Last updated January 2023

This website (the “Site”) is provided by Clutch It, Inc. (“Clutch,” “we,” “our,” or “us”) to the person accessing the Site (“you,” or “your”). 

1. You Agree to These Terms by Using the Site
   Your access to, and use of, the Site is subject to the following Terms of Use and all applicable laws and regulations.  By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use.  CLUTCH may, at any time and without notice, modify these Terms of Use by revising them on the Site.  Your continued use of the Site constitutes your acceptance of any such revisions.  You should therefore periodically visit this page to review the current Terms of Use.  You may not modify these Terms of Use except in a writing signed by CLUTCH.  Your use of the Site is also subject to our Privacy Policy, which is incorporated herein.

If you do not agree and accept, without limitation or qualification, these Terms of Use and the Privacy Policy, you must exit the site immediately.

2. Permitted Use of the Site
   The information and materials on the Site are provided for general informational purposes. You may use the site solely for the purpose of learning about CLUTCH and its services or products.  You may not use, reproduce or distribute the text, graphics, downloads, tools or any other content on the Site for any other purpose.  

You are responsible for your use of the Site. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Site, you may not:

• violate any law or regulation;
• violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
• post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
• send unsolicited or unauthorized advertising or commercial communications, such as spam;
• engage in spidering or harvesting, or participate in the use of software, including spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software designed to collect data from the Site;
• transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
• stalk, harass, or harm another individual;
• impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
• use our Site in any way or take any action that causes, or may cause, damage to the Site or impairment of the performance, availability or accessibility of the Site;
• use any means to scrape or crawl any web pages contained in the Site;
• attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site;
• attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site; or
• advocate, encourage, or assist any third party in doing any of the foregoing.

If you engage in the above-mentioned prohibited conduct or otherwise breach these Terms of Service, CLUTCH may, at its sole discretion, send you one or more formal warnings, temporarily suspend your access to the Site, block your access to the Site, permanently prohibit you from accessing the Site, and/or commence legal action against you.

3. Site Content; Securities

The information on this Site is not intended as an offer or solicitation for the purchase of any stock, any other security or any financial instrument (collectively, “Securities”) or to provide any investment service or investment advice in any jurisdiction.  All such offers may be made only to privately solicited investors who have been pre-qualified as to both investment suitability and net worth, including, without limitation, qualifying as accredited investors within the meaning of the Securities Act of 1933, as amended, after delivery of required disclosure documents and offering memoranda, and only in such jurisdictions in which such an offer would be lawful.

Please seek the advice of professionals as necessary regarding the evaluation of any content on this Site.  The content on this Site is not intended to be, and you should not consider anything on the Site to be, investment, accounting, tax or legal advice. You are encouraged to discuss information that you learn from the Site with your financial, legal or tax advisors and others with whom you share investment decisions.

4. Disclaimer - Warranty
   THE SITE, ITS CONTENT AND MATERIALS ARE PROVIDED “AS IS.”   TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CLUTCH HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

CLUTCH does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that the Site or the server that makes the Site available are free of viruses or other harmful components. CLUTCH does not make any warranties or representations regarding the use of the materials in the Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

5. User Submitted Content
   The Site may, from time to time offer interactive features that allow users to submit content to the Site.  CLUTCH does not and cannot review all such content, and is not responsible for such content. 

You acknowledge that by providing the ability to view and distribute your user-generated content on the Site, CLUTCH is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. However, CLUTCH reserves the right to block or remove communications or materials that it determines to be unacceptable to CLUTCH in its sole discretion.

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a CLUTCH employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. 

6. Notice; Electronic Communications
   When you visit the site or send e-mails to CLUTCH, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
7. Typographical Errors
   The Site may contain typographical errors.  CLUTCH reserves the right to update the Site at any time to correct any such errors. 
   
   8. Indemnification
   You agree to indemnify, defend, and hold harmless CLUTCH, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use or any negligent or wrongful conduct by you or any other person accessing the site using your Internet account.
8. Limitations of Liability
   YOUR USE OF THE SITE IS AT YOUR OWN RISK.  NEITHER CLUTCH, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
9. Third-Party Links
   In an attempt to provide increased value to our visitors, CLUTCH may link to sites operated by third parties. However, even if the third party is affiliated with CLUTCH, CLUTCH has no control over these linked sites, all of which may have separate privacy and data collection practices, independent of CLUTCH.  These linked sites are only for your convenience and therefore you access them at your own risk.  Without limiting the foregoing, CLUTCH specifically disclaims any responsibility if such sites: infringe any third party’s intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.

The disclosure that follows is intended to fully comply with the FTC’s policy that requires we be transparent about any and all affiliate relations we may have on this website.  In plain English, you should assume that any and all links on this site are affiliate links.  If you click on these links and go visit the resulting site, a cookie will be set in your web browser that may cause us to receive a commission if you purchase a product.  This is a legitimate way to monetize and pay for the operation of web sites and we gladly reveal our affiliate relationships to you.  

All products and company names are trademarks or registered trademarks of their respective holders.  Use of them does not imply any affiliation with or endorsement by them.

CLUTCH does not endorse the content, or any products or services available, on such sites.  Nonetheless, CLUTCH seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

11. Trademarks
    The following trademarks are our property: [●]. These marks may not be used without our consent on any product or service, except our own.  
12. Copyright
    Copyright © 2023, CLUTCH IT, INC.  ALL RIGHTS RESERVED.

All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of CLUTCH or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of CLUTCH and protected by United States and international copyright laws. All software used on the Site is the property of CLUTCH or its software suppliers and protected by United States and international copyright laws.  You agree not to change or delete any proprietary notices from materials printed or downloaded from the site.

13. Copyright Complaints
    CLUTCH respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at info@clutch.shop. 
14. Export Control
    Software and other materials downloaded or otherwise made available from the Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders.

CLUTCH does not authorize the downloading or exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export Control Laws.

15. Law and Jurisdiction
    These Terms of Use and your use of the Site are governed by the laws of the State of Delaware, without regard to its choice of law provisions. The courts of general jurisdiction located within the State of Delaware, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact.
16. Assignment
    CLUTCH may assign its rights and duties under these Terms of Use to any party at any time without notice to you.
17. Questions and feedback
    We welcome your questions, comments, and concerns about the Site. Please send us any and all feedback pertaining to the Site to info@clutch.shop. 

Mobile Terms of Service

Last updated: March 15, 2023

The Clutch mobile message service (the "Service") is operated by Clutch (“Clutch”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Clutch’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Clutch through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Clutch. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18776644974 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Clutch mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18776644974 or email info@clutch.shop.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.