Terms of Service

1.1 Last Updated: February 24, 2017
Welcome to www.clara.com (the “Site”). The terms of service are provided on behalf of Clara Lending Co. and its affiliates (together, “Clara,” “we,” or “us.”). Please read these Terms of Service (the “Terms”) and our Privacy Policy (“Privacy Policy”) carefully because they govern your access and use of our Site and services available via the Site, which can be used to aggregate personal and financial data into a single experience and apply for a loan. These Terms are a binding legal contract between you and Clara, which sets forth your rights and obligations with respect to the Site, including important limitations and exclusions. To make these Terms easier to read, the Site and our services are collectively called the “Services.”

The Services are not a substitute for actual legal, investment or professional advice from a licensed competent individual in their field of expertise. The information and services offered on this Site are provided with the understanding that Clara, is not engaged in rendering legal or other professional services or advice. Your use of the Services is subject to the additional disclaimers and caveats that may appear throughout the Site.

Agreement to Terms

By using the Services, you expressly agree to be bound by the terms and conditions herein, as of the date of your use (the “Effective Date”). Your use of the Services always is subject to these Terms and the Privacy Policy. If you do not agree to these Terms, you may not use the Services. You agree that your use of the Services always will be subject to the most current version of these Terms at the time of such use. The Services are intended for use only by users who are at least 18 years of age.

Changes to Terms or Services

We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion. You can always find the current version of these Terms by checking https://clara.com/terms. You should do so frequently.

Who May Use the Services

Eligibility

You may use the Services only if you are 18 years or older and capable of forming a binding contract with Clara and are not barred from using the Services under applicable law.

Registration and Your Information

If you want to use certain features of the Services you’ll have to create an account (“Account”). You can do this via the Site. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t share your Account password with anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.

Using the Services

Through the Services, Account holders may be provided the opportunity to submit personal or financial information (collectively, “User Information”) and apply for a loan. Users may submit their User Information by using an online form or by uploading documentation. Account holders may also import User Information maintained by third parties and third-party services with whom they have an account or contractual relationship (“Third-Party Information”).

When submitting User Information or applying for a loan on the Site, you agree to provide current, complete, and accurate information about yourself. Clara is not responsible for the accuracy or legality of the User Information you submit, including any Third-Party Information you import. If any User Information you submit is untrue, inaccurate, not current or incomplete, Clara has the right to terminate your Account or any loan application. Except as prohibited by law, Clara reserves the right to decline your loan application for any reason. We may verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide your full address, your social security number and/or requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying information you provide against third party databases or through other sources. If you do not provide this information or Clara cannot verify your identity, we can refuse to allow you to use the Services.

Third-Party Information

If you choose to import Third-Party Information, you will be directly connected to the third-party website that maintains such Third-Party Information (“Third-Party Website”). Clara will submit information, including usernames and passwords, that you provide to log into the Third-Party Website (such information comprising a “Third-Party Login”). You hereby authorize and permit Clara to use and store Third-Party Logins submitted by you to accomplish the foregoing. For purposes of these Terms and solely to import Third-Party Information from the Third-Party Website pursuant to your request, you grant Clara a limited power of attorney, and appoint Clara as your attorney-in-fact and agent, to access the Third-Party Website, retrieve the Third-Party Information and use the Third-Party Information with the full power and authority to do and perform each thing necessary in connection with such activities, as you would do yourself. YOU ACKNOWLEDGE AND AGREE THAT WHEN CLARA IS ACCESSING AND RETRIEVING THIRD-PARTY INFORMATION FROM ANY THIRD-PARTY WEBSITE, CLARA IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT MAINTAINS THE WEBSITE. Your access to the Third-Party Information is governed solely by the agreement between you and the operator of the Third-Party Website. If you choose to import Third-Party Information, you are responsible for ensuring that such action complies with the applicable terms of service between you and the Third-Party Website. Clara cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Clara cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.

Privacy Policy

Clara recognizes the importance of protecting the privacy of Site users and wishes to provide efficient and relevant information to such users. In order to serve its customers, Clara collects and analyzes information provided by you when using the Site. Our Privacy Policy describes Clara’s information practices and procedures for personal information we collect at this Site. We strongly urge you to read our Privacy Policy, which is available at https://clara.com/privacy.

Changes to Terms or Services

For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that you provide to be made available through the Services, including User Information and any Third-Party Logins that you provide. Content includes without limitation User Content.

Content Ownership and Responsibility

Clara does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Clara and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

Rights in User Content Granted by You

By making any User Content available through Services you hereby grant to Clara a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon and distribute your User Content in connection with operating and providing the Services and Content to you, including, without limitation, for developing, manufacturing and marketing products. Terminating your account on the Site will not impact any of the rights of Clara to any of the User Content. Clara may refuse or remove User Content without notice to you. However, Clara has no obligation to monitor User Content, and you agree that neither Clara nor its affiliates, employees or agents will be liable for User Content or any loss or damage resulting from User Content. Except as provided in the Privacy Policy, Clara does not guarantee that User Content will be private, even if the User Content is in a password-protected area. Accordingly, you should not provide User Content that you want protected from disclosure to others.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that your User Content is accurate to the best of your knowledge. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Clara on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Rights in User Content Granted by Clara

Subject to your compliance with these Terms, Clara grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act (the “Notification”), to our Designated Agent, who can be reached as follows:

DMCA Designated Agent
Phone: 844-846-7948
Fax: 415-484-7066
Email: contact@clara.com
Clara Lending Co.
222 Sutter St., 8th Floor
San Francisco, CA 94108

All of the content included in this Site is subject to the copyright laws of the United States and other applicable jurisdictions and Clara or its suppliers owns all the copyright rights associated with this content. All rights reserved. Pursuant to Title 17, United States Code, Section 512(c)(2), notification of claimed copyright infringement should be sent to the Designated Agent listed above. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE. ALL OTHER INQUIRIES NOT COPYRIGHT RELATED, SUCH AS REQUESTS FOR PRODUCT INFORMATION, EMPLOYMENT, ETC. MUST BE SENT TO THE FOLLOWING CONTACT: contact@clara.com.

See Notice for Claims of Copyright Infringement Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Clara to locate the material.
  4. Information reasonably sufficient to permit Clara to contact the complaining party, such as an address, telephone number, and, if available, an email address.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

This process only relates to reporting a claim of copyright infringement. Messages related to other
matters will not receive a response through this process.

Notifications

As part of the Services we provide, you may receive notifications, alerts or other types of messages from Clara. By providing us with your e-mail address, you agree to receive all required notices electronically. You are responsible for updating your email address on the Site, as necessary.

If you have listed a phone number or provided an updated number, then you provide your express consent to allow Clara to call (including sending SMS text messages) using an automatic telephone dialing system to your phone number to provide account information and services regarding your loan inquiry or application.

In addition, if you provide your cellular phone number and agree to receive marketing calls and text messages, including through automatic dialing systems, Clara may contact you for telemarketing purposes, regardless of whether your phone number is on any Do Not Call list. You are not required to consent to receive telemarketing text messages or calls as a condition of using the services and may opt out at any time. You can opt out of receiving telemarketing text messages by responding to any such text message you receive with “STOP,” “END,” “CANCEL,” “QUIT,” or “UNSUBSCRIBE.” If you no longer want to receive telemarketing calls (including SMS text messages), you can unsubscribe by sending an email to optout@clara.com with the subject line “STOP Telemarketing Calls” or by calling a Clara Loan Specialist at 628-333-2168.

General Prohibitions and Clara’s Enforcement Rights

You agree not to do any of the following:

  • upload, submit, import or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates any applicable law or regulation or would give rise to civil liability; or (iii) is fraudulent, false, misleading or deceptive;
  • use, display, mirror or frame (i) the Services or any individual element within the Services; (ii) Clara’s name, any Clara trademark, logo or other proprietary information; or (iii) the layout and design of any page or form contained on a page, without Clara’s express written consent;
  • access, tamper with, or use non-public areas of the Services, Clara’s computer systems or the technical delivery systems of Clara’s providers;
  • attempt to probe, scan or test the vulnerability of any Clara system or network or breach any security or authentication measures;
  • avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Clara or any of Clara’s providers or any other third party (including another user) to protect the Services or Content;
  • attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Clara or other generally available third-party web browsers;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
  • interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
  • violate any applicable law or regulation; or
  • encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, including User Content, and the Services, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any of your actions or any User Content to be in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Links to Third-Party Websites or Resources

The Services may contain links to third-party websites or resources (“Affiliate Sites”). We provide these links only as a convenience and are not responsible for the content, products or services on or available from Affiliate Sites. These Terms apply only to your use of the Services. These Affiliate Sites may have their own terms of use and privacy policies, which Clara does not control and are not addressed by these Terms. Clara does not monitor, endorse or guarantee, and assumes no responsibility for, Affiliate Sites or any transactions or information you may undertake or receive from Affiliate Sites. CLARA HAS NO CONTROL OVER AFFILIATE SITES OR THE CONTENT, TRANSACTIONS OR SERVICES WITHIN THEM. CLARA CANNOT AND DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE CONTENT CONTAINED IN THE AFFILIATE SITES, INCLUDING OTHER LINKS, IS ACCURATE, LEGAL OR INOFFENSIVE. CLARA HAS NO LIABILITY FOR AFFILIATE SITES’ FAILURE TO PERFORM OR ANY ERRORS IN OR OMISSIONS REGARDING ANY INFORMATION WITHIN AFFILIATE SITES. CLARA DOES NOT REPRESENT OR WARRANT THAT AN AFFILIATE SITE WILL NOT CONTAIN COMPUTER VIRUSES OR OTHER HARMFUL CODE THAT COULD IMPACT YOUR COMPUTER OR OTHER WEB ACCESS DEVICE. CLARA DISCLAIMS ANY AND ALL LIABILITY FOR, OR IN CONNECTION WITH, ANY TRANSACTION OR ACTIVITY RELATED TO AFFILIATE SITES. If you have a specific dispute or concern related to the content, product or services that needs to be addressed by an Affiliate Site, you should contact the Affiliate Site and not Clara. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at contact@clara.com. Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions will survive: “Content and Content Rights,” “Content Ownership and Responsibility,” “Termination,” “Warranty Disclaimers,” “Indemnity,” “Limitation of Liability,” “Dispute Resolution” and “General Terms.”

Warranty Disclaimers

THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

Indemnity

You will indemnify and hold harmless Clara and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services, (ii) your User Content, or (iii) your violation of these Terms.

Limitation of Liability

NEITHER CLARA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CLARA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL CLARA’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO CLARA FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO CLARA, AS APPLICABLE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CLARA AND YOU.

Dispute Resolution

Governing Law

These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.
Agreement to Arbitrate
You and Clara agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be resolved in accordance with the Agreement to Arbitrate provisions set forth below. Please read this information carefully. Among other things it:

Affects your rights and will impact how claims you and Clara have against each other are resolved.

Includes an agreement to waive your right to participate in a class action lawsuit against us.

Requires you to follow an opt-out procedure to opt-out of the Agreement to Arbitrate by mailing us a written notice, which notice must be postmarked no later than thirty (30) days after the date you accept these Terms for the first time.

Our Agreement

You and Clara each agree that any and all Disputes between you and Clara that have arisen or may arise between you and Clara, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively through final and binding arbitration, rather than in court, except that each party retains the right: (i) to bring an individual action in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). This Agreement to Arbitrate is intended to be broadly interpreted. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

Opt Out Procedure

If you are a new Clara user, you can choose to reject this Agreement to Arbitrate by mailing us a written opt-out notice. You must provide Clara with written notice of your desire to opt-out via regular mail at Clara Lending, Attention: Legal Department, 222 Sutter St., 8th Floor, San Francisco, CA 94108 within thirty (30) days following the date you first accept these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Clara with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above.
The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Clara with an Arbitration Opt-out Notice, any Dispute will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Prohibition of Class and Representative Actions and Non-Individualized Relief

Unless you timely provide Clara with an Arbitration Opt-out Notice, you acknowledge and agree that you and Clara are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Clara otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Agreement to Arbitrate” section will be deemed void. Except as provided in the preceding sentence, this “Agreement to Arbitrate” section will survive any termination of these Terms.

Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable) (the “AAA Rules”) as modified by this “Agreement to Arbitrate”. The AAA Rules are available at www.adr.org.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. A form for initiating arbitration proceedings is available on the AAA’s website at www.adr.org. . The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure

Unless you and Clara otherwise agree, the arbitration will be conducted in the county where you reside. If the value of the relief sought is $10,000 or less, you or Clara may elect to have the arbitration will be conducted by telephone or based solely on the basis of the documents that you and Clara submit to the arbitrator, which election shall be binding on you and Clara subject to the discretion of the arbitrator to request an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and Clara may attend by telephone, unless the arbitrator requires otherwise Any settlement offer made by you or Clara shall not be disclosed to the arbitrator.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Clara will not seek, and hereby waives all rights it may have under applicable law to recover attorneys’ fees and expenses if it prevails in arbitration.

Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Clara will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes Notwithstanding the provisions of the “Changes to Terms or Services” section above, if Clara changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to contact@clara.com within 30 days of the date such change became effective, as indicated in the “Last Updated” date above. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Clara in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

General Terms

These Terms constitute the entire and exclusive understanding and agreement between Clara and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Clara and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Dispute Resolution” section above or by a court of competent jurisdiction, if you opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without Clara’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Clara may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Clara under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Clara’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Clara. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Electronic Communications Delivery Policy

Click here to review Clara’s Electronic Communications Delivery Policy that you must accept prior to using Clara’s electronic services.

Licenses

StateLicense NumberLicense Type
California*60DBO45221Finance Lenders Law License
Colorado†1349168Colorado Mortgage Company Registration
Arizona†0936821Arizona Mortgage Banker License
Oregon†ML-5472Oregon Mortgage Lending License
Washington†CL-1349168Washington Consumer Loan Company License

* Loans made or arranged pursuant to a California Finance Lenders Law license.

† Clara does not currently conduct business in this state.

Contact Information

If you have any questions about these Terms or the Services, please contact Clara at:

Phone: 844-846-7948
Fax: 415-484-7066
Email: contact@clara.com

Clara Lending Co.
222 Sutter St., 8th Floor
San Francisco, CA 94108

Clara Lending Co. Privacy Policy

(Last Updated: April 10, 2017)
At Clara, we strongly believe in protecting the confidentiality and security of the information we collect you as a customer, potential customer or former customer. With this in mind, we’re providing this Privacy Policy to explain our practices regarding the collection, use and disclosure of information that we receive through our Services. This Privacy Policy does not apply to any third-party websites, services or applications, even if they are accessible through our Services. Also, please note that, unless we define a term in this Privacy Policy, all capitalized terms used in this Privacy Policy have the same meanings as in our Terms of Service. So, please make sure that you have read and understand our Terms of Service.

WHEN YOU USE OUR SERVICES, YOU AGREE TO BE BOUND BY OUR TERMS, WHICH ARE AVAILABLE AT https://clara.com/terms. YOU ALSO AGREE THAT WE MAY USE AND DISCLOSE YOUR PERSONAL INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY. If you do not consent to these terms, you should not use the Services or otherwise provide us with any personal information.

Please note, however, that we may obtain separate consents from you (or provide separate notices to you) regarding particular uses or disclosures of personal information. For example, if we extend a residential mortgage loan to you, we may provide you with one or more privacy notices that describe additional rights that you have under federal and state law with respect to any non-public personal information that we obtain in connection with your loan. To the extent that there is any conflict between this Privacy Policy and any such separate consents or notices, the separate consent or notice will control.

Revisions to this Privacy Policy

Any information that is collected via our Services is covered by the Privacy Policy in effect at the time such information is collected. We may revise this Privacy Policy from time to time. If we make any material changes to this Privacy Policy, we’ll notify you of those changes by posting them on the Site or by sending you an email or other notification, and we’ll update the “Last Updated” date above to indicate when those changes will become effective. To the extent not prohibited by law, any amendment or update to this Privacy Policy will apply both to personal information that we already have collected and to any personal information that we may subsequently obtain.

In certain circumstances, we may provide you with advance notice of certain changes to this Privacy Policy and/or with an opportunity to object to such changes. If you exercise such a right to object, the changes will not become effective with respect to your information, but your ability to use our Services may be terminated or impaired. We will explicitly notify you of the consequences of objection or non-objection to the extent and in the manner required by law.

Collection and Use of Information

Our primary goals in collecting information are to provide and improve our Services, to enable you to enjoy and easily navigate our Services, to administer your use of the Services (including your Account, if you are an Account holder) and to fulfill legal and regulatory requirements. In this Privacy Policy, “personal information” generally means any information that could allow someone to identify or contact you or your computing device. Such information includes, for example, your name; email address; phone number; home, postal or other physical address; other contact information; birth date; gender; occupation; industry; payment or identity verification information; and Internet Protocol (“IP”) address. The term does not, however, include information that cannot reasonably be used to identify you, such as aggregated or anonymous information. Although we will not sell your personal information, there are times when we will provide your Personal Information to third parties in order to provide the Services, and for other reasons.

Account Information. If you create an Account, we’ll collect Personal Information. In addition to Personal Information, you will also be asked to submit other information such as, employment information and financial information, including information about your income, assets, liabilities, savings, investments, insurance and business. As part of the application process, you consent to Clara obtaining a credit report and for us to use that information as described in this Privacy Policy.

We may collect this information on application forms and other forms you complete, through conversations you may have with our loan professionals and our other representatives, and in some cases, over our website. We may also collect information from a wide range of other sources in order to process and/or underwrite your loan. These sources may include, among others, employers, attorneys, banks, title insurers, insurance companies and credit reporting agencies.

Information Collected Using Cookies and other Web Technologies. Like many website owners and operators, we use automated data collection tools such as Cookies and Web Beacons to collect certain information.

“Cookies” are small text files that are placed on your hard drive by a Web server when you access our Services. We may use both session Cookies and persistent Cookies to identify that you’ve logged in to the Services and to tell us how and when you interact with our Services. We may also use Cookies to monitor aggregate usage and web traffic routing on our Services and to customize and improve our Services. Unlike persistent Cookies, session Cookies are deleted when you log off from the Services and close your browser. Although most browsers automatically accept Cookies, you can change your browser options to stop automatically accepting Cookies or to prompt you before accepting Cookies. Please note, however, that if you don’t accept Cookies, you may not be able to access all portions or features of the Services.

“Web Beacons” (also known as Web bugs, pixel tags or clear GIFs) are tiny graphics with a unique identifier that may be included on our Services for several purposes, including to deliver or communicate with Cookies, to track and measure the performance of our Services, to monitor how many visitors view our Services, and to monitor the effectiveness of our advertising. Unlike Cookies, which are stored on the user’s hard drive, Web Beacons are typically embedded invisibly on web pages (or in an e-mail).

Information Related to Use of the Services. Our servers automatically record certain information about how a person uses our Services (we refer to this information as “Log Data”), including both Account holders and non-Account holders (either, a “User”). Log Data may include information such as a User’s Internet Protocol (IP) address, browser type, operating system, the web page that a User was visiting before accessing our Services, the pages or features of our Services to which a User browsed and the time spent on those pages or features, search terms, the links on our Services that a User clicked on and other statistics. We use Log Data to administer the Services and we analyze (and may engage third parties to analyze) Log Data to improve, customize and enhance our Services by expanding their features and functionality and tailoring them to our Users’ needs and preferences. We may use a person’s IP address to generate aggregate, non-identifying information about how our Services are used.

We generally may use and disclose information collected through cookies, web beacons, and similar tracking technologies in order to provide the Services and for purposes of site functionality (e.g., to remember your login information), but we generally reserve the right to use and disclose personal information obtained through these means for any lawful purpose, including, but are not limited to:

  • Authentication: To recognize you if you are logged in to your account so we can personalize your experience and show you the right information.
  • Security: To support or enable security features we have deployed, and to help us detect malicious activity and violations of our Terms and Conditions.
  • Preferences, Features and Services: To know which language you prefer and what your communications preferences are. Cookies also help you fill out forms on our websites and provide you with features, insights and customized content through our plugins.
  • Advertising: To show you advertising both on and off our websites.
  • Performance, Analytics and Research: To help us learn how well our websites and plugins perform, including by diagnosing or fixing technology problems reported by our users or engineers. We also use cookies to understand, improve, and research products, features and services, including when you access our sites from other websites, applications or devices, such as your work computer or mobile device.From time to time, we may engage third parties to track and analyze non-personally identifiable usage and volume statistical information from individuals who visit our websites. These third parties may place material on the Services, such as banner ads, that allow the third party’s servers to place cookies in your web browser. Please note that we only can access cookies that we place on your browser, not the cookies sent to you by other companies. We also may use other third-party cookies to track the performance of our own advertisements. The information provided to third parties by means of these third party cookies does not include personal information, but this information may be re-associated with personal information after we receive it.

    You may be able to “opt-out,” disable or restrict some cookies or similar information gathering tools, such as through your web or other browser settings or through third party mechanisms. However, not all cookies or other tools are so controlled and not all “opt-out” or similar mechanisms work on all browsers or access devices. Even effective opt-out opportunities can become ineffective over time or as technologies or browsers change. You can find more information about cookies and your ability to control their use at http://www.allaboutcookies.org/ or by reviewing your browser or access device settings. Although such information should be helpful, we do not control or guarantee its accuracy or that it will be effective with respect to all information gathering tools or in all circumstances.

Information Sent by Your Mobile Device. Certain mobile devices transmit data that can be used to identify the device. Mobile devices also typically transmit caller ID data when used to transmit a telephone call or text message. The Services may collect, use, transmit, process and maintain unique identifiers, caller ID data, location-based data, and similar information when you rely on mobile devices, including to provide the services you request and improve your experience with the Services. The Services also may require collection of your mobile phone number in order for you to participate in certain services or features and that number may be associated with such information.

When you first launch any of our mobile applications, you may be asked to consent to the application’s collection of location information. If you consent, information regarding your location may be transmitted to us and/or to third parties in order to provide Services to you.

Location Information. When you use our Services, we may collect and store information about your location by converting your IP address into a rough geo-location or by accessing your mobile device’s GPS coordinates or coarse location if you enable location services on your device. We may use location information to improve and personalize our Services for you. If you do not want us to collect location information, you may disable that feature on your mobile device. In some circumstances, we may not be able to provide our Services without this location information, which means that you may not be able to use our Services if you do not provide your consent.

If you initially consent to our collection of location information and change your mind, you can revoke your consent by changing the preferences on your mobile device. You also may stop our collection of location information by following the standard uninstall process to remove all of our applications from your device.

Information that We Share with Third Parties

We will not share any Personal Information that we have collected from or regarding you except as described below:

Information Shared with Our Services Providers. We may engage third-party services providers to work with us to administer and provide the Services and to assist us with the day to day operations of our business in the administration, processing, servicing and sale of your loan. These third parties include, but are not limited to, title companies, appraisers, credit reporting agencies, insurance companies, underwriting services, processing services, printing companies, software providers, marketing services and purchasers of loans. These third-party services providers have access to your Personal Information only for the purpose of performing services on our behalf and are expressly obligated not to disclose or use your Personal Information for any other purpose.

Information Shared in Connection with the Sale of a Loan. If you enter into a loan, Clara may sell your loan to a third-party financial institution. We may share your Personal Information with such third-party financial institutions only in relation to the sale of your loan.

Information Shared with Third Parties. We may share aggregated information and non-identifying information with third parties for industry research and analysis, demographic profiling and other similar purposes. We may also share your Personal Information and other information regarding your loan application to a third party to the extent you permit them to access your information through the Services (each, a “Permitted Party”). If you wish to stop sharing such information with a Permitted Party, please submit a request through the Services. Please note, however, that we cannot retract any information that has already been shared with a Permitted Party. We encourage you to use your judgment in sharing such information with others.

Information Disclosed in Connection with Business Transactions. Information that we collect from our users, including Personal Information, is considered to be a business asset. Thus, if we are acquired by a third party as a result of a transaction such as a merger, acquisition or asset sale or if our assets are acquired by a third party in the event we go out of business or enter bankruptcy, some or all of our assets, including your Personal Information, may be disclosed or transferred to a third party acquirer in connection with the transaction.

Information Disclosed for Our Protection and the Protection of Others. We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate: (i) to respond to claims, legal process (including subpoenas); (ii) to protect our property, rights and safety and the property, rights and safety of a third party or the public in general; and (iii) to stop any activity that we consider illegal, unethical or legally actionable activity.

Third Party Analytics. We have engaged Inspectlet to analyse the activities of visitors to this website, and Inspectlet’s authorized use of cookies and other tracking technologies enable it to have access to Personal Information of visitors to this website. Such access to and use of Personal Information by Inspectlet is governed by Inspectlet’s Privacy Policy https://www.inspectlet.com/legal#privacy.

Your Choices

We offer you choices regarding the collection, use and sharing of your Personal Information and we’ll respect the choices you make. Please note that if you decide not to provide us with the Personal Information that we request, you may not be able to access all of the features of the Services.

Opt-Out. We may provide notifications to you that are required by law or that are for marketing or other business-related purposes. Subject to applicable law, we may provide such notifications to you via email, hard copy, or through conspicuous posting on our websites or the software on your mobile device. We reserve the right to determine the form and means of providing notifications to you.

If you do not want us to share your personal information with third parties for our or their direct mail marketing purposes, or if you do not want us to send you offers or promotions through direct mail, please send us an email at contact@clara.com with “Direct Mail Opt-Out” in the subject line or manage those settings through your Account.

If you do not want us to send you emails regarding offers and promotions, please follow the “unsubscribe” instructions at the bottom of those emails.

Please note that even if you exercise one or more of the options above, we may still communicate with you by phone, and electronic and direct mail as necessary to provide you with services or information that you have requested.

Modifying Your Information. If you have questions about the information associated with your Account (including your Personal Information), please call 844-846-7948 or email contact@clara.com so that we may assist you.

Responding to Do Not Track Signals

Our Site does not have the capability to respond to “Do Not Track” signals received from various web browsers.

The Security of Your Information

We take commercially reasonable administrative, physical and electronic measures designed to protect the information that we collect from or about you (including your Personal Information) from loss, misuse, or unauthorized access, disclosure, alteration or destruction. These measures include procedures for controlling access to customer files, building security programs and information technology security measures such as the use of passwords, firewalls and virus and use detection software. We continue to assess new technology as it becomes available and to upgrade our physical and electronic security systems as appropriate. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. WE ACCORDINGLY DO NOT GUARANTEE THE SECURITY OR CONFIDENTIALITY OF PERSONAL INFORMATION AND DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, DUTIES OR CONDITIONS IN THAT REGARD. If any applicable law imposes on us a duty with respect to these matters that cannot be disclaimed, you acknowledge and agree that our commercially reasonable precautions shall be considered to satisfy that duty unless (and only unless) we have engaged in willful misconduct.

While we strive to protect your personal information, please also note that you have a role in the security of your personal information. For example, you should not provide us with personal information that we do not request; you are responsible for controlling access to any personal computing device through which your personal information may be stored or accessed; and you are responsible for safeguarding any passwords or other log-in credentials to may be used to access to your personal information. If you provide us with information through our websites, you must use a secure socket layer enabled browser, because we use industry standard secure socket layer encryption to protect the security of your information when it is transmitted over the Internet.

We urge you to take every precaution to protect your personal data when you are on the Internet. We suggest that, at a minimum, you change your passwords often, that your passwords include a combination of letters, numbers and special characters, and that you make certain you are using a secure browser. Products and services are available which can help give you privacy protection while navigating the Web.

Links to Other Sites

Our Services may contain links to websites and services that are owned or operated by third parties (each, a “Third-party Service”). Any information that you provide on or to a Third-party Service or that is collected by a Third-party Service is provided directly to the owner or operator of the Third-party Service and is subject to the owner’s or operator’s privacy policy. We’re not responsible for the content, privacy or security practices and policies of any Third-party Service. To protect your information we recommend that you carefully review the privacy policies of all Third-party Services that you access.

International Transfer

Your Personal Information may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you’re located outside the United States and choose to provide your Personal Information to us, we may transfer your Personal Information to the United States and process it there.

Our Policy Toward Children

No part of the Services is designed or directed to children. To use or provide personally identifiable information through the Services you must be at least thirteen (13) years of age. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from a person under age 13, we will delete that information promptly. If you believe that we might have any information from or about a person under the age of 13, please contact us as described below (see “Questions”).

Questions?

Please contact us at contact@clara.com if you have any questions about our Privacy Policy.