Last Updated: November 13th, 2017

TERMS OF USE

Please read these Terms of Use (the “Agreement”) carefully. Your use of the Service (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 Money site currently located at https://claritymoney.com (together with any materials and services available therein, and any related or successor website(s) thereto (including blogs, forums or other discussion or informational websites), the “Site”) and the Clarity Money mobile app (together with any materials and services available therein, and successor app(s) thereto, the “App,” and, together with the Site, the “Service”). This Agreement hereby incorporates by this reference any additional terms and conditions made available by Company through the Service, or otherwise made available to you by Company.

BY USING THE SERVICE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 25 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.

  1. Changes. We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by making available a revised Agreement on or through the Service. Any such changes will not apply to any dispute between you and us arising prior to the date on which we made available the revised Agreement incorporating such changes, or otherwise notified you of such changes.

    Your use of the Service 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 Service (including access to the Service via any third-party links); charge, modify or waive any fees required to use the Service; or offer opportunities to some or all users of the Service.

  2. Information Submitted Through the Service. Your submission of information through the Service, including information that we obtain when you link one or more account(s) that you hold with another financial institution to your Clarity Money profile (each, a “linked bank account”), is governed by and can be used in accordance with Company’s Privacy Policy, located at claritymoney.com/privacy (the “Privacy Policy”). You represent and warrant that any information you provide in connection with the Service is and will remain accurate and complete, and that you will maintain and update such information as needed.
  3. Jurisdictional Issues. The Service 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 Service, and/or certain products or services available through the Service, may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Service 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 Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
  4. No Financial, Investment, Legal, Accounting or Tax Advice. The Service is intended solely for general informational purposes. The Service 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 Service 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 Service 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.
  5. Rules of Conduct. In connection with the Service, you must not:

    • Post, transmit or otherwise make available through or in connection with the Service 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 Service 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 Service for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
    • Harvest or collect information about users of the Service.
    • Interfere with or disrupt the operation of the Service or the servers or networks used to make the Service available, including by hacking or defacing any portion of the Service; or violate any requirement, procedure or policy of such servers or networks.
    • Restrict or inhibit any other person from using the Service.
    • 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 Service except as expressly authorized herein, without Company’s express prior written consent.
    • Reverse engineer, decompile or disassemble any portion of the Service, except where such restriction is expressly prohibited by applicable law.
    • Remove any copyright, trademark or other proprietary rights notice from the Service.
    • Frame or mirror any portion of the Service, or otherwise incorporate any portion of the Service into any product or service, without Company’s express prior written consent.
    • Systematically download and store content from the Service.
    • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather content from the Service, or reproduce or circumvent the navigational structure or presentation of the Service, 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 Service.

  6. Products. The Service 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 Service 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 AND SERVICES ARE MADE AVAILABLE BY THIRD PARTIES AND NOT BY COMPANY. WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH THIRD-PARTY PRODUCTS OR SERVICES, AS FURTHER DESCRIBED IN SECTION 19 BELOW.

    • Clarity Money Savings Feature. The “Clarity Money Savings Feature” (or, the “Savings Feature”) allows you to save towards a savings goal designated by you. Clarity Money is not a bank. Funds you have transferred via the Savings Feature are held in a pooled deposit account at Wells Fargo Bank, N.A., or another insured depository institution, in the name of Clarity Money’s Customers (any such account, a “custodial account”). You remain the legal owner of the funds held on your behalf in a custodial account; Clarity Money has no interest in or ownership of any funds held in a custodial account.

      Based on our analytics, we may identify, via the Savings Feature, funds in your linked bank account that you may designate for savings. With your authorization, we will periodically instruct Wells Fargo Bank, N.A., or another insured depository institution, to initiate an ACH debit transfer in the amount and at the frequency that you authorize from your linked bank account to the custodial account. We are not responsible for ensuring that your linked bank account has sufficient funds or that the amounts designated by you are appropriate for your particular situation. We also 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 linked bank account. You may not use your funds in the custodial account to make purchases, withdraw cash, transfer funds to third parties, or for any other purpose.

      The funds held on your behalf in any custodial 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 in your own name (i.e., a single ownership account) at the bank holding the custodial account then the FDIC may aggregate towards the FDIC's $250,000 insurance limit the deposits in your single ownership account and the funds held on your behalf in the custodial account. For questions about FDIC insurance coverage, you may call the FDIC at 877-275-3342 or visit the FDIC’s web site at www.fdic.gov. We may from time to time move funds between the custodial account at Wells Fargo Bank, N.A. and a custodial account at another insured depository institution for liquidity, backup and storage purposes, but this will not affect your ability to access the funds that you have saved via the Savings Feature, and you remain the legal owner of any funds held in a custodial account.

      The funds held on your behalf in the custodial account will remain in the custodial account until you instruct the transfer, via the Savings Feature, of any or all of such funds to your linked bank account. Upon such a request, we will use commercially reasonable efforts to instruct Wells Fargo Bank, N.A., or another insured depository institution with which we work, to transfer funds in the amount of your request from the custodial account to your linked bank account within 5 business days (120 hours) after we receive your request. It is important for you to know the amount of funds you have saved via the Savings Feature before you request a transfer to your linked bank account. If the amount of your requested transfer exceeds the amount of funds you have saved via the Savings Feature, your request will be declined. We may also instruct Wells Fargo Bank, N.A., or another insured depository institution with which we work, to transfer funds from a custodial account to your linked bank account without notice to you upon termination of your participation in the Savings Feature and at any time if required by applicable law or if we, in our sole discretion, suspect that the Savings Feature or the Service is being used for illicit purposes or otherwise in violation of these terms.

    • Clarity Credit Score Monitoring. Clarity Money works with a third party, 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 works with a third party, 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.
    • BILLFIXER Services. Clarity Money works with a third party, BILLFIXER, to provide access to BILLFIXER’s services that can assist you with cancelling a recurring subscription. Your use of BILLFIXERS’s services is subject to BILLFIXER’s terms and conditions.
    • Acorns Services. Clarity Money enables you to access investment services offered by a third party, Acorns Advisor LLC. Your use of these services is subject to Acorns terms and conditions.

    Clarity Money may receive compensation (e.g., a referral fee) from a Third Party when you obtain, apply for, or are approved for a Product offered by that Third Party through the Service.

  7. 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-parties with which we work (each, a “Third-Party Provider”). In order to present you with offer, the Third-Party Provider 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 Providers , 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 Provider directly. Some Third-Party Providers may charge a fee for providing paper copies. The Third-Party Providers 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 Provider (s) and any related Disclosures. By exercising this E-Consent, one or more Third-Party Providers may process your information and interact with you electronically. The Third-Party Provider (s) may also send you notices electronically related to its interactions and transactions. Disclosures may be provided by the Third-Party Provider (s) via email, or may be made available on the Third-Party Provider (s) websites.
    • Withdrawing E-Consent. As it relates to your request for offers from Third-Party Providers, 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 Providers. If you choose to accept an offer from a Third-Party Providers, you can withdraw your consent to receive electronic disclosures directly with the Third-Party Provider at any time and at no charge, by contacting the Third-Party Provider in the manner specified by the Third-Party Provider. If you withdraw your consent to receive electronic disclosures before you obtain credit from the Third-Party Provider, you may be prevented from obtaining credit from the Third-Party Provider. Contact the Third-Party Provider directly if you wish to withdraw your electronic consent. If you decide to withdraw your electronic consent from the Third-Party Provider, 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 Provider (s) or decide to do business with such a Third-Party Provider 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 Provider with a current e-mail address. You should keep us, and any Third-Party Provider 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 Provider.
    • Consent. By accepting these terms and requesting offers from Third-Party Providers, 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 Providers 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 Providers.
  8. CREDIT REPORT AUTHORIZATION. You understand and agree that, in connection with any request you make for loan offers (a "Request") from Third-Party Providers, you are authorizing Clarity Money to send on your behalf information about you to one or more Third-Party Providers and you are authorizing each Third-Party Provider, 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.

  9. Payment Authorization. You authorize Company to instruct Wells Fargo Bank, N.A., or another bank or authorized provider with which we work, to automatically deduct via ACH direct debit any amount you designate in the Service from your linked bank account on the date(s) you specify in the Service. This authorization will remain in effect until cancelled pursuant to the instructions below. You can change or cancel this authorization at any time within the Service or by contacting Company at support@claritymoney.com. 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 or authorized provider with which we work, you may be charged an insufficient funds (“NSF”) fee by the bank, 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 authorize Company to electronically debit or credit your linked bank account to correct any erroneous debit or credit transfers.
  10. Transactions. The Service 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.
  11. Appointment of Agency. By using the Service, you authorize us to obtain, subject to our Privacy Policy, but without any time limit or the requirement to pay any fees, information about you and about any accounts you have linked in the Service (“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 Service and related services to you. For the purposes of this Agreement, and solely for purposes of providing the Service 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.
  12. You can unlink any linked bank account at any time by visiting the Profiles section of the Service.
  13. Registration; User Names and Passwords. You may need to register to use all or part of the Service. 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 Service account.
  14. Profiles and Forums. Visitors of the Service may make available certain materials (each, a “Submission”) through or in connection with the Service, including on profile pages or on the Service’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 SERVICE, YOU DO SO AT YOUR OWN RISK.
  15. 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 Service 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 Service, 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.

  16. Monitoring. We may and expressly reserve the right (but have no obligation) to monitor, scan, intercept, review, analyze, store, evaluate, alter or remove (a) Submissions before or after they appear on the Service and (b) any messages, information, content or other materials sent to you, or received by you, in connection with the Service or its features or functionalities, at any time, including while it is in transit, and before and after it is stored or made available through the App, and to monitor, review, analyze or evaluate your access to or use of the Service (including any features or functionality of the Service), in each case by manual, automated or other means, and in each case for any purpose, including such purposes as may be described in the Privacy Policy.
  17. 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 mobile device.

    Subject to your compliance with this Agreement, and solely for so long as you are permitted by Company to use the Site, you may view one (1) copy of any portion of the Site to which we provide you access under this Agreement, on any single device, solely for your personal, non-commercial use.

  18. Company’s Proprietary Rights. We and our suppliers own the Service, 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 Service 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 Service 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.
  19. Third Party Materials; Links. Certain functionality of the Service 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 Service at any time. In addition, the availability of any Third Party Materials through the Service 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).

  20. Promotions. Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the Service 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 Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.
  21. DISCLAIMER OF WARRANTIES. YOU UNDERSTAND THAT COMPANY NEITHER CONTROLS NOR ENDORSES, NOR IS COMPANY RESPONSIBLE FOR, ANY PRODUCTS, SERVICES OR MATERIALS OFFERED BY DWOLLA, WELLS FARGO BANK, N.A. OR ANY OTHER BANK WITH WHICH WE WORK, CIC, BILLSHARK, ACORN ADVISOR LLC, ANY THIRD-PARTY PROVIDER OR OTHER THIRD PARTY OR FOR THE ACTS OR OMISSIONS OF ANY OF THE FOREGOING ENTITIES. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) COMPANY IS NOT RESPONSIBLE FOR THE ACCURACY, VALIDITY, TIMELINESS, COMPLETENESS, RELIABILITY, INTEGRITY, QUALITY, LEGALITY, USEFULNESS OR SAFETY OF ANY THIRD-PARTY PRODUCTS, SERVICES OR MATERIALS; (B) THE SERVICE AND ANY RELATED PRODUCTS, SERVICES OR MATERIALS, INCLUDING CLARITY CREDIT SCORE MONITORING AND CLARITY MONEY SAVINGS FEATURE, 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 (C) COMPANY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICE AND ANY RELATED PRODUCTS, SERVICES AND MATERIALS (INCLUDING PRODUCTS, SERVICES AND MATERIALS OF ANY THIRD PARTY), 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 Service, we do not guarantee that the Service is or will remain updated, complete, correct or secure, or that access to the Service will be uninterrupted. The Service may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Service. If you become aware of any such alteration, contact us at support@claritymoney.com with a description of such alteration and its location on the Service.

  22. 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 SERVICE, FROM ANY PRODUCTS OR THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH, OR FROM ANY PRODUCTS, SERVICES OR MATERIALS OFFERED BY, AND ANY ACTS OR OMISSIONS OF, ANY THIRD PARTIES, INCLUDING DWOLLA, WELLS FARGO BANK, N.A. OR ANY OTHER BANK WITH WHICH WE WORK, CIC, BILLSHARK, BILLFIXER, ACORN ADVISOR LLC OR ANY THIRD-PARTY PROVIDERS; (C) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE OR ANY PRODUCTS OR THIRD PARTY MATERIALS IS TO STOP USING THE SERVICE; 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 SERVICE; AND (II) TEN U.S. DOLLARS ($10.00).

    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.

  23. 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 Service (including all Submissions); and (b) any violation or alleged violation of this Agreement by you.
  24. Termination. This Agreement is effective until terminated. Company may terminate or suspend your use of the Service 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 Service 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, 13–16 and 18–31 shall survive any expiration or termination of this Agreement.
  25. 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.

    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.

  26. Filtering. We hereby notify you that parental control protections (such as computer or mobile device 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.
  27. Information or Complaints. If you have a question or complaint regarding the Service, please send an email to support@claritymoney.com. You may also contact us by writing to Clarity Money, 599 Broadway, 10th Floor c/o TH Productions New York, NY 10012, 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.
  28. Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Service infringe your copyright, you (or your agent) may send to Company a written notice by mail, e-mail or fax, requesting that Company remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to Clarity Money’s Copyright Agent as follows: By mail to Clarity Money Eric Stone at 599 Broadway, New York, NY 10012; by e-mail to copyrightagent@claritymoney.com. Clarity Money’s phone number is 917-546-3915. We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
  29. 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.
  30. 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. You acknowledge that Dwolla, Wells Fargo Bank, N.A., all other banks with which we work, CIC, BILLSHARK, BILLFIXER, Acorn Advisor LLC, all Third-Party Providers and any other third parties referenced in this Agreement that provide any products, services or materials in connection with the Service are independent contractors of Company and not partners of 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 available through the Service 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.
  31. 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.

Site © 2017 Clarity Money, Inc. unless otherwise noted. All rights reserved.

Clarity Money © 2017 Clarity Money, Inc. unless otherwise noted. All rights reserved.