Terms of Use

1. Introduction

This is a legal agreement between you and Core AI Technologies Inc., a Delaware corporation doing business as GoldenOak ("GoldenOak"), which may be contacted at [Address]. By accessing this website, and any sub-sites of this website (together the "Site"), and/or using any of the Services (as defined below) accessible through the Site, you become a user and agree to, and are bound by, the terms and conditions of this agreement and the GoldenOak Privacy Policy (collectively, "Terms") for as long as you continue to use the Site or Services. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, DO NOT USE THE SITE OR THE SERVICES.

Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in the Terms or will be presented to you for your acceptance when you sign up to use such Services or purchase such products. Please check these Terms periodically for changes as we reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

As used in these Terms, "GoldenOak" includes "Core AI Technologies Inc.", "GoldenOak", "we", "us" and variations such as "our". "Service" includes the products, services and software that you order, receive or access as part of your use of GoldenOak's Sites.

THESE TERMS STATE THAT ANY DISPUTES BETWEEN YOU AND GOLDENOAK MUST BE RESOLVED IN BINDING ARBITRATION, THAT YOU WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, AND THAT THE LAW OF THE STATE OF CALIFORNIA APPLIES TO ALL INTERACTIONS BETWEEN YOU AND GOLDENOAK. YOU MAY OPT OUT OF ARBITRATION AND THE CLASS ACTION WAIVER BY FOLLOWING THE PROCEDURES IN SECTION 10.G BELOW

2. Description of Services

GoldenOak engages in several business services (the "Services") for which a customer may use the Site. GoldenOak reserves the right to cancel a portion of any of our Services at any time.

2.1 Marketplace Services

GoldenOak operates as a platform that connects qualified small business owners with active banks, credit unions, and other lending and commercial funding sources (the "Marketplace Services"). GoldenOak assists business owners in identifying the business funding type and specific business Funder(s) that may offer the business an opportunity to prepare for and acquire a business loan. It is important to note that GoldenOak does not provide loans directly. We are a pre-qualification tool that collects application information to connect potential borrowers to lenders.

2.2 Other miscellaneous services

GoldenOak may add additional products and services over time, and these Terms of Use shall apply to those additional services.

3. Use of Site and Service

As a user of the Site or a user registered to use any of the Services (a "Registered User"), you agree to the following:

1. Exclusive Use. Your account is to be used only by you and only for your business needs. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that GoldenOak is not responsible for third-party access to your account that results from theft or misappropriation of your user name and passwords.
2. Information Submitted. You are solely responsible for, and assume all liability regarding (i) the information and content you provide through your use of the Site and any Services, (ii) the information and content you make available in any manner through the service, and (iii) your interaction with any and all third-parties. Any attempt to enter information to create a duplicate account will be rejected and your account will be put on hold.
3. Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any interactions with third-parties, including but not limited to any lenders to which you are matched, referred or provided.
4. No Guarantees. GoldenOak may not be able to provide matches for every individual or business seeking to use the Services. GoldenOak makes no guarantees as to the number of matches or the suitability of the business funding for any individual or business which utilizes the Services. Furthermore, as GoldenOak is not a direct lender, we do not guarantee that you will be approved for a loan or receive funding from any of our lending partners.
5. No False Information. You agree to provide accurate, true, current and complete information. In the event that GoldenOak determines that the information that is provided is incomplete, fraudulent, false, or otherwise inaccurate, GoldenOak reserves the right to terminate your access to the Services.
6. Legal Purpose. You agree to not use the Site or Services for any illegal purpose. You will only use the Site or Service in accordance with federal, state and local laws.
7. Business Purpose. You agree to only use the Site or Services for a bona fide business purpose. You agree not to use the Site or Services for personal, family or household purposes. You may not use the Site or Services to obtain information about or make decisions about anyone but yourself and/or your business.

4. Intellectual Property Rights

1. Ownership of Proprietary Information. You hereby acknowledge and agree that GoldenOak is the owner of all rights in and to the Site and Services. Federal, state, and local laws and regulations protect these proprietary rights. You are permitted to use the Site and Services only as expressly authorized by these Terms. You may not copy, reproduce, distribute or create derivative works, reverse engineer or reverse compile any of the Site or Services or technology.
2. No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) confidential information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Site or Services, without first obtaining the prior written consent of the owner of such proprietary rights.
3. License to Provided Content. By providing information or content to any account or public area of the Site or Service, you automatically grant, and you represent and warrant that you have the right to grant, to GoldenOak and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.

5. Links to Third Party Websites and Dealings with Advertisers and Sponsors

The Site and Services may contain links to websites of third-parties, including without limitation, advertisers, which are not under the control of GoldenOak, and GoldenOak is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such websites. GoldenOak provides these links to you as a convenience, and the inclusion of any link does not imply that GoldenOak endorses or accepts any responsibility for the content on such third-party websites. Your correspondence or business dealings with, or participation in promotions of, advertisers or third-parties found on or through the Site or Services are solely between you and such advertiser or third-party. You agree that GoldenOak will not be responsible or liable for any loss or damage of any sort incurred as the result of the presence of such advertisers on the Site or Services.

6. Disclaimer of Warranty

1. No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. GOLDENOAK PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GOLDENOAK DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. GOLDENOAK DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
2. Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Site or Services, but not directly by GoldenOak, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. GOLDENOAK DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN GOLDENOAK. UNDER NO CIRCUMSTANCES WILL GOLDENOAK BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
3. Beta Features. From time to time, GoldenOak may offer new "beta" features or tools with which its users may experiment on the Site or Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at GoldenOak's sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.

7. Limitation of Liability

1. Incidental Damages and Aggregate Liability. IN NO EVENT WILL GOLDENOAK BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF GOLDENOAK KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL GOLDENOAK'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS TERMS OR THE USE OF THE SERVICES OR SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT OR SUBSCRIPTION, OR, IF YOU HAVE NOT PAID GOLDENOAK FOR THE USE OF ANY SERVICES, THE AMOUNT OF USD $25.00 OR ITS EQUIVALENT.
2. No Liability for non-GoldenOak Actions. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL GOLDENOAK BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES.
3. Information Verification. GoldenOak and its contractors may use various methods of verifying information that users have provided. However, none of those ways are perfect, and you agree that GoldenOak and its contractors will have no liability to you arising from any incorrectly verified information.

8. Indemnification

You agree to indemnify, defend and hold harmless GoldenOak, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of (i) your use of or inability to use the Site or Services, (ii) any user postings made by you, (iii) your violation of any terms of these Terms or your violation of any rights of a third-party, or (iv) your violation of any applicable laws, rules or regulations. GoldenOak reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with GoldenOak in asserting any available defenses.

9. User Information

1. Privacy Policy. For information about the collection and possible use of information and material provided by you, please visit GoldenOak's Privacy Policy located on the Site. By using the Site or the Services, you are consenting to the terms of GoldenOak's Privacy Policy.
2. Disclosure by Law. You acknowledge and agree that GoldenOak may disclose information you provide if required to do so by law, at the request of a third-party, or if we, in our sole discretion, believe that disclosure is reasonable to (i) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); or (ii) protect or defend GoldenOak's, or a third-party's, rights or property.
3. Information Security. We work hard to protect GoldenOak and our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. In particular:
   • We encrypt many of our services using industry standard methods.
   • We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems.
   • We restrict access to personal information to GoldenOak employees, contractors and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.
4. Use of Anonymous Information for Research. By using the Site and/or Services, you agree to allow GoldenOak to anonymously use the information from you and your experiences through the Services to continue GoldenOak's research into successful business practices and to improve the Services.
5. License Regarding Your Content. You retain all ownership interest in and to the content you provide to the Site or as part of your use of the Services. However, by submitting your content, including your personal and business information, you hereby grant to GoldenOak a perpetual, non-exclusive, irrevocable, royalty-free license to reproduce, adapt, edit, modify, translate, publish, transfer, and/or distribute any of your content. This license specifically includes the right for GoldenOak to make such content available to other trusted companies, organizations, and/or individuals with whom GoldenOak has a business relationship in order to carry out the performance of the Services, including connecting you with potential lenders.

10. Restrictions

You may not, and will make all reasonable efforts to make sure any third parties do not:

1. Use the Services as a money services business, money transmitter, payment intermediary, aggregator, or service bureau or resell the Services in any manner.
2. Use the Services on behalf of a third party in any manner.
3. Abuse the Services in any manner.
4. Use the Service in violation of any other agreement you may have.
5. Create a similar product or service through use of or access to the Service.
6. Use the Service in violation of any law, regulation, or rule.
7. Use the Service to perpetuate or commit a fraud of any kind.
8. Use the Services in any way that is not authorized by GoldenOak.
9. Use the Service for personal bank accounts.

11. Dispute Resolution by Binding Arbitration

By using our Services, you agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration between you and GoldenOak, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

You acknowledge and agree that you and GoldenOak are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and GoldenOak otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and GoldenOak may bring individual actions in small claims court.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect. The arbitrator will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this binding arbitration agreement.

12. Telephone Communications and Agreement to be Contacted

By providing GoldenOak with your telephone number, you expressly consent to receive communications from us and our agents at that number, including autodialed and prerecorded voice calls and text messages. This consent applies even if your phone number is on any corporate, state, or national Do Not Call list. You may opt-out of receiving text messages from us at any time by texting the word STOP to the number from which you are receiving GoldenOak text messages. You acknowledge that opting out of receiving text messages may impact your use of the Services.

13. Text Message Terms and Conditions

By opting in to receive text messages from GoldenOak, you agree to the following terms and conditions:

1. Message and data rates may apply for any messages sent to you from us and to us from you.
2. You will receive recurring messages related to your account and transactions.
3. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
4. If you wish to opt out of text messages at any time, reply to any message with "STOP" (or your wireless provider's preferred opt-out keyword).
5. For additional help, text "HELP" in response to any message, or contact customer service at [insert contact information].

14. General Provisions

1. Controlling Law and Jurisdiction. You agree that California law (without giving effect to its conflicts of law principles) will govern these Terms, the Site and the Services and that any dispute arising out of or relating to these Terms, the Site or the Services will be subject to the exclusive jurisdiction and venue of the federal and state courts in San Francisco County, California.
2. Content. All text, graphics, user interfaces, visual interfaces, photographs, trademarks (whether registered or not), logos, sounds, artwork of any kind, and computer code (collectively, "Content"), including but not limited to the design, structure, coordination, selection, appearance, and arrangement of the Content, contained on the Site is owned by GoldenOak and is protected by trade dress, copyright, trademark, and other property laws and unfair competition laws.
3. Confidentiality. We will take every reasonable precaution to protect your account and account information, however, we cannot guarantee the security of any information you disclose. This includes your sharing of account information with any third party, including employees, contractors, vendors, suppliers, etc. of your business. You agree and acknowledge that the security of your data is your responsibility.
4. Notification of Terms of Use Changes. We may update these Terms of Use to reflect changes to our business operations and the methods by which we work with you, including changing vendors, and other policies relevant to our Services. If we make any material changes we will notify you by email (sent to the email address specified in your account) or by means of a notice on this Site.
5. Term and Termination. This agreement will become effective upon your acceptance of the Terms by your use of the Site or Services and will remain in effect in perpetuity unless terminated hereunder. GoldenOak may terminate your account at any time, for any reason or no reason, without explanation, effective upon written notice to the other party.