Terms and Conditions
Welcome to the Clear Financial Co. website. These Website Terms and Conditions, including any documents incorporated by reference, govern your use of the websites operated by Clear Financial Co. and any of its subsidiaries and affiliates, collectively referred to as “CFC,” “Clear Financial,” “we,” “us,” or “our.”
By registering for, accessing, browsing, or otherwise using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and our Privacy Policy. If you do not agree with any part of these terms, you should immediately stop using this website.
Acceptance of Terms
By using the Clear Financial Co. website, you agree to comply with these Terms and Conditions, all applicable laws and regulations, and any additional terms that may apply to specific products or services offered through this website.
Some products or services may be subject to additional terms and conditions, including those offered by or through third-party providers. To the extent those additional terms do not conflict with these Terms and Conditions, they are incorporated by reference. If there is any inconsistency, these Terms and Conditions will control unless otherwise stated in a separate written agreement.
Eligibility
The products and services offered through this website are not available to persons under the age of 18 or to persons who are not legal residents of the United States.
By clicking any “Submit” button, accessing, browsing, or otherwise using this website, you represent and warrant that you are at least 18 years of age and are a legal resident of the United States.
Products and Services
Clear Financial Co. provides access to information about financial products and services, which may include but are not limited to:
- Financial consultation
- Unsecured credit card and personal loan relief
- Medical debt relief
- Asset and living expense resolution
- Business management consultation
- Business debt relief
- Debt resolution services
- Consumer loan and related financial service information
Certain sections of this website may function as an online marketplace where visitors can research and submit requests for debt resolution services, home and consumer loans, and other products or services.
If you submit a request for a product, service, or additional information, you understand and agree that CFC may share your information as needed to match you with selected providers of the products or services you request.
The content on this website is provided for informational purposes only and does not constitute professional financial, tax, legal, or accounting advice. You should consult the appropriate licensed professional for guidance related to your specific financial, tax, legal, or accounting concerns.
Consent to Be Contacted
By submitting your contact information to us, you expressly consent to be contacted by CFC or by one or more providers of products and services by telephone, email, or postal mail.
This consent applies even if you have opted into the national Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List, or the Do Not Call List of any specific institution.
Prohibited Conduct
You agree to use this website only for lawful purposes and in compliance with these Terms and Conditions. You may use the website solely to access information and contact providers of the products or services advertised or made available through the website.
By using the website, you agree not to:
- Use the website for any unauthorized, unlawful, or improper purpose.
- Submit, transmit, facilitate the distribution of, or otherwise make available content that is illegal, harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of privacy or publicity rights, or otherwise objectionable.
- Attempt to interfere with, compromise, or disrupt the security, integrity, or operation of the website, its servers, or any transmissions to or from the website.
- Bypass any measures used to prevent or restrict access to the website.
- Take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure.
- Use any robot, spider, scraper, or similar automated system to access the website.
- Impersonate another person or entity, misrepresent your affiliation with any person or organization, conduct fraud, or attempt to hide your identity.
- Submit, upload, post, email, transmit, or otherwise make available any information or content that you do not have the right to make available under applicable law or under contractual or fiduciary relationships.
License to Use the Website
Subject to your compliance with these Terms and Conditions, CFC grants you a personal, limited, non-exclusive, non-transferable, revocable license to use the website for the purpose of accessing information and contacting providers of the products and services available through the website.
CFC reserves all rights not expressly granted in these Terms and Conditions, including the right to take any lawful action necessary to prevent unauthorized use of the website.
Information You Provide
By using this website and submitting information through it, you grant CFC a worldwide, non-exclusive, perpetual, irrevocable, transferable, sublicensable, assignable, royalty-free license to transfer, display, reproduce, distribute, modify, and otherwise use your personal and other information, subject to our Privacy Policy and any applicable legal restrictions.
Privacy Policy
CFC is committed to protecting the privacy of visitors who use this website and access the products or services available through it. Your use of the website is also subject to our Privacy Policy, which explains how we collect, use, and protect your information.
Intellectual Property
The websites are owned and operated by CFC. All content displayed on the websites, including text, images, logos, graphics, visual interfaces, designs, information, computer code, software, and all other website elements, is owned by CFC or its third-party licensors.
These materials are protected by United States copyright, trade dress, patent, trademark, service mark, and other intellectual property and proprietary rights laws, as well as applicable international conventions.
Except as otherwise specified on the websites or expressly authorized by CFC, you may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of any website content.
Links to Third‒Party Sites and Dealings With Third Parties
This website may include links or references to websites owned or operated by third parties. CFC does not control those third-party websites and is not responsible for their availability, content, advertising, products, services, policies, or practices.
Any access to or use of third-party websites is solely at your own risk.
Your correspondence, business dealings, or agreements with third parties, including credit counseling services, debt settlement services, mortgage brokers, lenders, insurance agents or carriers, or other product or service providers, are solely between you and that third party.
CFC is not responsible for any terms, conditions, warranties, representations, loss, or damage related to your dealings with third parties. CFC does not make credit decisions, recommend or endorse third-party products or services, guarantee the products or services of any third party, or become a party to any discussions or agreements between you and a third party.
CFC does not charge anyone a fee to use this website.
Termination of Access
CFC may terminate your use of the website at any time, in its sole discretion, for any reason or no reason, without penalty or liability. CFC may also discontinue access to one or more websites at any time.
Termination may occur with or without prior notice, and CFC will not be liable to you or any third party for such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities.
Your sole and exclusive remedy for dissatisfaction with the website, these Terms and Conditions, or any CFC policy or practice is to stop using the website.
Indemnification
You agree to indemnify, defend, and hold harmless CFC, its contractors, employees, agents, third-party suppliers, and business partners from any claims, losses, damages, liabilities, legal fees, and expenses arising out of your use or misuse of the website, your violation of these Terms and Conditions, or your breach of any representations, warranties, or covenants made by you.
CFC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate with CFC’s defense of any such claims.
No Warranty and Disclaimers
To the fullest extent permitted by applicable law, CFC and its third-party suppliers and business partners disclaim all warranties, whether statutory, express, or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
No advice or information, whether oral or written, obtained by you from CFC or through the website will create any warranty not expressly stated in these Terms and Conditions.
Your use of the website is at your sole risk. The website and any data, information, commercial content, third-party websites, products, or services made available through the website are provided on an “as is,” “as available,” and “with all faults” basis, without warranties or representations of any kind.
CFC does not warrant that the website, third-party websites, products, services, data, information, or commercial content will be uninterrupted, error-free, secure, free of viruses or other harmful components, or that any such issues will be corrected.
You are solely responsible for any damage to your property, including your computer system, or loss of data that results from your use of this website or any third-party website.
Limitation of Liability
Under no circumstances, including negligence, will CFC or its third-party suppliers and business partners be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages arising out of or relating to these Terms and Conditions, your use of the website, your inability to use the website, any third-party website, or any interaction with CFC.
This includes, without limitation, damages related to lost business, lost revenue, loss of anticipated profits, unsuccessful court actions or legal disputes, or any other financial or non-financial loss, even if CFC has been advised of the possibility of such damages.
Some applicable laws may not allow the limitation or exclusion of liability for incidental or consequential damages. In those cases, CFC’s liability will be limited to the fullest extent permitted by law.
Release
By using any CFC website, you agree to release and discharge CFC, its third-party suppliers, business partners, and each of their respective agents, directors, officers, employees, and related persons or entities from any and all claims, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and expenses of any kind, whether known or unknown, arising out of or connected with your use of the website.
If you are a California resident, you waive California Civil Code Section 1542, which states that a general release does not extend to claims that the creditor does not know or suspect to exist in their favor at the time of executing the release, and that, if known, would have materially affected the settlement.
Dispute Resolution
If a dispute arises between you and CFC related to these Terms and Conditions or any product or service obtained through the website, you and CFC agree to first attempt to resolve the dispute directly.
If the dispute cannot be resolved informally, CFC will consider reasonable requests to resolve the matter through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
For any claim, excluding claims for injunctive or other equitable relief, where the total amount sought is less than $10,000, either party may elect to resolve the dispute through binding, non-appearance-based arbitration. If arbitration is elected, the party initiating arbitration will do so through an established alternative dispute resolution provider.
The arbitration will be conducted by telephone, online, or through written submissions, as selected by the party initiating arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless mutually agreed by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Changes to These Terms and Conditions
CFC reserves the right to change, modify, add, or remove portions of these Terms and Conditions at any time by posting amended Terms and Conditions on the website.
Please check these Terms and Conditions periodically for updates. Your continued use of the website after changes are posted constitutes your binding acceptance of those changes. Unless stated otherwise, amended Terms and Conditions are effective immediately and without further notice.
Notices
CFC may provide notices to you by email, regular mail, or postings on the website. Notice by email will be deemed given 24 hours after the email is sent, unless CFC is notified that the email address is invalid.
If CFC provides legal notice by mail to a postal address you have provided through the website, notice will be deemed given three calendar days after the date of mailing.
All notices to CFC must be made in writing and mailed to:
Clear Financial Co.
611 Druid Rd. E. Ste 703
Clearwater, FL 33756
Attn: General Counsel
Governing Law and Forum
These Terms and Conditions are governed by the laws of the State of California, without regard to conflict of law provisions.
Any claim or dispute you may have against CFC must be resolved by a court located in San Mateo County, California, except as otherwise agreed by the parties or as described in the Dispute Resolution section above. You agree to submit to the personal jurisdiction of the courts located within San Mateo County, California, for the purpose of litigating such claims or disputes.
Any claim filed or brought contrary to the Dispute Resolution section or this Governing Law and Forum section will be considered improperly filed. If you file a claim improperly, CFC may recover reasonable attorneys’ fees and costs, provided that CFC has notified you in writing of the improper filing and you have failed to withdraw the claim promptly.
Waiver and Severability
The failure of CFC to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of that right or provision.
Any waiver of any provision of these Terms and Conditions will be effective only if it is in writing and signed by CFC.
If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the remaining provisions will remain in full force and effect. The parties agree that such court should endeavor to give effect to the parties’ intentions as reflected in the original provision.
Assignment
You may not transfer or assign any of your rights or obligations under these Terms and Conditions without the express prior written consent of CFC, given in its sole discretion.
CFC may freely assign or transfer any of its rights and obligations under these Terms and Conditions without restriction or limitation.
Entire Agreement
These Terms and Conditions and any document incorporated by reference constitute the entire agreement between you and CFC regarding your use of the website and supersede any prior agreements between you and CFC regarding such use.
You may also be subject to additional terms and conditions that apply when you use or purchase certain products or services provided by CFC or one of its third-party business partners.
Survival
The provisions related to license grants, information you provide, prohibited conduct, ownership and proprietary rights, third-party links and dealings, termination, indemnification, disclaimers, limitation of liability, release, dispute resolution, notices, governing law and forum, assignment, entire agreement, and any other provisions that by their nature should survive termination will remain in effect after your access to the website ends or after you stop using the website.
Debt Relief Disclaimers
Clear Financial Co. offers various financial products and services through its wholly owned subsidiary, CFC, and affiliates (collectively, """"CFC)""""), which may be provided by CFC or other unaffiliated third parties.
All estimates for CFC's services are based on prior results, which will vary depending on your specific enrolled creditors and your individual program terms. Not all clients are able to complete their program for various reasons, including their ability to save sufficient funds. CFC does not guarantee that your debts will be resolved for a specific amount or percentage or within a specific period of time. Nor will it assume your debts, make monthly payments to creditors, or provide tax, accounting, or legal advice or services.
CFC's service is not available in all states, including New Jersey, and its fees may vary from state to state. Please contact a tax professional to discuss potential tax consequences of less-than-full-balance debt resolution. Read and understand all program materials prior to enrollment. The use of CFC's services will likely adversely affect your creditworthiness, may result in you being subject to collections or being sued by creditors or collectors, and may increase the outstanding balances of your enrolled accounts due to the accrual of fees and interest. However, negotiated results CFC obtains on your behalf resolve the entire account, including all accrued fees and interest.
C.P.D. Reg. No. T.S.12-03825.
By proceeding, you acknowledge that you may be contacted by one or more representatives of CFC to discuss options.