CLARITY MONEY® TERMS OF USE

LAST MODIFIED: SEPTEMBER 24^th, 2018

PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS POSTED TO THE SERVICE FROM TIME-TO-TIME. IF YOU DO NOT AGREE TO THESE TERMS OR ANY MODIFIED VERSION, STOP USING THE SERVICE IMMEDIATELY.

BY USING OR ACCESSING THE SERVICE, YOU AFFIRM YOU ARE AT LEAST 18 YEARS OF AGE.

TABLE OF CONTENTS

• SECTION 1. DEFINITIONS
• SECTION 2. E-SIGN CONSENT TERMS
• SECTION 3. GENERAL
• SECTION 4. CHANGES; CONFLICTS
• SECTION 5. ELIGIBILITY
• SECTION 6. LICENSE
• SECTION 7. PRODUCT AND THIRD PARTY SERVICE TERMS
• SECTION 8. TERMS SPECIFIC TO ACCOUNT LINKING
• SECTION 9. USER CONTENT
• SECTION 10. INFORMATION MADE AVAILABLE THROUGH THE SERVICE OR THIRD PARTY SITES
• SECTION 11. ACCEPTABLE USE
• SECTION 12. TERMINATION
• SECTION 13. PROTECTING YOUR DEVICES AND USER ACCOUNT
• SECTION 14. WARRANTIES; DISCLAIMERS
• SECTION 15. NO LIABILITY
• SECTION 16. SYSTEM OUTAGES, SLOWDOWNS AND CAPACITY LIMITATIONS
• SECTION 17. MARKS, APPLICATION AND CONTENT
• SECTION 18. DMCA
• SECTION 19. NEW JERSEY STATE DISCLOSURE
• SECTION 20. ADDITIONAL TECHNOLOGY
• SECTION 21. SEVERABILITY / NO WAIVER
• SECTION 22. APPLICABLE LAW
• SECTION 23. FILTERING
• SECTION 24. ACCESSIBILITY
• SECTION 25. CONTACT US
• SECTION 26. EXPORT CONTROLS
• SECTION 27. APPLE-SPECIFIC TERMS
• SECTION 28. PATRIOT ACT

These Terms of Use are between you and Clarity Money, Inc., including any successors, assigns, affiliates, 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 of Use hereby incorporate by this reference any additional terms and conditions made available by us through the Service, or otherwise made available to you by us (collectively, the “Terms”).

• SECTION 1.      DEFINITIONS.

  “Notice Address” means Clarity Money, Inc., c/o Marcus by Goldman Sachs, P.O. Box 45400, Salt Lake City, Utah 84145-0415.

  “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.”

• SECTION 2.      E-SIGN CONSENT TERMS.

  PLEASE READ THESE E-SIGN CONSENT TERMS (“CONSENT”) CAREFULLY AND RETAIN A COPY FOR YOUR RECORDS. THIS CONSENT APPLIES TO ALL DISCLOSURES, AGREEMENTS, STATEMENTS, NOTICES AND OTHER DOCUMENTS RELATED TO THE SERVICE (“DOCUMENTS”).

  1. 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.”
  2. Electronic Delivery of Documents. You consent and agree:
     1. We can provide all Documents to you electronically, including all disclosures required by law and other information about your legal rights and duties;
     2. Your electronic signature on any Documents has the same effect as if you signed them in ink; and
     3. Your computer or electronic device meets the specifications and requirements listed below, and that such computer or device permits you to access and retain the Documents electronically.

     You agree we can send all Documents to you via traditional mail or electronically via (i) email; (ii) by access to a site or link we provide in an email notice we send to you when the information is available; or, (iii) 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. And we always reserve the right, in our sole discretion, to communicate with you by mail.

     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.

  3. 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 support@claritymoney.com. 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.
  4. Hardware and Software You Will Need. To use the Service and view Documents, you will need:
     1. A Current Version (defined below) of an Internet browser we support or a Current Version of the App;
     2. A connection to the Internet;
     3. A Current Version of a program that accurately reads and displays PDF files (which may be either a browser that supports native PDF rendering or a program such as Adobe Acrobat Reader); and
     4. A computer or electronic device and an operating system capable of supporting all of the above.

     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.

  5. 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. For example, 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.

• SECTION 3.      GENERAL.
  1. By downloading the App, accessing and/or using the Service, you are agreeing to these Terms. These Terms apply to any use by you of the Service. For example, these Terms apply: (a) when you download the App to a device, even if you don’t register to use the App; (b) when you access or use the Service on a computer or device, even if you don’t register to use the Service; (c) when you register as a user of the Service; or (d) when you sign up for one or more Third Party Services. If you sign up for a Third Party Service, you may be required to acknowledge and agree to be bound by additional terms and policies for that Third Party Service.
  2. 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.
  3. Some functionality of the Service (including Third Party Services) will involve the collection and transmission of information that personally identifies you (including information that we obtain directly from your computer or device) or your Account Information (as defined in Section 8) (collectively “Your Personal Information”). Please review our Privacy Policy and Privacy Notice and any privacy notice or disclosure relating to the Third Party Service you apply for or obtain through the Service for more information about how we or our third party providers collect, use and share Your Personal Information. By using the Service, you are consenting to the Service’s Privacy Policy.

• SECTION 4.      CHANGES; CONFLICTS.

  We reserve the right, at any time without notice to you and in our sole discretion, to change or discontinue all or any portion of the Service, the availability of any Products or Third Party Services, or the Terms. We may modify these Terms from time-to-time by notifying you of such modifications by any reasonable means, including by posting revised Terms through the Service. Continued access to or use of the Service or the applicable Products or Third Party Services following such modifications constitutes your acceptance of those modifications. Any such modifications will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such modifications.

• SECTION 5.      ELIGIBILITY.

  You must be an individual of at least 18 years of age and reside in the United States or on a United States military base or in a United States territory in order to use the Service. The Service is controlled or operated (or both) from the United States, and is not intended to subject us to any non-U.S. jurisdiction or law. The Service may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Service 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.

• SECTION 6.      LICENSE.
  The Service is licensed (not sold) to end users. Subject to these Terms, we grant to you a personal, non-exclusive, non-transferable, limited and revocable license to access the Service for your own personal use and not for any commercial or business purpose (“Your License”).

• SECTION 7.      PRODUCT AND THIRD PARTY SERVICE TERMS.
  1. 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.

     1. Savings. If you enrolled in the Clarity Money Savings feature prior to the Last Modified date indicated above and choose not to convert your existing Savings to your Marcus Online Savings Account, continued access to or use of the Savings feature will remain subject to the Previous Version of Terms of Use (Section 7).

        When you enroll in the Savings feature we can help you save towards one or more savings goals designated by you. By enrolling in Savings on or after the Last Modified date indicated above, the Savings feature will automatically withdraw funds from a linked bank account that you select during enrollment, in the amount and in such frequency (such as weekly or monthly) as you designate during enrollment, subject to the Marcus Electronic Funds Transfer “EFT” Authorization to which you agree when you enroll in Savings. Your funds will be transferred to your Marcus Online Savings Account as described below.

        The Savings feature will continue to automatically withdraw funds from your linked bank account to your Marcus Online Savings Account unless you tell us to stop and terminate your participation in Savings. If your transfer is not able to be processed (e.g., if there are insufficient funds in your linked account or your Marcus Online Saving Account is closed), we may cancel your transfer instructions. You are solely responsible for ensuring your selected bank account has sufficient funds for each withdrawal at the time such funds are withdrawn. Your transfer may not be processed if we cannot determine that there are sufficient funds available in your selected bank account at the time such funds are withdrawn and we bear no liability for dishonoring a transfer if we do not believe you have sufficient funds to cover it. 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.

        The Savings feature will transfer your funds to your Marcus Online Savings Account and you will earn the stated annual percentage yield according to the Marcus Deposit Account Agreement. We do not charge any fees to use this feature. You remain the legal owner of the funds held in your Online Savings Account and those funds may be used subject to the Marcus Deposit Account Agreement. We have no interest in or ownership of your Online Savings Account.

        Your Savings funds will be transferred to your Marcus Online Savings Account in an interest-bearing account we have established for you at Goldman Sachs Bank USA. Funds deposited in the Online Savings Account are insured by the FDIC up to the maximum allowed by law, which is currently $250,000 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 your Marcus Online Savings Account until you withdrawal them subject to the Marcus Deposit Account Agreement. You may check your Online Savings Account balance and manage your transfers by accessing your Savings through the Service or visiting www.marcus.com. We may terminate your participation in Savings without notice to you 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.

     2. Clarity Credit Score Monitoring. We work with a third party provider, ConsumerInfo.com, Inc., to offer you the Clarity Credit Score Monitoring feature and related services provided by ConsumerInfo.com, Inc. and its affiliates (“CIC”). By using Credit Score Monitoring or related services provided by CIC, you authorize CIC to provide you with your credit score and other credit information through the Service, subject to CIC’s terms of service. You further authorize us to use this information as provided to you by CIC, in order to identify offers for you through the Service, including third party offers. There is no fee to use this feature.
     3. Bill Cancellation. We work with a third party provider, Keen Group Solutions, LLC (“BillShark”), to assist you with cancelling a recurring subscription. When you use the Bill Cancellation feature, you authorize BillShark to act as your agent to contact your service provider and cancel your recurring subscription on your behalf. When using this feature, you agree to BillShark’s terms and conditions. There is no fee to use this feature.
  2. 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. 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 10 of these Terms for more information about Third Party Sites.
     1. Acorns Services. We may enable you to access investment services offered by Acorns Advisor LLC (“Acorns”). Your use of this service is subject to Acorns’ terms and conditions. We do not charge a fee in connection with your use of Acorns’ service. We will receive compensation from Acorns for each referred account that is opened and holds securities for which Acorns provides investment advice. Acorns charges fees for use of its services and, before obtaining such services, you should obtain information regarding any fees or other charges that may be charged.
     2. SoFi. We may enable you to access student loan refinancing products and services offered by Social Finance, Inc. (“SoFi”) and subject to SoFi’s terms and conditions. We do not charge a fee in connection with your use of SoFi’s products and services. We will receive compensation from SoFi for each referred user who obtains a loan from SoFi. SoFi charges fees for use of its products and services and, before obtaining such products or services, you should obtain information regarding any fees or other charges that may be charged.
     3. Lemonade. We may enable you to access renters and home insurance products and services offered by Lemonade Inc. (“Lemonade”) and subject to Lemonade’s terms and conditions. We do not charge a fee in connection with your use of Lemonade’s products and services. We will receive compensation from Lemonade for each referred user who obtains an insurance quote from Lemonade. Lemonade charges fees for use of its products and services and, before obtaining such products or services, you should obtain information regarding any fees or other charges that may be charged.
     4. Credit Card Offers. We may enable you to access credit card products offered by our referral partners and subject to their applicable terms and conditions. We do not charge a fee in connection with your use of these products. We will receive compensation from our partners for each referred user. Our credit card partners may charges fees for use of its products and, before obtaining such products, you should obtain information regarding any fees or other charges that may be charged.
     5. Credit Report Authorization. You understand and agree that, in connection with any request you make for loan offers (a “Request”) from Third Party Service providers through the Service, you authorize us to send on your behalf information about you to one or more such Third Party Service providers and you authorize each such Third Party Service 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.

• SECTION 8.      TERMS SPECIFIC TO ACCOUNT LINKING.
  1. By linking any of your accounts or information held by us or any third parties to the Service, such as by choosing to link an account to the Service (a “Linked Account”), you authorize and direct us and/or our Data Aggregators (defined below) to access third party sites, databases and other services relating to the Linked Account, to access, retrieve and use your account information or other information you direct us to access on an ongoing basis (“Account Information”). We may use the services of a third party service provider to access your Account Information, (these third parties are referred to as “Data Aggregators”). In some situations, this may include (a) authorizing us (either directly or through our Data Aggregator) to share your account login credentials or other information and (b) granting us (either directly or through our Data Aggregator) full power and authority to take any additional steps, all as necessary to access, retrieve and use your Account Information in accordance with these Terms and our Privacy Policy. You acknowledge and agree that (w) when we or our Data Aggregator access, retrieve and use Account Information, we are acting as your agent, and not as the agent of or on behalf of any other party; (x) if we use a Data Aggregator to access your Account Information, that Data Aggregator will provide to us, on your behalf, your Account Information for our use in connection with the Service, including to respond to your inquiries, fulfill your requests, provide you with customer service, and identify offers from us and third parties that may be of interest to you; (y) we and our Data Aggregator may each use, modify, display, distribute and create new material using your Account Information to offer Products and Third party Services to you and as otherwise described in our Privacy Policy; and (z) we and our Data Aggregator may each use, sell, license, reproduce, modify, distribute and disclose aggregate or non-personally identifiable information derived through your use of the Service, including any Account Information obtained pursuant to the authorization above, for any purpose. Please refer to our Privacy Policy for information on how we use, maintain, and share your Account Information.
  2. We are not obligated to review Account Information for any purpose, including accuracy, legality, or non-infringement. You agree we and our Data Aggregator 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.
  3. You represent and warrant you are a legal owner of, or you are authorized to provide us and our Data Aggregator 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.

• SECTION 9.      USER CONTENT.
  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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:
     1. User Content Must Comply with Our Acceptable Use Policy. Don’t post content or materials that are obscene or that promote illegal activity, or that defame, abuse, harass, threaten or otherwise violate the legal rights of others (including rights of privacy and publicity). Any content or materials containing things like hate speech, nudity and violence (as examples) is strictly prohibited.
     2. User Content Must Be Yours. This means you have created the content or materials containing User Content and, where applicable, you must have permission from everyone whose name or likeness is contained in your content or materials to share such content or materials. User Content should not contain any visible logos, phrases or trademarks or other third party materials. Do not post any content or materials that belong to a third party (including any content that you might have found elsewhere on the Internet).
     3. User Content Must Be Accurate and Truthful. Do not impersonate any other user, person or company or upload or post any content or materials that you know is inaccurate, fraudulent, or deceptive. If you are not authorized to speak on behalf of Company, please do not do so. Anything you say or post on the Service should reflect your true opinions or experiences.
     4. User Content Must Not Include Sensitive Information. Please avoid including your sensitive personal information (such as your social security number, credit card number, etc.) in any User Content posted on the Service.
     5. User Content Must Not Be Commercial. Don’t post advertisements, offers, or other commercial content designed or intended to sell your or a third party’s goods or services.
  6. No Obligation to Monitor User Content. We may and expressly reserve the right (but have no obligation) to monitor, scan, intercept, review, analyze, record, store, evaluate, alter or remove User Content (and any messages, information, content or other materials sent to you, or received by you, in connection with the Service or its features or functionalities, including chat functionality), at any time, including while it is in transit, and before and after it is stored or made available through the Service, and to monitor, review, analyze or evaluate your access to or use of the Service (including any Service features or functionalities), in each case by manual, automated or other means, and in each case for any purpose (including analytics, advertising (including sharing with ad brokers), marketing and any purposes as may be described in the Service’s Privacy Policy.

• SECTION 10.      INFORMATION MADE AVAILABLE THROUGH THE SERVICE OR THIRD PARTY SITES.
  1. 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.
  2. 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. 
  3. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY (I) 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 (II) 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.
  4. 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 these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. These Terms will apply to any Promotions; however, if the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.

• SECTION 11.      ACCEPTABLE USE.
  1. You accept sole responsibility for all of your activities using the Service. You may not use the Service in a manner that:
     1. Uses technology or other means not authorized by us to access the Service Information or our systems;
     2. Uses or launches any manual or automated device or system, including “robots,” “spiders,” or “offline readers,” to (a) retrieve, index, “scrape,” “data mine,” access or otherwise gather any Service Information or our systems; (b) reproduce or circumvent the navigational structure or presentation of the Service; or (c) otherwise harvest or collect information about users of the Service;
     3. Reverse engineers, decompiles or disassembles any portion of the Service, except where such restriction is expressly prohibited by applicable law;
     4. Attempts to introduce viruses or any other computer code, files, or programs that interrupts, destroys, or limits the functionality of any computer software, hardware, or telecommunications equipment;
     5. Attempts to gain unauthorized access to our computer network or user accounts; 
     6. Encourages conduct that would constitute a criminal offense or that gives rise to civil liability; 
     7. Harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of us or any other party (including rights of publicity or other proprietary rights);
     8. Is unlawful, fraudulent, or deceptive; 
     9. Attempts to damage, disable, overburden, or impair our servers or networks;  
     10. Reproduces, modifies, adapts, translates, creates derivative works of, sells, rents, leases, loans, timeshare, distributes or otherwise exploits any portion of (or any use of) the Service except as expressly authorized herein, without our express prior written consent;
     11. Fails to comply with applicable third party terms; or
     12. Otherwise violates these Terms.

• SECTION 12.      TERMINATION.

  Subject to applicable law and the terms of any Product, we reserve the right, in our reasonable discretion, to terminate Your License, your use of the Service, your user account or any Product provided to you and to assert our legal rights with respect to content or use of the Service we reasonably believe is, or might be, in violation of these Terms or the terms of any Product. Upon any such termination, you agree to promptly delete all copies of the App from any of your devices on which the App has been installed. The provider of a Third Party Service you access through the Service may have additional termination rights under the terms for their Third Party Service.

• SECTION 13.      PROTECTING YOUR DEVICES AND USER ACCOUNT.

  You are solely responsible for (a) maintaining the security of your computer or devices used for accessing the Service or on which the App has been installed; and (b) the confidentiality of your user account information, including your access credentials. You are solely responsible for any and all activity that occurs under your user account as a result of your sharing this information or failing to keep this information secure and confidential, except as otherwise provided by law. You agree to notify us immediately of any unauthorized use of your user account, or any other breach of security, by writing to us at our Notice Address or contacting us at support@claritymoney.com.

• SECTION 14.      WARRANTIES; DISCLAIMERS.
  1. 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.
  2. 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.
  3. 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.

• SECTION 15.      NO LIABILITY.

  YOU AGREE YOUR ACCESS TO AND USE OF THE SERVICE, ANY PRODUCT OR ANY THIRD PARTY SERVICE IS AT YOUR OWN RISK. IN NO EVENT SHALL WE BE HELD LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH (A) YOUR USE OF THE SERVICE, SERVICE INFORMATION, ACCOUNT INFORMATION (INCLUDING WITH RESPECT TO THE RETRIEVAL OR ACCURACY THEREOF), ANY PRODUCT, ANY THIRD PARTY SERVICE OR ANY THIRD PARTY SITE; OR (B) ANY APP FAILURE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; OR LINE OR SYSTEM FAILURE, EVEN IF WE OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

• SECTION 16: SYSTEM OUTAGES, SLOWDOWNS AND CAPACITY LIMITATIONS.

  Any computer system, service or electronic device, whether it is yours, an internet service provider’s, a mobile network operator’s or ours, can experience unanticipated outages, slowdowns and/or capacity limitations. As a result of high internet traffic volume, transmission problems, systems capacity limitations and other problems, you may, at times, experience difficulty accessing the Service or communicating with us through the internet or other electronic and wireless services. The Service may be unavailable during system maintenance, for security precautions or when interrupted by circumstances beyond our control.

• SECTION 17.      MARKS, APPLICATION AND CONTENT.

  The trade names, trademarks and service marks “CLARITY MONEY”, “CHAMPION OF YOUR MONEY” and any associated logos used in connection with the Service are our trademarks or registered trademarks (collectively “Company Marks”). Other trademarks, service marks, graphics and logos used in connection with the Service are the trademarks of their respective owners (collectively “Third Party Marks”). The Company Marks and Third Party Marks may not be copied, imitated or used, in whole or in part, without our prior written permission or the prior written permission of the applicable trademark owner. The Service and its content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights.

• SECTION 18.      DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE – HOW TO PROVIDE NOTICE OF ALLEGED COPYRIGHT INFRINGEMENT.
  1. 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.
  2. 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: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) 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; (iii) 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; (iv) information reasonably sufficient to permit us to contact you (e.g., your name, email address and phone number); (v) 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 (vi) 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 copyrightagent@claritymoney.com or by mail to our Notice Address. Our DMCA Agent’s phone number is 917-546-3915.

• SECTION 19.      NEW JERSEY STATE DISCLOSURE.

  If you are a New Jersey resident, notwithstanding anything to the contrary in Sections 10, 14 or 15, we do not disclaim liability for any damages directly and proximately resulting from our own gross negligence, recklessness or intentional misconduct. However, in no event (except with respect to personal injury) will we be liable for indirect, special, incidental or consequential damages, losses or expenses or for punitive or exemplary damages of any kind.

• SECTION 20.      ADDITIONAL TECHNOLOGY.

  We may use Google, Inc. (“Google”) Maps API and/or Places API to help auto-complete address information on the Service. By using this service, you agree to be bound by Google’s Terms of Service. To learn more about Google’s Terms of Service, please visit https://www.google.com/policies/terms.

• SECTION 21.      SEVERABILITY / NO WAIVER.

  If any provision of these Terms is deemed unlawful, void or unenforceable for any reason, then such provision shall be deemed to be removed from these Terms and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce the strict performance of any provision of these Terms or additional terms for any Product will not waive our right to later enforce those provisions.

• SECTION 22.      APPLICABLE LAW.
  1. Except as provided in sub-section b 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.
  2. f you are a New York resident, these Terms shall be governed by and construed in accordance with federal law and the laws of the State of New York, without regard to rules concerning conflicts of law or choice of law.

• SECTION 23.      FILTERING.

  We hereby notify you that parental control protections (such as mobile device hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Please note that we do not endorse any of the products or services listed on such site.

• SECTION 24.      ACCESSIBILITY.
  1. 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 support@claritymoney.com to learn more about our accessibility support services. 
  2. Reasonable Accommodations. Individuals who need a reasonable accommodation to access the Service should send an inquiry to our ADA Coordinator by email at support@claritymoney.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.
  3. Feedback. In the event a user with a disability experiences accessibility issues with the Service, please contact our ADA Coordinator by email at support@claritymoney.com. 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.
  4. 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.

• SECTION 25.      CONTACT US.

  Many questions regarding the Service, including our Products, can be answered through our Help Center found here. Any other questions, complaints or claims regarding the Service or Products should be sent to us at support@claritymoney.com or at our Notice Address. Questions or complaints about any Third Party Service that you obtained through the Service should be directed to the provider of the Third Party Service.

• SECTION 26.      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.

• SECTION 27.      APPLE-SPECIFIC TERMS.

  If you are using an iOS version of the Service, the following shall apply: 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 software application made available as part of the Service that is compatible with the iOS operating system of Apple Inc. (“Apple”). Such application is referred to as the “App.” Apple is not a party to these Terms 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 as follows: by mail to our Notice Address, by email to support@claritymoney.com , or by contacting us at 917-546-3915. 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 these Terms and, upon your acceptance of the terms and conditions of these Terms, will have the right (and will be deemed to have accepted the right) to enforce these Terms 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 these terms is not subject to the consent of any third party.

• SECTION 28.      PATRIOT ACT.

  To help the government fight the funding of terrorism and money laundering activities, federal law requires we obtain, verify, and record information that identifies each person who creates a relationship. Meaning, when you create a relationship, we will ask for your name, address, date of birth and other information that will allow us to identify you.

© 2019 Goldman Sachs Bank USA unless otherwise noted. All rights reserved.

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