clearXchange Terms of Use
Last Updated: December 23, 2015
clearXchange LLC operates this website (“Website”) to provide on-line access to information about
clearXchange, its products and its services. By accessing and using this Website, you agree to each of the
terms and conditions set forth in these Terms of Use. The registration and use of clearXchange.com
services shall be subject to the separate terms and conditions of the clearXchange.com User Service
Agreement as modified from time to time. clearXchange reserves the right to modify the Terms of Use at
any time without notice and your use of the Website following any modification expresses your
agreement to accept and be bound by the Terms of Use as modified.
Internet Browsers:
Up-to-date Internet browsers that we support include Internet Explorer 10.x or higher, Safari 3.2.x or
higher, Firefox 32.x or higher and Chrome 38.x or higher, Mac OSX Safari 5 and higher, Safari for iOS 6
and higher, Chrome for iOS, and Chrome for Android.
Use of Website:
You may use the Website and the information, images, downloadable resources and other content on the
Website only for purposes to learn about clearXchange, its products and its services and for no other
purposes. clearXchange transfers no right, title or interest in any content on the Website to you, whether
as a result of your downloading or printing content or otherwise. You may not use, alter, copy, distribute,
transmit our Website content, or create another work based on that content, except in any case as
expressly permitted by these Terms of Use. clearXchange maintains certain copyright and other
intellectual property rights in and to the information, images, text, design and layout of the Website, and
your unauthorized use of those materials and concepts is prohibited.
You represent that you are at least eighteen (18) years of age. If you are under the age of 18, you
represent that you are accessing or using this Website while under direct supervision of your parent or
legal guardian.
You agree that you will not use this Website for any unlawful purpose or for any purpose prohibited by
the Terms of Use. The purposes prohibited by these Terms of Use include:
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Selling, reselling or offering for sale or resale any content or aspect of this Website;
By-passing any measures clearXchange uses to prevent, restrict or otherwise limit access
Using the Website to send altered, deceptive or false information;
Using the Website to intercept, collect or store personal information of others;
Using the Website to spam or phish or otherwise impact the operation of Website or the integrity
of the use of the Website by clearXchange or others;
Accessing, monitoring or copying any content or information on the Website, including but not
limited to by means of robots, screen scrapers, data mining software or similar tools;
Framing or otherwise incorporating all or any portion of the Website into any other site;
Decompiling, disassembling or reverse engineering any of the software or content used in any
part of the Website;
Placing, sending or otherwise transmitting any malware, virus or using any malicious programs or
techniques in connection with the Website;
Overloading or otherwise crashing or attempting to crash the Website; and
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Engaging in any high volume data transfers or bandwidth use via any use of the Website.
Use of Marks:
You may not copy or use the names, marks or logos of clearXchange or those of any of its network banks
in whole, in part, in modified form or otherwise. Certain third-party trademarks, logos and brands may
appear on the Website, and those are the sole property of their respective owners. clearXchange is
independent of its network banks, and none of the terms of any agreement between you and a network
bank has any effect on or relation to these Terms.
Links:
We provide links to third party Websites (for example, any link to the homepage of any of our network
banks) solely as a convenience to you. No such links constitute or imply any endorsement, sponsorship or
recommendation by clearXchange of that third party, its website or the contents of its website and
clearXchange has no responsibility or liability for any third party website. You acknowledge and agree
that if you use those links, you will be subject to that third party's terms of use, its privacy policy or
information security policy or any other terms, policies, conditions or agreements applicable to that third
party's website.
You may not link or otherwise connect our Website or any content on our Website without our prior
written permission to do so.
Disclaimer of Warranties:
CLEARXCHANGE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR
ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEBSITE OR ITS CONTENT. WE
MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES ABOUT OUR
PRODUCTS OR SERVICES ON THIS WEBSITE. WE EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD
TO THE WEBSITE AND ITS CONTENT AND ANY PRODUCT OR SERVICE DESCRIBED.
CLEARXCHANGE DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE
WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT
DEFECTS IN THE WEBSITE WILL BE CORRECTED. CLEARXCHANGE DOES NOT WARRANT
THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE
CONTENT WILL BE CORRECTED. WE MAKE NO GUARANTEE OR WARRANTY THAT THE
WEBSITE OR ANY USE OF THE WEBSITE WILL BE FREE OF INFECTION BY SOFTWARE
VIRUSES OR OTHER HARMFUL COMPUTER CODE, FILES OR PROGRAMS.
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
ALL RIGHTS, OBLIGATIONS AND COVENANTS OF CLEARXCHANGE AND ANY
CLEARXCHANGE CUSTOMER WITH RESPECT TO ANY CLEARXCHANGE PRODUCT OR
SERVICE SHALL BE SUBJECT TO THE TERMS AND CONDITIONS OF A DEFINITIVE
CUSTOMER SERVICE AGREEMENT EXECUTED AND DELIVERED BY THE PARTIES TO
THAT AGREEMENT. IF THERE IS ANY CONFLICT BETWEEN THESE TERMS AND THE
CUSTOMER SERVICE AGREEMENT, THE CUSTOMER SERVICE AGREEMENT WILL
CONTROL.
Limitation of Liability:
IN NO EVENT WILL CLEARXCHANGE, ITS OWNERS, DIRECTORS, OFFICERS OR AGENTS BE
LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY
DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT
DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE WEBSITE OR ITS
CONTENT, (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN THE WEBSITE, THE PRODUCTS OR SERVICES DESCRIBED OR THE
CONTENT, OR (III) ANY OTHER MATTER RELATING TO THE WEBSITE, THE PRODUCTS OR
SERVICES DESCRIBED, OR THE CONTENT, EVEN IF CLEARXCHANGE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE,
THE CONTENT OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE WEBSITE. IN THOSE STATES WHERE THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT
APPLY, ANY LIABILITY OF CLEARXCHANGE, ITS OWNERS, DIRECTORS, OFFICERS AND
AGENTS LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO
THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
Indemnification:
You agree to indemnify, defend and hold harmless CLEARXCHANGE, its owners, directors, officers and
agents from and against all claims, losses, expenses, damages and costs (including, but not limited to,
direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees,
resulting from or arising out of your use, misuse, or inability to use the Website or its content, or any
violation by you of these Terms of Use.
Miscellaneous:
These terms will be governed by and construed under the laws of the State of Delaware, excluding only
its conflict of law provisions. By using the Website, you hereby submit to the exclusive jurisdiction of the
courts within the State of Delaware, and waive any jurisdictional venue or inconvenient forum objections
to such courts. You further agree to comply with any applicable federal, state and local laws in your use
of the Website.