3. Proprietary Rights; Limited License
You acknowledge and agree that RATESHOP.COM owns and retains all propriety rights in the Website. The RATESHOP.COM Website contains copyrighted material (including but not limited to text, graphics, videos, images, sounds, source code and compilations of individual data), trademarks and other proprietary information (collectively, "Proprietary Information"). You warrant and represent that you will not copy, modify, publish, transmit, distribute, publicly perform, publicly display, reverse engineer, create derivative works of, sell, or otherwise exploit any Proprietary Information (including but not limited to any downloaded Proprietary Information), excluding information that is in the public domain or has been licensed by you to RATESHOP.COM. Additionally, you further represent and warrant that you will not endeavor to ascertain any source code used in connection with the RATESHOP.COM Website.
Certain third-party content providers may own the copyright to their original content, and in such circumstances, the same prohibitions herein shall apply thereto. You further acknowledge and agree that by downloading any material or information from the RATESHOP.COM Website, you do not acquire any ownership interest in any Proprietary Information.
4. Personal Information
RATESHOP.COM collects your personal and financial information, including name, address, telephone number, social security number, driver's license number, bank account information, employment information, and other personal information, to make online mortgage loan applications to RATESHOP.COM's network of third party lender. By using RATESHOP.COM's Website, you acknowledge and agree that RATESHOP.COM may share your personal and financial information with RATESHOP.COM's third party lenders, and by submitting an application on RATESHOP.COM you are making an express request for third party lenders to contact you regarding mortgage loans. You expressly agree that RATESHOP.COM may make inquiries of consumer credit reporting agencies and submit such reports to third party lenders on your behalf. RATESHOP.COM does not evaluate your credit or make any loan or credit decisions, and RATESHOP.COM does not endorse or recommend any particular third party for your mortgage loan needs. RATESHOP.COM does not represent or warrant that a third party lender will make a loan to you or that you will meet any third party lender's loan qualifications.
5. User Content
By publishing, uploading, displaying or transmitting Content to or through the RATESHOP.COM Website, you permit and direct RATESHOP.COM to create such copies of your Content as may be deemed necessary in order to facilitate the posting and storage of Content to the RATESHOP.COM Website or transmitting Content to third party lenders. By publishing, uploading, displaying or transmitting Content to or through the RATESHOP.COM Website, you grant, and warrant and represent that you are capable of granting, to RATESHOP.COM an unlimited, transferable, irrevocable, fully paid and worldwide license (which includes the right to sublicense) to copy, modify, publish, transmit, distribute any Content posted by you or transmitted through the RATESHOP.COM Website, and consent that your Content may be transmitted to third party lenders for the purpose of making a loan application. If you request removal of the Content posted by you or transmitted through the RATESHOP.COM Website, the above-granted license will expire immediately; however, you acknowledge and agree that RATESHOP.COM may preserve any and all archived copies of your Content, and you agree that any previous uses by RATESHOP.COM prior to your removal (including where incorporated into other works and materials) shall remain fully permissible, as set forth hereunder.
6. User Code of Conduct
You acknowledge and agree that the RATESHOP.COM Website is made available to you for your personal and non-commercial use only. You warrant and represent that the Content submitted, posted, transmitted or shared by you on or through the RATESHOP.COM Website shall not include any libelous, defamatory or otherwise unlawful material; or violate or infringe upon the rights of any third-party, including but not limited to any and all copyright, trademark, privacy, publicity or other personal or proprietary rights.
Additionally, you warrant and represent that you will not visit or use the RATESHOP.COM Website to:
7. Hyperlinks from the RATESHOP.COM Website
- publish, upload, display, transmit or otherwise make available any Content that RATESHOP.COM deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- engage in any unlawful conduct or to act in any other manner that could damage, disable, overburden or impair the Website;
- use automated scripts to collect information from or otherwise interact with the RATESHOP.COM Website;
- register for more than one user account, register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- publish, upload, display, transmit or otherwise make publicly available on the RATESHOP.COM Website any private information of any third party, including but not limited to addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- publish, upload, display, transmit or otherwise make available Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- obtain email addresses or other contact information of other any individual from the RATESHOP.COM Website for the purposes of sending unsolicited commercial emails or other unsolicited commercial communications;
- solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- publish, upload, display, transmit or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, or any other form of solicitation;
- publish, upload, display or transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intimidate or harass any individual;
- use or attempt to use another's account, service or system without authorization from RATESHOP.COM, or create a false identity on the RATESHOP.COM Website; or
- publish, upload, display or transmit or otherwise make available Content that, in the sole judgment of RATESHOP.COM, is objectionable, or which may expose RATESHOP.COM or its users to any harm or liability of any type.
The RATESHOP.COM Website contains hyperlinks to other websites and webpages ("Third-Party Pages"), as well as text, graphics, videos, images, music, sounds and information belonging to or originating from other third-parties, including but not limited to, third party lender (collectively, "Third-Party Applications"). RATESHOP.COM does not investigate, monitor or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness or appropriateness. RATESHOP.COM is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the RATESHOP.COM Website. The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the RATESHOP.COM Website does not indicate RATESHOP.COM approval or endorsement thereof. If you choose to leave the RATESHOP.COM Website to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.
8. Disclaimers and Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE WEBSITE IS PROVIDED "AS IS" AND “AS AVAILABLE" AND WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
IN PARTICULAR, RATESHOP.COM, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS;
(B) YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; OR
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE WEBSITE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE RATESHOP.COM WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
RATESHOP.COM FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
9. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT RATESHOP.COM, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT, ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED OR OTHER INTANGIBLE LOSS; OR
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE;
(II) ANY CHANGES WHICH RATESHOP.COM MAY MAKE TO THE WEBSITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEBSITE (OR ANY FEATURES WITHIN THE WEBSITE);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE WEBSITE;
(IV) YOUR FAILURE TO PROVIDE RATESHOP.COM WITH ACCURATE ACCOUNT OR FINANCIAL INFORMATION; OR
(V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
THE LIMITATIONS ON RATESHOP.COM'S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT RATESHOP.COM HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
You are solely responsible for your interactions with any Third Party Pages, Third Party Applications, and any third party lender linked you to from the RATESHOP.COM Website.
12. Digital Millennium Copyright Act
Any copyright owner or its agent that believes that any Content or other material on the RATESHOP.COM Website infringes upon their copyright(s) may give notice, in writing, under the Digital Millennium Copyright Act ("DMCA") to RATESHOP.COM's authorized agent, listed below. The notice to RATESHOP.COM shall contain the following information:
- A physical or electronic signature of the individual authorized to act on behalf of the owner of a copyright that has allegedly been infringed upon;
- Identification of the copyrighted work claimed to have been infringed, or a representative list of such works at a single online site;
- Identification of the copyrighted work that is claimed to be infringing or to be the subject of infringing activity that is reasonably sufficient to permit the RATESHOP.COM to locate the material;
- The copyright owner’s contact information, such as an address, telephone number and an electronic mail;
- A statement that the copyright owner has a good faith reasonable belief that the particular use of the identified material is not authorized by the copyright owner, its agent, or the law; and
- A statement, under penalty of perjury, that the information in the notification is accurate, and that the individual who prepared the notice is authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
Written submissions of alleged infringements may be sent to RATESHOP.COM's designated Copyright Agent. If the notice fails to comply with all of the above-listed requirements, then it may not be considered valid.
13. Other Provisions