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clearXchange Terms of Use

Last updated: December 23, 2015

clearXchange LLC operates this website (“Website”) to provide on-line access to information about clearXchange, its products and its services. By accessing and using this Website, you agree to each of the terms and conditions set forth in these Terms of Use. The registration and use of clearXchange.com services shall be subject to the separate terms and conditions of the clearXchange.com User Service Agreement as modified from time to time. clearXchange reserves the right to modify the Terms of Use at any time without notice and your use of the Website following any modification expresses your agreement to accept and be bound by the Terms of Use as modified.

Internet Browsers

Up-to-date Internet browsers that we support include Internet Explorer 10.x or higher, Safari 3.2.x or higher, Firefox 32.x or higher and Chrome 38.x or higher, Mac OSX Safari 5 and higher, Safari for iOS 6 and higher, Chrome for iOS, and Chrome for Android.

Use of Website

You may use the Website and the information, images, downloadable resources and other content on the Website only for purposes to learn about clearXchange, its products and its services and for no other purposes. clearXchange transfers no right, title or interest in any content on the Website to you, whether as a result of your downloading or printing content or otherwise. You may not use, alter, copy, distribute, transmit our Website content, or create another work based on that content, except in any case as expressly permitted by these Terms of Use. clearXchange maintains certain copyright and other intellectual property rights in and to the information, images, text, design and layout of the Website, and your unauthorized use of those materials and concepts is prohibited.

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 agree that you will not use this Website for any unlawful purpose or for any purpose prohibited by the Terms of Use. The purposes prohibited by these Terms of Use include:

  • Selling, reselling or offering for sale or resale any content or aspect of this Website;
  • By-passing any measures clearXchange uses to prevent, restrict or otherwise limit access;
  • Using the Website to send altered, deceptive or false information;
  • Using the Website to intercept, collect or store personal information of others;
  • Using the Website to spam or phish or otherwise impact the operation of Website or the integrity of the use of the Website by clearXchange or others;
  • Accessing, monitoring or copying any content or information on the Website, including but not limited to by means of robots, screen scrapers, data mining software or similar tools;
  • Framing or otherwise incorporating all or any portion of the Website into any other site;
  • Decompiling, disassembling or reverse engineering any of the software or content used in any part of the Website;
  • Placing, sending or otherwise transmitting any malware, virus or using any malicious programs or techniques in connection with the Website;
  • Overloading or otherwise crashing or attempting to crash the Website; and
  • Engaging in any high volume data transfers or bandwidth use via any use of the Website.

Use of Marks

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.

Links

We provide links to third party Websites (for example, any link to the homepage of any of our network banks) solely as a convenience to you. No such links constitute or imply any endorsement, sponsorship or recommendation by clearXchange of that third party, its website or the contents of its website and clearXchange has no responsibility or liability for any third party website. You acknowledge and agree that if you use those links, you will be subject to that third party's terms of use, its privacy policy or information security policy or any other terms, policies, conditions or agreements applicable to that third party's website.

You may not link or otherwise connect our Website or any content on our Website without our prior written permission to do so.

Disclaimer of Warranties

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.

Limitation of Liability

IN NO EVENT WILL CLEARXCHANGE, ITS OWNERS, DIRECTORS, OFFICERS OR AGENTS 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) THE USE OF OR INABILITY TO USE THE WEBSITE OR ITS CONTENT, (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, THE PRODUCTS OR SERVICES DESCRIBED OR THE CONTENT, OR (III) ANY OTHER MATTER RELATING TO THE WEBSITE, THE PRODUCTS OR SERVICES DESCRIBED, OR THE CONTENT, EVEN IF CLEARXCHANGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE CONTENT OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. 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.

Indemnification

You agree to indemnify, defend and hold harmless CLEARXCHANGE, its owners, directors, officers and agents 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 Website or its content, or any violation by you of these Terms of Use.

Miscellaneous

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.

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The clearXchange.com User Service Agreement

Last updated: December 23, 2015

1. Description of Services

  • clearXchange, LLC provides a network directory service (the “Network Directory”) to U.S. financial institutions who participate in the Network Directory (our “Network Banks”) to enable convenient transfers of money between their deposit account holders registered with their respective payment services (each, a “Network Bank Customer”) using email addresses or mobile phone numbers. clearXchange provides a service for individuals who have no deposit account with our Network Banks to enable such clearXchange.com Users (each “User”) to (a) receive money from a Network Bank Customer using the User’s email address or mobile phone number (the “Receive Services”); and (b) send money to a Network Bank Customer through an authorized debit transfer from the User’s deposit account after that User has either participated in the Receive Services or provided additional information required to send money (the “Send Services and, together with the Receive Services, the “Services”).
  • clearXchange provides no deposit account or other financial services. clearXchange neither transfers, moves nor initiates the transfer or movement of money. You may not establish a financial account with clearXchange of any kind and your agreement to be a User relates to your registration of an email address or mobile phone number as your profile identification in the Network Directory and your permission for clearXchange to share your personal information (including your bank account number provided to clearXchange) with our Network Banks for the purpose of completing money transfers between Network Bank Customers and you. Our Service to you as a User will be provided at all times subject to the terms and conditions of this Service Agreement.

2. Accepting this Service Agreement

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.

3. Consent to Share Personal Information (Including Account Information)

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:

  • As necessary for our Network Banks to complete money transfers between Network Bank Customers and you;
  • As necessary to resolve a problem related to a transfer or payment between you and a Network Bank Customer;
  • To verify the existence of your bank account for our Network Banks;
  • To verify your identity for purposes of compliance with applicable laws, including without limitation the USA PATRIOT Act;
  • To comply with inquiries in connection with fraud prevention or any investigation; For our general business purposes, including without limitation data analysis and audits; or
  • As otherwise permitted by the terms of our Privacy and Information Security Notice.

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.

4. Privacy and Information Security

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.

5. Registering Your Emails or Mobile Numbers; Consent to Email or Automated Text Messages

  • To participate as a User, you must first register your email address or mobile phone number as a profile ID in the Network Directory. You must provide us with an email address that you regularly use and intend to use regularly (i.e., no disposable email addresses) and a permanent mobile phone number that you intend to use for an extended period of time (i.e., no “burner” numbers).
  • You must register through the Site from your personal computer or a web-enabled tablet or mobile device.
  • We require you to use an email address as your username for access and to establish a password that meets the security requirements described on our Site.
  • At registration, we will collect information from you necessary to verify your identity, which we will do to protect ourselves from fraud and to comply with applicable laws. We reserve the right to deny your registration or request additional information from you if you do not provide us with this information, if we cannot verify your identity, or if we have concerns about fraud or security.
  • We also may request additional information about you from time to time. We may cancel or suspend your registration or block a transaction if you do not provide us with this information, if we cannot verify your identity with the information you provide, or if we have concerns about fraud or security. Once registered, you may receive money from any Network Bank Customer at that customer’s initiation or authorize a debit of your account to send money to any Network Bank Customer at your initiation or in response to that Network Bank Customer’s request.
  • By participating as a User, you represent to clearXchange that you are the owner, or that you have the authority to act on behalf of the owner, of the email address or mobile phone number you register as a profile ID in the Network Directory. You consent to the receipt of emails or text messages from clearXchange, a Network Bank or their agents regarding our Services or related transfers between our Network Banks and you. You agree that clearXchange or its agents may use automatic telephone dialing systems in connection with text messages sent to any mobile phone number you register. You further acknowledge and agree:
  • You are responsible for any fees or other charges that your wireless carrier may charge for any related data, text or other message services, including without limitation for short message service.
  • You and clearXchange are solely responsible for the content transmitted through the text messages sent to and from clearXchange.
  • In addition, in the case of any messages that you may send through clearXchange or that clearXchange may send on your behalf to an email address or mobile phone number, you represent to clearXchange that you have obtained the consent of the recipient of such emails or automated text messages to send such emails or text messages to the recipient.
  • To cancel text messaging from clearXchange, send STOP to 31061. For help or information regarding text messaging, send HELP to 31061 or contact clearXchange customer service at 866-839-3488 or +1 501-748-8506. You expressly consent to receipt of a text message to confirm your “STOP” request.

6. Consumer Reports

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.

7. Receiving Money; Money Transfers by Network Banks; Liability for Failed Transactions

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.

8. Sending Money; Debits by Network Banks; clearXchange Liability

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.

9. Transaction Errors

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:

  • YOU BELIEVE THAT YOUR CLEARXCHANGE PASSWORD HAS BEEN STOLEN OR COMPROMISED OR THAT SOMEONE USING THE SERVICES HAS TRANSFERRED OR MAY TRANSFER MONEY FROM YOUR BANK ACCOUNT WITHOUT YOUR PERMISSION.
  • Your bank statement or transaction record reflects an error in a money transfer using the Services.
  • You need more information about a money transfer using the Services.
  • An unauthorized person has discovered your clearXchange password and may divert money meant for you to their account.
  • You believe that someone has transferred money to you using the Services but you did not receive it.

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.

10. Your Liability for Unauthorized Transfers

A. Consumer Accounts Only

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:

  • Your name and the email address or mobile phone number you registered with clearXchange.
  • The date and dollar amount of the transaction in question.
  • If known, the name of the Network Bank Customer and the name of their bank.
  • A description of the transaction about which you are unsure.

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.

B. Business Accounts Only

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.

11. Liability for Failure to Complete Transfers: Consumer Accounts Only

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:

  • If, through no fault of ours, the sender does not properly complete the transfer to your account.
  • If, through no fault of ours, your account does not contain sufficient funds to make the transfer and the transfer would exceed any credit line or any overdraft protection for such account.
  • If our Services or Network Bank’s services weren't working properly, and the sender knew about the malfunction when the sender initiated the transfer.
  • If the financial institution holding your account mishandles or delays processing or posting a transfer facilitated by the Services.
  • If circumstances beyond our control (such as fire or flood) prevented the transaction or transfer, despite reasonable precautions we've taken.

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.

12. Notification of Change

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.

13. Fees

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.

14. Limitations on Transfers: Send Limits

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.

15. Use of Our Site

You agree to access our Site in compliance with our Terms of Use, which are available on the “Terms of Use” tab on the Site at: https://www.clearXchange.com/legal#terms and incorporated into and made part of this Service Agreement by this reference.

16. Cancellation

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.

17. clearXchange Right to Terminate Access

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.

18. Disclaimer of Warranties

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.

19. Limitation of Liability

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.

20. Indemnification

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.

21. Governing Law; Choice of Law; Severability

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.

22. Miscellaneous

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.

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clearXchange E-sign Disclosure and Consent

Last Updated: December 23, 2015

YOU MUST AGREE TO THIS E-SIGN CONSENT TO REGISTER FOR THE CLEARXCHANGE SERVICES.

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.

  1. Records and Communications May be Provided in Electronic Form. You agree that we may provide you with Records and Communications in electronic format. Your consent to receive electronic Records and Communications includes, but is not limited to:
    • All legal and regulatory disclosures and communications for the clearXchange services;
    • Notices or disclosures about a change in the terms governing use of the clearXchange services;
    • Privacy policies and notices.
  2. Providing Records and Communications in Electronic Form. All Records and Communications to you in electronic form may be provided (i) by email, (ii) by access to a website designated in an email notice from clearXchange to you, or (iii) to the extent permissible by law, by access to a website generally designated in advance for such purpose.
  3. How to Withdraw Consent. You may withdraw your consent to receive Records and Communications in electronic form by contacting us at customerservice@clearXchange.com. Once we process your request to withdraw your consent to receive Records and Communications in electronic form, your access and use of the clearXchange services will terminate. Any withdrawal of your consent to receive electronic Records and Communications will be effective only after we have a reasonable period of time to process your withdrawal.
  4. How to Update Your Information. You are responsible to provide us with true, accurate and complete email address, contact and other information related to this E-sign Consent and to the clearXchange services and to maintain and update promptly any changes in that information. You can update your information through our website.
  5. Hardware and Software Requirements. In order to access, view and retain electronic Records and Communications that we make available to you, you must have:
    • An internet browser that we support, which are Internet Explorer 10.x or higher, Safari 3.2.x or higher, Firefox 32.x or higher and Chrome 38.x or higher, Mac OSX Safari 5 and higher, Safari for iOS 6 and higher, Chrome for iOS, and Chrome for Android;
    • Local, electronic storage capacity to retain Records or Communications or a printer to print them; A valid email account and software to access that email account;
    • An up-to-date device or devices (e.g., computer, tablet, mobile phone, etc.) suitable for connecting to the Internet and supported by clearXchange;
    • An operating system capable of receiving, accessing and displaying Records and Communications from us in electronic form via text-formatted email or access to our website using a supported browser
  6. Requesting Paper Copies. We will send no paper copy of any Records and Communications to you unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of your electronic Records and Communications by printing it yourself or by requesting that we mail you a paper copy. To request a paper copy of any particular Records and Communication be mailed to you, contact us at customerservice@clearXchange.com. Please make sure to state that you are requesting a paper copy of particular Records and Communications. We do not charge a fee for providing a paper copy of Records and Communications.
  7. Records and Communications in Writing. All Records and Communications in electronic or paper format from us to you will be considered “in writing”. You should print or download for your records a copy of this E-sign Consent and any other Records and Communications important to you.
  8. Federal Law. You acknowledge and agree that this E-sign Consent is being provided by you in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and clearXchange both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
  9. Termination/Changes. clearXchange reserves the right, in our sole discretion, to discontinue the provision of electronic Records and Communications, or to terminate or change the terms and conditions on which we provide electronic Records and Communications. We will provide you with notice of any such termination or change as required by law.
  10. Consent. You hereby give your affirmative consent to receive electronic Records and Communications as described in this E-sign Consent. You further agree that your computer or other device satisfies the hardware and software requirements specified above and that you have provided clearXchange with a current email address at which we may send you electronic Records and Communications.
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CLEARXCHANGE, LLC PRIVACY POLICY

Last updated: December, 2016

clearXchange® takes the privacy and security of personal information very seriously. Please read our Privacy Policy to understand how we will collect, use, disclose and protect information about you.

SCOPE OF PRIVACY POLICY

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”).

This Privacy Policy applies to the (i) clearXchange, LLC website, https://www.clearxchange.com (the “Website”) and (ii) the use of Services. By using the Website or Services, you consent to the privacy practices described in this Privacy Policy.

This Privacy Policy does not apply to information about you collected (i) by third party services, applications or websites, or advertisements associated with, linked to or otherwise accessible from the Website or (ii) by third party individuals, retailers, financial institutions or other firms or companies with which you conduct transactions or communications facilitated and/or confirmed through use of the Services (“Third Party Transactions”). The information collected and received by such third parties is subject to their privacy policies and under no circumstance is clearXchange liable for the third party’s compliance therewith. You should review the privacy policies of third parties with whom you conduct or engage in Third Party Transactions.

COLLECTION, USE AND DISCLOSURE OF INFORMATION

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:

Visiting Our Website

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:

  • Your Internet protocol (IP) address
  • The web page from which you entered our Website
  • The type of web browser or operating system you are using
  • The name of your internet provider
  • Your activity while using the Website (including access times, new and repeat visit information, which of our web pages you visit, how long you spend on each page, and exit page information).

See the How We Use Cookie Technology section for information on internet data we collect.

How We Use Cookie Technology

To collect internet data we use cookie technology. A “cookie” is a text file that is placed on your hard disk by a web page server. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. Cookies cannot be used to run programs or deliver viruses to your computer. We may also use pixel tags, web beacons, clear GIFs, JavaScript or other technologies. These are online technologies that function similarly to cookies and help us track activities on our Website and to count users who open our HTML-formatted email messages.

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.

Using Our Services

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:

  • Name
  • Date of birth
  • Postal or email addresses
  • Telephone number
  • Mobile numbers
  • Financial account numbers

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:

  • Your Internet protocol (IP) address
  • The web page from which you entered our Website
  • The type of web browser or operating system you are using
  • The name of your internet provider
  • Your activity while using the Website (including access times, new and repeat visit information, which of our web pages you visit, how long you spend on each page, and exit page information).

See the How We Use Cookie Technology section for information on internet data we collect.

How We Use and Disclose Personal Information Collected When You Visit Our Website or Use Our Services

clearXchange does not sell information concerning visitors to the Website and we do not sell or rent your Personal Information to third parties for marketing purposes. Except as set forth in this Privacy Policy, we will not reveal any of your Personal Information to any other third party without your consent, except that we may share your Personal Information with our Service Providers (any person or company with whom we have entered into a legal arrangement for joint provision of or shared responsibility for provision of the Website or Service we provide) or business associates who assist us in administering our Service or the Website. Accordingly, we may use and disclose Personal Information collected when you visit our Website or use our Services for certain purposes, including:

  • To enable our Network Banks to complete money transfers between their customers and you
  • To send you an email or text message to notify you of a pending money transfer or request for payment
  • To verify changes you have made to your Personal Information
  • To facilitate your registration on our Website and to resolve issues relating to your clearXchange registration
  • To resolve a problem related to a transaction with our Network Banks
  • To verify the existence of your bank account
  • To verify your identity
  • To test, correct and improve our content and services
  • To analyze how the Website is being accessed and used
  • To improve the Website’s performance and delivery
  • To customize your user experience
  • To develop new products and services
  • To comply with applicable laws and legal requirements (e.g. subpoena, court order, etc.)
  • If it is necessary to allow our service providers or agents to provide services for us (such service providers or agents being required to maintain the confidentiality of your information with equal or greater protections than those provided by us)
  • If it is necessary in connection with other business purposes including, without limitation, customer care, service quality, business management and operation, risk assessment, security, fraud and crime prevention/detection, monitoring, research and analysis, marketing and dispute resolution
  • If it is necessary as part of a merger, divestiture or acquisition
  • If it is necessary for us to provide it to our attorneys, accountants, regulators, auditors or other advisors
  • As relevant 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

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.

How We Share Personal Information

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.

ADDITIONAL INFORMATION

Not for Children

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.

Do Not Track

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.

Our Security Safeguards

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.

Linking to Third Party Websites

We may provide links to websites that are owned or operated by other third party companies and entities. When you use a link from the Website to visit a third party’s website, you will be subject to that website’s privacy policy, which may be different from ours. You should carefully read the policies of the websites you visit. We are not responsible for the privacy practices of any websites that are not owned or operated by us.

Reviewing and Updating Your Information

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

California Privacy Rights

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.

International Users

Our Website and Service are intended for a U.S. audience. If you visit or use the Website or use the Service, your information may be transferred or processed within the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen. By accessing the Website or using our Service, you acknowledge and agree that we may collect, process, store, use, disclose, and dispose of your personal information in accordance with the terms of this Privacy Policy.

Privacy Policy Changes

clearXchange reserves the right to update this Policy from time to time. We will notify you of any material changes to the Policy by posting the new Policy here. If we make any changes to this Privacy Policy, we will change the “Last Updated” date above. You should periodically read this Privacy Policy to learn of any revisions.

How to Contact Us

If you have any questions regarding this Privacy Policy, refer to the latest customer service hours at https://www.clearXchange.com/contact-us and contact us at: 1-866-839-3488 or +1 501-748-8506.

You may also contact our Privacy Office should you have any questions about this Privacy Policy. For questions not related to privacy, click on the Contact Us link at the bottom of this page. We will keep a copy of your message until we have had an opportunity to address your concerns. We may archive your message for a certain period of time or discard it, but your email address will not be used for any other purpose.

clearXchange, LLC
Attn: Privacy Office
16552 N. 90th Street
Scottsdale, AZ 85260
480.483.4610
privacyoffice@earlywarning.com

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