Terms of Use
Last Updated: February 14, 2024
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THESE SITES. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT ACCESS THESE SITES, USE THESE SITES, OR INDICATE ACCEPTANCE OF THESE TERMS.
These Terms of Use (“Terms”) constitute a binding legal agreement between the end user applicant (“you” or the “user”) and Clarity Financial, Inc. and its affiliates, subsidiaries or assigns (collectively, “Clarity,” “we,” “us,” or “our”). These websites, https://clarityschools.com/ and https://clarityapp.com/ (the “Sites”), and our application (“Application”) are owned and operated by Clarity. The Sites and Application, and use of the Clarity services offered through the Sites, Application and offline (together with the Sites and Application, the “Services”), are provided to you on the condition that you accept these Terms. Access and use of the Services signifies that you have read, understand, and agree to be bound by these Terms, including the Arbitration Provision and class action waiver. If you do not agree to accept these Terms, you may not access or use the Services.
Our Services are used by third parties, including educational institutions, as a platform for you to apply for financial aid and grants. These Terms do not govern your relationship with those third parties, and you should consult your relevant agreements, policies, and terms with them.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION PROVISION AND CLASS ACTION WAIVER” SECTION BELOW, AND UNLESS YOU OPT-OUT AS SET FORTH IN THAT SAME SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND CLARITY OR OTHER PARTIES DESCRIBED HEREIN WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AT THE ELECTION OF EITHER PARTY, AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS OR TO PARTICIPATE IN A CLASS, PRIVATE ATTORNEY GENERAL, REPRESENTATIVE, OR COLLECTIVE ACTION IN COURT OR IN ARBITRATION.
YOU AGREE TO OUR PRIVACY POLICY
Clarity has made a commitment to protecting the privacy of those who use the Services. Please review our Privacy Policy, available at https://clarityschools.com/privacy. Our Privacy Policy is incorporated by reference in these Terms. By using the Services, you are consenting to and agreeing to be bound by the Privacy Policy.
When you use the Services, you consent to receive communications from us electronically via the Services, email, or otherwise. You agree to provide accurate, current, and complete information about yourself when you use the Services and to update such information while you continue to use the Services.
To the extent permitted by law, Clarity reserves the right to automatically process your personal information using technologies that use machine learning and/or artificial intelligence. You further acknowledge that by using certain aspects of the Services, you may be interacting with functions that involve the use of machine learning or artificial intelligence.
ACCOUNT REGISTRATION AND APPLICATION CONTENTS
In order to access and use certain Services available on these Sites, you may need to sign up for, open and maintain an account (your “Account”) with us. Prior to completing the signup process for your Account, you may be required to confirm your acceptance of all of the terms and conditions of these Terms. If you do not agree to these Terms, you may not sign up for an Account and you shall not have the right to use such Services.
You represent and warrant that at all times you will: (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and promptly update your information (including your e-mail address) to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we shall have the right to suspend or terminate your account and any or all privileges on the Services and to refuse any and all current or future use of the Services.
During the registration process, you may be required to choose a user name and enter your email address. You acknowledge and agree that Clarity may rely on this email address or user name to identify you. You shall be responsible for protecting the confidentiality of your user name(s), student identification number, and/or password(s), if any. You are responsible for all use of your Account, regardless of whether you authorized such access or use, and for ensuring that all use of your Account complies fully with the provisions of these Terms of Use. You must not choose a username that infringes the rights of any third party or which is offensive, racist, obscene, hurtful, unlawful, or otherwise inappropriate. You agree not to transfer your right to use or access these Sites or the Services via your username or password to any third person.
You agree that we may access, preserve, and disclose your Account and any content uploaded, received, or otherwise communicated through our Services if required to do so by law or with the good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with an enforceable subpoena or other legal process; (ii) enforce these Terms; (iii) respond to claims that any information violates the rights of third parties; (iv) respond to your requests for customer Services or allow you to use the Services in the future; or (v) protect the rights, property or personal safety of Clarity or its members, employees, agents, affiliates, partners, communities or any other person.
WE HEREBY DISCLAIM ANY AND ALL LIABILITY FOR ANY UNAUTHORIZED USE OF YOUR ACCOUNT FOR WHICH WE ARE NOT RESPONSIBLE.
We reserve the right in our sole discretion to terminate your Account for any reason. If you wish to delete your account you can do so at any time. In the event of termination, you will still be bound by your obligations under these Terms.
MOBILE DEVICES AND MOBILE APPLICATIONS
If you use a mobile device to access the Services optimized for mobile viewing, or use a mobile application, the following additional terms and conditions also apply.
You may opt in to receive SMS text messages on your mobile device. Your consent is not required as a condition of purchasing any goods or Servicess from us. Data obtained from you in connection with this text messaging Services may include your mobile phone number, your carrier’s name, and the date, time, and content of your messages and other information you provide to Clarity as part of this Services. We may use this information to contact you and provide Servicess you request from us.
You understand that wireless service through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage, or other service changes made by your mobile service provider or otherwise. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Sites. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details.
ELIGIBILITY
You represent and warrant that you: (a) are above the legal age of majority in your jurisdiction of residence; (b) have not previously been suspended or removed from our Services; (c) will only provide us with true, accurate, current and complete information if you register for an account; and (d) have full power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party. If we believe or suspect that your information is not true, accurate, current or complete, or that you are not eligible under these Terms in any way, we may deny or terminate your access to the Services (or any portion thereof).
INTELLECTUAL PROPERTY
The Services, the content, any materials or information downloaded, and all intellectual property pertaining to or contained on the Services (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks, and Services marks) are owned by Clarity or third parties; all rights, title, and interest will remain the property of Clarity and/or such third-party owner, as applicable. All content is protected by trade dress, copyright, patent, and trademark laws, as well as various other intellectual property and unfair competition laws.
You are authorized to view and retain a copy of pages of the Services only for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images, or other materials on the Services for the purpose of transacting business with us. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, or in any way distribute or exploit the Services, or any portion of the Services, for any public or commercial use, without our prior express written consent. Additionally, you agree that you: (a) will not remove or alter any author, trademark, other proprietary notice, or legend displayed on the Services (or printed pages produced from the Services), and (b) will not make any other modifications to any documents obtained from the Services other than in connection with completing information required to transact business with Clarity.
USE OF SERVICES
The information and materials contained on the Services, and these Terms, policies, and descriptions on the Services, are subject to change. You accept sole responsibility for all of your activities using the Services. Your use of the Services is limited to the intended function of the Services. Unauthorized use of the Services and systems, including but not limited to unauthorized entry into our systems or misuse of any information posted on the Services, is strictly prohibited. You may not use the Services in a manner that:
- harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any party (including but not limited to rights of publicity or other proprietary rights);
- is unlawful, fraudulent, or deceptive;
- uses technology or other means to access content or systems of Clarity in a manner that we do not authorized;
- uses or launches any automated system, including, without limitation, “robots,” “spiders,” or “offline readers,” to access our content or systems;
- attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
- attempts to gain unauthorized access to our computer network or user accounts;
- encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
- violates these Terms or any of our other policies;
- attempts to damage, disable, overburden, or impair our servers or networks;
- fails to comply with applicable third-party terms; or
- constitutes any other inappropriate conduct, as determined by us in our sole discretion.
We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of the Sites and the Services.
If you access these Sites from outside of the United States, you do so at your own risk and are responsible for compliance with local, national, or international laws. In particular, you understand that the Sites, the Services, or both may not be available in all countries and that you are responsible for ensuring that it is lawful for you to use these Sites and receive the Services in your location.
Some countries may have laws that forbid participating in the activities we offer on the Sites or Services. You are responsible for making sure you can use these Sites and the Services in the location you reside in. Continuing to use the Sites represents and warrants to us that you have verified that you are permitted to use the Sites and Services in your jurisdiction.
SYSTEM OUTAGES, SLOWDOWNS, AND CAPACITY LIMITATIONS
At times you may experience difficulty accessing the Services or communicating with Clarity through the Internet, or other electronic wireless Services, as a result of high Internet traffic, transmission problems, systems capacity limitations, or other issues. Any computer system or other electronic device, whether it is yours, an Internet Services provider’s, or ours, can experience unanticipated outages or slowdowns or have capacity limitations. We are not responsible for failure or delay of performance caused by such problems.
SECURITY
Clarity makes no warranty whatsoever to you, express or implied, regarding the security of the Services, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the Services. You acknowledge and agree that you are solely responsible for maintaining the security of your devices and passwords. We are not responsible for any losses resulting from the loss or theft of your device, the loss or theft of your information transmitted from or stored on your devices, or any losses arising from the use of your device by someone whom you have given access. You are required to notify us of any unauthorized use of the Services by using the contact information in the “Contact Us” section below.
To protect the security of your information, we may require you to authenticate your identity (i.e., prove that you are who you say you are) when you use the Services.
CLARITY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY SOFTWARE, COMPUTER VIRUSES OR OTHER DESTRUCTIVE, HARMFUL OR DISRUPTIVE FILES OR PROGRAMS THAT MAY INFECT OR OTHERWISE IMPACT YOUR USE OF YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE SITES OR THE SERVICES OR YOUR DOWNLOADING OF ANY USER MATERIALS OR OTHER CONTENT FROM THIS WEBSITE.
LINKS TO OTHER WEBSITES AND SERVICES
The Services may contain links to outside Services and resources, the availability and content of which we do not control. We are not responsible for examining or evaluating, and we do not warrant the offering of these Services and resources or the content of these websites.
We do not assume any responsibility or liability for the actions, products, and content of these and any other websites. Any concerns regarding any such Services or resources should be directed to the Services or resource.
SEVERABILITY/NO WAIVER
If any provision of these Terms shall be deemed unlawful, void, or unenforceable for any reason, then such provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Clarity’s failure to enforce the strict performance of any provision of these Terms or the additional terms and conditions for any product or Services will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms or the additional terms and conditions.
Sections 8 (Security), 12 (Limitation of Liability), 13 (Disclaimers), 14 (Indemnification), 15 (Term and Termination), and 17 (Arbitration Provision and Class Action Waiver) will survive any termination of expiry of these Terms of Use.
NO FINANCIAL, LEGAL, TAX, OR OTHER ADVICE
OUR SERVICES IS NOT INTENDED TO PROVIDE LEGAL, TAX, INVESTMENT, EDUCATIONAL, PLANNING, OR FINANCIAL ADVICE, AND IS NOT INTENDED TO SERVE AS A TAX PREPARATION SERVICES. WE ARE NOT A FINANCIAL ADVISOR, PLANNER, BROKER, TAX ADVISOR, OR ADVISOR ON WHAT FINANCIAL AID PACKETS OR GRANTS YOU SHOULD ACCEPT. WE ARE NOT AN INVESTMENT ADVISER, INSURANCE AGENT, PARAPLANNER, TRUST OFFICER, ATTORNEY, OR AN ACCOUNTANT.
The Services is intended only to assist you in applying for student financial aid or grants or loans, but we do not provide any advice as to whether you do or should qualify for financial aid or grants or loans, whether you should accept any financial aid or grants or loans, or how any decisions will impact you financially. Decisions regarding financial aid, grants, or loans can have a significant and long lasting impact and should therefore be reviewed carefully. Your personal financial situation is unique, and any information and advice obtained through the Services may not be appropriate for your situation. Accordingly, before making any final decisions, you should consider obtaining additional information and advice from your accountant or other certified financial advisers who are fully aware of your individual circumstances.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, Clarity, and its subsidiaries, affiliates, officers, directors, employees, investors, and agents, will not be liable to you for any lost profits, revenues, financial losses, prejudgment interests, or any indirect, special, consequential, exemplary, or punitive damages of any kind. To the maximum extent permitted by law, the total liability of Clarity, and its subsidiaries, affiliates, officers, directors, employees, and agents for any claim, cost, damage, or loss arising out of or relating to the Services, including for any warranties that may not be excluded, shall not exceed the lesser of the amount you paid to us during the twelve months prior to the event giving rise to the liability or $10.00 (ten dollars) (the “Liability Cap”). Clarity and you agree that the Liability Cap shall include all forms of damages.
Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
DISCLAIMERS
THE SERVICES ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CLARITY MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THAT OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (C) THE CONTENT THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. CLARITY UNDERTAKES NO OBLIGATION TO UPDATE THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY REGARDING THE SERVICES NOT EXPRESSLY STATED IN THESE TERMS. YOU UNDERSTAND AND ACKNOWLEDGE THAT ADDITIONAL DISCLAIMERS, LIMITATIONS, AND NOTICES REGARDING THE SERVICES AND ITS CONTENT AND DATA MAY BE PROVIDED BY CLARITY FROM TIME TO TIME WITHIN THE SERVICES.
WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SERVICES AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT. IF YOUR USE OF THE SERVICES, THE MATERIAL, OR THE SOFTWARE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS.
NOTHING IN THE SERVICES SHALL BE CONSTRUED AS LEGAL, FINANCIAL, MEDICAL, EDUCATIONAL, OR OTHER ADVICE, AND YOU ARE SOLELY RESPONSIBLE FOR MAKING ALL DECISIONS TO COMPLY WITH ALL APPLICABLE LAWS, REGULATIONS, CODES, OR STANDARDS.
Please note that some jurisdictions do not allow the disclaimer of certain representations or warranties, so the disclaimer in this Section 13 will apply to you to the extent permitted by applicable law.
INDEMNIFICATION
You will defend, indemnify, and hold Clarity, each third-party service provider, their respective affiliates, subsidiaries, and parent companies, and their respective officers, directors, employees, agents, information providers, and partners (collectively, the “Protected Parties”) harmless from and against any actual or threatened suit, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to (a) your conduct with respect to the Services and/or (b) violation (or alleged violation) of these Terms by you or any other person accessing the Sites or Services on your behalf. Under no circumstance will Clarity be liable for damages of any kind that result from your use of, or the inability to use, the Services.
Please note that some jurisdictions limit the extent to which a party may indemnify another. As such, this provision will apply to you to the extent permitted by applicable law.
TERM AND TERMINATION
We may from time to time, but we are in no way obligated to, terminate or suspend your access to the Services in accordance with these Terms of Use and in the manner more particularly set out herein. You acknowledge and agree (i) that access to the Sites and the Services may not be available from time to time, may be amended, revised, replaced, suspended, or terminated in whole or in part at any time and without notice, and (ii) that Clarity shall not, in any event, be responsible to you in any way should you be unable to access these Sites and the Services at any time or from time to time. We may terminate these Terms of Use for convenience with no notice to you.
Upon termination of these Terms of Use, you shall immediately cease and desist from all use of the Sites and Service.
CHANGES
You are responsible for reviewing these Terms regularly.
We reserve the right at any time to change: (i) the terms and conditions of these Terms of Use; (ii) the Services, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through the Services or the hours that they are available; (iii) any fees or charges, if any, related to the use of the Services; and (iv) the equipment, hardware or software required to use and access the Services.
We will not amend the Arbitration Provision or Class Action Waiver, described below, in a manner that adversely affects your rights or responsibilities in a material manner unless we give you a right to reject the amendment and/or the Arbitration Provision and Class Action Waiver in its entirety. Revisions to these Terms or our policies may be provided through the Services, including by posting the revisions on the Services and updating the “Last Updated” date. Such revisions will go into immediate effect once posted to the Services. Continued use of the Services following such modifications to the Services, these Terms, additional terms and conditions for any Services, or our other policies will constitute your acceptance of such modifications and revisions. Please return to these Sites periodically to ensure you are familiar with the most current version of these Terms of Use.
ARBITRATION PROVISION AND CLASS ACTION WAIVER (THE “ARBITRATION PROVISION”)
THIS ARBITRATION PROVISION AFFECTS YOUR RIGHTS; PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS OF USE.
Agreement to Arbitrate. Except as otherwise explicitly provided in this Arbitration Provision, Clarity, its subsidiaries, affiliates, successors, assigns, and any of these entities’ employees, officers, directors, and agents and their successors, assigns, affiliates, and Services providers (collectively, the “Transaction Parties”) and you can elect to resolve any past, present, or future dispute or claim (“Dispute”) arising from or relating in any way to (i) the use of the Services, (ii) these Terms of Use, or (iii) the relationship between you and any Transaction Party in connection with any of the foregoing that cannot be resolved directly between you and a Transaction Party, by binding arbitration under the Consumer Arbitration Rules (“the Consumer Rules”) of the American Arbitration Association (“AAA”), rather than in court. (Solely for purposes of this Arbitration Provision, the term Transaction Parties also includes any third party providing any goods and/or Services in connection with the use of the Sites or any of the foregoing on behalf of a Transaction Party, if that third party is named as a defendant along with a Transaction Party in the same proceeding or a related proceeding.)
“Dispute” Defined. Except as otherwise explicitly provided in this Arbitration Provision, “Dispute” broadly includes, without limitation: any claims based in contract, statute, constitution, ordinance, tort, fraud, consumer rights, misrepresentation, equity, or any other legal theory; initial claims, counterclaims, cross-claims, and third-party claims; federal, state, and local claims; and claims which arose before the date of your use of the Services, including, but not limited to, any dispute or claim arising before the date you accessed these Sites or agreed to these Terms of Use and any dispute or claim relating to (by way of example and not limitation): (i) the use, denial, or termination of the Services and/or the events leading up thereto; (ii) any disclosure, advertisement, application, solicitation, promotion, or oral or written statement, warranty, or representation made by or on behalf of a Transaction Party; (iii) any product or Services provided by or through a Transaction Party or third parties in connection with the use of the Services or the relationship between you and a Transaction Party and any associated fees; (iv) a Transaction Party’s use or failure to protect any personal information you give a Transaction Party in connection with the use of the Services or your relationship with the Transaction Party; (v) enforcement of any and all of the obligations a party may have to another party in connection with the use of the Services or agreement governing the same; or (viii) compliance with applicable laws and/or regulations.
Exceptions to “Dispute”. Notwithstanding any of the foregoing: (i) disputes or controversies about the validity, enforceability, coverage, or scope of this Arbitration Provision or any part thereof are for a court and not an arbitrator to decide; however, disputes or controversies about these Terms of Use or your agreements governing the use of the Services or with Transaction Parties as a whole are for an arbitrator and not a court to decide; (ii) any Disputes seeking to enforce or protect, or concerning the validity of intellectual property rights, will not be subject to binding arbitration under this Arbitration Provision; and (iii) any party may proceed with their individual claims in small claims court (or an equivalent court) if that option is available in the applicable jurisdiction and the amount in controversy falls within the small claims court’s (or the equivalent court’s) jurisdictional limits; but if that action is transferred, removed, or appealed to a different court, arbitration can be elected. Moreover, this Arbitration Provision will not apply to any Dispute that was already pending in court before this Arbitration Provision took effect.
Governing Law. The Federal Arbitration Act (“FAA”), 9 U.S.C. 1 et seq., and federal arbitration law apply to this Arbitration Provision. There is no judge or jury in arbitration and court review of an arbitration award is limited, but an arbitrator can award an individual the same damages and relief as a court in an individual case and must apply and follow applicable substantive law, consistent with the FAA, and the terms of these Terms of Use and any agreement governing the use of the Sites. The arbitrator shall apply applicable statutes of limitations and honor privilege rules. Any judgment on the award rendered by the arbitrator will be final, subject to any appeal rights under the FAA, and may be entered in any court of competent jurisdiction. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this Arbitration Provision.
JURY TRIAL WAIVER. YOU UNDERSTAND THAT ABSENT YOUR CONSENT TO ARBITRATION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A TRIAL BY JURY.
Arbitration Procedures. Either you or a Transaction Party can initiate arbitration through the AAA or by filing a motion to compel arbitration of claims filed in court. Regardless of who elected arbitration or how arbitration was elected, the party asserting the claim (i.e., the party seeking money damages or other relief from a court or an arbitrator) is responsible for starting the arbitration proceeding. If the AAA cannot serve and we cannot agree on a substitute, a court with jurisdiction shall select the arbitrator, who will apply the AAA rules and the procedures specified in this Arbitration Provision. Any arbitrator must be a practicing attorney with ten or more years of experience practicing law or a retired judge. Any arbitration will be governed by the then-current Consumer Rules, and its Procedures for the Resolution of Disputes through Document Submission (“Document Submission Procedures”). For more information about the AAA and its rules, you may contact the AAA at American Arbitration Association, 120 Broadway, Floor 21, New York, N.Y. 10271, 1-800-778-7879, www.adr.org. The Document Submission Procedures are included in the Consumer Rules. The parties shall pay filing, administrative and arbitrator fees in accordance with the Consumer Rules. If you cannot afford to pay your share of the fees and cannot obtain a waiver from the AAA, you can make a written good faith request for a Transaction Party to pay or advance such fees. Each party will bear the expense of its own attorneys, experts and witnesses, regardless of which party prevails, unless applicable law, these Terms of Use or an applicable agreement gives a party the right to recover such expenses from the other party. If the arbitrator determines that any party’s claim or defense is frivolous or wrongfully intended to oppress or harass the other party, the arbitrator may award sanctions in the form of fees and expenses reasonably incurred by the other party if such sanctions could be imposed under Rule 11 of the Federal Rules of Civil Procedure. The arbitration will be conducted by a single arbitrator solely based on written submissions and will not require any personal appearance by the parties or witnesses unless the arbitrator determines that a telephonic or in-person conference or hearing is necessary based on the request of one or more of the parties. If an in-person hearing is necessary, it will be held in the federal judicial district in which you reside or at another location that is reasonably convenient to all parties.
CLASS ACTION WAIVER. You and the Transaction Parties each agree that if arbitration of a Dispute is elected, the Dispute will be resolved in arbitration (not in court) only on an individual basis and not as a class, collective or other representative action. To the fullest extent permitted under the FAA: (a) no arbitration will be joined or consolidated with any other unless all parties otherwise agree in writing; (b) there is no right or authority for any Dispute to be arbitrated on a class-action, collective action or private attorney general basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. No arbitrator shall have the authority to issue any relief that applies to any person or entity other than Transaction Parties and/or you individually.
Miscellaneous; Conflicts. Even if all parties have opted to litigate a Dispute in court, a party may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in that or any related or unrelated lawsuit (including a claim initially asserted on an individual basis but modified to be asserted on a class, representative, or multi-party basis). Nothing in that litigation shall constitute a waiver of any rights under this Arbitration Provision. If any portion of this Arbitration Provision is inconsistent with the Consumer Rules, with these Terms of Use, or your agreements governing the use of these Sites, or with an arbitration provision in any agreement with a Transaction Party, this Arbitration Provision shall govern.
Survival; Severance. This Arbitration Provision shall survive termination of the Sites and the Services or these Terms of Use or of any agreement into which you enter with a Transaction Party; and, further, you understand and agree that this Arbitration Provision applies not only to these Terms of Use but also to any subsequent agreement into which you enter with a Transaction Party. This Arbitration Provision stays in force even if you withdraw your application or your application is denied, if any agreement or account is terminated or expires, or in the event of any bankruptcy (if permitted by bankruptcy law). If any portion of this Arbitration Provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Provision, except that: (a) if the Class Action Waiver is limited, voided or found unenforceable with respect to a Dispute that does not seek public injunctive relief and that determination becomes final after all appeals have been exhausted, then this Arbitration Provision (except for this sentence) shall be null and void with respect to such proceeding. The parties acknowledge and agree that under no circumstances will a class action be arbitrated; and (b) if a claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver or elsewhere in this Arbitration Provision prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim and that determination becomes final after all appeals have been exhausted, the claim for public injunctive relief will be determined in court and any individual claims seeking monetary relief will be arbitrated. In such a case the parties will request that the court stay the claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. In no event will a claim for public injunctive relief be arbitrated.
RIGHT TO OPT OUT: If you do not want this Arbitration Provision to apply, you must send us a signed notice within 30 calendar days of the date on which you electronically submit an application for a product or Services offered by a Transaction Party through these Sites. You must send the notice in writing (and not electronically) to 2810 N Church St, Suite 38740, Wilmington, DE, 19802. You must provide your name, address, telephone number, and state that you “opt out” of the Arbitration Provision. Opting out will not affect the other provisions of these Terms of Use or any other agreement governing the Sites or with a Transaction Party. If you do not opt out, you will be bound by this Arbitration Provision in these Terms of Use and any other agreement governing a Services or with a Transaction Party. Please note that if you enter an agreement with a Transaction Party that contains a different arbitration provision with a right to opt out, opting out of this Arbitration Provision is not a rejection of the arbitration provision in the other agreement. You will need to separately opt out of the arbitration provision in the other agreement if you do not want it to apply.
GOVERNING LAW AND JURISDICTION
These Terms shall be governed and construed in accordance with the laws of the State of Delaware exclusive of its or any conflicts of laws principles. To the extent a dispute cannot be resolved pursuant to the Arbitration Provision above, you hereby consent to the exclusive jurisdiction and venue of the courts of the State of Delaware, and the United States District Court for the District of Delaware in connection with all disputes arising out of or relating to these Terms and waive any defense related to lack of jurisdiction or forum non convenes.
MISCELLANEOUS PROVISIONS
These Terms, along with the Privacy Policy referenced and incorporated herein, constitute the entire agreement between you and Clarity with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach hereunder shall be deemed to be a waiver of any preceding or subsequent breach. The section headings used herein are for convenience only and shall not be given any legal import.
Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms.
We may assign its rights and duties under these Terms to any party at any time without notice to you.
These Terms of Use are not assignable, transferable, or sublicensable by you except with Clarity’s prior written consent.
CONTACT US
If you have any questions, please contact us by email at info@claritytuition.com or at 2810 N Church St, Suite 38740, Wilmington, DE, 19802.