Terms of use

PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS AND CONDITIONS”) CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS SITE, YOU OR THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (“YOU” OR “YOUR”) SIGNIFY YOUR AGREEMENT TO THESE TERMS AND CONDITIONS OF USE. YOU MUST AGREE TO THESE TERMS AND CONDITIONS IN ORDER TO USE THE WEBSITE. PLEASE READ THIS DOCUMENT CAREFULLY. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THIS WEBSITE!

ClarityPay Program Services, LLC (“we” or “us” or “ClarityPay”) provides a point-of-sale financing platform that connects lenders (“Program lenders”) and merchants that enable this technology (“Merchants”). ClarityPay provides technology and support services facilitating Program lenders’ lending programs (the “Platform”). ClarityPay is not a bank, lender, or other financial institution, and we do not make credit decisions or extend credit.

ClarityPay may revise and update these Terms and Conditions at any time. Please periodically review the Terms and Conditions posted at the Website because your continued usage of the Website after any changes to these Terms and Conditions will mean you accept those changes. 

As a condition to the use of the Website, you agree not to use our site for any purpose or transaction that is unlawful or prohibited by these terms or any other agreement you have with us. You also agree not to use the Website in any manner which could: (1) damage, disable, overburden, or impair the Website or anyone else's site; or (2) interfere with any other party's access to or use of the Website or anyone else's site. You agree not to obtain or attempt to obtain access to or use of any aspect of the Website through any means we do not intentionally make available on the site. You agree not to frame our Website or to mirror the Website on any other site and agree not to link to any portion of our site other than our home page. Unauthorized use of this Website and systems, including but not limited to, unauthorized use of our systems, misuse of passwords, or misuse of any information posted to this Website, is strictly prohibited. 

The works of authorship contained on the Website, including but not limited to all design, text, sound, software, source code, recordings, graphics, images and content of this site, are owned, except as otherwise expressly stated, by us, our vendors, or one of our affiliates. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without our prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of our proprietary rights. You may download information and print out hard copies for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded. 

Trademarks or service marks referenced on the Website are our property or property of their respective owners. You may not copy or display or use the trademarks or service mark (except as strictly necessary for you to view these materials on your own computer), for any commercial or public purpose without our prior written consent. 

We retain title, all intellectual and proprietary rights (including, without limitation, patent, copyright, trademark and trade secret rights), and all other rights in and to the Website, all information, resources, content, tools, services and other features accessible thereon, all our business methods and processes, and all modifications, improvements, enhancements and new functionalities added to any of the foregoing. Except for the access and usage privileges that we specifically grant to you in and subject to these terms, nothing shall be deemed to grant you any right, title, interest, or license in or to any of the foregoing. All privileges granted to you are limited, non-exclusive, non-transferable, and revocable. 

This notice is issued pursuant to the Online Copyright Infringement Liability Limitation Act. 

If you believe that any material or content posted on this site constitutes copyright infringement, please forward the following information in writing to the email address listed below (a "Notice"): (i) your address, telephone number, and email address; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the alleged infringing material is located; (iv) a statement by you that you have a good faith belief that the dispute use is not authorized by you, the copyright owner, its agent, or the law; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Anyone who knowingly misrepresents that material is infringing in such a notice will be liable for any damages and any associated costs incurred by us, any alleged infringer, or any copyright owner or its authorized agent or licensee. 

Notice must be emailed to: support@claritypay.com.  

We reserve the right to terminate access to the Website and any or all services in whole or in part at any time, with or without cause and without prior written notice. We also reserve the right to temporarily suspend access to the Website and any or all services in situations we deem appropriate, in our sole and absolute discretion, including, without limitation, when we believe a system security breach has occurred or is being attempted. 

This information on this Website is for information purposes only. It is believed to be reliable, but we do not warrant its completeness, timeliness or accuracy. Although we strive for accuracy, some information and resources provided to you using the services may contain technical or other errors, inaccuracies or omissions, typographical errors, and may become outdated. Information on the Website including without limitation, product descriptions, definitions, explanations of uses, frequently asked questions, glossary of terms, and helpful hints are provided for your convenience only. We may change our products, services, terms, conditions, and pricing at any time without notice and without first updating the Website. Nothing on the Website is intended to provide legal, accounting, tax, or financial advice; you should consult your own professional advisor on such matters. Tools that you may access through the site (such as loan or investment calculators) are provided for your convenience, but are not guaranteed to be error-free. 

THE INFORMATION CONTAINED IN OR ACCESSED VIA THIS WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE". NEITHER WE NOR ANY THIRD-PARTY DATA PROVIDER IS PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE. WE AND ALL THIRD-PARTY DATA PROVIDERS DISCLAIM ALL WARRANTIES AND REPRESENTATATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, WE WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEBSITE AND FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL WE BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND OUR CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. 

NEITHER WE NOR ANY THIRD-PARTY DATA PROVIDERS WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EACH EXPRESSLY  DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN ALL MATERIALS AND INFORMATION. FURTHERMORE, WE AND OUR AFFILIATES WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN WEBSITE, ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND THE USER'S FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND OUR AND OUR AFFILIATES' CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING OUR RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENCIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER WE HAVE BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. 

IF YOU ARE DISSATISFIED WITH ANY ASPECT OF OUR SITE OR THE SERVICES AVAILABLE VIA THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESS. 

You agree that any cause of action arising out of or related to the Website, the Services, or this Agreement must be commenced within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Claims not raised in accordance with the dispute resolution procedures set forth herein shall be deemed barred. 

This Website contains links to other websites. We are not responsible for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by us. Inclusion of any linked website does not imply approval or endorsement of the linked website by us. 

All information submitted via this site by a visitor to this Website shall be deemed and remain our property and by sending us such information you: (1) grant us an unrestricted, royalty-free, perpetual, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute that information; and (2) agree that we are free to use any ideas, expressions of ideas, concepts, know-how, designs, techniques for any purpose whatsoever including, but not limited to developing, manufacturing and marketing products incorporating such information that you send us. We shall not be subject to any obligations of confidentiality regarding such submitted information except as agreed by our entity having the direct customer relationship or as otherwise specifically agreed or required by law. Nothing contained herein shall be construed as limiting or reducing our responsibilities and obligations to customers in accordance with our Privacy Policy posted on the Website.

We reserve the right to seek all remedies available at law and in equity for violations of these terms, including the right to block access from a particular Internet address to the Site. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US HARMLESS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING ATTORNEY'S FEES, RELATED TO YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR YOUR USE OF THE SERVICES AND INFORMATION PROVIDED AT THE SITE. 

Unless we otherwise agree in writing, Delaware law governs these terms and all aspects of our relationship with you. If any part of these terms is invalid or unenforceable, the remainder will stay in effect. Litigation arising out of or relating to these terms, the Website, the Services or any aspect of our relationship with you shall be commenced and maintained solely and exclusively in the state or federal courts of Delaware. 

The Services are not necessarily available everywhere and may or may not be available to non-residents or non- citizens of the United States. Accessing the Website from outside the United States is not permitted, except for access by our existing customers. Information about products and services is provided for informational purposes only and should not be considered an offer to make those products and services available to you. We have no obligation to provide a product or service until: (i) we have received and approved an application in the form we require; and (ii) you have signed a separate written agreement in the form we require (if any). We may require in-person closings for certain products. 

We will not be deemed to have waived any of our rights or remedies unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions. 

In the event that you believe we have failed to comply with this Agreement or that you have a claim arising out of the Services, you agree to give us prompt written notice detailing your concerns and designating a representative with authority to conclusively resolve those concerns on your behalf. We will then promptly appoint a representative to work with your designated representative, and both parties will then cooperate in good faith to promptly resolve your concerns. All such disputes and claims must be submitted within thirty (30) days of the time you were in receipt of the information upon which the dispute or claim is based (such as, but not limited to, information contained on your periodic statements). If payment from a consumer account is involved, all such disputes and claims must be submitted within sixty (60) days of the date you were in receipt of the information upon which the dispute or claim is based. 

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. 

Notices under this Agreement shall be given as follows: 

To Us: To be valid, notices must be sent by email to support@claritypay.com or by certified mail, return receipt requested, to ClarityPay Program Services, LLC, 368 9th Avenue, New York, NY, 10001 or to such other address as we may designate from time to time.

To You: Notices to you may be sent by email or regular mail. We may use any address maintained in your Company Profile on our Website or any other address you have provided to us (we may maintain more than one address for you, depending on the products or services that you receive from us). 

Notices to you shall be deemed to have been received twenty-four (24) hours after the email is sent. Notices to us shall be deemed to have been given three (3) days after the date of mailing by certified mail, return receipt requested. 

ClarityPay is providing the following state specific disclosures to you. By agreeing to these terms and conditions, you agree that these disclosures have been provided to you and that you are agreeing to the contracts included herein as described below.

For Maryland Residents:

ClarityPay Program Services, LLC Maryland Credit Services Business Contract

ClarityPay’s Platform includes functionality that may assist consumers that are residents of the State of Maryland to obtain extensions of credit from Program Lenders to finance their purchase of goods or services from Merchants (“MD CSB services”). ClarityPay does not charge consumers a fee for MD CSB services. By electronically agreeing to these Terms and Conditions, you acknowledge that this is a written contract between you and ClarityPay regarding its provision of MD CSB services.

ClarityPay’s MD CSB services are usually rendered within 30 days. ClarityPay’s principal business address is 368 9th Ave., 6th Floor, New York, NY 10001.

You have the right to file a complaint under Maryland Code, Commercial Law Article, Title 14, Subtitle 19, § 14-1911. Complaints can be directed to the Office of Financial Regulation, Maryland Department of Labor, 1100 N. Eutaw Street, Suite 611, Baltimore, Maryland 21201.

ClarityPay has obtained and retains in effect a surety bond. You have the right to maintain an action at law against ClarityPay and against the surety or trustee for damages incurred by violation of the Credit Service Organization Act, in the manner set forth under Maryland Code, Commercial Law Article, Title 14, Subtitle 19, § 14-1910.

The right to cancel set forth in the following notice refer exclusively to the MD CSB services provided by ClarityPay before you close a loan with your Program Lender. As a result, this right to cancel will terminate as soon as you either close a Loan with your Program Lender or, if you do not close a loan, once the Program Lender’s underwriting decision is communicated to you, regardless of the number of days that have elapsed since you entered into this Agreement. Since ClarityPay charges no fees for MD CSB services, there will be no refund of fees or payments due upon your cancellation of this contract.

The Notice of Cancellation set forth below only applies if you are a Maryland resident that received MD CSB services. Since ClarityPay charges no fees for MD CSB services, there will be no refund of fees or payments due upon your cancellation of this contract.

NOTICE OF CANCELLATION

You may cancel this contract, without any penalty or obligation, at any time prior to midnight of the third business day after the date the contract is signed. If you cancel, any payment made by you under this contract will be returned within 10 days following receipt by the seller of your cancellation notice. To cancel this contract, mail or deliver a signed and dated copy of this cancellation notice, or any other written notice, to:

      ClarityPay Program Services, LLC

      368 9th Ave., 6th Floor, New York, NY 10001

Not later than midnight ____________________.

                                                          (date)

I hereby cancel this transaction.

______________________________________________________________________________________

(Name)                                                   (Signature)                                                          (Date) 

Click <<here>> to see this Maryland Credit Services Business Contract and Notice of Cancellation as a separate document.

For North Dakota Residents:

ClarityPay Program Services, LLC North Dakota Money Brokerage Contract

ClarityPay’s Platform includes functionality that may facilitate efforts by consumers that are residents of the State of North Dakota to obtain loans from Program Lenders to finance their purchase of goods or services from Merchants (“ND Brokerage services”). ClarityPay does not charge consumers a fee for ND Brokerage services. By electronically agreeing to these Terms and Conditions, you acknowledge that this is a written contract between you and ClarityPay regarding its provision of ND Brokerage services.

ClarityPay will process your application for credit and submit it to your Program Lender and communicate the results of the Program Lender’s underwriting decision to you. ClarityPay will not charge you any commissions or fees for this service, and you do not owe ClarityPay any fees regardless of whether the loan is not closed. ClarityPay’s obligations and this contract expire once you execute a loan with your Program Lender or, if you do not execute a loan, once ClarityPay the Program Lender’s underwriting decision is communicated to you, except that ClarityPay retains the right to exercise its rights under this contract relating to actions performed during the term of this agreement.

NOTICE: MONEY BROKERS ARE LICENSED AND REGULATED BY THE DEPARTMENT OF FINANCIAL INSTITUTIONS, 2000 SCHAFER STREET, SUITE G, BISMARCK, NORTH DAKOTA 58501-1204. THE DEPARTMENT OF FINANCIAL INSTITUTIONS HAS NOT PASSED ON THE MERITS OF THE CONTRACT AND LICENSING DOES NOT CONSTITUTE AN APPROVAL OF THE TERMS OR OF THE BROKER’S ABILITY TO ARRANGE ANY LOAN. COMPLAINTS REGARDING THE SERVICES OF MONEY BROKERS SHOULD BE DIRECTED TO THE DEPARTMENT OF FINANCIAL INSTITUTIONS.

Click <<here>> to see this North Dakota Money Brokerage Contract as a separate document.

For West Virginia Residents

ClarityPay Program Services, LLC West Virginia Credit Services Organization Contract

ClarityPay’s Platform includes functionality that may assist consumers that are residents of the State of West Virginia to obtain extensions of credit from Program Lenders to finance their purchase of goods or services from Merchants (“WV CSO services”). ClarityPay does not charge consumers a fee for WV CSO services. By electronically agreeing to these Terms and Conditions, you acknowledge that this is a written contract between you and ClarityPay regarding its provision of WV CSO services.

ClarityPay’s WV CSO services are usually rendered within 30 days. ClarityPay provides no assurance that you will be approved for a loan by a Program Lender. Since ClarityPay charges consumers no fees for WV CSO services, there will are no full or partial refunds of fees or payments available with respect to the WV CSO services.

The right to cancel set forth in the following notice refer exclusively to the WV CSO services provided by ClarityPay before you close a loan with your Program Lender. As a result, this right to cancel will terminate as soon as you close a Loan with your Program Lender or, if you do not close a loan, once the Program Lender’s underwriting decision is communicated to you, regardless of the number of days that have elapsed since you entered into this Agreement. ClarityPay charges consumers no fees for the WV CSO services it provides.

ClarityPay’s principal business address is 368 9th Ave., 6th Floor, New York, NY 10001. The name and address of ClarityPay’s statutory agent in West Virginia authorized to receive service of process is Telos Legal Corp., 232 Capitol St., Charleston, WV 25301.

The right to cancel set forth in the following notice refers exclusively to the WV CSO services provided by ClarityPay before you close a Loan with a Program Lender. This right to cancel (and the related right to refund) will terminate at midnight on the third day after you sign this agreement. Since ClarityPay charges no fees for WV CSO services, there will be no refund of fees or payments due upon your cancellation of this contract.

You, the buyer, may cancel this contract at any time before midnight of the third day after the date you electronically agree to this contract. See the attached notice of cancellation form for an explanation of this right.

By electronically signing these Terms and Conditions, you acknowledge that you are agreeing to this contract, that you have received a copy of the contract and the disclosure statement and notices of cancellation below for your own records, and that you understand that an exact copy of this contract and disclosure statement, as agreed to by you electronically, will be maintained on file by ClarityPay for a period of two (2) years.

ClarityPay Program Services, LLC West Virginia Credit Services Organization Disclosure Statement

Description of Services: ClarityPay’s Platform includes functionality that may assist consumers that are residents of the State of West Virginia to obtain extensions of credit from Program Lenders to finance their purchase of goods or services from Merchants (“WV CSO services”). ClarityPay does not charge consumers a fee for WV CSO services. ClarityPay’s WV CSO services are usually rendered within 30 days.

Surety Notice: ClarityPay has obtained and retains in effect a surety bond or maintains a surety account in the amount of $15,000. You have the right to maintain an action at law against ClarityPay and against the surety or trustee for damages incurred by violation of the Credit Service Organization Act, Article 6C, Chapter 46A of the WV Code. The name and address of the surety company which issued the surety bond is LEXINGTON NATIONAL INSURANCE CORPORATION, 11426 York Rd. 2^nd Floor, Cockeysville, MD 21030.

As required by West Virginia Law, you are notified that: (1) you have a right to review any file maintained on you by a consumer reporting agency, as provided by the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.); (2) your file is available for review at no charge on request made to the consumer reporting agency within thirty days after the date of the receipt of notice that credit has been denied, and your file is available for a minimal reporting charge at any other time; (3) you have a right to dispute directly with your consumer reporting agency the completeness of accuracy of any item contained in a file on you maintained by that consumer reporting agency; (4) ACCURATE INFORMATION CANNOT BE PERMANENTLY REMOVED FROM THE FILES OF A CONSUMER REPORTING AGENCY; (5) no consumer reporting agency may make any consumer report containing any adverse item of information dating from more than seven (7) years before the report; and (6) non-profit organizations which provide credit and debt counseling service are available. The WV Association of Consumer Credit Counseling Services (call 1-800-869-7758) or the National Foundation for Consumer Credit (call 1-800-388 2227) will connect you to a local organization, or check your yellow pages under “Credit Counseling Services” to find a non-profit service.

By electronically agreeing to these Terms and Conditions, I acknowledge that I have received, read, and understand this Contract and Disclosure Statement.

Notice of Cancellation

You may cancel this contract, without any penalty or obligation, within three days after the date the contract is signed.

If you cancel, any payment made by you under this contract will be returned within ten days after the date of receipt by the seller of your cancellation notice.

To cancel this contract, mail or deliver a signed dated copy of this cancellation notice, or other written notice to:

ClarityPay Program Services, LLC at 368 9th Ave., 6th Floor, New York, NY 10001 not later than midnight _________________ [insert date]

I hereby cancel this transaction.

_____________________________       ____________________________________              _____________

(Name)                                                     (Signature)                                                           (Date)

Click <<here>> to see this West Virginia Credit Services Organization Contract, Disclosure, and Notice of Cancellation as a separate document.

Last Update: 2024.10.15