Last Updated October 9, 2018

Thank you for purchasing products, services, and data (collectively, the “Product”) from ClearCapital.com, Inc. (“Clear Capital®”). By selecting that you (“Customer”) have read and agree to the terms and conditions on our website, you agree to these terms of use, except as otherwise may be agreed to in writing. “ClearAVM” means the proprietary automated property valuation product named ClearAVM owned and developed by Clear Capital. Please review these terms carefully. You must agree to these terms of use prior to each purchase of any Clear Capital product so that you are aware of any changes. 

Access to Your Account: The content of this website is the property of Clear Capital. All tools, data, interfaces, and user interface concepts (hereafter referred to as “’Methods”’) that make up this website are considered trade secrets of Clear Capital. Any Clear Capital customer that in any manner improperly reveals Clear Capital Methods to any person or group of persons that has not been authorized to receive such information may have its account suspended without regard to outstanding products. Customer will be liable for any loss of revenue incurred by Clear Capital that directly or indirectly was the result of unauthorized disclosure of Clear Capital’s Methods or allowing unauthorized access to a ClearCapital.com Account. Clear Capital is not responsible for any loss of revenue caused by the inability to access the tools at www.ClearCapital.com. The website and its Methods are provided as a free service to distribute previously purchased Loan Valuation data. The use of the site may be suspended at any time without notice by Clear Capital management.

Grant of License & Intellectual Property Rights: Customer is granted a limited, revocable, non-exclusive, non-transferable license to use Products for its own account, according to the terms and conditions of this Agreement, and any additional limitations described in the Product. Products are the sole and exclusive property of ClearCapital. Customer agrees that Clear Capital reserves all rights in any Product. Customer will have no title or ownership interest in Product or any copies.

Compliance with Law: Customer shall use Product in compliance with all applicable federal, state, and local laws and regulations, including but not limited to fair lending and valuation use requirements. 

Restrictions on Use: Customer will not use Product for any purpose, or disclose Product, except as expressly permitted by these Terms of Use and any additional terms included with the Product. Except as otherwise provided for in these Terms of Use, Customer shall not reverse engineer, modify, summarize, add to, delete or disassemble Product or decompile, translate, modify such data, or create derivative products from Product or allow any other person or entity to do so.  Nothing contained in these Terms of Use will be deemed to transfer to Customer any ownership or other proprietary interest in Product or in any Clear Capital trademarks, patents or other intellectual property related thereto. 

ClearAVM is not an appraisal of the market value of the property, and does not include a physical or visual inspection of the property or its neighborhood. ClearAVM is produced solely for the benefit and use of Customer in accordance with these Terms of Use. No other party (including, but not limited to, a homeowner or potential or actual home purchaser) may rely on any information included in this report. Unless otherwise specifically agreed to in writing, the intended purpose of ClearAVM is to assist the party ordering this report in making decisions within the scope of applicable statutory and regulatory requirements. Clear Capital shall have no liability to any third party receiving a copy of this report for any claim related to any information contained in this report.

ClearAVM will reflect the logical estimate of the value and/or condition of the subject property, but is not intended as any guarantee of value and/or condition and should not be relied on as such. Customer agrees that it will not rely solely on data received from Clear Capital in connection with any purchase, sale or valuation decision, but will conduct its own due diligence, consider other sources of information and carefully consider any such decision.

Use of Our Proprietary and Confidential Information: Customer agrees that it will not make use of, disseminate, or in any way disclose Clear Capital’s confidential or proprietary information to any person, firm or business, except as authorized by Clear Capital in writing. Customer agrees that it will disclose Clear Capital’s confidential or proprietary information only to those of its employees, agents or contractors who need to know such information and who are subject to similar confidentiality obligations.

Clear Capital’s customers may use Product distributed ONLY AFTER it has been downloaded from the ClearCapital.com website and saved in a non-temporary location on Customer’s computer and/or network in a provided download format.

Payment: Payment is due immediately upon submission of an order. Clear Capital shall be reimbursed for any collection fees it incurs in recovering unpaid fees and charges, and shall be entitled to a reasonable award as attorney’s fees in the event that any collection action is filed. If payment is made by credit card, Customer authorizes the payment vendor selected by Clear Capital to process any payment for services. 

Disclaimer: THERE ARE NO WARRANTIES IN THESE TERMS OF USE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE CONCERNING MERCHANTABILITY, TITLE OR FITNESS FOR A PARTICULAR PURPOSE.  NO REPRESENTATION OR STATEMENT NOT EXPRESSLY CONTAINED IN THESE TERMS OF USE WILL BE BINDING AS A WARRANTY.  EXCEPT AS IS OTHERWISE EXPRESSLY STATED HEREIN, THE AVM PRODUCTS ARE PROVIDED “AS IS” AND ALL USES THEREOF ARE AT THE RISK OF CUSTOMER.  WITHOUT LIMITING THE DISCLAIMER IN THIS SECTION, CLEAR CAPITAL DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCTS WILL BE ERROR FREE IN ALL CIRCUMSTANCES.

Limitation of Liability:

(a) IN NO EVENT WILL CLEAR CAPITAL BE LIABLE TO CUSTOMER OR ANY OTHER INDIVIDUAL OR ENTITY FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, ARISING OUT OF OR RELATING IN ANY MANNER TO THESE TERMS OF USE, THE TERMINATION OF THESE TERMS OF USE OR THE PERFORMANCE OR NONPERFORMANCE OF CLEAR CAPITAL’S OBLIGATIONS HEREUNDER, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EVEN IF CLEAR CAPITAL IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. CLEAR CAPITAL SHALL HAVE NO INDEMNIFICATION OBLIGATIONS TO CUSTOMER HEREUNDER. 

(b) NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, IN NO EVENT WILL THE AGGREGATE LIABILITY OF CLEAR CAPITAL ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THESE TERMS OF USE EXCEED THE TOTAL FEE EXPENDED BY CUSTOMER FOR THE PRODUCT. FOR PURPOSES OF THIS SECTION, THE TERM AGGREGATE LIABILITY WILL INCLUDE, WITHOUT LIMITATION, ATTORNEYS’ FEES.

Indemnification: Customer agrees to indemnify, defend and hold harmless Clear Capital from and against any actions, claims, demands, or administrative proceedings brought by third persons or entities arising out of any violations of these terms of use and any other errors or omissions by the Customer in connection with its use of Product.

Arbitration: Customer and Clear Capital agree that any legal disputes which cannot be resolved informally between them, other than collection actions initiated by Clear Capital or actions to enforce a party’s confidentiality obligations, will be resolved exclusively through final and binding arbitration in Truckee, California conducted under the auspices of Judicial Arbitration and Mediation Services, Inc., Sacramento, California (“JAMS”), pursuant to JAMS’ Comprehensive Arbitration Rules and Procedures. The terms of use will be governed by California law.