Please read these terms of use ("Terms of Use") carefully as they apply to your access to, and use of, this web site located at www.popsignage.com (the "Site") operated by Clarity Connect, Inc. ("Clarity Connect").

BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW AS WELL AS ANY REFERENCED POLICY AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE OR BECOME A USER OF THE SERVICES PROVIDED ON THE SITE ("SERVICES"). ANY VIOLATION OF THIS POLICY MAY RESULT IN THE SUSPENSION OR TERMINATION OF YOUR USE AND/OR ACCESS TO THE SITE OR THE SERVICES.

Modification. These Terms of Use are not exhaustive and Clarity Connect reserves the right to modify them at any time as well as any policy of the Site, in its sole discretion if its practices change, as technology changes, or as new services are added or existing ones changed in any way. Any changes or modification will be effective upon posting of the revisions and these Terms of Use will reflect the new effective date. Your continued use of this Site following the posting of the changes or modifications will constitute your acceptance of such changes or modifications. You should frequently review these Terms of Use (including its effective date) and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site and the Services.

Suspension. Clarity Connect reserves the right, without notice and in its sole discretion, to terminate your use of or access to the Site or Services, and to block or prevent future use of or access to the Site. Clarity Connect can suspend any user if it has any reason to believe, in its sole discretion, that the user is involved in any fraudulent submission or use of personal or financial information; or engaging in any practice that constitutes an unfair or deceptive trade practice. Notwithstanding anything to the contrary in its Privacy Policy, Clarity Connect may access, use and disclose transaction information about your use of its Site and Services in order to comply with the law (e.g., governmental regulatory action, legal enforcement, lawful subpoena); to initiate, render, bill, and collect for its Services or to protect its rights or property, or users of its Services.

Other Policies. To understand how Clarity Connect gathers and uses information that it collects from the Site or that you provide to Clarity Connect, you should refer to Clarity Connect's Privacy Policy.

Proprietary Rights. POPSignage™, is a trademark owned by Clarity Connect, Inc. You may not use any meta tags or any other "hidden text" utilizing "POPSignage" or any other name, trademark, or product name of Clarity Connect without Clarity Connect's permission. All copyrighted and copyrightable materials on the Site, including, without limitation, the design, text, plant images, plant descriptions, manuals, product information, graphics, pictures, sound files and other files, and the selection and arrangement thereof are owned by Clarity Connect, Inc. You are granted a limited, non-sublicensable right to access this Site to print content, create signage and marketing materials and to access information on the Site. Images cannot be used for any other purpose other than the signs created directly by POPsignage.com.  All rights reserved.

You may not (i) publish, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the Site, or any portion of it; (ii) systematically collect or use any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods nor make derivative uses of the Site, or any portion of it; (iii) use any technique, including frames or framing techniques, to enclose any portion of the Site (including the images found at the Site or any text or the layout/design of any page or form contained on a page) without the express permission of Clarity Connect. If Clarity Connect believes that you have violated its intellectual property rights, Clarity Connect may obtain injunctive or other appropriate relief in any federal or state court located in North Carolina without having to submit the matter to arbitration as stated below, and you consent to the exclusive jurisdiction and venue in such courts. Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Clarity Connect. Any unauthorized use of the Site will terminate the permission or license granted by these Terms of Use and may violate applicable law including copyright laws, trademark laws (including trade dress), and other proprietary rights.

You agree not to use the Site or Services (i) in any other manner for or in connection with any other listing service or device; (ii) as part of any effort to compete with Clarity Connect, including without limitation using the Services to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss from an existing or potential Clarity Connect user.

Your Responsibility. You agree to indemnify and hold Clarity Connect harmless from any claim, action, demand, loss, or damage (including attorneys' fees) arising out of or in connection with (i) any third-party claim arising out of or relating to your use of the Site or any information contained therein; (ii) any dispute with a user or contact from a listing; and (iii) your breach of the Terms of Use.

You are responsible to preview cards to ensure proper display of text and image quality in the desired card template prior to downloading or ordering cards. Additionally, you are responsible to confirm that the information about each plant is accurate.  The data is licensed 'as is' and we make no guarantee that the botanical information is correct.

Clarity Connect will, in its sole discretion, terminate the accounts of, and refuse service to, any user who repeatedly or knowingly violates the Terms of Use. Clarity Connect shall have the sole authority to choose the manner in which any plant listing will be searched, displayed, accessed, downloaded, copied, and otherwise used on the Site and shall have the right to modify the listing in the exercise of its rights under this Terms of Use. You represent and warrant that all listings and associated information provided by you will be accurate at all times.

Clarity Connect does not ensure the accuracy of any plant listings or other information posted on its Site and you use such information at your own risk.

Payment Obligations. You agree to pay for the Services ordered through the Site using the payment method indicated, and provide Clarity Connect express authorization to charge said fees as agreed to at the time of the order. Fees owed depend on the specific type and quantity of Services ordered from time to time (collectively "Deliverables"). Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. You agree to be responsible for any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts for the Services.

You agree to pay the fees currently in effect for the Services you order. Clarity Connect shall notify you electronically 30 days in advance before making any changes to such fees. You acknowledge that it is your responsibility to use the Services and you will not entitled to a refund if you do not use the Services nor for any portion of said Services after the 30-day guarantee described below.

You may cancel your access to our services at any time by calling our Customer Service department at (919) 577-9901 or by completing the contact form at http://www.Clarity-Connect.com/contact.

Clarity Connect reserves the right to change its fees or billing methods at any time and will provide notice of any such changes.

It is your responsibility to promptly provide Clarity Connect with any contact or billing information changes or updates (including phone number, credit card numbers, email addresses, etc.) Account updates may be made on the Site.

Premium Services cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the person for whom the Premium Service is registered. Premium Service privileges are subject to change from time to time and may be subject to listing and searching limitations.

Use of Services. Clarity Connect prohibits the use of the Site or listings to generate or send unsolicited commercial email (SPAM). Users may not send SPAM (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms of Use.

Disclaimers and Limitations of Liability. Clarity Connect provides a Service where subscribers can view plant listings to create their own store signage and marketing materials.

THE INFORMATION POSTED, SERVICES, DATA AND NEWSLETTERS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. NEITHER CLARITY CONNECT, INC., NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS, THIRD PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE MAKE ANY REPRESENTATIONS OR WARRANTIES WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENTS, THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR AS TO THE ACCURACY, RELIABILITY OR CURRENCY OF ANY INFORMATION, OR SERVICE, OR GUARANTEE ANY CONTENT OR SERVICE, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND CLARITY CONNECT SPECIFICALLY DISCLAIMS ANY LIABILITY RELATING THERETO. IN STATES THAT DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, THE FOREGOING WILL NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

UNDER NO CIRCUMSTANCES SHALL CLARITY CONNECT, INC. OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE, ITS CONTENT, OR SERVICES AVAILABLE THROUGH IT, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SAME, INCLUDING BUT NOT LIMITED TO, RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED THEREFROM; OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS OR DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, COMMUNICATIONS, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR SERVICES. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN ALL EVENTS, ANY LIABILITY OF CLARITY CONNECT, INC. AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE, IF ANY, SHALL BE LIMITED TO REPLACEMENT OF THE LESSOR OF MONIES PAID TO CLARITY CONNECT, INC. FOR ITS PRODUCTS AND/OR SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B)$1000.

Governing Law and Jurisdiction. The laws of the State of North Carolina (without applying conflict-of-law principles) will govern these Terms of Use and any dispute that might arise between you and Clarity Connect regarding your use of this Site and any transactions hereunder shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Raleigh, North Carolina, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.

Any dispute or legal claim arising out of or relating to this Terms of Use or the Services, excluding legal action taken by Clarity Connect to collect fees and/or recover damages for, or obtain an injunction relating to, the Clarity Connect Site operations or intellectual property shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Raleigh, North Carolina, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Clarity Connect may seek any interim or preliminary relief from a court of competent jurisdiction in Raleigh, North Carolina, necessary to protect the rights or property of you or Clarity Connect pending the completion of arbitration. The prevailing party in such arbitration will be entitled to reimbursement for costs, including reasonable attorney fees.

Miscellaneous. These Terms of Use for the Site and use of the Services constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

© 2010 - 2011 Clarity Connect, Inc.
Effective Date: October 18, 2010