Terms of Service | Neat Capital

Terms of Service

Effective Date: June 1, 2016

These Terms of Service (“Terms”), together with our Privacy Policy (“Privacy Policy”), govern your access and use of the website and online borrower application (together, the “Site”) of Neat Capital Inc. (“Neat Capital,” “Neat,” the “Company, or “us”). Please read these Terms carefully, as they are a binding legal contract between you and Neat Capital. By using our Site or applying for or using our mortgage lending and/or brokering services, as well as ancillary services we offer (collectively, the “Services”), you expressly agree to be bound by these Terms, and your use of the Services is subject to these Terms and the Privacy Policy. If you do not agree to these Terms, you must stop using the Services immediately. Your use of the Services will always be subject to the current version of our Terms posted on our Site at the time of such usage. Our Services may only be used by users who are 18 years or older and legally competent to form a binding contract with Neat Capital.

Revisions

We may modify these Terms at any time, in our sole discretion. The current version of our Terms will always be posted on our Site. If you continue to use our Services after we have posted modified Terms on our Site, you indicate to us that you agree to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you may not use the Services anymore.

Use of Services

If you choose to create a user account (“Account”) with Neat Capital, you hereby represent and warrant that any information you provide is accurate, complete, and up-to-date, to the best of your knowledge. You also agree that you will not share your password or user name with anyone, and you will notify us immediately of any unauthorized use of your Account. You are responsible for all activities under your Account, even if you are not aware of them. In the event Neat Capital learns that you disclosed your user name or password to anyone, or any information you provided was false, misleading, inaccurate, or incomplete, we reserve the right to suspend your Account at any time.

To the extent our Service permits, Account holders may elect to submit personal or financial information (collectively, “User Information”) and apply for a loan. Account holders may submit their User Information by using an online form, by importing financial and other information with third-party services with which Account holders have accounts or contractual relationships (“Third-Party Information”), or by uploading documentation.

When submitting User Information or applying for a loan on the Site, you agree to provide current, complete, and accurate information about yourself. Neat Capital is not responsible for the accuracy or legality of the User Information you submit, including any Third-Party Information you import. If any User Information you submit is untrue, inaccurate, not current or incomplete, we have the right to terminate your Account or any loan application. Except as prohibited by law, we reserve the right to decline your loan application for any reason.

We will take reasonable measures 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 your full address or your social security number, and/or 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 Neat Capital is unable to adequately verify your identity, as determined by us in our sole discretion, we can refuse to allow you to use the Services.

Third-Party Information

When you import Third-Party Information, you will be connected to the third-party website that maintains such Third-Party Information (“Third-Party Website”). Neat Capital will submit information, such as usernames and passwords, that you provide to log into the Third-Party Website (such information comprising a “Third-Party Login”). You hereby authorize and permit Neat to use and store Third-Party Logins submitted by you to accomplish the foregoing. For purposes of these Terms and solely to import Third-Party Information from the Third-Party Website pursuant to your request, you grant us a limited power of attorney, and appoint Neat Capital as your attorney-in-fact and agent, to access the Third-Party Website, retrieve the Third-Party Information and use the Third-Party Information with the full power and authority to do and perform each thing necessary in connection with such activities, as you would do yourself. YOU ACKNOWLEDGE AND AGREE THAT WHEN NEAT CAPITAL IS ACCESSING AND RETRIEVING THIRD-PARTY INFORMATION FROM ANY THIRD-PARTY WEBSITE, NEAT CAPITAL IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT MAINTAINS THE WEBSITE. Your access to the Third-Party Information is governed solely by the agreement between you and the operator of the Third-Party Website. If you import Third-Party Information, you are responsible for ensuring that such action complies with the applicable terms of service between you and the Third-Party Website. Neat Capital cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data or other service interruptions. We assume no responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings of Third-Party Websites.

Content and Content Rights

For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that you provide to be made available through the Services, including User Information and any Third-Party Logins that you provide. Content includes without limitation User Content.

Neat Capital does not claim any ownership rights in any User Content, and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Neat Capital and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

By making any User Content available through Services you hereby grant Neat Capital a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon and distribute your User Content in connection with operating and providing the Services and Content to you, including, without limitation, for developing, manufacturing and marketing products. Terminating your Account on the Site will not impact any of the rights of Neat Capital to any of the User Content. We may refuse or remove User Content without notice to you, and we have no obligation to monitor User Content. You agree that neither Neat Capital nor its affiliates, employees or agents will be liable for User Content or any loss or damage resulting from User Content. Except as may be provided in the Privacy Policy, Neat Capital does not guarantee that User Content will be private, even if the User Content is in a password-protected area. Accordingly, you should not provide User Content that you want protected from disclosure to others.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that your User Content is accurate to the best of your knowledge. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Neat on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act (the “Notification”), to our Designated Agent, who can be reached as follows:

 

DMCA Designated Agent

Phone: 888-210-5232

Email: help@neatcapital.com

 

Neat Capital Inc.

2305 Canyon Blvd #103

Boulder, CO 80302

 

All of the content included in this Site is subject to the copyright laws of the United States and other applicable jurisdictions, and Neat Capital and/or its licensors and suppliers own all the copyright rights associated with this content. All rights reserved. Pursuant to Title 17, United States Code, Section 512(c)(2), the Notification should be sent to the Designated Agent listed above.

To be effective, the Notification must include the following:

•      A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

•      Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

•      Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Neat Capital to locate the material.

•      Information reasonably sufficient to permit Neat Capital to contact the complaining party, such as an address, telephone number, and, if available, an email address.

•      A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

•      A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

This process only relates to reporting a claim of copyright infringement. Messages related to other matters may not receive a response through this process.

Notifications

As part of the Services, you may receive notifications, alerts or other types of messages from us. By providing us with your e-mail address, you agree to receive all required notices electronically. You are responsible for updating your email address on the Site.

Prohibitions

You agree not to do any of the following:

•      upload, submit, import or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates any applicable law or regulation or would give rise to civil liability; or (iii) is fraudulent, false, misleading or deceptive;

•      use, display, mirror or frame (i) the Services or any individual element within the Services; (ii) Neat Capital’s name, any Neat Capital trademark, logo or other proprietary information; or (iii) the layout and design of any page or form contained on a page, without Neat Capital’s express written consent;

•      access, tamper with, or use non-public areas of the Services, Neat Capital’s computer systems or the technical delivery systems of Neat Capital’s third-party providers and licensors;

•      attempt to probe, scan or test the vulnerability of any Neat Capital system or network or breach any security or authentication measures;

•      avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Neat Capital or any of Neat Capital’s third-party providers or licensors to protect the Services or Content;

•      attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Neat Capital or other generally available third-party web browsers;

•      attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;

•      interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

•      violate any applicable law or regulation; or

•      encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, including User Content, and the Services, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any of your actions or any User Content to be in violation of these Terms. We have the right to investigate potential violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Links to Third-Party Websites

The Services may contain links to third-party websites or resources (“Affiliate Sites”). We provide these links only as a convenience, and we are not responsible for the content, products or services on or available from Affiliate Sites. These Terms apply only to your use of the Services. These Affiliate Sites may have their own terms of use and privacy policies, which Neat Capital does not control. Neat Capital does not monitor, endorse or guarantee, and assumes no responsibility for, Affiliate Sites or any transactions or information you may undertake or receive from Affiliate Sites. NEAT CAPITAL HAS NO CONTROL OVER AFFILIATE SITES OR THE CONTENT, TRANSACTIONS OR SERVICES WITHIN THEM. WE CANNOT AND DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE CONTENT CONTAINED IN THE AFFILIATE SITES, INCLUDING OTHER LINKS, IS ACCURATE, LEGAL OR INOFFENSIVE. NEAT CAPITAL HAS NO LIABILITY FOR AFFILIATE SITES’ FAILURE TO PERFORM OR ANY ERRORS IN OR OMISSIONS REGARDING ANY INFORMATION WITHIN AFFILIATE SITES. WE DO NOT REPRESENT OR WARRANT THAT AN AFFILIATE SITE WILL NOT CONTAIN COMPUTER VIRUSES OR OTHER HARMFUL CODE THAT COULD IMPACT YOUR COMPUTER OR OTHER WEB ACCESS DEVICE. NEAT CAPITAL DISCLAIMS ANY AND ALL LIABILITY FOR, OR IN CONNECTION WITH, ANY TRANSACTION OR ACTIVITY RELATED TO AFFILIATE SITES. If you have a specific dispute or concern related to the content, product or services that needs to be addressed by an Affiliate Site, you should contact the Affiliate Site and not Neat Capital. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at help@neatcapital.com. Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions will survive: “Content and Content Rights,” “Termination,” “Warranty Disclaimers,” “Indemnity,” “Limitation of Liability,” “Dispute Resolution” and “General Terms.”

Warranty Disclaimers

THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

Indemnity

You will indemnify and hold harmless Neat Capital and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your (i) access to or use of the Services, (ii) User Content, or (iii) violation of these Terms.

Limitation of Liability

NEITHER NEAT CAPITAL NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NEAT CAPITAL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL NEAT CAPITAL’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO NEAT CAPITAL FOR USE OF THE SERVICES OR, IF YOU HAVE NOT MADE ANY PAYMENTS TO NEAT CAPITAL, ONE HUNDRED DOLLARS ($100), AS APPLICABLE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NEAT CAPITAL AND YOU.

Dispute Resolution

These Terms and any action related thereto will be governed by the laws of the State of Colorado without regard to its conflict of laws provisions. You and we agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively,“Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Neat Capital with written notice of your desire to do so by email or regular mail at 4999 Pearl East Circle, Suite 302, Boulder, CO 80301 within thirty (30) days following the date you first accept these Terms (such notice, an “Arbitration Opt-out Notice”). If you do not provide Neat Capital with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Neat Capital with an Arbitration Opt-out Notice, any Dispute will be the state and federal courts located in Denver, Colorado and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Neat Capital with an Arbitration Opt-out Notice, you acknowledge and agree that you and Neat are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and we otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. 

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The AAA provides a general Demand for Arbitration and a separate Demand for Arbitration for California residents. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Unless you and Neat Capital otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Neat submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of reasonable attorneys’ fees and expenses, to the extent provided under applicable law.

Notwithstanding the provisions of the “Changes to Terms or Services” section above, if Neat Capital changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to help@neatcapital.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Neat Capital’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Neat in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

General Terms

These Terms constitute the entire and exclusive understanding and agreement between Neat Capital and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Neat and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Dispute Resolution” section above or by a court of competent jurisdiction, if you opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without Neat’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Neat may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Neat Capital under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Site or Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Neat Capital’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Neat. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information

If you have any questions about these Terms or the Services, please contact us at help@neatcapital.com.