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    ClearFP® Terms of Use

    Last Revised: August 11, 2023

    We are ClearFP IP, LLC, an Oregon limited liability company doing business as ClearFP and SomethingSmartAboutMoney.com ("us" or "ClearFP" or "ClearFP"). This Terms of Use Agreement ("Terms") governs your use of our websites including (ClearFP.com, ClearFP Record Lite, ClearFP Record Lite, ClearFP Clock mobile application), social media accounts, and advertising branded with any of our brands ("ClearFP", "ClearFP", etc.). This Terms of Use Agreement ("TOU") governs your use of any websites including (ClearFP.com, somethingsmartaboutmoney.com), mobile apps (ClearFP Clock™, Clear Record™) and advertising branded with any of our brands ("ClearFP®", "Clear Financial Partners®", etc.). Collectively the "ClearFP Services." Please read these Terms carefully before accessing or using the ClearFP Services. By visiting or using ClearFP Services, you acknowledge that you have read and understand these Terms, and you are 18 years of age or older. All references to "you" or "user" refers to any adult individual or legal entity that accesses the ClearFP Services.

    We may update or modify these Terms from time to time and will post the changes here. If these Terms are changed in a way that materially alters your rights, ClearFP may give reasonable notice, but it's your responsibility to review these Terms from time to time. By using the ClearFP Services after a change has been posted, you signify acceptance of the change.

    Not Investment, Tax or Legal Advice

    The ClearFP Services do not provide investment, accounting or legal advice. The information provided in/through the ClearFP Services is for educational purposes and should not be relied upon for making investment decisions. Investing involves the risk of loss and you are advised to consult with a professional financial advisor if you have questions about your financial affairs. Past performance does not guarantee future results.

    Third Party Products & Services

    ClearFP links to and describes the products and services of other parties. If the links are provided in context as resources for users of the ClearFP Services, you agree that ClearFP makes no endorsement or warranty of any third-party product or service. Use of such third-party products or services is at your own risk. We cannot assure FINRA, SEC, or other government or self-regulatory compliance of the resources on a linked site or confirm the accuracy of any information in a third party article.

    Use of the ClearFP Services

    You may use the ClearFP Services for the lawful purposes for which the ClearFP Services were intended. Your use of the ClearFP Services is at your risk. By using the ClearFP Services and providing any information, you consent to ClearFP's use of your information as set forth in the ClearFP Privacy Policy. You may not make your account available to anyone else, and your use of the ClearFP Services for any illegal purpose is prohibited.

    Neither these Terms nor any use of the ClearFP Services creates any fiduciary relationship between you and ClearFP. These Terms are subject to be modified from time to time without notice. ClearFP reserves the right to modify, suspend or discontinue the ClearFP Services at any time. ClearFP reserves the right to terminate any user's access to the ClearFP Services at any time, for any reason.

    ClearFP reserves the right to seek all remedies available at law and in equity for violations of these Terms, including the right to block access from a particular internet address to the ClearFP Services.

    User Information

    If we collect your email address, we may send you marketing messages, and you may opt out by unsubscribing. Collection and/or sharing of email addresses may include sending information and messages from our third-party co-sponsors. If you subscribe or use ClearFP Services that track your personal information, we will only share this information with your express permission. You may terminate your use of any personalized services, such as our "Client Dashboard" or "Clear Record", by deleting your profile from our Application or Client Dashboard at any time. Deletion of your profile may not result in deletion of all information from our database and backup archives.

    Alerts

    You may opt in to ClearFP Services to receive alerts of certain events or conditions. Alerts are sent through the operating system of your device or the servers of third parties. We cannot guarantee that alerts will be delivered or received in a timely manner or at all. Some alerts (for example, alerts sent by other applications designed to work with the ClearFP Services) may originate from third-party sources. ClearFP has no responsibility for alerts issued by third parties.

    User Submitted Content

    Participation in the ClearFP Services by submitting material or feedback to any ClearFP site is subject to the following conditions:

    1. You grant ClearFP non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any user content in any media throughout the world.
    2. You grant ClearFP and its sublicensees the right to use your username and likeness in any manner if we choose.
    3. You retain the copyright to content you submit and may republish or allow others to use your content.
    4. ClearFP shall have no obligation to use content submitted or to compensate a user for any content submitted.
    5. ClearFP may dispose of any content submitted at any time without notice.
    6. You agree to indemnify, defend and hold harmless ClearFP and its officers, directors, employees, agents, distributors, vendors, affiliates, contractors, and licensees from any claims or liability for third-party intellectual property infringement or for any content you submit.
    7. You agree not to submit content that is, or may reasonably be considered, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another person's privacy, hateful, or racially, ethnically or otherwise objectionable.
    8. You will not submit false information or impersonate any other person or entity.
    9. You agree not to post advertisements, solicitations or spam links to other websites or individuals, without ClearFP's prior written permission.
    10. You will not manipulate identifiers to disguise the origin of any submitted content.
    11. You will not upload any viruses or other malware, or interfere with the proper working of the ClearFP Services.
    12. You agree to be solely responsible for your own submitted content and for the consequences of posting it.

    Representations

    You represent to the ClearFP Services to verify you are a licensed consumer and that if you are an employee of such company, or is not legally able to buy, sell, purchase, distribute securities directly or on behalf of individuals, nor to make individual recommendations.

    Indemnification

    You agree to defend, indemnify and hold harmless ClearFP from all claims, liabilities, damages, costs and attorneys' fees arising out of your use of the ClearFP Services, breach of these Terms, or any data or information you upload, post or transmit through the ClearFP Services.

    Disclaimer of Warranties

    ClearFP makes no promises to you about the ClearFP Services other than what we state in these Terms, except to the extent we are prohibited by law from making disclaimers. ClearFP makes no representations and disclaims all liability regarding, for example, the accuracy or timeliness of any content, and disclaims all implied warranties including warranties of merchantability, fitness for a particular purpose and noninfringement. ClearFP makes no representations or warranties about any advice given, services offered or referral partners. ClearFP makes no representation or warranty that the ClearFP Services will meet your requirements, will always be available, or will be error free or virus free.

    Limitations and Exclusions of Liability

    ClearFP will not be liable to you for any indirect, incidental, special, consequential or exemplary damages (whether or not foreseeable or foreseen), including but not limited to damages for loss of data, goodwill or other intangibles. Use of the ClearFP Service is at your own risk. ClearFP is not liable to you for damages if you suffer a loss, for example, if your information is disclosed as the result of a data breach. ClearFP will not be liable to you for the actions of any other user. You also agree that, in the event any liability does arise, any liability for ClearFP will be limited to a refund or credit for any fee you paid to us, whether or not any circumstances giving rise to such a claim were reasonably foreseeable, and whether the claim is for breach of contract, tort, or otherwise. Under no circumstances shall ClearFP have any liability to you for loss of profits or fees.

    ClearFP Intellectual Property

    ClearFP and its licensors own the ClearFP Services and all intellectual property rights in them, including copyrights, trademarks, trade secrets, patent rights, and any other intellectual property rights under any laws in the United States or any other jurisdiction. Unless specifically permitted by these Terms of Use, you agree that you may not copy, modify, transmit, make derivative works based on, display, or otherwise exploit the ClearFP Services in whole or in part, without prior written consent from ClearFP. Unless specifically permitted by ClearFP (for example with respect to its official logos), you may not create links to any page of the ClearFP Services for commercial purposes without ClearFP's prior written permission.

    ClearFP®, ClearFP Clock™, and all related logos and icons, and ClearFP Services and all related logos, product and service names, designs, and slogans, are trademarks of ClearFP, its affiliates, or licensors. You may not use such marks without ClearFP's prior written permission.

    Entire Agreement

    These Terms constitute the entire agreement between you and ClearFP with respect to the use and terms.

    Severability

    If any provision of these Terms is unlawful, void, or unenforceable for any reason by any court or an arbitrator of competent jurisdiction, then that provision shall be deemed severable from these Terms and shall not affect the validity of the remaining provisions. The remaining provisions shall be interpreted and enforced so as to comply with the original intent of these Terms.

    Contact Us

    ClearFP IP, LLC
    15573 Bangy Rd., Suite 100
    Lake Oswego, OR 97035
    Phone: (503) 579-1000
    Email: info@clearfp.com

    Governing Law and Venue

    These Terms of Use Agreement and any lawsuit or claim arising out of the use of the ClearFP Services are governed by the laws of the state of Oregon, including applicable United States law, but without regard to Oregon conflict of law provisions. You agree that any claim against ClearFP that arises out of the ClearFP Services will be filed only in a state or federal court of competent jurisdiction in Clackamas County, Oregon, and you agree to submit to the personal and exclusive jurisdiction of such courts.