Checkrates.com offers you, the "User," services that are conditioned on your acceptance
of the terms contained in this agreement and your acceptance of these terms without
modification, conditions, and notices. Your use of Checkrates.com services constitutes
your agreement to all such terms, conditions, and notices. Checkrates.com reserves
the right to modify in its sole discretion this agreement and or the Checkrates.com
web site without providing notification. You are responsible for regularly reviewing
the Agreement.
Please do not visit or use any of the Checkrates.com web sites or any page that
is part of the Checkrates.com web site if you do not wish to be bound by these terms
of use.
Checkrates.com has taken reasonable and appropriate measures to deliver and disclose
your personal information only in accordance with your instructions, but cannot
and does not guarantee that others will not intercept your personal information
you provide. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Checkrates.com
web site. By submitting a completed form, you have agreed to have your information
sent to and receive telephone calls, emails, and/or mail from up to four participating
lenders and mortgage brokers even if you are currently on a Do Not Call List or
an opt-out email list as well as agree to the website disclaimers. You are submitting
the form for personal use. You do not work for a mortgage or lead company. You agree
to the disclaimers, user agreement and privacy policy. By submitting a completed
information sheet, you certify under penalty of perjury that you will use the information
requested for your personal use or for the personal use of a relative or close friend
only for obtaining information for your mortgage needs, and that you will not use
such information for the professional or monetary gain of yourself or any other
person or entity in any manner whatsoever that goes beyond the need for obtaining
information for your mortgage needs. If you are, or within 6 months of the date
of this request will be, a mortgage or real estate or lead professional or licensed
in any capacity with regard to the mortgage or real estate or business, you hereby
authorize reports concerning your unethical conduct in requesting this information
to be sent to any governmental or industry entity(ies) responsible for or interested
in regulating the conduct of persons engaging in that business and hereby bind my
employer, and also agree to be personally responsible, for the reasonable value
of the information obtained as well as for reasonable attorneys fees and disbursements
incurred in collecting it. Your information may be provided to more than four mortgage
professionals in certain situations. These situations include but are not limited
to when a mortgage lender or broker return your information for having contacted
you in the past or recently received your information directly from you or another
source as well as believed wrong contact information had been provided. Mortgage
lenders or brokers may update us with the request to return the information quickly
or at a later date that could be more than thirty days from completing the information
sheet. As such, your information may be provided to another mortgage lender or broker
at that time any of the up to four original mortgage lenders or brokers returned
the information sheet. There is also the expectation for a certain number of requests
by lenders and mortgage brokers to return a number of information sheets at a term
longer then when the consumer may potentially plan to gather and act on mortgage
information. At the time of submission and/or at a later date, a number of information
sheets may be matched and then provided to more than the four original mortgage
lenders and brokers to equate to the anticipated number of information sheets typically
returned in the future as a result of the above and other situations.
You agree to provide true, complete and accurate information on your request form
that mortgage professionals may keep, whether or not you qualified for their loan.
You also agree to refrain from impersonating or falsely representing your affiliation
with any person or entity.
-Checkrates.com is not a lender or mortgage professional.
-Checkrates.com does not make loans or related credit decisions.
-Checkrates.com does not endorse or recommend products of any particular Lender
or mortgage professional.
-Checkrates.com is not an agent of you, the User, or any participating Lender or
mortgage professional.
Checkrates.com services are administrative only. You should decide for yourself
which loan product is best for you financially and personally. You agree that the
mortgage professional is solely responsible for its services to you. You also agree
that Checkrates.com shall not be liable for any damages or costs of any type arising
out of or in any way connected with your use of such services.
Lenders and mortgage professionals can offer their products as per licensing requirements
by state. Checkrates.com does not guarantee acceptance of the User into any loan
program. Checkrates.com does not guarantee specific loan terms and does not guarantee
conditions with any participating Lender or mortgage professional. The User understands
that an individual Lender establishes and maintains loan approval standards. Checkrates.com
does not guarantee that any of the participating lenders mortgage professionals
participating on this web site offer the best terms or lowest rates available in
the market.
The User understands that Checkrates.com or any related material contained herein
shall not constitute an offer or promise for a loan commitment or interest rate.
Checkrates.com does not charge you, the User, a fee to use our service. Mortgage
professionals and lenders pay Checkrates.com for the goods, facilities and services
provided. Your use of Checkrates.com services constitutes your agreement with this
compensation arrangement.
Checkrates.com intends to have accurate and reliable information contained in its
web site; however, errors may occur. In addition, Checkrates.com may change and
improve the information provided herein at any time. The web site and the information,
products and services are “As Is.” Checkrates.com disclaims any warranty of any
kind, whether expressed or implied, as to any matter whatsoever relating to the
web site and any information, products, and services provided herein, including
without limitation the implied warranties of merchantability, fitness for a particular
purpose, title, and non-infringement use of Checkrates.com’s services at your own
risk. Use of Checkrates.com’s services is at your own risk. Checkrates.com is 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 Checkrates.com’s
services or with the delay or inability to use the web site or for any information
products or services obtained from the use of the web site, whether resulting in
whole or in part, from breach of contract, tortuous behavior, negligence, strict
liability or otherwise, even if Checkrates.com and/or its suppliers had been advised
of the possibility of damages. Some jurisdictions do not allow the exclusion of
implied warranties, so the above exclusion may not apply to you.
Indemnity
As a condition of use of this web site, you agree to indemnify Checkrates.com and
its suppliers, affiliates, executives, employees, participating Lenders, or other
related marketing and mortgage professionals from any and all liabilities, expenses
(including attorneys' fees) and damages arising out of claims resulting from your
use of Checkrates.com’s services, including without limitation any claims alleging
facts that if true would constitute a breach by you of this agreement.
Errors and delays
Checkrates.com is not responsible for any errors or delays in responding to a qualification
form or referral form caused by an incorrect e-mail address provided by you or other
technical problems beyond our reasonable control.
Dispute resolution
Any claim or controversy arising out of or relating to the use of Checkrates.com’s
services, to the goods or services provided by Checkrates.com, or to any acts or
omissions for which you may contend Checkrates.com is liable, including but not
limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally,
and exclusively, settled by an arbitration venue in Denver County, Colorado. 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 Checkrates.com. In any arbitration, Checkrates.com
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 Denver, CO. 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 CHECKRATES.COM 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 Checkrates.com’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 Checkrates.com, the parties agree
that jurisdiction over and venue of any suit shall be exclusively in the state and
federal courts sitting in Denver County, Colorado. 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.
Other terms
This Agreement constitutes the entire agreement between you and Checkrates.com and
it supersedes all prior or contemporaneous communications, promises and proposals,
whether oral, written or electronic, between you and Checkrates.com with respect
to the web site and information, products and services associated with it. This
Agreement shall be subject to and construed in accordance with the laws of the State
of Colorado, excluding its conflict of laws principles. 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. 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 and subject to the same conditions as other business documents
and records originally generated and maintained in printed form. All rights not
expressly granted herein are reserved
