ClearPoint Financial Solutions, Inc. (“CLEARPOINT”) offers this website, including all information, software, products and services available from this website or offered as part of or in conjunction with this website (the “website”), 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 website 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 website is for your personal and noncommercial use. As a condition to your continued use of the website, you warrant to CLEARPOINT that you will not use the website for any purpose that is unlawful or prohibited by these Terms and Conditions.
USE THE WEBSITE AT YOUR OWN RISK. THIS WEBSITE 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 WEBSITE 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 website or its operation will be accurate, reliable, uninterrupted or error-free. No agent or representative has the authority to create any warranty regarding the website on behalf of CLEARPOINT. CLEARPOINT reserves the right to change or discontinue at any time any aspect or feature of the website.
The website 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 WEBSITE 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 WEBSITE, DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE, 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 WEBSITE. 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.
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 website may contain hyperlinks to websites offered by parties other than CLEARPOINT. Such hyperlinks are provided for your reference and convenience only. CLEARPOINT does not control such other websites and is not responsible for their content; nor does CLEARPOINT’s inclusion of hyperlinks to such websites imply any endorsement of the material on such websites or any association with their operators. Unless otherwise specifically stated on this website, 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 website.
You are hereby licensed to create hyperlinks to the content on the website, 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. See our complete linking policy.
Software available on website
Any software that is made available to download from this website 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.
Except for material in the public domain under United States copyright law, all material contained on the website (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 website 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 website for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the website. 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 website for distribution or other purposes should be mailed to:
ClearPoint Financial Solutions, Inc.
Attn: Jim Craig
8000 Franklin Farms Drive
Richmond, Virginia 23229-5004
The trademarks listed at http://www.clearpointcreditcounselingsolutions.org/wp-content/uploads/TM-brochure.pdf are trademarks or registered trademarks of CLEARPOINT, and are protected by state and federal trademark laws. Other trademarks appear on the website with permission from their respective owners. Your unauthorized use of trademarks appearing on the website 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 website 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 website, including all of your privileges or accounts that you may have established in connection with the website.
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 website infringes your copyright, you may seek to have the material removed by sending CLEARPOINT notice that includes all of the following information:
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
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 website.
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:
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 website user.
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:
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 website 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 website, 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.
The website 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 website are appropriate or available for use in other locations. Those who choose to access the website 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 website 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.
Opt out procedures
You may always opt out of receiving future mailings or other information from CLEARPOINT. If the mailing does not have an email cancellation form, send email to email@example.com detailing the type of information that you no longer desire to receive.
The following additional terms, conditions and notices apply to use of the website by children under the age of 13 years whenever CLEARPOINT becomes aware that a user is in that age range:
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: firstname.lastname@example.org.