Terms of Use

Last Updated: May 14, 2020

Acceptance of the Terms of Use

These Terms of Use (“Terms” or “Agreement”) are entered into by and between You and Clair, Inc. (“Company,” “We,” or “Clair”). The following terms and conditions govern your access to and use of our website (the “Website”) and our Clair application (the “Mobile App”) owned and operated by us, including any content, functionality and services offered on or through our Website and Mobile App (collectively, the “Services”). 

Please read these Terms carefully before you start to use the Website or Mobile App. By accessing, browsing, or using any of the Services, you represent that you are 18 years of age or older and you have read and agree to be bound by these Terms of Use in their entirety and all applicable laws, rules, and regulations governing your use of the Services. If you do not wish to agree to these Terms, you must not access or use our Services. 

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Accessing Services and Account Security

We reserve the right to withdraw or amend our Services or material we provide on Website or Mobile App, in our sole discretion without notice. We will not be liable if for any reason all or any part of our Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or Mobile App, or the entire Website or Mobile App, to users and customers.

You are responsible for both:

  • Making all arrangements necessary for you to have access to our Services.
  • Ensuring that all persons who access our Services through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or Mobile App or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Website or Mobile App is correct, current, and complete. You agree that all information you provide to register with this Website, Mobile App, or otherwise, including, but not limited to, through the use of any interactive features on the Website or Mobile App, is governed by our Website Privacy Policy and/or Product Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Website and Product Privacy Policies.

Intellectual Property Rights

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Clair, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms permit you to use the Services for your personal, non-commercial use only. No right, title, or interest in or to the Website or Mobile App or any content on the Website or Mobile App is transferred to you, and all rights not expressly granted are reserved by Clair. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Prohibited Uses

You may use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the Services in any way that violates any applicable federal, state, local, or international law or regulation.
  • Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Clair or users of the Services or expose them to liability.
  • Cause the Website or Mobile App or portions of it to be displayed on, or appear to be displayed by, any other Website or Mobile App, for example, framing, deep linking, or in-line linking.
  • Otherwise take any action with respect to the materials on the Website or Mobile App that is inconsistent with any other provision of these Terms.
  • Impersonate or attempt to impersonate the Company, a Clair employee, another user or customer, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

Third Party Products and Services

By utilizing any of our third-party service providers’ (“Processors and Sub-Processors") products or services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third-party products or services. This includes our banking partner’s Terms of Service, which governs electronic fund transfers, and other processors used by the Services. Additionally, your use of our Services grants us and our Processors and Sub-Processors and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material you provide in accordance with our Website Privacy Policy, and Processors/Sub-Processors of Customer Data page.

Cardholder Services

To be eligible for a Clair Card, you must agree to our Product Privacy Policy, our banking partner’s  Consumer Cardholder Agreement, our banking partner’s Deposit Agreement, and our banking partner’s Know Your Customer (KYC) Validation Process. Additionally, our banking partner’s Consumer Cardholder Agreement includes information regarding authorized uses of and regulatory requirements pertaining to your Clair Card.

Fee Disclosures

Information related to any fees associated with our banking partner and your Clair Card can be found on our Fee Disclosure Page. Please note that there may be specific fees associated with our banking partner and your use of the Clair Card.

Reliance on Information Posted

The information presented on or through the Website or Mobile App is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or Mobile App, or by anyone who may be informed of any of its contents.

Links from the Services

If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party sites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such sites.

Disclaimer of Warranties

YOUR USE OF THE SERVICES, THE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR MOBILE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CLAIR NOR ANY PERSON ASSOCIATED WITH CLAIR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER CLAIR NOR ANYONE ASSOCIATED WITH CLAIR REPRESENTS OR WARRANTS THAT THE SERVICES, THE CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, CLAIR HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL CLAIR, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Clair, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use.

Waiver and Severability

No waiver by Clair of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Clair to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Governing Law and Jurisdiction

All matters relating to these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Arbitration

Any dispute or claim arising from these Terms of Use or use of the Website or Mobile App will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Andrew R. Modell, Latham & Watkins, LLP. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You agree to reimburse Clair for all reasonable attorneys' fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court, including injunctive and declaratory relief or statutory damages, and must follow the terms of this Agreement as a court would.

Further, to the fullest extent permitted by law, you agree that no class or collective actions can be asserted in arbitration or otherwise.  All claims, whether in arbitration or otherwise, must be brought solely in your individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Your Comments and Concerns

These services are operated by Clair, Inc. 

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: 

902 Broadway, Floor 6

New York, NY, 10010

support@getclair.com

+18334625247

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