Terms of Service
Effective: September 25, 2015
These terms of service ("Terms of Service") constitute a legal agreement between you and Clear Finance Technology Corp (“Clearbanc”), an Ontario (Canada) corporation. As used in these Terms of Service, the words "you" and "your" refer to you, the user of Clearbanc’s website, device, or applications, as the party agreeing to these Terms of Service. The words "we", "us", "our" and any other variation thereof refer to Clearbanc. Any reference to "Clearbanc" in this document includes our directors, officers, employees, contractors, owners, agents, licensors, or licensees. As used in these Terms of Service, the term "Site" includes all websites and all devices or applications that we operate that link to these Terms of Service, pages within each such website, device, or application, any equivalent, mirror, replacement, substitute or backup website, device, or application, and pages that are associated with each such website, device, or application. The use of the word "including" in these Terms of Service to refer to specific examples will be construed to mean "including, without limitation" or "including but not limited to" and will not be construed to mean that the examples given are an exclusive list of the topics covered.
- Acceptance of Terms
- Privacy and your Personal Information
- Registration Information
- Accuracy of and Changes to your Information
- Disclosure and Consent to Electronic Communications
- Your Use of the Services
- Modification to Site or Services
- Rights You Grant to Us
- No Unlawful or Prohibited Use
- Clearbanc's Intellectual Property Rights
- Disclaimer of Presentation and Warranties
- Limitation of Liability
- Indemnification of Clearbanc
- Governing Law & Forum for Disputes
1. Acceptance of Terms
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE SITE OR THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE SITE OR THE SERVICES. You may not use the Site or Services, or accept these Terms of Service, if (a) you are not of legal age to form a binding contract with Clearbanc; (b) you are prohibited by law from receiving or using the Services; or (c) you are not a U.S. resident.
Clearbanc may modify this Terms of Service from time to time. Any and all changes to these Terms of Service will be posted on the clearbanc.com site. The Terms of Service will always indicate the date it was last revised. In addition, we will send you an email informing you of any changes in the Terms of Service prior to posting those changes. When you use the Service after those changes are posted, you are deemed to have accepted the new Terms of Service and agree to be bound by any changes to the Terms of Service.
2. Privacy and your Personal Information
3. Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of the combination of your Login ID and password, which together allow you to access the Service. That Login ID and password, together with any account information, mobile number or other contact information you provide form your "Registration Information." If you believe that your Registration Information or a device that you use to access any Site has been lost or stolen, that someone is using your account without your permission, or that an unauthorized transaction has occurred, you must notify us IMMEDIATELY at firstname.lastname@example.org.
4. Accuracy of and Changes to your Information
You agree to provide accurate profile information, including, as applicable, your name, physical address, email address, and Account Information, as defined in Paragraph 8 of these Terms of Service (“Profile Information”). You further agree to promptly update all your Profile Information whenever the information provided to us is no longer accurate. You can update your information by clicking on the settings link after you login. If you need help in changing your information, please email us at email@example.com. We are not responsible for any payment processing errors or fees or other Services-related issues arising from your failure to keep your Profile Information current.
5. Disclosure and Consent to Electronic Communications
You understand and agree that you are entering into these Terms of Service electronically and that certain categories of information ("Communications") may be provided by Clearbanc to you by electronic means (i.e., via email, through the Service by displaying links to notices generally on the Site, or to your mobile device), unless and until you withdraw your consent as described below. The categories of Communications that may be provided by electronic means include:
- These Terms of Service and any amendments, modifications, or supplements;
- Records of any payment and other transactions you handle through the Sites or Services, including payment histories and transaction confirmations;
- Disclosures or notices provided in connection with the Services, including any required by federal or state law (including initial disclosures, periodic statements, periodic and annual error resolution notices, initial and annual privacy notices, opt-out notices, and change-in-terms notices);
- Any customer service communications, including communications with respect to claims of error or unauthorized use of the Sites or Services; and
- Any other communication related to the Sites or Services.
Your access to this page through your device verifies that your device meets these requirements. Although we reserve the right to provide Communications in paper format at any time, you agree that we are under no obligation to do so. All Communications in either electronic or paper format will be considered to be "in writing." You should print a paper copy of these Terms of Service and any Communication that is important to you and retain the copy for your records. If you do not wish to receive these Terms of Service or the Communications electronically, you may not use the Sites or Services.
If you have opened an account with us and you wish to withdraw your consent to have Communications provided electronically, you must close your account by contacting firstname.lastname@example.org and stop using the Sites and Services. There are no fees to close your account with us. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal. We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.
Clearbanc offers various tools and functions through the Sites (the "Services"), that can assess the value of virtual assets such as accrued pay and benefits, rewards programs etc. (the "Virtual Assets") and allow you to
- a) view the value of your Virtual Assets or
- b) use the value for monetary transactions, by assigning to Clearbanc, the complete right, title and interest in those Virtual Assets ("Activating").
We may limit the total number of Virtual Assets that you can Activate at any given time or over a period of time. We may refuse to permit Activations if we reasonably believe such refusal is necessary or advisable for legal or security reasons or to protect the Services. If you fail to maintain a balance in your bank account that is sufficient to fund any payment that is due to us, we may refuse to make any subsequent payment for Virtual Assets Activated by you for as long as we determine to be necessary or appropriate.
(updated May 19, 2017 for improved clarity)
There is no cost to maintain a Clearbanc account.
Advance Pay with Uber (for new drivers): There are no fees associated with Advance Pay.
Instant Pay: The cost is $2 for each day that Clearbanc deposits fund into your account. You are only chaged for the days you work and can cancel anytime by emailing email@example.com. This program is not currently accepting new customers.
Clear Pay (for existing drivers): At any time, you may request a cash advance and Clearbanc will offer to purchase some of your future income at a specified discount. You will have the opportunity to review this offer before accept or rejecting it. There are no other fees associated with ClearPay.
8. Your Use of the Services
Your right to access and use the Sites and use the Services is personal to you and is not transferable by you to any other person or entity, and you may only access and use the Sites and Services for lawful purposes. When your Virtual Assets have been Activated, for valuable consideration, you sell and transfer to Clearbanc, all right, title and interest in and to those Virtual Assets. You warrant that the Virtual Assets are just and due and that you have not received payment for the Virtual Assets or any part of the Virtual Assets. You further warrant that if you receive payment for the assigned Virtual Asset, including by your employer, you will transfer those payments, or permit those payments to be transferred to Clearbanc.
By Activating Virtual Assets, you authorize us to charge your bank account for all payments due to us. You agree to maintain a balance that is sufficient to fund all payments you initiate. Clearbanc reserves the right to charge your bank account at any time after the paycheck associated with Virtual Assets you have Activated has deposited into your account. Our failure to charge your bank account for Activated Virtual Assets within a set amount of time does not constitute a waiver of our right to charge your account for such funds. You represent and warrant that you have the right to authorize us to charge your account for payments due to us under these Terms. You will indemnify and hold Clearbanc harmless from any claims by any other owner of the account. If we are unable to access funds from your bank account to complete a payment that is owed to Clearbanc, you agree that:
- you will reimburse Clearbanc immediately, upon demand, the transaction amount to the extent that it was not collected by Clearbanc;
- you will reimburse Clearbanc for any fees imposed on us as a result of the failed transaction; and
- you will reimburse Clearbanc for any fees we incur in attempting to collect the amount of the failed transaction from you.
Clearbanc is not responsible for any overdraft fees, over-the-limit fees, or insufficient fund charges (including finance charges, late fees, or similar charges) that result from your failure to maintain a balance or available credit in the bank account that is sufficient to fund all payments you initiate.
Accurate records enable us to provide the Sites and Services to you. You must provide true, accurate, current, and complete information about your accounts maintained at Third Party Sites (“Account Information”), and you may not misrepresent any Account Information. In order for the Services to function effectively, you must also keep your Account Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Services provided to you will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, all Account Information and other information necessary to facilitate your use of the Services.
In order to allow you to use certain Services, we may be required to verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide a taxpayer identification number, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying information you provide against third party databases or through other sources. If you do not provide this information or we cannot verify your identity, we can refuse to allow you to use the Services.
Your access and use of the Sites or Services may be interrupted from time to time for any of several reasons, including the malfunction of equipment, periodic updating, maintenance or repair of the Service, or other actions that Clearbanc, in its sole discretion, may elect to take. In no event will Clearbanc be liable to any party for any loss, cost, or damage that results from any period of downtime of the Sites or Services.
9. Modification to Site or Services
Clearbanc reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites or Services with or without notice. We reserve the right to change the Services, including applicable fees, in our sole discretion and from time to time. In such event, if you are a member to the Service, we will provide notice to you. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your use of the Services after you are notified of any change(s) will constitute your agreement to such change(s). You agree that Clearbanc shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Sites or Services.
10. Rights you Grant to Us
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to Clearbanc through the Service, you are licensing that content to Clearbanc solely for the purpose of providing the Service. Clearbanc may use and store the content for the purpose of providing the Service to you. By submitting this content to Clearbanc, you represent that you are entitled to submit it to Clearbanc for use for this purpose, without any obligation by Clearbanc to pay any fees or other limitations.
By using the Service, you expressly authorize Clearbanc to access your Account Information maintained by identified third parties, on your behalf as your agent. Clearbanc will submit information including usernames and passwords that you provide to log you into the site. You hereby authorize and permit Clearbanc to use and store information submitted by you to the Service (such as account passwords and user names) to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which you submit your information. For purposes of these Terms of Service and solely to provide the Account Information to you as part of the Service, you grant Clearbanc a limited power of attorney, and appoint Clearbanc as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN CLEARBANC IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, CLEARBANC IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service.
11. No Unlawful or Prohibited Use
As a condition of your use of the Sites and Services, you represent and warrant to Clearbanc that you will not use the Sites or Services for any purpose that is unlawful or prohibited by these Terms of Service.
You agree that you will not:
- Assign or attempt to assign Virtual Assets that you do not have the complete right, title and interest in or that have already been assigned elsewhere;
- Use the Sites or Services in any manner that could damage, disable, overburden, or impair the Sites or Services; obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites or Services;
- Access the Sites by any means other than through the interface that is provided by Clearbanc for use in accessing the Sites;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site or Services; or attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site or the Service.
If Clearbanc, in its sole discretion, believes that you may have engaged in any activities restricted by these Terms of Service or by law, we may take various actions to protect Clearbanc, other users, and other third parties from fees, fines, penalties, and any other liability. The actions we may take include the following:
- We may close, suspend, or limit your access to your account or ability to use the Sites or Services;
- We may update inaccurate information you provided us;
- We may refuse to allow you to use the Sites or Services in the future;
- We may take legal action against you; and
- We may hold you liable to Clearbanc for the amount of Clearbanc's damages caused by your violation of these Terms of Service.
Clearbanc, in its sole discretion, reserves the right to terminate these Terms of Service, access to its Sites, or access to the Services for any reason and at any time with or without notice to you.
12. Clearbanc's Intellectual Property Rights
All content included or available in connection with the Sites, including any and all materials, information, text, data, contents, names, trade names, trademarks, trade dress, service marks, layout, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, interfaces, databases, technology, and all intellectual property of any kind whatsoever (collectively, the "Content") and the selection and arrangement thereof is owned exclusively by Clearbanc or the licensors or suppliers of Clearbanc and is protected by U.S. and international copyright and other intellectual property laws. All rights are hereby reserved. Without limiting the foregoing, no Content on the Sites may be copied, reproduced, duplicated, published, or distributed in any form or by any means whatsoever without the express prior written permission of Clearbanc or the appropriate licensor or supplier.
Any feedback, questions, comments, suggestions, ideas, or the like that you send to Clearbanc will be treated as being non-confidential and nonproprietary, and Clearbanc will be free to use such information for any purpose whatsoever including developing, manufacturing, and marketing products and services incorporating the information.
13. Disclaimer of Presentation and Warranties
THE SITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT IS OFFERED AND MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. CLEARBANC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITES OR SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES AND SERVICES IS AT YOUR SOLE RISK.
CLEARBANC MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTINUED AVAILABILITY OF THE CONTENT ON THE SITES OR THE SERVICES, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. CLEARBANC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SITES OR SERVICES IS FREE OF BUGS, DEFECTS, OR ERRORS, OR INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT, OR EXPROPRIATE ANY SYSTEM, DATA, OR PERSONAL INFORMATION.
THE SERVICE IS NOT INTENDED TO PROVIDE LEGAL, TAX, OR FINANCIAL ADVICE. CLEARBANC IS NOT A FINANCIAL PLANNER, BROKER, OR TAX ADVISOR. To the extent you use a Service for banking or other financial services, the Service is intended only to assist you in your financial organization and decision-making and is broad in scope. Before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances. Clearbanc does not assume any responsibility for the timeliness, accuracy, deletion, non-delivery, or failure to store Account Information. Any information made available through the Services will only reflect the information that we most recently accessed, and as such, may not reflect activity that occurred after we last accessed the applicable Third Party Site or any pending transactions.
You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. Clearbanc makes commercially reasonable efforts to provide alerts in a timely manner with accurate information, but we cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. Clearbanc shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
14. Limitation of Liability
CLEARBANC SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES YOU MAY INCUR IN CONNECTION WITH THE SITES, THE SERVICES, YOUR USE THEREOF, OR ANY OF THE USER SUBMISSIONS, INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON THE SITES, OR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS, OR LOSSES RESULTING THEREFROM, INCLUDING LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO OR USE OF THE SERVICE, EVEN IF CLEARBANC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS OF SERVICE, CLEARBANC'S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO US$500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTIONS AND THE PREVIOUS SECTION MAY NOT APPLY TO YOU.
15. Indemnification of Clearbanc
You shall defend, indemnify and hold harmless Clearbanc and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorney's fees, in whole or in part arising out of or attributable to any breach of these Terms of Service by you.
16. Governing Law & Forum for Disputes
These Terms of Service, and your relationship with Clearbanc under these Terms of Service, shall be governed by the laws of the State of California without regard to its conflict or choice of laws provisions. Any dispute with Clearbanc, or its officers, directors, employees, agents or affiliates, arising under or in relation to these Terms of Service shall be resolved exclusively through the small-claims court of the Superior Court of California within the county of Santa Clara, California, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Clearbanc may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Clearbanc is able to offer the Service at the terms designated, and that your assent to this provision is an indispensable consideration to these Terms of Service.
You also acknowledge and understand that, with respect to any dispute with Clearbanc, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or these Terms of Service:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
17. Error Resolution
Errors or Questions about TransactionsPlease contact us by emailing us at firstname.lastname@example.org
- If you believe a transaction receipt or a statement is wrong
- If you need more information about a transaction on the receipt or statement.
For consumer accounts, we must hear from you no later than sixty (60) days after we sent you the first statement on which the error or problem appeared.
For business accounts, we must hear from you within one (1) business day of us sending you a receipt.
Your inquiry must include:
- Your name, email associated with your account, and your account number (if available);
- A description of the error or the transaction you are unsure about
- A clear explanation of why you believe there is an error or why you need more information;
- The dollar amount of the suspected error.
If you tell us orally, we may require that you send us your inquiry via email within ten (10) business days.
- Ten-Day Time Period - Clearbanc will investigate promptly and, except as otherwise provided in this paragraph, shall determine whether an error occurred within 10 business days of receiving a notice of error. Clearbanc shall report the results to the consumer in writing within three business days aftercompleting its investigation. Clearbanc shall correct the error within one business day after determining that an error occurred
- Forty Five-Day Time Period - If Clearbanc is unable to complete its investigation within 10 business days, Clearbanc may take up to 45 days from receipt of a notice of error to investigate and determine whether an error occurred, provided Clearbanc does the following:
- Provisionally credits the consumer's account in the amount of the alleged error (including interest where applicable) within 10 business days of receiving the error notice. Clearbac need not provisionally credit the consumer's account if:
- Clearbanc does not receive written confirmation within 10 business days of an oral notice of error; or
- The alleged error involves an account that is subject to Regulation T (Securities Credit by Brokers and Dealers, 12 CFR part 220)
- Informs the consumer, within two business days after the provisional crediting, of the amount and date of the provisional crediting and gives the consumer full use of the funds during the investigation;
- Corrects the error, if any, within one business day after determining that an error occurred; and
- Reports the results to the consumer within three business days after completing its investigation (including, if applicable, notice that a provisional credit has been made final).
- Extension of time periods - The time periods described above may be extended as follows:
- Extension of Ten-Day Time Period - The time limit for resolution is extended to 20 business days in place of 10 business days if the notice of error involves an electronic fund transfer to or from the account within 30 days after the first deposit to the account was made; or
- Extension of Forty Five-Day Time Period - The time limit for resolution is extended to 90 days in place of 45 days for completing an investigation, if a notice of error involves an electronic fund transfer that occurred within 30 days after the first deposit to the account was made.
18. Electronic Funds transferThe following disclosures are made in accordance with the federal law regarding electronic payments, deposits, transfers of funds and other electronic transfers to and from your account(s). There may be limitations on account activity that restrict your ability to make electronic fund transfers. Any such limits are disclosed in the appropriate agreements governing your account.
DefinitionsElectronic Fund Transfer: Any transfer of funds, other than a transactionoriginated by check, draft or similar paper instrument, that is initiated through an electronic device or computer to instruct us to debit or credit an account. Electronic Fund Transfers include such electronic transactions as direct deposits or withdrawals of funds, transfers initiated via telephone, website or mobile application. Preauthorized Electronic Fund Transfer: An Electronic Fund Transfer that you have authorized in advance to recur atsubstantially regular intervals; for example, direct deposits into or withdrawal of funds out of your account.
Your LiabilityAuthorized Transfers: You are liable for all Electronic Fund Transfers that you authorize, whether directly or indirectly. Unauthorized Transfers: Tell us at once if you believe your account or PIN or Access Information (as defined below) is lost or stolen or has been or may be subject to unauthorized Electronic Fund Transfers. Support message us immediately to keep your possible losses to a minimum. You could lose all the money in your account(s). If you tell us within two (2) business days after learning of the loss or theft of your account access device, or after learning of any other unauthorized transfers from your account involving your account access device, you can lose no more than $50 if Electronic Fund Transfers are made without your permission. For these transactions, if you DO NOT tell us within two (2) business days after learning of the loss, theft or unauthorized use, and we can establish that we could have prevented the unauthorized transfer(s) if you had told us in time, you could lose as much as $500. Also, if your periodic account statement shows unauthorized transfers and you DO NOT tell us within sixty (60) days after the statement was delivered to you, you may not get back any money you lose after the sixty (60) day period if we can prove that we could have prevented the unauthorized transfer(s) if you had told us in time. If an extenuating circumstance (such as extended travel or hospitalization) prevents you from promptly notifying us of a suspected lost or stolen access device or of any other suspected unauthorized transfer(s), the time periods specified in this Section B may be extended for a reasonable period.
If any portion of these Terms of Service is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms of Service as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms of Service that is unlawful, void or unenforceable shall be stricken from these Terms of Service.
You agree that if Clearbanc does not exercise or enforce any legal right or remedy which is contained in these Terms of Service (or which Clearbanc has the benefit of under any applicable law), this will not be taken to be a formal waiver of Clearbanc's rights and that those rights or remedies will still be available to Clearbanc.
All covenants, agreements, representations and warranties made in these Terms of Service shall survive your acceptance of these Terms of Service and the termination of these Terms of Service.
These Terms of Service represents the entire understanding and agreement between you and Clearbanc regarding the subject matter of the same, and supersedes all other previous agreements.