Last Updated: July 20, 2022
Clarity Tuition Terms of Uses
These Terms of Use (“Terms”) constitute a binding legal agreement between the end user applicant (“you” or the “user”) and Clarity Financial, Inc. (“Clarity,” “we,” “us,” or “our”). By accessing our website https://clarityapp.com/ (the “Site”) and using the Clarity service (the “Service”), you signify that you have read, understand, and agree to be bound by these Terms, including the arbitration provision and class action waiver. The Service may be accessible via websites or applications, whether owned and/or operated by us or third parties, including without limitation, through our website at https://clarityapp.com/, and any of our related applications. Please read these Terms carefully. You should print a copy of these Terms for your records.
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
Clarity has made a commitment to protecting the privacy of those who use the Service. Please review our Privacy Policy, available at https://clarityapp.com/privacy. Our Privacy Policy is incorporated by reference in these Terms. By using the Service, you are consenting to and agreeing to be bound by the Privacy Policy.
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.
During the registration process, you may be required to choose a user name and enter your email address. YouacknowledgeandagreethatClaritymayrelyonthisemailaddressorusernameto identify you. You shall be responsible for protecting the confidentiality of your user name(s) 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 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.
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 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).
Intellectual Property
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.
Security
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.
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 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.
Disclaimers
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.
Indemnification
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.
Termination
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.
Changes
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”)
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 service 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 Service, (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 Site 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 Service, including, but not limited to, any dispute or claim arising before the date you accessed this Site 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 Service 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 service provided by or through a Transaction Party or third parties in connection with the use of the Service 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 Service 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 Service 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 Servics 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 differentcourt,arbitrationcanbeelected. Moreover,thisArbitrationProvisionwillnotapplyto 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 Site. 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 this Site, 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 Site 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 service offered by a Transaction Party through this site. You must send the notice in writing (and not electronically) to 113 Cherry Street PMB 38740, Seattle, Washington, 98104-2205. 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 Site 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 Service 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 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.
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.
Contact Us
If you have any questions, please contact us by email at tos@claritytuition.com, via phone at (301) 327-4761, or at 16825 48th Ave W #319, Lynnwood, WA 98037.