Terms & Conditions
Please read this agreement ("Agreement") carefully before accessing or using this Website ("Site").
THIS AGREEMENT IS BETWEEN USER (hereinafter "User," "You," "Your") AND REFIADVISOR LLC, a Nevada Limited Liability Company, d.b.a. www.RefiAdvisor.com. (hereafter "RefiAdvisor," "RefiAdvisor.com," "Website," "Limited Liability Company" ). RefiAdvisor's services offered to you, the "User," are conditioned on your acceptance without modification, of the terms, conditions, and notices contained in this Agreement. Your use of RefiAdvisor's services constitutes your agreement to all such terms, conditions, and notices.
DESCRIPTION OF THE SERVICE OFFERED
RefiAdvisor.com is a Website containing a computerized program which provides a mechanism available via the Internet, pursuant to which consumers can obtain information regarding mortgage refinancing, mortgage lenders and mortgage brokers.
The listing of companies on the Website, and/or your ability to "click-through" to another website from the Website, or the forwarding of your information form to a participating lender or mortgage broker, does not constitute a referral. Information contained on the Website is provided for general informational purposes. You may choose to use or not to use the information contained on the Website. RefiAdvisor does not recommend, refer, advise, or prefer individuals to use any particular company. In all cases, you should make your own judgments as to which service providers to use. The lender or mortgage broker is solely responsible for its services to you, and you agree that the Company shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of any lender or mortgage broker's services.
RefiAdvisor.com is not a lender or mortgage broker and does not make loans or obtain your credit report. RefiAdvisor.com does not make credit decisions in connection with loans. The Company is not an agent of the User or any participating lender or mortgage broker.
By clicking the "Get Started Now" and/or the "Continue" icon you will be asked to complete an information form. The information form you submit is NOT an application for credit or a loan. It is a request to be contacted by one or more lenders or mortgage brokers with information regarding mortgage loans available in your area. You will be required to complete an application for a loan directly with a lender or mortgage broker and authorize them to obtain a copy of your credit report before they will extend a loan offer to you. The Company does not guarantee that the loan terms or rates offered and made available by participating lenders or mortgage brokers will be the lowest rates available in the market or will have the best terms. Nothing contained herein shall constitute an offer or promise for a loan commitment or interest rate lock-in agreement.
The Company does not charge you, the User, any fees for its services. The Company receives its compensation from advertisers on the Website and from lenders and mortgage brokers for goods, services and/or facilities actually provided by the Company. The Company's compensation from lenders and mortgage brokers varies according to quantity and filtering requirements.
ONCE YOU HAVE SUBMITTED THE FORMS, THE INFORMATION CONTAINED ON THE FORM MAY BE FORWARDED TO ONE OR MORE LENDERS OR MORTGAGE BROKERS, AND THOSE LENDERS OR MORTGAGE BROKERS MAY CONTACT YOU BY TELEPHONE OR BY E-MAIL. BY SUBMITTING THE FORM, YOU ARE PROVIDING YOUR EXPRESS CONSENT TO RECEIVE TELEPHONE CALLS OR E-MAIL FROM THESE LENDERS AND MORTGAGE BROKERS EVEN IF YOUR PHONE NUMBER AND/OR E-MAIL ADDRESS IS ON ANY OPT-OUT OR DO NOT CALL LIST.
DO NOT SUBMIT THE FORM IF YOU DO NOT CONSENT TO BEING CALLED OR E-MAILED BY THE LENDERS OR MORTGAGE BROKERS THAT OBTAIN YOUR INFORMATION.
Your information form will be forwarded to one or more lenders or mortgage brokers who will make certain disclosures to you. However, the Company (and its participating lenders and mortgage brokers) does not guarantee that any lender or mortgage broker will contact you. Whether a lender or mortgage broker contacts you is based upon a neutral filtering process determined by the participating lender and mortgage broker and administered by RefiAdvisor LLC.
User promises that all of the information User has provided on the information form is true and complete. User authorizes the Company to forward User's information to its network of participating lenders and mortgage brokers. User understands that these persons may keep User's information, whether or not User completes a real estate transaction with them.
Nothing in the Website constitutes an offer, promise or otherwise, either to make a specific loan to you or that any participating lender or mortgage broker will make any loan for any purpose or on any specific terms. All loan related decisions are made by the participating lender or mortgage broker in the course of its normal business operations, and any applicable loan offerings are made to qualified applicants in separate loan and related documents which are required by applicable state and federal laws of the United States of America. Loans may only be made to residents of states where participating lenders or mortgage brokers are licensed and/or authorized to make such loans. By acquiring your information through the Website, RefiAdvisor or its participating lenders and mortgage brokers are not attempting to make loans outside their authorized states or country.
INFORMATION PROVIDED IS FOR EDUCATIONAL PURPOSES ONLY
Independent providers unaffiliated with RefiAdvisor have produced the material available on these sites with us. Any opinions or recommendations expressed are solely those of the independent providers and are not the opinions or recommendations of RefiAdvisor. The information obtained by the independent providers (the "information") is believed to be reliable. However, the timeliness, sequence, accuracy, adequacy, or completeness of such information is not guaranteed.
WARRANTIES AND LIMITATION OF LIABILITY
You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer and modem. By using the Website, including any applets, software, and content contained therein, you agree that use of the Website is entirely at your own risk.
THE WEBSITE, ITS USE AND THE SERVICES THAT THE WEBSITE PROVIDES IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THE COMPANY IS AWARE OF THE POSSIBILITY OF DAMAGES). THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, BY OR AS A RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
NEITHER THE COMPANY NOR ANY OF ITS STOCKHOLDERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTIES FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE WEBSITE, ITS USE AND/OR THE SERVICES THAT THE WEBSITE PROVIDES OR YOUR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF THE COMPANY, ITS STOCKHOLDERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
The information and services offered on this site are provided with the understanding that RefiAdvisor is not engaged in rendering legal or other professional services or advice. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout the Site.
RefiAdvisor and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services, or other material on this site. While RefiAdvisor and its affiliates strive to keep the information on this Site accurate, complete, and up-to-date, RefiAdvisor and its affiliates cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness, or timeliness of the information.
PERSONAL AND NONCOMMERCIAL USE LIMITATION: PROHIBITED USES
You may access, download, and print materials on this Site for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other website, transfer or sell any information, software, lists of users, databases or other lists, products or services obtained from this Site. The foregoing prohibition expressly includes, but is not limited to, the practices of "screen scraping" or "database scraping" to obtain lists of users or other information. If and when requested by RefiAdvisor, you agree to provide true, accurate, and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of RefiAdvisor you agree to refrain from accessing or attempting to access password protected, secure, or nonpublic areas of this Site. Unauthorized individuals attempting to access prohibited areas of this Site may be subject to prosecution.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Website are: Copyright © 2005-2012 RefiAdvisor LLC, U.S.A. All rights reserved. RefiAdvisor.com is a service mark of RefiAdvisor LLC. Other product and company names mentioned herein, including the names of participating lenders, may be the trademarks of their respective owners. NO UNLAWFUL OR PROHIBITED USE PERMITTED WITHOUT THE EXPRESS WRITTEN CONSENT OF REFIADVISOR LLC.
As a condition of your use of this Site, you warrant to RefiAdvisor that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. If you violate any of these terms, your permission to use the site automatically terminates.
GRANT OF EXCLUSIVE RIGHTS / PROPRIETARY RIGHTS
By posting content or information including but not limited to blog comments and testimonials to any area of www.refiadvisor.com, you automatically grant, and you represent and warrant that you have the right to grant, to RefiAdvisor LLC a perpetual and irrevocable, exclusive, fully-paid, license to display, distribute, use, copy, and perform such content and information and to prepare and publish derivative works of, or incorporate into other works, such content and information, and to grant and authorize sublicenses of the foregoing.
ERRORS AND DELAYS
RefiAdvisor is not responsible for any errors or delays in responding to an information form caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control.
YOU USE THIS SITE AT YOUR OWN RISK.
RefiAdvisor intends that the information contained in its Website be accurate and reliable; however, errors sometimes occur. In addition, changes and improvements to the information provided herein may be made by RefiAdvisor at any time. If your use of this Site or the materials therein results in the need for servicing or replacing property, material, equipment, or data, neither RefiAdvisor LLC d.b.a. RefiAdvisor.com nor its affiliates are responsible for those costs.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. REFIADVISOR LLC. D.B.A. REFIADVISOR.COM, ITS AFFILIATES, AND/OR ITS RESPECTIVE SUPPLIERS MAY WITHOUT PRIOR NOTICE MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE INCLUDING BUT NOT LIMITED TO THE INFORMATION, SERVICES, PRODUCTS, OR OTHER MATERIAL AT ANY TIME. ALL INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL REFIADVISOR LLC. D.B.A. REFIADVISOR.COM, ITS AFFILIATES, AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS, AND/OR SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF REFIADVISOR LLC. D.B.A. REFIADVISOR.COM, ITS AFFILIATES, OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless RefiAdvisor LLC d.b.a. RefiAdvisor.com, its affiliates, and suppliers from any liability, loss, claim, and expense (including attorneys' reasonable fees) related to your violation of this Agreement.
LINKS TO THIRD PARTY SITES
Outside Links: While on this Website, you may be led to other websites operated by parties other than RefiAdvisor or its affiliates. Inclusion of hyperlinks by RefiAdvisor to websites does not imply any endorsement of the material on such websites or any association with their operators, and your access and use such sites, including information, material, products, and services therein, solely at your own risk. We are not responsible for the quality or results or any product or service provided by these companies. Review their products and services carefully.
Guarantee does not apply to Leadpoint, SecureRights or the Premiere Partners.
CHANGES TO AGREEMENT
RefiAdvisor may modify this Agreement at any time and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified Agreement.
This Agreement and the resolution of any dispute related to this Agreement or this Site shall be governed by and construed in accordance with the laws of California without giving effect to any principles of conflicts of law.
Failure by RefiAdvisor or its affiliates to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Any claim or controversy arising out of or relating to the use of RefiAdvisor's services, to the goods or services provided by RefiAdvisor, or to any acts or omissions for which you may contend RefiAdvisor is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration venued in Albuquerque, New Mexico. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to RefiAdvisor. In any arbitration, RefiAdvisor will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Bernalillo County, New Mexico. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this Agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND REFIADVISOR LLC WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using RefiAdvisor's goods and services you consent to these restrictions. Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and RefiAdvisor, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Bernalillo County, New Mexico. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such action.
You may not sell, mortgage, assign or otherwise transfer any of your rights or obligations under this Agreement to any other person or entity, without the express written consent of RefiAdvisor. Notwithstanding the foregoing, either You or RefiAdvisor may assign its rights and obligations under this Agreement without consent and without notice to the other, and both You and RefiAdvisor shall accept such assignment as a novation, to a successor as a result of a change in business legal structure, corporate restructuring, reorganization, merger, consolidation, or acquisition of all or substantially all of the assigning party's stock or assets, provided that this Agreement shall be binding upon, inure to the benefit of and be enforceable by You and RefiAdvisor and their respective successors and assigns.
This Agreement constitutes the final, complete, and exclusive statement of the terms of this Agreement between the parties pertaining to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings or agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty independent of those expressly set forth in this Agreement. No direct benefit is intended to be conferred by this Agreement on any person not a party to this Agreement and any benefit which may be actually conferred is purely incidental.
You're establishing of an account and/or your use of the RefiAdvisor Website is evidence that you have read and understand this Terms of Service Agreement as set forth above and that you have had the opportunity to consult with independent counsel of your choice prior to establishing your account and utilizing the services contemplated by this Agreement.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.