AGREEMENT BETWEEN
USER AND BetterOffers.com
The BetterOffers.com Web Site is comprised of
various web pages operated by
Better Offers,
Inc.
The BetterOffers.com Web Site is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein.
Your use of the BetterOffers.com Web Site constitutes your agreement to all such
terms, conditions, and notices.
By using our website you agree to be matched with our premiere partners and for
them to contact you even if your telephone number is on a corporate, state, or
the National Do Not Call Registry and you agree to our Terms of Use and Privacy
Statement.
The Website acts solely as an online marketplace for you to find and transact
with other users, Members, consumers or sellers (the "Users") business
transactions related to the products or services displayed on the Service or
otherwise associated with the Service. BetterOffers.com is owned and operated by
BetterOffers.com. BetterOffers.com is not a broker, lender or seller.
BetterOffers.com is not a party to any agreement you may make with a lender or
broker with regard to any loan product or other product or service. Any
information you provide to a lender or broker in connection with your
application remains with that lender or broker and is not transferred from such
lender or broker to BetterOffers.com.
BetterOffers.com is not responsible and you agree that BetterOffers.com will bear no
liability for any products, services, information or other materials displayed,
purchased, or obtained by you from the Website. Nothing on the Website contains
an offer, promise or otherwise from BetterOffers.com to make a specific loan or
that any participating lender or broker will make any loan for any purpose or on
any specific terms. You acknowledge that BetterOffers.com is not a lender, broker
or financial intermediary and that your ability to secure any loan or consummate
any transaction with any other user of this Website or the Service is solely a
matter to be resolved between you and such other user.
BetterOffers.com does not endorse, warrant or guarantee the products or services
of any user of the Website or the Service. Nothing on the Website constitutes an
advertisement for credit as defined by Paragraph 226.24 of Regulation Z issued
by the Board of Govenors of the FDIC pursuant to authority contained in the
Federal Truth In Lending Act, as amended.
BetterOffers.com is not liable for any delays, inaccuracies, errors or omissions
with respect to the information posted on the Website or submitted to the
Website or the transmission or delivery of all or any part thereof, for any
damage arising therefrom or occasioned thereby, or for the results obtained from
the use of the information. You assume the entire risk as to the accuracy,
adequacy, completeness, currency, validity and quality of any information. Any
information on the Website is subject to change without notice.
BetterOffers.com is engaged in the business of providing content for mortgage
shoppers and is not acting as a mortgage broker or mortgage lender. The
information provided by you to BetterOffers.com and its partners is not an
application for a mortgage loan, nor is it used to pre-qualify you with any
lender. If you are contacted by a lender or broker advertising within our or our
partner network, your quoted rate may be higher, depending on your property
location, credit score, loan-to-value ratio, debt-to-income ratio, and other
factors. BetterOffers.com does not guarantee that the rates or terms offered and
made available by participating Providers are the lowest rates available in the
market or the best terms available, and not all Providers in our network offer
the interest-only products that are advertised here. The interest-only products
are not available in all states or to all consumers. Completing a form does not
obligate you to purchase a service or product from the Providers, nor does it
obligate a Provider to offer to you any particular service or good about which
you may have inquired.
Additionally, the content on our website (the "Content") is supplied in good
faith using references and sources deemed reliable; however it is published
strictly on an "as-is" basis. The operator of this website and the author hereby
disclaims any and all express or implied warranties to the maximum extent
permitted by law. The Content is provided for informational purposes only and is
not to be construed as financial or legal advice. Everyone's financial
circumstances are unique. You are urged to consult multiple informational
sources and a professional advisor before making any decisions affecting your
personal finances.
BetterOffers.com shall not be responsible or liable for any products or services
obtained by or through any other party. The materials displayed on this site
relating to services provided by any other party are advertisements and do not
constitute an offer or promise to make a loan or provide any other service by
BetterOffers.com There is no endorsement by BetterOffers.com of any other party or
the products and services made available by or through any other web site.
MODIFICATION OF THESE TERMS OF USE
BetterOffers.com reserves the right to change the terms, conditions, and notices
under which the BetterOffers.com Web Site is offered, including but not limited to
the charges associated with the use of the BetterOffers.com Web Site.
LINKS TO THIRD PARTY SITES
The BetterOffers.com Web Site may contain links to other Web Sites ("Linked
Sites"). The Linked Sites are not under the control of BetterOffers.com and
BetterOffers.com is not responsible for the contents of any Linked Site, including
without limitation any link contained in a Linked Site, or any changes or
updates to a Linked Site. BetterOffers.com is not responsible for webcasting or
any other form of transmission received from any Linked Site. BetterOffers.com is
providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by BetterOffers.com of the site or any association
with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the BetterOffers.com Web Site, you warrant to
BetterOffers.com that you will not use the BetterOffers.com Web Site for any purpose
that is unlawful or prohibited by these terms, conditions, and notices. You may
not use the BetterOffers.com Web Site in any manner which could damage, disable,
overburden, or impair the BetterOffers.com Web Site or interfere with any other
party's use and enjoyment of the BetterOffers.com Web Site. You may not obtain or
attempt to obtain any materials or information through any means not
intentionally made available or provided for through the BetterOffers.com Web
Sites.
USE OF COMMUNICATION SERVICES
The BetterOffers.com Web Site may contain bulletin board services, chat areas,
news groups, forums, communities, personal web pages, calendars, and/or other
message or communication facilities designed to enable you to communicate with
the public at large or with a group (collectively, "Communication Services"),
you agree to use the Communication Services only to post, send and receive
messages and material that are proper and related to the particular
Communication Service. By way of example, and not as a limitation, you agree
that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material or
information.
Upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control
the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other
material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication
Services.
Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
Harvest or otherwise collect information about others, including e-mail
addresses, without their consent.
Violate any applicable laws or regulations.
BetterOffers.com has no obligation to monitor the Communication Services. However,
BetterOffers.com reserves the right to review materials posted to a Communication
Service and to remove any materials in its sole discretion. BetterOffers.com
reserves the right to terminate your access to any or all of the Communication
Services at any time without notice for any reason whatsoever.
BetterOffers.com reserves the right at all times to disclose any information as
necessary to satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any information or
materials, in whole or in part, in BetterOffers.com's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. BetterOffers.com does not
control or endorse the content, messages or information found in any
Communication Service and, therefore, BetterOffers.com specifically disclaims any
liability with regard to the Communication Services and any actions resulting
from your participation in any Communication Service. Managers and hosts are not
authorized BetterOffers.com spokespersons, and their views do not necessarily
reflect those of BetterOffers.com.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are responsible for
adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO BetterOffers.com OR POSTED AT ANY BetterOffers.com WEB SITE
BetterOffers.com does not claim ownership of the materials you provide to
BetterOffers.com (including feedback and suggestions) or post, upload, input or
submit to any BetterOffers.com Web Site or its associated services (collectively
"Submissions"). However, by posting, uploading, inputting, providing or
submitting your Submission you are granting BetterOffers.com, its affiliated
companies and necessary sublicensees permission to use your Submission in
connection with the operation of their Internet businesses including, without
limitation, the rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat your Submission; and
to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. BetterOffers.com is under no obligation to post or use any
Submission you may provide and may remove any Submission at any time in
BetterOffers.com's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you
warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation, all
the rights necessary for you to provide, post, upload, input or submit the
Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE BetterOffers.com WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BetterOffers.com
AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE BetterOffers.com
WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE BetterOffers.com WEB SITE SHOULD NOT
BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU
SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR
SITUATION.
BetterOffers.com AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE
BetterOffers.com WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
BetterOffers.com AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
BetterOffers.com AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE BetterOffers.com
WEB SITE, WITH THE DELAY OR INABILITY TO USE THE BetterOffers.com WEB SITE OR
RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
THE BetterOffers.com WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE
BetterOffers.com WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF BetterOffers.com 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. IF YOU ARE DISSATISFIED WITH
ANY PORTION OF THE BetterOffers.com WEB SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BetterOffers.com WEB
SITE.
SERVICE CONTACT : info@BetterOffers.com
TERMINATION/ACCESS RESTRICTION
BetterOffers.com reserves the right, in its sole discretion, to terminate your
access to the BetterOffers.com Web Site and the related services or any portion
thereof at any time, without notice. GENERAL To the maximum extent permitted by
law, this agreement is governed by the laws of the State of Washington, U.S.A.
and you hereby consent to the exclusive jurisdiction and venue of courts in King
County, Washington, U.S.A. in all disputes arising out of or relating to the use
of the BetterOffers.com Web Site. Use of the BetterOffers.com Web Site is
unauthorized in any jurisdiction that does not give effect to all provisions of
these terms and conditions, including without limitation this paragraph. You
agree that no joint venture, partnership, employment, or agency relationship
exists between you and BetterOffers.com as a result of this agreement or use of
the BetterOffers.com Web Site. BetterOffers.com's performance of this agreement is
subject to existing laws and legal process, and nothing contained in this
agreement is in derogation of BetterOffers.com's right to comply with
governmental, court and law enforcement requests or requirements relating to
your use of the BetterOffers.com Web Site or information provided to or gathered
by BetterOffers.com with respect to such use. If any part of this agreement is
determined to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed superseded by
a valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire
agreement between the user and BetterOffers.com with respect to the BetterOffers.com
Web Site and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user and
BetterOffers.com with respect to the BetterOffers.com Web Site. A printed version of
this agreement and of any notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating to this agreement
to the same extent an d subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It is
the express wish to the parties that this agreement and all related documents be
drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the BetterOffers.com Web Site are Copyright © BetterOffers.com
and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
The example companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company, organization,
product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement under United States copyright law should be sent
to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE
FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for
Making Claims of Copyright Infringement.
Better Offers,
Inc.