Richard Clear

ALL WEBSITES AND ANY AND ALL INFORMATION OWNED BY RICHARD CLEAR

TERMS OF USE

For The Purposes Of This Document The Term: 'RICHARD CLEAR' Refers To And Includes All Of The Following Listed Here:

  • Richard E. Clear Jr.

  • Clear's Silat Inc.

  • Clear's Silat & Street Kung Fu LLC

  • Clear Community Health Institute 501 (c) (3)

  • Iron Dragon, Inc

DBA's:

  • Clear's Silat

  • Clear's Tai Chi

  • Maryville Tai Chi

  • Self Defense Solutions

  • Executive Transformations

  • Street Kung Fu

  • Maryville Tai Chi

  • Maryville Tae Kwon Do

End Of List: 'RICHARD CLEAR' Refers To...

For The Purposes Of This Document The Terms: 'WEBSITE' AND 'WEBSITES' Refers To And Includes All Of The Following Websites AND Any And All Memberships On Said Websites Listed Here: clearsilat.com, clearstaichi.com, members.clearstaichi.com, clearmartialarts.com, streetkungfu.com, maryvilletkd.com, maryvilletaichi.com, silatdvd.com, knoxvilletaichi.net, www.breathhealing.com, chienergyactivation.com

End Of List: 'WEBSITE' AND 'WEBSITES'

For The Purposes Of This Document The Term: 'INFORMATION' Refers To All Of The Following: Information Including But Not Limited To Instruction, Techniques, Practices And Principles And Also Includes But Is Not Limited To What Are Ordinarily Understood As Martial Arts Techniques And Methods, Street Fighting Techniques And Methods, Any And All Martial Arts, For Example Tai Chi, And Maneuver Warfare Military Theory And Practice And It Is Understood That Some Or All Of The Preceding In This List Are Lethal And Designed To Kill. 'Information' Also Includes Any And All Content On Any Sales Page Or Landing Page Promoting Or Mentioning Anything At All Regarding Any Type Of Specific Event. 'Information' Also Includes Any Correspondence Or Any Type Of Communication With Richard Clear Or Any Individual Associated With Richard Clear Or Contributing In Any Way, Shape Or Form To Anything Owned By Richard Clear. 'Information' Can Be Of Any Type And Presented In Any Way Shape Or Form Including But Not Limited To Text, Videos, Images, Etc., AND Includes Any Type Of 'PRODUCT' Either Purchased Or Given To Anyone By Any Means Including But Not Limited To A Free Download, A Physical Product Or Online Access To A Membership Given Freely To A 'User' By 'Richard Clear' Or As A Result Of Signing Up As A Subscriber To A Mailing List, Etc.

IMPORTANT: PLEASE READ

LAST UPDATED: 01/01/2014

Thank you for visiting the WEBSITE on which you found the link to these 'Terms Of Use' (the "Website"). The Website is an Internet property of Richard Clear. You agree to be bound by these Richard Clear Website Terms of Use (“Terms of Use”), in their entirety, when you: (a) access any website owned by Richard Clear; (b) subscribe to a mailing list or request information by and through any website owned by Richard Clear (“Subscription Services”); (c) register to participate in any promotions, contests and/or sweepstakes offered by Richard Clear from time to time (each, a “Contest”); (d) join, or attempt to join, an affiliate program or other membership organization featured on any website owned by Richard Clear (“Membership Services”); and/or (e) order a product and/or service through any website owned by Richard Clear or receive for free or by any means any Information or Service (“Vendor Services, and together with the Subscription Services and Membership Services, the “Services”). The Richard Clear Privacy Policy (“PRIVACY POLICY”), the Official Contest Rules applicable to each Contest, Richard Clear Purchase Agreement(s) (“Purchase Agreement”), Richard Clear and any and all Membership Agreement(s) (“Membership Agreement”), as well as any other operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, are expressly incorporated herein by reference (collectively, the “Agreement”). Please review the complete terms of the agreement carefully. If you do not agree to the Agreement in its entirety, you are not authorized to use ANY 'Services' and/or ANY Website and/or ANY Information in any manner or form owned by Richard Clear. Richard Clear, OWNER OF THE BUSINESS ENTITIES LISTED ABOVE AND ALL CONTENT ON ANY WEBSITE LISTED ABOVE SPECIFICALLY DENIES ACCESS TO THE 'WEBSITE' AND/OR 'SERVICES' AND/OR ANY INFORMATION BY ANY INDIVIDUAL THAT IS COVERED BY THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT OF 1998, AS AMENDED (“COPPA”). Richard Clear RESERVES THE RIGHT TO DENY ACCESS TO THE SERVICES AND/OR WEBSITE AND/OR ANY INFORMATION TO ANY INDIVIDUAL, AT HIS SOLE AND EXCLUSIVE DISCRETION. IF YOU ARE UNDER THE AGE OF 18 YEARS OLD YOU ARE NOT AUTHORIZED TO USE ANY 'WEBSITE' OR ANY 'SERVICES' OR ANY 'INFORMATION OWNED BY Richard Clear.

SCOPE AND MODIFICATION OF THE AGREEMENT

You agree to the terms and conditions outlined in the Agreement with respect to your use of Any Website, Services and any Information. The Agreement constitutes the entire and only agreement between you and Richard Clear with respect to your use of Any Website, Services or Information and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Website, Services and any and all Information. Richard Clear may amend the Agreement from time to time at his sole discretion, without specific notice to you. The latest Agreement will be posted on or linked to All Websites and you should review the Agreement prior to using Any Website or Any Service or Any Information. By your continued use of Any Website and/or Services and/or Information, you hereby agree to comply with all of the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this page for updates and/or changes.

REQUIREMENTS

The Website and Services and Information are available only to individuals who can enter into legally binding contracts under applicable law. The Website and Services and Information are not intended for use by individuals under the age of eighteen (18). If you are under the age of eighteen (18), you do not have permission to use and/or access Any Websites and/or Any Services and/or Any Information owned by Richard Clear.

DESCRIPTION OF THE SERVICES

Subscription Services

Subject to the terms and conditions of the Agreement, by registering on Any Websites and/or for Any Services and/or for Any Information and receiving approval from Richard Clear, you can obtain, or attempt to obtain, for a fee or for no fee, the Subscription Services. The Subscription Services will provide you with e-mail content, text and other materials (“Subscription Content”) relevant to the products and services provided by Richard Clear. If You Would Like To Discontinue Receipt Of The Subscription Content And Any Emails Sent By Richard Clear Please Click Here To Contact Richard Clear

General

The personal subject matter and details that you must supply in connection with registering for the Services, using any Website or using any Information may include, without limitation, some or all of the following: (a) your full name; (b) company name; (c) e-mail address; (d) mailing address (and billing address if different); (e) home telephone number; (f) work telephone number; (g) telecopier number; (h) credit card information; and/or (i) any other information requested on the applicable registration form (“Service Registration Data”). You agree to provide true, accurate, current and complete Service Registration Data. Richard Clear has the right to reject any Service Registration Data where it is determined, in the sole and exclusive discretion of Richard Clear, that: (i) you are in breach of any portion of the Agreement; and/or (ii) the Service Registration Data that you provided is incomplete, fraudulent, a duplicate or otherwise unacceptable. Richard Clear may change the Registration Data criteria at any time, at his sole discretion. Unless explicitly stated otherwise, any future offer(s) made available to you on any Website that augment(s) or otherwise enhance(s) the current features of any Website shall be subject to the Agreement. You understand and agree that Richard Clear is not responsible or liable in any manner whatsoever for your inability to use and/or qualify for the Services. You understand and agree that Richard Clear shall not be liable to you or any third party for any modification, suspension or discontinuation of any Services or other product, service or promotion offered by Richard Clear and/or any of his Third Party Providers. If Richard Clear terminates the Agreement and/or any Services for any reason, Richard Clear shall have no liability or responsibility to you. You understand and agree that refusal to use any Website is your sole and only right and remedy with respect to any dispute that you may have with Richard Clear.

LICENSE GRANT

As a user of any Website, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Website, Content and associated Information in accordance with the Agreement. Richard Clear may terminate this license at any time for any reason. You may use any Website and any Content and Information on one computer for your own personal, non-commercial use. No part of any Website, Content, Contests and/or Services and/or Information may be reproduced in any form or incorporated into any material retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer any Website, Content, Contests and/or Services or any Information or a portion(s) thereof. Richard Clear reserves any and all rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of any Website or Service. You may not take any action that imposes an unreasonable or disproportionately large load on Richard Clear's infrastructure. Your right to use any Website, Content, Contests and/or Services and/or Information is not transferable.

PROPRIETARY RIGHTS

The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to any Website, Content, Contests and Services and Information are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of any Website, Content, Contests and/or Services and Information is strictly prohibited. Systematic retrieval of material from any Website, Content, Contests and/or Services and/or Information by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Richard Clear is prohibited. You do not acquire ownership rights to any content, document, software, services, Information or other materials viewed at or through any Website, Content, Contests and/or Services. The posting of Information on the Website, or by and through the Services, by Richard Clear does not constitute a waiver of any right in or to such Information and/or any 'other' materials. The Richard Clear name(s) and logo(s), and all associated graphics, icons and service names, are trademarks of Richard Clear. All other trademarks appearing on any Website or by and through any Services or Information are the property of their respective owners. The use of any trademark without the applicable owner’s express written consent is strictly prohibited.

CO-BRANDING, AND/OR "FRAMING" THE WEBSITE PROHIBITED

Unless expressly authorized by Richard Clear, no one may hyperlink any Website, or portions thereof (including, but not limited to, logotypes, trademarks, branding or copyrighted material), any Information, TO THEIR WEBSITE OR WEB VENUE FOR ANY REASON. Further, ”framing” any Website in any commercial or non-commercial media without the prior, express, written permission of Richard Clear is strictly prohibited. You specifically agree to cooperate with any Website to remove or cease, as applicable, any such content or activity. You hereby acknowledge that you shall be liable for any and all damages associated therewith.

EDITING, DELETING AND MODIFICATION

Richard Clear reserves the right at his sole discretion to edit and/or delete any documents, Information or other content or Services appearing on the Website.

DISCLAIMER

THE WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, Richard Clear MAKES NO WARRANTY THAT: (A) THE WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF Richard Clear's THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THIRD PARTY PROVIDERS ON ANY WEBSITE WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF Richard Clear's THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH ANY WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY FOR THE CONTESTS AND/OR SERVICES; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF Richard Clear's THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES AND/OR INFORMATION THAT YOU MAY APPLY FOR THROUGH ANY WEBSITE WILL BE ACCURATE OR RELIABLE. ANY WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF Richard Clear's THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. Richard Clear WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH ANY WEBSITE. NO ADVICE OR INFORMATION OR SERVICES, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Richard Clear, ANY OF Richard Clear's THIRD PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM ANY WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

DISCLAIMER FOR HARM CAUSED BY DOWNLOADS

Visitors agree that if they download any type of download  from any Website they do so at their own risk. Richard Clear makes no warranty that such downloads are free of corrupting computer codes including, but not limited to, viruses and worms.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Richard Clear SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Richard Clear HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE ANY WEBSITE, SERVICES, CONTESTS, CONTENT, INFORMATION, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF Richard Clear's THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES AND/OR MATERIALS THAT YOU MAY APPLY FOR THROUGH ANY WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, MATERIALS AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH ANY WEBSITE; (C) THE FAILURE TO QUALIFY FOR THE CONTESTS, SERVICES, OR THIRD PARTY PRODUCTS FROM ANY OF Richard Clear's THIRD PARTY PROVIDERS, OR ANY SUBSEQUENT DENIAL OF THIRD PARTY PRODUCTS FROM SAME; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (E) ANY OTHER MATTER RELATING TO THE INABILITY TO USE ANY WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF Richard Clear's THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH ANY WEBSITE THAT YOU MAY RECEIVE FROM ONE OF Richard Clear's THIRD PARTY PROVIDERS. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE Richard Clear AND ALL OF Richard Clear's THIRD PARTY PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF Richard Clear TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND AGREEMENT BETWEEN YOU AND Richard Clear. THE INABILITY TO USE ANY WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF Richard Clear's THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH ANY WEBSITE THAT YOU MAY RECEIVE FROM ONE OF Richard Clear's THIRD PARTY PROVIDERS, WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

INDEMNIFICATION

You agree to indemnify and hold Richard Clear, LLC, each of the parents, subsidiaries and affiliates, and each of the respective members, officers, directors, employees, agents, co-branders and/or other partners and/or any other associates and any and all business entities, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of Any Website, Services, Content and/or entry into any Contest; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Richard Clear, each of the parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or other partners and/or any other associates and/or attorneys and any and all business entities. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its or his/her own behalf.

THIRD PARTY WEBSITES

The Website may provide links to and/or refer you to other Internet websites and/or resources including, but not limited to, those owned and operated by Third Party Providers. Because Richard Clear has no control over such third party websites and/or resources, you hereby acknowledge and agree that Richard Clear is not responsible for the availability of such third party websites and/or resources. Furthermore, Richard Clear does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.

PRIVACY POLICY/VISITOR INFORMATION

Use of the Website, and all comments, feedback, personal subject matter and details, Registration Data and/or materials that you submit through or in association with any Website, is subject to Richard Clear's Privacy Policy. Richard Clear reserves the right to use all personal subject matter and details regarding your use of any Website, and any and all other personally identifiable subject matter and details provided by you, in accordance with the terms of Richard Clear's Privacy Policy. To View Richard Clear's Privacy Policy, Please Click Here

LEGAL WARNING

Any attempt by any individual, whether or not a Richard Clear customer or member, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of Any Website Or Service, is a violation of criminal and civil law and Richard Clear will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

CHOICE OF LAW/VENUE

Any disputes arising out of or related to the Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee (without regard to conflict of law principles). Should a dispute arise concerning the Agreement, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in Maryville, Tennessee, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Richard Clear and each of his legal representatives, affiliates, subsidiaries, parents, agencies and their respective members, officers, directors, employees, agents and/or other partners and/or any other associates and any and all business entities. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Richard Clear incurs in seeking such relief. The Agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.

PRIVACY POLICY / PRODUCT, WEBSITE AND SERVICE DISCLAIMER

CLICK HERE FOR PRIVACY POLICY  /  CLICK HERE FOR WEBSITE AND INFORMATION DISCLAIMER

CONTACTING RICHARD CLEAR

If you have any questions regarding the Agreement, or would like more information from Richard Clear, Please Click Here To Contact Richard Clear

Or you may contact Richard Clear At:

National Headquarters
Richard Clear
3932 Morganton Rd
Maryville, TN 37801