Terms of Use

Last Updated: October 3, 2008

Welcome to Moneyaisle.com, the financial marketplace. Moneyaisle.com is owned and operated by neoSaej Corp. ("neoSaej"). These Terms of Use ("Terms") contain the terms and conditions upon which neoSaej is willing to provide you access to and use of the Moneyaisle.com website and all related pages, information, databases, materials and services (collectively, the "Website"). These Terms form a contract between you and neoSaej and your electronic signature below indicates your agreement to be bound by these Terms and your acknowledgement of receipt of the neoSaej privacy policy. If you do not agree to be bound by these Terms, you may not access or use the Website. Please scroll down through these Terms to review important provisions regarding limitation of liability, waivers, indemnities, arbitration, consent to electronic disclosures, and other important provisions.

MARKETPLACE AND FINANCIAL INSTITUTIONS

neoSaej operates a financial marketplace on the Website through which participating financial institutions can bid for your business. neoSaej itself is not a financial institution and does not offer financial products or services or make any decisions in connection with the financial products and services offered through the Website. neoSaej does not endorse or recommend the products or services of any particular financial institution. neoSaej's services are administrative and consultative only. neoSaej does not guarantee that the terms or rates offered by any financial institution through the Website are the best terms or rates. You should rely on your own judgment in deciding which available financial product or service best suits your needs and financial means.

Participating financial institutions are solely responsible for their products and services to you, and you agree that neoSaej shall not be liable for any damages or costs of any type arising out of or in any way connected with your purchase, acceptance or use of such products or services. Financial institutions are also solely responsible for the accuracy and completeness of any content, disclosures and description of any products or services they offer through the Website. neoSaej does not guarantee the financial, insured or regulated status of any participating financial institutions. Neither neoSaej nor the financial institutions are obligated to honor any rates or terms that result from errors in the neoSaej auction system offered through the Website. If rates or terms for any financial products or services offered through the Website need to be corrected due to any errors in the neoSaej auction system, neoSaej and the affected financial institutions shall make corrections in their sole discretion.

ACCESS AND USE OF THE WEBSITE

You must be at least 18 years of age to use the Website. By agreeing to these Terms, neoSaej grants you the limited, conditional right to use the Website, including the limited right to view, bookmark, download and print, for your noncommercial, personal use and information only, those pages of the Website that interest you, subject to these Terms or any guidelines posted on the Website.

In order to access the Website, you may select a password or username and establish one or more account security questions or other logon credentials with neoSaej (collectively, the "Access Credentials"). You are solely responsible for all transactions and transmissions that occur through the use of your Access Credentials, and it is your responsibility to maintain and promptly update your Access Credentials. You agree that neoSaej is not liable to you or any third party for damages or losses related to the accuracy or disclosure to neoSaej of your Access Credentials. It is your responsibility to maintain the confidentiality of your Access Credentials. You will not share your Access Credentials with any other person, nor allow another person to use your Access Credentials. If you believe that someone has used your Access Credentials to access the Website without your authorization, please contact neoSaej immediately at neoSaej Customer Care.

Your right to access and use the Website is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Website for lawful purposes and pursuant to these Terms. You may not use the Website as a broker of financial products or services or otherwise in order to obtain financial products or services available through the Website for a third party. You will only use the Website in connection with seeking financial products and services for your own personal, family or household use or that of your organization.

Your access and use of the Website may be interrupted from time to time for any reason, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Website or other actions that neoSaej, in its sole discretion, may elect to take. neoSaej reserves the right to suspend or discontinue the availability of the Website and/or any portion or feature of the Website at any time in its sole discretion and without prior notice.

Any act or omission by you that: (i) violates these Terms; (ii) restricts, inhibits or prevents any access, use or enjoyment of the Website by anyone; or (iii) through the use of the Website, defames, abuses, harasses, offends or threatens anyone, shall not be permitted, and may result in your loss of the right to access and use the Website, in neoSaej's sole discretion, in addition to any other remedies neoSaej may have. neoSaej reserves the right to disclose the identity of anyone posting or transmitting any information or materials violating the provisions of these Terms to law enforcement authorities or pursuant to any court order requesting or directing neoSaej to disclose such information.

ACCURACY OF INFORMATION

You agree that any information you provide to neoSaej or any participating financial institution, including, without limitation, credit and financial information and other personally identifiable information whether through questionnaires, registration forms, or other information requests ("Customer Information"), will be true, accurate, current and complete. You will not provide Customer Information that is false, inaccurate, misleading, or fraudulent. You will not impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false e-mail or other headers, or otherwise conceal your identity from neoSaej or any participating financial institution for any purpose. You agree to provide and update information reasonably requested by neoSaej or any participating financial institution related to the use of the Website or the fulfillment of any financial products and services you obtain through the Website. Please review neoSaej's privacy policy for more information regarding neoSaej's policies and procedures for disclosing and using your Customer Information. Subject to the Privacy Policy, neoSaej retains a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use and store your Customer Information (in any media, currently known or unknown).

RESTRICTIONS ON USE OF NEOSAEJ CONTENT AND THE WEBSITE

neoSaej and its content providers own all of the content, materials, and other intellectual property on or related to the Website, including, without limitation, all text, graphics, photographs, music, data, images, audio and video clips, software, names, button icons, logos, images, designs, titles, words or phrases, page headers, service names, trademarks, patents, and copyrights (collectively, "Content"). You have no rights to the Content, except as expressly set forth in these Terms. Any use of the Content, except as permitted by these Terms, is expressly prohibited.

The Content is registered and/or protected by U.S. and international copyright, trademark, and other laws. You will not remove any copyright or other proprietary notices contained on the Website. You will not delete or change any copyright or trademark notices, nor will you alter or modify the Content in any manner without the prior express written permission of neoSaej.

You further agree that you will not:

use the Website to transmit, copy, reproduce, republish, upload, post, transmit, e-mail, or distribute in any way material or content that infringes any copyright, trademark, proprietary, or other right of any party or that violates these Terms;
copy (except as set forth above for noncommercial personal use), modify, distribute, create any derivative or compilation work from, or display neoSaej's name or logo, or any text, graphic images, or other Content or redeliver Content using framing or similar technology;
use any device designed to provide repeated automated access to any website other than those devices made generally available by neoSaej on the Website;
include any neoSaej trademarked materials, the name of any neoSaej personnel, or any variation of these items as a metatag or hidden textual element, or in any other fashion that may create a false or misleading impression of affiliation, sponsorship, or endorsement between neoSaej and you, any other party, or any other website, or otherwise use these items without neoSaej's express written permission;
collect, harvest, or store personal data about other users of the Website or use or attempt to use another's account on the Website;
upload, e-mail or otherwise transmit to neoSaej or any user or through the Website or any neoSaej computer network any of the following: a sexually-explicit image or statement; advertising, promotional, or other unauthorized communication, including without limitation, "junk mail," surveys, unsolicited e-mail, "spam," "chain letters," "pyramid schemes," or other inappropriate or prohibited materials; or any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs, or any other computer code, files or programs that might interrupt, limit or interfere with, damage, surreptitiously intercept or expropriate any system, data or information related to the Website or any computer software, hardware or communications equipment that is owned, leased or used by neoSaej;
create a link to the Website without neoSaej's prior written permission;
use the Website to post or transmit any threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any applicable law;
use any robot, spider, scraper, or any other automated means to access the Website for any purpose without neoSaej's prior express written permission;
forge any TCP/IP packet header or any part of the header information in any email or posting;
take any action that imposes, or may impose, in neoSaej's sole discretion, an unreasonable or disproportionately large load on the neoSaej or Website infrastructure;
interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or
bypass measures used by neoSaej to prevent or restrict access to the Website, violate or attempt to violate the security or authentication measures of the Website, or attempt to prove, scan, or test the vulnerability of the Website or any neoSaej network without proper written authorization from neoSaej.

ELECTRONIC COMMUNICATIONS

Because neoSaej operates only on the Internet, it is necessary for you to consent to transact business with neoSaej electronically. By agreeing to these Terms, you agree to receive electronically all documents, disclosures, communications, notices, contracts, and agreements arising from or relating to your use of the Website (each a "Disclosure"), either by e-mail to the address you provide or by posting notices on the Website. You agree that all Disclosures that neoSaej provides to you electronically satisfy any legal requirement that any such communications be in writing. The decision to do business with us electronically is yours.

In order to send and receive Disclosures and transact electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), a Windows-based operating system with an Internet browser or a Macintosh-based operating system with an Internet browser, and hardware capable of running this software. You will need a printer attached to your personal computer to print any Disclosures. You can retrieve an electronic copy and a printable version of this contract by clicking on the "Terms of Use" link on the home page of the Website. All contracts completed electronically between you and neoSaej will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.

You may withdraw your consent to receive Disclosures electronically by contacting us at neoSaej Customer Care. However, once you have withdrawn your consent, you will not be able to participate in any future auctions on the Website and neoSaej will terminate your registration on the Website.

You will keep us informed of any change in your email address so that you can continue to receive all Disclosures in a timely fashion. If your registered email address changes, you must notify us of the change by sending an email to neoSaej Customer Care. You also agree to update your registered residence address and telephone number on the web site if they change.

You will print a copy of these Terms for your records and you agree and acknowledge that you can access, receive and retain all Disclosures electronically sent via email or posted on the Website.

UPDATING TERMS

neoSaej reserves the right to change, delete, or update these Terms or other policies that govern use of the Website at its sole discretion, at any time, for any reason, without notice, including the right to terminate the Website or any part of the Website. Any changes to these Terms will be posted on this page and the top of the page will indicate the date the Terms were last revised. Any amendments and modifications by neoSaej will be prospective only, and unless otherwise provided in these Terms, will be effective upon being posted on the Website. It is your responsibility to review these Terms periodically for updates and changes. Your continued access or use of the Website shall be deemed acceptance of all changes. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Website.

TERMINATION, REMOVAL OF CONTENT AND MONITORING

These Terms are effective until terminated by either party. If you no longer agree to be bound by these Terms, you must cease use of the Website. You agree that neoSaej may terminate, restrict, or suspend part or all of your license to access the Website or delete any content transmitted to or through the Website, at any time, in its sole discretion, without prior notice to you and without any liability to you. neoSaej also reserves the right to take any action relating to user-submitted information that it deems necessary or appropriate if such information, as determined in neoSaej's sole discretion, may create liability for neoSaej, its subsidiaries, affiliates, officers, directors, employees, contractors, representatives, agents and suppliers (collectively, the "neoSaej Parties"), or may affect neoSaej's business relationships or contracts with third parties. neoSaej further reserves the right to remove any materials that are defamatory, abusive, illegal, harassing, immoral, disruptive or do not conform to these Terms - although neoSaej shall be under no affirmative obligation to monitor any of the foregoing or to otherwise screen or monitor any communications or information prior to their posting. You agree neoSaej has the right, but is not obligated, to monitor your use of the Website and any communications made by you related to such use in any manner; and you release neoSaej from any liability related to its monitoring activities. If neoSaej denies you access to the Website, you agree to destroy all materials obtained from the Website and all copies of those materials with the exception of your personal customer-account-related materials. You acknowledge that, upon termination, neoSaej may immediately deactivate or delete your account and all related information and files in the account and bar you from further access to the files, your Customer Information, and the Website.

YOUR RESPONSIBILITY FOR EQUIPMENT AND RELATED COSTS

You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use the Website, and all costs and fees associated with Internet access or long-distance charges incurred with regard to your access and use of the Website.

THIRD PARTY LINKS

For your general information, the Website may contain links to other websites belonging to third parties. These links will allow you to leave the Website. The linked sites are not under the control of neoSaej and neoSaej is not responsible for the contents of any linked site. By providing such links, neoSaej is not recommending such websites or the products or services listed on those Websites and is not endorsing or acknowledging that it is affiliated with any website's sponsoring organization.

neoSaej is not obligated to maintain, verify, update or post any corrections to such third party information for any reason. Nothing in the Website referencing any third parties with whom neoSaej conducts business, and nothing in these Terms, shall be deemed to create any agency relationship, affiliation, or sponsorship among neoSaej and such third parties or you, or make the third parties or you partners or joint venturers with neoSaej, or otherwise provide you or any third parties with any rights to act on neoSaej's behalf. neoSaej does not represent or guarantee the truthfulness, accuracy, completeness, timeliness, authorship, suitability of content, or reliability of communications posted by third parties, nor does neoSaej endorse any opinions expressed by users or any third parties using the Website. Consequently, you agree that neoSaej does not guarantee, and is not liable to you for, any third party content.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

In using the Website you acknowledge and accept that there are risks, including, without limitation, the risk of harm of people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Website and other parties that use the Website or your Customer Information for unauthorized or illegal purposes.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ALL INFORMATION, SERVICES, SOFTWARE AND CONTENT AVAILABLE THROUGH THE WEBSITE, AND THE WEBSITE ITSELF, ARE FURNISHED FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND ARE FURNISHED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY IMPLIED OR EXPRESSED WARRANTY OF ANY KIND (INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, SECURITY, CORRECTNESS AND NON-INFRINGEMENT). THE NEOSAEJ PARTIES MAKE NO REPRESENTATION OR WARRANTY REGARDING, ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY FOR, THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, RESULTS OR PERFORMANCE OF THE WEBSITE OR ANY MATERIAL ON THE WEBSITE, THE PERFORMANCE OF THE INTERNET, THE DOWNLOADING COMPATIBILITY OF ANY MATERIALS OR SOFTWARE WITH YOUR COMPUTER SYSTEM, THE EXISTENCE OF ANY VIRUS, WORM, MALICIOUS CODE OR OTHER DISABLING DEVICE FROM ANY SOURCE, THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION BY A PARTY OTHER THAN NEOSAEJ, ANY TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES), INCOMPLETE, SCRAMBLED, OR DELAYED COMPUTER TRANSMISSIONS, AND/OR TECHNICAL INACCURACIES, OR LOSS OR USE OF DATA, AS WELL AS UNAUTHORIZED ACCESS OF USER TRANSMISSIONS BY THIRD PARTIES. NO ONE IS AUTHORIZED TO MAKE ANY REPRESENTATION OR WARRANTY ON NEOSAEJ's BEHALF, AND YOU CANNOT RELY ON ANY OTHER STATEMENT OF WARRANTY. YOU ASSUME RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, APPROPRIATENESS, AND LEGALITY OF ANY INFORMATION YOU SUPPLY TO NEOSAEJ.

YOU AGREE THAT THE NEOSAEJ PARTIES ARE NOT LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES. IN NO EVENT SHALL THE NEOSAEJ PARTIES' TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES), WHETHER IN CONTRACT, TORT, TRESPASS OR OTHERWISE EXCEED $100. IN SOME STATES, SOME OF THESE WAIVERS AND LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO PROMPTLY NOTIFY NEOSAEJ IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST THE NEOSAEJ PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR OF YOUR DISCOVERY SHALL BE DEEMED WAIVED AND RELEASED.

INDEMNIFICATION

Upon request by neoSaej, you shall defend, indemnify and hold harmless the neoSaej Parties from and against all claims and expenses, including, but not limited to, attorneys' fees, arising out of, or attributable to: (i) your breach or violation of these Terms; (ii) your failure to provide accurate, complete and current information requested or required by neoSaej or any participating financial institution; (iii) your violation of any person's or entity's legal rights (including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights, or publicity, contract, moral, or privacy rights); (iv) your violation of any applicable law, rule or regulation; (v) your negligence, recklessness, or misconduct; or (vi) access or use of the Website under your Access Credentials.

DISPUTE RESOLUTION

If a dispute arises between you and any of the neoSaej Parties, it is the goal of neoSaej to work in good faith with you to quickly and amicably resolve the dispute. EITHER NEOSAEJ OR YOU MAY, AT SUCH PARTY'S SOLE ELECTION, REQUIRE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL PAST, PRESENT OR FUTURE DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THIS AGREEMENT, YOUR ACCESS TO AND USE OF THE WEBSITE, AND ANY FINANCIAL PRODUCTS OR SERVICES YOU MAY REQUEST OR RECEIVE (EACH, A "DISPUTE"), INCLUDING CLAIMS BY OR AGAINST (I) YOU AND ANY PERSON CLAIMING THROUGH YOU AND (II) A NEOSAEJ PARTY OR ANY PERSON CLAIMING THROUGH SUCH PERSONS, BE FINAL AND BINDING ARBITRATION, except that, to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate our patent, copyright, trademark or trade secret rights, we may seek injunctive or other appropriate relief. You may opt out of this arbitration agreement by contacting us at neoSaej Customer Care within 30 days of the date you signed these Terms. This arbitration agreement is to be given the broadest possible reading that is enforceable.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, we will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY CURRENT OR FORMER MEMBER OF NEOSAEJ OR ANY FORMER OR CURRENT PARTICIPATING FINANCIAL INSTITUTION, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.

This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the Federal Arbitration Act (the "FAA"). The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in the paragraph above prohibiting the consolidation of claims. The AAA Rules, which you may obtain from that organization, shall govern the arbitration unless they conflict with this arbitration agreement, in which case this arbitration agreement will control. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court, nor to state or local laws that relate to arbitration proceedings.

This arbitration agreement shall survive (i) suspension, termination, revocation, closure, or changes of this Agreement and your relationship with neoSaej; (ii) the bankruptcy or insolvency of any party or other person; and (iii) any transfer of any loan or promissory note(s) which you hold or owe, or any amounts owed on such loans or notes, to any other person or entity. If any portion of this arbitration agreement is deemed invalid or unenforceable, the remaining portions of this arbitration agreement shall nevertheless remain valid and in force, except that in no event shall any such invalidation be deemed to authorize an arbitrator to determine claims or make awards beyond the scope of authority as limited in this arbitration agreement.

ADDITIONAL NEOSAEJ REMEDIES

You acknowledge that neoSaej may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, neoSaej shall be entitled, in addition to any other rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post a bond, and/or to a decree for specific performance of the provisions of these Terms.

MISCELLANEOUS

Additional Terms. Certain areas of the Website may be subject to additional terms of use. By using such areas or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.
Severability. If any portion of these Terms is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms that is unlawful, void or unenforceable shall be stricken from these Terms.
No Waiver. No failure to exercise and no delay in exercising, by neoSaej, any right, power or privilege hereunder shall operate as a waiver hereof, except as expressly provided herein. Any waiver by neoSaej of a breach of any provision of these Terms shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the Terms unless and until agreed to in writing by neoSaej.
Headings. The headings contained in these Terms are for convenience of reference only, are not to be considered a part of these Terms, and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms.
Survival. The parties' rights and obligations under the following sections shall survive any termination of these Terms: RESTRICTIONS ON USE OF NEOSAEJ CONTENT AND THE WEBSITE; DISCLAIMERS AND LIMITATIONS OF LIABILITY; INDEMNIFICATION; DISPUTE RESOLUTION; ADDITIONAL NEOSAEJ REMEDIES; and MISCELLANEOUS.
Independent Contractors. For purposes of these Terms, you and neoSaej shall be independent contractors and neither shall at any time be considered an agent or employee of the other. No joint venture, partnership, or like relationship is created between you and neoSaej by these Terms. neoSaej is not an agent of either yours or any participating financial institution.
Entire Agreement. These Terms represent the entire understanding and agreement between you and neoSaej regarding the subject matter hereof, and supersede all previous or contemporaneous agreements, understandings and/or representations regarding the same.
Governing Law; Choice of Forum. These Terms shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflicts of laws principles. With respect to any disputes or claims not subject to arbitration (as set forth above), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Massachusetts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Massachusetts.

CUSTOMER SERVICE

If you have questions, comments, concerns or feedback regarding these Terms or the Website, please contact us at neoSaej Customer Care.

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