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

We are required by law to give you certain information “in writing” – which means you are entitled to receive it on paper. We may provide this information to you electronically, instead, with your prior consent. In order to receive this information electronically, you must review and consent to the terms outlined below.

Electronic delivery of communications

In our sole discretion, the communications we provide to you, or that you sign or agree to at our request, may be in electronic form (“Communications”). We may also use electronic signatures and obtain them from you as part of our transactions with you. Your consent covers all Communications specific to this loan transaction. Your consent remains in effect until you give us notice that you are withdrawing it.

We will provide these Communications to you by posting them on the Clara website. We may always, in our sole discretion, provide you with any Communication in writing, even if you have chosen to receive it electronically.

There are certain Communications that by law we are not permitted to deliver to you electronically, even with your consent. So long as required by law, we will continue to deliver those Communications to you in writing. However, if the law changes in the future and permits any of those Communications to be delivered as electronic records, this consent will automatically cover those Communications as well.

Sometimes the law, or our agreement with you, requires you to give us a written notice. You must still provide these notices to us on paper, unless we specifically tell you in another Communication how you may deliver that notice to us electronically.

Hardware and software requirements

In order to access and retain electronic Communications, you will need the following computer hardware and software:

  • a computer or mobile device with an Internet connection;
  • a Current Version of a web browser (as defined below);
  • a Current Version of a program that accurately reads and displays PDF files (such as Adobe Acrobat Reader);
  • Microsoft Windows, Apple OS X, Apple iOS, or Linux platforms
  • a valid email address (your email address on file with Clara); and
  • sufficient storage space to save past Communications or an installed printer to print them.

We will notify you if there are any material changes to the hardware or software needed to receive electronic Communications from Clara. By giving your consent you are confirming that you have access to the necessary equipment and are able to receive, open, and print or download a copy of any Communications for your records. You may print or save a copy of these Communications for your records as they may not be accessible online at a later date.

“Current Version” refers to a version of the software that is currently being supported by its publisher. We reserve the right to discontinue support of a Current Version of software if, in our sole opinion, it suffers from a security flaw or other flaw that makes it unsuitable for use with Clara’s products and services.

How to withdraw your consent

You may withdraw your consent to receive Communications electronically by writing to us at “Clara Attn: Electronic Communications Delivery Policy, 222 Sutter Street, 8th Floor, San Francisco, CA 94108”, by contacting us via the “Contact Us” link at the bottom of each page of the Clara website, or by emailing Clara Support staff at client-service@clara.com. Your withdrawal of consent will become effective after we have had a reasonable opportunity to act upon it.

Requesting paper copies of electronic Communications

If, after you consent to receive Communications electronically, you would like a paper copy of a Communication we previously sent you, you may request a copy within 180 days of the date we provided the Communication to you by contacting us as described above. We will send your paper copy to you by U.S. mail. In order for us to send you paper copies, you must have a current street address on file as your “Current Address” in your Clara profile. If you request paper copies, you understand and agree you may have to pay a fee for the paper copy unless charging a fee is prohibited by applicable law.

Updating your contact information

It is your responsibility to keep your email address up to date so that Clara can communicate with you electronically. You understand and agree that if Clara sends you an electronic Communication but you do not receive it because your email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Clara will be deemed to have provided the Communication to you.

You can update your email address or street address at any time by logging into your Clara account via the Clara website by clicking “Login.” If your email address becomes invalid such that electronic Communications sent to you by Clara are returned, Clara may deem your Account to be inactive, and you will not be able to transact any activity using your Clara Account until we receive a valid, working email address from you.

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