Terms and Conditions of Use

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ClearPoint Financial Solutions, Inc. (“CLEARPOINT”) offers this Web site, including all information, software, products and services available from this Web site or offered as part of or in conjunction with this Web site (the “Web site”), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here. CLEARPOINT reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. Your continued use of the Web site constitutes your agreement to all such terms, conditions, policies and notices, and any changes to these Terms and Conditions made by CLEARPOINT.

Personal and noncommercial use
The Web site is for your personal and noncommercial use. As a condition to your continued use of the Web site, you warrant to CLEARPOINT that you will not use the Web site for any purpose that is unlawful or prohibited by these Terms and Conditions.

No warranties
USE THE WEB SITE AT YOUR OWN RISK. THIS WEB SITE IS PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. CLEARPOINT MAKES NO WARRANTY THAT ANY CONTENT CONTAINED ON THIS WEB SITE SATISFIES ANY APPLICABLE GOVERNMENT LAW, REGULATION OR REQUIREMENT. Neither CLEARPOINT nor its employees, agents, third-party information providers, merchants, licensors or the like warrant that the Web site or its operation will be accurate, reliable, uninterrupted or error-free. No agent or representative has the authority to create any warranty regarding the Web site on behalf of CLEARPOINT. CLEARPOINT reserves the right to change or discontinue at any time any aspect or feature of the Web site.

The Web site and certain tools including therein (including financial calculators) are intended only to assist you with financial decisions and are broad in scope and do not consider your personal financial situation. Your personal financial situation is unique and the
information and advice may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, CLEARPOINT recommends that you obtain additional information and advice from a CLEARPOINT credit counselor or other financial advisor who is fully aware of your individual circumstances.

Exclusion of liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL CLEARPOINT OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, STORING OR DISTRIBUTING THE WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE WEB SITE, DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEB SITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY AGREE THAT NO LICENSOR, SUPPLIER OR INFORMATION PROVIDER TO CLEARPOINT OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, OR ANY OF THEIR SUCCESSORS OR ASSIGNS, SHALL HAVE ANY LIABILITY TO YOU FOR ANY REASON OR UNDER ANY THEORY WHATSOEVER, BASED UPON THE INFORMATION PROVIDED ON OR THROUGH THE WEB SITE. Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitation may not apply to you.

Indemnification
You agree to defend, indemnify and hold CLEARPOINT, its officers, directors, affiliated companies, employees and agents, licensors and suppliers harmless from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the CLEARPOINT site, or any content, product or service offered through the CLEARPOINT site, in a manner that violates or is alleged to violate these Terms and Conditions. CLEARPOINT shall provide notice to you of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

Featured links and advertisements
The Web site may contain hyperlinks to Web sites offered by parties other than CLEARPOINT. Such hyperlinks are provided for your reference and convenience only. CLEARPOINT does not control such other Web sites and is not responsible for their content; nor does CLEARPOINT’s inclusion of hyperlinks to such Web sites imply any endorsement of the material on such Web sites or any association with their operators. Unless otherwise specifically stated on this Web site, CLEARPOINT does not endorse any product or service or make any representation regarding the reliability, quality or accuracy of any products or services featured in, or linked to, any advertisement appearing on this Web site.

Linking policy
You are hereby licensed to create hyperlinks to the content on the Web site, provided that you are in compliance with the Linking Policy of CLEARPOINT, which shall be deemed to be a part of these Terms and Conditions.  CLEARPOINT reserves the right to revoke this license generally, or your right to use specific links, at any time.

Software available on Web site
Any software that is made available to download from this Web site is the copyrighted work of CLEARPOINT and/or its suppliers. Your use of the software is governed by the terms of the End User License Agreement, if any, that accompanies or is included with the software. You may not install or use any software without first agreeing to the terms of such End User License Agreement. For any software not accompanied by an End User License Agreement, CLEARPOINT hereby grants to you a personal, nontransferable, non-sublicensable license to use the software for viewing and other purposes within the scope of use of such software anticipated by CLEARPOINT in accordance with these terms and conditions, and for no other purpose. Any such software is provided to you subject to the warranty and liability exclusions set forth in these Terms and Conditions.

Copyright
Except for material in the public domain under United States copyright law, all material contained on the Web site (including all software, HTML code, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Web site without the prior consent of the copyright owner. None of the material contained on the CLEARPOINT site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of CLEARPOINT. Violation of this provision may result in severe civil and criminal penalties.

You may make single copies of materials displayed on the Web site for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Web site. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from CLEARPOINT or the copyright owner of the copied material. Requests to reproduce materials on the Web site for distribution or other purposes should be mailed to:

ClearPoint Financial Solutions, Inc.
Attn: Jim Craig
8000 Franklin Farms Drive
Richmond, Virginia 23229-5004

phone: 877.877.1995
fax: 804.236.3816
e-mail

Trademarks
“ClearPoint Bankruptcy Counseling Solutions,” “ClearPoint Credit Counseling Solutions,” “ClearPoint Credit Report Solutions,” “ClearPoint Credit Score Solutions,” “ClearPoint Debt Management Solutions,” “ClearPoint Financial Solutions,” “ClearPoint Housing Counseling Solutions,” “ClearPoint Personal Financial Strategies,” “Credit Counseling You Can Trust,” CDC Logo, CDC logo plus “Consumer Debt Counseling,” “ByDesign,” “ByDesign Financial Solutions,” and “Consumer Credit Counseling Service of Los Angeles” are trademarks or registered trademarks of CLEARPOINT, and are protected by state and federal trademark laws. Other trademarks appear on the Web site with permission from their respective owners. Your unauthorized use of trademarks appearing on the Web site may constitute trademark infringement, which could subject you to substantial civil penalties.

Termination of Privileges
CLEARPOINT reserves the right to terminate your privilege of using all or any portion of the Web site if you breach any of these Terms and Conditions. If CLEARPOINT receives notice or otherwise discovers that you have posted material that infringes another party’s copyright or trademark rights or violates another party’s rights of privacy or publicity, CLEARPOINT may terminate your access to the Web site, including all of your privileges or accounts that you may have established in connection with the Web site.

Copyright infringement
CLEARPOINT will not tolerate copyright infringement of any kind. CLEARPOINT does not, however, monitor user-submitted materials for copyright infringement. If you believe that any material on the Web site infringes your copyright, you may seek to have the material removed by sending CLEARPOINT notice that includes all of the following information:

  • your full name, address and telephone number
  • your e-mail address
  • identification of the copyrighted work(s) that you believe is being infringed
  • identification of the infringing material and information sufficient for CLEARPOINT to locate the material
  • your statement of good faith belief that (a) the material infringes your copyrights, (b) the information provided in the notice is accurate and (c) under penalty of perjury, you are authorized to act for the copyright owner
  • your physical or electronic signature

Direct such notice to CLEARPOINT designated agent for receiving copyright infringement notices:

ClearPoint Financial Solutions, Inc.
Attn: Jim Craig
8000 Franklin Farms Drive
Richmond, Virginia 23229-5004

phone: 877.877.1995
fax: 804.236.3816
e-mail

Upon receipt of notice complying with the above requirements, CLEARPOINT will act to remove infringing materials and, if applicable, send notice to the user that posted such materials on the Web site.

If CLEARPOINT removes materials posted by you as a user due to alleged copyright infringement, you may seek to have the materials reinstated by notifying CLEARPOINT’s designated agent in writing and including the following information:

  • your full name, address and telephone number
  • your e-mail address
  • identification of the material that has been removed or to which access has been disabled, including its location before it was removed or disabled
  • your statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material
  • your statement consenting to the jurisdiction of the Federal District Court for the district in which your address is located, or, if you reside outside of the United States, for the Eastern District of Virginia (where CLEARPOINT may be found), and that you will accept service of process from the person who provided notice of copyright infringement or from such person’s agent
  • your physical or electronic signature

Upon receipt of a notice meeting the above requirements, CLEARPOINT will send a copy of the notice to the copyright owner who initially claimed copyright infringement. Within 10 to 14 days following receipt of the notice, CLEARPOINT will replace or enable access to the removed material unless CLEARPOINT receives notice from the copyright owner who submitted the first notification that it has filed an action seeking a court order to restrain the user that posted the materials from engaging in infringing activity. Please note that parties who misrepresent that materials are infringing or were removed by mistake or misidentification are subject to substantial civil liability to CLEARPOINT and/or the copyright owner or Web site user.

Community forums
CLEARPOINT may provide chat rooms, message boards and other public posting areas or community forums (“Community Forums”) on the CLEARPOINT site. If CLEARPOINT provides any such Community Forum or if you use a Community Forum, you are solely responsible for your own communications and the consequences of posting those communications. CLEARPOINT does not assume any responsibility for the consequences of any Community Forum communications on or arising from use of the CLEARPOINT site. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

In consideration for being allowed to use the Community Forums, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

  • Do not disrespect the privacy and views of others;
  • Do not use the Community Forums for commercial purposes, including the promotion of any specific goods or services;
  • Do not post obscene, profane, sexually explicit, libelous, slanderous, defamatory, harmful, threatening, illegal or knowingly false information;
  • Do not post blatant expressions of bigotry, racism or hate, material encouraging conduct that may constitute or contribute to a criminal offense, give rise to civil liability or violate any national, state or local law, regulation or authority, or any other material which CLEARPOINT finds objectionable;
  • Do not use the Community Forums for unlawful purposes;
  • Do not impersonate another person;
  • Do not allow any other person or entity to use your identification to post or view comments; and
  • Do not post material that infringes on the copyright or other intellectual property rights of others or the privacy and publicity rights of others.

CLEARPOINT reserves the right to record dialogue in Community Forums. CLEARPOINT is not responsible for screening or monitoring material posted by users or any other person or entity. If notified by a user of communications that are alleged not to conform to the terms of this Section, CLEARPOINT may investigate the allegation and determine in its sole discretion to remove or request the removal of the communications. CLEARPOINT reserves the right to remove communications that are abusive, illegal, disruptive or that otherwise fail to conform with these Terms and Conditions. CLEARPOINT reserves the right (but is not obligated) to delete any communications posted on the CLEARPOINT site, regardless of whether such communications violate these standards for content.

Furthermore, CLEARPOINT reserves the right (but is not obligated) to monitor or disclose any type of posting on the Community Forums for adherence to the Terms and Conditions, if required in the course of normal operations and maintenance of the CLEARPOINT site, or if required to do so by law or in the good faith belief that such action is necessary to (i) comply with the law or comply with legal process served; (ii) protect and defend the rights of CLEARPOINT or others; or (iii) act in an emergency to protect the personal safety of our users or the public. CLEARPOINT HAS NO LIABILITY OR RESPONSIBILITY TO USERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.

CLEARPOINT does not represent or guarantee the truthfulness, accuracy or reliability of any of the material posted by Community Forum users or endorse any opinions expressed by such users. ANY RELIANCE UPON CONTENT POSTED IN A COMMUNITY FORUM IS AT YOUR OWN RISK.

Any public Community Forum areas are for discussion and debate only. You may not use any Community Forum area to post or transmit advertisements or commercial solicitations of any kind. You may not post or transmit any material of any nature, including text, audio, software, animation or photographs, belonging to any person or party other than yourself, without the prior written consent of such owner. Simply because material is available on the Internet does not mean it is in the public domain. The vast majority of materials on the Internet are protected by copyright and trademark laws. CLEARPOINT shall have the right, but not the obligation, to monitor any Community Forum areas of the Web site to determine compliance with these Terms and Conditions and any other operating rules that may be established by CLEARPOINT from time to time.

By posting messages or other material in any Community Forum areas of the Web site, you are granting to CLEARPOINT and its licensees a worldwide, royalty-free, perpetual, non-exclusive and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any posting by you (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed.

Through your use of the CLEARPOINT Community Forums, you are agreeing to all of the aforementioned Terms and Conditions for such Community Forums contained herein.

You agree to defend, indemnify and hold harmless CLEARPOINT and its officers, directors, affiliated companies, employees, agents, licensors and suppliers, from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of any Community Forums or use by others of any community forums with respect to you, including, without limitation, any claim of libel, defamation, harassment, violation of rights of privacy or publicity, loss of service or infringement of intellectual property or other rights, or violation of these Terms and Conditions.

General
These Terms and Conditions (including the Linking Policy and Privacy Policy of ClearPoint, which shall be deemed to be a part of these Terms and Conditions) constitute the entire agreement and understanding between you and CLEARPOINT with respect to use of the Web site, superseding all prior or contemporaneous communications and/or proposals. These Terms and Conditions also are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. CLEARPOINT reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. By continuing to use the Web site, you are agreeing to all changes made by CLEARPOINT. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the Web site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Jurisdiction
The Web site is controlled and operated by CLEARPOINT from its principal office in the Commonwealth of Virginia, United States of America. CLEARPOINT makes no representation that materials on the Web site are appropriate or available for use in other locations. Those who choose to access the Web site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Web site is not intended to subject CLEARPOINT to the laws or jurisdiction of any state, country or territory other than the Commonwealth of Virginia and the United States of America.

Links
The CLEARPOINT site may contain links to other sites. CLEARPOINT is not responsible for the privacy practices or the content of such Web sites, including any sites that may indicate a special relationship or partnership with CLEARPOINT (such as co-branded pages or “powered by” or “in cooperation with” relationships). CLEARPOINT does not disclose personally identifiable information or unique identifiers to those responsible for the linked sites. The linked sites, however, may collect personal information from you that is not subject to CLEARPOINT’s control. To ensure protection of your privacy, always review the privacy policy of the sites you may visit by linking from the CLEARPOINT site.

Privacy policy
CLEARPOINT respects your privacy and has developed a detailed Privacy Policy.  Please take the time to read the Privacy Policy of CLEARPOINT, which is incorporated by its reference into these Terms and Conditions.

Opt out procedures
You may always opt out of receiving future mailings or other information from CLEARPOINT. If the mailing does not have an e-mail cancellation form, send e-mail to customer.service@clearpointccs.org detailing the type of information that you no longer desire to receive.

Children’s privacy
The following additional terms, conditions and notices apply to use of the Web site by children under the age of 13 years whenever CLEARPOINT becomes aware that a user is in that age range:

  • Users under 13 years of age may not submit or post information on the Web site without the consent of the user’s parent or legal guardian. Prior to collecting any personal information about a child under 13, CLEARPOINT makes reasonable efforts to obtain consent from the child’s parent after informing the parent about the types of information the CLEARPOINT will collect, how it will be used, and under what circumstances it will be disclosed.
  • Although CLEARPOINT will apply these children’s terms and conditions whenever it becomes aware that a user who submits Personal Information is less than 13 years old, no method is foolproof. CLEARPOINT strongly encourages parents and guardians to supervise their children’s online activities and consider using parental control tools available from online services and software manufacturers to help provide a child-friendly online environment. These tools also can prevent children from disclosing online their name, address, and other personal information without parental permission.
  • “Personal information” collected from children may include any of the information defined above as “Personal Information” with respect to general users of the Web site and may be used by CLEARPOINT for the same purposes. Except as necessary to process a child’s requests or orders placed with advertisers or merchants featured on the Web site, CLEARPOINT does not rent, sell, barter or give away any lists containing a child’s Personal Information for use by any outside company.
  • If a child enters a game, contest or other activity sponsored by CLEARPOINT on the Web site, the child may be required by CLEARPOINT to provide the minimum Personal Information reasonably necessary for the child to participate in such activity.
  • A child’s parent or legal guardian may request CLEARPOINT to provide a description of the Personal Information that CLEARPOINT has collected from the child, as well as instruct CLEARPOINT to cease further use, maintenance and collection of Personal Information from the child.
  • If a child voluntarily discloses his or her name, e-mail address or other personally-identifying information on chat areas, bulletin boards or other forums or public posting areas, such disclosures may result in unsolicited messages from other parties. If you have any questions about these Terms and Conditions, the practices of the CLEARPOINT site, or your dealing with CLEARPOINT, you may contact us at: customer.service@clearpointccs.org.

Contact us
If you have any questions about these Terms and Conditions, the practices of the CLEARPOINT site, or your dealing with CLEARPOINT, you may contact us at: customer.service@clearpointccs.org.

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