Homeowner Terms of Use

Last Updated: June 11, 2020

Thank you for your interest in using OwnerInsight^TM, powered by ClearCapital.com, Inc. including its affiliates (collectively “Clear Capital,” “We,” “Our,” or “Us”). Please read the Terms of Use (“Terms of Use” or “Agreement”) carefully. This Agreement between Clear Capital and You governs the use of OwnerInsight as well as any other Clear Capital website, application, or communication that link to this Agreement (collectively, the “Platform” or “Services”). BY ACCESSING THE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT WITHOUT MODIFICATION. DO NOT ACCESS OR USE THE SERVICES IN ANY WAY IF YOU DO NOT AGREE TO THIS AGREEMENT. IF YOU ARE ACCESSING AND USING THE SERVICES ON BEHALF OF AN ENTITY, YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO ACT ON BEHALF OF SUCH ENTITY AND TO BIND SUCH ENTITY TO THE TERMS OF THIS AGREEMENT.

IMPORTANT NOTICE: YOUR USE OF THE SERVICES IS SUBJECT TO AN ARBITRATION PROVISION IN SECTION 17, REQUIRING ALL CLAIMS TO BE RESOLVED VIA INDIVIDUAL BINDING ARBITRATION.

OwnerInsight permits a party, whether directly or on behalf of another (“End User”, which may include Clear Capital), to provide contact information for a homeowner or their authorized representative (“Submitter,” “You,” or “Your”), who then submits responses and imagery regarding real property that is processed and transmitted in a format (a “Report”) to the End User. All contact information, property responses and imagery is defined herein as “Information.”

1. Clear Capital’s Role. CLEAR CAPITAL IS NOT A LENDER OR REAL ESTATE BROKER REPRESENTING YOU OR ANOTHER USER. CLEAR CAPITAL IS OFFERING THE SERVICES TO FACILITATE THE COLLECTION OF INFORMATION FOR AN END USER. CLEAR CAPITAL AND THE SERVICES ARE NOT INTENDED TO PROVIDE FINANCIAL OR REAL ESTATE ADVICE, NOR ARE THE SERVICES MAKING ANY PURCHASE, SALE, LENDING, OR VALUATION DECISION OR RECOMMENDATION
   
   
2. License from Clear Capital. Clear Capital hereby grants You a non-exclusive, limited, revocable, personal, non-transferable license to use the Services and not to modify the Services, or any portion thereof. You shall not disassemble, decompile, manipulate or reverse engineer the Services or any Report. Under no circumstances shall You sell, license, publish, display, copy, reproduce, mimic, distribute or otherwise make available the Report, except as expressly permitted by Clear Capital.
   
   
3. Use Obligations. You agree to the following when using the Services:
   1. You agree You are at least 18 years of age;
   2. You agree to comply with all terms and conditions of this Agreement;
   3. You agree to provide true, accurate, current, and complete Information that is requested of You and any property as requested by us;
   4. If required, You agree to disclose any present or prospective interest in the property that is the subject of a Report, or lack thereof if appropriate;
   5. If you are completing a Report as an authorized representative of a homeowner and are receiving compensation for Your services, You agree that You maintain errors and omissions insurance, to the extent required by law, for all liability associated with the preparation of a Report;
   6. Your access to and/or use of the Services does not and will not constitute a breach or violation of any other agreement, contract, terms of use, or similar policy or understanding to which you are or may be subject;
   7. You will not use the Services to violate any statute, law, rule or regulation, to violate any agreement between Clear Capital and you or to otherwise violate the legal rights of Clear Capital or any third person; h. You will not access or use the Services in order to gain competitive intelligence about Clear Capital, the Services, or any product or service offered by Clear Capital or to otherwise compete with Clear Capital;
   8. If the Services permit You to download a copy of a Report, subject to the restrictions set forth in the Agreement, You may keep a copy of the Report only as necessary for archival purposes only, and shall not be used for any other purpose;
   9. The statements, views, and opinions contained in a Report are those of the Submitter and are not endorsed by, nor do they necessarily reflect the opinion of Clear Capital. Clear Capital exercises no control whatsoever over the content, reliability, suitability, accuracy, or completeness of any Information passing through the Services; and
   10. When you receive a request from us to complete a Report, You understand and agree that such request was initiated by the End User. When You complete Information, prior to sending the Information to an End User You must certify and agree to the included attestations. You further agree that when You select to submit the Information or Report, You authorize us to receive, prepare, and deliver any Information and Report to an End User, and otherwise use the Information and Report in accordance with the Agreement and Privacy Policy.
   
   
4. Use Prohibitions. You agree not to:
   
   1. Upload, post, transmit or otherwise make available any Information that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. This includes, but is not limited to, information that may attempt to improperly influence an appraiser (or other real estate professional) in their objective analysis of property characteristics and market data in order to arrive at an independent value determination for a property;
   2. Harm any person(s) in any way;
   3. Base, either partially or completely, any Information in a Report on race, color, religion, sex, age, marital status, handicap, familial status, or national origin of either the prospective owners or occupants of a subject property;
   4. Impersonate any person, or otherwise falsely state or misrepresent Your relationship with a person;
   5. Use the Services to commit fraud or conduct other unlawful activities;
   6. Introduce into the Services any virus, rogue program, time bomb, drop dead device, back door, trojan horse, worm or other malicious or destructive code, software routines, denial of service attack, or equipment components designed to permit unauthorized access to the Services, or to otherwise harm other users, the Platform, or any third parties, or perform any such actions;
   7. Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform;
   8. Access or attempt to access any other person’s account, information, or content without permission;
   9. Use any bot, spider, or other automatic or manual device or process for the purpose of harvesting or scraping the information contained on the Platform for any reason
   10. Frame or mirror any part of the Platform;
   11. Connect to or access any Clear Capital computer system or network without authorization;
   12. Upload, post, transmit or otherwise make available any Information that You do not have a right to make available under law or any contractual or fiduciary relationship;
   13. Upload, post, transmit or otherwise make available any Information that violates the intellectual property rights of any party;
   14. Intentionally or unintentionally violate any applicable local, state, or national law, regulation, or order;
   15. Use any of Clear Capital’s trademarks without approval;
   16. Remove or modify any copyright, trademark, or other intellectual property notice that appear in the Services;
   17. Access or use any of the Services to develop competitive products or services;
   18. Rely on a Report as a full or complete examination for the purpose of identifying the property's life expectancy, exposing maintenance problems, recognizing construction faults, or assessing the condition of all improvements to real property (including structural items, electrical items, mechanical systems, plumbing system, or equipment).
   19. Use the Services for resale or similar purposes; and
   20. Attempt to, or permit or encourage any third party, to do any of the above.
   
   In order to protect the integrity of the Platform, Clear Capital reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Services. You may not use any technologies or processes to circumvent any IP blocks or other mechanism put in place by Clear Capital to limit, restrict, or prevent access to the Services.
   
   
5. Rights to Services, Information, and Reports. You understand, acknowledge, and agree that in consideration and as an express condition of Your use of OwnerInsight and any related products and services, that (i) Clear Capital owns any and all legal right, title, and interest in and to the Services, Information, and Reports, including, without limitation, any associated metadata, as well as any and all derivations of any of the foregoing; and (ii) that You hereby transfer and assign any and all ownership rights in the foregoing to Clear Capital, unless otherwise agreed to in writing by Clear Capital and an End User regarding Your use of the Services. You understand, acknowledge, and agree that as owner of all legal right, title and interest that Clear Capital will use the aforementioned Services, Information, and Reports, associated metadata, and any derivations of any of the foregoing as it sees fit and in its sole and exclusive discretion.
   
   
6. Content and Pricing. The Services provided under the Agreement may vary from current form, may have varying level of content or requests for Information, or may have different pricing. We may make changes in price or availability of any new or changes in Services at any time and for any reasons, with or without notice and without any liability whatsoever.
   
   
7. Electronic Communications. By accepting this Agreement and using the Services, you consent to receive electronically all communications or notices sent by Clear Capital with regard to the Services or this Agreement to any phone number email address you provide to Clear Capital. It is your responsibility to update your contact information provided to Clear Capital. In order to receive electronic communications, you must have a working connection to the internet and meet any specifications required by your email service provider. Clear Capital may send communications in text message or a non-electronic format in Clear Capital’s discretion. Emails sent to any @clearcapital.com email address are governed by our Privacy Policy.
   
   
8. Consent to Receive Text Messages.Except as You otherwise indicate when submitting the Information, if You provide a mobile phone number, You agree that Clear Capital (or its representatives, employees, agents, or affiliates), on behalf of itself or a third party, may contact You with offers or other advertising information relating to goods or services. You further agree that We may use auto-dialer or artificial voice technology or prerecorded messages to send such communications. You represent and warrant that You are the subscriber of any phone number provided or otherwise have the authority to consent to us using the phone number as described in this Section. You may opt-out of receiving these messages by following instructions We may provide from time to time. Please note that Your choice to opt-out of receiving the communications as described in this Section does not affect any consent you provided to any third party, including the End User requesting Your use of the Services. You may not be able to opt out of receiving certain text messages necessary to complete a transaction or service that You have requested. This section shall survive any expiration or termination of the Agreement.
   
   
9. Privacy Policy. You acknowledge You have read, and agree, to the current OwnerInsight Privacy Policy. If there is an inconsistency between the Agreement and the Privacy Policy, the Privacy Policy shall apply. Clear Capital may receive nonpublic personal information (as defined by the Gramm-Leach-Bliley Act (“GLBA”)) about You as part of the Services which may be used or disclosed in accordance with this Agreement and Privacy Policy. Please review the Privacy Policy for Your choices on how to manage such information.
   
   
10. Security. You shall be solely responsible for the security, confidentiality and integrity of all information that you receive, transmit through or store on the Services. No data transmission over the Internet can be guaranteed to be 100% safe. Thus, we cannot warrant that Your information will be absolutely secure. You shall be solely responsible for any authorized or unauthorized access and use of Your account by any person. You have the affirmative responsibility to monitor and control access to Your account information. As may be required by the GLBA, Clear Capital maintains appropriate safeguards to: (1) ensure the security and confidentiality of Your information; (2) protect against any anticipated threats or hazards to the security or integrity of such records; and (3) protect against unauthorized access to or use of Your information that could result in substantial harm or inconvenience to You.
    
    
11. Modification or Termination of the Agreement. Clear Capital reserves the right to modify and/or terminate the Agreement, with or without notice, at any time and for any reason. If Clear Capital makes any changes, Clear Capital will publish updated Terms of Use, and You agree to any updated Terms of Use by continuing to use the Services after the date of publication of the updates.
    
    
12. Changes to the Platform. We may update the content on the Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.
    
    We may from time to time develop and provide Platform updates, which may include upgrades, bug fixes, patches and other error corrections or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your mobile device settings, when your mobile device is connected to the internet either:
    
    
    • the Application will automatically download and install all available Updates; or
    • you may receive notice of or be prompted to download and install available Updates.
    
    You will promptly download and install all Updates and acknowledge and agree that the Application or portions of it may not properly operate if you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
    
    
13. NO WARRANTIES. YOUR ACCESS AND USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. WHEN ACCESSING OR USING THE SERVICES, INFORMATION IS TRANSMITTED TO OTHER INTENDED PARTIES THAT MAY BE BEYOND CLEAR CAPITAL’S CONTROL. AS A RESULT, CLEAR CAPITAL ASSUMES NO LIABILITY FOR OR RELATED TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY INFORMATION TRANSMITTED CONCERNING YOUR ACCESS OR USE OF THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF THOSE MATERIALS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OR WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
    
    CLEAR CAPITAL IS PROVIDING THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” CLEAR CAPITAL MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY OR IMPLIED OF ANY KIND. CLEAR CAPITAL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION: (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
    
    THIS SECTION SURVIVES TERMINATION OF THE AGREEMENT.
    
    
14. LIMITATION OF LIABILITY. IN NO EVENT SHALL CLEAR CAPITAL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY OR PUNITIVE DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY FOR USE OF THE SERVICES.
    
    THIS SHALL INCLUDE, BUT NOT BE LIMITED TO: (A) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA, INFORMATION OR CONTENT SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR OTHER INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) THE USE OF OR INABILITY TO USE THE SERVICES; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY KIND WHATSOEVER, CAUSED BY YOUR ACCESS TO, USE OR MISUSE OF THE SERVICES , USE OR MISUSE OF THE SERVICES, INCLUDING DEATH OR SICKNESS CAUSED BY YOUR ACCESS TO; (III) ANY RELIANCE, WHETHER DIRECTLY OR INDIRECTLY, PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO, AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY FINANCIAL INSTITUTION, LENDER, LICENSOR, DISTRIBUTOR, FULFILLMENT CENTER, SUPPLIER, SPONSOR OR ANY OTHER THIRD PARTY FOR WHOM YOU ARE ASKING PRODUCTS OR SERVICES; (IV) ANY CHANGES WHICH CLEAR CAPITAL MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (V) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT, DATA, INFORMATION AND/OR OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; OR (VI) YOUR FAILURE TO PROVIDE CLEAR CAPITAL WITH ACCURATE INFORMATION.
    
    THE FOREGOING LIMITATIONS ON CLEAR CAPITAL’S LIABILITY TO YOU SHALL APPLY WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER THEORY, AND WHETHER OR NOT CLEAR CAPITAL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY CLAIMS ARISING IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOUR REMEDIES UNDER THE AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THE AGREEMENT.
    
    NOTHING IN THE AGREEMENT EXCLUDES OR LIMITS CLEAR CAPITAL’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXECUTED OR LIMITED BY APPLICABLE LAW. THIS SECTION SURVIVES TERMINATION OF THE AGREEMENT.
    
    In entering into this release you expressly waive any protections (whether statutory or otherwise), including Section 1542 of the California Civil Code if applicable (and any other comparable statute), that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. Section 1542 of the California Civil Code reads as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
    
    
15. Indemnification. To the extent allowed by law, You agree to indemnify, defend, and hold harmless Clear Capital, its affiliates, and their respective directors, officers, employees, and agents from any and all claims and demands made by any third party due to or arising out of: (a) Your access to or use of the Services; (b) Your breach of the Agreement; (c) Your violation of any law or the rights of a third party; (d) any dispute or issue between You and any third party; (e) any Information You provide through the Services; (f) Your willful misconduct; and (g) any other party’s improper access to and/or use of the Services on Your behalf. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in that case, You agree to cooperate with our defense of that claim. This section shall survive the termination or expiration of the Agreement.
    
    
16. Copyright.
    1. Clear Capital Ownership of Copyrighted Content. All content included on the OwnerInsight site or in the context of any related Services, including but not limited to related mobile applications or websites (collectively referred to as “Copyrighted Content”), is the intellectual property of Clear Capital. Said Copyrighted Content includes, but is not limited to, all text, graphics, video, logos, audio, and any combination of the foregoing, as well as any and all software effectuating the foregoing or otherwise implementing any and all functionality related to the OwnerInsight site and its related Services. All Copyrighted Content, derivations and compilations of the same, are protected by all applicable U.S. and international copyright laws. The OwnerInsight site and its related Services and any and all Copyrighted Content may only be used as permitted by Clear Capital. All other uses, including reproduction, copying, derivation, distribution, sale, transfer, rental, lease, lending, performance. display, or transmission, of Copyrighted Content are strictly prohibited.
    2. Prohibited Use; Representations and Warranties. Clear Capital prohibits You or any End User from engaging in any activity with respect to the OwnerInsight site and its related Services that would violate the intellectual property rights of any third-party, including but not limited to the uploading, posting, or transmission of Information. As an express condition of Your use of the OwnerInsight site and its related Services, You agree not to upload, post, transmit, or otherwise use or provide any Information that violates any intellectual property right of any third-party and represent and warrant that You have any and all rights, authority, permissions, or licenses to upload, post, transmit, or otherwise use or provide any Information involving the OwnerInsight site and its related Services. Further, You hereby represent and warrant to Clear Capital that You have not and will not later undertake any action in violation of the foregoing, including but not limited to those delineated under U.S. and international copyright law.
    3. License to Clear Capital. As a further condition of the use of the OwnerInsight site and its related Services, You do hereby grant Clear Capital, its parents, subsidiaries, affiliates, joint ventures, partners, and the officers, employees, and agents of the foregoing, as well as any and all End Users of the OwnerInsight site and its related Services a perpetual, worldwide, royalty-free, non-exclusive, and irrevocable license, including the right to sub-license, to any and all Information that You upload, post, transmit, or otherwise provide or use in the context of the OwnerInsight site and its related Services. Said license includes the right to reproduce, copy, derive, distribute, sell, transfer, rent, lease, lend, perform, display, or transmit any such Information. The foregoing license applies to all media and formats whether now known or hereafter created, and to make any technical modifications necessary to do so, including any modifications that might circumvent an effective technological measure as that term is used under Article 11 of the WIPO Copyright Treaty adopted December 20, 1996, and any subsequent modifications or amendments thereto, including any similar international agreements. To the extent necessary, You agree to and do hereby waive any and all moral rights (droit moral), rights of integrity, and rights of publicity, privacy, and/or personality as they pertain to any Information that You provide in the context of Your use of the OwnerInsight site and its related Services. You expressly waive any and all rights to any royalty that might be due to You or through a collecting society regardless of licensing scheme.
    4. Intellectual Property Rights of Third-Parties. In the event You become aware of any material on the OwnerInsight site and its related Services that You believe infringes upon any copyright that You own or control, You may send a written notification of such alleged infringement to Clear Capital’s agent for notification of claims of copyright in accordance with the following requirements:
       
       
       1. an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right which is allegedly being infringed;
       2. identification of the copyrighted work that is alleged to have been infringed or, if more than one, a representative list;
       3. identification of the material which needs to be removed or altered and a sufficiently detailed description of the location of the protected material on the site (e.g., URL);
       4. a sufficient means for Clear Capital to contact You, such as Your address, telephone number, and e-mail address (if available);
       5. 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 thatYou have authority to make such a statement; and vi. 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's owner's behalf.
       
       
    The foregoing information shall be sent to the following address: DMCA@clearcapital.com with the Subject Line “DMCA Notification.”
    
    
17. Choice of Law, Agreement to Arbitrate, and Prohibition on Class Action.
    1. Choice of Law. The validity, construction, and effect of this Agreement and the Services, will be governed by the laws of the state of Nevada, without giving effect to that state’s conflict of laws rules. Any legal suit, action or proceeding arising out of, or related to, the Agreement or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Nevada, in each case located in Reno, Nevada, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country or county of residence, or any other relevant country or county. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
    2. Arbitration Procedure. If you have any issue or dispute with Clear Capital, you agree to first contact us at legal@clearcapital.com and attempt to resolve the dispute with us informally. All disputes arising out of, or relating to, this Agreement (including formation, performance, breach, enforceability, and validity of this Agreement) or our operation of the Services that are not resolved informally by shall be resolved by final and binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association that are in effect at the time of the arbitration, except as provided herein. The arbitration will be held in Reno, Nevada or another location if Clear Capital consents to such other location, which consent may be withheld in the sole discretion of Clear Capital. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees, and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
    3. Waiver of Class Actions; Jury Trials. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Class actions and class arbitrations are prohibited. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
    4. Limitation on Claims. No action arising under this Agreement may be brought by User more than one (1) year after the cause of action has accrued.
    5. Injunctive Relief. Without prejudice to the agreement to resolve disputes in binding arbitration set forth in the previous paragraph, either party to this Agreement may obtain preliminary injunctive relief in a court of competent jurisdiction, for the purpose of enforcing any of the terms of this Agreement pending a final determination in arbitration or permanent relief for the purpose of enforcing arbitral awards.
    
    
    
18. Hyperlinks. A link from the Services to a non-Clear Capital website does not mean that Clear Capital endorses or accepts any responsibility for the content, functioning, policies, or use of such Services, and You enter any such website at your own risk. It is Your responsibility to take precautions to ensure that whatever website or other online materials that You select for use are free of viruses and other items of a destructive nature. Additionally, we suggest You review the linked site’s terms of service and privacy policy, and if You do not agree to be bound by the terms of that site, terminate your visit to that site. We are not responsible for the privacy policies and practices of the sites operated by our business partners or other third parties. Clear Capital expressly disclaims any liability related to such sites. Clear Capital also prohibits unauthorized hypertext links to the Services or the framing of any content available through the Services. Clear Capital reserves the right to disable any unauthorized links or frames.
    
    
19. Cooperation with Law Enforcement and Regulatory Bodies. We have the right to fully cooperate with any law enforcement authorities, regulatory agencies, or court order requesting or directing Us to disclose the identity or other information of anyone sharing information with Us through the Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND/OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
    
    
20. Miscellaneous Terms.
    1. Term and Termination. You may terminate this Agreement at any time by discontinuing your use of the Services. Please review this Agreement and our Privacy Policy for information about what we do with Your account when terminated.
       
       If Clear Capital has a reasonable belief to suspect that any Information You submit is untrue, inaccurate, not current, or incomplete, Clear Capital has the right to suspend or terminate Your access and refuse Your current or future use of the Services. Notwithstanding anything to the contrary, Clear Capital reserves the right to restrict user access to OwnerInsight for any or no reason, at any time, and without notice and without liability;
       
       In the event of any termination of this Agreement, any provisions which by their nature should continue following termination shall so continue.
    2. Survival of Terms. The terms and conditions providing for any activity following the termination or expiration of the Agreement, any warranties, disclaimers, remedies and any indemnification obligations, and any other provision which, by its terms is intended to survive the termination of the Agreement, shall survive the termination or expiration of the Agreement.
    3. Entire Agreement. This Agreement, along with the Privacy Policy, constitutes the entire agreement between You and Clear Capital relating to Your use of and access to the Services and supersedes any prior or contemporaneous agreements or representations. This Agreement may not be amended except as set forth herein. Any user of Services may be subject to additional terms and services that may apply through the use of affiliate services or third-party sites.
    4. Independent Contractors. The parties and their respective personnel, are and shall be independent contractors and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
    5. Force Majeure. Clear Capital shall not be liable for any failure to perform any services or other obligation related to this Agreement or the Services to the extent that performance of its obligations are delayed or prevented by reason of any act of God, fire, natural disaster, accident, riots, acts of government, shortage of materials or supplies, or any other cause beyond the reasonable control of Clear Capital.
    6. Severability. The provisions of the Agreement are severable. If any provision of the Agreement is declared invalid, illegal or unenforceable by a court of competent jurisdiction, such invalidity, illegality or unenforceability will not affect any other provision of the Agreement, and the remainder of the Agreement will remain entirely in force.
    7. No Waivers. Our failure to enforce or exercise any provision of this Agreement or related right will not constitute a waiver of that right or provision. This Agreement shall not be modified by any course of performance or course of dealing.
    8. No Assignments or Transfers. No rights or obligations under this Agreement may be assigned or transferred by You, either voluntarily or by operation of law, without Our express prior written consent and in Our sole discretion. We reserve the right to transfer, assign, sublicense or pledge this or any part of the Agreement or the Services, without notice and without Your consent.
    9. No Third Party Beneficiaries. Subject to Sections 14 and 15, nothing in this Agreement will confer upon any person or entity, other than the parties, any rights, remedies, obligations, or liabilities whatsoever.
    10. Notices. You shall provide any notices to Us under this Agreement by e-mail or mail using the contact information provided below. Unless You tell Us otherwise, or the law requires otherwise, You agree to receive all communications from Us by e-mail or through posting notices to Your account. You are responsible for providing Clear Capital with up-to-date contact information, which You may do by updating Your account information through the Services or by sending a message to Us via the contact information provided below. You agree that all communications that we send to You electronically satisfy any legal requirement that a communication be in writing. You may print the communications for your records.

If you have any questions about the Agreement please contact us at legal@clearcapital.com or mail us at the following address:

Clear Capital
Attn: Legal Department
10266 Truckee Airport Rd
Truckee, CA 96161