Terms & Conditions

IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS OF USE AND SALE CAREFULLY BEFORE ACCESSING, USING, OR PURCHASING SERVICES ON CLARITYCHECK.COM ("Website").

These Terms and Conditions of Use and Sale (the "Terms" or "Agreement"), along with our Privacy Policy, constitute the legally binding agreement between you and ClarityCheck (the "Company"). These Terms govern your access and use of the information, services, software functionality, and/or materials ("Services and Materials") provided by the Company on or through the Website; your purchase of membership plans from the Website ("Membership Plan(s)"); and your use of any background information services ("Background Information Services") provided to you in connection with any Membership Plan(s).

By using this Website, you represent that you are at least 18 years old or the legal age of majority in your jurisdiction of residence. The Company reserves the right to request proof of age from any user.

THE COMPANY WILL ONLY GRANT YOU ACCESS TO THE WEBSITE, RELATED SERVICES AND MATERIALS, AND BACKGROUND INFORMATION SERVICES IF YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. BY USING THIS WEBSITE, COMPLETING A PURCHASE, SELECTING A PAYMENT METHOD, OR ENTERING PAYMENT INFORMATION, YOU EXPRESSLY ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. YOU ALSO AUTHORIZE THE COMPANY TO CHARGE YOUR SELECTED PAYMENT METHOD FOR THE PURCHASE OF A MEMBERSHIP PLAN. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS WEBSITE OR PURCHASE ANY SERVICES.

THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING, JURY TRIAL, OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION BELOW.

EXCEPT WHERE PROHIBITED BY LAW, YOU AND THE COMPANY AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND THE COMPANY (including disputes against any agent, employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other), ITS PARENTS, AFFILIATES, SUBSIDIARIES OR RELATED COMPANIES, relating to our Website, the Services and Materials published by the Company on or through the Website, any transaction or relationship between us resulting from your use of our Website, communications between us, or the purchase, order, or use of our Membership Plans, the information provided in connection with our Background Information Services, and your use of our Background Information Services, INCLUDING, WITHOUT LIMITATION, TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE OR LOCAL STATUTE, LAW, ORDER, ORDINANCE OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY THE FINAL AND BINDING ARBITRATION PROCEDURES SET BELOW.

THE PARTIES ACKNOWLEDGE AND AGREE THAT ANY SUCH CLAIMS SHALL BE BROUGHT SOLELY IN THE PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING, OR PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL.

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 A WYOMING 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").

ClarityCheck

Attn: Arbitration Opt-Out

Email: [email protected]

The opt-out notice must state that you do not agree to this agreement to arbitrate and must include your name, address, phone number and email address(es) used to register with or use the Website, the related Services and Materials or the Background Information Services, as well as the name, address, phone number and email address(es) of any person for whom you are opting out as their agent. You and any persons for whom you are opting out as an agent on their behalf must sign the opt-out notice for it to be effective.

The required opt-out must be sent within fifteen (15) calendar days of your first use of either the Website, the related Services and Materials or the Background Information Services, or if you are already a user of the Website, the related Services and Materials or the Background Information Services upon initial posting of this arbitration provision, within fifteen (15) calendar days of the posting of this arbitration provision. Any opt-out not received within the applicable fifteen (15) calendar day period set forth above will not be valid. For existing users bound by a prior arbitration provision with ClarityCheck for which they did not opt out, any opt-out exercised within fifteen (15) calendar days of the posting of this arbitration provision shall only apply to this arbitration provision. Your existing arbitration provision with ClarityCheck will remain in full force and effect.

If you opt-out of the agreement to arbitrate, you and ClarityCheck agree that any Claims will be resolved by a state or federal court in Wyoming. The specific court will be determined based on the nature of the claim and applicable jurisdiction laws. Further, if you opt out of the agreement to arbitrate, you will remain bound by the separate Class Action Waiver set forth in this Agreement.

When 10 or more claimants file similar arbitration claims and are represented by the same or coordinated legal counsel (regardless of whether these cases are filed simultaneously), all such cases will be resolved through staged proceedings. You accept this process despite the potential delay it may cause to your individual claim. The initial stage involves both the claimants' counsel and the Company selecting an equal number of cases (up to 25 each, totaling no more than 50) to proceed to arbitration. These selected cases will be resolved individually by different arbitrators. During this time, all other related cases will be paused, and the parties will jointly ask the AAA to refrain from assessing fees or administering the remaining cases.

The appointed arbitrators are asked to resolve their assigned cases within 120 days or as quickly as possible while ensuring fairness. Once the first stage concludes, all remaining cases must undergo a single mediation process, with the Company covering the mediation costs. If this mediation doesn't result in a full resolution, the process of selecting and arbitrating up to 50 cases, followed by mediation, will be repeated.

Should cases remain unresolved after the second stage, the process continues with four key changes: 1) up to 100 cases may be filed in subsequent stages, 2) case selection becomes random, 3) arbitrators from earlier stages may be reappointed if new arbitrators are unavailable, and 4) mediation becomes optional at the claimants' counsel's discretion.

Between stages, legal representatives will discuss ways to enhance the efficiency of the proceedings, including the possibility of increasing the number of cases handled in each stage. Both parties retain the right to negotiate with the AAA regarding fee amounts and payment timing.

This Coordinated Arbitrations section is designed to be separable from the rest of the arbitration agreement. If a court, after all appeals are exhausted, deems this staging process unenforceable, the cases may proceed to individual arbitration. In such a scenario, AAA fees will be assessed as arbitrations progress and arbitrators are appointed, rather than at the initial filing of arbitrations.

You agree to provide true, accurate, current, and complete information when using this Website, including when submitting information via email or any registration or submission form. If you provide false, inaccurate, untrue, or incomplete information, the Company reserves the right to terminate your access to the Website and/or cancel any pending purchases or registrations without notice.

You agree to abide by all applicable local, state, national, and international laws and regulations when using this Website. You acknowledge that use of the Internet and this Website is at your own risk.

Subject to your strict compliance with these Terms, the Company grants you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, and non-transferable license to use the Website. You may download and print materials from the Website only as expressly allowed by these Terms. If you do download or print materials, it must be solely for personal use, you must retain all copyright and other notices, and you must delete such copies within 90 days.

Upon purchasing a Membership Plan, the Company grants you a limited license to use its Background Information Services and related data solely for your internal personal purposes, subject to the restrictions herein. You agree to use Background Information Services only for legitimate purposes and not for commercial, governmental, marketing, or resale purposes. You shall not use the services to defame, harass, abuse, stalk, threaten, or infringe on others' rights.

You may not modify, translate, decompile, create derivative works of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use the Website in any manner not expressly permitted herein.

CLARITYCHECK IS NOT A CREDIT REPORTING AGENCY ("CRA") UNDER THE FAIR CREDIT REPORTING ACT ("FCRA"), 15 USC §§ 1681 et seq. THE PROTECTIONS PROVIDED TO CONSUMERS AND OBLIGATIONS PLACED ON CREDIT REPORTING AGENCIES BY THE FCRA DO NOT APPLY TO CLARITYCHECK OR THESE TERMS.

All orders are subject to the Company's acceptance. We will confirm receipt of your order via email and, if accepted, confirm our acceptance. The Company may refuse or cancel any order for any reason, without liability. If your payment has been processed for a cancelled order, we will issue a refund.

ClarityCheck offers various Membership Plans, including standard and promotional offers. The price and terms of each Membership Plan are displayed at the time of sign-up and may vary based on your location, the services you select, and current promotions.

Your membership will automatically renew at the frequency specified in your plan (which may be weekly, monthly, quarterly, or another time period) unless you cancel before the start of the next term. ClarityCheck will charge the recurring membership fee to the same payment option you used at sign-up until you cancel.

Users can have up to 100 tokens available in their account. No new tokens are granted until the user utilizes existing ones. The specific number of tokens available with each Membership Plan will be clearly stated at the time of purchase.

We reserve the right to modify the prices charged for the Membership Plans, or to add or remove any Membership Plans, at any time without prior notice. The most current pricing and Membership Plan descriptions are always available on our website. Any price changes will take effect at the start of your next billing cycle. However, if you subscribe to a plan at a specific price, we will honor that price for your subsequent renewals even if the price on the website for new sign-ups has increased.

BY SIGNING UP FOR A MEMBERSHIP PLAN, YOU AUTHORIZE THE COMPANY (AND ITS PARTNERS, AFFILIATES AND/OR AGENTS) TO CHARGE YOUR DEBIT OR CREDIT CARD THE FEES ASSOCIATED WITH THE MEMBERSHIP PLAN'S TERM, AND YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY WILL NOT OBTAIN ADDITIONAL AUTHORIZATION FROM YOU FOR EACH RECURRING FEE CHARGED TO YOUR DEBIT OR CREDIT CARD. IN ADDITION, YOU AGREE THAT THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY OVERDRAFT CHARGES OR FEES WHICH YOU MIGHT INCUR AS A RESULT OF YOUR MEMBERSHIP PLAN. YOU UNDERSTAND AND AGREE THAT IF YOU PURCHASE A MEMBERSHIP PLAN, THIS CONSUMER TRANSACTION INVOLVES A NEGATIVE OPTION, AND YOU MAY BE LIABLE FOR PAYMENT OF FUTURE GOODS AND SERVICES UNDER THESE TERMS IF YOU FAIL TO NOTIFY THE COMPANY NOT TO SUPPLY THE GOODS OR SERVICES DESCRIBED.

The specific terms of your subscription, including price and renewal frequency, will be sent to you via email at the time you sign up for our service.

If your payment for a full term is declined due to insufficient funds, the Company reserves the right to bill in installments based on the rates associated with the Membership Plan you selected.

You may cancel your Membership Plan at any time. For detailed instructions on how to cancel your subscription, please visit help.claritycheck.com. This page offers multiple cancellation options, including a self-service option where you can cancel your subscription in just a few clicks.

Upon cancellation, you will continue to have access to your Membership Plan until the end of your current billing period. No refunds will be provided for partial billing periods.

At ClarityCheck, our goal is to provide you with high-quality solutions. Please read our refund policy carefully to understand your rights and responsibilities regarding subscription cancellations and refunds.

All orders are subject to applicable taxes in the member's state of residence.

Any applicable discounts or promotional prices will be noted at checkout.

If you believe you've been erroneously billed, please notify our customer service department immediately at https://help.claritycheck.com

Chargebacks and reversals may be treated as potential cases of fraud and/or theft of our services. We reserve the right to file a complaint with the appropriate local and federal authorities to investigate or take other action we deem appropriate in our discretion.

To remove your information from the site, submit an opt-out request through our form at https://help.claritycheck.com. You must verify your email address and submit all relevant URLs. We may deny fraudulent requests or those made by unauthorized third parties.

Please see our Privacy Policy at https://claritycheck.com/privacy-policy for information on how we collect, use, and protect your personal information.

All content on the Website is owned by ClarityCheck or its licensors and protected by copyright and other intellectual property laws. You may not use, copy, or distribute any content from the Website without express permission.

Unauthorized use of the Website may result in criminal and/or civil prosecution. We reserve the right to monitor and record activity on the Website and to comply with law enforcement requests for information.

By submitting any feedback or suggestions to ClarityCheck, you grant the Company a royalty-free, irrevocable, transferable, sublicensable, non-exclusive license to use, reproduce, modify, publish, or act on such feedback without additional approval or consideration.

ClarityCheck may feature third-party products or services on the Website. We are not responsible for these third-party offerings and disclaim all liability related to them.

ClarityCheck may provide links to other websites. We are not responsible for the content or practices of these third-party sites and provide these links solely for convenience.

ClarityCheck provides all services and information "AS IS" and "AS AVAILABLE" without any warranties, express or implied. We do not guarantee the accuracy, completeness, or timeliness of any information provided through our services.

TO THE FULLEST EXTENT PERMITTED BY LAW, CLARITYCHECK AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES.

You agree to defend, indemnify, and hold harmless ClarityCheck and its affiliates from any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.

ClarityCheck reserves the right to conduct periodic reviews of your use of its Background Information Services to ensure compliance with these Terms and applicable laws. You agree to cooperate fully with any such audits.

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the federal or state courts located in Wyoming, and you hereby consent to the personal jurisdiction of such courts.

These Terms will remain in full force and effect while you use the Services. We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Services will immediately cease.

The failure of ClarityCheck to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

You acknowledge and agree that by clicking on the "I Agree" (or similar) button, or by using the Services, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SERVICES OFFERED BY CLARITYCHECK.

These Terms, our Privacy Policy, and any additional terms to which you agree when using particular elements of the Services, constitute the entire agreement between you and ClarityCheck regarding the Services and supersede all prior agreements and understandings between you and ClarityCheck regarding the Services.

We may modify these Terms from time to time. When we make changes, we will revise the "Last Updated" date at the top of these Terms. We will provide notice of material changes by posting a prominent notice on our Website or by sending you an email. Your continued use of the Services after we post changes constitutes your acceptance of the revised Terms.

If you have any questions about these Terms, please contact us at [email protected] or via our help center at https://help.claritycheck.com