Legal Notice and Terms of Use for ClearImpact.com

Legal Notice

The training programs, software and other services provided by Clear Impact, LLC utilize the proprietary concepts, materials, methodologies and other works that form the body of work known as “Results-Based Accountability TM” (“RBA”) or “Outcomes-Based Accountability TM (“OBA”), and created by Mark Friedman (for convenience we refer to them as simply “RBA”). All of Mark Friedman’s work is owned and copyrighted by him and his consulting firm, FPSI (the “Fiscal Policy Studies Institute”). Clear Impact has exclusive and worldwide rights to use Results-Based Accountability, including all of proprietary and intellectual property rights represented by RBA.

In addition, Clear Impact has created many other resources, materials and work related to RBA and based on the RBA framework. In particular, Clear Impact has developed a proprietary strategic management software tool based on the principles of RBA. The software, the know-how and other proprietary rights it embodies, as well as all other RBA-related resources, materials and work are owned and copyrighted by Clear Impact. As a result, Clear Impact either owns or controls all of the proprietary rights to RBA.

This means that Clear Impact must grant you a license before you use RBA or exercise any RBA-related rights. This includes, without limitation, all of the content and other materials on this website, documents, written materials, CDs, DVDs, and software that Clear Impact may use or make available to you.

Clear Impact also owns or controls the trademarks “Clear Impact” and the Clear Impact Logo, “Results-Based Accountability”, “Outcomes-Based Accountability”, “Results Scorecard”, “ResultsStat” and “Turning the Curve”. This also includes the categorization of performance measures into “How Much”, “How Well”, and “Better Off”. Permission to use any of those trademarks must also be obtained from Clear Impact.

To find out more about licensing RBA, contact us at info@clearimpact.com.

Terms of Use

This Terms of Use (“TOU” or the “Agreement”) is a legally binding contract between Clear Impact, LLC (“Clear Impact”) and you, as a user of or subscriber to Clear Impact sites or services.

Clear Impact Services may be offered across a number of web domains, including, without limitation, ClearImpact.com and app.clearimpact.com. We’ll refer to these domains as the “Sites” in this Agreement.  You may access the Sites or Services with a free account as a user (“User”). While access to certain portions of the Sites and selected features of the Services is free, Clear Impact reserves the right to charge fees for features and benefits associated with the Sites or Services at any time.

A User who pays for any portion of the Sites or Services shall be referred to as either a “Subscriber” or “Customer” in this Agreement.

The Services are available only to Users:

• Who are human (not bots, except for certain authorized API users) and 13 years of age or older, and Users who are also Subscribers or Customers must be at least 18 years old.
• Who submit truthful and accurate information about themselves and maintain the accuracy of such information.
• Who do not impersonate any other person or entity or otherwise misrepresent their identity in a profile or elsewhere on the Sites.
• With a valid email address.
• Who do not to authorize others to use their account, profile, or messages.

You agree to inform Clear Impact immediately upon learning of a security breach that relates to your account or a third party’s improper use of the Services in connection with your account.

You agree that your rights in a subscription or use of any paid Services (including, for example, the ability to change a password associated with a Clear Impact account) may be dependent upon demonstrating that you have paid for the subscription or Sites.

You acknowledge that if you sign up for any Services and pay via credit card, and Clear Impact cannot charge your credit card at renewal, Clear Impact may cancel your subscription and you may lose access to the Services and any data associated with your subscription.

While some Services may be paid for via invoice by mutual written agreement by you and Clear Impact, Clear Impact reserves the right to quote additional fees for invoiced accounts. If Clear Impact has entered into an invoicing relationship with you, the following terms apply unless superseded by written agreement: you agree to pay all undisputed invoices within 30 days. You agree that Clear Impact may charge interest of 1.5% per month for past due invoices, or the highest rate permitted by law, and you agree to be liable for reasonable attorney fees and collection costs arising from Clear Impact’s efforts to collect on past due amounts; If you fail to pay an invoice, Clear Impact reserves the right to cancel your subscription, access to any Services, and any data associated with your subscription or the Services.

You acknowledge that portions of the Sites and Services are publicly available or available to other Users and may be accessible by syndication programs (including data feed tools), search engines, metasearch tools, crawlers, metacrawlers, and other similar programs.

Clear Impact reserves the right to monitor your communications to the extent they are facilitated by the Sites or Services, and may disclose content and information about you, including content contained within your communications, if Clear Impact deems it reasonably necessary to: (1) conform to legal requirements or respond to legal process; (2) ensure your compliance with this TOU, the Clear Impact Privacy Policy, and/or the Clear Impact Community Etiquette; or (3) protect the rights, property, personal safety, or interests of Clear Impact, its employees, customers, or the public.

User Obligations Regarding User Generated Content

Any information, profiles, data, text, links, articles, software, photographs, graphics, video, music, sound, messages, or other materials that a User uploads, publishes or displays on the Sites or in connection with the Services, whether publicly posted or privately transmitted, shall be referred to herein as “User Generated Content.” Users assume the following obligations with User Generated Content:

• Users assume legal responsibility for all User Generated Content.
• Users agree that no copyright, trademark, trade secret, publicity or privacy rights, or other intellectual property rights are being violated by your posting, transmission or sharing of any User Generated Content via the Sites or Services.
• Users agree not to post, transmit, or share User Generated Content on the Sites or Services that User does not have permission to post, transmit or share.

Clear Impact Obligations Regarding User Generated Content

Clear Impact assumes no obligations to screen and does not routinely pre-screen User Generated Content posted via the Sites or in connection with the Services. Clear Impact does not guarantee the accuracy, integrity, appropriateness, quality, or validity of User Generated Content. User Generated Content does not necessarily represent the views or opinions of Clear Impact and under no circumstances will Clear Impact be liable in any way for any User Generated Content, including without limitation liability related to any loss or damage of any kind incurred as a result of the use of any User Generated Content posted, emailed, or otherwise transmitted via the Sites. As such, you are solely responsible (at your own expense) for creating backup copies and replacing any User Generated Content you post or store on the Sites or otherwise provide to Clear Impact. Notwithstanding its lack of obligation, Clear Impact may remove any User Generated Content at any time at its sole discretion, including User Generated Content that in the sole judgment of Clear Impact violates this TOU or which may be offensive, illegal, or violates the rights of any person or entity, or harms or threatens the safety of any person or entity. Clear Impact assumes no obligation to maintain or store your content. Clear Impact may delete, modify, or restrict the display of User Generated Content at any time for any reason, including but not limited to a change in Subscriber account level, Services cancellation, violation of the TOU, or violation of the Clear Impact Community Etiquette; once deleted, User Generated Content may not be retrieved.

Clear Impact’s Permitted Use of User Generated Content and User Data

Clear Impact does not claim ownership of User Generated Content. Subject to the rights granted to Clear Impact in this TOU, you retain full ownership of all of User Generated Content to the extent you would otherwise have intellectual property rights or other proprietary rights associated with it.

When you post User Generated Content to the Sites, you authorize and direct Clear Impact to make such copies as Clear Impact deems necessary to facilitate the posting and storage of User Generated Content on the Sites and provide the Services to you.

You further authorize Clear Impact to anonymize and aggregate User Generated Content and any data you share with us (“User Data”), including data associated with your google analytics and social media profiles. You authorize Clear Impact to use such content and data, by way of example and not limitation, to enable Clear Impact to provide current or future services and for benchmarking, research and development, data products, or other marketing purposes. By choosing to post, upload, or transmit data to the Sites (including authorization to access any third party account or profile), you grant Clear Impact, its affiliates and partners an irrevocable, perpetual, worldwide, royalty free, non-exclusive license (with the right to sub-license) to use anonymized and aggregated User Generated Content and User Data, in all present and future media, and in any manner relating to the Sites or Services.

In addition, with respect to User Generated Content that you elect to post or transmit on the community portions of the Sites (“Interactive Content”), including without limitation your User Profile and the Clear Impact Blog, and any other future Clear Impact sites or services that are designed to be viewed by the public or other Subscribers, you grant to Clear Impact, its affiliates and partners an irrevocable, perpetual, worldwide, royalty free, non-exclusive, transferable license (with the right to sublicense) to use, reproduce, translate, alter, publicly perform, publicly display, modify, adapt, publish, excerpt (in whole or in part) and distribute such Interactive Content, in whole or in part, in all present and future media and in any manner relating to the Sites or Services (including, without limitation, in connection with the appearance of such Interactive Content on Clear Impact and on the sites of our affiliates, partners and others with whom Clear Impact may have business relationships relating to the Sites) and the distribution and promotion of the Sites. You further agree that Clear Impact is free to use any ideas, know-how, concepts, techniques or other materials implied by Interactive Content.

You may remove Interactive Content from the Sites at any time. If you choose to remove Interactive Content, any license granted above for the content shared by on you on the community portions of the Sites will remain in effect. You acknowledge that Clear Impact may retain archived copies of such Interactive Content.

Copyright Infringement

If you believe that your work has been used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Clear Impact at info@clearimpact.com.

You must provide all of the following in writing: identify the copyrighted work that you claim has been infringed (or if multiple copyrighted works, then a representative list of such works); identify the content on the Services that you claim is infringing with enough detail so that Clear Impact may locate it; provide a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; provide a statement by you declaring that the notification is accurate, and, under penalty of perjury, that you are the exclusive owner of the copyright interest involved or that you are authorized to act on behalf of the exclusive owner; provide information reasonably sufficient to permit Clear Impact to contact you, such as an address, telephone number, and email address; and your physical or electronic signature.

Upon receipt of notice as described above, Clear Impact will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Services or termination of the posting account.

Special Admonitions for International Use

As a consequence of the global nature of the Internet, you agree to comply with all local rules and laws regarding user conduct on the Internet and acceptable content. Specifically and without limitation, you agree to comply with all applicable laws regarding obscene and indecent content and communications and those regarding the transmission of technical data exported from the United States or the country in which you reside.