Last Updated: February 16th, 2018
These Terms are between you and Clarity Money, Inc., including any successors, assigns, agents and service providers (“Company,” “we,” “us,” and “our”) concerning your use of (including any access to) the Clarity Money site currently located at https://claritymoney.com and https://app.claritymoney.com (together with any Products and Third Party 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 Products and Third Party Services available therein, and successor app(s) thereto, the “App,” and, together with the Site, the “Service”). These Terms hereby incorporate 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 OR ACCESSING THE SERVICE, YOU AFFIRM YOU ARE AT LEAST 18 YEARS OF AGE.
This Consent will be effective until you tell us that you no longer want to receive Documents electronically by sending us notice in the manner described in the section of this Consent titled “Withdrawing Your Electronic Acceptance of Documents.”
Electronic Delivery of Documents. You consent and agree:
You agree we can send all Documents to you electronically via email; by access to a site or link we provide in an email notice we send to you when the information is available; or, to the extent permissible by law, by access to a mobile app or site we designate in advance for such purpose. You agree Documents provided electronically have the same meaning and effect as if we provided paper documents to you. When we send you an email or other electronic notification telling you a Document is available electronically and we do in fact make it available online, that shall have the same meaning and effect as if we provided a paper Document to you, whether or not you choose to view it.
You also confirm you have the hardware and software described in the section of this Consent titled “Hardware and Software You Will Need”, you are able to receive and review electronic records, and you have an active email account.
Email Address. You must keep your email or electronic address current with us. You must promptly notify us of any change in your email or other electronic address. You may change the email address on record for you by contacting us at firstname.lastname@example.org. We may provide you with separate instructions to update your email address from time to time. You agree if we send an email message to you regarding any electronic communication or send any electronic communication to the email address you have provided us and such email message is returned as undeliverable, we will be deemed to have provided such electronic communication to you.
Hardware and Software You Will Need. To use the Service and view Documents, you will need:
By “Current Version,” we mean a version of the software we support and that is currently being supported by its publisher or the applicable platform (e.g., Apple’s iOS). We support the Current Version and for a period of time (at least three months), the version immediately prior to the Current Version of Firefox, Google Chrome, Microsoft Edge and Safari.
As permitted by and in accordance with applicable law, we reserve the right to discontinue support of a Current Version of software for any reason, including our opinion that it suffers from a security or other flaw that makes it unsuitable for use with the Service. And we always reserve the right, in our sole discretion, to communicate with you by mail.
Withdrawing Your Electronic Acceptance of Documents. You understand you have the right to receive Documents in paper form. You can request paper copies and/or withdraw consent by contacting us at our Notice Address.
Any withdrawal of your consent to receive electronic Documents will be effective only after we have a reasonable period of time to process your withdrawal. If you withdraw your consent, you may not be able to use certain online functionality with respect to your Products or complete actions with respect to your Products. Specifically, withdrawing your consent will result in termination of your participation in the Clarity Money Savings feature, which may take up to 30 days from when we receive your withdrawal of consent, as described in the section of these Terms titled “Clarity Money Savings.”
“Notice Address” means Clarity Money, Inc. c/o TH Productions, 599 Broadway, 10th Floor New York, NY 10012.
“Products” means the financial educational information and any other products or services provided by us through the Service, including any application or information relating to such products or services. The term “Products” does not include Third Party Services offered through the Service.
“Third Party Services” means those products and services provided by a third party provider that we may make available to you through the Service.
“You” or “your” means any user of the Service.
When the word “including” or “includes” are used in these Terms they mean “including but not limited to” or “includes but is not limited to”.
You agree to provide accurate, current and complete information when you register as a user of the Service and when you sign up for a Third Party Service. You further agree to promptly update Your Personal Information when it changes.
Product and Third Party Service Terms. We may, from time to time and subject to these Terms, make Products available to you through the Service, including the features and services described below. The Service may provide Product listings, descriptions and images of goods or services or related coupons or discounts, as well as references and links to such Product. Products may be made available for any purpose, including general information purposes.
We will continue to automatically withdraw funds from your linked bank account to hold in the custodial account, unless you tell us to stop by using the Service to pause your Savings or to terminate your participation in Savings or we are not able to process your transfer (e.g., if there are insufficient funds in your linked account). You are solely responsible for ensuring your selected bank account has sufficient funds for each withdrawal at the time such funds are withdrawn. You are also responsible for ensuring each savings amount designated by you is appropriate for your particular situation. If you do not have sufficient funds in your selected bank account, you may incur an insufficient funds or overdraft fee from your bank, and we bear no liability for any fee that may be imposed by your bank.
This Savings feature is not a savings account and you will not earn any interest on your Savings funds. We do not charge any fees to use this feature. You remain the legal owner of the funds held for your benefit in the custodial account. However, you may not use your funds in your Savings while held in the custodial account to make any purchases, withdraw cash (other than to transfer your funds back to your linked bank account), transfer funds to any third party, or for any other purpose. We have no interest in or ownership of your Savings funds.
We will hold your Savings funds for your benefit in a non-interest bearing custodial account we have established for your benefit at our bank partner, Wells Fargo Bank, N.A. or another FDIC-insured financial institution we may select. We may from time to time move your Savings funds from the custodial account at Wells Fargo Bank, N.A. (or other insured depository institution) to a custodial account at another insured depository institution, for liquidity, backup, storage or other lawful purposes, but this will not affect your ability to access your Savings funds, and you remain the legal owner of your funds held in the custodial account. Funds deposited in the Savings feature are insured by the FDIC up to the maximum allowed by law, which is currently $250,000 per for an individually-owned account and $250,000 per owner for jointly owned accounts. The FDIC insures deposits according to the ownership category in which the funds are insured and how the accounts are titled. For questions about FDIC insurance coverage, you may call the FDIC at 877-275-3342 or visit the FDIC’s site at www.fdic.gov.
Your Savings funds will remain in the custodial account until you instruct us to transfer your funds back to your linked bank account. It may take up to 5 Business Days from when we receive your request to complete the transfer. It is important for you to know the amount of funds you have saved before you request a transfer to your linked bank account. If you instruct us to transfer your funds back to your linked bank account and the amount of your requested transfer exceeds the amount of your Savings funds, your request will be declined. You may check your Savings fund balance and initiate a transfer back to your linked bank account at any time by accessing your Savings through the Service. You authorize us to transfer your funds back to your selected bank account without notice to you if you terminate your participation in Savings, if we are required to do so under applicable law or by any government agency, or if we, in our sole discretion, suspect that your use of Savings is for illicit purposes or otherwise is in violation of these Terms.
We may also, from time to time, make Third Party Services available to you through the Service, including the services described below. We do not control or endorse, nor are we responsible for, any Third Party Services, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Services, or any intellectual property rights therein. Certain Third Party Services may, among other things, be inaccurate, misleading or deceptive. Nothing in these Terms shall be deemed to be a representation or warranty by us with respect to any Third Party Services. We have no obligation to monitor Third Party Services, and we may block or disable access to any Third Party Services (in whole or part) through the Service at any time. In addition, the availability of any Third Party Services through the Service does not imply our endorsement of, or our affiliation with, any provider of such Third Party Service, nor does such availability create any legal relationship between you and any such provider. YOUR USE OF ANY THIRD PARTY SERVICE IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY SERVICE (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY SERVICE). Refer also to Section 11 of these Terms for more information about Third Party Sites.
Advertising Disclosure. We may receive compensation (such as a referral fee) from a third party provider when you obtain, apply for, or are approved for a Third Party Service offered by that third party provider through the Service.
Electronic Fund Transfer (“EFT”) Authorization. We may offer you EFT services that can be accessed through the Service, including the option to transfer funds to and from your Savings by EFT. EFT services involve us initiating one or more electronic debits from a deposit account you specify (the “Account”). This Authorization applies to any EFT services we offer.
Services and Timing. The only EFT services we currently offer are EFTs that enable you to fund and withdraw from your Savings. If you choose to make recurring transfers by EFT to your Savings, you authorize us to initiate recurring debits to your Account for the amount you specify on or after the dates you specify at the time of enrollment. If a transfer you have authorized is returned unpaid, you authorize us to seek that transfer up to two additional times. If you authorize a one-time EFT transfer from your Savings, you authorize us to debit your Savings for the amount you select, on or after the date you choose.
Business Days. Our business days are Monday through Friday, excluding federal holidays (“Business Days”). If you have agreed to make a transfer through our EFT services and your transfer date falls on a day that we do not process EFTs, we will initiate your transfer on the next Business Day.
Canceling This Authorization. If you wish to cancel this Authorization (and have us stop any and all EFT transfers you have scheduled), write to us at our Notice Address or contact us at email@example.com. You must notify us of your desire to cancel this Authorization in such time and manner so as to give us and your depository institution a reasonable opportunity (typically 3 Business Days after our receipt of your cancellation) to act on your request. In addition, we reserve the right to cancel this Authorization in our sole discretion, including in the event you pause your Savings, terminate your participation in Savings, we are not able to process your transfer, if we are required to do so under applicable law or by any government agency, of we suspect your use of Savings is for illicit purposes or otherwise in violation of these Terms.
In Case of Error or Questions About Electronic Debits, write to us at our Notice Address or contact us at firstname.lastname@example.org as soon as possible. We must hear from you no later than 90 days after your depository institution sends you the FIRST statement of your Account that shows the problem. When communicating with us regarding an alleged error:
If you tell us orally, we may require that you send your complaint or question in writing within 10 Business Days.
We will determine whether an error occurred within 10 Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we need more time, we will credit your Account within 10 Business Days for the amount you think is in error, so you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not credit your Account.
We will tell you the results within 3 Business Days after completing our investigation. If we decide there was no error, we will send you a written explanation and reverse any provisional credit we provided to you. You may ask for copies of the documents we used in our investigation.
Our Liability for Failure to Process or Stop Electronic Debits. We will be liable for your losses or damage if (a) a transaction is not completed as you direct; (b) we do not complete a transfer to or from your bank account on time or in the correct amount; or (c) you have requested we stop a debit at least 3 Business Days before the scheduled date of the transfer and we fail to do so. However, there are some exceptions. We will not be liable to you in the following instances:
Liability for Unauthorized Electronic Debits. So long as you notify us of any errors in a timely fashion, we will not hold you liable for an EFT we process if you have not authorized the EFT. Please refer to the section of this Authorization titled “In Case of Error or Questions About Electronic Debits” to find out how to contact us if you have a question or believe we made an error.
Authorization to Correct Errors. If we make an error in making or seeking any transfer you authorize, you authorize us to correct the error. We will correct the error by initiating an electronic debit or credit, as applicable, to the Account. The debit or credit will be in the amount of the error and will be made on or after the date any such error occurs.
Limitations. Each day, you may make only one one-time EFT transfer. If you initiate a recurring EFT on our Service, the EFT may not be for an amount greater than $1,000. Additionally, the total of all EFTs for one day may not exceed $1,000.
Fees. We do not charge any fees for processing EFTs.
Authorization to Vary Amount of Payment. If any recurring debit will vary from the amount you authorize, we will send you written notice of the varying amount at least 10 days before we debit your Account.
Confidentiality. We will not disclose any information about your Account or EFTs except in the following circumstances:
We are not obligated to review Account Information for any purpose, including accuracy, legality, or non-infringement. You agree we and our third party service provider shall be entitled to rely on the foregoing authorization granted by you. If you wish to revoke the foregoing authorization for a particular linked account, you must unlink the account from the Service.
You represent and warrant you are a legal owner of, or you are authorized to provide us and our third party service provider with, all Account Information, and have the right to grant the permissions set forth herein, and our third party service provider’s exercise of its rights set forth herein will not violate any applicable laws or third party rights. You understand and agree the Service is not sponsored or endorsed by, or affiliated with, any third parties, including any financial institution that holds the account you may choose to link to the Service.
User Content. The Service may enable you to transmit, post, communicate or otherwise make available text, photos, videos, links, information, ideas, suggestions, content and other materials (“User Content”), including through the Service’s interactive features or functionality, such as chat features, message boards, forums and other communications tools. User Content may be accessible to and viewable by other users of the Service and the public. We do not claim ownership to User Content; however, by uploading or posting to the Service, 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, transmit, print, publish, distribute, index, exhibit, perform, display (publicly or otherwise), create derivative works of, adapt, modify, translate, comment on, use, analyze and otherwise exploit User Content for any purpose, including the right to use your name and likeness as contained therein, in whole and in part, in any format, media or channels now known or hereafter developed (including in connection with the Service and on third party applications, sites and platforms such as Facebook, Twitter and YouTube), without further notice to you and without further requirement of permission from or payment to you or any other person or entity. You acknowledge and agree that we may use any ideas, concepts, know how or techniques contained in User Content for any purposes whatsoever, including in advertising or informational articles.
You are solely responsible for User Content. This means you, and not us, are entirely responsible and liable for any claims, loss or damages relating to User Content. When you post User Content, you represent and warrant you have permission to do so, including permission from any third parties whose names or likenesses are included.
In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Service, a Product or otherwise, such Feedback will be deemed to be User Content, and you hereby acknowledge and agree such Feedback is not confidential, and your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place us under any fiduciary or other obligation.
You represent and warrant you have all rights necessary to grant the licenses granted in this section, and User Content, 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 other rights with respect to attribution of authorship or integrity of materials regarding User Content you may have under any applicable law under any legal theory.
A Few Rules of the Road Regarding User Content. We do not endorse or control User Content, so we have to ask that you follow a few rules:
Information Made Available Through The Service or Third Party Sites. You are permitted to use the tools, content, information, links or materials made available to you on or through the Service, including through any Products (“Service Information”) only for your own personal use and not for any commercial or business purposes. You are not permitted to publish, transmit or otherwise reproduce any Service Information in any format without our express written consent. In addition, you are not permitted to change, hide or remove any copyright, trademark or any other notices contained on the Service. We reserve the right, in our sole discretion, to add, change or remove any Service Information at any time and from time-to-time. These Terms do not provide you with any rights to any Service Information other than those specifically described in these Terms. All rights not expressly granted in these Terms are reserved by us or the third party providers of any Service Information.
The Service may contain links and other functionality that connect with certain sites and applications not provided by us, including social media sites and sites hosted by a Third Party Service provider (“Third Party Sites”). We are providing these links and functionality solely as a convenience to you. We are not responsible for and have no liability for the content, features, products, services, privacy policies or terms of service of any Third Party Sites. The fact that we have provided a link to a Third Party Site is not an endorsement of that Third Party Site (including any information or content made available throughout such site) or its owners, sponsors or operators. We have not tested all information, software or products found on any Third Party Site and therefore do not make any representations about those sites or any associated products or services.
EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY (A) YOUR RELIANCE ON ANY SERVICE INFORMATION INCLUDING ANY OPINION, ADVICE, PRODUCT, SERVICE, CONTENT OR OTHER INFORMATION AVAILABLE THROUGH THE SERVICE OR ANY THIRD PARTY SITE; OR (B) YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE, PRODUCT, SERVICE, CONTENT OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE SERVICE OR OBTAINED FROM A THIRD PARTY SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, CONTENT OR OTHER INFORMATION CONTAINED ON THE SERVICE OR ANY THIRD PARTY SITE.
Acceptable Use. You accept sole responsibility for all of your activities using the Service. You may not use the Service in a manner that:
Warranties; Disclaimers. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, CONCERNING THE SERVICE, ANY PRODUCT OR ANY THIRD PARTY SERVICE. THE SERVICE AND PRODUCTS PROVIDED BY US ARE PROVIDED ON AN “AS IS” BASIS. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, INCLUDING ANY WARRANTY WITH RESPECT TO THE CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS OR CONTINUED AVAILABILITY OF THE SERVICE, ANY SERVICE INFORMATION, PRODUCTS OR THIRD PARTY SERVICES. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS) ARE MADE FOR THE BENEFIT OF BOTH CLARITY MONEY, INC. AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. PROVIDERS OF THIRD PARTY SERVICES MAY HAVE ADDITIONAL OR DIFFERENT WARRANTIES REGARDING THEIR THIRD PARTY SERVICES.
THE SERVICE INFORMATION, ACCOUNT INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTIONS OF PRODUCTS, OR THIRD PARTY SERVICES AND DESCRIPTIONS OF THIRD PARTY SERVICES, PUBLISHED OR MADE AVAILABLE THROUGH THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE SPECIFICALLY DISCLAIM ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. If you believe that Account Information made available through the Service is inaccurate or outdated, then you should contact the financial institution or other company that maintains the Account Information. WE DO NOT WARRANT OR REPRESENT THAT THE INFORMATION MADE AVAILABLE THROUGH THE SERVICE IS COMPLETE, CORRECT, SECURE OR UP-TO-DATE. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY AND WE DO NOT HAVE ANY OBLIGATION TO UPDATE THAT INFORMATION. WE DO NOT WARRANT OR REPRESENT THAT WE WILL BE ABLE TO RETRIEVE YOUR ACCOUNT INFORMATION. THE SERVICE INFORMATION AND AVAILABILITY OF THE SERVICE, ANY PRODUCT OR ANY THIRD PARTY SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. WE DO NOT REPRESENT OR GUARANTEE THAT THE SERVICE, ANY PRODUCT OR ANY THIRD PARTY SERVICE WILL BE AVAILABLE OR FREE FROM LOSS, ATTACK, HACKING OR OTHER SECURITY INTRUSION.
Products are provided for free and are for educational and informational purposes only. We are not a credit repair organization as defined under federal or state law, including the Credit Repair Organizations Act and we do not provide “credit repair” services or advice or assistance regarding “rebuilding” or “improving” your credit. We make no representation we will improve or attempt to improve your credit record, history, or rating. Any information provided by or through the Products (including any Service Information) do not, and should not be construed to, constitute or provide any financial, investment, legal, accounting, tax or other advice. We encourage you to consult a financial, investment, legal, accounting or tax advisor with respect to any such issues.
Digital Millennium Copyright Act Notice – How to Provide Notice of Alleged Copyright Infringement. You may not use the Service for any purpose or in any manner that infringes the rights of any third party. In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA“), we have a designated agent for receiving notices of copyright infringement and we follow the notice and take down procedures of the DMCA. We may terminate your access to the Service in the event of repeated violations.
Procedure. If you believe your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following information as required by the DMCA: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works on the Service; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you (e.g., your name, email address and phone number); (e) a statement you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove any allegedly infringing material. Please direct copyright infringement notifications to our DMCA Agent by email to email@example.com or by mail to our Notice Address. Our DMCA Agent’s phone number is 917-546-3915.
Applicable Law. Except as provided in subsection (a) below, these Terms shall be governed by and construed in accordance with federal law and any applicable laws of the State of Utah without regard to rules concerning conflicts of law or choice of law.
Accessibility. We are committed to making the Service accessible to our customers and the public, including individuals with disabilities. Please direct accessibility-related inquiries to our Americans with Disabilities Act (”ADA”) Coordinator by email at firstname.lastname@example.org to learn more about our accessibility support services.
Reasonable Accommodations. Individuals who need a reasonable accommodation to access the Service should send an inquiry to our ADA Coordinator by email at email@example.com. Requesters will need to provide the nature of the requested accommodation. Requesters should include the type of device the requester is using, as well as contact information such as an email address or telephone number at which they can be reached. Depending on the nature of the request, we may need significant advance notice to provide a reasonable accommodation.
Feedback. In the event a user with a disability experiences accessibility issues with the Service, please contact our ADA Coordinator by email at firstname.lastname@example.org. In your communication to us, please specify the nature of the accessibility difficulty, including the portion of the Service that may have presented an accessibility challenge, as well as the type of device the requester is using.
Third Party Sites. The Service contains links to Third Party Sites. We do not make any representations with regard to the accessibility of Third Party Sites and are not able to remediate accessibility barriers on such sites.
© 2018 Clarity Money unless otherwise noted. All rights reserved.