The Services are for general informational purposes. They 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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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: email@example.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:
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
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 firstname.lastname@example.org with the subject line “STOP Telemarketing Calls” or by calling a Clara Loan Specialist at 628-333-2168.
You agree not to do any of the following:
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.
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 email@example.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.”
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.
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.
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.
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.
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 settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court 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”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Clara with written notice of your desire to do so by email or regular mail at 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. 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 “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The AAA provides a general Demand for Arbitration and a separate Demand for Arbitration for California residents. 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.
Unless you and Clara otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Clara submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
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.
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)).
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 firstname.lastname@example.org within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Clara’s email to you notifying you of such change. 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).
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.
Click here to review Clara’s Electronic Communications Delivery Policy that you must accept prior to using Clara’s electronic services
|State||License Number||License Type|
|California*||60DBO45221||Finance Lenders Law License|
|Colorado†||1349168||Colorado Mortgage Company Registration|
|Arizona†||0936821||Arizona Mortgage Banker License|
|Oregon†||ML-5472||Oregon Mortgage Lending License|
|Washington†||CL- 1349168||Washington 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.
If you have any questions about these Terms or the Services, please contact Clara at:
Clara Lending Co.
222 Sutter St., 8th Floor
San Francisco, CA 94108