Terms of Service

By using the WithClutch Inc website, you are agreeing to the following Terms of Use:

 

Thank you for using the Clutch loan application and insurance comparison tool, which is made available by WithClutch, Inc. (“Clutch”) through the www.withclutch.com website (the “Platform”). The Platform allows users to provide information that (i) banks, mortgage companies, and other lenders (“Financial Services Providers”) use to process loan applications and offer other financial services to you; and (ii) insurance companies (“Insurance Services Providers”, and collectively with Financial Services Providers, “Providers”) process insurance applications and offer other insurance services to you. These Terms of Service (“Agreement”) govern your browsing, viewing and other use of the Platform. For purposes of this Agreement, “you” and “your” mean the Platform account creator, authorized signer, authorized representative, delegate, and/or other authorized Platform user, including co-applicant.


CLUTCH IS NOT A LENDER OR LOAN BROKER, AND DOES NOT MAKE LENDING OR CREDIT DECISIONS ON BEHALF OF FINANCIAL SERVICES PROVIDERS. CLUTCH IS NOT AN INSURANCE PROVIDER, AND DOES NOT MAKE INSURANCE DECISIONS ON BEHALF OF INSURANCE SERVICES PROVIDERS. THE PLATFORM DOES NOT CONSTITUTE AN OFFER OR SOLICITATION TO LEND OR PROVIDE INSURANCE.


Please read this Agreement carefully, as it (among other things) provides in Section 13 that you and Clutch will arbitrate certain claims instead of going to court and that you will not bring class action claims against Clutch. Please only create a Platform account or otherwise use the Platform if you agree to be legally bound by all terms and conditions herein. Your acceptance of this Agreement creates a legally binding contract between you and Clutch. If you do not agree with any aspect of this Agreement, then do not create a Platform account or otherwise use the Platform.


If you are viewing this on your mobile device, you can also view this Agreement via a web browser on your computer at https://www.withclutch.com/terms-of-service.


Joint Applicants. If you are using the Platform with another person to apply jointly for insurance, a loan or other financial services product, you and your co-applicant may choose to provide information for your application using a single joint account or multiple individual Platform account(s). If joint applicants choose to utilize a single Platform account, they will have access to all information supplied by Platform account users to complete that application. Such joint applicants will have the ability to view, print, transmit, save, and/or edit the information. Access may continue for as long as the joint applicants utilize the single Platform account in connection with the application process.


Note for Children. Use of the Platform by anyone under the age of 21 is prohibited. By using the Platform, you represent and warrant that are you at least 21 years of age.


Privacy Policy. Clutch’s Privacy Policy, at https://www.withclutch.com/privacy-policy (the “Privacy Policy”), describes the collection, use and disclosure of data and information by Clutch in connection with the Platform. The Privacy Policy, as may be updated by Clutch from time to time in accordance with its terms, is hereby incorporated into this Agreement, and you hereby agree to the collection, use and disclose practices set forth therein.


Restrictions. You expressly agree that if you are located in any member state that is part of the European Economic Area or any member state that has adopted the General Data Protection Regulation, you are not permitted to use the Platform and you are not permitted to provide any personal data to us.


1.  How it Works. The Platform allows users to provide information that Providers use to process loan and insurance applications and offer other financial services to you. 


2.  Account Registration and Use.


2.1  Account Registration and Confidentiality. You may be required to sign up for a Clutch Platform account and to provide information such as your phone number  and email address for creating and authenticating a Platform account (“Clutch Account Credentials”). If so, you agree to provide us with Clutch Account Credentials that are accurate, complete, and current. You may not use an email address or other identifier that you do not have the right to use, or another person’s email address or other identifier. In addition, you agree that you will protect the security of your Platform account, and that you will not share your Platform account with anyone unless you are using the Platform jointly with co-applicant to apply for a financial or insurance services product.


2.2  Unauthorized Account Use. You are responsible for any activity associated with your Platform account, and for notifying us at refi@withclutch.com if you become aware of any unauthorized access to your Platform account. We reserve the right to disable any user account with a profile which we believe (in our sole discretion) is false or misleading (including a profile that impersonates a third party). You understand and agree that we may require you to provide information to confirm your identity and help ensure the security of your Platform account. Clutch will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your account, as a result of your use or misuse, with or without your knowledge, and regardless of whether you have or have not advised us of such unauthorized use. In such case, you will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by Clutch or a third party due to someone else’s use of your Platform account.


2.3  User Acknowledgment. Clutch is not involved with, and is not responsible for, any fee arrangement that you may enter into with any Provider. You acknowledge and agree to this compensation arrangement. Except where prohibited by law, Clutch will not be liable for any losses, costs, damages, or claims in connection with, arising from or related to your use of a Provider's products or services, including any fees charged by a Provider.


3.  Services.


3.1  Authorization to Retrieve and Use Information You Provide.


(a) Submitted Information. By providing information about yourself, including Clutch Account Credentials and third-party account credentials such as usernames, passwords, PINs, and other log-in information (“Submitted Information"), you are licensing such Submitted Information to Clutch and our agents for the purpose of operating the Platform. You represent that you are entitled to provide the Submitted Information to Clutch to use for the purpose of operating the Platform, without any obligation by Clutch to pay any fees or be subject to any restrictions or limitations. You hereby authorize and permit Clutch to use and store the Submitted Information for the purpose of operating the Platform, including configuring the Platform to be compatible with third-party websites that enable Clutch to operating the Platform. Clutch will store the Submitted Information in encrypted form, and will use the Submitted Information in accordance with this Agreement and our Privacy Policy.


(b) Account Information. Where available, for the purpose of completing your application, Clutch and its agents may access and retrieve, or enable you to initiate access to and retrieval of, account information and other data and documents (“Account Information”) from online accounts at third parties, including the DMV’s Motor Vehicle Records, financial institutions, investing platforms, payroll providers, and tax preparation platforms, among others, in accordance with our Privacy Policy. This information may also include credit documentation and other information for verifying and/or re-verifying your assets, income, and employment. When available, Account Information may be prepopulated in the Platform. Please note that when displayed through the Services, Account Information does not represent an official record of your accounts with third parties. Account Information is only as recent as the time shown, and Clutch does not have an obligation to keep such data up-to-date at all times. Account Information may be more up-to-date when obtained directly from the relevant third-party sites. Clutch may also store Account Information and use the Submitted Information to update and maintain Account Information for future use.


(c) Recipients of Submitted Information and Account Information. As part of the Platform, we also transmit Submitted Information and Account Information to your Providers, relevant parties specifically authorized to receive the information on behalf of the Providers, and potentially your Providers’ successors-in-interest. By using the Platform, you expressly authorize Clutch and our agents to access, retrieve, and transmit Submitted Information and Account Information as part of the Platform, on your behalf, and as your agent.


(d) Credit Inquiries. You are hereby providing "written instructions" to Clutch under the Fair Credit Reporting Act authorizing Clutch to obtain information from your personal credit profile to pre-qualify you for credit and solicit an offer to finance your loan from Financial Services Providers. This will NOT impact your credit score. However, should you decide to go through with a loan application, you also provide “written instructions” authorizing Clutch and/or other Financial Services Providers to conduct a hard credit inquiry in order to evaluate your application, which may affect your credit score. You are furthermore providing "written consent" to Clutch, as applicable, under the Driver's Privacy Protection Act authorizing Clutch to verify that the vehicle you submit through the Platform is titled to your name. You consent to the sharing of the information you have provided in the application and any credit reports obtained by Clutch with applicable Financial Services Providers. You understand that Financial Services Providers may keep your loan request information and any other information provided by Clutch or received by them in the processing of your loan request, whether or not you are qualified for a loan with them or if you make a loan with them.


(e) Payoff Letters. You hereby consent and agree that Clutch may obtain your loan payoff information from your current lender to use for purposes of servicing your activities through the Platform.


(f) Power of Attorney. As part of these Terms and solely for the purpose of providing the Platform, you grant Clutch and our agents a limited power of attorney, and appoint Clutch and our agents as your attorney-in-fact and agent, to access third-party websites, use Submitted Information you provide, and retrieve Account Information, with the full power and authority to do and perform each task necessary in connection with such activities as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN CLUTCH AND ITS AGENTS ARE ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD-PARTY WEBSITES, CLUTCH AND ITS AGENTS ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD-PARTY WEBSITE. Clutch cannot always foresee or anticipate technical or other difficulties that may result in failure to obtain data or in loss of data. Further, Clutch does not assume responsibility for the timeliness, accuracy, deletion, or non-delivery of, or failure to store, any data.


(g) Right to Provide Submitted Information and Account Information. You represent and warrant to us that you have all rights to the Submitted Information and Account Information that you provide to us via the Platform. You are responsible for the accuracy and completeness of the Submitted Information and Account Information. You, and not Clutch, are liable in the event that such Submitted Information and/or Account Information is not accurate or complete. You agree that you will indemnify, defend, and hold harmless Clutch for all claims resulting from your unauthorized access to Submitted Information and Account Information, or for any inaccurate or incomplete Submitted Information and/or Account Information. Clutch reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.


(h) Providers. Clutch provides a tool to help you submit applications, estimates, quotes, and certain other information related to third-party products and Providers. Clutch is not responsible for either the availability of these Providers or their offerings, including for any loans, insurance policies, or other products or services you may obtain by contacting any of them as a result of your use of the Platform. We make no guarantees regarding the quotes, fees, terms, rates, coverage, or services offered or made available by Providers. Clutch does not guarantee that quotes, fees, terms, rates, coverage, or services offered by Providers are the best available. Clutch does not necessarily validate or investigate the licensing, certification, or other requirements and qualifications of Providers. It is your responsibility to investigate Providers. You acknowledge and agree that Providers are solely responsible for any loans, insurance policies, or other products or services that they may offer or provide to you and that Clutch shall not be liable for any losses, costs, damages or claims in connection with, arising from or related to your use of a Provider's products or services. Clutch always recommends getting the advice of financial advisors, insurance agents, brokers, or other qualified professionals who are fully aware of your individual circumstances before you make any loan or insurance decisions. You acknowledge and agree that you rely solely on your own judgment and that of your advisors in selecting any products or services offered by Providers.


3.2  Phone Calls; SMS Messages. You agree that Clutch, or Clutch's authorized representatives, may call and/or send text messages (including by using equipment to automatically dial telephone numbers) to the number you provided when you registered and/or have otherwise provided to use in connection with the Platform for purposes of responding to your interest in a refinance, for marketing/sales purposes, or for any other servicing or informational purpose related to your account.


3.3  Licenses


(a) Your License. Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access and use the Platform only for your own internal, personal, or non-commercial use, and only in a manner that complies with all local, state, national, and foreign laws, treaties, regulations, and other legal requirements that apply to you or your use of the Platform, including those relating to data security and data privacy. If your use of the Platform is prohibited by applicable law, then you do not have authorization to use the Platform. 


(b) License You Grant Clutch. Anything you upload, share, store, or otherwise provide, or that we obtain from third parties when acting as your agent, including Submitted Information and Account Information, is content that you provide. You hereby grant Clutch a license to translate, modify (for technical purposes, such as making your content viewable on a mobile device as well as a computer), reproduce, and otherwise act with respect to such content, in each case to enable us to enhance the operation of the Platform, or to provide products or services to you through or in connection with the Platform. You also grant Clutch a license to aggregate and/or de-identify the information you provide, which Clutch may use for improving the Platform and developing business analytics, as discussed in our Privacy Policy. This is a license only; your ownership in the content you provide is not affected. You agree that the licenses you grant are royalty-free, perpetual, sub-licensable, irrevocable, and worldwide. 


3.4  Restricted Activities. You agree not to use the Platform in relation to any activities associated with or in connection with: (i) any violation of any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); or (ii) any activity that we deem, in our sole discretion, may be associated with a high level of risk, may create liability for us or may cause us to lose the services of any of our third party service providers. 


3.5  Legal Compliance. You acknowledge, consent, and agree that Clutch may access, preserve, and disclose content you provide us if required to do so by law or in a good faith belief that such access, preservation, or disclosure is permitted by our Privacy Policy or reasonably necessary or appropriate for any of the following reasons: (1) to comply with legal process (e.g., a subpoena, court order, or warrant); (2) to enforce this Agreement; (3) to respond to claims that any content violates the rights of third parties; (4) to protect the rights, property, or personal safety of Clutch, our agents and affiliates, our users, or the public; or (5) to address your requests.


3.6  Clutch is not a Professional Advisor. Clutch is not in the business of providing professional services or legal, tax, or other advice through or relating to this Platform. Please consult your Providers and/or professional advisors with questions relating to your use of the Platform.


4.  Representations and Warranties. You represent, warrant and covenant that, in connection with this Agreement and the Platform, you will not and will not attempt to: (i) violate any laws, third party rights or our applicable policies; (ii) re-join or attempt to use the Platform if Clutch has banned or suspended you; (iii) defraud Clutch or any other person or entity; or (v) use another user’s account or allow another person to use your user account. Any illegal activities undertaken in connection with the Platform may be referred to the authorities.


5.  Ownership; Proprietary Rights. As between you and Clutch, Clutch owns all worldwide right, title and interest, including all intellectual property and other proprietary rights, in and to the Platform and all usage and other data generated or collected in connection with the use thereof (the “Clutch Materials”). Except for as expressly set forth herein, you agree not to license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized use of the Clutch Materials. You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, algorithm or programs underlying the Clutch Materials. Clutch reserves the right to modify or discontinue the Platform or any version(s) thereof at any time in its sole discretion, with or without notice.


6.  Third Party Sites. The Platform may include advertisements or other links that allow you to access web sites or other online services that are owned and operated by third parties. You acknowledge and agree that Clutch is not responsible and shall have no liability for the content of such third party sites and services, products or services made available through them, or your use of or interaction with them.


7.  Prohibited Uses. As a condition of your use of the Platform, you will not use the Platform for any purpose that is unlawful or prohibited by this Agreement. You may not use the Platform in any manner that in our sole discretion could damage, disable, overburden, impair or interfere with any other party’s use of it. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Platform. You agree not to scrape or otherwise use automated means to access or gather information from the Platform, and agree not to bypass any robot exclusion measures we may put into place.


8.  Additional Terms. When you use certain features or materials on the Platform, or participate in a particular promotion, event or contest through the Platform, such use or participation may be subject to additional terms and conditions posted on the Platform. Such additional terms and conditions are hereby incorporated within this Agreement, and you agree to comply with such additional terms and conditions with respect to such use or participation.


9.  Termination. You may terminate this Agreement at any time, for any reason or for no reason, by deleting your Platform account by contacting us at [refi@withclutch.com]. You agree that Clutch, in its sole discretion and for any or no reason, may terminate this Agreement, your account or your use of the Platform, at any time and without notice. Clutch may also in its sole discretion and at any time discontinue providing the Platform, or any part thereof, with or without notice. You agree that Clutch shall not be liable to you or any third-party for any such termination. Sections 2.2, 2.3, 3.1, 3.3(b), 3.4, 3.5, 3.6 and 4-14 (inclusive) will survive any termination of this Agreement.


10.  Disclaimers; No Warranties. THE PLATFORM AND ANY CHANNELS, MEDIA, INFORMATION OR OTHER MATERIALS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PLATFORM ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CLUTCH AND ITS LICENSORS, SERVICE PROVIDERS AND PARTNERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. CLUTCH AND ITS LICENSORS, SERVICE PROVIDERS AND PARTNERS DO NOT WARRANT THAT THE FEATURES AND FUNCTIONALITY OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVERS THAT MAKE AVAILABLE THE FEATURES AND FUNCTIONALITY THEREOF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF PRODUCTS OR SERVICES OFFERED, PURCHASED OR RECEIVED IN CONNECTION WITH THE PLATFORM. PRODUCTS AND SERVICES OFFERED, PURCHASED OR RECEIVED (WHETHER OR NOT FOLLOWING SUCH RECOMMENDATIONS AND SUGGESTIONS) IN CONNECTION WITH THE PLATFORM ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND FROM CLUTCH OR OTHERS (UNLESS, WITH RESPECT TO SUCH OTHERS ONLY, PROVIDED EXPRESSLY AND UNAMBIGUOUSLY IN WRITING BY A DESIGNATED THIRD PARTY FOR A SPECIFIC PRODUCT OR SERVICE). CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.


ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PLATFORM IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, SOFTWARE, TECHNOLOGY, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CLUTCH OR THROUGH OR FROM THE PLATFORM SHALL CREATE ANY WARRANTY.
CLUTCH MAKES NO REPRESENTATION, WARRANTY, GUARANTEE, OR PROMISE THAT THE PRODUCTS, SERVICES, OR PLATFORM WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS. DECISIONS MADE BY PROVIDERS AND OTHERS AS A RESULT OF THE INFORMATION COMPILED FROM AND ABOUT YOU THROUGH THE PLATFORM ARE THE SOLE RESPONSIBILITY OF SUCH PROVIDERS AND OTHERS, AND ARE SUBJECT TO THE TERMS AND CONDITIONS OF SUCH PROVIDERS AND OTHERS.


11.  Indemnification. You agree to indemnify and hold Clutch and its affiliated companies, and each of their officers, directors, employees, contractors, attorneys and agents, harmless from any claims, losses, damages, liabilities, costs and expenses, including reasonable attorney’s fees (any of the foregoing, a “Claim”), arising out of or relating to your use or misuse of the Platform, any content submitted to or through the Platform by your or using your credentials, including without limitation Submitted Information and Account Information, your breach of this Agreement or infringement, misappropriation or violation of the intellectual property or other rights of any other person or entity, provided that the foregoing does not obligate you to the extent the Claim arises out of Clutch’s willful misconduct or gross negligence. Clutch reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.


12.  Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CLUTCH OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT ARISE OUT OF OR RELATE TO (A) THE PLATFORM, INCLUDING YOUR USE THEREOF, (B) ANY OTHER INTERACTIONS WITH CLUTCH OR (C) DECISIONS MADE BY PROVIDERS AND OTHERS AS A RESULT OF THE INFORMATION COMPILED FROM AND ABOUT YOU THROUGH THE PLATFORM, EVEN IF CLUTCH OR A CLUTCH REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE CLUTCH’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE TOTAL LIABILITY OF CLUTCH OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE PLATFORM EXCEED THE GREATER OF (I) $100 OR (II) AMOUNTS PAID BY YOU TO CLUTCH DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE OF THE CLAIM.


In the event that you have a dispute with any third party, you agree that Clutch is under no obligation to become involved on your behalf. You release Clutch, and our officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way relating to such disputes and/or the Platform. If you are a California resident, you hereby waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." This release includes the criminal acts of others.


13.  Arbitration.


13.1  Agreement to Arbitrate. This Section 13 is referred to herein as the “Arbitration Agreement.” The parties that any and all controversies, claims, or disputes between you and Clutch arising out of, relating to, or resulting from this Agreement or the Platform, shall be subject to binding arbitration pursuant to the terms and conditions of this Arbitration Agreement, and not any court action (other than a small claims court action to the extent the claim qualifies). The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.


13.2  Class Action Waiver. THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).


13.3  Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures (the “AAA Rules”), as modified by this Arbitration Agreement. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would, including without limitation, the limitation of liability provisions in Section 12. You may visit http://www.adr.org for information on the AAA and http://www.adr.org/fileacase for information on how to file a claim against Clutch.


13.4  Venue. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Clutch may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on each party, but subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by either or both parties unless the arbitrator requires otherwise.


13.5  Governing Law. The arbitrator will decide the substance of all claims in accordance with the laws of the state of California, without regard to its conflicts of laws rules, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Platform users, but is bound by rulings in prior arbitrations involving you to the extent required by applicable law.


13.6  Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees” will be governed by the AAA’s Rules. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees.


13.7  Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.


13.8  Severability. If a court decides that any term or provision of this Arbitration Agreement other than Section 13.2 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Section 13.2 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of this Agreement will continue to apply.


14.  Miscellaneous. Clutch may make modifications, deletions and/or additions to this Agreement (“Changes”) at any time. Changes will be effective: (i) thirty (30) days after Clutch provides notice of the Changes, whether such notice is provided through the Platform user interface, is sent to the e-mail address associated with your account or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes, whichever comes first. Under this Agreement, you consent to receive communications from Clutch electronically. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement or the Platform that is not subject to arbitration under Section 13 shall be filed only in the state or federal courts in California (or a small claims court of competent jurisdiction) and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Clutch without restriction. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in a writing, signed by both parties, or by a change to this Agreement made by Clutch as set forth herein.


15.  More Information; Complaints. The services hereunder are offered by Clutch, Inc., located at 830 Avenue Balboa, Half Moon Bay, CA 94019, email: refi@withclutch.com, telephone: 650.842.0703. If you are a California resident, note that you may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs via mail at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or telephone at (800) 952-5210. Hearing impaired users can call (800) 735-2929 (TTY) or (800) 735-2922 (Voice).