PRIVACY POLICY & TERMS AND CONDITIONS

Purpose

The purpose of this Privacy Policy (“Privacy Policy” or “Privacy Notice”) is to summarize the ways in which Clear Link Technologies, LLC, our affiliates, and all of our brand names and branded services (collectively “Clearlink”, “we”, “our”, “us”), collects, maintains, and uses the personal information of users of this website (“Site”), who contact our customer service representatives, fill out online order forms or information request sheets, download and use browser extensions or applications created by us, and provide information to our sales agents (“user”, “you”, “your”). Please feel free to contact us by email at [email protected] or by mail at Clear Link Technologies, LLC Privacy Department, 42 Future Way, Draper, UT 84020 with any questions or concerns about this Privacy Notice or the information we gather about you.

How We Collect Your Information

We gather information about you when you interact with our services, including when you use our websites, contact our customer service representatives, fill out online order forms or information request sheets, download and use browser extensions or applications created by us, and provide your information to our sales agents (collectively, “Customer Information”). We also use cookies and pixel tags to track your usage of our websites. We also use online order forms and information request sheets to obtain information from you that is necessary to process your orders and provide you with requested information. When you call the numbers on our websites and speak with our customer service representatives, we collect information provided during calls to ensure the best quality of service and the correct processing of your orders.

Customer Information we gather about you may contain personally identifiable information. For an explanation of how we use Customer Information, including personally identifiable information, please see the section below titled “How We Use Customer Information.”

Information We Collect

Below is a list of the types of Customer Information that we may collect as you interact with our services:

Customer Contact Information. Your Customer Contact Information is any information needed to contact you and fulfill your orders and requests such as your name, address, phone number, fax number, and email address.
Private Customer Information. Private Customer Information is that information that may be necessary to check credit and process payments. Such information includes your Social Security Number, credit card information, and banking and wiring information.
Customer Order Information. Customer Order Information is that information necessary to complete your orders and requests for information. Such information may include your Customer Contact Information, programming and packaging selections, your billing and shipping information, as well as other details pertaining to your order of products and services through us.
Demographic Information. Demographic Information is publicly available information that we may learn about you regarding such things as your age, income, home ownership, household size, etc. that helps us to provide you with better offers for products and services.
Website Usage Information. Website Usage Information is information that we collect, via anonymous third-party cookies, that tells us about the way you use and navigate through our websites.

Proprietary Analytics. This Site uses proprietary analytics systems to help improve usability and the customer experience. We may record mouse clicks, mouse movements, scrolling activity, user agent, Internet protocol (IP) address used to connect your computer to the Internet, your login information if applicable, browser type and version, browser plug-in types and versions, browser extensions installed, browser features enabled, operating system and platform, information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from the Site (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as mouse clicks, mouse movements, scrolling activity), methods used to browse away from the page, and other non-personally identifiable behavioral and non-behavioral information. You can choose to disable these features by electing to use the private browser setting and/or disabling javascript. Note, that doing so will disable other features that this Site may employ.

Apps, Browser Extensions and Other Platforms

Our Site contains links to other sites, applications, platforms, and services that may be operated in part by third parties whose privacy policies we don’t control and may differ significantly from this one. For instance, information used or collected in a browser extension we created may be collected, used, and shared in the regular operation of the browser service itself in ways that we would not. Clearlink is not responsible for the content or privacy practices of any third-party services. We recommend that you read and familiarize yourself with the privacy policies of any site or service you access.

To the extent a browser extension or app we create collects and uses Customer Information and any other information, it is collected and used solely to the extent necessary to operate the extension or app. We likewise do not sell any Customer Information collected. The use of any Customer Information collected in a browser extension or app is detailed in “Use and sharing of Customer Information” below.

If you desire to limit the data collection capability or the level of access to information by any browser extension or app operated by us, you may uninstall and remove the app from your device or uninstall and remove the extension from your browser. If you wish to generally opt-out of data collection or data processing by us, you may submit a data subject access request by following the procedure outlined below in “Opt-out and Data Subject Access Request Procedures.”

Children Under the Age of 16

Our services are not intended for children under 16 years of age, and we do not knowingly collect personal information from children under 16. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at by submitting an email request to [email protected], by writing to Clear Link Technologies, LLC, Privacy Department, 42 Future Way, Draper, UT 84020, or calling us at (877) 698-0218. We do not sell personal information of consumers, including consumers we know are younger than 16 years old or that we are prohibited from selling under applicable law.

California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your California Privacy Rights for more information.

Security Measures

We have implemented a variety of encryption and security technologies and procedures to protect information stored in our computer systems from unauthorized access. We also maintain procedural safeguards that restrict access to Your Customer Information to employees (or people working on our behalf and under confidentiality agreements) who need to know Your Customer Information to provide the products and services that You request.

Additional PCI Requirement as a Service Provider.

We acknowledge to our customers that we are responsible for the security of cardholder data we possess or otherwise store, process, or transmit on behalf of the customer, or to the extent that we could impact the security of the customer’s cardholder data environment.
How We Use Customer Information

We use your Customer Information to process your orders and requests and to provide you with the products and services you desire. In addition, we use information that we collect about you or that you provide to us, including any Customer Information:

To present our services and to otherwise carry out, evaluate, market, analyze, personalize, and improve our services, which may include storing your information and providing access and sharing of your information with our agents, vendors, suppliers, affiliates, third-party service providers, advertisers and other third parties.
To operate any applications or browser extensions we create, to maintain records of your use of these applications or browser extensions, and to analyze and evaluate these applications or browser extensions to determine if we should develop and/or release additional applications or extensions.
To contact you via email, SMS, and telephone calls about the Services, your account, events, services, or products that we think might be relevant or of interest to you.
For any other purpose stated in this Privacy Notice.

How We Share Customer Information

We may share your Customer Information with third parties to complete your purchases of products and services. The extent to which we use and share your Customer Information depends upon the nature of and purpose for which we use and share it. A summary of how we share your Customer Information with third parties is detailed in the list below. By using our services, you agree that we may transfer your Customer Information to third parties in order to fulfill the purposes for which you have provided your Customer Information.

With Third-Party Product and Service Providers. We share your Customer Information, as needed, to the third parties who provide the products and services you request. This includes sharing information we collect with third parties who provide services which are necessary to support the operation of any applications or browser extensions we operate. We also frequently act as a third-party marketer and seller of various brand name products and services, and we provide these companies with the information necessary to carry out your orders. How these companies use your Customer Information, once we have passed it on to them, is governed by their respective privacy policies and procedures.
With Third-Party Advertisers. We do not sell or share your Private Customer Information with any third parties, except with the Third-Party Product and Service Providers described above. The ways in which such parties may subsequently use your Customer Information are governed by their own privacy policies and procedures.
To Prevent Fraud and Scams. We may share your Customer Information with third parties for the purpose of preventing fraud and scams.
With Third-Party Cookies. We allow third parties to collect anonymous information when you visit our website and to use that information to serve ads for our products or services when you visit other websites. These third parties may use anonymous information (e.g., navigational, non-personally identifiable information, click stream information, browser type, time and date, subject of advertisements clicked or scrolled over, etc.) during your visits to our website to provide advertisements about our goods and services likely to be of interest to you. These parties may use a cookie or a third-party web beacon, or other technologies, to collect this information.
For Legal and Other Purposes. We may share your Customer Information in order to:
comply with any subpoena, court order, or legal process, including to respond to any lawful government or regulatory request.
1. enforce or apply our Terms of Service.
2. necessarily protect our rights and property or to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual illegal activity.

New Ownership. We may share your Customer Information with a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all our assets.

Opt-out and Data Subject Access Request Procedures

You may opt out of the following communications from us and request access to or deletion of your data through the following methods:

Email Promotions. To opt out from receiving further email communications from us regarding other offers and promotions, you may email us at [email protected] or write to Clear Link Technologies, LLC, Privacy Department, 42 Future Way, Draper, UT 84020. If you opt out of receiving email communications, we will still be permitted to send you transactional messages. Opting out of email communications does not constitute an opt out from any other means of communications.
Data Subject Access Request. A data subject access request is the means we make available to you to exercise your data privacy rights. This includes a right to be informed of data we store about you, your right to access such data, your right to request a portable copy of such data, and your right to delete such data. To submit a data subject access request, you may call toll-free (877) 698-0218, email us at [email protected], or write to Clear Link Technologies, LLC, Privacy Department, 42 Future Way, Draper, UT 84020. In each of the above-mentioned contact methods, to protect the privacy of you and others we will request verification of your identity. If you wish, you may authorize an agent to submit a request on your behalf. If we receive a request on your behalf, we will ask them to provide proof of your permission for them to act in your stead. To designate an authorized agent, you must provide the authorized agent with signed permission to make the request on your behalf. If your authorized agent is a business entity, then the authorized agent must be registered with the California Secretary of State to conduct business in California. We may deny a request from an authorized agent if the agent cannot provide us with signed permission from you demonstrating that the agent has been authorized by you to act on your behalf. Further, before responding to a request from an authorized agent, we will still require the authorized agent provide us with enough information so that we can verify your identity. If the authorized agent is unable to provide information sufficient to verify your identity, we may decline to process the request or we may contact you to self-verify the request and your identity. Additionally, we may contact you further to request information that will enable us to fulfill your request. In the event an overriding lawful basis for processing your personal data may exist, or certain exemptions may apply, we may refuse your request. If we refuse Your request, we will explain the reasons why.

Your California Privacy Rights

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Please note that we will not discriminate against you for exercising your rights under the CCPA. However, as noted below under “Right to Opt-Out” if you exercise your right to opt out, some of our services may not function for you, as the sharing of personal information may be critical to operation.

To exercise your right to know or your right to delete, please follow the instructions listed above in “Opt-out and Data Subject Access Request Procedures.”

Right to Know

California residents have the right to request that we disclose certain information to you about our collection, use, disclosure, and sale of your personal information (the “right to know”). Once we receive your request and verify your identity, we will disclose to you:

The categories of personal information we collected about you.
The categories of sources for the personal information we collected about you.
The business or commercial purpose for collecting or selling that personal information.
The categories of third parties with whom we share that personal information.
If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
1. sales, identifying the personal information categories that each category of recipient purchased; and
2. disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

You have a right to obtain a copy of the specific pieces of personal information we collected about you (also called a data portability request). Once we receive your request and verify your identity, we will provide you a copy of your personal information that is responsive to your request.

TERM AND CONDITIONS

1. Purpose

These Terms and Conditions (the “Terms and Conditions” or “Terms”), together with our Privacy Policy, state the terms under which You (“You”, “you”, “your”, “user”) may use this website (the “Site”) and by which Clear Link Technologies, LLC, our affiliates, and all of our brand names and branded services (collectively “Clearlink”, “we”, “our”, “us”) provide our services (“Services” or “services”) to You (collectively, the “Agreement”). Please read this page carefully. By using this Site, our Services, and consenting, where required by law, to receive mobile marketing texts and calls, You agree to be bound by all the Terms set forth herein. If You do not accept these Terms and Conditions, please do not use this Site or the Services.

2. Copyright

The contents of this Site, such as text, graphics, images, and other content (the “Site Material”) are protected by copyright under United States law. These Terms and Conditions do not grant You any license whatsoever to the Site Material. We authorize You to view and download a single copy of the Site Material for Your non-commercial personal use. Unauthorized use of the Site Material violates copyright and other laws. You agree to retain all copyright and other proprietary notices contained in the original Site Material on any copy of such material. Except as expressly provided herein, You may not sell or modify our Site Material or reproduce, display, distribute, or otherwise use the Site Material in any way for any public or commercial purpose. Use of the Site Material on any other site or in a networked environment is prohibited. We retain all intellectual property rights in the Site Material.

3. Trademark

The names, marks and logos appearing on the Site are, unless otherwise noted, trademarks owned by or licensed to Clearlink. Your use of these marks, except as provided in these Terms and Conditions, is strictly prohibited. From time to time, We make fair use in this Site of trademarks owned and used by third parties. We make no claim to ownership of those marks.

4. User Submissions

We welcome Your reviews and comments. However, You acknowledge that if You send Us any reviews, comments, suggestions, ideas, notes, concepts or other information, (collectively, the “Information”), You grant Us the irrevocable, perpetual right to use, alter, publish or delete the Information for any purpose whatsoever without compensation to You or the provider of the Information. Notwithstanding, We disclaim all liability for reviews and comments posted by users on the Site. As a user of this Site, You are responsible for Your own communications. Therefore, do not do any of the following things:

transmit to Us material that is copyrighted, unless You are the copyright owner or have the permission of the copyright owner;
send material that reveals trade secrets, unless You own them or have the permission of the owner;
send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
send material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity;
intentionally or unintentionally violate or encourage conduct that would violate any local, state, or federal law;
attempt to breach the security of the Site;
send advertisements or solicitations of business;
send chain letters or pyramid schemes; or
impersonate another person.

We reserve the right to expel You and to prevent You further access to this Site for violating these Terms and Conditions terms or the law. The violation of any of these Terms and Conditions shall result in the immediate revocation of Your right to access or use the Site or Site Material and obligates You to immediately destroy any copies of the Site Material in Your possession. The customer reviews You see on this Site are the result of direct feedback from former or current home services customers. We do not pay customers for reviews. If they participate, reviewers may have the opportunity to enter various contests to be randomly selected as a winner. We do not reward reviewers based on whether their written analysis is positive or negative. Rather, We publish full and complete reviews from individuals without alteration except to remove personally identifying information. We may elect not to publish reviews that contain inappropriate or irrelevant content. We are not responsible for any of the reviews or comments posted on this Site. We do not share the opinions, views, or commentary of any testimonials on this Site, which are strictly the views of the reviewer.

5. Product and Service Rankings

The Site offers a forum, which includes a product and service ranking (“Rankings”), where You may access recommendations of products and services by the Site. The information in our Rankings is provided strictly as a source of information for You and is provided merely as a convenience. It represents our opinion and analysis based on subjective/ objective criteria. It is recommended that You do Your own research and investigation before engaging services with any company regardless of their listing. You agree to not hold Clearlink, its members, managers, officers, directors, employees, or affiliates (collectively “Partners”) liable for any statements, representations, errors or omissions, descriptions, comments, or opinions posted on the Site. By developing and posting such Rankings, We make no representation or warranties as to the accuracy or factual basis of the Rankings. In compliance with federal law, all price quotes displayed on the Rankings are updated on at least a weekly basis. However, our evaluation process is a continued development; We may experiment with new processes for our evaluations and add or remove specific elements at any time. Clearlink is a private company and is not affiliated with any government or non-profit organizations. We receive compensation from several of the companies which it ranks. Advice, graphics, information, and images contained on this Site are presented for general educational and informational purposes. They are not intended to be legal or other expert advice, recommendations, or services. The information contained on this Site should not be considered exhaustive and should not be used in place of consultation with qualified professionals to meet Your individual needs. You assume the entire risk as to the accuracy, adequacy, completeness, currency, validity and quality of any information provided on this Site. While the information and recommendations contained on this Site have been compiled from sources believed to be reliable, Clearlink makes no guarantee as to, and assumes no responsibility for, the correctness, sufficiency, or completeness of any such information or recommendations. We have no control over and do not warrant in any way that prices, taxes, products or descriptions provided by sellers, service providers, or other third parties, or any other content on this Site is accurate, complete, reliable, current, or error-free. We do not have any responsibility for, or liability related to, any products and services listed on this Site. You should direct any questions, complaints or claims related to any product or service to the appropriate seller or provider. We are not responsible or liable for any decisions or actions You take or authorize third parties to take on Your behalf based on information You receive as a user of the Site. Any information on the Site can change without notice.

6. Limitation of Liability

CLEARLINK DOES NOT WARRANT THAT THE SITE, THE SITE MATERIAL, OR THE SERVICES WILL OPERATE ERROR-FREE OR ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL. IF YOUR USE OF THE SITE, THE SITE MATERIAL, OR THE SERVICES RESULTS IN ANY COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, CLEARLINK SHALL NOT BE RESPONSIBLE FOR THOSE COSTS OR EXPENSES. THIS SITE, THE SITE MATERIAL, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AT YOUR OWN RISK” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. CLEARLINK, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS. WE STRIVE TO PROVIDE THOROUGH AND ACCURATE MATERIALS ON ITS SITE. WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

7. Disclaimer of Consequential Damages

IN NO EVENT SHALL CLEARLINK, ITS AFFILIATES, OR ANY THIRD PARTIES MENTIONED ON THE SITE OR THE SERVICES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE MATERIAL, ADVICE, GUIDANCE, OR SERVICES ON THIS SITE (OR SITES LINKED TO THIS SITE) AND THE SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. Links

This Site and the Services contain links to sites owned by third parties. These links are provided solely as a convenience to You and are not an endorsement by this Site of the contents on those other sites. We are not responsible for the content of any linked sites and makes no representations regarding the content or accuracy of materials on such sites. If You decide to visit any third-party sites using links from this Site or the Services. You do so at Your own risk. We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for Us to earn fees by linking to Amazon.com and affiliated sites.

9. Indemnity

By using this Site or the Services You agree to defend, indemnify, and hold harmless Clearlink and its Partners from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that We may become obligated to pay arising or resulting from Your use of the site, the Site Material, and the Services, or Your breach of these Terms and Conditions. We reserve the right to assume or participate, at Your expense, in the investigation, settlement and defense of any such action or claim.

10. SEVERABILITY

ANY PROVISION OF THIS AGREEMENT THAT IS PROHIBITED OR UNENFORCEABLE IN ANY JURISDICTION SHALL, AS TO SUCH JURISDICTION, BE INEFFECTIVE TO THE EXTENT OF SUCH PROHIBITION OR UNENFORCEABILITY WITHOUT INVALIDATING THE REMAINING PROVISIONS HEREOF, AND ANY SUCH PROHIBITION OR UNENFORCEABILITY IN ANY JURISDICTION SHALL NOT INVALIDATE OR RENDER UNENFORCEABLE SUCH PROVISION IN ANY OTHER JURISDICTION.

11. TELEMARKETING AND EMAIL CONSENT

BY USING THIS SITE OR THE SERVICES OR PROVIDING YOUR CONTACT EMAIL OR TELEPHONE NUMBER TO US, YOU AND ANY OTHER SUBSCRIBER OR USER OF THESE PHONE NUMBER(S) AND EMAIL(S) PROVIDE YOUR PRIOR CONSENT TO RECEIVE MARKETING EMAILS, PHONE CALLS, AND/OR SMS MESSAGES VIA AUTOMATED TECHNOLOGY, AND/OR PRE-RECORDED AND ARTIFICIAL VOICE MESSAGES FROM CLEARLINK, ITS AFFILIATES, AND ITS BRAND NAMES AND BRANDED SERVICES AT THE NUMBER(S) AND EMAIL ADDRESSES PROVIDED. YOUR CONSENT IS NOT REQUIRED AS A CONDITION OF PURCHASE. YOU ALSO AGREE TO THESE TERMS AND CONDITIONS AND THE SITES PRIVACY POLICY.

12. GOVERNING LAW AND JURISDICTION

These Terms and Conditions, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), are governed by the substantive laws of the State of Utah, without respect to its conflict of laws principles. The exclusive venue for any dispute in connection with this Agreement shall be the state or federal courts located in Salt Lake City, Utah. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term.

13. ENTIRE AGREEMENT

Except as expressly provided elsewhere in our Site, these Terms and Conditions constitute the entire agreement between You and Us with respect to Your use of this Site. These Terms and Conditions supersede any other agreement You may have with Us regarding this subject matter

14. CHANGE TO THE TERMS AND CONDITIONS

We reserve the right, in our sole discretion, to modify these Terms and Conditions, including but not limited to our Mobile Marketing Terms, at any time with or without further notice. To the fullest extent permitted under applicable law, your continued use of the Site or the Service, or by not revoking your consent to receive marketing text or calls, after modification constitutes your acceptance of these Terms as modified. We will provide notice to you if these changes are material only if required by applicable law. Notice may be by email to you at the last email address you provided us, by posting notice of such changes on our websites, or by other means, consistent with applicable law.

15. BINDING ARBITRATION, CLASS ACTION WAIVER

IMPORTANT! TO THE FULLEST EXTENT PERMITTED BY LAW, THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.

This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award are final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.

This agreement to arbitrate does not allow for class arbitrations even if the procedures or rules of the AAA would. Rather, you and we are only entitled to pursue arbitration on an individual, bilateral basis. Further, and unless you and we agree otherwise in writing, the arbitrator(s) may not consolidate more than one individual party’s claims with any other party’s claim and may not otherwise preside over any form of a representative or collective proceeding.

You and we are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. Clearlink, however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the AAA’s Rules regarding costs and payment apply. This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

Notwithstanding Section 10 (Severability) if any term of this section 15 is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.

16. MOBILE MARKETING TERMS

ANY DISPUTE ARISING UNDER THESE MOBILE MARKETING TERMS ARE SUBJECT TO THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 15 ABOVE.

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