Date: May 2, 2013
This Agreement sets forth the terms and conditions that apply to your access and use of the
internet web site owned and operated by ClearStreet, Inc., a Delaware corporation ("ClearStreet"),
and located at clearstreetinc.com ("clearstreetinc.com").
By using clearstreetinc.com you agree to be bound by the terms and conditions of this Agreement
(see "Modifications" below).
Accepting the Terms
By using the information, tools, features and functionality located on clearstreetinc.com
(collectively, the "Service"), you agree to be bound by this Agreement,
whether you are a "Visitor" (which means that you simply browse the clearstreetinc.com website)
or you are a "User" (which means that you have registered with ClearStreet).
If you wish to become a User and make use of the Service,
you must read this Agreement and indicate your acceptance during the Registration process.
Privacy and your Personal Information
For information about ClearStreet's data security practices,
This policy explains how ClearStreet treats your personal information
when you access myclearstreet.com and use the Service.
The policy may be updated from time to time at our discretion.
Changes will be effective upon posting to the site.
Description of the Service
At ClearStreet (ClearStreetInc.com),
we are dedicated to providing social and mobile technologies to provide individuals with engaging and powerful ways to create cash reserves and optimize deposits. The Service is an online application that enables you to select, setup, and configure any or all of several saving programs. These programs enable our registered members to commit to a savings goal and make periodic deposits from their checking accounts into a savings account. ClearStreet is not a money servicing company. Rather, ClearStreet is a social and mobile application provider that partners with regulated money servicing companies to deliver its service to our members. The Service is provided to you free of charge by ClearStreet.
Your Use of the Service
Your right to access and use myclearstreet.com and the Service is personal to you
and is not transferable by you to any other person or entity.
You are only entitled to access and use myclearstreet.com for lawful purposes.
Accurate records enable ClearStreet to provide the Service to you.
You must provide true, accurate, current and complete information,
as requested in our "sign up" setup forms,
and you may not misrepresent your Registration Information.
In order for the Service to function effectively,
you must also keep your Registration Information up to date and accurate.
If you do not do this, the accuracy and effectiveness of the Service to you will be affected.
Your access and use of myclearstreet.com may be interrupted from time to time
for any of several reasons, including, without limitation, the malfunction of equipment,
periodic updating, maintenance or repair of myclearstreet.com.
Rights You Grant to Us
By submitting information, data, passwords, User IDs, PIN's,
other information, materials and other content to ClearStreet through the Service,
you are licensing that content to ClearStreet solely for the purpose of providing the Service.
ClearStreet may use and store the content,
but only to provide the Service to you and may not use it for any other reasons.
By submitting this content to ClearStreet,
you represent that you are entitled to submit it to ClearStreet for use for this purpose,
without any obligation by ClearStreet to pay any fees or other limitations.
ClearStreet provides consumers with opportunities to purchase products and services
from third party merchants ("Merchants").
Merchants are willing to provide attractive offers of products or services ("Offers")
in order to reach ClearStreet members.
How It Works:
By clicking on an Offer,
you will be transferred to the Merchant's website.
When purchasing an Offer, you agree to the terms,
restrictions, and conditions associated with the Offer and the Site.
A membership with ClearStreet is required so that we can send you
highly targeted deals and offers related to your preferences and interests.
From time to time we may offer special promotions,
contests, and/or sweepstakes intended to provide you an incentive
to purchase Offers or to encourage you to get others to do so.
The applicable rules will be posted on myclearstreet.com in or near
the description of each such promotion.
We reserve the right to interpret these rules in our sole discretion,
and you hereby agree to our interpretation.
To be clear, ClearStreet markets the Offers and acts an as agent in
selling the Vouchers on behalf of the Merchants,
but the Merchant is the issuer of the Voucher.
As issuer of the Voucher,
the Merchant is fully responsible for any and all injuries, illnesses,
damages, claims, liabilities and costs suffered by or in respect of a customer,
caused in whole or in part by the Merchant or its products and services,
as well as for any unclaimed property liability
arising from unredeemed or partially redeemed Vouchers.
By purchasing an Offer,
a customer acquires the right to print a Voucher issued by the participating Merchant
and to use the Voucher according to its terms and the terms of this Agreement.
Whether you choose to print and/or redeem the Voucher is within your sole control
and at your sole discretion.
Access and Interference
You agree that you will not:
Use any robot, spider, scraper,
deep link, or other similar automated data gathering or extraction tools,
program, algorithm or methodology to access, acquire, copy or monitor
myclearstreet.com or any portion of myclearstreet.com,
without ClearStreet's express written consent,
which may be withheld in ClearStreet's sole discretion;
Use or attempt to use any engine, software, tool, agent, or other device or mechanism
(including without limitation browsers, spiders, robots, avatars or intelligent agents)
to navigate or search myclearstreet.com,
other than the search engines and search agents available through the Service and other
than generally available third-party web browsers (such as Mozilla Firefox);
Post or transmit any file which contains viruses, worms, Trojan horses,
or any other contaminating or destructive features,
or that otherwise interfere with the proper working of myclearstreet.com or the Service;
Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software
comprising or in any way making up a part of myclearstreet.com or the Service.
Rules for Posting
As part of the Service,
ClearStreet allows Members to post content on the company blog,
and at various other publicly available locations on myclearstreet.com.
You agree in posting content to follow certain rules:
You are responsible for all content you submit to myclearstreet.com.
By submitting content to us,
you represent that you have all necessary rights and hereby grant us a perpetual,
worldwide, non-exclusive, royalty-free, and transferable license
to use, reproduce, distribute, prepare derivative works of, modify,
and otherwise fully exploit your submissions in connection with our business,
including without limitation for promoting and redistributing part or all of the site
(and derivative works thereof) in any media formats and through any media channels.
You also hereby grant each User a nonexclusive license to access your posted content
through myclearstreet.com, and to use, reproduce, distribute,
prepare derivative works of, display and perform such content
as permitted through the functionality of myclearstreet.com and under this Agreement.
You may not post or transmit any message which is libelous or defamatory,
or which discloses private or personal matters concerning any person.
You may not post or transmit any message, data, image or program
that is indecent, obscene, pornographic, harassing, threatening,
abusive, hateful, racially or ethnically offensive;
that encourages conduct that would be considered a criminal offense,
give rise to civil liability or violate any law;
or that is otherwise inappropriate.
You may not post or transmit any message, data, image or program
that would violate the property rights of others,
including unauthorized copyrighted text, images or programs,
trade secrets or other confidential proprietary information,
and trademarks or service marks used in an infringing fashion.
You may not interfere with other Users' use of the Service,
including, without limitation, disrupting the normal flow of dialogue
in an interactive area of myclearstreet.com,
deleting or revising any content posted by another person or entity,
or taking any action that imposes a disproportionate burden
on the Service infrastructure or that negatively affects
the availability of the Service to others.
Except where expressly permitted,
you may not post or transmit charity requests; petitions for signatures;
franchises, distributorship, sales representative agency arrangements,
or other business opportunities (including offers of employment or contracting arrangements);
club memberships; chain letters; or letters relating to pyramid schemes.
You may not post or transmit any advertising,
promotional materials or any other solicitation of other users
to use goods or services except in those areas
(e.g., a classified bulletin board) that are designated for such purpose.
You agree that any employment or other relationship you form or attempt to form
with an employer, employee, or contractor whom you contact through areas of myclearstreet.com
that may be designated for that purpose is between you and that employer,
employee, or contractor alone, and not with us.
You may not copy or use personal identifying or business contact information
about other Users without their permission.
Unsolicited e-mails, mailings, telephone calls,
or other communications to individuals or companies
whose contact details you obtain through the Service are prohibited.
You will not create multiple accounts with the same credit card.
You will not create and delete accounts to redeem the same offers.
You will not add the same account multiple times to your account.
Disclaimer of Representations and Warranties
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH MYCLEARSTREET.COM
OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU
ON AN "AS-IS" AND "AS AVAILABLE" BASIS.
CLEARSTREET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF MYCLEARSTREET.COM OR OF THE SERVICE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
CLEARSTREET MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED,
REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON MYCLEARSTREET.COM
OR OF THE SERVICE (WHETHER OR NOT SPONSORED),
AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
CLEARSTREET MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE
THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE
IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE
OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES
OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM,
DATA OR PERSONAL INFORMATION.
Limitations on ClearStreet's Liability
CLEARSTREET SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY,
WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE,
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED,
OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS,
ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO MYCLEARSTREET.COM,
YOUR USE OF THE SERVICE OR THIS AGREEMENT,
EVEN IF CLEARSTREET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT,
CLEARSTREET'S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION,
WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
Your Indemnification of ClearStreet
You shall defend, indemnify and hold harmless ClearStreet and its officers,
directors, shareholders, and employees from and against all claims and expenses,
including but not limited to attorneys fees,
in whole or in part arising out of or attributable to any breach of this Agreement by you.
Ending your relationship with ClearStreet
This Agreement will continue to apply until terminated by either you or ClearStreet as set out below.
ClearStreet may modify this Agreement from time to time.
Any and all changes to this Agreement will be posted on the myclearstreet.com site.
In addition, the Agreement will always indicate the date it was last revised.
You are deemed to accept and agree to be bound by any changes to the Agreement
when you use the Service after those changes are posted.
Governing Law and Forum for Disputes
This Agreement, and your relationship with ClearStreet under this Agreement,
shall be governed by the laws of the State of California
without regard to its conflict or choice of laws provisions.
Any dispute with ClearStreet, or its officers, directors, employees, agents or affiliates,
arising under or in relation to this Agreement
shall be resolved exclusively through the small-claims court
of the Superior Court of California within the county of Santa Clara, California,
except with respect to imminent harm
requiring temporary or preliminary injunctive relief
in which case ClearStreet may seek such relief
in any court with jurisdiction over the parties.
You understand that, in return for agreement to this provision,
ClearStreet is able to offer the Service at the terms designated,
without charge to you, and that your assent to this provision
is an indispensable consideration to this Agreement.
You also acknowledge and understand that,
with respect to any dispute with ClearStreet,
its officers, directors, employees, agents or affiliates,
arising out of or relating to your use of the Service or this Agreement:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE,
AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY,
OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS,
IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
If any portion of this Agreement is deemed unlawful,
void or unenforceable by any arbitrator or court of competent jurisdiction,
this Agreement as a whole shall not be deemed unlawful, void or unenforceable,
but only that portion of this Agreement that is unlawful, void or unenforceable
shall be stricken from this Agreement.
You agree that if ClearStreet does not exercise or enforce any legal right or remedy
which is contained in the Agreement
(or which ClearStreet has the benefit of under any applicable law),
this will not be taken to be a formal waiver of ClearStreet's rights
and that those rights or remedies will still be available to ClearStreet.
All covenants, agreements, representations and warranties made in this Agreement
shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement represents the entire understanding and agreement
between you and ClearStreet regarding the subject matter of the same,
and supersedes all other previous agreements.