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Clasp Terms of Use Agreement

Last updated: SEPTEMBER 13, 2024

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This Terms of Use Agreement (the “Agreement”) governs your use of this website. These terms are a legally binding agreement between you and Stride Funding Inc. d/b/a Clasp, along with its subsidiaries and affiliates (collectively, “Clasp”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. BY USING THE CLASP.COM WEBSITE OR REGISTERING WITH THE SERVICES AS DEFINED BELOW YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND AND ACCEPT THE TERMS AND CONDITIONS DESCRIBED BELOW (THE “TERMS OF USE”) AND YOU AGREE TO BE BOUND BY THE TERMS OF USE AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED IN THE TERMS OF USE BY REFERENCE. IF YOU DO NOT AGREE, PLEASE IMMEDIATELY DISCONTINUE ACCESSING THIS WEBSITE.

I. Your Permissible Use

Subject to your remaining in compliance with the provisions of the Terms of Use, as found below, Clasp hereby grants to you a limited, worldwide, royalty-free, non-exclusive, non-transferable, non-sublicensable license solely to access and use the website. The website shall not be used in any other manner or for any other purpose.
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Use of the website by children under the age of 13 is prohibited. By using the website, you warrant that you are 13 years of age or older.

II. General Content

This website may provide general information about our products and services. Your eligibility for particular products and services is subject to our final determination, restrictions, and acceptance. We may discontinue or make changes to the information, products, licenses, or services described on this website at any time. Any dated information is published as of its publication date only. We do not undertake any obligation or responsibility to update or amend any such information. We reserve the right to terminate any or all offerings without prior notice. Furthermore, by offering information, products, or services via this website, no solicitation is made by us to any person to use such information, products, or services in jurisdictions where the provision of information, products, or services is prohibited by law.

This website may contain links to third-party websites, such as social media websites, which we do not own or control, but which are being provided for your convenience. If you visit a link to another website, you do so at your own risk subject to the terms and conditions established by the operator of that website. The fact that we provide a link to a website does not necessarily mean we endorse, authorize, or sponsor that third-party website, or that we are affiliated with the third-party website's owners or sponsors. We reserve the right to terminate a link to a third-party website at any time.
Although we try to provide accurate and timely information on this website, there may be inadvertent, technical, or factual inaccuracies and typographical errors. For these reasons we cannot warrant the accuracy, completeness, or timeliness of the information, text, graphics, links, or other items on this website.

This website's content, including but not limited to all music, images, icons, text, software, logos, expressions, and ideas, is copyrighted and protected by U.S. and worldwide copyright laws and treaty provisions. In addition, this website's content is protected by patent and trademark laws, the laws of privacy and publicity, and the various communication regulations and statutes. You are not authorized to post on or transmit to or from this website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, immoral, or profane material, or any other content that could give rise to any civil or criminal liability under the law.
Any commercial use of this website or its content is prohibited. You may print a copy of the information contained on this website only for your personal use. This right may be revoked at any time.

None of the information contained in this website constitutes a recommendation, solicitation or offer by Clasp to buy or sell any securities or other financial instruments or other assets or provide any investment advice or service. The information contained in Clasp’s website has been prepared without reference to any particular user's lending or investment requirements or financial situation. The information contained and services offered in Clasp's website are not provided to, and may not be used by, any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory or self-regulatory organization or clearing organization or where Clasp is not authorized to provide such information or services. Some products and services described in Clasp’s website may not be available in all jurisdictions or to all potential users.

III. Registrations and Accounts

Some services may require that you register on the Clasp website. You must provide complete and accurate information during registration, including your email address, and update your information should it change in the future.

You must maintain the confidentiality of your assigned user IDs and passwords. It is a good idea to protect your security by always closing your web browser after leaving the website. If you believe that information that you have submitted through the website has been used without your permission, you must tell us immediately.

You agree to immediately notify Clasp at support@clasp.com of any unauthorized use of your password or username or any other breach of security. If a password is lost or stolen, it is your responsibility to change the password, and immediately notify Clasp, so that your account remains secure and functional. If you fail to notify us, you may be liable for all unauthorized activity on your account

As part of Clasp’s services you may be permitted to verify your bank account or payroll information, sync your loan, or do such other activity as may be permissible using a third party service offered through Clasp. Should you choose to enable such third party service, you may be subject to separate terms and conditions of the third party service provider.

IV. User Generated Content

The website includes features which allow you to submit content that others can access, both within and outside of the website. You retain any rights you hold in the content that you submit. All content submitted to the website is the sole responsibility of the user who submitted the content.

By submitting content to the website, you give Clasp a worldwide and royalty-free license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute such content. This license continues indefinitely beyond any termination of the Terms of Use for any reason by any party.

Clasp does not screen, review or actively monitor any content submitted to the website by users, and is not responsible for the accuracy or truthfulness of any user-submitted content.

V. Accessing the Website

You agree and acknowledge that you have the sole responsibility and liability for your use of this website and for providing or obtaining, and for maintaining, all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary or desirable for you to access and use this website.
From time to time, due to the performance of maintenance, malfunctions or failures of software, equipment, or telecommunications devices, unusual transaction volume, or similar reasons, the website may not be available for your use. We minimize the periods of time during which the website is unavailable. You agree that we shall not be responsible for any loss, damages, costs, or expenses which you may suffer or incur, directly or indirectly, as a result of the unavailability of the website, regardless of whether it could be shown that we could have prevented or reduced the duration of such unavailability by taking any action within our reasonable control. We shall also not be responsible for any loss, damages, costs, or expenses which you may suffer or incur, directly or indirectly, as a result of your inability to access the website caused directly or indirectly, in whole or in part, by your computer or mobile device, your inability to establish a connection to the Internet, your Internet Service Provider (“ISP”), or capacity or other limitations or constraints of the Internet.

We may at any time, with or without cause, and without prior notice to you, deny you access to the website. We may terminate these Terms of Use and your access to the website in whole or in part at any time without prior notice to you. In the event we terminate this Terms of Use, any applications you have submitted will continue to be evaluated, and any existing transactions you have entered into with us shall remain in effect.

The website is not intended for use by persons in any jurisdiction or country where such use would be contrary to applicable laws or regulations. We may restrict your access to the website during times you are in a country for which use of the website would be prohibited. You are responsible for compliance with all local laws.

You can contact us at support@clasp.com regarding technical issues with this website.

VI. Contacts

You agree that we and any of our affiliates, agents, service providers or assignees may call you, leave you a voice, prerecorded, or artificial voice message, or send you a text, e-mail, or other electronic message for any purpose related to your loan agreement with us, our products and services, or surveys or research (each a "Communication"). You agree that we and any of our affiliates, agents, service providers or assignees may call or text you at any telephone number associated with your loan agreement, including cellular telephone numbers, and may send an e-mail to any email address associated with your loan agreement. If you choose to update your contact information with us, including cellular telephone numbers, we may use it for Communication. You also agree that we and any of our affiliates, agents, service providers or assignees may include your personal information in a Communication and may conduct a Communication using an automatic telephone dialing system. We will not charge you for a Communication, but your service provider may. In addition, you understand and agree we and any of our affiliates, agents, service providers or assignees may always communicate with you in any manner permissible by law that does not require your prior consent.

VII. Privacy and Collection of Information

Clasp collects information about you through your use of the website. By using the website, you agree that Clasp may retain, use, and publish information collected through your use of the website in accordance with the Clasp Privacy Policy.

VIII. Our Proprietary Rights

Clasp retains all rights, title, and interest to the website and any updates that may be provided to you under this Agreement. Clasp reserves all rights not expressly granted to you.

IX. Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY ARISE IN CONNECTION WITH THIS WEBSITE, OR FROM YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE OR ANY INFORMATION PROVIDED ON THIS WEBSITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; OR DISCLOSURE OF INFORMATION WHEN REPLYING TO YOU BY E-MAIL OR OTHER ELECTRONIC MEANS OR RECEIVING E-MAILS FROM YOU; EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

THIS WEBSITE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY VIRUSES THAT MAY INFECT OR DAMAGE YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING OF THIS WEBSITE, THE WEB, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS WEBSITE OR THE WEB.

WE DO NOT WARRANT NOR REPRESENT THAT YOUR USE OF MATERIALS DISPLAYED ON THIS WEBSITE WILL NOT INFRINGE RIGHTS OF THIRD PARTIES NOT OWNED OR AFFILIATED WITH US.

X. Indemnification

You and any business or third party subject to this Agreement through your use shall indemnify, defend and hold harmless Clasp and its officers, agents and employees from and against any claims, demands or causes of action (a) alleging infringement of any third party intellectual property rights based on (i) your use of the website, (ii) the use of any other software or hardware that is used in conjunction with the website, (iii) the unauthorized use of the website, or (iv) use of the website not in conformance with the specifications or the requirements of this Agreement, (b) based on the unauthorized use of the website by you, or (c) based on or resulting from a breach of any provision of this Agreement by you.

XI. Governing Law and Disputes

These Terms of Use will be governed by the laws of the United States and the State of Delaware without giving effect to any conflict of laws to the contrary. The parties hereby opt out of the Uniform Computer Information Transaction Act to the fullest extent permitted by law.

THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THE TERMS OF USE OR ANY CONFIDENTIAL INFORMATION, INTELLECTUAL PROPERTY RIGHTS, OR SELF HOSTED SERVICES THAT ARE THE SUBJECT OF THE TERMS OF USE.

Any and all disputes arising under this Agreement shall only be resolved by courts located in the State of New York and the parties hereto consent to venue therein, the exclusive personal jurisdiction thereof, and to the sufficiency of service of process by certified or registered mail in connection with any dispute arising out of or in connection with the Terms of Use.

In the event of any dispute arising out of or related to the Terms of Use, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs.

XII. Other Terms & Conditions

No failure, omission, or delay on our part to exercise any right under these Terms of Use will preclude any other further exercise of that right or other right under these Terms of Use.

If any terms in these Terms of Use change due to applicable law or are declared invalid by order of a court, the remaining terms of these Terms of Use will not be affected, and these Terms of Use will be interpreted as if the invalid terms had not been placed in these Terms of Use. The headings in these Terms of Use are intended only to help organize these Terms of Use.

The parties agree that the Terms of Use states the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements and representations of the parties, oral or written. The Terms of Use shall be binding upon and inure to the benefit of the parties' authorized successors, legal representatives, and authorized assigns.

XIII. Notices

All notices, demands, requests, consents or other communications required or permitted by the Terms of Use (“Notices”) shall be in writing and sent to the parties at their current known addresses, or to such other address as either party may specify in writing. Notices shall be deemed duly served on or delivered (1) when delivered personally, (2) when sent to the other party by certified mail, return receipt requested, (3) when delivered by hand or sent by recognized overnight courier (with acknowledgement received by the courier), or (4) sent by facsimile, electronically confirmed and followed up immediately by standard United States mail.

XIV. Adjustments to the Plan

This Agreement is effective as of September 13, 2022 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page. If we make updates to this Agreement, we will update the Agreement with the change and revise the “Last Updated” dated posted at the top of the Agreement.

We reserve the right to update or change our Terms of Use at any time and you should review this Terms of Use periodically. Your continued use of the website after we post any modifications to the Terms of Use on this page will constitute your acknowledgment of the modifications and your consent to abide by and be bound by the modified Terms of Use.