Terms & Conditions

1. Acceptance of terms

By accessing or using solutionsbyclearpath.com (the "Site"), submitting a form on the Site, entering into a services agreement with SolutionsByClearPath ("ClearPath," "we," "us," "our"), or opting in to receive SMS/MMS messages or voice calls from us, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Site or our services, and do not opt in to our communications programs.

2. Eligibility

You must be at least 18 years old and have the legal authority to enter into these Terms to use the Site or participate in our SMS/voice programs. If you provide a phone number on behalf of a business, you represent that you are authorized to consent to communications on behalf of the user of that number.

3. Description of services

ClearPath provides custom software development, cloud and DevOps engineering, data and AI services, product design, systems integration, and managed support services to business clients, as further described on the Site. Specific service scope, deliverables, timelines, and fees for any engagement are governed by a separate written services agreement (a "Statement of Work" or "Agreement") between ClearPath and the client, which controls over these Terms in the event of a conflict specific to that engagement.

4. SMS & MMS messaging program

4.1 Consent to receive messages

By providing your mobile phone number and affirmatively opting in (for example, by checking a consent checkbox on our Contact form, verbally agreeing during a call, or signing an agreement that includes SMS consent), you consent to receive recurring SMS/MMS text messages from ClearPath at the number provided, including appointment reminders, project or account updates, and marketing messages, sent manually or using automated technology.

4.2 Opting out

You may opt out of SMS/MMS messages at any time by replying STOP, UNSUBSCRIBE, CANCEL, END, or QUIT to any message, verbally requesting removal during a call, or submitting a request via our Contact page. After opting out, you may receive one final confirmation message. Standalone transactional messages necessary to service an active account (e.g., a one-time security or appointment confirmation you separately requested) may not be affected by a marketing opt-out where permitted by law.

4.3 Accuracy of phone numbers

You represent that any phone number you provide is your own or that you are authorized to consent on behalf of its user. You agree to notify us promptly if you stop using or lose access to a number you provided, so we can update our records.

4.4 No guarantee of delivery

We do not guarantee that any SMS/MMS message will be delivered in a timely manner or at all. Delivery is subject to factors outside our control, including carrier networks, device settings, and message filtering.

5. Voice calling program

5.1 Consent to be called

By providing your phone number and opting in, you consent to receive voice calls from ClearPath, including calls made using automated dialing or pre-recorded/artificial voice technology where applicable, for the purposes disclosed at the time of opt-in (such as consultation scheduling, project updates, or service marketing).

5.2 Call recording

Calls may be recorded for quality assurance, training, and compliance purposes. Where required by law, we will disclose that a call may be recorded at the start of the call. Continuing the call after that disclosure constitutes your consent to recording, to the extent required by applicable one-party or two-party consent laws.

5.3 Revoking consent

You may revoke consent to receive calls at any time by informing the caller during a call, or by contacting us through the details in Section 17. We will process revocation requests within a reasonable time, consistent with TCPA requirements.

6. Acceptable use

You agree not to:

• Use the Site or our SMS/voice programs for any unlawful purpose, or in violation of any applicable local, state, national, or international law;
• Impersonate any person or entity, or misrepresent your affiliation with a person or entity;
• Attempt to gain unauthorized access to our systems, networks, or data;
• Interfere with or disrupt the operation of the Site or our communications infrastructure;
• Use automated means (bots, scrapers) to access the Site without our prior written consent;
• Submit false or fraudulent contact information, including phone numbers you are not authorized to provide.

7. Intellectual property

The Site and its content — including text, graphics, logos, the ClearPath name and mark, software, and design elements — are owned by SolutionsByClearPath or our licensors and are protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from our content without prior written permission, except as necessary to view the Site in a standard web browser for personal, non-commercial reference.

8. Fees & payment

Use of the Site and submission of the Contact form are free of charge. Fees for any custom software, cloud, data, design, integration, or support engagement are set out in a separate written Agreement or Statement of Work and are not established by these Terms. Standard message and data rates from your wireless carrier may apply to SMS/MMS messages and voice calls, as disclosed in Sections 4 and 5.

9. Third-party links & services

The Site may contain links to third-party websites or rely on third-party service providers (such as SMS aggregators, cloud hosting, or analytics providers) that are not owned or controlled by ClearPath. We are not responsible for the content, privacy practices, or terms of any third-party site or service. Your use of third-party services is at your own risk and subject to their own terms.

10. Disclaimers

THE SITE AND ANY COMMUNICATIONS PROGRAM ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT SMS MESSAGES OR CALLS WILL BE DELIVERED OR RECEIVED IN A TIMELY MANNER.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLEARPATH SOLUTIONS AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SITE OR PARTICIPATION IN OUR SMS/VOICE PROGRAMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Indemnification

You agree to indemnify, defend, and hold harmless SolutionsByClearPath and its officers, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your violation of these Terms, your misuse of the Site, or the phone numbers or information you provide to us.

13. Termination

We may suspend or terminate your access to the Site, or your participation in our SMS/voice programs, at any time and without notice, including for suspected violation of these Terms or applicable law. Provisions that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution — will survive.

14. Governing law & dispute resolution

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles, and applicable U.S. federal law (including the TCPA and CAN-SPAM Act). Any dispute arising out of or relating to these Terms or the Site will be resolved exclusively in the state or federal courts located in Palm Beach County, Florida, and you consent to the personal jurisdiction of those courts, except where applicable law requires a different forum (such as small claims court).

15. General provisions

15.1 Entire agreement

These Terms, together with our Privacy Policy and any applicable services Agreement, constitute the entire agreement between you and ClearPath regarding the Site and our communications programs, superseding any prior agreements on that subject.

15.2 Severability

If any provision of these Terms is found unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full effect.

15.3 No waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

15.4 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

15.5 Force majeure

We are not liable for any failure or delay in performance resulting from causes beyond our reasonable control, including carrier outages, natural disasters, or acts of government.

16. Changes to these terms

We may revise these Terms from time to time. The updated Terms will be posted on this page with a revised "Last updated" date. Material changes affecting our SMS/voice programs will be communicated, where appropriate, via a message to opted-in numbers. Your continued use of the Site or participation in our communications programs after changes take effect constitutes acceptance of the revised Terms.

17. Contact us

Questions about these Terms can be directed to: