Terms of Service
The following Terms of Service ("Terms") describes the terms and conditions on which The Well Tempered Listener Ltd trading as Clements Theory ("Clements Theory") offers you its services, which include access to and use of its website www.clementstheory.com ("the Service").
Please read these terms and conditions carefully before using the Service.
Use of the Service is conditional on your acceptance of these Terms. If you are under the age of consent (age of majority) where you live, you acknowledge that your parent, teacher or guardian has reviewed and accepted these Terms on your behalf. If you are a teacher, you represent that you have the authority to accept these Terms on your students' behalf. By continuing to use the Service, you indicate your acceptance of the Terms, and all related policies and guidelines of Clements Theory, if any, as indicated in these Terms and which are incorporated by reference.
The Provider may revise any portion of these Terms, or any other policies or guidelines governing the use of the Service, at any time, in its sole discretion and without advance notice to you. You agree to comply with all policies regarding permitted and prohibited uses of the Service that may be posted by Clements Theory on the Service. Any changes will be effective upon posting of the revised Terms on the Service. Your use of the Service will be subject to the Terms posted at https://www.clementstheory.com/terms at the time of such use.
Your continued use of the Service following our posting of any changes will constitute your acceptance of such changes or modifications. If you (or, if you are under the age of consent (age of majority), your parents, teacher or guardians) do not agree to any changes to the Terms, please immediately discontinue use of the Service.
The Service permits you to read study guides and other documents, consult interactive questions, post messages on the blog and forum, and view other content provided by Clements Theory and by other users of the Service, and to interact with those other users. The Service is provided over the Internet using software that was created or licensed by Clements Theory.
The Provider is a service provider only, and does not completely control the Content displayed on or accessible through the Service. The Provider does not generally monitor the communications between users of the Service. The Provider has limited control over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Service.
The Service is exclusively for teachers, students and authorised individuals.
By using the Service, you agree to (a) be bound by all these Terms, (b) be responsible for all use of your account on the Service, including all actions that take place through your account, (c) maintain the security of all passwords supplied to you by Clements Theory, and (d) provide accurate and current registration information, if applicable.
By using the Service, you agree to not give out any passwords or grant access to the Service to any other individual(s) unless instructed or permitted to do so by Clements Theory. You also agree that the Service will be used for personal study or teaching purposes only.
You may close your account at any time. Once you notify Clements Theory of your intent to close your account, Clements Theory will close your account within 30 business days.
The provider has the right at any time for any reason or no reason to suspend or terminate your account, terminate these Terms, and/or refuse any and all current or future use of the Service without notice or liability to you.
The subscription term ends at the end of the subscription period, unless renewed by the subscriber.
Content Rights and Licenses
By using the Service you will have access to questions, study guides, and other content (collectively, "Content"). Content may be provided under license by Clements Theory or by independent content providers, including other users of the Service (all such independent content providers, "Content Providers").
You acknowledge that Clements Theory and other Content Providers have intellectual property rights in their respective Content. Except as described in the Terms, such rights are not licensed or otherwise transferred by mere use of the Service. You accept full responsibility and liability for your use of any Content in violation of any such rights.
You may create Content using the Service. Subject to the Terms, you retain ownership of and all right to the Content that you create, including all copyright and other intellectual property rights.
By posting Content on the Service, you represent and warrant that you own or are the licensee of the Content, you have the right to post such Content on the Service, and such posting does not violate the rights of any other person in the Content.
When you create Content on our Service, or upload Content to our Service, you grant Clements Theory a non-exclusive license to use, modify, and copy your Content as needed to allow us to operate the Service. You agree that your creation of Content is not in any way based upon any expectation of compensation from Clements Theory.
You may not use the Service or the Content for a commercial purpose without the consent of Clements Theory. If you would like to use Content for a commercial purpose, please contact Clements Theory directly at https://www.clementstheory.com/contact.
The Provider reserves the right to delete or restrict access to any Content at any time for any reason whatsoever, and shall not be responsible for any losses or damages arising from the deletion or restriction of any Content for any reason.
The Service may only be used for lawful purposes. You may not use the Service to post anything or to communicate anything which is illegal, offensive, or that violates the rights of any third party, including without limitation: copyrighted material, material judged by Clements Theory in its sole discretion to be defamatory, threatening, obscene or objectionable, material protected by trade secret or under any obligation of confidence, material that you do not have a right to transmit under any law or under contractual or fiduciary relationships, and material that promotes or provides instructional information about illegal activities, promotes physical harm or injury against any group or individual, or promotes any act of cruelty to animals.
You may not access the Service though means other than as intended by Clements Theory.
You may not reverse engineer the Clements Theory Tools or the Service.
You may not charge any third party for access to or use of the Service.
You may not impersonate any third party without their consent.
You may not use the Service for any purpose other than that which it was designed.
Any violation by you of the Terms may result in immediate and permanent suspension or cancellation of your account. The Provider may take whatever steps it deems necessary to curtail objectionable behavior of any sort on the Service in its sole discretion, without notice to you.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ADVISORS FROM AND AGAINST ANY CLAIMS, LOSSES, JUDGMENTS, DAMAGES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL FEES) RESULTING FROM YOUR BREACH OF THESE TERMS, OR THE USE OF THE SERVICES OR POSTING OF CONTENT WHICH DAMAGES YOU OR ANY OTHER PARTY.
To report an abuse of these Terms, contact Clements Theory at https://www.clementstheory.com/contact.
By submitting Content, you represent and warrant that the Content does not infringe upon any third party intellectual or personal rights, including but not limited to, copyrights, patents, trade-marks, trade secrets, or privacy or other personality rights.
Should Clements Theory be made aware of any Content posted by you that could be infringing on a third party's intellectual property rights, Clements Theory may remove such Content, at its sole discretion. The Provider will notify you of the copyright infringement allegation and will allow you to respond to the allegation(s).
To report an infringement of copyright, contact Clements Theory at https://www.clementstheory.com/contact.
As a condition of accessing the Service, you release Clements Theory (and its officers, directors, shareholders, employees, agents and advisors from and against any Claims, losses, judgments, damages, costs and expenses (including, without limitation, reasonable legal fees) of any costs, claims, damages or liability, arising out of or in any way associated with providing the Service.
THE SERVICE IS PROVIDED "AS-IS", WITHOUT ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
The Service may become unavailable from time to time without notice. The Provider assumes no responsibility for any loss, damage, deletion, theft, unauthorized use, error, omission, delay or interruption in connection with any Content, user account information, links to third party websites, personally identifiable information or services offered on or through the Service. Regardless of your ownership of any Content, you acknowledge and agree that Clements Theory will not under any circumstances be liable for the use or destruction of that Content when on the Service.
Limitation of Liability
IN NO EVENT WILL THE PROVIDER OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM LOST PROFITS OR LOST DATA, EVEN IF BITSTRIPS IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, ANY DAMAGES ARISING UNDER CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY, OR RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE OR ANY CONTENT; (II) ANY THIRD PARTY CLAIMS THAT THE USE BY YOU OF THE SERVICE OR THE CONTENT VIOLATES ANY INTELLECTUAL PROPERTY RIGHT; OR (III) ANY OTHER MATTERS RELATING TO THE SERVICE OR THE CONTENT.
You agree to indemnify and hold harmless Clements Theory and its directors, officers, employees, agents and partners from any loss, liability, claim, damages or demand, including legal costs, made by any third party arising out of or in connection with your violation of these Terms.
You acknowledge and agree that any comments, questions, suggestions or ideas sent by you to Clements Theory are non-confidential and shall become the property of Clements Theory, without acknowledgment or compensation to you.
No waiver of any breach of these Terms shall be effective unless contained in a written document signed by the party negatively affected by such waiver, nor shall any such waiver constitute a waiver of any other breach, nor shall any such waiver operate as a waiver of any other provision or of the same provision on a further occasion. Furthermore, no failure or delay by Clements Theory in exercising any right hereunder shall operate as a waiver hereof, or shall stop Clements Theory from obtaining relief from you.
We will agree to cancel an account and refund an individual subscription providing:
1) that a request is made by email or online message via this website within 7 days of the transaction date;
2) that you have not logged in more than 10 times or taken more than 5 tests;
3) and that your transaction has not otherwise reversed or has failed to clear in our account or is under dispute with the payment service provider.
Law and Jurisdiction
These terms and conditions are governed by, and construed in accordance with, the law of England and Wales. Any dispute arising under or out of these terms and conditions shall be subject to the jurisdiction of the courts of England and Wales, although we reserve the right to take proceedings in any other court of competent jurisdiction, whether concurrently or not.
Acceptance of these terms and conditions shall be deemed to have been taken place in the United Kingdom, notwithstanding the location of any server which hosts the content of this website, or where you or any server carrying your content are located.
If for any reason any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law, that part will be enforced to the maximum extent possible so as to give effect to its intention, and the remaining terms and conditions will continue in full force and with full effect.
These Terms constitute the entire agreement between you and Clements Theory regarding your use of the Service and is accepted upon your use of the Service.
These Terms will be updated from time to time. Please check back regularly to stay informed of changes.