Acceptance of the Terms of Use
Welcome to Rain City Capital. The terms of use are entered into by and between you and Rain City Capital, LLC, together with its subsidiaries and other corporate affiliates (“Rain City,” “we,” or “us”). The following terms and conditions (as they may be amended from time to time, the “Terms of Use” or “Agreement”) govern your access to and use of https://www.raincitycapital.com/, including any subdomain thereof, any content, functionality and services offered on or through https://www.raincitycapital.com/ (the “Website”), and together with the Rain City service and network, including any new features and applications (the “Service(s)”), whether as a guest or a registered user. Reference herein to Service includes the Website.
You signify that you have read, understand and agree to be bound by these Terms of Use, regardless of whether you have created a borrower, investor, broker, or other account on the Service, or whether you have applied for our products or services. For purposes of these Terms of Use, the term “you” includes you and any of your agents (such as a mortgage broker using the Service and acting on your behalf), and any principal (such as an LLC or other entity) on whose behalf you are acting when accessing the Website. If you are accessing the Service or applying for our products or services on behalf of an LLC, corporation, partnership, trust, or other person or entity, you represent that you have the authority to agree to our Terms of Use on behalf of the entity and that your use of the Website shall constitute the person or entity’s agreement.
In addition to all other agreements that may be provided to you with a loan transaction, this Terms of Use Agreement sets forth the legally binding terms for your use of the Services and they shall apply to all users of the Website. By using the Services, you agree to be bound by this Agreement. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement.
When using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitations, the Privacy Policy. All such terms are hereby incorporated by reference into these Terms of Use. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website or Service.
In addition to these Terms of Use, you may enter into other agreements with us or others that will govern your use of the Service or related services offered by us or others. If there is any contradiction between these Terms of Use and another written agreement you enter into applicable to specific aspects of the Service, the other written agreement shall take precedence in relation to the specific aspects of the Service to which it applies.
This Website is offered and available to users who are 18 years of age or older. The term “User” means any individual, including you, as well as any business entity, who accesses or uses the Website themselves or through an agent. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or Service is unavailable at any time or for any period. The Services provided by Rain City are AS IS and Rain City assumes no responsibility for any failure in providing the Services to you. From time to time, we may restrict access to some parts of the Website, the entire website, or any Service, to users, including registered users.
You are responsible for both:
Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
You may be required to register with us in order to access and use certain features of the Service. In consideration of your use of the Service, you agree to (a) provide accurate, current, and complete information as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account.
You agree to (i) immediately notify us of any unauthorized use of your password or account or any other breach of security and (ii) ensure that you exit from your account at the end of each session when accessing the Service. You agree to not hold Rain City liable for any loss or damage arising from your failure to comply with this section.
We have the right to disable any username, password or other identifies, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete.
Fees & Payments
Some of the services offered may require the payment of fees, interest and other amounts (“Charged Services”). These services are subject to separate agreements into which you must enter prior to participating in such service. If you elect to sign up for Charged Services, you shall pay all applicable amounts, as described on the Services in connection with such Charged Services selected by you. Rain City reserves the right to change its prices and at any time, subject to applicable law. You authorize Rain City directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information as provided while signing up for such Charged Services. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay for any such taxes that might be applicable to your use of the Services and payments made by you to Rain City. Other amounts and the terms for payment of those amounts are described in specific application pages as you progress through your application (and from time to time thereafter).
Intellectual Property Rights
The content on the Services (the “Content”) and the Services are subject to copyright and other intellectual property rights under local and international laws and conventions. To the best of its knowledge, Rain City uses only Content that it owns or is otherwise allowed and permitted for use by the owner/s of the copyrights and other intellectual property rights therein. Content on the Services is provided to you AS IS only and it may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Rain City reserves all rights not expressly granted in and to the Website, Services and the Content. You agree to not engage in the use, copying, or distribution of any of the Content or Services other than expressly permitted herein for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use of Services or copying of any Content or enforce limitations on use of the Services or Content therein.
Trademarks
The Rain City name, the term Rain City Capital, and all related names, logos, product and service names, designs and slogans are common law trademarks of Rain City or its affiliates or licensors. You must not use such marks without the prior written permission of Rain City. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Third Party Content, Services, and Links to Other Internet Sites
Our Services may contain links to other websites, merchandise, and services provided, owned or operated by third parties (“Third Party Services”); these links do not imply our endorsement or approval of Third Party Services or any related material. The Third Party Services are not under our control and we are not responsible for the availability, content, products, services, advertising, or other materials available on the Third Party Services. The privacy policies of Third Party Services may provide less security than our web sites so we strongly encourage you to read the third party’s privacy policy before sharing any information with that third party. All matters concerning Thir Party Services are solely between you and the third party. We make no warranties or representations whatsoever with regard to any Third Party Service and we are not responsible or liable to you for any damages, losses, or injuries of any kind arising out of your use of any Third Party Service.
Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services to:
in any way that violates any applicable federal, state, local or international law or regulation;
to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use;
to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
to impersonate or attempt to impersonate Rain City, a Rain City employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
register for more than one account, register for an account on behalf of an individual other than yourself, or register for an account on behalf of any group or entity unless you are an authorized agent of that business or entity with authority to register for an account on its behalf;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
access personally identifying information of other Users without that User’s authorization;
intimidate or harass other users;
use or attempt to use another’s account, service or system without our written authorization, or create a false identity on the Service;
use an account opened in the name of a business or entity for the benefit of a different person, business or entity;
upload, post, transmit, share, store or otherwise make publicly available on the Service any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; or
engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Rain City or users of the Website, or expose them to liability.
Additionally, you agree not to:
use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real etime activities through the Website;
use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent;
use any device, software or routine that interferes with the proper working of the Website;
introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
attempt to gain unauthorized access to, interfere with, damange or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; or
Otherwise attempt to interfere with the proper working of the Website.
Reasonable Accommodation & Online Accessibility
Users who need a reasonable accommodation to access our products and services or a User with a disability that experiences accessibility issues with our website should contact us by email: info@raincitycapital.com or by phone at 1 (425) 434-9009.
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, about any product or services offered by Rain City. 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. You understand that you need not provide this consent as a condition of obtaining goods or services from Rain City, and that you may decline to provide or revoke your consent at any time by emailing legalnotices@raincitycapital.com or by any other method that reasonably ensures we receive your revocation.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Promotions
From time to time, we may offer promotions or special opportunities ("Promotions") on our Website. The Promotions may come in the form of incentives, such as, without limitation, credits or fee discounts. We may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any Promotion in our sole discretion and we reserve the right to cancel any active Promotion at any time. We also reserve the right to withhold or deduct credits or benefits obtained through a Promotion in the event that we determine or believe that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Terms of Use.
Warranty Disclaimer & Limitation of Liability
YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, RAIN CITY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. RAIN CITY MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THIS SERVICE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE. IN NO EVENT SHALL RAIN CITY, ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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 CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. RAIN CITY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE RAIN CITY WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND RAIN CITY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Geographic Restrictions
The owner of the Website is based in the State of Washington in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Indemnity
You agree to defend, indemnify and hold harmless Rain City, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) your violation of any other terms applicable to your use of Charged Services. This defense and indemnification obligation will survive these Terms of Use and your use of the Services.
Events Beyond Control
Under no circumstances shall Rain City be held liable for any delay or failure in this Website and/or any of the Services and/or information on the Services directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of Rain City, including, without limitation, Internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, war, terrorism, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, the limitation of Limitation of Liability section as stipulated above.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Washington, in each case located in the County of King, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At Rain City’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Washington law.
Waiver and Severability
No waiver by Rain City of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Rain City to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Rain City with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
Patriot Act
To help the government fight the funding of terrorism and money laundering activities, federal law requires we obtain, verify, and record information that identifies each person who creates a relationship. When you create a relationship with us, we may ask for your name, address, date of birth and/or other information that will allow us to identify you.
Your Comments and Concerns
This website is operated by Rain City Capital, LLC, 12131 113TH AVE NE STE 201, KIRKLAND, Washington 98034.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@raincitycapital.com.