Disclosures
Terms of Use
Introduction
Welcome to www.usclarity.com (the “Site”), owned and operated by Clarity Debt Resolutions, Inc. (“Company,” “Clarity,” “we,” us,” or “our”) and the communication services provided to account holders (collectively, “Services”). This Site and Services is provided for Clarity consumers (“users”) and United States residents only.
Clarity is committed to providing a safe and positive experience to all account holders and users on our Site. To help us do that, we ask you to follow a few basic rules. Don’t worry, it’s not very complicated.
Also, by accessing www.usclarity.com, you agree to these Terms of Use (“Terms”) along with our posted Privacy Policy. These Terms of Use are effective as of January 25, 2024
Clarity Services
By accessing and using this site or opting into Clarity communications within your account holder agreement, you have elected to receive communications from Clarity. It is your responsibility as a Clarity account holder to provide current contact information for account communication purposes. We are happy to contact you by any means you choose, you may contact us at anytime to update your contact information and method of contact.
When using our Site, you must comply with all applicable laws, including federal, state, and local laws, the laws of your jurisdiction, and
laws regarding the transmission of technical data.
You also agree not to:
- Display, send, receive, or store obscene or inappropriate content.
- Threaten, harass, stalk, defame, or defraud any person or entity.
- Violate copyright, trademark, or other intellectual property laws.
- Advertise, promote, endorse, or market, directly or indirectly, any third-party commercial products, services, solutions, or other technologies.
- Attempt to collect, store, or publish personally identifiable information (a) without the owner’s knowledge and consent or (b) of a minor under the age of thirteen (13) in any circumstance.
- Distribute unwanted, unsolicited, or harassing mass email or other messages, promotions, advertising, or solicitations (“spam”).
- Send deceptive or false source-identifying information, including “spoofing” or “phishing”.
- Access or use any application, system, service, tool, data, account, network, or content without authorization or for unintended purposes.
- Disable, disrupt, circumvent, interfere with, or otherwise violate the security of the site.
- Attack, abuse, interfere with, intercept, disrupt, or exploit any users, systems, or services, regardless of how accomplished and notwithstanding anything to the contrary in these terms, including but not limited to denial of service (DoS), monitoring, crawling, spamming, using bots or scripts, or distributing malware (such as viruses, Trojan horses, worms, spyware, or adware).
Engage in or promote any illegal or criminal activity such as child pornography, gambling, or piracy.
Authorize, permit, enable, induce, or encourage any third party to do any of the above.
If you violate these terms, your access to the site may be terminated immediately and without notice.
In other words, just be respectful and use the site for its intended purpose.
Abusing Our Service
We may limit or terminate our service, remove any content, and take technical and legal steps to keep users off www.usclarity.com if we think they are creating problems or acting inconsistently with the letter or spirit of our policies. Please report problems, offensive content, and policy violations by emailing us at compliance@usclarity.com.
Liability
To the extent legally permitted we expressly disclaim all warranties, representations, and conditions, express or
implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose
and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or
reputation, or any special, indirect, or consequential damages arising out of your use of www.usclarity.com even if
you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do
not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply
to you.
Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in
contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to fifty US dollars ($50).
No Warranty
THE CONTENT AND ALL SERVICES ASSOCIATED WITH THIS WEBSITE AND OUR SERVICES ARE
PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITE OR THESE
SERVICES OR THE INFORMATION, CONTENT OR MATERIALS PROVIDED. YOU EXPRESSLY AGREE THAT
YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK.
WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES OR
GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR
COMPLETENESS OF THE CONTENT OR THE SERVICES OR THE SAFETY, RELIABILITY, TITLE, TIMELINESS,
COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE
CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES. IT IS YOUR SOLE
RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS
OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH THESE SERVICES. WE MAKE
NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT OF OUR WEBSITE MAY BE
AVAILABLE FOR DOWNLOADING FROM OUR SERVICES IS FREE OF INFECTION FROM ANY VIRUSES,
WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR
OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR
DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH,
SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. WE
DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED,
REGARDING ANY FINANCIAL OUTCOME PROVIDED ON OR THROUGH OUR SERVICES.
Except as expressly set forth herein, we are not responsible for any incorrect or inaccurate information or entry of information, whether
caused by a user of our Website or by any of the equipment or programming associated with or utilized in connection with our Website or
any Services provided on or through our site, or by any technical or human error which may occur in the processing of information
received by us. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or authorized access to, or alteration of, information received or submitted in connection
with our Website. We are not responsible for any problems, errors or technical malfunction of any telephone network or lines, computer
on-line systems, servers or providers, computer equipment, or software, or any failure of email on account of technical problems or traffic
congestion on the Internet or at our Website/Services or combination thereof, including injury or damage to participants or to any other
person’s computer related to or resulting from use of our Website or Website Content.
LIMITATION OF LIABILITY AND DAMAGES
IN NO EVENT WILL WE, OUR PARENTS, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS,
SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES AND
SHAREHOLDERS BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE),
OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR
INABILITY TO USE THE WEBSITE OR WEBSITE CONTENT, EVEN IF ALL SUCH PARTIES SHALL HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT, TORT, OR OTHERWISE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY
ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF OTHER MEMBERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES;
OR (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR ACCOUNT (v) FOR ANY CLAIM
ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES
OF THE SERVICES OR THE CONENT; AND (vi) WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF
OR RELATED TO OUR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION
ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR
LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
RELEASE
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE CLARITY AND ITS AUTHORIZED
SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES,
INFORMATION PROVIDERS, AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS,
EMPLOYEES AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL
MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS,
LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER
WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO,
OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER- Review this section carefully. This arbitration provision limits your and our ability to litigate claims in court and you and us each agree to waive respective rights to a jury trial or a state or federal judge. You agree that you will not file any lawsuit against us in any state or federal court.
BY ACCESSING AND/OR USING ANY WEBSITE OR SERVICES OF THE COMPANY, YOU AGREE TO THESE TERMS AND CONDITIONS OF THIS ARBITRATION AGREEMENT. DO NOT USE OUR SERVICES OR SUBMIT ANY CONTACT INFORMATION IF YOU DO NOT AGREE TO THESE TERMS.
You and we each agree that any and all disputes or claims that have arisen or may arise between you and us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to our Website, or member benefit offers for any product or services sold, offered, or purchased through our Website shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claim is under $1000.00 and qualifies. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate section (this "Agreement to Arbitrate").
Claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent,
copyright, trademark, or trade secrets shall not be subject to this Agreement to Arbitrate.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN
INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND US AGREE OTHERWISE, THE
ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND
MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS
PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND
DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE
EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY
RELIEF AWARDED CANNOT AFFECT OUR OTHER USERS.
Arbitration Procedures- Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration,
and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and
relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of this
Agreement as a court would.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any
dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to
Arbitrate, any part of it, or of this Agreement including, but not limited to, any claim that all or any part of the
Agreement to Arbitrate or this Agreement is void or voidable.
The arbitration will be conducted by JAMS under its rules and procedures pertaining to Consumer-Related
Disputes, as modified by this Agreement to Arbitrate. The arbitration shall be held in a mutually agreed location. If
the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone
or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator's
discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be
made by telephone by you and/or us, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including
recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be
bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving
the same user to the extent required by applicable law. The arbitrator's award shall be final and binding and
judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Costs of Arbitration- Payment of all filing, administration and arbitrator fees will be governed by JAMS rules, unless
otherwise stated in this Agreement to Arbitrate. You may obtain these costs through JAMS website.
Severability- With the exception of "Prohibition of Class and Representative Actions and Non-Individualized Relief",
if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other
parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in this
Agreement is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The
remainder of the Agreement and any legal disputes section will continue to apply and that jurisdiction over and
venue of any suit shall be exclusively in the state and federal courts sitting in the County of Orange, state of
California.
Changes to the Agreement to Arbitrate- Notwithstanding any provision in the Agreement to the contrary, you and we
agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or site
link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding
against us prior to the effective date of the change. The change shall apply to all other disputes or claims governed
by this arbitration provision that have arisen or may arise between you and us. We will notify you of changes to this
Agreement to Arbitrate by posting the amended terms on our Services at least 3 days before the effective date of
the changes and/or by email.
THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION. YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.
Indemnification
You agree to indemnify and hold Clarity, its subsidiaries, affiliates, agents, shareholders, officers, service providers,
contractors, vendors, and employees harmless from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of your use of this Website, the violation of this Agreement by you, or
the infringement by you, or other user of this Website using your computer, of any intellectual property or other right
of any person or entity, we assume no responsibility whatsoever for such content or actions. We reserve the right, at
our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification
by you.
Personal Information
By using www.usclarity.com, you agree to the collection, transfer, storage and use of your personal information by Clarity on servers located in the United States, as further described in our privacy policy.
General
These terms and the other policies posted on this Site constitute the entire agreement between Clarity and you,
superseding any conflicting parts of any prior agreements. This agreement is governed by the laws of California as
they apply to agreements entered into and to be performed entirely within California between California residents,
without regard to conflict of law provisions. You agree that any claim or dispute you may have against Clarity Debt
Resolutions, Inc must be resolved by a court located in Orange County, California. If we don’t enforce any particular
provision, we are not waiving our right to do so later. If a court strikes any of these terms, the remaining terms will
survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision
below. Except for reporting policy violations and intellectual property infringements, any legal notices from you to us
shall be served on Clarity’s national registered agent. We will send notices to you via the email address that you
provide, or by registered mail to the address you provide. Notices sent by registered mail will be deemed received
five days following the date of mailing.
We may update these terms at any time, with updates taking effect 30 days after they are initially posted on the site.
No other amendment to these terms will be effective unless made in writing, signed by users and by us.
Changes to these Terms of Use
We may update Our Terms of Use at any time. You are advised to review these Terms frequently for any revisions.
Unless otherwise stated, changes to these Terms are effective immediately upon posting. You will be deemed to
have been made aware of and have accepted the changes by your continued use of Our Sites or Services. If We
determine that a change to these Terms will result a material change, we will provide you notice through your Email
account on file. You are responsible for ensuring We have an up-to-date active and deliverable email address for
you at all times, and it is your responsibility as a Clarity account holder to provide current contact information for
these account communication purposes.
Contact Us
Call +1 855-242-8888 or visit www.usclarity.com