ClearFP® Terms of Use
Last Revised: August 11, 2023
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We are ClearFP IP LLC, an Oregon limited liability company. Our affiliates do business as ClearFP, Clear Financial Partners, ClearFP Advisors, ClearFP Securities and SomethingSmartAboutMoney.com (“us” or “ClearFP”). This Terms of Use Agreement (these “Terms”) governs use of all our websites (including those at ClearFP.com, clearfpadvisor.com, clearfpsecurities.com and somethingsmartaboutmoney.com), applications (including ClearFP Clock), platforms and any other ClearFP programs (collectively the “ClearFP Services”). Your access to the ClearFP Services is on condition that you do not violate these Terms. The Terms are an agreement between you and ClearFP. To use the ClearFP Services, you must be at least 13 years of age, and expressly accept these Terms. Please read these Terms carefully and save a copy for your records.
If ClearFP materially alters these Terms in a way that diminishes your rights, ClearFP will notify you about the new Terms. Your continued use of the ClearFP Services after notice of changes means you accept the changes. If you do not agree to any of the changes, you will (as your sole remedy) stop using the ClearFP Services. However, if applicable law requires us to obtain your consent to the changes by other means, we will follow the applicable law. Your personally identifiable information will be treated in accordance with our
Privacy Policy. These Terms can not be changed except as specified, and any attempt by you to modify the Terms unilaterally is void.
Not Investment, Tax or Legal Advice
The ClearFP Services provide a personal financial planning tool, along with recommendations about products, services and other choices in the field of personal finance. It is designed to be used together with the advice of a professional financial advisor. If you use it without the advice of a professional financial advisor, then you are solely responsible for your financial planning choices. The ClearFP Services do not provide tax advice, investment advice, investment brokerage services, or legal advice, and you may not rely on the ClearFP Services for any such purpose. The recommendations provided through the ClearFP Services are broad and general, but your financial situation is unique. You should seek the advice of a licensed professional advisor before making decisions that affect your finances.
Third Party Products & Services
Certain products and services offered by ClearFP, or its affiliates or third parties, are linked to or recommended by the ClearFP Services. Before you use or purchase such services or products, you should carefully review the terms and policies of the provider. ClearFP is not responsible for your use of third-party products or services. Investment Advisory Services offered through ClearFP Advisors, LLC. Insurance services offered through Clear Financial Partners, Inc., ClearFP Securities, LLC and/or ClearFP Life, LLC.
Promotional Giveaway of NFTs
If you participate in our promotional giveaway at somethingsmartaboutmoney.com, then the following rules apply. The giveaway is void where prohibited by applicable law.
The NFTs: Acquire tickets for our NFT giveaway by submitting accurate contact information, and agreeing to let us stay in touch. Each ticket represents a revocable right to receive an NFT, if the NFTs are created. When one million (1,000,000) people have learned Something Smart About Money™, as indicated by the counter on the site, we will create and distribute one (1) NFT per outstanding ticket. No purchase is necessary. The total number of NFTs created and distributed will depend on the number of eligible recipients holding outstanding tickets. Tickets are deemed outstanding so long the ticket holder’s consent to be contacted by us remains in place.
Eligibility & Entry: Any person over the age of 13, or as permitted by applicable law. To enter, submit your email address through the site to acquire one (1) ticket. To acquire ten (10) tickets instead of one (1), submit the email address with the additional information requested (home address, preferred language, income range and net worth range). One entry per person only. If you withdraw consent to be contacted by us, the ticket is void and will not be considered outstanding.
Duration: The giveaway is of indefinite duration. It will end when one million (1,000,000) people have learned Something Smart About Money™, as indicated by the counter on the site.
Prize: Each outstanding ticket will result in the receipt of an NFT, if one million (1,000,000) people have learned Something Smart About Money™, as indicated by the counter on the site, and the recipient is eligible to receive the NFT under applicable law. The number of NFTs created and awarded will be equal to the number of outstanding tickets held by eligible recipients when the counter reaches one million (1,000,000). No substitution of the prize or designation of alternate recipient is permitted. There is no cash equivalent of the ticket or NFT; the NFT will have no inherent cash value. Recipient will be responsible for paying any income taxes associated with the receipt of the NFT. Receipt of the NFT will require recipient to have or create a crypto wallet or similar software or device.
Release as Condition of Participation: By participating, each entrant agrees to release, discharge and hold harmless us, our affiliates and their respective officers, directors, employees, agents and representatives (“Released Parties”) from and against any and all losses resulting from entrant’s participation in the giveaway, or the acceptance, possession, use or misuse of the prize (including travel). Released Parties are not responsible for malicious interference with the counter by unauthorized parties, or for late, lost, damaged, inaccurate, misdirected, incomplete, illegible, undeliverable, destroyed or stolen entries. Released Parties are not responsible for entries that are processed, reported, or transmitted late or incorrectly or are lost or misdirected for any reason including computer, telephone, paper transfer, human or other error. ClearFP may disqualify anyone from participating in the giveaway or winning the prize if, in its sole discretion, it determines that such person is attempting or has attempted to undermine the legitimate operation of the giveaway by cheating, deception or other unfair practices. ClearFP reserves the right to cancel, modify, terminate or suspend the giveaway should causes beyond the control of ClearFP corrupt the administration of the giveaway.
Use of the ClearFP Services
Your use of the ClearFP Services is at the sole discretion of ClearFP, which may deny you further use of the ClearFP Services at any time, for any reason, with or without cause. You may also terminate your use of the ClearFP Services at any time. In the event of termination, whether by you or by ClearFP, your responsibility for your past use of the ClearFP Services will survive. Your use of the ClearFP Services must comply with applicable law. Unauthorized uses of the ClearFP Services include without limitation: collecting usernames, email addresses, or other personal information of ClearFP Services users for any commercial purpose, such as advertising, marketing, and sending of unsolicited communications about any goods or services; and any other act that imposes an undue burden on our infrastructure. You may not use the ClearFP Services to advertise or market goods, services, or business opportunities or to circulate petitions, request donations, offer club memberships, distribute chain letters or otherwise solicit other users. You are not authorized to copy or re-publish any part of the contents of the ClearFP Services. You may not try to copy, decode, reverse-engineer, decompile or disassemble the software used by us to provide the ClearFP Services.
User Information
Users must provide their real name, zip code, screen name, email address, and password and certify that they are 13 years of age or older in accordance with applicable law. To become a client of our financial services provider, you must submit certain personal financial information. All the information you provide is, collectively, your “User Information”. We will treat your User Information in accordance with our
Privacy Policy. You are responsible for keeping your password secure and for ensuring that your email address is current. You agree to receive exclusively via email, to the address last provided to ClearFP, any notice that we are required or choose to send to you. You will promptly notify ClearFP if you discover any unauthorized use of your User Information. You must provide your information as outlined in the section titled “Promotional Giveaway of NFT” to participate in the NFT giveaway.
Alerts
You may set up the ClearFP Services to notify you of certain events or conditions. Alerts may be sent through the operating system of the device running the ClearFP Services, or by text message or email. The alerts can generally be read by anyone with access to the device or account. The alerts are part of the ClearFP Services and are subject to these Terms, including the disclaimer of warranties and limitation of liability provisions. You release and hold ClearFP harmless from any and all liability arising from or related to delayed delivery of alerts, failure to deliver alerts, misdirected alerts, acts taken in reliance on alerts, and errors or omissions in the content of alerts.
User Submitted Content
You agree not to use the ClearFP Services to post, upload, or transmit any Content that is:
- unlawful under the laws of any jurisdiction to which you or ClearFP are subject;
- harmful, threatening, harassing, defamatory, invasive of the privacy of another, or obscene (including without limitation any images or depictions of child abuse, child pornography, or minors engaged in sexual conduct or explicitly sexual situations);
- insider information, or any other proprietary or confidential information;
- an infringement of any patent, trademark, trade secret, copyright or other intellectual property right;
- falsified, including without limitation the use of forged headers or otherwise manipulated identifiers in order to disguise its origin; or
- containing or transmitting software viruses or any other malicious computer code, files or programs designed to gain unauthorized access to a computer, or to interrupt, destroy or limit the functionality of any computer software.
Representations
You represent that your User Information is true and correct, and that if you register on behalf of a corporation, company or other legal entity you have authority to bind that entity.
Indemnification
You agree to defend, indemnify and hold harmless ClearFP and its officers, directors, employees, contractors and affiliates from and against any and all claims, damages, costs, and expenses (collectively “Claims”), including without limitation claims based upon the alleged negligence of ClearFP, arising from or related to (i) your use of the ClearFP Services, the materials it contains, and any sites linked to it; or (ii) your breach of any representation, warranty, or material provision of these Terms.
Disclaimer of Warranties
ClearFP strives to provide the ClearFP Services in accordance with the highest industry standards for accuracy, reliability, and security. However, due to the nature of the ClearFP Services, you agree that:
Your use of the ClearFP Services is at your sole risk. The ClearFP Services are provided on an “as is” and “as available” basis. ClearFP expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to implied warranties of fitness for a particular purpose, merchantability, non-infringement, quality, performance, non-interference with information, and accuracy of informational content. There is no warranty that the ClearFP Services will fulfill any of your particular purposes or needs. ClearFP does not guarantee or warrant that your use of the ClearFP Services will be uninterrupted, timely, secure, or error-free; that the results that may be obtained from the use of the ClearFP Services will be accurate or reliable; that any errors in the technology will be corrected; or that the quality of any products, services, information, or other material purchased or obtained by you through or at the suggestion of the ClearFP Services will meet your expectations. No information, whether oral or written, obtained by you from us, our affiliates or through the ClearFP Services will create any warranty not expressly stated in these Terms.
Limitations and Exclusions of Liability
ClearFP will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, or the cost of getting substitute goods or services, or the use, inability to use, unauthorized use, performance or non-performance of any third-party account (even if ClearFP or the third party account provider has been advised of the possibility of such damages), whether based on contract, tort or any other legal theory, resulting from:
- The use or the inability to use the ClearFP Services;
- Unauthorized access to or alteration of your transmissions or data; or
- Any other matter relating to the ClearFP Services.
- If you are dissatisfied with the ClearFP Services, or any of the information contained therein, or refuse to abide by these Terms, your sole and exclusive remedy is to discontinue your use. You further agree not to join in any lawsuit with another person or serve as a class representative of any class action lawsuit against ClearFP or the third party account providers, arising out of the use of the ClearFP Services.
ClearFP Intellectual Property
The ClearFP Services and its content are protected by copyright, trademark, trade dress and other intellectual property rights. You may use the ClearFP Services consistently with our rights. You may not reproduce or reuse our content for commercial purposes or otherwise except incidentally to your use of the ClearFP Services. Our trademarks or service marks include, without limitation, the following: ClearFP®, Clear Financial Partners®, SomethingSmartAboutMoney™, and ClearFP Clock™. Any content copied, downloaded or printed from the ClearFP Services must retain all copyright, trademark and other notices of proprietary rights. The ClearFP logos, and other trademarks, service marks, labels, product names and service names (collectively, the “Marks”) are owned or licensed by ClearFP. You agree not to copy, display or otherwise use any of the Marks (except incidentally to your use of the ClearFP Services) without the prior written permission of ClearFP. Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, disparage or dilute these marks and/or in connection with any product or service that is not authorized or sponsored by ClearFP. The entire ClearFP Services, and all content including without limitation look-and-feel, text, graphics, multimedia content, images, illustrations, audio and video clips, html and other markup languages, and all scripts within the ClearFP Services associated therewith, except for third-party content used by permission, are copyright 2018-2023, by ClearFP IP, LLC. All rights reserved.
Entire Agreement
These Terms constitute the entire agreement between you and us with respect to their subject matter.
Severability
If any provision of these Terms is deemed unlawful, void, voidable or unenforceable for any reason by an arbitrator or court of competent jurisdiction, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions, or if the provision cannot be severed consistent with enforceability of these Terms, then modified to the extent required for compliance with applicable law.
Contact Us
ClearFP IP, LLC
15573 Bangy Rd., Suite 100
Lake Oswego, Oregon 97501
(503) 579-1000
www.clearfp.com [email protected]
Governing Law and Venue
These Terms will be governed by and construed in accordance with the laws of the State of Oregon, without giving effect to its rules respecting the conflicts of laws. This contract is deemed made and is fully performable in Oregon, USA. Subject to their agreement to arbitrate disputes, any litigation between the parties may be brought only in the state or federal courts having subject matter jurisdiction in Clackamas County, Oregon. You hereby irrevocably and unconditionally consent to the jurisdiction of such courts and waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, objection to venue with respect to any such action or proceeding, and objection to jurisdiction based on your place of residence or domicile.
