Last Updated: July 20, 2022
Our Services are used by third parties, especially 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.
Your Information and Disclosure to Third Parties
When you use the Service, you consent to receive communications from us electronically via the Service, email, or otherwise. You agree to provide accurate, current, and complete information about yourself when you use the Service and to update such information while you continue to use the Service.
Account Registration and Application Contents
You may be given the opportunity to register to create a user account (“Your Account”). By
registering, you represent and warrant that all information that you provide on the registration
form and as part of any application you submit is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update this information on the Service so that it remains current, complete and accurate.
You agree that we may access, preserve, and disclose Your Account and any content uploaded, received, or otherwise communicated through our Service 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 service or allow you to use the Service 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 reserve the right in our sole discretion to terminate Your Account for any reason.
Mobile Devices and Mobile Applications
If you use a mobile device to access the Service optimized for mobile-viewing, or use a mobile application, the following additional terms and conditions (“Mobile Terms”) also apply to you. Your access to the Service via your mobile device or use of a mobile application confirms your agreement to these Mobile Term, as well as the rest of the Terms.
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 services from us. Data obtained from you in connection with this text messaging service 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 Service. We may use this information to contact you and provide services you request from us.
Clarity will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from your network operator. 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 Platform or use of a mobile application. 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.
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 Service; (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 Service (or any portion thereof).
The Service, the content, any materials or information downloaded, and all intellectual property pertaining to or contained on the Service (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks, and service 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 Service 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 Service 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 Service, or any portion of the Service, 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 Service (or printed pages produced from the Service), and (b) will not make any other modifications to any documents obtained from the Service other than in connection with completing information required to transact business with Clarity.
Use of Information and Materials
The information and materials contained on the Service, and these Terms, policies, and descriptions on the Service, are subject to change. You accept sole responsibility for all of your activities using the Service. Your use of the Service is limited to the intended function of the Service. Unauthorized use of the Service and systems, including but not limited to unauthorized entry into our systems or misuse of any information posted on the Service, is strictly prohibited. You may not use the Service 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.
System Outages, Slowdowns, and Capacity Limitations
At times you may experience difficulty accessing the Service 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 service 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.
Clarity makes no warranty whatsoever to you, express or implied, regarding the security of the Service, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the Service. 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 Service 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 Service.
Links to Other Websites and Services
The Service 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 service or resource.
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 service 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.
No Financial, Legal, Tax, or Other Advice
OUR SERVICE IS NOT INTENDED TO PROVIDE LEGAL, TAX, INVESTMENT, EDUCATIONAL, PLANNING, OR FINANCIAL ADVICE, AND IS NOT INTENDED TO SERVE AS A TAX PREPARATION SERVICE. 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 Service 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 Service 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 Service, 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.
THE SERVICE IS 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 SERVICE WILL MEET YOUR REQUIREMENTS, (B) THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (C) THE CONTENT THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. CLARITY UNDERTAKES NO OBLIGATION TO UPDATE THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY REGARDING THE SERVICE NOT EXPRESSLY STATED IN THESE TERMS. YOU UNDERSTAND AND ACKNOWLEDGE THAT ADDITIONAL DISCLAIMERS, LIMITATIONS, AND NOTICES REGARDING THE SERVICE AND ITS CONTENT AND DATA MAY BE PROVIDED BY CLARITY FROM TIME TO TIME WITHIN THE SERVICE.
WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR-FREE OR THAT THE SERVICE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT. IF YOUR USE OF THE SERVICE, 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 SERVICE 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.
You will defend, indemnify, and hold us 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 your conduct with respect to the Service or violation (or alleged violation) of these Terms. Under no circumstance will we be liable for damages of any kind that result from your use of, or the inability to use, the Service.
We may terminate or suspend your access to the Service, delete your account and any content or information or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) if you violate these Terms, effective immediately, which may result in the forfeiture and destruction of all information associated with you and your activities in connection with the Service. We reserve the right in our sole discretion to terminate Your Account for any reason. If you wish to terminate your account, you may do so by following the instructions on the Service. Any fees paid hereunder are non-refundable. In the event of termination, you will still be bound by your obligations under these Terms. We reserve the right to retain and use data associated with Your Account after termination to the extent permissible by law.
You are responsible for reviewing these Terms regularly. Clarity reserves the right, at any time, without notice to you, and in its sole discretion, to modify or discontinue the Service, these Terms, or any of our policies related to use of the Service. 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 Service, including by posting the revisions on the Service and updating the “Last Updated” date. Such revisions will go into immediate effect once posted to the Service. Continued use of the Service following such modifications to the Service, these Terms, additional terms and conditions for any service, or our other policies will constitute your acceptance of such modifications and revisions.
ARBITRATION PROVISION AND CLASS ACTION WAIVER (“the Arbitration Provision”)
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 differentcourt,arbitrationcanbeelected. Moreover,thisArbitrationProvisionwillnotapplyto any Dispute that was already pending in court before this Arbitration Provision took effect.
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
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.
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.
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 State of Washington, King County, and the United States District Court for the Western District of Washington 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.
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.
If you have any questions, please contact us by email at firstname.lastname@example.org, via phone at (301) 327-4761, or at 16825 48th Ave W #319, Lynnwood, WA 98037.