Site Access and Accounts
Access to certain portions of the Site may be limited and require that you register with us and create an account to access such portions of the Site (“Protected Areas”). You agree to access Protected Areas using only your account information. You agree to protect the confidentiality of your account (including user ID and password) as well as any other access information, and not to share or disclose your account information to any third party. You agree that you are fully responsible for all activity occurring under your account. You must immediately notify ClearBalance of any breach or suspected breach of security or unauthorized use of your account. Your access to the Site and/or your account may be revoked by ClearBalance at any time with or without cause. ClearBalance will not be liable for any losses caused by any unauthorized use of your account.
Restrictions on the Use of the Site
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to:
- Use the Site in a manner inconsistent with any applicable laws or regulations;
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site;
- Except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software;
- Engage in unauthorized framing of or linking to the Site;
- Make improper use of our support services or submit false reports;
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
- Use any information obtained from the Site in order to harass, abuse, or harm another person;
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise;
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;
- Delete the copyright or other proprietary rights notice from any Content;
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
- Use a buying agent or purchasing agent to make purchases on the Site;
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information, such as user passwords;
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;
- Attempt to impersonate another user or person or use the username of another user;
- Sell or otherwise transfer your profile;
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site;
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”); and
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or customers of the Site, or expose them to liability.
Violations of these restrictions may result in civil or criminal liability. ClearBalance will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Accuracy and Integrity of Information
Although ClearBalance attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform ClearBalance so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, ClearBalance shall have no responsibility or liability for information or Content posted to the Site from any non-ClearBalance affiliated third party.
Links to Third Party Websites
It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk and you hereby irrevocably waive any claim against ClearBalance with respect to the content or operation of any external site.
Third Party Charges and Mobile Alerts
You are solely responsible for any fees or charges incurred to access the Site through an internet service provider or other third party, including without limitation data charges incurred if you are not connected to WiFi access, charges to receive SMS messages or other mobile access, which may be billed to you by your mobile provider. You agree that ClearBalance is not liable in any way for any third-party charges.
User Generated Content, Reviews, Feedback and other Postings to the Site
The Site may have other interactive features which permit you to submit, upload, or post any comments, ideas, suggestions, information, files, images, or other materials to other users or persons on the or through the Site (“User Generated Content”). You agree not to provide any User Generated Content that (a) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. ClearBalance shall have a royalty-free, irrevocable, transferable right and license to use the User Generated Content however ClearBalance desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Generated Content and/or incorporate such User Generated Content into any form, medium or technology throughout the world. ClearBalance is and shall be under no obligation (i) to maintain any User Generated Content in confidence; (ii) to pay to you any compensation for any User Generated Content; or (iii) to respond to any User Generated Content.
Monitoring and Enforcement; Termination
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS CLEARBALANCE AND ITS SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
ClearBalance does not regularly review posted User Generated Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Generated Content submitted to the Site. You grant ClearBalance the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. ClearBalance and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party.
Claims of Copyright Infringement
ClearBalance respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA“), if you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
Notices and counter-notices with respect to the Site must meet the then-current statutory requirements imposed by the DMCA (see http://copyright.gov/title17/92appb.html) and should be sent to the agent identified below. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Attention Legal Dept.
P.O. Box 927830
San Diego, CA 92192-7830
We disclaim any responsibility or liability for copyrighted materials posted by a user or third party on our Site.
Please note that It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Notices of Alleged Infringement for Content Made Available through the ClearBalance Site
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Copyright Notice“) complying with the following requirements:
1. Identify the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Copyright Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
5. Provide your full legal name and your electronic or physical signature.
6. Deliver this Copyright Notice, with all items completed, to our Copyright Agent.
We will review your Copyright Notice once we receive it. Please be advised that ClearBalance will not respond to complaints that do not meet the above requirements. If ClearBalance determines that the materials alleged to infringe your copyright or trademark rights do not require removal, ClearBalance will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.
Counter-Notices of Alleged Infringement for Content Made Available through the ClearBalance Site
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice (“Copyright Counter-Notice”), which must include the following requirements:
1. Your name, address, and telephone number.
2. The source of the content that was removed.
3. A statement under penalty of perjury that you have a good-faith belief that the content was removed in error.
4. One of two statements
- If you are located within the U.S.: “I consent to the jurisdiction of the United States federal district court for the judicial district in which my address is located and will accept service of process from the person who provided the notice set forth above or their agent.”
- If you are located outside of the U.S.: “I consent to the jurisdiction of any United States federal district court where ClearBalance is located and will accept service of process from the person who provided the notice set forth above or their agent.”
5. A physical or electronic signature (for example, typing your full name).
6. Deliver this Copyright Notice, with all items completed, to our Copyright Agent.
We will review your Copyright Counter-Notice once we receive it. If your Copyright Counter-Notice is complete and valid, we will forward the information you provided to the person who filed the complaint. If they do not notify us within 10-14 business days that they have filed a lawsuit against you, we will take steps to restore the content that we’ve removed or disabled.
Disclaimer of Warranties
CLEARBALANCE DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. CLEARBALANCE DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. CLEARBALANCE DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. ALL OF THE FOREGOING WARRANTIES ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY CLEARBALANCE ON THE SITE ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE
Limitation of Liability Regarding Use of Site
CLEARBALANCE AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF CLEARBALANCE TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS).
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
We are based in the state of California in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Dispute Resolution; Arbitration Agreement.
We will try work in good faith to resolve any issue you have with Site, including payments made through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.
If you desire to assert a claim against ClearBalance, and you therefore elect to seek arbitration, you must first send to ClearBalance, by certified mail, a written notice of your claim (”Arbitration Notice“). The Arbitration Notice to ClearBalance should be addressed to: ClearBalance, P.O. Box 927830 San Diego, CA 92192-7830, Attention Legal Dept. (“Notice Address“). If ClearBalance desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Arbitration Notice to the most recent address we have on file or otherwise in our records for you. An Arbitration Notice, whether sent by you or by ClearBalance, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand“). If ClearBalance and you do not reach an agreement to resolve the claim within 30 days after the Arbitration Notice is received, you or ClearBalance may commence an arbitration proceeding or file a claim in small claims court.
YOU AND CLEARBALANCE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and ClearBalance agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. During the arbitration, the amount of any settlement offer made by ClearBalance or you shall not be disclosed to the arbitrator.
Any arbitration will be confidential. Neither you, ClearBalance, the AAA, nor the arbitrator may disclose the existence, content (including any oral or written submissions), or results of any arbitration, except as may be required by applicable law or for purposes of enforcing or challenging of the arbitration award.
Governing Law and Forum
Without limiting any of the foregoing, disputes between you and ClearBalance shall be governed by, and construed and interpreted in accordance with, the Federal Arbitration Act, applicable federal law, and the laws of the State of New York without regard to conflict of laws principles.
Notice for California Users
Under California Civil Code Section 1789.3, California Service users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.