Terms of Use

Terms of Use

These Terms of Use were last updated January 25, 2019.

Welcome to Netography.com! Please carefully review the following rules that govern your use of our website, Netography.com.

This Terms and Conditions of Use Agreement (the “Terms of Use”) is a legal agreement between you and Netography, Inc., a Delaware corporation (together with its related, affiliated, or subsidiary companies, “Netography”, “we”, or “us”). These Terms of Use apply to Netography.com (and any subdomains thereof) owned, operated, licensed, and controlled by Netography (the “Site”). This Site is the property of Netography. By using this Site, you signify that you have read and understand, and agree to be bound by, these Terms of Use, regardless of whether you are a registered user of our Site.

In addition to these Terms of Use, you may be subject to additional policies, such as our Privacy Policy, Credit Report Policy, and Consent to Electronic Communications and Electronic Signatures (collectively, the “Netography Policies”), that may be posted on the Site from time to time. All terms from such Netography Policies are hereby incorporated by reference. You also have certain rights under the Fair Credit Reporting Act, a summary of which can be found here.

IF YOU DO NOT AGREE TO THESE TERMS OF USE AND THE OTHER Netography POLICIES, DO NOT USE THE SITE.

If you have any questions, complaints or suggestions regarding our Terms of Use or practices, please contact us at policies@Netography.com.

CHANGES TO TERMS OF USE OR SITE

Netography reserves the right in its sole discretion, to change, modify, add, or remove portions of these Terms of Use and the other Netography Policies at any time, without notice. It is your responsibility to check these Terms of Use and the other Netography Policies periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

Netography may, at any time and without notice, modify or discontinue the Site. You acknowledge and agree that Netography will have no obligation of any sort to you in connection with any such modification or discontinuance.

OUR AGREEMENT

The information contained on the Site is of a general nature and is not tailored to your individual circumstances. Information on the Site is not intended as an offer or commitment to enter into an agreement with you. Netography reserves the right to refuse to provide our products and services to anyone at anytime. In addition to these Terms of Use, you may enter into other agreements with us that will govern your use of Netography products or related services offered by us. If there is any conflict between these Terms of Use and such other agreements, the other agreement will control with respect to the specific aspects of the Netography product to which it applies.

AUTHORIZED USERS

This Site is intended solely for users who are 18 years of age or older, and any registration by, use of, or access to the Site by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms of Use. Netography does not knowingly collect information from persons under the age of 18.

By using the Site, you represent and warrant (i) that you are 18 or older, (ii) that you are legally qualified to enter into contracts under applicable law, and (iii) that you agree to, and to abide by, all of the terms and conditions of these Terms of Use. If you violate any of these Terms of Use, or otherwise violate an agreement between you and us, or for any other reason, Netography may at any time in its sole discretion, with or without notice, (i) delete your account and any content or information that you have posted on the Site and/or (ii) prohibit you from using or accessing the Site. You agree that Netography will not be liable to you or any third party for any termination of your account.

APPLYING FOR Netography PRODUCTS

You may be required to register with Netography in order to access and use certain features of the Site, such as applying for a Netography product. To complete a Netography application, you will be required to submit information about yourself (“Application Data”), either directly or indirectly by authorizing Netography to retrieve your information maintained online by third party financial institutions and social media platforms with which you have customer relationships, maintain accounts, engage in financial transactions, or use their online services (the “Provider Services”). This Application Data may include personal information such as addresses and your Social Security number, as well as information from the Provider Services such as account balances, transaction history, length of membership with such third party institutions, educational background, and professional history, and Netography uses this information in connection with our review of your application for Netography products. During this stage of the application process, you may be directly or indirectly connected to the website for the Provider Services you have identified. Netography may coordinate with one or more online financial service providers to access Application Data maintained on the third party site. Netography may use and store the content to evaluate your Netography application and to provide services to you, but Netography does not store any user account credentials. The online financial service providers store your login credentials securely in a separate database using multi-layered hardware and software encryption.

By submitting information, data, passwords, usernames, PINs, other sign-in information, materials, and other content from third party sites and platforms to Netography through the Site, you (i) hereby authorize and permit Netography to use that content, and hereby license that content to Netography, solely for the purpose of evaluating your Netography application and providing related services to you and (ii) represent that you are entitled to submit such information to Netography for use for this purpose, without any obligation by Netography to pay any fees or other limitations. When you connect your third party accounts with the Site during your application process, you expressly authorize Netography to access Application Data maintained by identified third parties, on your behalf as your agent. For purposes of these Terms of Use and solely to provide you with services in connection with your application for Netography’s products, you grant Netography a limited power of attorney, and apNetography Netography as your attorney-in-fact and agent, to access third party sites and retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN Netography IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, Netography IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY.

You understand and agree that the Site is not sponsored or endorsed by any third parties accessible through the Site. Netography is not responsible for the accuracy of the information maintained by or on third party sites, nor for products or services offered by or on such sites. You further acknowledge and agree that we have no control over the provision of Provider Services or provision of access to the Provider Services by your provider(s), do not guarantee that you will be able to use the Site features with the Provider Services, and will have no liability whatsoever for any actions or inactions on the part of the third party sites resulting in your inability to use the Site to access your accounts, obtain data, download transactions, or otherwise use or access the Provider Services.

Application Data and certain other information about you is subject to our Privacy Policy, Credit Report Policy, and Consent to Electronic Communications and Electronic Signatures.

ACCURACY OF INFORMATION PROVIDED

In consideration of your use of the Site, you agree to (i) provide, or cause to be provided, including through third party sites, accurate, current, and complete Application Data and (ii) maintain and promptly update your Application Data (and any other information you provide to Netography) so that it is accurate, current, and complete at all times.

RESEARCH DATA

Anonymous, aggregate information (consisting of financial account balances, other financial account data, or other available data that is provided by you) may be used by us or our third party vendors to conduct certain analytical research, performance tracking and benchmarking. Our third party vendors may publish summary or aggregate results relating to metrics comprised of research data, from time to time, and distribute or license such anonymous, aggregated research data for any purpose, including but not limited to, helping to improve products and services and assisting in troubleshooting and technical support. Your personally identifiable information will not be shared with or sold to third parties.

AUTHORIZATION TO CONTACT

By submitting information to Netography through our Site or otherwise, you are making an inquiry as to the products offered by Netography and give Netography permission to contact you through email, fax, or telephone or any other means, even if your phone number is on a “Do Not Call” registry. When you submit information through our Site, we may send your information to our affiliates or service providers.

CELLULAR PHONE CONTACT POLICY

By providing us with a telephone number for a mobile device, including a number that you later convert to a mobile device number, you are expressly consenting to receiving communications—including but not limited to prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system—from us and our affiliates and agents at that number. This express consent applies to each such telephone number that you provide to us now or in the future. Calls and messages may incur access fees from your mobile services provider.

ACCOUNT SECURITY

Netography uses passwords to prevent unauthorized access to certain areas of our Site. You are solely responsible for maintaining the confidentiality of your user name, password and other security-related identifiers. You are solely and fully responsible for all use of your account and for any actions that take place using your account or under your user name and password. You agree to immediately notify us of any loss, theft, or unauthorized use of your password or account and of any other security breach relating to you. Netography will not be responsible for any losses or damages arising out of the unauthorized use of your account, and you agree to indemnify and hold harmless Netography, its affiliates, successors and assigns, and each of their officers, directors, employees, representatives and agents (the “Netography Parties”), for any improper, unauthorized or illegal uses of your account.

LICENSE

Netography grants to you a personal, non-exclusive, non-transferable, limited license to access and use the Site in accordance with these Terms of Use. Netography reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws. Any use of this Site not specifically permitted under these Terms of Use is expressly prohibited. This license is revocable by Netography at any time without notice and with or without cause.

INTELLECTUAL PROPERTY

All content on this Site, including but not limited to web pages, source codes, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, text, graphics, images, artwork, logos, icons, audio clips, and video clips (collectively, the “Content”), are owned by Netography or its affiliates, or by third party content providers, merchants, sponsors and licensors, and all right, title and interest therein shall remain the property of Netography and/or such third parties. All Content is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. You are authorized solely to view and retain a copy of the pages of the Site for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images or other materials on this Site for the purpose of transacting business with Netography. You agree that you will not duplicate, publish, frame, modify, edit, reproduce, sell, display, transmit, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Site, or any portion of the Site, for any public or commercial use without the express written consent of Netography. Additionally, you agree that you will not (i) remove or alter any author, trademark or other proprietary notice or legend displayed on the Site (or printed pages produced from the Site); or (ii) make any other modifications to any documents obtained from the Site other than in connection with completing information required to transact business with Netography. As a condition to your use of this Site, you warrant to Netography that you will not use our Site for any purpose that is unlawful or prohibited by these Terms of Use.

USER REPRESENTATIONS

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials that you upload, post, transmit, share, store, publish, display or otherwise make available (hereinafter, “upload”) or email or otherwise use via the Site. You represent, warrant, and agree that no materials of any kind submitted through your account or otherwise uploaded by you through the Site (i) violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal proprietary rights, (ii) violate any contractual, fiduciary or judicially imposed nondisclosure obligations, or (iii) contain libelous, defamatory or otherwise unlawful material. You agree that you may not use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site. Violations of system or network security may result in civil or criminal liability. You further agree not to use the Site to:

probe, scan or test the vulnerability of this Site or the Netography network or breach security or authentication measures without proper authorization;
interfere with or disrupt the Site or servers or networks connected to the Site (including, without limitation, via means of submitting a virus to this Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing”), or disobey any requirements, procedures, policies or regulations of networks connected to the
upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
access data that is not intended for you;
invade the privacy of, obtain the identity of, or obtain or access personally identifying information of other users of this Site;
obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the
upload or make publicly available on the Site any private information of any third party without authorization, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
register for more than one user account or register for a user account on behalf of an individual other than yourself;
use or attempt to use another’s account, service or system without authorization from Netography, or create a false identity on the Site;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
upload any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
intimidate or harass other users;
upload any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
upload content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Netography or its users to any harm or liability of any type;
upload content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, or any regulations having the force of law; or
further or promote any criminal activity or enterprise or provide instructional information about illegal activities. You shall not and shall not permit any third party to, directly or indirectly: (i) reverse engineer, decrypt, decompile, decode, disassemble, or otherwise attempt to obtain the source code to the applications developed or owned by Netography (the “Developer Applications”) that are contained in the Site; (ii) rent or time-share the Developer Application or host the Developer Application in a multi-tenant environment; (iii) remove or destroy any copyright notices, proprietary markings or confidential legends placed upon or contained within the Developer Application or any copies thereof; (iv) engage in any activity with the Developer Application that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of any third party; and (v) use the Developer Application or data provided via the Developer Application in any way in furtherance of criminal, fraudulent, or other unlawful activity. You must comply with applicable laws and regulations in using, accessing or distributing the Developer Application, including any data provided via the Developer Application.
THIRD PARTY WEBSITES

This Site may contain links to outside services and resources, the availability and content of which Netography does not control. Such links are provided for your reference and convenience only. We are not responsible for examining or evaluating, and we do not warrant or endorse, the offering of these businesses or individuals or the content of their web sites. Netography does not assume any responsibility or liability for the actions, products, and content of these or any other third parties. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.

Some of the services implement the Google Maps web mapping service. Your use of Google Maps is subject to Google’s terms of use, available at https://www.google.com/intl/en_us/help/terms_maps.html.

ELECTRONIC COMMUNICATIONS

When you visit the Site or send emails to us, you are communicating with us electronically and you consent to receive communications from us electronically to the extent permissible by law. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing to the extent permissible by law. You agree that we may send emails to you for the purpose of advising you of changes or additions to this Site, about any of our products or services, or for such other purposes as we deem appropriate and as permissible by law. You may unsubscribe from future promotional emails by clicking on the opt-out/unsubscribe link and following the instructions contained in any of the automated emails that you receive from us. You are deemed to have received electronic messages sent to you when they are sent to the most recent email address that you provided to us. Your electronic communications with us are further subject to our Electronic Communications and Electronic Signatures Policy.

MONITORING AND RECORDING COMMUNICATIONS

You understand and agree that we may monitor and/or record any communications between you and us for quality control and other permitted business purposes. You also understand and agree that this monitoring or recording may be done without any further notice to you or anyone acting on your behalf.

DISCLAIMER OF WARRANTIES

Netography DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, DOCUMENT OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE MATERIAL IN THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. Netography CANNOT ENSURE THAT ANY FILES, DOCUMENTS OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. Netography DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE OR THE INFORMATION PUBLISHED HEREIN, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY RELATING TO THE COMPLETENESS, ADEQUACY, TIMELINESS, OR ACCURACY OF ANY INFORMATION ON THE SITE. Netography DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST Netography FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The Site may be temporarily unavailable from time to time for maintenance, system upgrades or other reasons. Netography assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Netography will not be liable for any loss that results from (i) the failure of electronic or mechanical equipment or communication lines, (ii) telephone network issues, (iii) viruses, bugs, errors, configuration problems or the incompatibility of computer hardware or software, (iv) the failure or unavailability of Internet access, (v) problems with Internet service providers or other equipment or services relating to your computer or network, (vi) problems with computer or communications networks or facilities, (vii) problems with data transmission facilities or your telephone, cable or wireless service, or (viii) unauthorized access, theft, operator error, severe weather, earthquakes, or other natural disasters or labor disputes. Netography is also not responsible for any damage to your computer, software, modem, telephone, wireless device or other property related in any way from your use of the Site.

LIMITATION OF LIABILITY

Netography’S LIABILITY IS LIMITED. EXCEPT WHERE PROHIBITED BY LAW, NONE OF THE Netography PARTIES SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, EVEN IF Netography HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN A WRITTEN AGREEMENT WITH YOU, Netography’S MAXIMUM LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS SITE, OR ITS CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO $500. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN Netography AND YOU, AND THAT THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

INDEMNITY

By using the Site, you agree to defend, indemnify, and hold harmless the Netography Parties from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees and costs) arising out of or relating to (i) your use of this Site or the Content, (ii) your breach of these Terms of Use or (iii) your submission to Netography of incomplete, inaccurate or untimely Application Data or other information. The Netography Parties reserve the right to assume or participate through the counsel of their choice, at your expense, in the investigation, settlement and defense of any such action or claim.

EXPORT RESTRICTIONS

You acknowledge that the Site features and any software underlying such Site are subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export the software or Site features, directly or indirectly, to: (i) any countries that are subject to U.S. export restrictions; (ii) any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government; or (iii) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that this product may include technical data subject to export and re-export restrictions imposed by U.S. law.

SEVERABILITY; ENTIRE AGREEMENT

Any failure by Netography to exercise any rights or enforce any of these Terms of Use shall not constitute a waiver of such rights or terms. If any provision of these Terms of Use or their application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of these Terms of Use, or the application of such provision in other circumstances, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law. These Terms of Use constitute the entire agreement between you and Netography with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Netography with respect to such use are hereby superseded and cancelled.

LAW AND VENUE

This Site is located in the State of California. These Terms of Use and the relationship between you and Netography shall be governed by the laws of the State of California without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Santa Clara County, California, and agree and consent that such courts are the exclusive forum for litigation of any claim or cause of action arising out of or relating to your use of this Site or the Content. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to your use of this Site or the Content must be filed within one year after such claim or cause of action arose or be forever barred.

RELATIONSHIP

Without limiting any other provision of these Terms of Use and except as otherwise provided herein, these Terms of Use create no agency, partnership, joint venture, or employee-employer relationship between you and Netography.

CUSTOMER SERVICE

If you need assistance with the Site or with any service or information provided through it, or if you need to communicate with Netography, call us at +1 (650) 822-8835 support@netography.com.

PRIVACY

At Netography, we respect the privacy of our users. Please review our Privacy Policy (which also governs your visit to our Site) to understand our practices. By using the Site, you consent to our collection and use of personal data as outlined therein. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, notwithstanding Netography’s efforts to protect such transmissions.