Terms of Service

Effective Date: 10/13/2023

Contact Information

William Maidla

Clearport USA

24285 Katy Fwy, Suite 575

Katy, TX 77494 U.S.A.

 

Introduction

Welcome to www.clearportusa.com, the online platform owned and operated by Clearport USA ("Clearport," "we," "our," or "us"). These Terms of Service (“Terms”) are written to govern the use of and access to www.clearportusa.com (the “Site,” or “Website”) by its users (“you,” “the user,” or “users”).

These Terms govern your acceptable use of and access to this Website, they outline your rights and responsibilities as a user, and they inform you about how the information you provide through this Website is managed. These Terms encompass all aspects of your interactions with us through this Website, including browsing webpages, accessing content, accessing our services, sharing information through forms/account creation, and engaging with Clearport staff. These Terms also contain a dispute resolution section, which dictates the way in which you agree to resolve disputes with Clearport USA, its directors, officers, agents, employees, subsidiaries, contractors, or affiliates, as related to your use of this Website.

Each time you access or use our Website in any capacity, you indicate that you have read and that you understand these Terms of Service, and that you agree to adhere to these Terms of Service. It is essential that you carefully review and understand these Terms before proceeding to use our Website each time that you visit, as these Terms are subject to change. If you do not agree with any part of these Terms, we kindly request that you discontinue using our Website.

These Terms of Service go into effect at the date listed above and your continued use of Clearport services and/or Website after this date will be subject to our Terms of Service and any updates to the same thereafter.

 

 

Services Provided

Clearport USA provides the following services:

Recruitment (Human Capital)

We offer human capital management and recruitment services for both employers and job seekers. In doing so, we provide services related to onboarding, performance assessments, assistance with permanent residence, English language tests, and visa applications.

Student Mobility

We assist students and prospective students in applying to universities, colleges, and high schools. Our services include visa application support, guidance on study and work permit applications, assistance with living arrangements, and help with the path to permanent residency post-graduation.

Market Development

Clearport aids businesses in defining business and investment strategies, engaging opportunities, and expanding operations. We offer assistance in networking, partnership, export, acquisition, real estate, and more.

Immigration Services

We offer visa applications, citizenship services, permanent residency assistance, and consultations to assess immigration needs.

General Use

By using the Site, you acknowledge and agree to the following:

Data Collection

Clearport collects, records, processes, analyzes, and stores all your activities, interactions, and communications on the Site. This includes areas visited, content viewed, information entered, clicks, scrolls, hover actions, and other interactions on the Site. This data is essential for the Site's operation.

Connections

By using this Website, you authorize Clearport to make connections with its providers, web-hosting services, servers, and other computers, via the necessary hardware or software. These connections are essential for the Site's operation.

Prohibited Use

You must not engage in activities such as data extraction, web crawling, reproduction, duplication, copying, sale, exploitation, trade, or resale of any part of the Site without prior written permission from Clearport. Employing automated systems or software to access the Site for any purpose is prohibited. Using the Site for personal commercial purposes or personal profit is prohibited. At all times you are required to adhere to all relevant laws and regulations, including those pertaining to U.S., international, or other export and re-export controls, copyright, and intellectual property. Failure to comply with these Terms and legal requirements may result in legal action, and/or the termination of your account without prior notice.

User Rights and Responsibilities

As a user of our Website, you have certain rights and responsibilities:

Legal Compliance

You must fully comply with all applicable laws and regulations while using our Website. Failure to comply with the law may result in legal consequences, legal action on behalf of Clearport, or the termination or suspension of your account.

Security & Account Access

While Clearport takes very seriously the protection of your information, you are solely responsible for your account security. While using this Website you agree to maintain the security and privacy of your account information, including passwords and any sensitive data associated with it. Do not share access to your account, associated passwords, or personal information with anyone; or in the case of businesses, the appropriate authorized staff. Clearport staff will never ask you for your password.

Accuracy & Fraud

You are responsible for ensuring that the information provided to Clearport through your account is up-to-date, accurate, and truthful. Providing fraudulent information is a violation of these Terms of Service, and may constitute a violation of the law. Failure to comply with the law may result in legal consequences, legal action on behalf of Clearport, and/or the termination or suspension of your account.

You may access, update, and correct inaccuracies in your personal information in our custody or control at any time, subject to limited exceptions prescribed by law. Simply log into your account, go to your account profile, and make the necessary changes. You can also request access, corrections, or updates to other personal information in our records by contacting us as set out above. We may request certain personal information for the purposes of verifying the identity of the individual seeking access to their personal information records. Please see our privacy policy for more information on how to update your information: [INSERT LINK TO PRIVACY POLICY HERE]

Reporting Violations

It is your responsibility to promptly report any violations of the Terms of Service to the contact information provided at the top of this page, before making any disputes or taking any legal action. Should you wish to lodge a concern of complaint to Clearport, please contact us as set out above. We will respond to your concerns in a reasonable time, typically within 10 business days.

Communication Etiquette

It is your responsibility to adhere to the communication etiquette outlined in the user conduct section located in these Terms. Disrespectful, demeaning, inappropriate, or harmful conduct will result in the suspension or termination of your account.

Intellectual Property

You are responsible for protecting your intellectual property. All content on the Website is owned by Clearport USA or licensed for use by Clearport USA. Duplication of any content found on the Clearport Website is strictly forbidden without written permission.

Right to Withdraw or be Forgotten

You may request your data be withdrawn (forgotten); this type of request can be performed assuming Clearport is in a legal position to fulfill such a request. You must not have an active study or job application where financial or billing records are or may be in process should an application to a third-party service is engaged. Should Clearport be able to comply with your request, only the Personally Identifiable Information (PII) you provided will be forgotten. Non-PII data, “Metadata” will be maintained regardless.

Clearport's Rights and Responsibilities

Clearport is committed to providing a secure and efficient platform for our users. In addition to the responsibilities outlined for users, Clearport has certain rights and responsibilities in the management of user accounts, data protection, and service provision:

Account Management

Clearport reserves the right to manage and administer user accounts as necessary to ensure the platform's proper functioning and security. This includes the ability to suspend or terminate accounts, conduct investigations, and enforce these Terms.

Data Protection

Clearport takes the protection of your data seriously. We will make reasonable efforts to safeguard the personal and account information you provide, following our Privacy Policy. However, users should understand that no online platform can guarantee absolute data security, and by using Clearport, users acknowledge and accept this inherent risk.

Services

Clearport aims to provide users with the services requested, such as job or school applications, profile creation, and related assistance. We will make reasonable efforts to ensure that these services are provided accurately and efficiently. However, we do not guarantee the availability of any specific job, school, or outcome through the use of our platform. Our role is to facilitate connections and provide support, but the ultimate decisions and outcomes are often determined by external entities (employers, schools, etc.).

Content Moderation

Clearport has the right to moderate and manage user-uploaded content, including profiles, job or school applications, and other material. This includes the ability to review, edit, or remove content that violates our Terms of Service or poses security or privacy risks.

By using Clearport’s Website and/or services, you acknowledge and accept that Clearport has these rights and responsibilities, and you acknowledge and accept that the above is essential for the proper operation and security of our platform. If you have any questions or concerns regarding these rights and responsibilities, please reach out to us through the contact information provided above.

User Accounts

Age Restrictions

The Website is intended to be used by people who are over the age of majority in their country or jurisdiction. If you are below the legal age of majority in your jurisdiction, you must use the Site under the guidance and supervision of a parent or legal guardian.

Disclosure & Storage of Personal Information

By registering an account with Clearport, you are making a request and granting Clearport permission to store and share your information with employers, government agencies, and relevant businesses in connection with the services you've requested. This may include reviewing or scanning your CV and profile and providing feedback, such as suggesting improvements, alternative job options, and recommending additional relevant information to include. Except when necessary to provide the requested services, you must not share official identification information, such as your social security number, social insurance number, driver’s license number, passport number, national identification number, insurance numbers, immigration identification numbers, or any other personal identification information. Clearport will request such information only with your express permission, and only for the purpose of providing you with the services you request.

This type of information and user content shared or uploaded by you will be disclosed only as needed to provide the services requested from Clearport USA. Nevertheless, posting such identification information online carries inherent risks. Sharing such information can potentially result in identity theft, for which Clearport cannot assume responsibility, even in the event of a security breach. By using the Website, you agree not to hold Clearport, its directors, officers, agents, employees, subsidiaries, contractors, or affiliates responsible for any damages resulting from a breach or leakage of information that may occur due to a security or data breach, or a similar event. Please refer to our Privacy Policy for information on how your account information is managed: [INSERT LINK TO PRIVACY POLICY HERE].

Account Requirements

To enable Clearport to provide the services you request, you are required to provide your legal name, phone number, email address, and CV/Resume during the account creation process on the Website. The information you include in your CV/Resume is provided solely at your discretion. It is your sole responsibility to ensure that your account information and the information that you provide in your CV/Resume are up-to-date, accurate, complete, truthful, and compliant with both these Terms and the law. By sharing this necessary information, you grant Clearport the rights to use the information you provide to offer you the services you request.

By creating an account with Clearport on the Website, you confirm and warrant that you have the right to share the information required for account creation. You also confirm and warrant that sharing this information does not infringe on the privacy rights, copyrights, intellectual property rights, or any other applicable laws, contracts, or rights of any person, including yourself, any business, or any third party. In the event of a violation of any applicable laws, contracts, or rights of any person or business, you agree to pay for all fines, damages, and royalties owed to any affected party or business resulting from such a violation.

Indemnification

By creating an account on the Site, you agree to indemnify and hold harmless Clearport, its directors, officers, agents, employees, subsidiaries, contractors, and affiliates from any claims resulting from any content you provide. By using the Site, or Clearport’s services, you acknowledge that Clearport is not responsible for user-uploaded content, which may be incomplete, inaccurate, misleading, or fraudulent. Furthermore, Clearport does not endorse any opinions, facts, or information contained in user-uploaded content, and has no obligation or liability for monitoring, fact-checking, publishing, or removing user-uploaded content.

External Websites

The Clearport Website may offer links to external websites on the internet, all of which are independently owned and operated by third parties. These external websites have their own distinct terms of service, and we encourage you to review and adhere to those respective terms of service when visiting those websites.

Clearport disclaims responsibility and liability for the content found on external websites. This includes, but is not limited to, the accuracy, legality, relevance, and quality of content provided by third parties on these platforms. Any concerns or issues related to external websites should be directed to the relevant party responsible for the specific website in question. Clearport does not have the authority to mediate or resolve disputes or difficulties arising from the use of external websites.

Clearport holds no responsibility or liability for the maintenance and availability of external websites. In the event that links to external websites are removed or altered at any time, Clearport is not responsible or liable for any inconvenience or disruption this may cause. Users should be aware that external websites may modify their content or links without prior notice. Users are advised to acknowledge that the functioning and accessibility of these external websites are beyond our control.

You are solely responsible for any interactions or transactions conducted by you on external websites. Clearport takes no responsibility and disclaims all liability regarding any agreements or contracts entered into by users with any third party through external websites. Users should exercise due diligence and understand that any agreements, contracts, or transactions conducted on an external website are undertaken at their own risk.

In cases where you provide your information to an external website, it's crucial to recognize that the handling and protection of this information are subject to the external website's respective privacy policy and terms of service. Clearport explicitly disclaims responsibility for any request for payment made by any third party on external websites. Users should exercise caution and discretion when dealing with financial transactions on these external platforms. By using the Clearport Website, you agree that when you are visiting an external website through Clearport's platform, Clearport is not responsible or liable for any events, actions, or consequences that may result from visiting an external website.

Content Usage & Intellectual Property

Clearport values intellectual property rights and expects users to adhere to these guidelines. By using the Clearport Website, you acknowledge and agree to respect the intellectual property rights of others, abide by these Terms, and understand your responsibilities regarding content usage and intellectual property.

User-Uploaded Content

Users retain ownership of the content they create and submit on the Clearport Website, including but not limited to resumes, profiles, and any other user-generated materials.

Clearport claims no ownership rights over user-generated or user-uploaded content. Although users retain ownership of their content, by uploading it on the Clearport Website, users grant Clearport a worldwide, non-exclusive, royalty-free, and transferable license to use, reproduce, modify, adapt, distribute, and display the content for the purpose of providing Clearport's services.

Respect for Intellectual Property

Users are required to respect copyright and intellectual property rights. You must only upload content that you have the legal right to use and distribute. Users are strictly prohibited from uploading, posting, or sharing content that infringes upon copyrights or intellectual property rights. Unauthorized use of copyrighted material is prohibited. You are solely responsible for ensuring that the content you upload does not infringe upon the intellectual property rights, or any rights of others. Clearport holds no responsibility for any copyright violations committed by its users. By uploading content, you warrant that you have the necessary legal rights to do so.

Rights of Clearport USA

Clearport USA retains all rights to the content which constitutes the composition of the Website. This includes text, the Clearport USA logo, name, trademarks and any code that contributes to or constitutes the Website’s functionality. No user is authorized to copy, replicate, duplicate, sell, trade, or resell any part of the Site without prior written permission from Clearport. Violation of the intellectual property rights of Clearport, its directors, officers, agents, employees, subsidiaries, contractors or affiliates may result in legal action from the appropriate party.

Reporting Violations

If you suspect that intellectual property rights are being violated, you agree to report violations directly to us through the contact information given above.

User Conduct

As a user of our Website and/or services, you agree to use Clearport USA’s Website legally and not to:

  • Harass or mistreat the Site’s users or Clearport staff
  • Violate the intellectual property rights of Clearport USA or its affiliates
  • Violate the intellectual property rights of any third party to Clearport USA
  • Hack into, or breach the security of any accounts on the Site
  • Use the Website for anything other than the intended purposes
  • Violate the rights of any users of our Site, or any Clearport staff or its affiliates
  • Commit any act of fraud
  • Share or post any material which may be considered offensive, hateful, or inappropriate
  • Post or share spam
  • Advertise without express written permission from Clearport
  • Spread libelous, defamatory, or slanderous information
  • Imitate or impersonate any other person or business, or create any such false accounts
  • Represent any person without their consent

Consequences of Violation

If Clearport finds that you are using our Website in a manner which violates these User Conduct Terms of Service, we reserve the right terminate or suspend your accounts and/or access to our Website and/or services without notice or given reason. Clearport USA also reserves the right to take any necessary legal action to prevent you from accessing our Website and/or services. Violation of this User Conduct section of these Terms may also result in other, appropriate legal action.

Reporting Violations

If you find that any user is violating these Terms, please contact us via the contact information given above.

Termination & Account Suspension

Clearport USA reserves the right to terminate or suspend your access to our Website and/or services, and/or take legal action, at our discretion, without prior notice, if we believe you have violated any section of these Terms or have engaged in fraudulent or illegal activities. Clearport reserves the right to terminate or suspend your account without notice or reason given.

If you believe your account or services were wrongfully terminated or suspended, you may appeal the decision by contacting us at the contact information given above. Although we will typically respond in a reasonable timeframe, the length of time that this appeal process takes is dependent on the nature of the violation. Please note that our decision following the appeal process will be final. For information on our dispute resolution process, please see the “Dispute Resolution and Arbitration” section below.

Clearport retains the right to remove any user-uploaded content or user account if we feel it is in our interest. Please review our privacy policy for information concerning the way we manage account information following the termination of our relationship with you.

Dispute Resolution & Arbitration

Informal Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or relating to your use of our services or these Terms, we strongly encourage you to first contact us to seek an informal resolution. We are committed to resolving disputes swiftly and amicably.

Mediation & Arbitration

If an informal resolution is not possible or does not lead to a satisfactory outcome, either party may initiate mediation. Mediation is a voluntary process where a neutral third party helps facilitate communication and negotiation to reach a resolution. Mediation proceedings shall be conducted in accordance with the rules of the chosen mediation service or institution.

If mediation does not result in a resolution, any disputes, controversies, or claims shall be submitted to binding arbitration. Arbitration is a more formal process where an independent arbitrator or panel of arbitrators reviews the evidence and arguments presented by both parties and issues a binding decision. The arbitration proceedings shall be conducted in accordance with the rules of the chosen arbitration service or institution.

In the case of mediation or arbitration, the process shall take place in the jurisdiction of Texas, U.S.A.

Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Texas, U.S.A. Any dispute not subject to arbitration shall be brought exclusively in the courts located in Texas, U.S.A. By using our Website and/or services, you consent to personal jurisdiction in Texas, U.S.A.

Class Action

By using our Website and/or services, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, collective, or representative action. If for any reason a dispute proceeds in court rather than in arbitration, you waive any right to a jury trial.

Costs

Each party shall bear its own costs related to the dispute resolution process. However, the prevailing party may be entitled to recover its attorney's fees and other costs.

Time Limit

You agree that any claim or dispute you may have against Clearport USA must be initiated within one (1) year after the claim or cause of action arises, or it shall be deemed waived.

Final Decision

The decision of the arbitrator or arbitration panel, as applicable, shall be final and binding upon both parties. Any court with jurisdiction may enforce the arbitrator's award.

Liability, Warranties, & Disclaimers

Limitation of Liability

Clearport USA, its affiliates, directors, officers, agents, employees, subsidiaries, contractors, and licensors shall not be held liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if Clearport USA has been advised of the possibility of such damages resulting from your use of the Clearport Website or services.

Disclaimer of Warranties

You expressly understand and agree that your use of the Clearport Website and/or services is at your sole risk. The Clearport Website and/or services are provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Assumption of Risk

By using the Clearport Website, you acknowledge and accept the risks associated with online interactions, external website links, and content downloads. Clearport USA shall not be responsible for any consequences resulting from such interactions or downloads.

Indemnification

You agree to indemnify and hold harmless Clearport USA, its affiliates, directors, officers, agents, employees, subsidiaries, contractors, and licensors from any claims, liabilities, personal injury or death, losses, costs, or expenses, including reasonable attorney's fees, arising out of or related to your use of the Clearport Website, your violation of these Terms, or your violation of any rights of another.

Force Majeure

Clearport USA shall not be liable for any failure or delay in performance due to circumstances beyond its control, including but not limited to, natural disasters, acts of war, and any nation or country’s government actions.

Legal Compliance

You agree to use the Clearport Website in compliance with all applicable laws and regulations. Clearport USA is not responsible for any legal consequences resulting from your use of the Website and/or services.

Service Availability

To the fullest extent permitted by law, Clearport USA, its directors, officers, agents, employees, subsidiaries, contractors and affiliates will not be liable for any actions, claims, liabilities, personal injury or death, damages, losses (including intangible losses), and expenses including legal fees which result from the sudden unavailability of the Site.

Termination of Service

Clearport USA reserves the right to terminate or suspend your access to our Website and/or services at its discretion. For details, please refer to the "Termination and Account Suspension" section of these Terms.

Severability

If any part of these Terms is found unenforceable, inconsistent, or invalid under applicable laws, those sections will be removed and void. The remainder of the Terms of Service agreement remains in full force and effect.

Superseding

These Terms, including all incorporated policies and agreements, constitute the entire agreement between you and Clearport USA regarding your use of the Clearport Website. However, it is important to note that certain specific agreements or contracts entered into separately may supersede or modify particular sections of these Terms. In such cases, the terms of the specific agreement or contract will prevail only if made explicit, and only to the extent of any conflict or inconsistency with these Terms.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Texas, U.S.A.. Any disputes not subject to arbitration shall be brought exclusively in the courts located in Texas, U.S.A.

Dispute Resolution

Please refer to the "Dispute Resolution and Arbitration" section of these Terms for information regarding dispute resolution procedures.

Changes to the TOS

Right to modify

Clearport USA reserves the right to modify, amend, or update these Terms of Service at its discretion. Any changes to these Terms will be posted on our Website and will be effective as of the date specified in the notice. These changes are made to ensure legal compliance, improve our services, and for other legitimate purposes. If you do not agree with the updated Terms, you have the option to discontinue using our services. We invite you to contact us at the above given contact information if you have any questions or feedback regarding these changes.

Notice of Changes

We will make reasonable efforts to notify users of any material changes to these Terms, which may include notifications on our Website or via email. It is your responsibility to periodically review these Terms for updates. Your continued use of our Website and/or services constitutes your acceptance of the revised Terms.

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