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The Free Quote Network Terms of Use
Last Updated 8/29/2006
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Please carefully read THE FOLLOWING
TERMS AND CONDITIONS GOVERNING YOUR USE OF THIS WEB SITE before accessing or
using this Web site.
The Free Quote Network.s Web Site ("The Free Quote Network" or
"Web Site") is available to you contingent upon your acceptance,
without modification, of the terms and conditions contained herein. Please read
the complete Terms of Use (.Terms of Use.) before using this Web Site. Your use
of the Web Site constitutes your agreement to be legally bound by these Terms
of Use, just as if you had signed this Agreement. From time to time, additional disclaimers and notices may appear
through the Web Site, such disclaimers shall be incorporated into the Terms of
Use in their entirety. If you do not agree to all of the terms and conditions
or such disclaimers and notices, do not use this site.
The Free Quote Network reserves the right, in its sole discretion, to modify,
amend, alter or otherwise update the Terms of Use or any aspect of the Web
Site, at any time. Please check these
Terms of Use periodically to review any amendments. Any amendments, modification, alterations and the like shall
become effective immediately upon posting. By using this Site after posting
such modifications, you agree to be bound by such revised terms whether or not
you have reviewed them. You are solely responsible for periodically reviewing
these Terms for any such modifications. You agree that we shall not be liable to you or any third party for any
termination or cancellation of your access to, or use of, our Web Site.
Definitions
Our .Web
Site. shall mean the web site accessed via the URL http://www.freequotenetwork.com,
and any replacement or mirror web site. .We,. .we,. .Us,. .us,. .Our,. or .our. shall refer to The Free Quote
Network., its affiliates, and their respective members, officers, directors,
employees, agents and representatives.
1. DESCRIPTION OF THE SERVICE OFFERED
Completion of a Loan Request Form.
You agree
that all of the information you will provide via The Free Quote Network loan
request forms will be true, accurate and complete in all respects and does not
misappropriate another's identity or misrepresent your relationship with any
person or entity.
You hereby
authorize The Free Quote Network to submit your loan request to up to four
lenders and brokers and/or facilitate a live voice transfer to include you and
a loan officer wishing to provide a free rate quote and compete for your
business. By completing an online loan request form on this Web Site you
understand that the lenders and brokers may retain your loan request and/or
application information, regardless of whether or not you qualified for a
financial product with them.
Although
the Free Quote Network takes reasonable precautions to ensure that the
information you supply on the Loan Request Form is maintained, delivered and
disclosed in accordance with your instructions, Free Quote Network cannot and
does not guarantee that the personal information you provide will not be
intercepted by others and decrypted.
The Free Quote Network is not a lender or mortgage broker and does not make
loans or obtain your credit report. The Free Quote Network does not make credit
decisions in connection with loans. Free Quote Network does not endorse or recommend the products of any
particular lender or broker. Free Quote
Network is not an agent of either you, or any participating lender or broker.
By submitting your contact request for a loan product, you are expressly
consenting to be contacted by one or more lenders and brokers and their
representatives, either by telephone, email or mail, based on the information
you have provided to us, even if you have previously listed yourself on any
private, state or federal Do-Not-Call List. You understand that the lenders and
brokers to whom we submit information may maintain the information you
submitted to The Free Quote Network whether you elect to use their services or
not. In the event you no longer want to receive communications from any
specific lender or broker, you agree to notify the lender or broker directly.
You also give The Free Quote Network permission to send you periodic updates of
current loan products which may be of interest to you.
The role of The Free Quote Network.
The Free Quote Network does not charge you a fee to use our services. The Free
Quote Network is paid a fee by the lenders and brokers with whom it
participates for the products and services provided. Your use of this Web Site constitutes your express agreement with
this form of compensation.
The Free Quote Network is not
responsible for any result or consequence related directly or indirectly to any
action or inaction that you or any lender and/or broker may take based on the
information, services or other material on this Web Site or on any information
which you may submit to The Free Quote Network.
You acknowledge that The Free Quote Network does not recommend or endorse the
services/products of any particular lender and broker participating on The Free
Quote Network. The Free Quote Network is not an agent of either you or the
participating lenders and brokers. The Free Quote Network is only providing an
administrative service to you and the participating lenders and brokers.
You agree that there is no guarantee that your loan request will be seen by up
to four lenders and brokers and that The Free Quote Network will only make its
best efforts to supply the loan request to up to four lenders and brokers.
You agree that The Free Quote Network does not make loan decisions and that all
loan and credit decisions are solely made by the independent lenders and
brokers that are participating on The Free Quote Network. You further agree
that The Free Quote Network does not guarantee or promise that you will be
offered a loan by any of our participating lenders and brokers. You acknowledge
that nothing stated in these Terms of Use or on The Free Quote Network Web site
shall constitute an offer or promise for a loan commitment or an interest rate
lock agreement by The Free Quote Network to you.
The Free Quote Network does not guarantee that any specific loan terms and
conditions offered to you by a lenders and brokers participating on The Free
Quote Network will be granted to you. Nor does Free Quote Network guarantee that the loan terms or rates
presented by participating lenders and brokers are commercially reasonable. Moreover, nothing presented on the Web Site
shall constitute an offer or promise in any way, whatsoever.
In
accordance with the foregoing, you should rely on your own judgment in
determining whether the lenders and brokers present acceptable opportunities,
as the lenders and brokers are solely responsible for its services to you.
The participating lenders and brokers on The Free Quote Network.
The lenders and brokers participating on The Free Quote Network are solely
responsible for their services to you. For example, the Free Quote Network is
not responsible for any errors, omissions, or delays caused by you or the
participating lenders and brokers in the loan process.
The Free
Quote Network reserves the right to at any time, at its sole discretion, to
discontinue, suspend or terminate the participation of a lender/broker on The
Free Quote Network.
2. DISCLAIMER OF WARRANTIES:
THIS WEB SITE, ALL INFORMATION ON THIS WEB SITE AND ALL SERVICES AND PRODUCTS
ASSOCIATED WITH THIS WEB SITE ARE PROVIDED "AS IS,. .WITH ALL FAULTS.
AND .AS AVAILABLE. THE FREE QUOTE
NETWORK AND/OR ITS PARTICIPATING LENDERS AND BROKERS DISCLAIM ANY WARRANTY OR
GUARANTEE OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY SERVICES AND
PRODUCTS OFFERED ON THE SITE OR HEREIN, INCLUDING WITHOUT LIMITATION TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
WORKMANLIKE EFFORT AND NONINFRINGEMENT. THE FREE QUOTE NETWORK DOES NOT WARRANT
THAT THE INFORMATION ON THIS THE FREE QUOTE NETWORK SITE WILL BE ERROR FREE OR
THAT THIS SITE WILL OPERATE UNINTERRUPTED. IF THE FOREGOING IMPLIED WARRANTIES
ARE LIMITED IN YOUR JURISDICTION, THOSE EXCLUSIONS MAY NOT APPLY TO YOU,
HOWEVER ALL OTHER DISCLAIMERS AND LIMITATIONS NOTED ABOVE SHALL CONTINUE TO
REMAIN APPLICABLE.
3. LIMITATION OF LIABILITY:
YOUR USE OF THIS WEB SITE IS SOLELY AT
YOUR OWN RISK.
YOU AGREE THAT THE FREE QUOTE
NETWORK SHALL NOT BE LIABLE FOR ANY DAMAGES OR COSTS OF ANY TYPE OF NATURE
ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS, THE FREE QUOTE
NETWORK SITE, OR THE SERVICES OF THE FREE QUOTE NETWORK.
YOU HEREBY RELEASE AND FURTHER
AGREE THAT THE FREE QUOTE NETWORK SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY
ACTIONS OR OMISSIONS OF ANY LENDER/BROKER TO WHOM YOUR REQUEST FOR A LOAN MAY
BE REFERRED, OR FOR THE SERVICES OFFERED BY ANY LENDER OR BROKER OR FOR ANY
CLAIM THAT YOU MAY HAVE (WHETHER STATED IN NEGLIGENCE, TORT OR OTHERWISE)
RELATING TO THE REFERRAL OF YOUR LOAN REQUEST OR INFORMATION BY THE FREE QUOTE
NETWORK TO ANY LENDER/BROKER, INCLUDING all claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, arising out of or
in any way connected with such disputes. If You are a California resident, You
acknowledge and waive the effect of California Civil Code §1542, which says:
"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 if known by him must have materially affected his settlement with the
debtor."
YOU AGREE THAT THE FREE QUOTE NETWORK
AND/OR ITS PARTICIPATING LENDERS/BROKERS ARE NOT LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER
INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE,
WHETHER RESULTING IN WHOLE OR IN PART, EVEN IF THE FREE QUOTE NETWORK HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES.
Some
jurisdictions do not allow the disclaimer, exclusion or limitation of
incidental or consequential damages, so the foregoing disclaimer, exclusion and
limitation may not apply to you, and you may have other legal rights that vary
according to jurisdiction. In no event will damages provided by law (if any)
apply unless they are required to apply by statute, notwithstanding their
exclusion by contract.
4. INDEMNIFICATION:
You agree to indemnify, defend and hold
The Free Quote Network, its parent company, subsidiaries, affiliates, agents,
shareholders, officers, contractors, vendors and employees harmless from any
claim, demand, liability, damages and expenses including reasonable attorneys'
fees, made by any third party due to or arising out of your use of the services
of The Free Quote Network or this Site, the violation of the Agreement by you,
or the infringement by you, using your computer, of any intellectual property
or other right of any person or entity. THE FREE QUOTE NETWORK reserves the
right, at its own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you.
5. WEBSITE ACCURACY:
It is the intent of The Free Quote Network to ensure that all of the
information contained on this Web Site is accurate and reliable. While The Free
Quote Network makes every effort to ensure that all of the content on The Free
Quote Network is complete, up-to-date, readily available and clearly explained,
The Free Quote Network cannot guarantee that the Site will always be up or that
its content will always be accurate and error free. The Free Quote Network will
not be responsible for any loss or damage related to the accuracy, correctness
or completeness of the information.
Due to market fluctuations, interest rates are subject to
change at any time and without notice.
The Free
Quote Network reserves the right to change or discontinue at any time any
aspect or feature of this Web Site.
By your
use of this Web Site, you agree to hold The Free Quote Network and its
participating lenders and brokers harmless due to any and all errors on the Web
Site.
6. THIRD PARTY LINKS:
For your convenience, The Free Quote Network may contains links to other web
sites owned and maintained by third parties. Such links are provided for your
convenience only. The Free Quote Network does not own, operate or endorse the
services or products offered or available on these third party web sites or interpret
that the sites are affiliated with us in any manner. Your use of such third
party web sites is solely at your own risk. We are not responsible for anything
contained on such sites and make no warranties or representations about the
content, products or services offered on such sites.
Our Web
Site is delivered to you via the Internet using commercially available
third-party web browsers and Internet utility software from various
unaffiliated software providers. By
accepting and using such software, you agree to non-exclusive, non-transferable
software licenses with such third-party software providers. We do not warrant the performance of, and
bear no responsibility for, your use of any third-party software.
7. COPYRIGHT, TRADEMARK AND SERVICEMARK NOTICES:
This Web Site is owned and operated by The Free Quote Network. Unless otherwise
specified, all materials appearing on this Web Site, including design, text,
graphics, logs, images, icons, interfaces and selection, assembly and
arrangement thereof are the sole property of The Free Quote Network and/or its
suppliers, participating lenders and brokers. All rights reserved. Other
product and company names noted herein, including but not limited to the names
of participating lenders and brokers may be trademarks of their respective
owners. Limited permission is granted to electronically copy and to print hard
copy portions of this Web Site for the sole
purpose of placing an inquiry or request with The Free Quote Network for
products or services on this Web Site. Any other use of materials on this Web
Site, including but not limited to, reproduction for purposes other than those
noted above, downloading, modifications, transmission, display, distribution,
replication, creating derivative works from, renting, leasing, loaning,
re-using, adapting, publishing, transmitting, attempting to decompile,
decipher, disassemble, reverse engineer, decrypt, frame, or otherwise exploit
any software or other works or content from this Web Site is strictly
prohibited without the prior written permission of The Free Quote Network. You
agree that all proprietary rights, including all trademark, copyright, patent
or trade secret rights, inherent in such software, works and content is owned
by Us or applicable third parties.
8. DISPUTE RESOLUTION AND VENUE:
By the use of this The Free Quote Network Site you consent and agree to waive
any rights you may have to trial by jury concerning any controversy, dispute,
or cause of action ("Claims") arising out of or in connection with
the provisions of this Agreement. Any such Claims which cannot be settled
between us by mutual agreement shall be finally settled by arbitration in
Oakland County, Michigan, in accordance with the rules of the American
Arbitration Association. The arbitrator may enter a default decision against
either of us if we fail to participate in the arbitration proceedings. The
decision of the arbitrator on the points in dispute will be final, unappealable
and binding, and judgment on the award may be entered in any court having
jurisdiction thereof.
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 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 THE FREE QUOTE
NETWORK WILL BE RESOLVED BY BINDING ARBITRATION. BY ACCEPTANCE OF THESE TERMS,
YOU ARE FOREGOING YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS.
YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING A CLASS ACTION LAWSUIT.
Should a dispute arise and should the arbitration provisions herein become
inapplicable or unenforceable, or in any instance of any lawsuit between you
and The Free Quote Network, the parties agree that jurisdiction over and venue
of any suit shall be exclusively in the state and federal courts located in
Oakland County, Michigan. 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.
9. APPLICABLE LAW:
This Web Site (excluding third party linked sites) is controlled by The Free
Quote Network which is headquartered in the State of Michigan, United States of
America. This Web Site can be accessed from all 50 states and the District of
Columbia, as well as other countries around the world. While each of these
jurisdictions has laws that may differ from those of Michigan, by accessing
this Web Site, both you and The Free Quote Network agree to accept exclusive
jurisdiction of the state and federal courts located in Oakland County,
Michigan, U.S.A. and you shall only bring suit against the Free Quote Network
for any dispute arising out of the Terms of Use in a court of law in the state
and federal courts located in Oakland County, Michigan, U.S.A.
This Agreement shall not be governed by the
United Nations Conventions in Contracts for the International Sale of Goods,
the application of which is expressly disclaimed.
No party shall make a motion to dismiss or transfer any case
filed in accordance with this subsection on the basis of improper venue,
personal jurisdiction, or of the convenience of any party or witness.
The
statutes and laws of the State of Michigan, without regard to conflicts of laws
and principles thereof, will apply to all matters arising from or relating to
the use of this Site. You agree that regardless of any statute to the contrary,
any claim or cause of action arising out of or related to use of this Web Site
or this Agreement must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
10. ASSIGNMENT
We may
assign this agreement, in whole or in part, at any time with or without notice
to You. You may not assign this
agreement, or any part of it, to any other party. Any attempt by You to do so is void.
11. WAIVER
No term or
condition of this Agreement shall have been deemed to have been waived, nor
shall there be an estoppel against the enforcement of this Agreement, except by
written instrument of the party to be charged with such waiver or
estoppel. No such written waiver shall
be deemed a continuing waiver unless specifically stated therein, and each such
waiver shall operate only to the specific term or condition waived and shall
not constitute a waiver of such term or condition for the future or as any
other than that specifically waived.
12. NO AGENCY
No agency,
partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement.
13.
ENTIRE AGREEMENT:
This Agreement constitutes the entire agreement between you and The Free Quote
Network and supersedes all prior or contemporaneous communications, promises
and proposals, whether oral, written or electronic, between you and The Free
Quote Network with respect to this Web Site and any information associated with
it. 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, liability limitations and the indemnification provision 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 this Agreement shall continue in effect.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY THE FREE QUOTE NETWORK.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
