Doorstep by Clear Balance Terms of Use

Doorstep by ClearBalance Terms of Use

These terms and conditions of use (“Terms of Use”) govern your access to and use of Doorstep by ClearBalance software-as-a-service (“Doorstep SaaS”), including any content, functionality and services offered on or through the Doorstep SaaS (the “Services”) by CSI Financial Services, LLC (“ClearBalance”, “we, “us, or “our”). Your compliance with these Terms of Use is a condition to your use of the Services.

Please be aware that ClearBalance may provide multiple services or products to you. These Terms of Use only govern the Services described herein.

By accessing or using the Services, you acknowledge that you (1) have read and agree to be bound by these Terms of Use, (2) your use of the Services complies with applicable laws and regulations, and (3) you have the right, authority and capacity to consent to these terms in their entirety on behalf of yourself and/or any person purporting to use the Services . If you do not agree to be bound by the Terms of Use, do not use or access the Services.

Be advised that these Terms of Use contain disclaimers of warranties, indemnification, and limitations of liability that may be applicable to you.

Binding Arbitration

These Terms of Use contain provisions that govern all disputes between you and ClearBalance. Unless you opt-out (as described below), you will only be permitted to pursue claims against ClearBalance via binding arbitration. Accordingly, you agree to give up your right to go to court (including in a class action proceeding) to assert or defend your rights under these Terms of Use (except for matters that may be taken to small claims court). Your rights will be determined by a neutral arbitrator and not a judge or jury and your claims cannot be brought as a class action. Please review the section below entitled “Dispute Resolution, Arbitration Agreement” for the details regarding your agreement to arbitrate any disputes with ClearBalance.

The Services

The Services allow you to review invoices and submit payment to your healthcare service providers and/or facilities (“Healthcare Providers”) easily by using a payment card or an electronic funds transfer from your bank checking account. If you choose to use the Services, then you may choose to make a payment in full or you may choose to make multiple payments under a payment plan as indicated within the Services. Depending on the payment option you select, you may be transferred directly to the Healthcare Provider’s website to complete the payment transaction or to another ClearBalance website to complete the payment transaction and, if applicable, create an account for making multiple payments under a payment plan until the bill is paid in full.

Please note that the Services are solely provided as a service for you to review invoices and submit payment to your Healthcare Provider and any processing of payment or the terms and conditions for payment to your Healthcare Provider are outside the scope of the Services. ClearBalance, through the Services, does not act or serve as an agent of the Healthcare Provider. Your Healthcare Provider is solely responsible for the information and content of any communications you receive and for any bills presented to you.

ClearBalance reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Services or any portion thereof (including any Content) at any time. You agree that ClearBalance will not be liable to you or to any third party for any such change, suspension, or discontinuance.

Services Access

To access the Services, you may be asked to provide certain identifying information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current and complete. You acknowledge and agree that all information collected by ClearBalance is subject to our Privacy Policy . By using the Services, you consent to all actions we take with respect to your information in compliance with our Privacy Policy.

We reserve the right to decline to provide access to the Services to any person, or restrict access to any portion of the Services, for any or no reason. By accessing or using the Services, you represent and warrant that you have the full right, power, and authority to enter into and perform under these Terms of Use without the consent or approval of any third party.

Restrictions on the Use of the Services

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Services, you agree not to:

Use the Services in a manner inconsistent with any applicable laws or regulations;
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services;
Except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software;
Engage in unauthorized framing of or linking to the Services;
Make improper use of our support services or submit false reports;
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services;
Use any information obtained from the Services in order to harass, abuse, or harm another person;
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise;
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services;
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services;
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you;
Delete the copyright or other proprietary rights notice from any Content;
Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information, such as user passwords;
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein;
Attempt to impersonate another user or person or use the username of another user;
Sell or otherwise transfer your profile;
Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services;
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”); and
Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or customers of the Services, or expose them to liability.

Violations of these restrictions may result in immediate termination of your access to use the Services as well as civil or criminal liability. ClearBalance will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Accuracy and Integrity of Information

Your Healthcare Provider is responsible for any of the information or content you receive through the Services. At times, ClearBalance, may generate the invoice of your bills, but such invoice is always based upon the information provided by your HealthCare Provider. ClearBalance makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Services and Content thereon. It is possible that the Services could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the services by third parties. In the event that an inaccuracy arises, please inform your Healthcare Provider so that it can be corrected. Information contained in the Services may be changed or updated without notice. Additionally, ClearBalance shall have no responsibility or liability for information or content posted to the Services from any non-ClearBalance affiliated third party.

Payments

Through the Services, ClearBalance may present you with invoices or bills for amounts owed to Healthcare Providers. If you choose to make payments on these invoices or bills using the Services, ClearBalance may gather your payment information for processing by a third-party payment processor (a “Payment”). While ClearBalance gathers your payment information, the Services do not process your payment transaction and do not hold or retain any financial data related to your Payment, except for confirmation that your Payment has been processed. ClearBalance does not control, and is not responsible for, any fees or charges for the Payment that a service provider, including the Healthcare Provider, may impose, including any charges for insufficient funds, chargeback fees, international wire fees, or other, similar charges. ClearBalance is not responsible for any taxes, duties, levies, withholdings or other liabilities that may be imposed on the Payment (collectively, “Taxes”).

Depending on which payment option you choose through the Services, you may be directed to ClearBalance’s or a third-party provider’s payment platform for payment purposes. Please note that these Terms of Use only apply to use of the Services. The processing of your Payment will be governed by the third-party payment processors’ own terms and conditions and not by these Terms of Use. In addition, depending on which option you choose to pay your bill, you will either be redirected to your Healthcare Provider’s payment website, where your interaction with such Healthcare Provider’s website will be governed by such website’s terms and conditions, or to a different ClearBalance payment website, where your interaction with such different ClearBalance payment website will be governed by such website’s terms of use, but in neither case will these Terms of Use apply to such other website. By providing information through the Services, you represent and warrant that you have the legal right to use, or are the owner of, any payment method for which you provide payment information through the Services.

In using these Services, you acknowledge that:

ClearBalance acts as the payment facilitator between you, your Healthcare Provider and the third-party payment processor by gathering and transmitting financial information to the payment processor, but will not process your Payment as part of the Services;
the Healthcare Provider is the sole determinant of the amounts sent on the invoices and bills and ClearBalance is not responsible for any mistakes in the invoices or in any other notifications you receive through the Services;
the Payments are made between you and the Healthcare Provider and are intended to pay outstanding amounts you owe the Healthcare Provider;
ClearBalance is not a financial institution, money transmitter, or money service and does not receive, hold, process, or transfer any funds on your behalf;
you are solely responsible for having the appropriate authority to submit payment information to us, and for the accuracy of the payment information you submit to us; and
ClearBalance is not responsible if your Healthcare Provider does not receive your Payment.

ClearBalance is not responsible for refunding any payments made using the Services. Your Healthcare Provider to which you have made Payment will determine your eligibility for any refunds and provide any refunds to you. You should contact your Healthcare Provider for further details on obtaining a refund.

ClearBalance is not responsible for and makes no representations or warranties regarding the time necessary to transmit any information regarding Payment, or whether ClearBalance will be able to transmit information for the completion of Payment. ClearBalance reserves the right, in its sole discretion, to refuse to transmit payment any and all payment information.

Intellectual Property

Your Rights

Subject to the terms and conditions of these Terms of Use, you are hereby granted a non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services solely for your own personal use. ClearBalance reserves all rights in the Services not expressly granted herein. Except as expressly set forth herein, no rights or licenses are granted to you under these Terms of Use, whether by implication, estoppel or otherwise.

Proprietary Rights

All pages within the Services and any material made available for download are the property of ClearBalance, or its licensors or suppliers, as applicable. The Services are protected by United States and international copyright and trademark law and you acknowledge that these rights are valid and enforceable. The content of the Services, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through the Services (“Content”) may only be used for purposes authorized by these Terms of Use or otherwise approved in writing by ClearBalance. Your use of the Services for any other reason is strictly prohibited. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, content or other proprietary information (including images, text, page layout, or form) of ClearBalance without our express written consent. You acknowledge that you do not acquire any ownership rights by using the Services. The trademarks, trade names, service marks, brands, logos, and trade dress displayed on the Services (collectively, the “ClearBalance Trademarks”) are the registered and unregistered intellectual and proprietary property of ClearBalance and/or others. Nothing contained in these Terms of Use or on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any ClearBalance Trademark(s) without the express written permission of ClearBalance or the third-party owner of any such ClearBalance Trademark.

User Content

You are solely responsible for all information, data, materials, information, and content you provide to ClearBalance (collectively, the User Content”) on or via the Services. You represent and warrant that: (a) you own the User Content or otherwise have the right to grant the rights and licenses to the Content set forth in these Terms of Use; (b) the use of your User Content does not and will not violate, misappropriate or infringe on the rights of any third party, including privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (c) the User Content does and will comply with applicable law; and (d) the User Content is accurate, complete, and truthful. You acknowledge and agree that your relationship with ClearBalance is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any User Content does not place ClearBalance in a position that is any different from the position held by members of the general public, including with regard to your User Content.

Feedback

You may provide feedback to ClearBalance from time to time describing your experience with the Services and the performance of the Services, including errors, and any ideas, suggestions, modifications and the like regarding the Services (collectively, “Feedback”). ClearBalance will not be obligated to implement any suggestions or correct any defects, bugs or errors in the Services identified in the Feedback or otherwise. You hereby assign and agree to assign to ClearBalance all right, title and interest worldwide in and to the Feedback, and all intellectual property rights therein.

Links to Third Party Websites

ClearBalance makes no representations whatsoever about any non-ClearBalance website that you may access through the Services. When you access a non-ClearBalance website, please understand that it is independent from ClearBalance, and that ClearBalance has no control over the content on that website. In addition, a link to a non-ClearBalance website does not mean that ClearBalance endorses or accepts any responsibility for the content, or the use, of the linked website. Non-ClearBalance websites may have their own terms of use and/or privacy policy and may have different practices and requirements than ClearBalance’s practices and requirements. You are solely responsible for reviewing any terms of use, privacy policy or other terms governing your use of any external website, which you use at your own risk. You are advised to make reasonable inquiries before entering into any transaction, financial or otherwise, and whether online or offline, with any third party related to any external site.

It is up to you to take precautions to ensure that whatever you select for your use or download from any ClearBalance website or any third-party website is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party websites linked to the Services, you do this entirely at your own risk and you hereby irrevocably waive any claim against ClearBalance with respect to the content or operation of any external website.

Confidentiality

The information transmitted using the Services may be privileged, confidential, and/or protected health information (“PHI”) under applicable law, including being subject to protection under the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”). This information is solely intended for the patient or authorized party of the Healthcare Provider. If you are not the patient, not the legal guardian of the patient, or do not have the express consent of the patient, any access or use of the information transmitted on the Services is strictly prohibited and may subject you to criminal or civil penalties.

Sanctioned List

The Services are not available to those entities or persons that are incorporated in or a resident of a country subject to sanctions by the U.S. State Department and/or the Treasury Department’s Office of Foreign Assets Control or are listed as a “Specially Designated National,” a “Specially Designated Global Terrorist,” a “Blocked Person,” or similar designation under the Office of Foreign Assets Control(“OFAC”) sanctions regime (collectively, “Sanctioned Persons”). If you are a Sanctioned Person, you must not use the Services and should immediately contact ClearBalance if you have previously used the Services.

Third Party Charges and Mobile Alerts

You are solely responsible for any fees or charges incurred to access the Services through an internet service provider or other third party, including without limitation data charges incurred if you are not connected to Wi-Fi access, charges to receive SMS/text messages or other mobile access, which may be billed to you by your wireless carrier. You agree that ClearBalance is not liable in any way for any third-party charges associated with your use of the Services over your mobile device(s).

Communication

The Services may send communications to you via SMS/text messages and/or calls. When doing so, we rely on the authorization and consent you have given your Healthcare Provider to send you these communications. In some cases, you may have directly given your Healthcare Provider authorization and consent before you enrolled in the Services. In other cases, you may have given your Healthcare Provider authorization and consent through the Services. In either case, to receive these communications, you must have represented and warranted to your Healthcare Provider that: (a) you are the authorized user of the mobile device on which you receive our communications or have been granted permission by the authorized user of the mobile device to receive our communications, (b) that the Healthcare Provider may use service providers like ClearBalance to provide the Services, including notification of a bill and (c) you have expressly consented to receive communications related to the purposes you gave consent to receive the communications unless and until such permission is revoked in accordance with the procedure below. By granting such express permission to your Healthcare Provider, you acknowledge that you have consented to receive such messages from us in spite of the fact that your number may otherwise be on the federal or a state’s do-not-call list. If you believe that you have not given your Healthcare Provider your express consent to receive these messages, please immediately contact your Healthcare Provider.

Opt-In/Opt-Out Procedure

Users of the Services must consent and opt in to receive SMS/text messages and/or calls. To stop receiving SMS/text messages on your mobile device, reply “STOP” to the respective SMS/text message, Upon a “STOP” request, we may respond with a confirmatory text message in return that will confirm receipt of your cancellation request as well as indicate that you will no longer receive SMS/text messages from us. Message frequency is based on the reason you have opted in to receive the SMS/text messages. If you have any questions about a SMS/text message you have received from us, you may respond to such SMS/text message with the word “HELP”. For additional assistance, or to opt out from receiving SMS/text messages or calls to your mobile device via call, please contact your Healthcare Provider.

Message and Data Rates

Message and data rates may apply, and you are responsible for any such charges. Please check with your wireless carrier for your plan details.

Carrier Supported List

SMS/text messaging services are available on major wireless carriers (AT&T, Boost Mobile, T-Mobile, Metro by T-Mobile, Verizon Wireless, Sprint, U.S. Cellular, and Virgin Mobile). Even within a coverage area, factors beyond our control or your wireless carrier’s control may interfere with message delivery. Neither your wireless carrier nor ClearBalance is liable for delayed or undelivered messages.

Disclaimer of Warranties

CLEARBALANCE DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. THE SERVICES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICES, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. CLEARBALANCE DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SERVICES.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES, AND LINKED WEBSITES. CLEARBALANCE DOES NOT WARRANT THAT THE SERVICES WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. ALL OF THE FOREGOING WARRANTIES ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

CLEARBALANCE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, INCLUDING A HEALTHCARE PROVIDER, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OFFERINGS OR CONTENT AVAILABLE ON OR THROUGH THIS SERVICES FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY CLEARBALANCE.

Limitation of Liability Regarding Use of Services

CLEARBALANCE AND ANY THIRD PARTIES MENTIONED ON THE SERVICES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SERVICES, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES AND/OR LINKED WEBSITES IS TO STOP USING THE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF CLEARBALANCE TO YOU WITH RESPECT TO YOUR USE OF THE SERVICES IS $500 (FIVE HUNDRED DOLLARS).

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Geographic Restrictions

We are based in the state of California in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Indemnification

You agree to fully indemnify, defend (at ClearBalance’s request), and hold harmless ClearBalance, our agents, successors, and assigns, and our and their directors, officers, employees, consultants and other representatives (collectively, the “ClearBalance Parties”) from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from: (a) your actual or alleged breach of these Terms of Use; (b) any allegation that any User Content or other materials you submit to us or transmit to the Services infringe, misappropriate, or otherwise violate the copyright, patent, trademark, trade secret or other intellectual property or other right of any third party; (c) your activities in connection with the Services or any other website to which the Services is linked; (d) your negligence or willful misconduct; € your use of the results, content, products, services, software, data, or information provided via the Services; (f) any service or product offered by you in connection with or related to your use of the Services; and/or (g) your violation of any applicable law.

Dispute Resolution; Arbitration Agreement

We will try in good faith to resolve any issue you have with the Services if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.

Unless you opt out (as described below), you and ClearBalance agree that any dispute, claim, or controversy arising out of or relating in any way to your use of the Services and any Payments made through use of the Services, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and ClearBalance are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and ClearBalance.

Notice Process

If you desire to assert a claim against ClearBalance, and you therefore elect to seek arbitration, you must first send to ClearBalance, by certified mail, a written notice of your claim (“Arbitration Notice”). The Arbitration Notice to ClearBalance should be addressed to: ClearBalance, P.O. Box 927830 San Diego, CA 92192-7830, Attention Legal Dept. (“Notice Address”). If ClearBalance desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Arbitration Notice to the most recent address we have on file or otherwise in our records for you. An Arbitration Notice, whether sent by you or by ClearBalance, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If ClearBalance and you do not reach an agreement to resolve the claim within thirty (30) days after the Arbitration Notice is received, you or ClearBalance may commence an arbitration proceeding or file a claim in small claims court.

Arbitration Process

You may download or copy a form Arbitration Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after ClearBalance receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and will be administered by the AAA. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless ClearBalance and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you but will remain subject to the AAA Rules including the AAA Rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of ClearBalance’s last written settlement offer made before an arbitrator was selected (or if ClearBalance did not make a settlement offer before an arbitrator was selected), then ClearBalance will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the substantially prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

YOU AND CLEARBALANCE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and ClearBalance agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. During the arbitration, the amount of any settlement offer made by ClearBalance, or you shall not be disclosed to the arbitrator.

Confidentiality

Any arbitration will be confidential. Neither you, ClearBalance, the AAA, nor the arbitrator may disclose the existence, content (including any oral or written submissions), or results of any arbitration, except as may be required by applicable law or for purposes of enforcing or challenging of the arbitration award.

Opt Out

You may opt-out of this dispute resolution procedure by providing written notice to ClearBalance at P.O. Box 927830 San Diego, CA 92192-7830 no later than thirty (30) calendar days from the date of first use of the Services. Opting out of this dispute resolution procedure will not otherwise affect the coverage or applicability of these Terms of Use or your ability to use the Services in any way.

Governing Law and Forum

Without limiting any of the foregoing, disputes between you and ClearBalance shall be governed by, and construed and interpreted in accordance with, the Federal Arbitration Act, applicable federal law, and the laws of the State of New York without regard to conflict of laws principles.

If the arbitration provision of these Terms of Use is found to be unenforceable or if you opt out of arbitration in accordance with these Terms of Use, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) you and ClearBalance acknowledge and consent to the exclusive jurisdiction and venue for any claims being in state or federal courts in New York, New York.

Notice for California Users

Under California Civil Code Section 1789.3, California Service users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

Revisions

In its sole discretion and at any time, ClearBalance may revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. The date these Terms of Use were last updated is set forth at the top of this page. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Services. If you continue to access and use the Services after the effective date of these changes, you will be deemed to have accepted these changes. If you do not accept such changes, you should not use or access the Services.

General

ClearBalance reserves the right, in its sole discretion and at any time, to terminate your access to all or part of this Services, with or without cause, and with or without notice. The failure by ClearBalance to enforce any provision or right contained in these Terms of Use will not be deemed a waiver of such provision or right. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use, including our Privacy Policy , constitute the entire agreement between ClearBalance and you pertaining to the subject matter hereof. These Terms of Use may not be changed, waived or modified except by ClearBalance posting such changes, waivers or modifications within the Services. If any employee of ClearBalance offers to modify these Terms of Use, he or she is not acting as an agent for ClearBalance or speaking on ClearBalance’s behalf. You may not rely, and should not act in reliance on, any statement or communication from an employee of ClearBalance or anyone else purporting to act on ClearBalance’s behalf. These Terms of Use are between you and ClearBalance; there are no third-party beneficiaries. You are responsible for compliance with all applicable laws. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use. Neither these Terms of Use nor any right, obligation or remedy hereunder is assignable, transferable, delegable or sublicensable by you except with ClearBalance’s prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. ClearBalance may assign, transfer, or delegate these Terms of Use or any right or obligation or remedy hereunder in its sole discretion. ClearBalance shall not be in breach of this Agreement nor liable for any delay in performing, or failure to perform, any of its obligations under this Agreement, if such delay or failure result from events, circumstances, or causes beyond its reasonable control. Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. As used in these Terms of Use, “including” means “including without limitation”. If you have any questions about the Services or these Terms of Use, please call us at (877) 203-4022 or write to us at P.O. Box 927830 San Diego, CA 92192-7830.

Last Updated: January 2024