Welcome to YourRateHero (hereinafter referred to as "Company" "we," "us," or "our"). Before you begin to use the Website, please take a moment to review these terms and conditions ("Agreement") which is a legal agreement. By submitting any information on this Website, you agree to be bound by these terms and conditions. The Agreement describes the terms and conditions which govern your use of the Website and the products and services provided through or in connection with the Website (collectively, "Service"), which may be updated by us from time to time without notice to you. We may also offer other services that are governed by different terms and conditions. You must read and agree with all of the terms and conditions contained in this Agreement and the posted Privacy Policy then in effect ("Privacy Policy"), which is incorporated by reference, before you use the Service. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access the Service.
1. USER AGREEMENT.
By using this Website, you agree to be bound by and to comply with these Terms and Conditions and the posted Privacy Policy which is incorporated herein as though fully set forth herein. Upon entering the requested information, our technology will forward your information to one of our participating providers or to an aggregator and their providers who may contact you regarding your request for services or products. This may be done automatically and a new window may appear or the provider may contact you directly by telephone, email or mail as set forth below. WE ARE NOT RESPONSIBLE FOR ANY ACTIONS AFTER YOU HAVE LEFT THIS WEBSITE. UPON ENTRY INTO AN PARTICIPANT'S WEBSITE LINKED TO THIS WEBSITE, YOU SHOULD CAREFULLY REVIEW THE Privacy Policy AND TERMS AND CONDITIONS OF USE OF THAT WEBSITE BEFORE ENTERING ANY PERSONAL INFORMATION AS THOSE POLICES AND TERMS WILL DIFFER FROM THESE. In order to provide you the services you have requested, you are expressly giving your permission to provide any information collected on this Website to third parties. As such, you are expressly giving your permission for such third parties to contact you by mail, email, text messaging or telephone. By registering and using this Website, you agree that such act constitutes a purchase, an inquiry and/or an application for purposes of the Amended Telemarketing Sales Rule, 16 CFR §310 et seq. (the "ATSR"). Notwithstanding that your telephone number may be listed on the Federal Trade Commission's Do-Not-Call List (or a state do-not-call) list you have authorized us to contact you via telemarketing in accordance with the ATSR. Moreover, by registering with, or requesting information from, a third-party provider at or through the Website or other advertisement media made available by us (e.g., email marketing), you agree that such action shall constitute a purchase, an inquiry and/or an application with the respective third-party provider for purposes of the ATSR and you may be contacted via email, direct mail and/or telemarketing by such third-party provider in accordance with the ATSR. If, at any time, you do not wish to be bound by these conditions or you are unsatisfied with the Website, its content or other legal notices, you agree that your sole and exclusive remedy is to discontinue using this Website and you may opt-out using the method given below. You further represent and warrant that: (i) You are at least 18 years of age and possess the legal authority to enter into an agreement and to use the Website in accordance with these Terms and Conditions; (ii) All information supplied by you is true and accurate (without limitation of the foregoing, the provision of any speculative, incorrect, misleading, false or fraudulent information is prohibited); (iii) You understand and agree that Company may share personally identifiable information and other information provided by, and aggregated information about you and other users with its vendors, sponsors, providers, service providers and marketers, lookup and reference services, other unaffiliated third parties, and other entities that Company believes are able to provide its Website users with offers and opportunities, as more fully described in the Company's posted Privacy Policy (iv) You understand that abuse of this Website may result in your being denied access to such Website, as determined by Company in its sole discretion; (v) You understand and agree that Company controls only the landing page and intake forms on this Website. Upon entry of the requested information, a participating Provider will be contacting you directly to provide you with information regarding their services and may utilize the information you provide to connect you with their services, including but not limited to perform a “soft” inquiry of credit. Company shall not be responsible for any Provider or aggregators contact with you or any subsequent agreement you may enter into with such Provider or aggregator; and (vi) Your use of the Services on this Website is subject to all applicable federal, state and local laws and regulations; (vii) You also give us permission to send you periodic updates of services and products which may be of interest to you through email, mail, or telemarketing; You understand that our providers may maintain the information you submitted to us whether you elect to use their services or not. In the event you no longer want to receive communications from one of our providers, you agree to notify the partner directly.
2. SERVICES.
The Website is an online network marketplace. You understand and agree that if you submit a request through the Website, we will share your personal information (such as your full name, address, telephone number, and financial information) with participating providers in our network to process and fulfill your request. You understand and agree that we are not a mortgage refinance company, and do not undertake a credit analysis or make credit decisions in connection with the Service (however the participating providers in our network may perform such actions) and that we are not a party to any agreement that you may make with any participating service provider whom you choose to use or from whom you obtain mortgage refinancing. The participating provider(s) with whom you contract to assist you is solely responsible for its services to you. You further acknowledge and agree that we are not acting as your agent or broker and are not recommending any particular service provider to you. Any compensation we may receive is paid by the participating service provider for advertising services we provided to them. We do not charge you a fee to use the Website. You understand that the requirements for a particular service are made by the participating service providers and we do not endorse, warrant, or guarantee the products or service provider or installer. Nothing contained in this Agreement shall constitute an offer or promise for a loan commitment or mortgage refinancing. You agree that we shall not be liable for any damages or costs of any type which arise out of or in connection with your use of the service provider's services. You also give us permission to send you periodic updates of services and products which may be of interest to you. Please note that information we provide you either on the website or by email may not be used as the sole basis for your decision to retain a particular service provider, and their services may not meet your particular needs. Please seek the advice of an appropriate professional for an assessment of the loan information provided by the lender.
3. CHANGES TO TERMS AND CONDITIONS AND POLICIES.
We reserve the right to make material changes to this Agreement from time to time, by posting the updated versions on the Website. By using the Website, you agree to be bound by any such revisions and should therefore periodically visit the Website to determine the then-current Agreement to which you are bound. Your use of the Website after such modifications will constitute your acknowledgment of the modified Agreement; and agreement to abide and be bound by the modified Agreement.
4. REJECTION, TERMINATION AND CANCELLATION.
Company or its participating service provider may reject any registration or subsequent application from any person with or without cause at their sole discretion. Your status as a registered user creates only a customer relationship with Company and does not create an employment relationship, an independent contractor relationship, an agency relationship, or any other relationship. You may cancel your request at any time by sending an e-mail to [email protected].
5. PROHIBITED USER CONDUCT.
A. You are prohibited from any conduct that, in Company's sole discretion, restricts or inhibits any other user from using or enjoying the Website or any linked Website. You are prohibited from accessing or attempting to access private areas of the Website or any other user's information. You are prohibited from impersonating any person or entity or otherwise falsely stating or misrepresenting your affiliation with a person or entity.
B. You are prohibited from using any data, content, and any information provided or used on the Website, as well as your use of our Website, products and services which will infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any person or entity, including third-parties. You are prohibited from using any data, content or information which contains or promotes any viruses, Trojan horses, worms, time bombs or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Website, data, personal information, software, equipment, servers, or content or facilitate or promote hacking or similar conduct. You are prohibited from harvesting, sweeping, or use any other means, to collect information about users of the Website; Use automated means, including spiders, robots, bots, scripts, crawlers, or the like, in connection with any activity on the Website; Resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without the prior express written authorization of Company; Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Website content; or except as otherwise expressly permitted on the Website, use any information you may obtain from the Website (including without limitation, user information) to send any other person unsolicited messages, commercial or otherwise, by electronic, telephonic, postal or other means.
6. MARKETING MATERIALS.
By signing up at the Website, you are giving your consent to receive promotions or newsletters from Company, our affiliates and/or third-party marketers. If you do not wish to receive these emails, you may request to be removed by using the opt-out mechanism listed in the email messages you receive. To opt-out of email promotions from Company alone, you may simply use our convenient Opt-Out Page located at the bottom of the first page of the Website. Please note that exercising an opt-out mechanism only applies to the company with which you exercised that right.
7. THIRD PARTY CONTENT/PROMOTIONS, THIRD PARTY PRODUCTS, AND THIRD PARTY WEBSITE ACTIVITIES.
The Website may display and make available content, promotions, advertisements, and offers provided by third parties ("Third Party Promotions"), as well as goods and services offered by third parties ("Third Party Products"). You understand and agree that Company shall not be responsible and shall have no liability for any Third Party Promotion or Third Party Product or for your activities on any third party Websites for whom Company displays offers ("Third Party Website Activity"), and that you participate in or choose to click on a Third Party Promotion, purchase and/or use a Third Party Product, or participate in a Third Party Website Activity solely at your own risk. You agree that your sole remedy in connection with any Third Party Promotion, Third Party Product or Third Party Website Activity will be with the applicable Third Party offering the Third Party Promotion, Third Party Product or Third Party Website Activity and that you shall have no remedy against Company arising from your use of or participation in, or inability to use or participate in, any Third Party Promotion, Third Party Product or Third Party Website Activity.
8. RELATIONSHIP WITH MARKETING PROVIDERS.
This is an independent Website and is not affiliated with any of the listed products or services. Trademarks, service marks, logos, and/or domain names are the property of their respective owners, who have no association with or make any endorsement of the products or services provided by this Website. Furthermore, participating service providers are independent third parties and this Website is not acting as a principal, agent or broker with respect to any providers.
9. LINKED WEBSITES.
You may be able to link to third parties Websites ("Linked Websites") from the Website. Linked Websites are not, however, reviewed, controlled, or examined by Company in any way and Company is not responsible for the content, availability, advertising, products or other materials of any such Linked Websites, or any additional links contained therein. Except as otherwise noted on the Website, these links do not imply Company endorsement of or association with the Linked Websites. In no event shall Company be liable, directly, or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to the Linked Websites, the Linked Websites themselves, your participation in activities on such Linked Websites, or the information, material, products, or services accessed through these Linked Websites. You should direct any concerns to that Website's administrator or webmaster. Company reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Websites from the Website and/or introduce different features or links.
10. INTELLECTUAL PROPERTY RIGHTS.
The Website contains intellectual property owned by Company and other parties. As between Company and you, Company is the sole owner of the Website and all materials on or available through the Website, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto (collectively, the "Website Content"). Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Website content or any portion thereof, for any purpose; however, you may print a copy of individual screens appearing as part of the Website content solely for your personal, non-commercial use or records, provided that any Company or other marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. Except as otherwise expressly permitted herein, you may not modify, copy, publish, display, transmit, adapt or in any way exploit any portion of the Website content unless you first obtain prior written consent from Company -- and from all other entities with an interest in the relevant intellectual property. Any unauthorized attempt to modify any Website content, to defeat or circumvent Company security features, or to utilize this Website for other than its intended purposes is strictly prohibited.
11. DISCLAIMER OF WARRANTIES.
Except as expressly set forth herein, Company is not responsible for any incorrect or inaccurate information or entry of information, whether caused by users of the Website or by any of the equipment or programming associated with or utilized in connection with the Website or the products or services provided on or through the Website, or by any technical or human error which may occur in the processing of information received by Company. Company assumes no responsibly for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, information received or submitted in connection with the Website. Company is not responsible for any problems, errors or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, or software, or any failure of email on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to participants or to any other person's computer related to or resulting from use of the Website or Website Content. THIS WEBSITE, INCLUDING THE WEBSITE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, COMPANY, AND ITS PARENT, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, ADVERTISERS, SUCCESSORS AND ASSIGNS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE WEBSITE, AND THE WEBSITE CONTENT; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT OR GUARANTEE THAT ANY PORTION OF THE WEBSITE OR THE WEBSITE CONTENT WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR THAT ACCESS TO THE WEBSITE OR WEBSITE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE.
12. LIMITATION OF LIABILITY.
IN NO EVENT WILL COMPANY, ITS PARENTS, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, PROVIDERS, SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES AND SHAREHOLDERS BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE OR WEBSITE CONTENT, EVEN IF ALL SUCH PARTIES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEBSITE OR THE WEBSITE CONTENT.
13. EXCLUSIONS AND LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14. MONITORING WEBSITE USAGE.
You agree that Company may electronically monitor the Website and disclose any content, records, or electronic communication of any kind (i) to satisfy any legal process or request; (ii) to operate the Website; or (iii) to protect Company rights or the rights of the users, sponsors, providers, licensors, or merchants.
15. INDEMNITY.
You agree to defend, indemnify and hold Company, its parents, subsidiaries, partners, agents, affiliates, licensors, providers, successors and assigns and their respective officers, directors, employees and shareholders harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys fees, arising in any way from, in connection with or as a result of your use or inability to use the Website and or Website Content, any information provided to you by the Website, or any violation of these Terms and Conditions by you.
YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES; "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
16. RELEASE.
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE COMPANY AND ITS AFFILLIATES, PARTNERS, SERVICE PROVIDERS, CLIENTS, VENDORS, AND CONTRCTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.
17. DEALINGS WITH THIRD PARTIES.
Your correspondence or business dealings with any third parties as a result of your use of this Website and participation in the Service, including, but not limited to, business dealings with service providers, or any other terms, conditions, warranties, representations associated with such dealings, are solely between you and such third party. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party on the Website.
18. DISPUTE RESOLUTION.
This Agreement will be interpreted in accordance with the laws of the State of California, without regard to the conflicts of laws principles thereof. You agree that any and all disputes, claims or controversies arising out of or relating to your visit to this Website, your dealings with the Company or its partners, or this Agreement, its interpretation, performance, or breach, that are not resolved by informal negotiation within thirty (30) days (or any mutually agreed extension of time), shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association ("AAA") in Los Angeles, California. Either party may commence the arbitration process called for herein by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA's Commercial Dispute Resolutions Procedures in effect at the time of submission of the demand for arbitration. The costs of arbitration plus reasonable attorney’s fees (including fees for the value of services provided by in house Provider) shall be awarded to the prevailing party in such arbitration. Judgment on the award rendered by the arbitrator may be entered in the Superior Court of California, Los Angeles County, or the United States District Court for the Central District of California. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the Superior Court of California, Los Angeles County, or the United States District Court for the Central District of California: (i) any dispute, controversy, or claim relating to or contesting the validity of Company's proprietary rights, including without limitation, trademarks, service marks, copyrights, or trade secrets; or, (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. You waive any and all rights to bring any claim in another form other than individual form, including the right to bring a class action in any forum, arbitration or otherwise.
19. WAIVER AND SEVERABILITY OF TERMS.
The failure by Company to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement 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 the Agreement remain in full force and effect.
20. ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement between you and Company and governs your use of the Website and Service, superseding any prior agreements. You also may be subject to additional terms and conditions that may apply when you use or purchase other Company services, affiliated services, third party content or third-party software.
21. STATUTE OF LIMITATIONS.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO USE OF THE SERVICE OR THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.