TERMS AND CONDITIONS
These Terms and Conditions (“Terms and Conditions” or “Agreement”) apply to: (a) all transactions between you and Clarityforconsumers.com, Inc. (“CFC”) and all transactions through the www.clarityforconsumers.com website (and all other websites owned and operated by CFC) including, but not limited to, the sale of by CFC and the purchase of by you, the products identified and described herein as Clear Inquiry™ and Clear Tradeline™ (together, the “Products”); and (b) your access to and use of the website located at www.clarityforconsumers.com, or other websites which may be used by CFC from time to time (“Product Website”); and (c) your access to and use of credit resources, text, pictures, graphics, logos, button items, icons, images, videos, works of authorship, and other information and all revisions, modifications, and enhancements thereto (the “Content”).
YOUR ORDER OF, USE OF, AND ACCESS TO, THE PRODUCTS, PRODUCT WEBSITES AND CONTENT ARE SUBJECT TO ALL TERMS AND CONDITIONS CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR ORDER OF, ACCEPTANCE OF, USE OF, AND/OR ACCESS TO, THE PRODUCTS, PRODUCT WEBSITES, AND/OR CONTENT CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ORDER, USE OR ACCESS ANY PRODUCT, PRODUCT WEBSITE OR CONTENT, OR ANY OF THE INFORMATION WITHIN THE PRODUCT, PRODUCT WEBSITE, OR CONTENT.
This Agreement may be updated from time to time. Online customers should check the Product Websites regularly for updates to these Terms and Conditions. Each time you order, access or use any of the Products, Product Websites, and/or Content, you signify your acceptance and agreement, without limitation or qualification, to be bound by the then current Agreement.
1. USE OF THE PRODUCTS
You understand and agree that by submitting your order you are providing “written instructions” in accordance with the Fair Credit Reporting Act, as amended (“FCRA”), for CFC to obtain information from your personal credit profile from Clarity Services, Inc. or any other credit reporting company in order to process your order and provide you with the Products.
You authorize CFC to access your credit profile to verify your identity and to provide the Products from Clarity Services, Inc. You also authorize CFC to access your credit profile to perform other functions related to providing the product(s) that you have ordered or may order, including verifying your identity or any certification that you may be required to make.
In consideration of your order of, access to, and/or use of any Product, Product Website, and/or Content you agree to provide true, accurate, complete and current information about you when prompted to do so by the registration and application forms or requested to do so by CFC. By purchasing the Products, you certify that you are eighteen (18) years of age or older. If any information you provide is untrue, inaccurate or not current, or if CFC has reasonable grounds to suspect that such information is untrue, inaccurate or not current, CFC, at its sole discretion, has the right to suspend or terminate your order of, use of, and/or access to, any Product, Product Website and/or Content, and refuse all current or future orders of, use of, and/or access to, any Product, Product Website and/or Content, or suspend or terminate any portion thereof. Further, you agree that CFC will not be liable to you or any third party if CFC terminates your order of, use of, or access to any Product, Product Websites or Content, or any portion thereof, for any reason.
Your use of the Products shall commence with the occurrence of both: (1) your completion of the identification and payment fields; and (2) the successful verification of your identity based on your answers to a series of identity verification questions, which will be presented to you immediately after your complete the identification and payment fields. If you are unable to correctly answer the identity verification questions, and we are unable to verify your identity, you will not receive the Products,
but your bank account will not be debited.
Your use of the Products shall terminate at the earlier of: (1) at the point you leave the CFC website; or (2) you are inactive for a period of fifteen (15) minutes or greater. Therefore, you should print your Products prior to leaving the site or prior to a period of fifteen (15) minutes of inactivity occurs.
YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND CFC, AND ITS PARENTS, AFFILIATES, SUBSIDIARIES OR RELATED COMPANIES, INCLUDING BUT NOT LIMITED TO TORT AND CONTRACT CLAIMS (WHETHER SUCH CLAIMS SEEK LEGAL OR EQUITABLE RELIEF), CLAIMS BASED UPON ANY FEDERAL, STATE OR LOCAL STATUTE, LAW, ORDER, ORDINANCE OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION AT A LOCATION DETERMINED BY THE ARBITRATOR. ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY ANY STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”). NEITHER YOU NOR CFC SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL.
3. FCRA DISCLOSURES
The FCRA allows you to obtain a copy of all of the information in your consumer credit file disclosure from any consumer credit reporting company for a reasonable charge. The FCRA also states that individuals are entitled to receive a disclosure directly from the consumer credit reporting company free of charge under the following circumstances:
- You have been denied credit, insurance, or employment in the past 60 days as a result of your report;
- You certify in writing that you are unemployed and intend to apply for employment in the 60-day period beginning on the day you make the certification;
- You are a recipient of public welfare assistance; or
- You have reason to believe that your file at the agency contains inaccurate information due to fraud.
The FCRA also permits consumers to dispute inaccurate information in their credit report without charge. You do not have to purchase your credit report or other information from CFC to dispute inaccurate or incomplete information in your Clarity Services, Inc. file or to receive a copy of your Clarity Services, Inc. consumer disclosure.
The credit report you are requesting from CFC is not intended to constitute the disclosure of Clarity Services, Inc. information required by the FCRA or similar state laws. Clarity Services, Inc. provides a consumer disclosure that may be different from the consumer credit report provided by CFC. This disclosure must be obtained from Clarity Services, Inc. by going to www.clarityservices.com/support or calling 866-390-3118.
The FCRA allows consumers to get one free comprehensive disclosure of all of the information in their credit file from each of the three national credit reporting companies (Experian, Equifax, and TransUnion) once every 12 months through a central source. Although comprehensive, the credit reports from each of the three national credit reporting companies that are available from CFC may not have the same information as a credit report obtained directly from the three national credit reporting companies or through the central source. To request your free annual report under the FCRA, you must go to www.annualcreditreport.com, or call 877-322-8228.
CFC PRODUCTS ARE NOT THE FREE DISCLOSURE(S) TO WHICH YOU MAY BE ENTITLED UNDER THE FCRA
4. MODIFICATION OF PRODUCTS
CFC may, at its discretion, modify or discontinue any of the Products, Product Websites, or Content, or any portion thereof, with or without notice. You agree that CFC will not be liable to you or any third party for any modification or discontinuance of any of the Products, Product Websites, or Content.
5. NOTICE OF PROSECUTION
Any person who knowingly and willfully obtains a consumer credit report or disclosure under false pretenses will be reported to law enforcement and may face criminal prosecution.
6. SECURITY MEASURES AND AUTHENTICATION
After you complete the order form and answer the identification questions, you will receive an email containing a link to view the Products. This is done to protect your privacy and to safeguard your information. Because CFC uses security measures designed to protect your privacy and to safeguard your information, CFC may not always be able to successfully provide Products to you. For example, if you fail to correctly answer the questions presented to you in order to verify your identity or if we are unable to process your payment, we will be unable to provide you with the Products but your bank account will not be charged for the transaction.
7. PERSONAL INFORMATION
CFC may use your personal information to the extent necessary to process your order and/or engage in business maintenance.
By submitting your order, you acknowledge receipt of our
and agree to its terms.
9. ON-LINE REQUIREMENTS
10. NO WARRANTY BY CFC
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PRODUCTS, PRODUCT WEBSITES AND CONTENT IS AT YOUR SOLE RISK. ALL PRODUCTS, PRODUCT WEBSITES AND CONTENT ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. CFC AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. THE INFORMATION CONTAINED IN THE PRODUCTS, PRODUCT WEBSITES, CONTENT OR OTHER MATERIALS YOU MAY RECEIVE FROM CFC DO NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. CFC MAKES NO WARRANTY THAT (I) THE PRODUCTS AND CONTENT ARE ACCURATE, TIMELY, UNINTERRUPTED OR ERROR-FREE; AND (II) ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR CONTENT WILL BE RELIABLE.
11. LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT CFC WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE, OR INABILITY TO USE THE PRODUCTS, PRODUCT WEBSITES OR FROM YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE UPON ANY LINKED WEB SITE (IF APPLICABLE), EVEN IF CFC HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED UPON CFC, THEN YOU AGREE THAT CFC'S TOTAL LIABILITY TO YOU FOR ANY OR ALL OF YOUR LOSSES OR INJURIES FROM CFC'S ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO CFC FOR THE PRODUCT(S) YOU PURCHASE FROM CFC.
12. NOT A CREDIT REPAIR ORGANIZATION OR CONTRACT
CFC offers access to your credit report other credit information. CFC, its corporate parent, affiliates, and subsidiaries are not credit repair organizations, and are not offering to sell, provide or perform any service to you for the express or implied purpose of either improving your credit record, credit history or credit rating or providing advice or assistance to you with regard to improving your credit record, credit history or credit rating. You acknowledge and agree that you are not seeking to purchase, use, or access any of the Products, Product Websites, and Content in order to do so.
If you believe that your credit report contains inaccurate, non-fraudulent information, it is your responsibility to contact the relevant credit reporting company, and follow the appropriate procedures for notifying the credit reporting company that you believe that your credit report contains an inaccuracy. Any information provided to you regarding the procedures followed by the various credit reporting companies related to the removal of inaccurate, non-fraudulent information is provided without charge to you and is available for free. Any such information is not included as part of your purchase of the Products but is provided free of charge to all consumers, regardless of whether they purchase the Products or any product from any consumer reporting agency.
13. CLEAR INQUIRY™
The Clear Inquiry™ product is a report generated by Clarity Services, Inc. and includes identification and historical application information.
14. CLEAR TRADELINE™
The Clear Tradeline™ product is a credit report generated by Clarity Services, Inc. and includes information relevant to your tradeline and inquiry history.
15. PURCHASE OF ANY PRODUCT
To request the Products, you must have an address within the United States, a valid social security number, address, email address, date of birth, valid checking account, and agree to be bound by these Terms and Conditions. In certain jurisdictions sales tax at state and local rates may apply, in which case you may be charged the applicable taxes in addition to the monthly fee and/or the price of the Products.
16. CREDIT REPORTS - ADDITIONAL TERMS AND CONDITIONS
When you use any Product, Product Website and/or Content to access your personal credit report and/or credit score, you are certifying that you understand and agree to the following:
- You may access your credit report only during the browser session immediately following the verification of your identity.
- Refunds will not be issued once we have successfully located and delivered the Product(s) to you.
- If you have questions regarding your credit report or would like to dispute information, you may request an investigation by contacting Clarity Services, Inc.
- For online customers, if you are inactive (have not clicked on an item or refreshed the page) for a period of fifteen (15) minutes or more when reviewing the Products, your session will conclude and you will be logged out for your protection.
Disclaimers: You acknowledge that the information provided to you through the Products, including the score factors derived from the elements in your credit report, may change over time as your credit report changes. CFC is not responsible for the accuracy or contents of your credit file, including but not limited to information delivered in the credit report and/or score products.
All Content included on this Product Website, such as text, graphics, logos, button items, icons, images, data compilation, is the property of CFC or its suppliers and is protected by United States and international copyrights laws. All software used on this site is the property of CFC or its software suppliers and is protected by United States and international copyright laws Reproduction of such content, in whole or in part, is prohibited without prior consent.
Certain aspects of this website as well as features and services accessible from this website may be covered by certain patent rights assigned to Clarity Services, Inc.
19. ENTIRE AGREEMENT
You understand and agree that by submitting your order you are providing “written instructions” in accordance with the Fair Credit Reporting Act, as amended (“FCRA”), for CFC to obtain information from your personal credit profile from Clarity Services, Inc. or any other credit reporting company.
By agreeing to these Terms and Conditions, you hereby authorize CFC to initiate an ACH debit entry in the amount of $0.99 against the account and routing numbers you provided to CFC, on the date of this authorization, and you authorize such institution to accept and to debit the amount to your account. If you choose to revoke this authorization, you must contact us immediately at firstname.lastname@example.org