Neon Financial Inc.
Privacy Policy

This privacy policy (“Policy”) describes how Neon Financial Inc. ("Neon”, “Company”, “us”,“our”, and “we”) and its related companies (“Company”) collect, use and share personal information of consumer users of this website, https://www.neonforlife.com/ (the “Site”). This Policy also applies to any of our other websites that post this Policy. This Policy does not apply to websites that post different statements.

WHAT WE COLLECT

We get information about you in a range of ways.

Information You Give Us: We collect your‎ name, postal address, email address, phone number, fax number, username, password, demographic information (such as your gender and occupation) as well as other information you directly give us on our Site.

Information We Get From Others: We may get information about you from other sources. We may add this to information we get from this Site.

Information Automatically Collected:We automatically log information about you and your computer. For example, when visiting our Site, we log your computer operating system type, browser type, browser language, the website you visited before browsing to our Site, pages you viewed, how long you spent on a page, access times and information about your use of and actions on our Site.

Cookies: We may log information using "cookies." Cookies are small data files stored on your hard drive by a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site. This type of information is collected to make the Site more useful to you and to tailor the experience with us to meet your special interests and needs.

USE OF PERSONAL INFORMATION

We use your personal information as follows:

  • We use your personal information to operate, maintain, and improve our sites, products, and services.
  • We use your personal information to process and deliver contest entries and rewards.
  • We use your personal information to respond to comments and questions and provide customer service.
  • We use your personal information to send information including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages.
  • We use your personal information to communicate about promotions, upcoming events, and other news about products and services offered by us and our selected partners.
  • We use your personal information to link or combine user information with other personal information
  • We use your personal information to protect, investigate, and deter against fraudulent, unauthorized, or illegal activity.
  • We use your personal information to provide and deliver products and services customers request.
SHARING OF PERSONAL INFORMATION

We may share personal information as follows:

  • We may share personal information with your consent. For example, you may let us share personal information with others for their own marketing uses. Those uses will be subject to their privacy policies.
  • We may share personal information when we do a business deal, or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding.
  • We may share personal information for legal, protection, and safety purposes.
    • We may share information to comply with laws.
    • We may share information to respond to lawful requests and legal processes.
    • We may share information to protect the rights and property of Neon Financial Inc., our agents, customers, and others. This includes enforcing our agreements, policies, and terms of use.
    • We may share information in an emergency. This includes protecting the safety of our employees and agents, our customers, or any person.
  • We may share information with those who need it to do work for us.

We may also share aggregated and/or anonymized data with others for their own uses.

INFORMATION CHOICES AND CHANGES

Our marketing emails tell you how to “opt-out.” If you opt out, we may still send you non-marketing emails. Non-marketing emails include emails about your accounts and our business dealings with you.

You may send requests about personal information to our Contact Information below. You can request to change contact choices, opt-out of our sharing with others, and update your personal information.

You can typically remove and reject cookies from our Site with your browser settings. Many browsers are set to accept cookies until you change your settings. If you remove or reject our cookies, it could affect how our Site works for you.

Your continued use of our website will be regarded as acceptance of our privacy policy and practices. Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and practices of these sites and can not accept responsibility or liability for their respective privacy policies.

CONTACT INFORMATION

We welcome your comments or questions about this privacy policy. You may also contact us at our address:

Neon Financial Inc.
Address: 73 E Lake St #3706
Chicago, IL 60601
Telephone: 844-982-2444
Email: support@neonforlife.com

CHANGES TO PRIVACY POLICY

This privacy policy is effective as of 02/25/2020. We may change this privacy policy any time.




Terms of Service
Version 1.1

The website located at https://www.neonforlife.com/ (the “Site”) is a copyrighted work belonging to Neon Financial Inc. (“Neon”, “Company”, “us”,“our”, and “we”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

The Services allow you to: (i) register and store on our remote cloud service your bank account information ("Payment Account Information"); (ii) extract and store on our remote server your account information with your authorized third party billers ("Biller(s)", “biller(s)”, “Payee(s)” or “payee(s)”),and (iii) provide access to your Payment Account Information to us when you are using Neon. Billers may include third party providers such as, but not limited to, your property management company, utility service provider, homeowner association, parking provider, or any other third party service provider or biller for which you authorize Neon to facilitate bill payments on your behalf.

These terms of use (these “terms”) set forth the legally binding terms and conditions that govern your use of the site. By accessing or using the site, you are accepting these terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority,and capacity to enter into these terms (on behalf of yourself or the entity that you represent). You may not access or use the site or accept the terms ifyou are not at least 18 years old. If you do not agree with all of the provisionsof these terms, do not access and/or use the site. These terms require the use of arbitration (section 10.2) on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

The Parties to this Agreement

These Terms of Service describe a contractual relationship (“Agreement”) between you (“you”, “your”, “User”, “user”, “Customer” or “customer”) and Neon Financial Inc. (including its subsidiaries, affiliates, agents, and assigns), regarding your use of this Site, and your use of any products or service(s) offered through the Site, (collectively, “Neon Service(s)” or “Service(s)”). To access the Services you must create an account with Neon (“Account”).

Changes to this Agreement

Neon may unilaterally decide to change this Agreement from time to time, with our without notice to the user. Any such modification will be effective immediately upon public posting. You agree to accept any changes to this agreement by using Services after changes have been posted. If Neon makes any changes to this Agreement that it deems to be material, Neon will make a reasonable effort to inform you of such changes, but it is your responsibility to review the Agreement posted to our website from time to time to see if it has been changed.

  1. ACCOUNTS

    1.1 Account Creation: In order to use certain features of the Site, you must register for an Account and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site.Company may suspend or terminate your Account in accordance with Section 9.

    1.2 Account Responsibilities: You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

  2. ACCESS TO THE SITE

    2.1 License: Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use.

    2.2 Certain Restrictions: The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.

    2.3 Modification: Company reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.

    2.4 No Support or Maintenance: You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site.

    2.5 Ownership: Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

  3. USER CONTENT

    3.1 User Content: "User Content" means any and all information and content that a user submits to, or uses with, the Site (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 3.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

    Neon, at its sole discretion, may remove any Information that you share on the Site for any reason. You may remove your Information you have posted on the Site and/or Services. Additionally, the deleted Information may be archived and/or otherwise preserved on our servers or in backup copies. Your Information may be accessed and reviewed by Neon at its sole discretion. Neon, may, at its discretion, translate, reformat, edit, delete, or modify any of your Information. You are solely responsible for your Information you post on the Site and/or Services. You agree that Neon may at its sole discretion review, delete, or remove without notice to you any of your Information that Neon determines to violate the Terms of Service. Your Information will be available to other users of our Site and/or Services. Other users of our Site and/or Services may access, use, store and transfer your Information. Each user who posts, lists, or shares any information on the Site or by use of the Site or Services is solely responsible of their respective Information.

    3.2 License: You hereby grant (and you represent and warrant that you have the right to grant) to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

    3.3 Acceptable Use Policy: The following terms constitute our “Acceptable Use Policy”:

    • You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
    • In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

    3.4 Enforcement: We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 9, and/or reporting you to law enforcement authorities.

    3.5 Feedback: If you provide Company with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.

  4. HOW NEON SERVES YOU

    4.1 Obtaining Information from Your Biller: You expressly authorize Company to obtain your information from your biller, or biller online account. This information can include, but is not limited to, (1) bill payment history (2) failed payments (3) outstanding payment balance (4) personal information. This information may be used to verify your identity and for other purposes as deemed necessary by the Company.

    4.2 Collecting Information About You: By using the Services, you authorize Neon, directly or through third parties, to make any inquiries we consider necessary to validate your identity and to collect information about you in accordance with the Customer Identification Program (CIP) rules implementing Section 326 of the USA PATRIOT Act and our Privacy Policy. This may include asking you for further information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying your information against third party databases or through other sources. We may also ask you for identifying documents to help us validate your identity. Neon reserves the right to close, suspend, or limit access to your account and/or the Services in the event we are unable to obtain or verify this information.

    When you provide information to Neon or in connection with the Services, you agree to provide only true, accurate, current and complete information about yourself and you agree not to misrepresent your identity or your account information. You further agree to keep your account information up to date and accurate.

    4.3 Third Party Providers: We may rely on third party providers to assist us in making a tool or other Service available to you. By linking your bank account to a tool or Service, you authorize us and our third-party providers to access your financial accounts on your behalf, and to gather information about you. You give us and our third-party providers a limited power of attorney and appoint us and our third-party providers as your true and lawful attorney-in-fact and agent to act on your behalf and access, transmit, and use your information as necessary to provide the tools and other Services. You agree to the transfer, storage, and processing of your information by these third-party providers in accordance with their respective privacy policies, including Plaid’s and Stripe’s privacy policy. We have no liability to you for any damages you may suffer as a result of any such third party’s actions or inactions or from inaccurate account information.

    4.4 Working with Third Parties: If you grant express permission to a third party to take specific actions on your behalf, or access particular information about your account, either through your use of the third party’s product or service or through your Neon account, you acknowledge that Neon may disclose the information about your account that is authorized by you to this third party. You also acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Further, you acknowledge and agree that you will not hold Neon responsible for, and will indemnify Neon from, any liability arising from the actions or inactions of this third party in connection with the permissions you grant.

    4.5 Payments to Billers: Neon facilitates bill payments to your designated billers (“Billers”, “Payee”). You direct Neon to retrieve your transaction history, balance information and/or other information maintained by third-parties with which you have relationships, maintain accounts or engage in financial transactions such as Payees or their online portals (“Third-Party Account Information”). By using Neon Services, you authorize Neon to access this information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to Neon.

    Further, you authorize Neon to facilitate bill payments on your behalf to such Payees, including through the use of Payees’ designated online payment portals. You agree that, pursuant to your agreement with Neon, Neon may apply funds or loan proceeds (on your behalf) to such bill payments, and you authorize Neon to make these payments through these Payee portals as your agent. In providing its Services, Neon has no knowledge of, and is not responsible for a violation of any contractual obligations you may have with your Payee, including the Payee’s terms of use.

    By agreeing to these Terms, you are also agreeing that you are responsible for keeping your passwords and usernames for these portals secure, and for keeping those passwords and usernames up to date in the App or Website. Neon does not review the portals or Third-Party Account Information for accuracy, legality or non-infringement, and Neon is not responsible for your Third-Party Account Information or products and services offered by or on third-party sites.

    4.6 Additional: When you sign up for Neon and add your bills, you provide consent and authorize us to debit payments (which includes any fees) in accordance with your Payment Schedule automatically from the bank account(s) or credit union(s) you add with us. If we are unable to access funds from your bank or credit union account to complete payments that you provided consent for and authorized us to debit at the time you requested the funds, we reserve the right to ban you from accessing Neon in the future. We also reserve the right to revoke access to your account at any time, if we detect any suspicious activity or fraud.

  5. INDEMNIFICATION

    You agree to defend, indemnify and hold Neon (and its officers, employees, agents, affiliates, and licensors) harmless and each of their respective officers, directors, employees and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any third party claim with respect to (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content (e) alleged infringement or misappropriation of third-party’s intellectual property rights resulting from User Content, or your account. Neon reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Neon. Neon will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

  6. THIRD-PARTY LINKS & ADS; OTHER USERS

    6.1 Third-Party Links and Ads:The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.

    6.2 Other Users: Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Site users are solely between you and such users. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.

    6.3 Release: You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads). 1.1 If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

  7. DISCLAIMERS

    This site is provided on an "as-is" and "as-available" basis, and company (and our suppliers) expressly disclaim any and all warranties and conditions of any kind, whether express, implied or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We (and our suppliers) make no warranty that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of vurises or other harmful code, complete, legal or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.

    Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

  8. LIMITATION ON LIABILITY

    To the maximum extent permitted by law, in no event shall company (or our suppliers) be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or inability to use, the site, even if company has been advised of the possibility of such damages. Access to, and use of, the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

    To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to a maximum of fifty US dollars (U.S. $50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind from or relating to this agreement.

    Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

  9. TERM AND TERMINATION

    Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 through 2.5, Section 3 and Sections 4 through 10.

  10. GENERAL

    10.1 Changes: These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

    10.2 Dispute Resolution: PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY BEFORE AGREEING TO THESE TERMS OF SERVICE BY USING NEON OR THE SITE. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

    • Applicability of Arbitration Agreement. Except as explicitly provided in this Agreement, any dispute or claim relating in any way to your visit to the Website, your use of the Services, a product offered or provided by or through the Website or Service, or otherwise arising out of or relating to this Agreement or the Services that cannot be resolved directly between you and Neon shall be resolved by non-appearance based binding arbitration, rather than in court. Except as otherwise provided in this Agreement, this includes any claims based in contract, statute, tort, fraud, misrepresentation or any other legal theory. The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration and court review of an arbitration award is limited, but an arbitrator can award an individual the same damages and relief as a court and must apply and follow the terms of this Agreement as a court would.

      The arbitration shall be conducted by telephone or electronic means and/or shall be solely based on written submissions, the specific manner of which shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless the arbitrator determines that an in-person hearing is necessary based on the request of one of the parties and any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. You and Neon each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree to proceed only on an individual basis and not in a class, consolidated, or representative action. The parties hereby appoint the arbitrator the exclusive power to rule on any challenges to the requirement for the use of alternative dispute resolution process in these terms.

      Except as explicitly provided elsewhere in this Agreement, all claims you bring against Neon must be resolved in accordance with this Section. Any claim filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, Neon may recover from you attorneys’ fees and costs up to $1,500 per claim, provided that Neon first has notified you in writing of the improperly filed claim and you have failed to promptly withdraw the claim.

    • Time Limits. If you or the Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
    • Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
    • Waiver of Jury Trial. The parties hereby waiver their constitutional and statutory rights to go to court and have a trial in front of a judge or jury, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, you and the company waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.
    • Waiver of Class or Consolidated Actions. All claims and disputes withing the scope of this arbitration agreement or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
    • Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
    • Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
    • Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
    • Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.
    • Small Claims Court. Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.
    • Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
    • Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
    • Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Cook County, Illinois, for such purpose.

    10.3 Export: The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.

    10.4 Disclosures: Company is located at the address in Section 10.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

    10.5 Electronic Communications: The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

    10.6 Entire Terms: These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

    10.7 Contact Information:

    Neon Financial Inc.
    Address: 73 E Lake St #3706
    Chicago, IL 60601
    Telephone: 844-982-2444
    Email: support@neonforlife.com