ClarityFX.ai Website Terms and Conditions of Use

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND
CONDITIONS BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN
ORDER OVER WWW.CLARITYFX.AI. THESE TERMS CONTAIN DISCLAIMERS OF
WARRANTIES, LIMITATIONS OF LIABILITIES, AND PROVISIONS ON MANDATORY
ARBITRATION GIVING UP YOUR RIGHT TO DISPUTE MATTERS IN COURT (see Sections
13, 14, 15, 16, and 17). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR
AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR
RECORDS.
 
Table of Contents:
 
 

SECTION 1. Acceptance of the Website Terms and Conditions of Use


These website terms and conditions of use for Clarity FX LLC d/b/a Clarity FX constitute a
legal agreement and are entered into by and between you and Clarity FX LLC. (“Company,”
“we,” “us,” “our“). The following terms and conditions, together with any documents and/or
additional terms they expressly incorporate by reference (collectively, these “Terms and
Conditions“), govern your access to and use of, including any content, functionality, and services
offered on or through ClarityFX.ai (the “Website“). The use of the Website which is owned and
maintained by, is governed by the terms and conditions set forth below. We offer the Website,
including all information, tools, and services available from the Website to you, the user,
conditioned upon your acceptance of all terms

BY USING THE WEBSITE OR BY CLICKING TO ACCEPT THE TERMS AND
CONDITIONS, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH
THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND
CONDITIONS, YOU MUST NOT ACCESS OR USE THE WEBSITE.

By using this Website, you represent and warrant that you are of the legal age of majority under
applicable law to form a binding contract with the Company and meet all of the foregoing
eligibility requirements. If you do not meet all of these requirements, you must not access or use
the Website.


SECTION 2. Modifications to the Terms and Conditions and to the Website


We reserve the right in our sole discretion to revise and update these terms and conditions from
time to time. Any and all such modifications are effective immediately upon posting and apply to
all access to and continued use of the Website. You agree to periodically review the terms and
conditions in order to be aware of any such modifications and your continued use shall be your
acceptance of these.

You can review the most current version of the Terms at any time at www.clarityfx.ai under the
“Terms of Use” link. We reserve the right, at our sole discretion, to update, change, replace,
withdraw, or terminate any part of the Agreement, including the Privacy Policy by posting updates
and changes to our Website. It is your responsibility to check our Website periodically for changes.  
Your continued use of or access to our Website following the posting of any changes to the
Agreement constitutes acceptance of those changes.
 

SECTION 3. Your Use of the Website and Account Set–Up and Security


The security of your personal information is very important to us. We use physical, electronic, and
administrative measures designed to secure your personal information from accidental loss and
from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Users are responsible for
obtaining their own access to the Website. Users are required to ensure that all persons who access
the Website through a user’s internet connection are aware of these Terms and Conditions and
comply with them. The Website, including content or areas of the Website, may require user
registration. It is a condition of your use of the Website that all the information you provide on the
Website is correct, current, and complete.

Unfortunately, the transmission of information via the Internet is not completely secure. Although
we do our best to protect your personal information, we cannot guarantee the security of your
personal information transmitted to our Website. Any transmission of personal information is at
your own risk. We are not responsible for circumvention of any privacy settings or security
measures contained on the Website.

Your provision of registration information and any submissions you make to the Website through
any functionality such as applications, chat rooms, e–mail, message boards, personal, or interest
group web pages, profiles, forums, bulletin boards, and other such functions (collectively,
“Interactive Functions“) constitutes your consent to all actions we take with respect to such
information consistent.

Any username, password, or any other piece of information chosen by you, or provided to you as
part of our security procedures, must be treated as confidential, and you must not disclose it to any
other person or entity. You must exercise caution when accessing your account from a public or
shared computer so that others are not able to view or record your password or other personal
information. You understand and agree that should you be provided an account, your account is
personal to you and you agree not to provide any other person with access to this Website or
portions of it using your username, password, or other security information. You agree to notify us
immediately of any unauthorized access to or use of your username or password or any other
breach of security. You also agree to ensure that you logout from your account at the end of each
session. You are responsible for any password misuse or any unauthorized access.

We reserve the right at any time and from time to time, to disable or terminate your account, any
username, password, or other identifier, whether chosen by you or provided by us, in our sole
discretion for any or no reason, including any violation of any provision of these Terms and
Conditions.

You are prohibited from attempting to circumvent and from violating the security of this Website,
including, without limitation: (a) accessing content and data that is not intended for you; (b)
attempting to breach or breaching the security and/or authentication measures which are not
authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d)  
illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise
disrupting Website owner’s ability to monitor the Website; (f) using any robot, spider, or other
automatic device, process, or means to access the Website for any purpose, including monitoring
or copying any of the material on the Website; (g) introducing any viruses, trojan horses, worms,
logic bombs, or other material that is malicious or technologically harmful; (h) attacking the
Website via a denial–of–service attack, distributed denial–of–service attack, flooding, mailbombing,
or crashing; and (i) otherwise attempting to interfere with the proper working of the Website.
 

SECTION 4. Intellectual Property Rights and Ownership


You understand and agree that the Website and its entire contents, features, and functionality,
including, but not limited to, all information, software, code, data text, displays, graphics,
photographs, images, video, audio, music, broadcast, design, presentation, website layout,
selection, and arrangement, are owned by the Company, its licensors, or other providers of such
material and are protected in all forms by intellectual property laws including, without limitation,
copyright, trademark, patent, trade secret, and any other proprietary rights.

The Company name, the Company logo, and all related names, logos, product and service names,
designs, images, and slogans are trademarks of the Company or its affiliates or licensors. You must
not use such marks without the prior written permission of the Company. Other names, logos,
product and service names, designs, images, and slogans mentioned, or which appear on this
Website are the trademarks of their respective owners. Use of any such property, except as
expressly authorized, shall constitute an infringement or violation of the rights of the property
owner and may be a violation of federal or other laws and could subject the infringer to legal
action.

You may only use the Website for your personal and non–commercial use. You shall not directly
or indirectly reproduce, compile for an internal database, distribute, modify, create derivative
works of, publicly display, publicly perform, republish, download, store, or transmit any of the
material on our Website, in any form or medium whatsoever except:

(a) your computer and browser may temporarily store or cache copies of materials
being accessed and viewed;

(b) a reasonable number of copies for personal use only may be printed keeping any
proprietary notices thereon, which may only be used for non–commercial and lawful
personal use and not for further reproduction, publication, or distribution of any kind on
any medium whatsoever;

(c) one single user copy may be downloaded with any proprietary notices intact, for
your own personal, non–commercial use, conditional on your agreement to be bound by
our end user license agreement for such downloads;

(d) in the event social media platforms are linked to certain content on our Website,
you may take such actions as our Website and such third–party social media platforms
permit.  
 
Users are not permitted to modify copies of any materials from this Website nor delete or alter any
copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services
or materials available through the Website.

If you print off, copy, or download any part of our Website in breach of these Terms and Conditions,
your right to use the Website will cease immediately and you must, at our option, return or destroy
any copies of the materials you have made. You have no right, title, or interest in or to the Website
or to any content on the Website, and all rights not expressly granted are reserved by the Company.
Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these
Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual
property or other proprietary laws.
 

SECTION 5. Conditions of Use and User Submissions and Site Content Standards


As a condition of your access and use of the Website, you agree that you may use the Website only
for lawful purposes and in accordance with these Terms and Conditions.

The following site content standards apply to any and all content, material, and information a user
submits, posts, publishes, displays, or transmits (collectively, “submit“) to the website or to other
users or persons (collectively, “User Submissions“) and any and all Interactive Functions. Any
and all User Submissions must also comply with all applicable federal, provincial, local, and
international laws, regulations, and terms of service.

Without limiting the foregoing, you warrant and agree that your use of the Website and any User
Submissions shall not:

(a) In any manner violate any applicable federal, provincial, local, or international law
or regulation including, without limitation, any laws regarding the export of data or
software, patent, trademark, trade secret, copyright, or other intellectual property, legal
rights (including the rights of publicity and privacy of others) or contain any material that
could give rise to any civil or criminal liability under applicable laws or regulations or that
otherwise may be in conflict with these Terms and Conditions.

(b) In any manner violate the terms of use of any third–party website that is linked to
the Website, including but not limited to, any third–party social media website.

(c) Include or contain any material that is exploitive, obscene, harmful, threatening,
abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent,
inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual
orientation, or age or other such legally prohibited ground or be otherwise objectionable,
such determination to be made in Company’s sole discretion.
 
(d) Involve stalking, attempting to exploit or harm any individual (including minors)
in any way by exposing them to inappropriate content or otherwise or ask for personal
information as prohibited under applicable laws, regulations, or code.
 
(e) Involve, provide, or contribute any false, inaccurate, or misleading information.  
 
(f) Include sending, knowingly receiving, uploading, downloading, using, or reusing
any material that does not comply with the Conditions of Use and User Submissions and
Site Content Standards.
 
(g) Impersonate or attempt to impersonate the Company, a Company employee,
another user, or any other person or entity including, without limitation, by using email
addresses or screen names associated with any of the foregoing.
 
(h) Transmit, or procure the sending of, any advertisements or promotions without our
prior written consent, sales, or encourage any other commercial activities, including,
without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other
sales promotions, barter, or advertising or any other similar solicitation.
 
(i) Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of
the Website, or which, as determined by us, may harm the Company or users of the Website
or expose them to liability.
 
(j) Cause annoyance, inconvenience, or needless anxiety or be likely to upset,
embarrass, or alarm any other person.
 
(k) Promote any illegal activity, or advocate, promote, or assist any unlawful act.
 
(l) Give the impression that they originate from or are endorsed by us or any other
person or entity, if this is not the case.
 

SECTION 6. User Submissions: Grant of License


The Website may contain Interactive Functions allowing User Submissions on or through the
Website.

None of the User Submissions you submit to the Website will be subject to any confidentiality by
the Company. By providing any User Submission to the Website, you grant us and our affiliates
and service providers, and each of their and our respective licensees, successors, and assigns the
right to a world–wide, royalty free, perpetual, irrevocable, non–exclusive license to use, reproduce,
modify, perform, display, distribute, and otherwise disclose to third parties any such material for
any purpose and according to your account settings and/or incorporate such material into any form,
medium or technology throughout the world without compensation to you. You further waive any
moral rights or other rights of authorship as a condition of submitting any User Submission.
By submitting the User Submissions, you declare and warrant that you own or have the necessary
rights to submit the User Submissions and have the right to grant the license hereof to us and our
affiliates and service providers, and each of their and our respective licensees, successors, and
assigns to the User Submissions and comply with these Terms and Conditions. You represent and
warrant that all User Submissions comply with applicable laws and regulations and the Conditions
of Use and User Submissions, and Site Content Standards set out in these Terms and Conditions.
You understand and agree that you, not the Company nor Company’s parent, subsidiaries, affiliates
nor their respective directors, officers, employees, agents, service providers, contractors, licensors,  
suppliers, or successors, are fully responsible for any User Submissions you submit or contribute,
and you are fully responsible and legally liable, including to any third party, for such content and
its accuracy. We are not responsible or legally liable to any third party for the content or accuracy
of any User Submissions submitted by you or any other user of the Website.
 

SECTION 7. Site Monitoring and Enforcement, Suspension, and Termination


Company has the right, without provision of notice to:

• Remove or refuse to post on the Website any User Submissions for any or no reason in our
sole discretion.
• At all times, take such actions with respect to any User Submission deemed necessary or
appropriate in our sole discretion, including, without limitation, for violating these Terms
and Conditions.
• Take appropriate legal action, including, without limitation, referral to law enforcement or
regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the
Website. Without limiting the foregoing, we have the right to fully cooperate with any law
enforcement authorities or court order requesting or directing us to disclose the identity or
other information of anyone posting any materials on or through the Website.
• Terminate or suspend your access to all or part of the Website for any or no reason,
including, without limitation, any violation of these Terms and Conditions.

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS PARENT,
SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS,
LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS
RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE
FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE
COMPANY OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

We have no obligation, nor any responsibility to any party to monitor the Website or its use, and
do not and cannot undertake to review material that you or other users submit to the Website. We
cannot ensure prompt removal of objectionable material after it has been posted and we have no
liability for any action or inaction regarding transmissions, communications, or content provided
by any user or third party, subject to applicable laws.
 

SECTION 8. No Reliance


The content on our Website is provided for general information purposes only. It is not intended to
amount to advice on which you should rely. You must obtain more specific or professional advice
before taking, or refraining from, any action or inaction on the basis of the content on our site.
Although we make reasonable efforts to update the information on our Website, we make no
representations, warranties, or guarantees, whether express or implied, that the content on our
Website is accurate, complete, or up to date. Your use of the Website is at your own risk and neither
the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers,  
employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors
have any responsibility or liability whatsoever for your use of this Website.

This Website may include content provided by third parties, including from other users and third–
party licensors. All statements and/or opinions expressed in any such third–party content, other
than the content provided by the Company, are solely the opinions and the responsibility of the
person or entity providing those materials. Such materials do not necessarily reflect the opinion of
the Company. Neither the Company nor its parent, subsidiaries, affiliates, and their respective
directors, officers, employees, agents, service providers, contractors, licensors, licensees,
suppliers, or successors have any responsibility or liability whatsoever to you, or any third party,
for the content or accuracy of any third–party materials.
 

SECTION 9. Privacy


By submitting your personal information and using our Website, you consent to the collection, use,
reproduction, hosting, transmission, and disclosure of any such user content submissions, as we
deem necessary for use of the Website and provision of services.

By using this Website you are consenting to the use of cookies which allow a server to recall
previous requests or registration and/or IP addresses to analyze website use patterns. You can set
your browser to notify you before you receive a cookie, giving you the chance to decide whether
to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of
the Website may not function adequately.
 

SECTION 10. Third–Party Websites


For your convenience, this Website may provide links or pointers to third–party sites. We make no
representations about any other websites that may be accessed from this Website. If you choose to
access any such sites, you do so at your own risk. We have no control over the contents of any
such third–party sites and accept no responsibility for such sites or for any loss or damage that may
arise from your use of them. You are subject to any terms and conditions of such third–party sites.
Such links to third–party sites from the Website may include links to certain social media features
that enable you to link or transmit on your own or using certain third–party websites, certain content
from this Website. You may only use these features when they are provided by us and solely with
respect to the content identified.

You may link to our homepage, provided you do so in a way that is fair and legal and does not
damage our reputation or take advantage of it. You must not establish a link in such a way as to
suggest any form of association, approval, or endorsement on our part where none exists. Our
Website must not be framed on any other site, nor may you create a link to any part of our Website
other than the homepage. We reserve the right to withdraw linking permission without notice. The
website in which you are linking must comply in all respects with the Conditions of Use and User
Submissions and Site Content Standards. You agree to cooperate with us in causing any
unauthorized framing or linking to immediately stop.
 

SECTION 11. Online Purchases 

 
All orders, purchases or transactions for the sale of goods or services or information made using
this Website are subject to the terms and conditions.
 

SECTION 12. Geographic Restrictions


The owner of the Website is based in the United States. This Website is not intended for use in any
jurisdiction where its use is not permitted. If you access the Website from outside the United States,
you do so at your own risk and you are responsible for compliance with local laws of your
jurisdiction.
 

SECTION 13. Disclaimer of Warranties


YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT,
AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT
YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS
FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND
“AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY
KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON–INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY
WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR
RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS,
CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY
WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE
COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY,
OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE
FOREGOING, NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES
OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE
PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS
REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR
ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE,
RELIABLE, ERROR–FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE
CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA
AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE
FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND
ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER,
INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE
WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL–OF–SERVICE
ATTACK, DISTRIBUTED DENIAL–OF–SERVICE ATTACK, OVERLOADING, FLOODING,
MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS,
OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR
COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY  
MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND
OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY
MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
 

SECTION 14. Limitation on Liability


EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO
CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES
OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE
PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS
BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT
MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER
ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO,
PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF
REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS
OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT,
BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY
WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN
CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE
WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD–PARTY WEBSITES, NOR
ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON.
 

SECTION 15. Indemnification


To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold
harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers,
employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns
from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or
fees including reasonable legal fees arising out of or relating to your breach of these Terms and
Conditions or your use of the Website, including, but not limited to, your User Submissions, third–
party sites, any use of the Website’s content, services, and products other than as expressly
authorized in these Terms and Conditions.
 

SECTION 16. Dispute Resolution by Mandatory Binding Arbitration and Class Action
Waiver and Equitable Relief


The Website and these Terms and Conditions will be governed by and construed in accordance
with the laws of the State of New Jersey, without giving effect to any choice or conflict of law
provision, principle, or rule and notwithstanding your domicile, residence, or physical location.
Any controversy or claim arising out of or related to the use of the Website, any product, service,
or software, these Terms, the Privacy Policy, any affiliate agreement, or your relationship with us
that cannot be resolved through such informal process or through negotiation within 120 days shall
be resolved by binding, confidential arbitration administered by the American Arbitration
Association (“AAA”), and judgment on the award rendered may be entered in a court within the
jurisdiction of the State of New Jersey. The arbitration will be conducted by a single neutral
arbitrator in the English language in State of New Jersey unless we both agree to conduct the
arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of
the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The
arbitration will be conducted in accordance with the provisions of the AAA’s Commercial
Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration.
The AAA’s Rules are available at www.adr.org or by calling 1–800–778–7879. The arbitrator shall
have the exclusive and sole authority to resolve any dispute relating to the interpretation,
construction, validity, applicability, or enforceability of these Terms and Conditions of Use and
Sale, the Privacy Policy, this arbitration provision, and any other terms incorporated by reference
into these Terms and Conditions of Use. The arbitrator shall have the exclusive and sole authority
to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole
authority to determine whether this arbitration agreement can be enforced against a non–signatory
to this agreement and whether a non–signatory to this agreement can enforce this provision against
you or Clarity FX.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In
all other respects, the parties shall each pay their own additional fees, costs, and expenses,
including, but not limited to, those for any attorneys, experts, documents, and witnesses. The
arbitrator shall follow the substantive law of the State of New Jersey without regard to its conflicts
of laws principles. Any award rendered shall include a confidential written opinion and shall be
final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1–16, as amended. Judgment
on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You
and Clarity FX agree that disputes will only be arbitrated on an individual basis and shall not be
consolidated, on a class wide, representative basis, or with any other arbitration(s) or other
proceedings that involve any claim or controversy of any other party. You and Clarity FX expressly
waive any right to pursue any class or other representative action against each other.

Failure or any delay in enforcing this arbitration provision in connection with any particular claim
will not constitute a waiver of any rights to require arbitration at a later time or in connection with
any other claims except that all claims must be brought within 1 year after the claim arises (the 1
year period includes the 120–day informal resolution procedures described above). This arbitration
provision sets forth the terms and conditions of our agreement to final and binding confidential
arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1–
16, as amended. This provision survives termination of your account or relationship with Clarity
FX, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e.,
unenforceability would allow arbitration to proceed as a class or representative action), then this
entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this
arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining
portions of this arbitration provision shall remain in full force and effect.

In order to prevent or limit irreparable injury to Clarity FX, in the event of any breach or threatened
breach by you of the provisions of these Terms or any infringement or threatened infringement by
you of the intellectual property of Clarity FX or a third–party, Clarity FX shall be entitled to seek
a temporary restraining order and preliminary and permanent injunctions or other equitable relief
from a court of competent jurisdiction located in the State of New Jersey restraining such breach,
threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be
construed as prohibiting Clarity FX from pursuing in court any other remedies available to it for
such breach, threatened breach, infringement, or threatened infringement, including the recovery
of monetary damages from you and your business. You and your business hereby irrevocably
consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of the State of
New Jersey for all such claims, and forever waive any challenge to said courts’ exclusive
jurisdiction or venue

YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT
TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE,
AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU
UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND
ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN
ACCORDANCE WITH THIS ARBITRATION PROVISION.
 

SECTION 17. Waiver


No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from
these Terms and Conditions operates, or may be construed, as a waiver thereof; and no single or
partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further
exercise thereof or the exercise of any other right, remedy, power, or privilege.
 

SECTION 18. Force Majeure


Clarity FX will not be responsible to you for any delay, damage, or failure caused or occasioned
by any act of nature or other causes beyond our reasonable control.
 

SECTION 19. Severability


If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any
jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or
provision of these Terms and Conditions or invalidate or render unenforceable such term or
provision in any other jurisdiction.
 

SECTION 20. Payment


Customers are required to complete their payment for our services at the time of purchase. We do
not offer a refund policy for our services.
 

SECTION 21. Entire Agreement


The Terms and Conditions constitute the sole and entire agreement between you and Clarity FX
LLC. regarding the Website and supersedes all prior and contemporaneous understandings,
agreements, representations and warranties, both written and oral, regarding such subject matter.
 

SECTION 22. Reporting and Contact


This website is operated by Clarity FX LLC.
 
Should you become aware of misuse of the website including libelous or defamatory conduct, you
must report it to the Company at [email protected].

If you believe that your intellectual property rights have been infringed, please send notice to the
address below. We may delete or disable content alleged to be infringing and may terminate
accounts of repeat infringers.

Written claims concerning copyright infringement must include the following information:

• A physical or electronic signature of the person authorized to act on behalf of the owner of
the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site;
• Your address, telephone number, and e–mail address;
• A statement by you that you have a good–faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your
notice is accurate and that you are the copyright owner or authorized to act on the copyright
owner’s behalf.

All other legal related claims or issues should be sent to Clarity FX, Attention Legal Department,
4105 US–1 South, Suite 2, Monmouth Junction, NJ 08852, or by e–mail to [email protected].
All other feedback, comments, requests for technical support, and other communications relating
to the Website should be directed to [email protected].
 
DATE: October 17, 2023