Terms of Service

Effective Date: June 1, 2016

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

Revisions

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

Use of Services

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

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

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

We will take reasonable measures to verify your identity. You authorize us to make
any inquiries we consider necessary to validate your identity. These inquiries
may include asking you for further information, requiring you to provide your
full address or your social security number, and/or requiring you to take steps
to confirm ownership of your email address or financial instruments, ordering a
credit report, or verifying information you provide against third party
databases or through other sources. If Neat Loans is unable to adequately
verify your identity, as determined by us in our sole discretion, we can refuse
to allow you to use the Services.

Third-Party Information

When you import Third-Party Information, you will be connected to the third-party
website that maintains such Third-Party Information (“Third-Party Website”). Neat
Loans will submit information, such as usernames and passwords, that you
provide to log into the Third-Party Website (such information comprising a
“Third-Party Login”). You hereby authorize and permit Neat to use and store
Third-Party Logins submitted by you to accomplish the foregoing. For purposes
of these Terms and solely to import Third-Party Information from the
Third-Party Website pursuant to your request, you grant us a limited power of
attorney, and appoint Neat Loans as your attorney-in-fact and agent, to access
the Third-Party Website, retrieve the Third-Party Information and use the
Third-Party Information with the full power and authority to do and perform
each thing necessary in connection with such activities, as you would do
yourself. 

YOU ACKNOWLEDGE AND AGREE THAT WHEN NEAT LOANS IS ACCESSING AND
RETRIEVING THIRD-PARTY INFORMATION FROM ANY THIRD-PARTY WEBSITE, NEAT LOANS IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT MAINTAINS THE WEBSITE. 

Your access to the Third-Party Information is governed solely by the agreement between you and the operator of the Third-Party Website. If you import Third-Party Information, you are responsible for ensuring that such action complies with the applicable terms of service
between you and the Third-Party Website. Neat Loans cannot always foresee or
anticipate technical or other difficulties which may result in failure to obtain data or loss of data or other service interruptions. We assume no
responsibility for the timeliness, accuracy, deletion, non-delivery or failure
to store any user data, communications or personalization settings of
Third-Party Websites.

Content and Content
Rights

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

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

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

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

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

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

DMCA
Designated Agent

Phone:
888-210-5232

Email: help@neatloans.com

Neat
Loans Inc.

2560
55th Street #101

Boulder,
CO 80301

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

To be effective, the Notification must include the following:

  • A physical or electronic
    signature of a person authorized to act on behalf of the owner of an
    exclusive right that is allegedly infringed.
  • Identification of the
    copyrighted work claimed to have been infringed, or, if multiple
    copyrighted works at a single online site are covered by a single
    notification, a representative list of such works at that site.
  • Identification of the material
    that is claimed to be infringing or to be the subject of infringing
    activity and that is to be removed or access to which is to be disabled,
    and information reasonably sufficient to permit Neat Loans to locate the
    material.
  • Information reasonably
    sufficient to permit Neat Loans to contact the complaining party, such as
    an address, telephone number, and, if available, an email address.
  • A statement that the
    complaining party has a good faith belief that use of the material in the
    manner complained of is not authorized by the copyright owner, its agent,
    or the law.
  • A statement that the information
    in the notification is accurate, and under penalty of perjury, that the
    complaining party is authorized to act on behalf of the owner of an
    exclusive right that is allegedly infringed.

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

Notifications

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

Prohibitions

You agree not to do any of the following:

  • upload, submit, import or
    transmit any User Content that: (i) infringes, misappropriates or violates
    a third party’s patent, copyright, trademark, trade secret, moral rights
    or other intellectual property rights, or rights of publicity or privacy;
    (ii) violates any applicable law or regulation or would give rise to civil
    liability; or (iii) is fraudulent, false, misleading or deceptive;
  • use, display, mirror or frame
    (i) the Services or any individual element within the Services; (ii) Neat Loans’
    name, any Neat Loans trademark, logo or other proprietary information; or
    (iii) the layout and design of any page or form contained on a page,
    without Neat Loans’ express written consent;
  • access, tamper with, or use
    non-public areas of the Services, Neat Loans’ computer systems or the
    technical delivery systems of Neat Loans’ third-party providers and
    licensors;
  • attempt to probe, scan or test
    the vulnerability of any Neat Loans system or network or breach any
    security or authentication measures;
  • avoid, bypass, remove,
    deactivate, impair, descramble or otherwise circumvent any technological
    measure implemented by Neat Loans or any of Neat Loans’ third-party
    providers or licensors to protect the Services or Content;
  • attempt to access or search the
    Services or Content or download Content from the Services through the use
    of any engine, software, tool, agent, device or mechanism (including
    spiders, robots, crawlers, data mining tools or the like) other than the
    software and/or search agents provided by Neat Loans or other generally
    available third-party web browsers;
  • attempt to decipher, decompile,
    disassemble or reverse engineer any of the software used to provide the
    Services or Content;
  • interfere with, or attempt to
    interfere with, the access of any user, host or network, including,
    without limitation, sending a virus, overloading, flooding, spamming, or
    mail-bombing the Services;
  • violate any applicable law or
    regulation; or
  • encourage or enable any other
    individual to do any of the foregoing.

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

Links to Third-Party
Websites

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

Termination

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

Warranty Disclaimers

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

Indemnity

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

Limitation of Liability

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

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

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

Dispute Resolution

These
Terms and any action related thereto will be governed by the laws of the State
of Colorado without regard to its conflict of laws provisions. You and we agree
that any dispute, claim or controversy arising out of or relating to these
Terms or the breach, termination, enforcement, interpretation or validity
thereof or the use of the Services or Content (collectively,“Disputes”) will be
settled by binding arbitration, except that each party retains the right: (i)
to bring an individual action in small claims court and (ii) to seek injunctive
or other equitable relief in a court of competent jurisdiction to prevent the
actual or threatened infringement, misappropriation or violation of a party’s
copyrights, trademarks, trade secrets, patents or other intellectual property
rights (the action described in the foregoing clause (ii), an “IP Protection
Action”). Without limiting the preceding sentence, you will also have the right
to litigate any other Dispute if you provide Neat Loans with written notice of
your desire to do so by email or regular mail at 25690 55th Street #101,
Boulder, CO 80301 within thirty (30) days following the date you first accept
these Terms (such notice, an “Arbitration Opt-out Notice”). If you do not
provide Neat Loans with an Arbitration Opt-out Notice within the thirty (30)
day period, you will be deemed to have knowingly and intentionally waived your
right to litigate any Dispute except as expressly set forth in clauses (i) and
(ii) above. The exclusive jurisdiction and venue of any IP Protection Action
or, if you timely provide Neat Loans with an Arbitration Opt-out Notice, any
Dispute will be the state and federal courts located in Denver, Colorado and
each of the parties hereto waives any objection to jurisdiction and venue in
such courts. Unless you timely provide Neat Loans with an Arbitration Opt-out
Notice, you acknowledge and agree that you and Neat are each waiving the right
to a trial by jury or to participate as a plaintiff or class member in any
purported class action or representative proceeding. Further, unless both you
and we otherwise agree in writing, the arbitrator may not consolidate more than
one person’s claims, and may not otherwise preside over any form of any class
or representative proceeding. If this specific paragraph is held unenforceable,
then the entirety of this “Dispute Resolution” section will be deemed void.
Except as provided in the preceding sentence, this “Dispute Resolution” section
will survive any termination of these Terms.

Arbitration Rules

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

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

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

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

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

General Terms

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

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

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

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

Contact Information

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