Last updated: December 23, 2015
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You represent that you are at least eighteen (18) years of age. If you are under the age of 18, you represent that you are accessing or using this Website while under direct supervision of your parent or legal guardian.
You may not copy or use the names, marks or logos of clearXchange or those of any of its network banks in whole, in part, in modified form or otherwise. Certain third-party trademarks, logos and brands may appear on the Website, and those are the sole property of their respective owners. clearXchange is independent of its network banks, and none of the terms of any agreement between you and a network bank has any effect on or relation to these Terms.
You may not link or otherwise connect our Website or any content on our Website without our prior written permission to do so.
CLEARXCHANGE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEBSITE OR ITS CONTENT. WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES ABOUT OUR PRODUCTS OR SERVICES ON THIS WEBSITE. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE WEBSITE AND ITS CONTENT AND ANY PRODUCT OR SERVICE DESCRIBED. CLEARXCHANGE DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. CLEARXCHANGE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. WE MAKE NO GUARANTEE OR WARRANTY THAT THE WEBSITE OR ANY USE OF THE WEBSITE WILL BE FREE OF INFECTION BY SOFTWARE VIRUSES OR OTHER HARMFUL COMPUTER CODE, FILES OR PROGRAMS.
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
ALL RIGHTS, OBLIGATIONS AND COVENANTS OF CLEARXCHANGE AND ANY CLEARXCHANGE CUSTOMER WITH RESPECT TO ANY CLEARXCHANGE PRODUCT OR SERVICE SHALL BE SUBJECT TO THE TERMS AND CONDITIONS OF A DEFINITIVE CUSTOMER SERVICE AGREEMENT EXECUTED AND DELIVERED BY THE PARTIES TO THAT AGREEMENT. IF THERE IS ANY CONFLICT BETWEEN THESE TERMS AND THE CUSTOMER SERVICE AGREEMENT, THE CUSTOMER SERVICE AGREEMENT WILL CONTROL.
These terms will be governed by and construed under the laws of the State of Delaware, excluding only its conflict of law provisions. By using the Website, you hereby submit to the exclusive jurisdiction of the courts within the State of Delaware, and waive any jurisdictional venue or inconvenient forum objections to such courts. You further agree to comply with any applicable federal, state and local laws in your use of the Website.
Last updated: December 23, 2015
You must have a U.S. checking or savings account to be a User and your financial institution must permit electronic funds transfers to and from that account. When you register to use the Network Directory and the Services or establish a profile on clearXchange.com (the “Site(s)”) or access your profile on the Site or permit others to use or access the Services, you agree to the terms and conditions of this Service Agreement. You represent that you are at least 18 years of age, you have the authority to authorize debits and credits to the registered bank account, and you agree that you will not use the Services for any unlawful purpose. Subject to applicable law, we may amend or change this Service Agreement (including any applicable fees and service charges) from time to time, in our sole discretion, by posting the updated terms on the Site. Please access and review this Service Agreement regularly. If you find the Service Agreement unacceptable to you at any time, promptly cancel your profile and enrollment with clearXchange and immediately discontinue your use of the Services. Your continued access of our Site or use of our Services after any amendment, modification or change to the terms and conditions of this Service Agreement shall constitute your agreement and acceptance to such amendment, modification or change.
You may register a profile with clearXchange with multiple email addresses or mobile phone numbers; however, you may register one bank account only. You understand that you will be ineligible to register as a User with a bank account at a Network Bank.
By accepting this Service Agreement, you consent to our disclosure of your personal information (including bank account information) to our Network Banks or other third parties for the following purposes:
Further, if you register an account at a financial institution and that financial institution later becomes a Network Bank, you authorize us to share relevant information about you and your account with that financial institution.
Except as otherwise provided above, clearXchange will neither disclose nor share any of your personal information with our Network Banks, affiliates or any third party for purposes of marketing their or clearXchange’s products or services to you.
clearXchange will keep your information secure and confidential. You can access our Privacy and Information Security Notice on the “Privacy” tab at https://www.clearXchange.com/legal#privacy, which Privacy and Information Security Notice is incorporated into and made a part of this Service Agreement by this reference.
By using the Service, you authorize clearXchange and the Network Bank that is processing a transfer between you and the Network Bank Customer, to obtain consumer reports about you from a consumer reporting agency. This information is used to process your registration, to verify your identity, to verify your bank account information and to protect against or prevent actual or potential fraud or unauthorized use. We reserve the right to decline your registration if we are unable to verify your identity or your bank account information.
All transfers of money to you shall be performed by a Network Bank per the direction of that Network Bank Customer and at all times subject to the terms and conditions of the relevant service agreement between that Network Bank and its customer, including without limitation any restrictions or prohibitions on permissible transactions. Once a Network Bank Customer initiates a transfer of money to an email address or mobile phone number registered in the Network Directory, you have no ability to stop it. By using the Receive Service, you agree and authorize our Network Banks to initiate credit entries to the bank account you have registered with clearXchange. Debits and credit entries to your account and the transmission and issuance of data related to such entries shall be processed pursuant to the terms of this Service Agreement and the rules of the National Automated Clearing House Association ("NACHA") and the applicable automated clearing house ("ACH Operator") (collectively, the "Rules") and you, we and the Network Banks agree to be bound by such Rules. Except as otherwise provided below in Section 11, clearXchange shall have no liability to you for any such transfers of money by our Network Banks, including without limitation, (i) any failure by a Network Bank to complete a transaction to your bank account in the correct amount or (ii) any related losses or damages.
From time to time, you may send money to a Network Bank Customer in response to that customer’s request for money or at your initiation. By using the Send Service, you agree and authorize our Network Banks to initiate debit entries to the bank account you have registered with clearXchange. You understand that use of such Send Service by you shall at all times be subject to (i) your express authorization at the time of the transaction for our Network Bank to initiate a debit entry to your bank account and (ii) the terms and conditions of your account agreement with your financial institution. You understand that in cases where a Network Bank Customer has the ability to manually accept or decline your payment, you have the ability to cancel a payment sent to the Network Bank Customer if cancelled prior to acceptance; however, once the payment has been accepted and in cases of automatic acceptance by a Network Bank, when you send the payment, you will have no ability to stop it. You acknowledge that neither clearXchange nor our Network Banks has knowledge of any restrictions on transfers from your account and neither clearXchange nor our Network Banks shall have any liability for your failure to comply with the terms and conditions of your account agreement with your financial institution.
If you have a question about a transfer that you received or expected to receive, then you should contact the sender first and attempt to resolve the issue. ALL QUESTIONS ABOUT TRANSFERS FACILITATED BY CLEARXCHANGE SHOULD BE DIRECTED TO US AND NOT TO THE FINANCIAL INSTITUTION WHERE YOU HAVE YOUR ACCOUNT.
We will not send you a periodic statement listing transfers facilitated through clearXchange. Those transfers will appear only on the statement issued by your financial institution. PLEASE RETAIN THE RECORDS FROM YOUR USE OF THE SERVICES AND CHECK THEM AGAINST THE STATEMENT YOU RECEIVE FROM YOUR FINANCIAL INSTITUTION.
In case of errors or questions about your transactions facilitated through clearXchange, please contact us by telephone at 866-839-3488 or +1 501-748-8506 or by e-mail at TransactionError@clearXchange.com as promptly as you can. You understand that clearXchange hosts a centralized database of information to facilitate payments, but neither initiates nor processes electronic payments or transfers directly.
Please contact us immediately if:
IF YOU BELIEVE THAT THE SERVICES HAVE BEEN USED TO MAKE AN UNAUTHORIZED WITHDRAWAL FROM YOUR ACCOUNT, THEN YOU SHOULD CONTACT YOUR FINANCIAL INSTITUTION IN ADDITION TO CLEARXCHANGE. FAILURE TO NOTIFY YOUR FINANCIAL INSTITUTION DIRECTLY AND PROMPTLY MIGHT LIMIT YOUR RIGHTS UNDER YOUR ACCOUNT AGREEMENT AND APPLICABLE LAW.
Telephoning is the best way of keeping your possible losses down.
If you tell us verbally, we may require you to send us your complaint or question in writing at TransactionError@clearXchange.com within ten (10) business days. When you contact us, please provide the following information to the extent known:
Please explain as clearly as you can why you believe there is an error or why you need more information.
We will work with the Network Bank that initiated the transfer to investigate your claim and we will determine whether an error occurred within ten (10) business days after we hear from you. Any error discovered as the result of the investigation will be promptly corrected. If more time is needed, up to forty-five (45) days may be taken to investigate your complaint or question. In this case, your consumer bank account will be credited within ten (10) business days for the amount you think is in error, so that you have the use of the money during the time it takes to complete the investigation. If you are asked to put your complaint or question in writing, and your letter is not received in ten (10) business days, your account may not be provisionally credited.
We will give you the results of our investigation within three (3) business days after completing the investigation. If the investigation concludes there was no error, you will receive a written explanation. In this case, any provisional credit made to your bank account may be reversed and you authorize our Network Banks to debit the bank account you have registered with clearXchange. You may request copies of the documents that were used in the investigation.
You agree to: 1) keep your password secure and strictly confidential, providing it only to authorized signers on your account(s); 2) instruct each person to whom you give your password that he or she is not to disclose it to any unauthorized person; and 3) immediately notify us and select a new password if you believe your password may have become known to an unauthorized person. We will have no liability to you for any unauthorized payment or transfer made using your password that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice. We may suspend or cancel your password even without receiving such notice from you, if we suspect your password is being used in an unauthorized or fraudulent manner.
We will have no liability to you for any errors or losses you sustain in using the Service except where we fail to exercise ordinary care in processing any transaction. Our liability in any case will be limited to the amount of any funds improperly transferred from your account less any amount which, even with the exercise of ordinary care, would have been lost.
Without regard to care or lack of care of either you or us, a failure on your part to report to us any unauthorized transfer or error from your account within thirty (30) days of your receipt of a bank statement showing such unauthorized transfer or error shall relieve us of any liability for any losses sustained after the expiration of such thirty-day period and you shall thereafter be precluded from asserting any such claim or error.
If a transfer to or from your deposit account in the correct amount or according to our agreement with you is not completed, we will be liable for those damages as the law imposes in such cases. However, there are some exceptions, and clearXchange and its Network Banks have no liability for your losses or damages:
The list of examples set out in this paragraph is meant to illustrate circumstances under which we would not be liable for a transfer not being completed and is not intended to list all of the circumstances where we would not be liable.
Your financial institution may send a Notification of Change (“NOC”) to a Network Bank to indicate that your account information contained in an ACH entry is erroneous and needs to be changed. With respect to you sending or receiving payments through the Services, our Network Banks will share any NOC messages from your financial institution with clearXchange. You agree that clearXchange may correct your account information in our User database promptly upon receipt of that NOC notification without further notice to you.
clearXchange charges no fees for your use of our Services to complete transfers between our Network Banks and you. However, clearXchange reserves the right to charge a fee in the future for any current Services, and clearXchange may develop new uses or other services for Users and a fee may apply for such other uses or services. You will be notified in advance of any fees in accordance with Section 2 above. Fees, when applicable, will be displayed prior to each use of Services. Please note that clearXchange has no responsibility for any fees that your financial institution or your mobile carrier may charge you in connection with your transactions through clearXchange.
Our Network Banks may impose limitations on transfers between their customers and you. Such limitations remain subject to the terms and conditions of the respective service agreements of our Network Banks with their customers.
We will limit the amounts you can send to a Network Bank customer using the Services (i) to $1,000 per calendar day, (ii) to $2,500 per rolling 7-day period and (iii) to $10,000 per rolling 30-day period. Such limits remain subject to change in the discretion of clearXchange. In the event that your transfer exceeds a limit, you will be informed of the allowable amount you can transfer at that time.
You may cancel your use of the Services at any time by notifying us of your intent to cancel by calling us at 866-839-3488 or +1 501-748-8506. Canceling your use of the Services means clearXchange will inactivate your access to our Site, as well as your profile ID in the Network Directory. At the time you instruct clearXchange to cancel your use of the Services, any transfers in process using the Services will be completed to or from your bank account that was associated with your profile ID, but no new transfers will be initiated to or from that bank account through clearXchange. You must re-enroll with clearXchange, or enroll with a P2P service at one of the Network Banks to receive any subsequent payments that a Network Bank customer sends to you after you cancel your use of the Service.
Subject to applicable law, clearXchange may terminate or suspend this Service Agreement and your use of our Site and our Services, in whole or in part, at any time for any reason without cause and without prior notice. Any obligations or liabilities incurred by you prior to the date of termination shall survive the termination of this Service Agreement.
You understand that at any time during the term of this Service Agreement your financial institution may become a Network Bank and you may become ineligible to continue as a User. Subject to the terms and conditions of an agreement between clearXchange and your financial institution, we will provide you notice and further instructions relating to the termination of this Service Agreement, access to our Site and our Services and instructions on how to enroll with your financial institution for similar services.
EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, CLEARXCHANGE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO OUR PRODUCTS OR SERVICES ON THIS WEBSITE. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO ANY PRODUCT OR SERVICE DESCRIBED OR PROVIDED. CLEARXCHANGE DOES NOT WARRANT THAT OUR PRODUCTS OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL CLEARXCHANGE, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS OR MEMBER BANKS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY OUR SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE PRODUCTS OR SERVICES DESCRIBED OR PROVIDED, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (IV) ANY OTHER MATTER RELATING TO THE PRODUCTS OR SERVICES DESCRIBED OR PROVIDED, EVEN IF CLEARXCHANGEHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH OUR SERVICE OR WITH THE TERMS OF THIS SERVICE AGREEMENT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF CLEARXCHANGE, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
You acknowledge and agree that you are personally responsible for your conduct while using our Site and our Services and agree to indemnify, defend and hold harmless clearXchange, its owners, directors, officers, agents and Network Banks from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Services, or any violation by you of the terms of this Service Agreement.
This Service Agreement will be governed by and construed under the laws of the State of Delaware, excluding only its conflict of law provisions, and shall inure to the benefit of our successors and assigns, whether by merger, consolidation or otherwise. By using the Site, you hereby submit to the exclusive jurisdiction of the courts within the State of Delaware, and waive any jurisdictional venue or inconvenient forum objections to such courts. You further agree to comply with any applicable federal, state and local laws in your use of the Services. If any provision of this Service Agreement is found to be unenforceable for any reason by a court of competent jurisdiction, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law. The remaining provisions of this Service Agreement will not be affected thereby, and each of those provisions will be valid and enforceable to the full extent permitted by law.
The Services are available 24 hours, seven days a week with the exception of outages for maintenance. Live customer service generally will be available Monday through Friday, excluding US bank holidays. Please consult our Site for exact customer service hours.
Last Updated: December 23, 2015
This E-sign Disclosure and Consent (“E-sign Consent”) applies to all Records and Communications for clearXchange.com Services. “Records and Communications” means the clearXchange.com User Service Agreement (the “Service Agreement”) between you and clearXchange for the clearXchange services described in the Service Agreement as well as any modification or amendments thereto; any policies, notices or disclosures; and all other information that we may be required to provide to you in writing by law.
Last updated: December, 2016
clearXchange LLC provides U.S. financial institutions that are clearXchange customers (our “Network Banks”) a network directory service to enable convenient transfers of money between their respective account holders using email addresses or mobile phone numbers. clearXchange also provides an out-of-network service for individuals who do not have a deposit account with our Network Banks to enable such clearXchange.com Users (each “User”) to send and receive money to and from a Network Bank and its customers using the User’s email address or mobile phone number (the “Services”).
We may collect information from or about you in a number of ways, including (i) when you give it to us, (ii) when you give us permission to obtain it, (iii) when we obtain it from other sources, and (iv) automatically when you use our Website or Services.
To understand what information we may collect from or about you, and how we use and disclose it, please select the appropriate activity below:
We and our third-party service providers may automatically collect information from visitors to our Website, including individuals who do not register as Users, including:
See the How We Use Cookie Technology section for information on internet data we collect.
Most popular Internet browser applications will allow you to configure the browser so as not to accept cookies. However, setting your browser to reject cookies may, in certain instances, prevent you from taking full advantage of the Website (or some portion thereof) and its capabilities, or cause some features of the Website to function improperly or more slowly.
We collect personally identifiable information (“Personal Information”) from you when you register as a User or when you update your information through our Website. This information may include:
We may also collect Personal Information from our Network Banks if they receive a notification that your bank account information in our database is inaccurate and needs to be changed. In addition, we may collect Personal Information from consumer reporting agencies in order to process your registration, verify your identity, verify your bank account information and protect against or prevent actual or potential fraud or unauthorized use.We may also collect certain technical data automatically when you use our Service. This information may include:
See the How We Use Cookie Technology section for information on internet data we collect.
We may use and disclose automatically collected internet data primarily for purposes of administering, testing, protecting and improving our Website, analyzing how the Website is being accessed and used, to better understand the preferences of our Website visitors, identifying server problems, measuring effectiveness of our communications and success of our marketing campaigns, and personalizing your experience on our Website.
We may also create or compile aggregated and de-identified data, which is data that is derived from various sources, including accounts and transactions. This information, which does not identify individuals, is used by clearXchange for its business purposes, which may include offering services, research, marketing or analyzing market trends, and other purposes consistent with applicable laws.
We may share Personal Information of Users with Network Banks, affiliates, and other third parties (such as vendors or Service Providers) for the purposes described above under “How We Use and Disclose Personal Information Collected When You Visit Our Website or Use Our Services.”
We require any Service Provider with whom we share Personal Information to protect the confidentiality of such information and use it solely for the purposes for which it was shared. clearXchange will neither disclose nor share any of your Personal Information with our Network Banks, affiliates or any third party for purposes of marketing their or clearXchange’s products or services to you.
Our Website and Services are not intended for children and we do not knowingly collect information from children under the age of 18. If you have reason to believe that we collected or are in possession of Personal Information from someone under 18 years of age, please let us know.
If you are under 18, please do not attempt to register for the Website or Services, or send any information about yourself to us. By using the Website or using the Services, you represent that you are not under 18 years of age.
Our Website does not respond to “Do Not Track” signals. We do not collect personally identifiable information about your online activities over time and across third party websites or online services nor do we allow other parties to do so.
We take reasonable measures to safeguard your information, including technical, administrative and physical security controls to protect from unauthorized access, disclosure, or use. However, despite even our best efforts, the security of data transmission over the Internet cannot be completely guaranteed. You should always take precautions regarding how you handle and disclose your personal information and should avoid sending it through unsecure channels.
Keeping your clearXchange profile information, including your bank account, personal information, and email addresses/mobile numbers, accurate and up-to-date is very important. If your clearXchange profile information is incomplete, inaccurate or not current, please update your information by logging in to your clearXchange profile
Under California Law, California residents have the right to request in writing from businesses with whom they have an established business relationship, (a) a list of the categories of personal information, such as name, email and mailing address and the type of services provided to the customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes and (b) the names and addresses of all such third parties. To request the above information, please contact us via email, through our Contact Us page or write to us at the address indicated below.
Attn: Privacy Office
16552 N. 90th Street
Scottsdale, AZ 85260