Last updated: July 1, 2026
These Site Terms of Use (“Terms”) are provided by CleanArc Data Centers LLC and its affiliates (“CleanArc”, “our”, “us”, or “we”) and govern your use of www.cleanarcdatacenters.com (the “Site”).
Please read these Terms carefully before using the Site. These Terms include a waiver of your right to a jury trial and a waiver of your right to participate in class or other collective actions, as set out in more detail in Section 7.
By accessing and using the Site, you represent that you have read, understood, and agree to be bound by these Terms and our Site Privacy Policy, which is incorporated into these Terms by reference and describes our practices related to personal information processed through the Site.
We may update these Terms from time to time. These updates will be effective as of the “Last Updated” date at the beginning of these Terms. Your continued use of the Site following such updates constitutes your agreement to be bound by these Terms.
1. Intellectual Property; Limited License
The Site may contain (a) materials and other items relating to us and our services, including information, text, data, databases, instructions, articles, scripts, designs, graphics, layout, files, images, illustrations, photographs, sound recordings, audio and visual clips, advertising copy, URLs, technology, software, opportunities, features, and the “look and feel” of the Site; (b) logos, service marks, trademarks, trade names, trade dress, and trade identities of various parties, including CleanArc; and (c) other forms of intellectual property (all such materials, and any compilation, collection, or arrangement thereof, collectively the “Content”).
All Content is either owned by us or licensed from third parties and is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries. Subject to your strict compliance with these Terms, CleanArc grants you a limited, non-exclusive, revocable, worldwide, non-assignable, personal, and non-transferable license to download, display, view, and use the Site, and to retain one copy of the Content as it is displayed to you, in each case for your personal use only. You acknowledge and agree that you do not acquire any ownership interest in the Site or its Content by virtue of accessing or using the Site or its Content. Any rights not expressly granted in these Terms are reserved.
2. Acceptable Use
In connection with your access and use of the Site, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. Specifically, in connection with your use of the Site, you agree that you will not:
We reserve the right to terminate your access to all or part of the Site, in our sole discretion and without notice or liability, for any reason, including breach of these Terms. Violation of these Terms may result in civil or criminal liability. We may investigate potential violations, cooperate with law enforcement, and/or pursue prosecution of users who may be involved in such violations.
3. Confidentiality
Please be aware that information transmitted over the Internet may not be secure and confidentiality cannot be guaranteed. Information of a confidential, proprietary, or privileged nature should not be sent through the Site.
4. Disclaimers
Your use of the Site is at your sole risk. The Site and its Content are provided by us on an “as is” and “as available” basis, and without warranties of any kind, whether express or implied, including, without limitation, any implied warranties of title, non-infringement, satisfactory quality, reliability, accuracy, merchantability, and fitness for a particular purpose.
We do not warrant or guarantee the accuracy, completeness, correctness, timeliness, or usefulness of the Site and/or its Content. We do not warrant that your use of the Site or its Content will be uninterrupted, error-free, or secure; that defects will be corrected; or that the Site, the server(s) on which the Site is hosted, or Content are secure or free from viruses or other harmful components.
5. Limitation of Liability
To the maximum extent permitted by applicable law, under no circumstances shall we nor any other party involved in creating, producing, or delivering the Site or its Content be liable for any direct, indirect, punitive, exemplary, incidental, special, or consequential damages, fees, fines, penalties, loss of revenue or business, or liabilities that result from the use of or inability to use the Site, its Content, or information provided on or through the Site.
By using or accessing the Site, you acknowledge and agree that your sole and exclusive remedy for dissatisfaction with the Site is to stop using the Site.
If the foregoing limitations are disallowed, in any event, our total liability shall be US$100.
6. Indemnification
As permitted by applicable law, you agree to defend (if requested by us), indemnify, and hold us and our affiliates, officers, directors, employees, and agents (the “CleanArc Parties”) harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against the CleanArc Parties arising out of or in connection with: (a) your use of the Site and/or its Content; (b) your breach or alleged breach of these Terms; (c) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Site; (d) information or material transmitted through your account or device, even if not submitted by you, that infringes, violates, or misappropriates any intellectual property, publicity, privacy, or other right of any person or entity; (e) any misrepresentation made by you; and (f) our use of the information that you submit to us (all of the foregoing, “Claims and Losses”).
You will cooperate fully, as requested by us, in the defense of any Claims and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of us through our officers.
7. Dispute Resolution: Class and Collective Actions Waiver
Important: This Section impacts certain legal rights and includes a waiver of your right to participate in any form of class, mass, collective, or representative action, and limits your ability to obtain certain remedies and forms of relief. Please review carefully.
Many customer inquiries can be resolved amicably by emailing us at legal@cleanarcdatacenters.com.
In the event that a disagreement arises between you and us regarding any claim or controversy arising out of, relating to, or connected in any way with the Site (a “Dispute”), you agree that, before initiating any legal action, you will first provide us written notice (a “Notice of Dispute”) so that we may work with you in good faith to find a mutually agreeable solution. Such Notice of Dispute shall be sent to us by email to legal@cleanarcdatacenters.com, and must describe the nature of the Dispute, the basis for your claims, and the resolution you are seeking. Any Notice of Dispute must be specific to you as an individual and cannot be consolidated with Disputes involving any other parties.
During the sixty (60) business days from the date we receive your Notice of Dispute, both parties agree to engage in good faith efforts to resolve the Dispute. During this sixty (60) business day period, both parties agree to toll any statutes of limitations that may apply, along with any filing deadlines.
We will consider reasonable requests to resolve a Dispute through alternative dispute resolution procedures, such as mediation or arbitration.
Waiver of Jury Trial; Waiver of Class and Other Collective Actions. Unless otherwise prohibited by applicable law, you waive any right to a jury trial. You also agree that any and all Disputes (which you acknowledge and agree is defined as broadly as possible) will be resolved individually, and without resort to any form of class, collective, or representative action. All claims must be brought solely in a party’s individual capacity, and not as a plaintiff or class member in any purported class action, collective action, consolidated action, representative action, or proceeding.
Time Bar. Any claim or action against any CleanArc Party must be commenced within two (2) years after the first occurrence of the kind of act, event, condition, or omission upon which such claim or action is based–or within the statute of limitations for such claim–whichever is shorter. Any claim that is not filed within that time will be forever barred.
8. Access from Outside the United States
You acknowledge that the Site and its Content originate in, and are controlled from, the United States. We make no representation that any of the Content is appropriate or available for use in other locations. We have no responsibility for any access to the Site from jurisdictions where the Content may be illegal or otherwise prohibited. If you choose to access the Site from other locations, you do so at your own risk, and you are responsible for compliance with applicable local laws.
9. Miscellaneous
Governing Law. You agree that these Terms, and any Dispute arising from or relating to these Terms, shall be governed by and construed in accordance with the laws of State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) and the parties agree to the exclusive jurisdiction of the state and federal courts in Dallas County.
Entire Agreement. These Terms (as may be revised and amended from time to time) constitute the entire agreement with respect to your use of the Site and the Content.
Electronic Agreement. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, including these Terms, satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree, or consent via the Site it is intended to be an electronic signature which binds you as if you had signed on paper. Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.
Termination. Any provisions of these Terms that are reasonably inferable to have been intended to survive termination (including, but not limited to, any provisions regarding limitation of our liability or indemnification) will continue in effect beyond any such termination of access to the Site.
No Assignment. These Terms do not confer any rights, remedies, or benefits upon any person other than you. We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without our prior written consent.
Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be stricken and will not affect the validity and enforceability of any remaining provisions.