Please read this End User License Agreement (the “Agreement”) carefully. Your use of the App (as
defined below) constitutes your consent to this Agreement.
This Agreement is between you and Clarity Money, Inc. (“Company” or “we” or “us”) concerning your
use of (including any access to) the Clarity mobile app (together with any materials and services available
therein, and successor app(s) thereto, the “App”). This Agreement hereby incorporates by this reference
any additional terms and conditions posted by Company through the App, or otherwise made available to
you by Company.
BY USING THE APP, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS
FURTHER SET FORTH IN SECTION 22 BELOW, REQUIRES THE USE OF ARBITRATION ON AN
INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER
COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
Changes. We may change this Agreement from time to time by notifying you of such changes by any
reasonable means, including by posting a revised Agreement on the App or on Company’s website
(“Website”). Any such changes will not apply to any dispute between you and us arising prior to the
date on which we posted the revised Agreement incorporating such changes, or otherwise notified you
of such changes.
Your use of the App following any changes to this Agreement will constitute your acceptance of such
changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may,
at any time and without liability, modify or discontinue all or part of the App (including access to the
App via any third-party links); charge, modify or waive any fees required to use the App; or offer
opportunities to some or all App users.
- Information Submitted Through the App. Your submission of information through the App is
You represent and warrant that any information you provide in connection with the App is and will
remain accurate and complete, and that you will maintain and update such information as needed.
- Jurisdictional Issues. The App is controlled or operated (or both) from the United States, and is not
intended to subject Company to any non-U.S. jurisdiction or law. The App, and/or certain products or
services available through the App, may not be appropriate or available for use in some non-U.S.
jurisdictions. Any use of the App or any such products or services is at your own risk, and you must
comply with all applicable laws, rules and regulations in doing so. We may limit the App’s
availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we
- No Financial, Investment, Legal, Accounting or Tax Advice. The App is intended solely for general
informational purposes. The App does not, and should not be construed to, constitute or provide any
financial, investment, legal, accounting, tax or other advice. You should not rely upon or otherwise
use the App in connection with making any decisions or evaluating any financial, investment, legal, accounting, tax or other issues. We encourage you to consult a financial, investment, legal, accounting
or tax advisor with respect to any such issues. In addition, please note that nothing available through
the App is an offer to sell, or a solicitation of any offer to buy, any financial products, nor should any
such content be used as the basis of any investment or other financial decision.
Rules of Conduct. In connection with the App, you must not:
- Post, transmit or otherwise make available through or in connection with the App any materials
that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail
to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise
tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by
copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right,
without the express prior written consent of the applicable owner.
- Post, transmit or otherwise make available through or in connection with the App any virus,
worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that
is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to
monitor the use of, any hardware, software or equipment (each, a “Virus”).
- Use the App for any commercial purpose, or for any purpose that is fraudulent or otherwise
tortious or unlawful.
- Harvest or collect information about users of the App.
- Interfere with or disrupt the operation of the App or the servers or networks used to make the App
available, including by hacking or defacing any portion of the App; or violate any requirement,
procedure or policy of such servers or networks.
- Restrict or inhibit any other person from using the App.
- Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare,
distribute or otherwise exploit any portion of (or any use of) the App except as expressly
authorized herein, without Company’s express prior written consent.
- Reverse engineer, decompile or disassemble any portion of the App, except where such restriction
is expressly prohibited by applicable law.
- Remove any copyright, trademark or other proprietary rights notice from the App.
- Frame or mirror any portion of the App, or otherwise incorporate any portion of the App into any
product or service, without Company’s express prior written consent.
- Systematically download and store App content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to
retrieve, index, “scrape,” “data mine” or otherwise gather App content, or reproduce or
circumvent the navigational structure or presentation of the App, without Company’s express
prior written consent.
You are responsible for obtaining, maintaining and paying for all hardware and all
telecommunications and other services needed to use the App.
Products. The App may make available listings, descriptions and images of goods or services or
related coupons or discounts (collectively, “Products”), as well as references and links to Products.
Such Products may be made available for any purpose, including general information purposes. The
availability through the App of any listing, description or image of a Product does not imply our
endorsement of such Product or affiliation with the provider of such Product. We make no
representations as to the completeness, accuracy, reliability, validity or timeliness of such listings,
descriptions or images (including any features, specifications and prices contained therein). Such
information and the availability of any Product (including the validity of any coupon or discount) is
subject to change at any time without notice. It is your responsibility to ascertain and obey all
applicable local, state, federal and foreign laws (including minimum age requirements) regarding the
possession, use and sale of any Product.
CERTAIN PRODUCTS ARE MADE AVAILABLE BY THIRD PARTIES AND NOT BY
COMPANY. WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH THIRD-PARTY
PRODUCTS, AS FURTHER DESCRIBED IN SECTION 16 BELOW.
- Dwolla Transfer Service. In order to use the payment functionality of the App, you must open a
“White Label” account provided by Dwolla, Inc. (“Dwolla”) and you must accept the Dwolla
financial institution partners as set out in the Dwolla Terms of Service. You authorize Clarity
Money to share your identity and account data with Dwolla for the purposes of opening and
supporting your Dwolla account, and you are responsible for the accuracy and completeness of
that data. You understand that you will access and manage your Dwolla account through Clarity
Money application, and Dwolla account notifications will be sent by Clarity Money, not Dwolla.
Clarity Money will provide customer support for your Dwolla account activity, and can be
reached at https://claritymoney.com, email@example.com and/or 917-546-3915.
Clarity Money Savings Account. This service allows you to use a free savings account through
the App that we call the “Clarity Money Savings Account”. We use the term “Clarity Money
Savings Account” to refer to the services associated with the Clarity Money Savings Account.
The Clarity Money Savings Account is a single pooled deposit account at Wells Fargo Bank, N.A.
in which your money and the funds of all other participants in Clarity Money Savings are held in
the name of Clarity Money, Inc. as custodian for your benefit and the benefit of those other
participants. Clarity Money's system keeps track of how much money is your account. You are
the legal owner of your money in the Clarity Money Savings Account. Clarity Money is not a
bank and Clarity Money has no ownership of any funds in the Clarity Money Savings Account.
Based upon our analytics, we identify funds in your account that may be put towards your
savings, and based upon your ACH authorization provided below, we periodically instruct Wells
Fargo Bank, N.A. to initiate a transfer of funds from your bank account to the Clarity Money
Savings Account via ACH.
The funds in the Clarity Money Savings Account are FDIC-insured up to $250,000 per user,
subject to the FDIC's rules about deposit insurance. For example, if you have a separate deposit
account at Wells Fargo Bank, N.A. in your name, then the FDIC may count the funds in your
separate account towards the FDIC's $250,000 insurance limit. We may from time to time move
funds between the Clarity Money Savings Account and another pooled custodial bank account
maintained by Clarity Money, for liquidity, backup and storage purposes, but this will not affect
your ability to access the funds that are held in the Clarity Money Savings Account on your behalf and you remain the legal owner of your funds. Your funds will remain in the Clarity
Money Savings Account until you instruct the transfer any or all of your funds from the Clarity
Money Savings Account to your bank account by requesting the transfer in the app. Upon such a
request, we will use commercially reasonable efforts to instruct Wells Fargo Bank, N.A., or
another bank partner, to transfer your requested funds from the Clarity Money Savings Account to
your bank account within 3 business days (72 hours) after we receive your request. It is important
to know the amount of funds available to you in the Clarity Money Savings Account before you
request the transfer of funds from the Clarity Money Savings Account to your bank account. If
you do not have sufficient available funds in the Clarity Money Savings Account to cover the
amount of the requested transfer, your request for the transfer will be declined. We may also
instruct Wells Fargo Bank, N.A., or another bank partner, to transfer funds from the Clarity
Money Savings Account to your bank account without notice to you upon the closure of your
participation in Clarity Money Savings Account and at any time if required by applicable law or if
we, in our sole discretion, suspect that the services are being used for illicit purposes or otherwise
in violation of these terms.
You may not use your funds in the Clarity Money Savings Account to make purchases, withdraw
cash, transfer funds to third parties, or for any other purpose. You are solely responsible for
determining whether the funds debited from your bank account and the funds maintained for you
in the Clarity Money Savings Account are acceptable to you. We are not responsible for any third
party fees that may be incurred as a result of using the services, including, but not limited to, fees
you may incur as a result of maintaining insufficient funds in your bank account. We are not
responsible for ensuring your bank account has sufficient funds for your needs, purposes, or
Clarity Credit Score Monitoring. Clarity Money has partnered with ConsumerInfo.com, Inc.
(“CIC”) to offer Clarity Credit Score Monitoring and related services provided by CIC and its
affiliates. By using Clarity Credit Score Monitoring or other related services provided by CIC
and its affiliates, you accept and agree to CIC’s Terms of Service. You authorize Clarity Money to share your Financial Information with
CIC for the purposes of enabling Clarity Credit Score Monitoring or related services and
supporting your use of these services.
- BILLSHARK Services. Clarity Money has partnered with BILLSHARK to provide access to
BILLSHARK’s services that can assist you with lowering you monthly service provider bills.
Your use of BILLSHARK’s services is subject to BILLSHARK’s terms and conditions.
- Acorns Services. Clarity Money enables you to access investment services offered by Acorns Advisor LLC. Your use of these services is subject to Acorns terms and conditions.
CONSENT FOR ELECTRONIC SIGNATURES, RECORDS, AND DISCLOSURES ("E-CONSENT").
Please read this information carefully and print or retain this information for future reference. You may submit a request to be presented offers by third-party Lending Partners with which we partner (each, a “Third-Party Lending Partner”). In order to present you with offer, the Third-Party Lending Partners will require your consent to use and accept electronic signatures, records, and disclosures. These terms notify you of your rights when receiving electronic disclosures, notices, and information. By accepting these terms and requesting offers from Third-Party Lending Partners, you acknowledge that you received this E-Consent and that you consent to using electronic signatures, electronic disclosures, electronic records, and electronic contract documents (collectively, “Disclosures”).
Requests for Paper Copies. You may request a paper copy of any Disclosure by contacting the Third-Party Lending Partner directly. Some Third-Party Lending Partners may charge a fee for providing paper copies. The Third-Party Lending Partners will retain all Disclosures as required by applicable law.
Scope of E-Consent. This E-Consent applies to your request to be presented offers by one or more Third-Party Lending Partner(s) and any related Disclosures. By exercising this E-Consent, one or more Third-Party Lending Partners may process your information and interact with you electronically. The Third-Party Lending Partner(s) may also send you notices electronically related to its interactions and transactions. Disclosures may be provided by the Third-Party Lending Partner(s) via email, or may be made available on the Third-Party Lending Partner(s) websites.
Withdrawing E-Consent. As it relates to your request for offers from Third-Party Lending Partners, this E-Consent cannot be withdrawn because any such request is a one-time transaction. However, if you do not wish to consent to receive Disclosures electronically, you can opt not to make a request to receive offers from Third-Party Lending Partners. If you choose to accept an offer from a Third-Party Lending Partner, you can withdraw your consent to receive electronic disclosures directly with the Third-Party Lending Partner at any time and at no charge, by contacting the Third-Party Lending Partner in the manner specified by the Third-Party Lending Partner. If you withdraw your consent to receive electronic disclosures before you obtain credit from the Third-Party Lending Partner, you may be prevented from obtaining credit from the Third-Party Lending Partner. Contact the Third-Party Lending Partner directly if you wish to withdraw your electronic consent. If you decide to withdraw you electronic consent from the Third-Party Lending Partner, the legal effectiveness, validity, and enforceability of electronic Disclosures provided pursuant to this E-Consent will not be affected.
Hardware and Software Requirements. Before you request offers from one or more Third-Party Lending Partner(s) or decide to do business with such a Third-Party Lending Partner electronically, you should consider whether you have the required hardware and software capabilities. To access and retain the Disclosures electronically, you will need to use the following computer software and hardware: A computer or other device capable of accessing the Internet, such as a smart phone or tablet, access to an e-mail account, and a supported web browser. To read certain documents, you may need a .pdf file reader like Adobe® Acrobat Reader X®. You will need a printer or a long-term storage device, such as your computer’s hard drive, to retain a copy of the Disclosures for future reference. If you are accessing or retaining the Disclosures on a mobile device, you must ensure that you have software on your mobile device that allows you to print and save the Disclosures. These hardware and software requirements may be updated from time-to-time.
Change to Your Contact Information. You are responsible for providing us and any Third-Party Lending Partner with a current e-mail address. You should keep us, and any Third-Party Lending Partner with whom you do business, informed of any change in your e-mail address. You may update your e-mail address on your profile page and as otherwise directed by the Third-Party Lending Partner.
Consent. By accepting these terms and requesting offers from Third-Party Lending Partners, you acknowledge you have read and you agree to this E-Consent. You acknowledge that you can access the Disclosures in the designated formats described above. You consent to using electronic signatures, having all Disclosures provided or made available to you in electronic form, and to doing business with third-party Lending Partners electronically. You acknowledge that you may request a paper copy of the electronic records and Disclosures. You also acknowledge that your consent to electronic Disclosures is required to receive offers from Third-Party Lending Partners.
CREDIT REPORT AUTHORIZATION. You understand and agree that, in connection with any request you make for loan offers (a "Request") from the third-party Lending Partners with which we partner (each, a "Third-Party Lending Partner"), you are authorizing Clarity Money to send on your behalf information about you to one or more Third-Party Lending Partners and you are authorizing each Third-Party Lending Partner, consistent with their terms and conditions, to obtain consumer reports and related information about you in connection with your Request from one or more consumer reporting agencies, such as TransUnion, Experian, and Equifax.
- Payment Authorization. You authorize Company to instruct Wells Fargo Bank, N.A., or another bank
partner, to automatically deduct via ACH direct debit any amount you designate in the App from your
linked bank account on the date(s) you specify in the App. This authorization will remain in effect
until cancelled pursuant to the instructions below. To change or cancel this authorization at any time
within the App or by contacting Company at firstname.lastname@example.org. Company may require three (3)
business day prior notice in order to cancel this authorization. Should you have insufficient funds
available in your linked bank account at the time of any debit initiated in accordance with your
instruction by Wells Fargo Bank, N.A., or another bank partner, you may be charged an insufficient
funds (“NSF”) fee by Bank Partner, subject to applicable law. In the event of an NSF fee, Company
will have no obligation as it relates your unpaid liabilities, if any, and any resulting repercussions,
including but not limited to penalties, interest, or cancellations, will be your responsibility and not the
responsibility or liability whatsoever of Company. You authorization Company to electronically debit
or credit your linked bank account to correct any erroneous debit or credits.
- Transactions. The App may make available the ability to enter into transactions with third parties,
including in connection with Products made available by Third Parties and other Third Party
Materials. ANY SUCH TRANSACTIONS ARE SOLELY BETWEEN YOU AND SUCH THIRD
PARTY; COMPANY HAS NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO ANY
SUCH TRANSACTIONS, INCLUDING WITH RESPECT TO THE PROCESSING OF ANY
PAYMENTS FOR SUCH TRANSACTIONS.
but without any time limit or the requirement to pay any fees, information about you and about any
accounts you have linked in the App (“Financial Information”) from the financial institution holding
such linked accounts and/or from other third-party websites, databases and other services, for
purposes of providing the App and related services to you. For the purposes of this Agreement, and
solely for purposes of providing the App and related services to you, you appoint Clarity Money as
your attorney-in-fact and agent to access third-party website, databases and other services, and to
access, retrieve and use Financial Information, and you grant to Clarity Money the full power and
authority to do and perform all things necessary in connection with such activities, as you could do in
person. You acknowledge and agree that when we are accessing, retrieving and using Financial
Information, we are acting as your agent, and not as the agent of or on behalf of the third party that
we access Financial Information from or to which we provide Financial Information. We are not
obligated to review Financial Information for any purpose, including, but not limited to, accuracy,
legality, or non-infringement. You agree that other third parties shall be entitled to rely on the
foregoing authorization and appointment granted by you. As between Company and our third party
service providers, Company owns Financial Information.
- You can unlink any accounts you have linked in the App at any time by visiting the Profiles section of the App.
- Registration; User Names and Passwords. You may need to register to use all or part of the App. We
may reject, or require that you change, any user name, password or other information that you provide
to us in registering. Your user name and password are for your personal use only and should be kept
confidential; you, and not Company, are responsible for any use or misuse of your user name or
password, and you must promptly notify us of any confidentiality breach or unauthorized use of your
user name or password, or your App account.
- Profiles and Forums. App visitors may make available certain materials (each, a “Submission”)
through or in connection with the App, including on profile pages or on the App’s interactive services,
such as message boards and other forums, and chatting, commenting and other messaging
functionality. Company has no control over and is not responsible for any use or misuse (including
any distribution) by any third party of Submissions. IF YOU CHOOSE TO MAKE ANY OF YOUR
PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE
THROUGH THE APP, YOU DO SO AT YOUR OWN RISK.
License. For purposes of clarity, you retain ownership of your Submissions. For each Submission,
you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable,
transferable and fully sublicensable (through multiple tiers) license, without additional consideration
to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create
derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission, in any
format or media now known or hereafter developed, and for any purpose (including promotional
purposes, such as testimonials).
In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”),
whether related to the App or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such
Feedback is gratuitous, unsolicited and without restriction, and does not place Company under any
fiduciary or other obligation.
You represent and warrant that you have all rights necessary to grant the licenses granted in this
section, and that your Submissions, and your provision thereof through and in connection with the
App, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any
applicable law or any right of any third party. You further irrevocably waive any “moral rights” or
other rights with respect to attribution of authorship or integrity of materials regarding each
Submission that you may have under any applicable law under any legal theory.
- Monitoring. We may (but have no obligation to) monitor, evaluate, alter or remove Submissions
before or after they appear on the App, or analyze your access to or use of the App. We may disclose
information regarding your access to and use of the App, and the circumstances surrounding such
access and use, to anyone for any reason or purpose.
- Your Limited Rights. The App is licensed (not sold) to end users. Subject to your compliance with
this Agreement, and solely for so long as you are permitted by Company to use the App, we hereby
permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to
install and use the App on a mobile device that you own or control, solely for your personal, noncommercial
use. If you fail to comply with any of the terms or conditions of this Agreement, you
must immediately cease using the App and remove (that is, uninstall and delete) the App from your
- Company’s Proprietary Rights. We and our suppliers own the App, which is protected by proprietary
rights and laws. Our trade names, trademarks and service marks include CLARITY MONEY,
CHAMPION OF YOUR MONEY and any associated logos. All trade names, trademarks, service
marks and logos on the App not owned by us are the property of their respective owners. You may not
use our trade names, trademarks, service marks or logos in connection with any product or service
that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the App
should be construed as granting any right to use any trade names, trademarks, service marks or logos
without the express prior written consent of the owner.
Third Party Materials; Links. Certain App functionality may make available access to information,
products, services and other materials made available by third parties, including Submissions and
Products (“Third Party Materials”), or allow for the routing or transmission of such Third Party
Materials, including via links. By using such functionality, you are directing us to access, route and
transmit to you the applicable Third Party Materials.
We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the
accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety
of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials
may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be
deemed to be a representation or warranty by Company with respect to any Third Party Materials. We
have no obligation to monitor Third Party Materials, and we may block or disable access to any Third
Party Materials (in whole or part) through the App at any time. In addition, the availability of any
Third Party Materials through the App does not imply our endorsement of, or our affiliation with, any
provider of such Third Party Materials, nor does such availability create any legal relationship
between you and any such provider.
YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO
ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD
PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE
PROVIDERS OF SUCH THIRD PARTY MATERIALS).
- Promotions. Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively,
“Promotions”) made available through the App may be governed by rules that are separate from this
Agreement. If you participate in any Promotions, please review the applicable rules as well as our
DISCLAIMER OF WARRANTIES. TO THE FULLEST EXTENT PERMITTED UNDER
APPLICABLE LAW: (A) THE APP AND ANY PRODUCTS AND THIRD PARTY MATERIALS
ARE MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE”
BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR
STATUTORY; AND (B) COMPANY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE
APP AND ANY PRODUCTS AND THIRD PARTY MATERIALS, INCLUDING THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT
AND TITLE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS
SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF
BOTH COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS,
DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES,
LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED
ENTITIES”), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
While we try to maintain the timeliness, integrity and security of the App, we do not guarantee that
the App is or will remain updated, complete, correct or secure, or that access to the App will be
uninterrupted. The App may include inaccuracies, errors and materials that violate or conflict with
this Agreement. Additionally, third parties may make unauthorized alterations to the App. If you
become aware of any such alteration, contact us at email@example.com with a description of
such alteration and its location on the App.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE
LAW: (A) COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND,
UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR
OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF
OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING
UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), EVEN IF
ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (B)
WITHOUT LIMITING THE FOREGOING, COMPANY WILL NOT BE LIABLE FOR DAMAGES
OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE APP OR
FROM ANY PRODUCTS OR THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS
THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH; (C) YOUR SOLE AND
EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE APP OR ANY PRODUCTS OR
THIRD PARTY MATERIALS IS TO STOP USING THE APP; AND (D) THE MAXIMUM
AGGREGATE LIABILITY OF COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF
ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE,
SHALL BE THE GREATER OF (I) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO COMPANY SOLELY FOR THE RIGHT TO USE THE APP; AND (II) TEN U.S. DOLLARS
ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND
ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH COMPANY
AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
- Indemnity. To the fullest extent permitted under applicable law, you agree to defend, indemnify and
hold harmless Company and the Affiliated Entities, and their respective successors and assigns, from
and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees
(including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with,
the App (including all Submissions); and (b) any violation or alleged violation of this Agreement by
- Termination. This Agreement is effective until terminated. Company may terminate or suspend your
use of the App at any time and without prior notice, for any or no reason, including if Company
believes that you have violated or acted inconsistently with the letter or spirit of this Agreement.
Upon any such termination or suspension, your right to use the App will immediately cease, and
Company may, without liability to you or any third party, immediately deactivate or delete your user
name, password and account, and all associated materials, without any obligation to provide any
further access to such materials. Sections 2–7, 9–11 and 13–27 shall survive any expiration or
termination of this Agreement.
. Governing Law; Arbitration. The terms of this Agreement are governed by the laws of the United
States (including federal arbitration law) and the State of Delaware, U.S.A., without regard to its
principles of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT
QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO
THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND
COMPANY, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD,
MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH
FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN
A COURT BY A JUDGE OR JURY AND YOU AGREE THAT COMPANY AND YOU ARE EACH
WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION
UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS
ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING
TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
The arbitration will be administered by the American Arbitration Association under its Consumer
Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available
online at https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by
personal appearances, unless the arbitrator determines upon request by you or by us that an in-person
hearing is appropriate. Any in-person appearances will be held at a location which is reasonably
convenient to both parties with due consideration of their ability to travel and other pertinent
circumstances. If the parties are unable to agree on a location, such determination should be made by
the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and
will be final and binding. The arbitrator will have authority to award temporary, interim or permanent
injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award
rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing
issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief
against us for you.
- Filtering. We hereby notify you that parental control protections (such as computer hardware,
software or filtering services) are commercially available that may assist you in limiting access to
material that is harmful to minors. Information identifying current providers of such protections is
available from https://en.wikipedia.org/wiki/Comparison_of_contentcontrol_software_and_providers.
Please note that Company does not endorse any of the products or
services listed on such site.
- Information or Complaints. If you have a question or complaint regarding the App, please send an email
to firstname.lastname@example.org. You may also contact us by writing to Clarity Money, 599
Broadway, 10th Floor c/o TH Productions, or by calling us at (619) 430-6653. Please note that e-mail
communications will not necessarily be secure; accordingly, you should not include credit card
information or other sensitive information in your e-mail correspondence with us. California residents
may reach the Complaint Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by
telephone at (916) 445-1254 or (800) 952-5210.
- Export Controls. You are responsible for complying with United States export controls and for any
violation of such controls, including any United States embargoes or other federal rules and
regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or
a resident or a national of, any country subject to a U.S. government embargo or other restriction, or
that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of
the U.S. government lists of restricted end users.
- Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint
venture, employer-employee, or franchisor- franchisee relationship between you and Company. If any
provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that
provision will be deemed severable from this Agreement and will not affect the validity and
enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of
your rights or obligations under this Agreement without our express prior written consent. We may
assign, transfer or sublicense any or all of our rights or obligations under this Agreement without
restriction. No waiver by either party of any breach or default under this Agreement will be deemed to
be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title
contained herein is for convenience only, and in no way defines or explains any section or provision.
All terms defined in the singular shall have the same meanings when used in the plural, where
appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in
this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement,
including any terms and conditions incorporated herein, is the entire agreement between you and
Company relating to the subject matter hereof, and supersedes any and all prior or contemporaneous
written or oral agreements or understandings between you and Company relating to such subject
matter. Notices to you (including notices of changes to this Agreement) may be made via posting to
the App or by e-mail (including in each case via links), or by regular mail. Without limitation, a
printed version of this Agreement and of any notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating to this Agreement to the same extent and
subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company will not be responsible for any failure to fulfill any obligation
due to any cause beyond its control.
- Apple-Specific Terms. In addition to your agreement with the foregoing terms and conditions, and
notwithstanding anything to the contrary herein, the following provisions apply with respect to your
use of any version of the App compatible with the iOS operating system of Apple Inc. (“Apple”).
Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is
not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple
is not responsible for maintenance or other support services for the App and shall not be responsible
for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including
any third-party product liability claims, claims that the App fails to conform to any applicable legal or
regulatory requirement, claims arising under consumer protection or similar legislation, and claims
with respect to intellectual property infringement. Any inquiries or complaints relating to the use of
the App, including those pertaining to intellectual property rights, must be directed to Company in
accordance with the “Information or Complaints” section above. The license you have been granted
herein is limited to a non-transferable license to use the App on an Apple-branded product that runs
Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the
Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the
terms of any third-party agreement applicable to you when using the App, such as your wireless data
service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and,
upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be
deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary
thereof; notwithstanding the foregoing, Company’s right to enter into, rescind or terminate any
variation, waiver or settlement under this Agreement is not subject to the consent of any third party.
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