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Terms of Service

Terms of Service

Last Updated 9.29.2025

Please read these Terms of Service (these “Terms”) carefully. These Terms are between you and ClearCapital.com, LLC as well as our affiliates and subsidiaries (collectively “Clear Capital”, “us”, “our”, or “we”), and govern your use of the websites, applications, portals, and electronic communications that link to these Terms (collectively, the “Platform”) and the materials, content, and services available directly or indirectly through the Platform or a third party (collectively, Platform and all related materials, content, products and services are referred to herein as the “Services”). For purposes of these Terms, “you” or “your” means a user of the Services.

YOU AGREE TO BE BOUND BY THESE TERMS WITHOUT ANY MODIFICATION: (I) BY FORMAL SIGNATURE WHEN THE TERMS OF SERVICE ARE REFERENCED; (II) CLICKING ON AN ACCEPTANCE OR “I AGREE” PROMPT ON A PLATFORM SITE; OR (III) ACCESSING OR OTHERWISE USING THE PLATFORM (WHETHER BY LOGIN OR OTHERWISE) TO ORDER THE SERVICES. DO NOT ACCESS OR USE THE SERVICES IN ANY WAY IF YOU DO NOT AGREE TO THESE TERMS.

IF YOU ARE ACCESSING AND USING THE PLATFORM OR SERVICES ON BEHALF OF AN ENTITY OR EMPLOYER, YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO ACT ON BEHALF OF SUCH ENTITY AND TO BIND SUCH ENTITY TO THESE TERMS. CLEAR CAPITAL’S WILLINGNESS TO AGREE TO THESE TERMS IS CONTINGENT ON YOUR ACCEPTANCE OF THESE TERMS WITHOUT MODIFICATION.

ADDITIONAL PRODUCT AND SERVICES INFORMATION AT THE BOTTOM OF THE PAGE IS PART OF THESE TERMS – PLEASE REVIEW CAREFULLY.

IMPORTANT NOTICE: YOUR USE OF THE SERVICES IS SUBJECT TO AN ARBITRATION PROVISION IN SECTION 12, REQUIRING: (I) ALL CLAIMS TO BE RESOLVED VIA INDIVIDUAL BINDING ARBITRATION; AND (II) YOU TO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS.

1. Registration and Eligibility for Services.

a. Registration. You may need to register and create an account in order to utilize the Services features, which will require you to complete the registration process by providing us with complete and accurate information. You shall protect your login credentials and take full responsibility for your own and third-party activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. If you create an account on behalf of an entity, these Terms bind both you and the entity.

b. Refusal of Service. We have the right, with or without notice, to terminate the account of, or refuse service to, any persons that violate these Terms, violate any party’s intellectual property rights, abuse other users of the Services, misuse the Services, or otherwise engage in inappropriate conduct, as determined by us in our sole discretion.

c. Information Submission and Age Restriction. By submitting any information through the Services, you represent and warrant that you are 18 years of age or older, and, if under the age of majority in your state, you are either an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms and use the Services. We do not intend to use the Services to collect any information from children under age 18. Pursuant to 47 U.S.C. § 230(d), you are notified that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. For information on providers of such services, contact your information technology professional.

d. Electronic Communications. By using the Services, you consent to receive electronically all communications or notices sent by us with regard to the Services or these Terms to any phone number or email address you provide. It is your responsibility to update your contact information that you provide to us. 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. We may send communications in text message or a non-electronic format at our discretion. Electronic communications sent to you by us are governed by our Privacy Policy.

e. Consent to Receive Text Messages. 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, such as communications about your account or 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.

2. Revisions to these Terms.

We may revise these Terms from time to time in our sole discretion, and will post the updated Terms to the Platform. Unless otherwise stated in any revised version, any changes to these Terms will apply immediately upon posting. Other than updating the date when last updated at the top of these Terms, we generally will not notify you of any such changes by email or other personal contact, but we reserve the right to do so. You should revisit these terms on a regular basis as revised versions will be binding upon you. Your continued use of these Services will constitute your understanding and agreement to any new provisions within the revised Terms.

3. Ownership and License of the Services; Platform Access and Use; Proprietary Rights.

a. Ownership. All Clear Capital Content is the intellectual property and legal property of Clear Capital. “Clear Capital Content” means and includes, but is not limited to: (i) all products and content included on the Platform or in the context of any related Services provided to you; (ii) all text, graphics, video, logos, audio, interfaces, analyses, and any combination of the foregoing; and (iii) any and all software effectuating the foregoing or otherwise implementing any and all functionality related to the Platform and its related Services. All Clear Capital Content, derivations and compilations of the same, are protected by all applicable U.S. and international copyright laws. The Services and any and all Clear Capital Content may only be used as permitted by Clear Capital in these Terms; all other uses are strictly prohibited.

b. License.

  1.  In consideration of your compliance with these Terms, Clear Capital hereby grants to you a limited, non-exclusive, non-transferable, non-sublicensable, royalty-free license to access and use the Services and access the Platform in accordance with these Terms and any additional terms included in the Services or on the Platform. Except for the rights expressly granted under this section, no other rights or licenses are granted or conveyed to you whether by estoppel, implication, or otherwise.
  2.  Notwithstanding anything in these Terms or any other agreement to the contrary, you grant us an exclusive, transferable, sub-licensable, irrevocable, royalty-free, fully-paid, worldwide, perpetual license to any information you provide to us under these Terms, through the Platform, or relating to the Services (“Submitted Content”). You warrant that: (i) you have the right to submit or authorize submission of all Submitted Content to us; (ii) we will not need to obtain licenses from any third party or pay royalties to any third party for our use of Submitted Content; (iii) Submitted Content does not and will not violate, misappropriate, or infringe any third party copyrights, trademarks, rights of privacy and publicity, trade secrets, patents, or other intellectual property rights; (iv) you have obtained all licenses and consents necessary to provide Submitted Content and any other information to us; and (v) Submitted Content uploaded to us is not discriminatory, obscene, threatening, libelous, hateful, or otherwise unlawful or tortious. This license does not impact anyone’s legal obligations or otherwise impact your rights under these Terms.
 

c. Use of the Services. You are not permitted to use, share or transfer access to the Services in excess of the usage limitations set forth in these Terms or in any manner not expressly authorized by these Terms or applicable law. Your authorization to access and use the Services is automatically revoked if you violate these Terms. Clear Capital reserves the right to revoke your authorization to access or use the Services at any time for any reason. Your access to these Services is provided on a temporary basis with no guarantee for future availability. You agree not to rely on any of the Services as a guarantee of value and/or condition regarding real property, and the Services may not be relied on by any other parties.

You will use the Services for internal purposes only; however, you are not prohibited from disclosing a particular instance of the Services to an investor in connection with the sale of a loan to which that instance of the Services relates; provided that any such recipient shall be responsible for complying with the restrictions and obligations, including compliance with applicable laws, under these Terms. In addition, you may provide the Services to a Processor, provided that such Processor shall only use the Services to fulfill its processing obligation to you and shall not use the Services for its own purposes or on behalf of any third party. “Processor” means an independent entity that processes data or associated loan files on behalf of you to provide loan processing or loan underwriting services. You shall inform any permitted recipient under this section of the foregoing restrictions and obligations and shall be liable to and indemnify Clear Capital against any claim resulting from a violation of such restrictions and obligations by any permitted recipient.

d. Services Availability. We reserve the right to withdraw or amend the Services, and any service or material we provide on the Platform, in our sole discretion without notice. We do not represent, warrant, or guarantee that the Services will: (i) always be available or are completely free of human or technological errors; or (ii) operate with your computer, mobile device, internet service plans, or mobile provider service plans or with any particular computer or other piece of hardware, software, equipment, or device you install on or use with your computer. We will not be liable if, for any reason, all or any part of the Platform is unavailable at any time or for any period.

e. 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. Based on your mobile device settings, when your mobile device is connected to the internet either: (i) the Platform application will automatically download and install all available Updates; or (ii) you may receive notice of or be prompted to download and install available Updates. You agree that: (i) You will promptly download and install all Updates and acknowledge and agree that the Platform application or portions of it may not properly operate if you fail to do so; (ii) all Updates will be deemed part of the Platform application and be subject to all terms and conditions of these Terms; and (iii) we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

f. Security. No data transmission over the Internet can be guaranteed to be 100% safe. Thus, we cannot guarantee that your information will be absolutely secure, and you understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Platform will be free of viruses or other destructive code. You agree that You are solely responsible for: (i) the security, confidentiality and integrity of all information that you receive, transmit through or store on the Platform, including your account information; (ii) implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Platform for any reconstruction of any lost data; and (iii) any authorized or unauthorized access and use of your account by any person.

In order to protect the integrity of the Services, 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 mechanisms put in place by us to limit, restrict, or prevent access to the Services.

4. Pricing and Payment.

a. Offerings and Pricing. We reserve the right to make changes in price or availability of any new or current Services at any time and for any reason, with or without notice and without any liability whatsoever. You understand and agree that certain aspects of the Services may warrant higher fees due to certain requirements, complexity of such Services, the property location or other factors. If you cancel an order after it is submitted, Clear Capital reserves the right to charge a cancellation fee.

b. Payment. You agree to pay all fees charged for the Services you purchase. If Clear Capital permits payment for the requested Services via invoice, then you agree that you will pay us within thirty (30) days after the date of the applicable invoice. Any payment not made within such period shall incur interest to be calculated from the due date up to and until the date of payment at a rate of ten (10) percent per annum. Clear Capital may also permit, to the extent applicable and at its sole discretion, the use of credit or debit cards (herein referred to as a “Payment Card”) as payment for the Services, and such payment will be made via Clear Capital’s third party service provider. A 3% charge shall be added to all payments made with a Payment Card. You are responsible for complying with any applicable legal requirements (e.g., PCI) relating to card payment obligations. Clear Capital shall be reimbursed for any collection fees we incur in recovering unpaid fees and charges, and shall be entitled to a reasonable award of attorney’s fees in the event that any collection action is filed. Notwithstanding the foregoing, Clear Capital shall be entitled to immediately suspend its performance of any Services hereunder, and to terminate Customer’s account access, in the event of Customer’s failure to pay Clear Capital’s fees pursuant to this Section 4.

5. Your Representations; Restrictions on Use of Services.

a. You represent and warrant to us that:

  1. You are at least 18 years of age;
  2. Your 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;
  3. You will use the Services solely and exclusively for your appropriate uses and benefits;
  4. All information provided by you to us is truthful, accurate and complete;
  5. You are an authorized signatory of the Payment Card, ACH account or other payment method, if any, provided to Clear Capital to pay the fees, taxes, purchase prices, and other charges, or, to the extent you are authorized to request that Clear Capital invoice the borrower directly for payment for Services, you will obtain and retain proper authorization confirming you: (1) explained to the borrower that they will be invoiced directly by Clear Capital for the Services; and (2) obtained proper authorization from the borrower for Clear Capital to send the borrower an invoice by e-mail;
  6. You have provided and will maintain accurate and complete registration information with Clear Capital, including, without limitation, your legal name, address and telephone number;
  7. You will provide the equipment and Internet connections necessary to access the Services at your own expense.
  8. You will disclose Clear Capital’s confidential or proprietary information only to those of your employees, agents or contractors who need to know such information and who are subject to similar confidentiality obligations;
  9. You will comply with all applicable legal requirements related to your use of the Services; and
  10. You will comply with all the terms and conditions of these Terms.
 

b. In addition to complying with any other posted terms and conditions applicable to your use of the Services, you agree that when using the Services, you will not:

  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;
  2. 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;
  3. Harm any person(s) in any way;
  4. Use the Services or any Clear Capital Content in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, or other proprietary or property right, false advertising, telemarketing, unfair competition, defamation, invasion of privacy, rights of celebrity, or other federal or state law, rule, or regulation, or otherwise use the Services in a negligent manner;
  5. Rely solely on any Services received from Clear Capital in connection with any purchase, sale or valuation decision, but will conduct your own due diligence, consider other sources of information and carefully consider any such decision;
  6. Sell, license, publish, display, copy, distribute or otherwise make available any products, except as expressly permitted by Clear Capital;
  7. Delete, modify, or attempt to change or alter any Clear Capital Content or notices on the Services;
  8. 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, Clear Capital Content, or any third parties, or perform any such actions;
  9. Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Platform;
  10. Use the Services to commit fraud or conduct other unlawful activities or to impersonate any person or otherwise falsely state or misrepresent your relationship with a person;
  11. Access or use the Services in order to gain competitive intelligence about Clear Capital, the Services, or any offer product or service or to otherwise compete with Clear Capital;
  12. Access or attempt to access any other person’s account, information, or content without permission;
  13. 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;
  14. Copy, modify, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which the Services is based or the Services themselves;
  15. Use the Services for the development of any software program, including, but not limited to, training a machine learning or artificial intelligence (AI) system.
  16. Use any bot, spider, or other automatic or manual device or process for the purpose of harvesting or scraping the information contained in the Services for any reason;
  17. Frame or mirror any part of the Services;
  18. Connect to or access any Clear Capital computer system or network without authorization;
  19. Use any of Clear Capital’s trademarks without approval, or remove or modify any copyright, trademark, or other intellectual property notice that appear on or with the Services;
  20. Use the information in the Services to create or sell a similar service, or otherwise use the Services to create derivative products or derivative works;
  21. Resell, disseminate, rent, share, duplicate, copy, sell, transfer, trade, redistribute, re-provision, charge, sub-license, reproduce or publish the Services or any portion thereof, including any Clear Capital Content;
  22. Archive any products, or any portion thereof, to: (a) create, directly or indirectly, any real estate database compilation for commercial exploitation, or competitive product; (b) duplicate, replace, or reduce your requirements for products or Services; or (c) incorporate archived products into your products or services, except to the extent such incorporated products supplement a currently ordered Product; or
  23. Attempt to, or permit or encourage any third party, to do any of the above.
 

6. Your Privacy.

The Services are governed by, as applicable, the current version of the Clear Capital Privacy Policy which you can access here. The terms of the Privacy Policy are expressly incorporated into these Terms. Please read the Privacy Policy before accessing the Services or providing any personal information through the Services.

7. Disclaimer of Warranties.

EXCEPT AS WE OTHERWISE EXPRESSLY PROVIDE IN THIS PARAGRAPH, THE SERVICES AND ALL RELATED SERVICES OF CLEAR CAPITAL ARE PROVIDED “AS IS”. USE OF THE SERVICES IS AT YOUR SOLE RISK. WE, OUR THIRD-PARTY LICENSORS, AND BUSINESS PARTNERS DO NOT WARRANT OR MAKE ANY PROMISES REGARDING THE CORRECTNESS, USEFULNESS, ACCURACY, AVAILABILITY, OR RELIABILITY OF: (i) YOUR USE OR THE RESULTS OF YOUR USE OF THE SERVICES; (ii) ANY ADVICE YOU GLEAN FROM THE SERVICES WHETHER PROVIDED BY US OR A THIRD PARTY; OR (iii) ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICES. WE DO NOT PROMISE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE GIVE NO WARRANTY OF ANY KIND, INCLUDING ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WE, OUR THIRD-PARTY LICENSORS, AND BUSINESS PARTNERS WILL HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY COMMUNICATION, OR CONTENT. WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY CONCERNING ERRORS, OMISSIONS, DELAYS, OR DEFECTS IN THE SERVICES OR ANY INFORMATION SUPPLIED TO YOU VIA THE SERVICES, OR THAT FILES AVAILABLE THROUGH SERVICES ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT INCLUDE OR MANIFEST CONTAMINATING OR DESTRUCTIVE CHARACTERISTICS. CLEAR CAPITAL IS NOT A BACKUP SERVICE FOR STORING YOUR DATA, AND CLEAR CAPITAL SHALL HAVE NO LIABILITY REGARDING ANY LOSS OF YOUR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACKUPS OF ANY OF YOUR DATA UPLOADED USING THE ONLINE SERVICES.

WHILE CLEAR CAPITAL USES COMMERCIALLY REASONABLE EFFORTS TO UPDATE THE SERVICES IN ACCORDANCE WITH CONTINUALLY CHANGING LAWS, CODES, STANDARDS, REQUIREMENTS AND REGULATIONS (COLLECTIVELY, “LAWS”), INFORMATION AND FORMS, YOU MUST ALWAYS EXAMINE THE MOST CURRENT LAWS, INFORMATION AND FORMS TO ENSURE THAT YOU ARE IN FULL COMPLIANCE WITH ANY AND ALL APPLICABLE LAWS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERS, CLEAR CAPITAL DOES NOT WARRANT THAT USE OF THE SERVICES WILL RESULT IN YOUR COMPLIANCE WITH ANY APPLICABLE LAWS, AND YOU UNDERSTANDS AND ACKNOWLEDGES THAT YOU ARE SOLELY RESPONSIBLE FOR ENSURING ITS COMPLIANCE WITH ANY AND ALL APPLICABLE LAWS. BY PROVIDING THE SERVICES, CLEAR CAPITAL IS NOT PROVIDING YOU WITH LEGAL ADVICE.

THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THESE TERMS. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THESE DISCLAIMERS MAY NOT APPLY TO YOU.

8. Limitation of Liability.

a. Services and Related Conduct. NEITHER CLEAR CAPITAL, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, BUSINESS PARTNERS, LICENSORS, EMPLOYEES, ASSIGNEES, OR SUCCESSORS-IN-INTEREST (COLLECTIVELY, THE “CLEAR CAPITAL PARTIES”), WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS, DEMANDS, OR CAUSES OF ACTION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS OR LOSS OF GOODWILL OR BUSINESS REPUTATION OR LOSS OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES OR OTHER INTANGIBLE LOSS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, RELATING TO THESE TERMS, YOUR USE OF THE SERVICES, OR ANY INFORMATION YOU OBTAIN ON IT, OR ANY OTHER INTERACTION WITH THE SERVICES, AND YOU VOLUNTARILY AND UNEQUIVOCALLY WAIVE ANY LIABILITY OF THE CLEAR CAPITAL PARTIES. FURTHER, CLEAR CAPITAL SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO YOU AS A RESULT OF: (A) THE USE OF OR INABILITY TO USE THE SERVICES; (B) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER CAUSED BY YOUR ACCESS TO, USE, OR MISUSE OF THE SERVICES; (C) 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; (D) 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); (E) THE DELETION OF, CORRUPTION OF, OR FAILURE TO CURE, ANY CONTENT, DATA, INFORMATION AND/OR OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; OR (F) YOUR FAILURE TO PROVIDE CLEAR CAPITAL WITH ACCURATE INFORMATION. CLEAR CAPITAL IS NOT AN INSURER WITH REGARD TO PERFORMANCE OF THE SERVICES. THE DISCLAIMER OF WARRANTIES AND THE LIMITATION OF LIABILITY AND REMEDY ARE A REFLECTION OF THE RISKS ASSUMED BY THE PARTIES IN ORDER FOR YOU TO OBTAIN THE RIGHTS TO USE THE SERVICES AT THE SPECIFIED PRICE, IF ANY. YOU AGREE TO ASSUME THE RISK FOR: (i) ALL LIABILITIES DISCLAIMED BY CLEAR CAPITAL CONTAINED HEREIN; AND (ii) ALL ALLEGED DAMAGES IN EXCESS OF THE AMOUNT, IF ANY, OF THE LIMITED REMEDY PROVIDED HEREUNDER. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES WILL BE TO STOP USING THE SERVICES.

b. Clear Capital’s Maximum Liability for Any Claim. IN ANY EVENT, THE MAXIMUM TOTAL LIABILITY OF THE CLEAR CAPITAL PARTIES, AND YOUR SOLE REMEDY FOR ANY CLAIM WHATSOEVER RELATING IN ANY WAY TO THESE TERMS OR YOUR USE OF THE SERVICES OR PURCHASE OF A PRODUCT THROUGH THE SERVICES OR YOUR USE OF ANY SUCH PRODUCT, INCLUDING CLAIMS FOR BREACH OF CONTRACT, TORT (INCLUDING, NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, SHALL BE AN AWARD FOR DIRECT, PROVABLE DAMAGES NOT TO EXCEED ONE HUNDRED U.S. DOLLARS ($100.00 USD) OR THE COST OF THE PRODUCT ORDERED, WHICHEVER IS LESS. YOU WILL NOTIFY CLEAR CAPITAL WITHIN THIRTY (30) DAYS OF DELIVERY IF YOU BELIEVE THAT ANY PRODUCT OR SERVICE IS DEFECTIVE, INCORRECT, NEGLIGENTLY PREPARED OR UNFIT FOR ITS AUTHORIZED USE.

9. Indemnification.

a. To the fullest extent permitted by applicable law, you agree to hold harmless, indemnify, and defend us from and against any and all claims (including liabilities, fines, damages, losses, costs, expenses, and reasonable attorneys’ fees) arising out of or relating to: (i) your access to and/or use of the Services; (ii) your breach of any term or condition of these Terms; (iii) your violation of any law or the rights of a third party; (iv) any dispute or issue between you and a third party; (v) any information you provide through the Services; (vi) your willful misconduct; (vii) your acts or omissions during use of the Services; or (iv) your unauthorized acts or omissions during use of the Services.

b. You will have the right to defend and compromise such claim at your expense for the benefit of the Clear Capital Parties; provided, however, you will not have the right to obligate the Clear Capital Parties in any respect in connection with any such settlement without the written consent of the Clear Capital Parties; provided, further, Clear Capital will have the right to participate in the defense of such claim at its expense using counsel of its choice. Notwithstanding the foregoing, if you fail to assume your obligation to defend or if Clear Capital elects to defend such claims itself, the Clear Capital Parties may do so to protect their interests and you will reimburse all costs incurred by the Clear Capital Parties in connection with such defense.

c. We shall have no indemnification obligations to you hereunder.

10. Dispute Resolution.

a. Choice of Law. The validity, construction, and effect of these Terms 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, these Terms 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 Washoe County, Nevada, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms 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.

b. Arbitration Procedure. If you have any issues or dispute with us, 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, these Terms (including formation, performance, breach, enforceability, arbitrability, and validity of these Terms), our operation of the Services, or a purchase made through the Services shall be resolved by final and binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association. 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 these Terms, including any claim that all or any part of these Terms 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. The arbitrator will not have the power to multiply actual damages or award consequential, punitive or exemplary damages, and we each irrevocably waive any claim thereto.

c. 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.

d. Limitation on Claims. No action arising under these Terms may be brought by you more than one (1) year after the cause of action has accrued.

e. Injunctive Relief. Without prejudice to the agreement to resolve disputes in binding arbitration set forth above, either party to these Terms may obtain preliminary injunctive relief in a court of competent jurisdiction, for the purpose of enforcing any of the terms of these Terms pending a final determination in arbitration or permanent relief for the purpose of enforcing arbitral awards.

11. Digital Millennium Copyright Act Procedure.

a. In the event you become aware of any material on the Platform 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 us 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 that you have authority to make such a statement; and
  6. 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 are authorized to act on the copyright’s owner’s behalf.
 

b. The foregoing information shall be sent to the following address: legal@clearcapital.com with the Subject Line “DMCA Notification”.

12. 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 Services. YOU WAIVE AND HOLD HARMLESS CLEAR CAPITAL AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CLEAR CAPITAL 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 CLEAR CAPITAL OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

13. Other Agreements with Us; Third Party Websites and Services.

a. Unless expressly stated otherwise, your purchase or use of any products purchased may be subject to additional terms that will be reflected on the product, and you agree to comply with those additional terms. To the extent that any limitations included on a product conflict with these Terms, the limitations included on the product shall govern. If you enter with us into a separate agreement, order form, or statement of work with payment or product specific terms (“Separate Agreement”), then such Separate Agreement shall apply solely with respect to those Services included thereunder. If there is a conflict between an applicable term in this Agreement and the Separate Agreement, then the Separate Agreement will control with respect to that specific term as it relates to your use of that Service or portion thereof.

b. The Services may use or provide access to one or more third parties to process payments, process account or user registrations, or provide other services. Your interactions with any of these third parties is controlled by the terms and conditions imposed by those third parties. Any disputes arising out of or relating to a third party’s services must be resolved directly between you and the third party. Clear Capital disclaims all warranties or representations regarding any third-party services. Clear Capital, in its sole discretion, and without notice to you or any user, may subcontract any services related to the Services to be performed by a third party.

c. 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 third party website, and you enter any such website at your own risk. 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 links or frames.

  1. Some of the Services include Google Maps features and content, and your use of Google Maps features and content is subject to the then-current versions of the: (1) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html; and (2) Google Privacy Policy at https://www.google.com/policies/privacy/.
  2. Some of the Services allow you to use Stripe Connect to make purchases, which may require additional processing or application fees that are detailed when you connect to Stripe. Your use of Stripe is subject to the then-current versions of the: (1) Stripe Connected Account Agreement at https://stripe.com/connect-account/legal; and (2) Stripe’s Restricted Businesses at https://stripe.com/restricted-businesses.
 

d. If there is a conflict between an applicable term in this Agreement and those in any terms of any third party, then the terms of this Agreement will control with respect to that specific term as it relates to your use of that Service or portion thereof.

14. Miscellaneous Terms.

a. Term and Termination. These Terms will remain in full force and effect until you or we terminate access to these Terms the Services, or provide notice of termination; however, you will not be entitled to any refund of any prepaid amounts. Please review these Terms and our Privacy Policy for information about what we do with your account when terminated. We may terminate your account, suspend your ability to use certain portions of the Services and/or ban you altogether from the Services for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Services, your user content, other content in the Services, or any other related information.

b. Survival of Terms. The terms and conditions providing for any activity following the termination or expiration of these Terms, any warranties, disclaimers, remedies and any indemnification obligations, and any other provision which, by its terms is intended to survive the termination of these Terms, shall survive the termination or expiration of these Terms.

c. Complete Agreement. These Terms, along with the Privacy Policy, and any applicable terms listed on a product, constitutes the entire agreement between you and us relating to your use of, and access to, the Services and supersedes any prior or contemporaneous agreements or representations.

d. Independent Contractors. The parties and their respective personnel, are and shall be independent contractors and neither party by virtue of these Terms shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.

e. Force Majeure. We shall not be liable for any failure to perform any services or other obligation related to these Terms 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, pandemic, epidemic, accident, riots, acts of government, shortage of materials or supplies, or any other cause beyond our reasonable control.

f. Severability. The provisions of these Terms are severable. If any provision of these Terms is declared invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision of these Terms, and the remainder of these Terms will remain entirely in force.

g. No Waivers. Our failure to enforce or exercise any provision of these Terms or related right will not constitute a waiver of that right or provision. These Terms shall not be modified by any course of performance or course of dealing.

h. No Assignments and Transfers. No rights or obligations under these Terms 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 these Terms or the Services, without notice to you and without your consent.

i. No Third Party Beneficiaries. Nothing in these Terms will confer upon any person or entity, other than the parties, any rights, remedies, obligations, or liabilities whatsoever.

j. Notices. You shall provide any notices to us under these Terms by e-mail or mail using the contact information 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 agree: (i) to provide us 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; and (ii) 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.

k. Audit Obligations. Upon written request, we may provide a link to our trust center that provides an overview of our information security, operational, and compliance practices. We are not obligated to support any additional audit requirements you may have, and can deny any additional request at our sole discretion.

l. Contact Us. If you have any questions or need to contact us for any reason relating to these Terms, please e-mail: legal@clearcapital.com or write to us at: Clear Capital, Attn: General Counsel, 300 E 2nd St, Ste 1405, Reno, NV 89501.

PRODUCT AND SERVICES INFORMATION

    1. A product that provides an opinion of value may not be available in all states. Please contact us for additional information.
 
    1. An automated valuation model (AVM) report 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. An AVM was produced solely for the benefit and use of the party ordering the report in accordance with their agreement with Clear Capital or their agreement with Clear Capital’s customer.
 
    1. To the extent an available product reflects the professional or logical (in the case of automated valuations) estimate of the value and/or condition of the subject property, it is not intended as any guarantee of value and/or condition and should not be relied on as such.
 
    1. Except as expressly provided in a product, any available product is not an appraisal of the market value of the property, has not been performed in accordance with the Uniform Standards of Professional Appraisal Practice, and should not be relied on as such.
 
    1. For any available data or automated (non-field) product or service, although the information in such product has been derived from sources that are deemed to be reliable, the information may be inaccurate or incomplete, and electronic versions of this report may contain additional information not included herein – the analysis has been generated on an automated basis from available data and did not include a physical inspection of the applicable property or neighborhood; therefore, no guarantees or warranties are made as to the accuracy of this report, the characteristics, condition or existence of the property, or any other information included in the analysis.
 
    1. To the extent you order any product that is subject to the valuation independence requirements found in the Truth in Lending Act and its corresponding regulations, state laws and regulations, or the requirements of government sponsored enterprises, and/or any related provisions (collectively “Evaluator Independence Requirements”), you represent and warrant to Clear Capital that such orders will be in full compliance with all applicable provisions of the Evaluator Independence Requirements and that any individuals authorized by you to place or receive are permissible parties under the Evaluator Independence Requirements. You will not have any communications or take any actions otherwise in violation of the Evaluator Independence Requirements. Clear Capital will provide you with a copy of its internal procedures relating to the Evaluator Independence Requirements compliance upon request. You and Clear Capital agree to reasonably cooperate with each other to demonstrate compliance with the Evaluator Independence Requirements where applicable.
 
    1. Federal law prohibits an appraisal management company from performing appraisal management services for federally related transactions in a State (defined as the 50 states, District of Columbia, and the territories of Guam, Mariana Islands, Puerto Rico, and the U.S. Virgin Islands) in which Clear Capital is not or cannot be registered by August 10, 2019. A State that does not register appraisal management companies is considered a “non-registering state.” Clear Capital can continue to provide appraisal services in non-registering states for non-federally related transactions as well as non-appraisal services for all transactions. You understand this restriction and agree not to place an order for appraisal services for a federally related transaction in a non-registering state. Our current AMC license/registration list is available here.
 
    1. To the extent you order any appraisal product that is subject to appraisal management company (“AMC”) regulations in the State of California, Clear Capital acknowledges that as standard business practices with respect to such orders it: (a) ensures that independent appraisers contracted by Clear Capital possess the required licenses and certificates from the appropriate state licensing office; (b) reviews the work of all independent contractor appraisers to ensure that appraisal services are performed in accordance with the Uniform Standards of Professional Appraisal Practice; and (c) maintains records of the following for each service requested: (1) date of receipt of request; (2) name of the person from whom the request was received; (3) name of the client for whom the request was made, if different from the name of the person from whom the request was received; (4) name of the appraiser or appraisers assigned to perform the contracted service; and (5) date of delivery of the appraisal product to the client.
 
  1. To the extent you order the automated property condition report (“aPCR”) product, you agree to the following additional terms and conditions.