Clear Gains Privacy Policy and Terms & Conditions

Nothing is more important to us than protecting the private information of our visitors. Clear Gains is committed to safeguarding any personal information you submit on this site, including your name, address, email, phone number, or other information that is not otherwise publicly available. To demonstrate this commitment, we have outlined the policies that govern our information gathering and sharing practices below.

Clear Gains contains many links to other websites, operated by other government agencies, nonprofit organizations and private businesses. When you link to another site, you are no longer on Clear Gains and these policies will not apply. When you link to another website, you are subject to the privacy policy, terms and conditions of that new site.

A. Gathering and Use of Information

  1. This site is solely intended for users age 13 and older. Parental permission should be obtained prior to making any submissions of personal information to this site.
  2. We will not collect personally identifiable information from you, other than what you supply to us on a voluntary basis.
  3. In order to participate in some activities, you might be asked to provide some personally identifiable information. This could be in connection with the following:
    • requests for information
    • subscription registration for sites or services which require subscription
    • content submissions, community postings, or comments and suggestions
  4. Clear Gains will not willfully disclose your personal information to any third party without first receiving your permission.
  5. We may use your personally identifiable information for activities explained above, or for internal and marketing promotional purposes.
  6. The collection of personal information requested from or volunteered by children online or by email will be treated the same as information given by an adult and may be subject to public access.

B. Tracking and Use of Cookies

As you explore Clear Gains, it is possible that several cookies will be set on your computer. We use the information from cookies to deliver relevant resources and improve our visitors' experiences on the site.

No personal information is ever stored in a Clear Gains cookie, even if you have entered your name or e-mail address on other parts of the site. We do not sell information collected by cookies nor use the information for commerce-related purposes.

C. Public Disclosure

In the State of Wisconsin, laws exist to ensure that government is open and that the public has a right to access appropriate records and information possessed by state government. At the same time, there are exceptions to the public's right to access public records that serve various needs: the privacy of individuals is included among these exceptions. Exceptions are provided by both state and federal laws.

We strive to protect personally identifiable information by collecting only information necessary to deliver our services. All information collected at this site becomes public record that may be subject to inspection by the public, unless an exemption in law exists.

In the event of a conflict between this Privacy Policy and the Wisconsin Open Records Law or other law governing the disclosure of records, the Wisconsin Open Records Law or other applicable law will control.

D. Security

Clear Gains has taken several steps to safeguard the integrity of its telecommunications and computing infrastructure, including but not limited to authentication, monitoring, auditing, and encryption. Security measures have been integrated into the design, implementation and day-to-day practices of the entire operating environment as part of its continuing commitment to risk management.

This information should not be construed in any way as giving business, legal, or other advice. This information should not be construed as warranting as fail-proof the security of information provided through Clear Gains.

Terms and Conditions

These terms apply to all Clear Gains visitors, including users who contribute audio or video content, imagery, information, and other materials to the site.

By using and/or visiting Clear Gains, you signify your agreement to (1) the following terms and conditions, and (2) Clear Gains 's privacy notice, incorporated here by reference. If you do not agree to any of these terms, please do not use this site.

A. Site Content

  1. The content on Clear Gains, except all user submissions, is owned by or licensed to Clear Gains. Such content is subject to right and other intellectual property rights under the law.
  2. Content on Clear Gains is provided to you as is for your information and personal use only, and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Clear Gains reserves all rights not expressly granted in and to the Website and the Content.
  3. While exploring Clear Gains, you may be exposed to information from a variety of sources, including user submissions. Clear Gains is not responsible for the accuracy, usefulness, safety, or intellectual property rights relating to such user submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Clear Gains with respect thereto, and agree to indemnify and hold Clear Gains, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
  4. Clear Gains may contain links to third party websites. We assume no responsibility for the content, privacy policies or practices of any third party websites. By using the site, you expressly relieve Clear Gains from any and all liability arising from your use of any third-party website.

B. User Submissions and Conduct

The following terms and conditions apply to all audio, video or content textual content you may submit to Clear Gains:

  1. This site is solely intended for users age 13 and older. Parental permission should be obtained prior to making any submissions of personal information to this site.
  2. Clear Gains does not endorse any user submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with user submissions.
  3. While using and/or visiting Clear Gains, you are obligated to abide by all applicable federal, state or local laws, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, intellectual property and right or trademark infringement.
  4. You shall be solely responsible for your own user submissions and the consequences of posting or publishing them. Clear Gains has no obligation to, and does not in the normal course, monitor or control any information that is or becomes available on this site. We do reserve the right to review any Information that is or becomes available on Clear Gains, and we reserve the right to refuse to post or to edit or remove, in whole or in part, any information that is, in our sole discretion, unacceptable, undesirable or in violation of these rules without prior notice.
  5. Clear Gains does not permit right infringing activities and infringement of intellectual property rights on its site, and will remove all content and user submissions if properly notified that such content or submission infringes on another's intellectual property rights. In connection with user submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Clear Gains to use all patent, trademark, trade secret, right or other proprietary rights in and to any and all user submissions to enable inclusion and use of the user submissions in the manner contemplated by Clear Gains and these Terms and Conditions.
  6. By submitting user submissions to Clear Gains, you hereby grant Clear Gains a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the user submissions in connection with the Clear Gains website and organization, including without limitation for promoting and redistributing part or all of the Clear Gains website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the site a non-exclusive license to access your user submissions through the site, and to use, reproduce, distribute, display and perform such user submissions as permitted through the functionality of the website and under these Terms and Conditions.
  7. You further agree that you will not submit material that is righted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Clear Gains all of the license rights granted herein.

C. Disclaimer of Warranties

Clear Gains IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Clear Gains. DOES NOT WARRANT THAT ANY INFORMATION IS COMPLETE OR ACCURATE, THAT Clear Gains WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION IS FREE OF ROGUE PROGRAMMING.

D. Limitation of Damages

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Clear Gains BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE Clear Gains, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION AVAILABLE ON Clear Gains, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NON-DELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.

E. Release and Indemnity

YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST Clear Gains ARISING FROM OR IN CONNECTION WITH YOUR USE OF Clear Gains. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, Clear Gains FROM AND AGAINST ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF Clear Gains OR FAILURE TO ABIDE BY APPLICABLE LAW.