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.
Use Obligations. You agree to the following when using the Services:
You agree You are at least 18 years of age;
You agree to provide true, accurate, current, and complete Information that is requested of You and any property as requested by us;
You agree You have a legitimate business purpose to use the Services, and to request a Submitter provide Information about a property;
You agree to update any Information to keep it true, accurate, current and complete, to the extent permissible;
Clear Capital has the right to suspend or terminate Your access, refuse Your current or future use of the Services, or require corporate users to enter into a separate agreement. 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;
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;
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;
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;
The Services and Reports are provided as-is in the form received from the third party. You agree to determine the fitness of the Services and Reports for Your intended purpose, and shall use the Services in accordance with any applicable local, state, or national law, regulation, or order, including but not limited to, appraiser independence requirements, fair housing obligations, and real estate settlement requirements;
You agree to comply with any disclaimer included in a Report; and
Use Prohibitions. You agree not to:
Intentionally or unintentionally violate any applicable local, state, or national law, regulation, or order;
Use any of Clear Capital’s trademarks without approval;
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;
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;
Download, distribute, export, deliver, or transmit any of the Information in the Reports except as permitted under this Agreement;
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);
Perform any manner of searching, crawling, indexing, scrubbing, spamming or any other method of retrieving or distributing Information or otherwise using the Services for the purpose of archiving, database duplication, re-distributing or re-creating the Services; and
Attempt to, or permit or encourage any third party, to do any of the above.
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) 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.
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.
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.
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 ANY INFORMATION PROVIDED BY THE SUBMITTER, INCLUDING BUT NOT LIMITED TO, ANY BUSINESS DECISION MADE, OR OTHERWISE 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.
Choice of Law and Dispute Resolution. 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, this Agreement or the Services 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 Clear Capital retains the right to bring any suit, action or proceeding for breach of the Agreement in End User’s state or county of residence, or any other state or count. End User waives any and all objections to the exercise of jurisdiction over you by courts and to venue in such courts.
It is the intent of the Parties that any disputes arising under this Contract be resolved expeditiously, amicably, and at the level within each Party's organization that is most knowledgeable about the relevant issues. The Parties understand and agree that the procedures outlined in this Section are not intended to supplant the routine handling of inquiries and complaints through informal contact of the Parties. Accordingly, for purposes of the procedures set forth in this Section, a "dispute" is a disagreement that the Parties have been unable to resolve by the normal and routine channels ordinarily used for resolving problems. Pending the final disposition of a dispute under this Section, other than a dispute arising out of the termination of this Agreement by the End User, the Parties shall, at all times, proceed diligently with the performance of this Agreement. Before either Party seeks any remedies available at law, the Parties shall sequentially follow the procedures set forth below:
The complaining Party will notify the other Party in writing of the reasons for the dispute, and the Parties will work together to resolve the matter as expeditiously as possible. A formal written response will not be required, but the responding Party may put its position in writing in order to clarify the issues or suggest possible solutions.
If the dispute remains unresolved fifteen (15) business days after the delivery of the complaining Party's written notice, a senior representative of End User who has authority to resolve the dispute and Clear Capital (or a representative of Clear Capital who has authority to resolve the dispute) shall meet or participate in a telephone conference call within ten (10) business days of a request for the meeting or conference call by either Party to resolve the dispute.
If the Parties are unable to reach a resolution of the dispute after following these procedures, or if either Party fails to participate when requested, then the Parties may pursue any remedies available under this Agreement or at law.
Each party hereby expressly waives any right to a trial by jury in any action or proceeding brought by or against either party in connection with the Agreement.
Term and Termination. You may terminate this Agreement at any time by discontinuing Your use of the Services. Please review this Agreement 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.
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.
Entire Agreement. This Agreement 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.
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.
Force Majeure. (a) Neither Party shall be responsible for any delay or failure in performance of any part of the Agreement to the extent that such delay is caused by reason of acts of God, wars, revolution, civil commotion, acts of public enemy, embargo, acts of government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing or boycotts, or any other circumstances beyond the reasonable control and not involving any fault or negligence of the delayed Party. If any such condition occurs, the Party delayed or unable to perform upon giving prompt notice to the other Party, shall be excused from such performance on a day-to-day basis during the continuance of such condition (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis during the same period); provided, however, that the Party so hindered or delayed shall use its best reasonable efforts to avoid or remove such condition, and both Parties shall proceed immediately with the performance of their obligations under the Agreement whenever such causes are removed or cease. If force majeure condition continues for more than thirty (30) days, then the Party not so hindered or delayed may terminate the Agreement.
(b) Notwithstanding the is subsection (a), the Parties understand and agree that the Services are provided in part as a response to COVID-19 and agree that COVID-19 shall not apply to this section and for the purposes of the Agreement shall not be considered an act of God, wars, revolution, civil commotion, acts of public enemy, embargo, acts of government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing or boycotts, or any other circumstances beyond the reasonable control.
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.
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.
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.
No Third Party Beneficiaries. Subject to Sections 12 and 13, nothing in this Agreement will confer upon any person or entity, other than the parties, any rights, remedies, obligations, or liabilities whatsoever.
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 firstname.lastname@example.org or mail us at the following address:
Clear Capital Attn: Legal Department 10266 Truckee Airport Rd Truckee, CA 96161