BTO Consulting Terms of Service
BTO Consulting, Inc. (“BTO,” “we,” “us,” “our”) provides financial and accounting services to our clients. We reserve the right, in our sole discretion, to change or modify portions of these Terms of Service at any time without further notice. If we make any revisions, we will notify you of any material changes via email or mail courier. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or continue to use the Services.
In addition, when using certain of our services, you will be subject to any additional terms applicable to such services that may be posted on or in connection with the Services from time to time, including, without limitation, the Privacy Policy attached alongside this document. All such terms are hereby incorporated by reference into these Terms of Service. If there is any conflict between such additional terms and these Terms of Service, the additional terms will supplement or amend these Terms of Service, but only with respect to the matters governed by the additional terms.
Use of the Services
Services Description: The Services are designed to provide prospective/current individuals and entities (clients) with financial and accounting services. These services may include information about loan products, lenders and/or service providers. BTO provides such information, content and tools as part of the Services but is not a lender itself. Any loan or related transaction to which you are a party is solely transacted between you and the applicable lender and/or service provider and is not a part of the Services.
Letter of Consent: You are required to consent with BTO in order to access and use certain features of the Services. If you consent for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services’ registration form or one of our tools or forms that appears on a third-party website, mobile site or application. Registration data, information that you enter into our tools or forms and certain other information about you are governed by our Privacy Policy attached alongside this document. If you are under 18 years of age, you are not authorized to use the Services, with or without registering. BTO will not be liable for any loss or damage arising from your failure to comply with this section.
Modifications to Services: BTO reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that BTO will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
General Practices Regarding Use and Storage: You acknowledge that BTO may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on BTO’s servers on your behalf. You agree that BTO has no responsibility or liability for the deletion of or failure to store any data or other content maintained by the Services. You further acknowledge that BTO reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
Electronic Notices: By using the Services, you agree that we may communicate with you electronically via email regarding security, privacy and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Services or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us at tmlem@btoconsult.com.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Services may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by BTO, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services. You may not remove or alter any proprietary notices or marks on the Services or any portion thereof. Any use of the Services or the Service Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by BTO.
The BTO Financial name and logos are trademarks and service marks of BTO (collectively the “BTO Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to BTO. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of BTO Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of the BTO Trademarks will inure to our exclusive benefit.
Third-Party Material: Under no circumstances will BTO be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that BTO does not pre-screen content from third parties, but that BTO and our designees will have the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Services. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
You acknowledge and agree that BTO may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property or personal safety of BTO, our users and the public. You understand that the technical processing and transmission of the Services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You acknowledge, agree, and authorize that (a) your information may be sent to lenders and/or service providers on your behalf, (b) your information may be used in order to make sure you are who you say you are, and to determine how much debt you currently have in order to determine your debt-to-income ratio, (c) such lenders and/or service providers may obtain consumer reports and related information about you from one or more consumer reporting agencies, such as TransUnion, Experian and Equifax, and (d) your information may be used to make prequalification and other credit decisions.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BTO WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF PROFITS, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL BTO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED FIFTY DOLLARS ($50).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
Dispute Resolution
Any controversy or claim arising out of or relating to these Terms of Service or the breach thereof shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules (including the Optional Rules for Emergency Measures of Protection), and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration proceedings shall be conducted before one (1) neutral arbitrator selected by the American Arbitration Association. The place of arbitration shall be New York, New York. Either party may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Either party also may, without waiving any remedy under these Terms of Service, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy).
Termination
You agree that BTO, in our sole discretion, may suspend or terminate your use of the Services and remove and discard any content within the Services for any reason, including, without limitation, for lack of use or if BTO believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service.
General
These Terms of Service constitute the entire agreement between you and BTO and govern your use of the Services, superseding any prior agreements between you and BTO with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of Delaware without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration as set forth above, you and BTO agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Wilmington, Delaware. The failure of BTO to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of BTO, but BTO may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Services.
Your Privacy
At BTO, we respect the privacy of our users. For details please see our Privacy Policy attached alongside this document. By using the Services, you consent to our collection and use of your personal data as outlined therein.