Terms of Use
Welcome to A1PersonalFinance.com® (referred to as "A1PersonalFinance.com", "we," "us," "website"
or "our").
Before you begin to use the A1PersonalFinance.com website ("A1PersonalFinance.com
Website"), please take a moment to review this Terms of Use Agreement ("Agreement").
The Agreement describes the terms and conditions applicable to your use
of the A1PersonalFinance.com Website and the products and services provided
through or in connection with the A1PersonalFinance.com Website (collectively, "Service"),
which may be updated by A1PersonalFinance.com from time to time without
notice to you. A1PersonalFinance.com may also offer other services that
are governed by a different Terms of Service.
You must read and agree with all of the terms and conditions contained
in this Agreement and the A1PersonalFinance.com Website privacy policy
then in effect ("Privacy Policy"),
before you use the Service. If you do not agree to be bound by the terms
and conditions of this Agreement, you may not use or access the Service
or this website.
The Terms "Guaranteed" and or "Instant Approval" Refers to Us Accepting Your Application and Not Necessarily That Lenders Will Approve Your Loan. We cannot guarantee that a lender will approve your loan.
1. Loan Products and Services. The A1PersonalFinance.com
Website is an online marketplace where you can research and compare prices
in a number of different categories, including home purchase loans, home
equity loans, and home refinance loans, credit card offers, debt refinancing,
etc. You understand and agree that if you submit a request for a loan
product or service offered through the A1PersonalFinance.com
website, will share your personal information (such as your full name,
address, telephone number, etc.) with Providers in our provider
network, including banks, correspondent lenders, mortgage bankers and
brokers (referred to individually as "Provider" and
collectively as "Providers") to process and fulfill your request.
You acknowledge that A1PersonalFinance.com does not make loan or credit decisions in
connection with the Service and that A1PersonalFinance.com is not a party to any agreement
that you may make with the Provider, and that the Provider is solely
responsible for its services to you. You further acknowledge that A1PersonalFinance.com
is not acting as your agent or broker and is not recommending any particular
loan product or Provider to you. Any compensation A1PersonalFinance.com may receive is
paid by the individual Provider for the products and services rendered
by A1PersonalFinance.com to that particular Provider. A1PersonalFinance.com does not charge you a fee
to use the A1PersonalFinance.com Website. You understand that requirements for a particular
loan product are made by the individual Provider and that A1PersonalFinance.com does
not endorse, warrant, or guarantee the products or services of any of
the Providers. Nothing contained herein shall constitute an offer or
promise for a loan commitment or interest rate lock-in agreement. You
agree that A1PersonalFinance.com shall not be liable for any damages or costs of any
type which arise out of or in connection with your use of the Provider's
service.
By submitting your request for a loan product, you agree that the Providers
may contact you by telephone, email or mail based on the information
you have provided to us, even if you have opted into the National Do
Not Call List administered by the Federal Trade Commission or any state
equivalent Do Not Call List. You understand that the Providers may maintain
the information you submitted to A1PersonalFinance.com whether you elect
to use their services or not. In the event you no longer want to receive
communications from a Provider, you agree to notify the Provider directly.
You also give A1PersonalFinance.com permission to send you periodic updates
of current products which may be of interest to you.
2. Other Products and Services. You understand and
agree that if you request a product or service other than a loan as stated
above, such as Credit Cards, automobile or motorcycle loans, life insurance,
banking, or other services offered via the A1PersonalFinance.com site,
you will share your information with certain other websites
to process and fulfill your request. You further agree that our business
partners may contact you by telephone, email or mail based on the information
you have provided to us/them, even if you have opted into the National
Do Not Call List administered by the Federal Trade Commission or any
state equivalent Do Not Call List. You understand that A1PersonalFinance.com
business partners may maintain the information you submitted to A1PersonalFinance.com
whether you elect to use their services or not. In the event you no longer
want to receive communications from an A1PersonalFinance.com business
partner, you agree to notify the partner directly.
3. Use of the A1PersonalFinance.com Website and Service. You certify
to A1PersonalFinance.com that: (i) you are at least eighteen (18) years of age; (ii)
you assume full responsibility for the use of the Service by any minors;
(iii) you agree that all information you have submitted to A1PersonalFinance.com, online
or otherwise, is accurate and complete, and that you have not knowingly
submitted false information on or through the A1PersonalFinance.com Website or Service;
and, (iv) your use of the Service is subject to all applicable federal,
state, and local laws and regulations.
4. Prohibited conduct. You must not (i) submit, transmit
or facilitate the distribution of information or content that is harmful,
abusive, racially or ethnically offensive, vulgar, sexually explicit,
defamatory, infringing, invasive of personal privacy or publicity rights,
or in a reasonable person's view, objectionable; (ii) submit, transmit,
promote or distribute information or content that is illegal; (iii) attempt
to interfere with, compromise the system integrity or security or decipher
any transmissions to or from the servers running the Service; (iv) take
any action that imposes, or may impose at our sole discretion an unreasonable
or disproportionately large load on our infrastructure; (v) upload invalid
data, viruses, worms, or other software agents through the Service; (vi)
use any robot, spider, scraper or other automated access the Service
for any purpose without our express written permission; (vii) impersonate
another person or otherwise misrepresent your affiliation with a person
or entity, conduct fraud, hide or attempt to hide your identity; (viii)
submit, upload, post, email, transmit or otherwise make available any
information or content that you do not have a right to make available
under any law or under contractual or fiduciary relationships; (ix) interfere
with the proper working of the Service; or, (x) bypass the measures we
may use to prevent or restrict access to the Service.
5. Privacy Policy. A1PersonalFinance.com respects
your privacy. Personal information submitted in connection with the Service
is subject to our Privacy Policy. For more information, see our
Privacy Page.
6. Copyright and Trademark Notice Information. All
contents of the A1PersonalFinance.com Website are: Copyright ©.
All rights reserved. Without A1PersonalFinance.com's prior permission,
you agree not to display or use in any manner, the A1PersonalFinance.com
Marks. All other logos or brand names shown on the Service are trademarks
of their respective owners and/or licensors.
7. Proprietary Rights. You acknowledge and agree
that the Service and any necessary software used in connection with the
Service ("Software") contain proprietary and confidential information
that is protected by applicable intellectual property and other laws.
You further agree that all materials and/or content, including, but not
limited to, articles, artwork, screen shots, graphics, logos, text, drawings
and other files on the A1PersonalFinance.com Website or as part of the Service are copyrights,
trademarks, service marks, patents or other proprietary rights of A1PersonalFinance.com
or their respective intellectual property owners. Except as expressly
authorized by A1PersonalFinance.com, you agree not to modify, copy, reproduce, sell,
distribute or create derivative works based on or contained within the
Service or the Software, in whole or in part.
A1PersonalFinance.com grants you a personal, non-transferable and non-exclusive
right and license to use the code of its site and/or Software on a single
computer; provided that you do not copy, modify, create a derivative
work of, reserve engineer, decompile, reverse assemble or otherwise attempt
to discover any source code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the Software. You agree
not to modify the Software in any manner or form, or to use modified
versions of the Software, including, without limitation, for the purpose
of obtaining unauthorized access to the Service by any means other than
through the interface that is provided by A1PersonalFinance.com for use
in accessing the Service.
8. Links. A1PersonalFinance.com, through the Service or otherwise,
may provide links to other websites. Because A1PersonalFinance.com has no control over
such websites, you acknowledge and agree that A1PersonalFinance.com is not responsible
for the availability of such external websites, and does not endorse
and is not responsible or liable for any content, advertising, products,
whether loan, auto, or telecommunications, or other materials on or available
from such websites. You further acknowledge and agree that A1PersonalFinance.com shall
not be responsible or liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by or in connection with use of
or reliance on any such content, products, goods or services available
on or through any such website.
9. Indemnification. You agree to indemnify and hold
A1PersonalFinance.com, its subsidiaries, affiliates, agents, shareholders, officers,
contractors, vendors and employees harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to
or arising out of your use of the Service, the violation of the Agreement
by you, or the infringement by you, or any other user of the Service
using your computer, of any intellectual property or other right of any
person or entity. A1PersonalFinance.com reserves the right, at its own expense, to assume
the exclusive defense and control of any matter otherwise subject to
indemnification by you.
10. No Warranty. A1PersonalFinance.com PROVIDES THE SERVICE "AS IS," "WITH
ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY
QUALITY, PERFORMANCE, ACCURANCY, AND EFFORT IS WITH YOU. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, A1PersonalFinance.com MAKES NO REPRESENTATIONS, WARRANTIES
OR CONDITIONS, EXPRESS OR IMPLIED. A1PersonalFinance.com DISCLAIMS ANY AND ALL WARRANTIES
OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION:
(i) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES,
NO LIENS AND NON-INFRINGEMENT; (ii) WARRANTIES OR CONDITIONS ARISING
THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND, (iii) WARRANTIES OR
CONDITIONS THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED
OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF
THIS AGREEMENT.
11. Limitation of Liability. IN NO EVENT WILL A1PersonalFinance.com
BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT,
CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF,
BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICE,
EVEN IF A1PersonalFinance.com HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THESE
LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES
ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT
LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION,
TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE
LAW. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH
ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR
AGAINST A1PersonalFinance.com WITH RESPECT THIS AGREEMENT OR THE SERVICE, THEN YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
12. Release. YOU HEREBY AGREE TO RELEASE, REMISE
AND FOREVER DISCHARGE A1PersonalFinance.com AND ITS AFFILLIATES, PARTNERS, SERVICE PROVIDERS,
VENDORS, AND CONTRCTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS,
OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY
AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION,
PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS
OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER
ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.
13. Notice. A1PersonalFinance.com may provide you
with notices, including those regarding changes to the Agreement, by
either email, regular mail, or postings on the Service.
14. Termination. You agree that A1PersonalFinance.com may, under
certain circumstances and without prior notice, immediately terminate
your access to the Service. Cause for such termination shall include,
but not be limited to: (i) breaches or violations of the Agreement or
other incorporated agreements or the Privacy Policy; (ii) requests by
law enforcement or other government agencies; (iii) discontinuance or
material modification to the Service (or any part thereof); and (iv)
unexpected technical or security issues or problems. You agree that all
terminations for cause shall be made in A1PersonalFinance.com's sole discretion and that
A1PersonalFinance.com shall not be liable to you or any third party for any termination
or access to the Service.
15. Dealings with Third Parties. Your correspondence
or business dealings with any third parties as a result of your visit
and participation in the Service, including, but not limited to, business
dealings with mortgage brokers or lenders, insurance agents or carriers,
or any other terms, conditions, warranties, representations associated
with such dealings, are solely between you and such third party. You
agree that A1PersonalFinance.com shall not be responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings or as the result
of the presence of such third party on the Service.
16. Disputes. This Agreement will be interpreted
in accordance with the laws of the State of Hawaii, without regard to
the conflicts of laws principles thereof. The parties agree that any
and all disputes, claims or controversies arising out of or relating
to the Agreement, its interpretation, performance, or breach, that are
not resolved by informal negotiation within 30 days (or any mutually
agreed extension of time), shall be submitted to final and binding arbitration
before a single arbitrator of the American Arbitration Association ("AAA")
in Honolulu, Hawaii, or its successor. Either party may commence the
arbitration process called for herein by submitting a written demand
for arbitration with the AAA, and providing a copy to the other party.
The arbitration will be conducted in accordance with the provisions of
the AAA's Commercial Dispute Resolutions Procedures in effect at the
time of submission of the demand for arbitration. The costs of arbitration
plus reasonable attorneys' fees (including fees for the value of services
provided by in house counsel) shall be awarded to the prevailing party
in such arbitration. Judgment on the award rendered by the arbitrator
may be entered in the Superior Court of Hawaii, County of Honolulu, or
the United States District Court for the State of Hawaii.
Notwithstanding the foregoing, the following shall not be subject to arbitration
and may be adjudicated only in the Superior Court of Hawaii, County of Honolulu,
or the United States District Court for the State of Hawaii (i) any dispute,
controversy, or claim relating to or contesting the validity of A1PersonalFinance.com's proprietary
rights, including without limitation, trademarks, service marks, copyrights,
or trade secrets; or, (ii) an action by a party for temporary, preliminary,
or permanent injunctive relief, whether prohibitive or mandatory, or provisional
relief such as writs of attachments or possession.
THE PARTIES AGREE THAT THIS AGREEMENT HAS BEEN ENTERED INTO AT A1PersonalFinance.com's
PLACE OF BUSINESS IN THE COUNTY OF HONOLULU, STATE OF HAWAII, AND ANY
ARBITRATION, LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO
THIS AGREEMENT MUST BE COMMENCED AND TAKE PLACE IN THE COUNTY OF HONOLULU,
STATE OF HAWAII.
17. Modification to Service. A1PersonalFinance.com reserves the right
at any time and from time to time to modify or discontinue, temporarily
or permanently, the Service (or any part thereof) with or without notice.
You agree that A1PersonalFinance.com shall not be liable to you or to any third party
for any modification, suspension or discontinuance of the Service.
18. Waiver and Severability of Terms. The failure
of A1PersonalFinance.com to exercise or enforce any right or provision of the Agreement
shall not constitute a waiver of such right or provision. If any provision
of the Agreement is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor
to give effect to the parties' intentions as reflected in the provision,
and the other provisions of the Agreement remain in full force and effect.
19. Disclosure of Your Information. You acknowledge,
consent and agree that A1PersonalFinance.com may access, preserve, and disclose the information
we collect about you if required to do so by law or in good faith belief
that such access preservation or disclosure is reasonably necessary to:
(i) comply with legal process; (ii) enforce the Agreement; (iii) respond
to claims that any information or content violated the rights of the
third parties; (iv) respond to your requests for customer service; or
(v) protect the rights, property, or personal safety of A1PersonalFinance.com, its users
and the public.
20. Entire Agreement. The Agreement constitutes the
entire agreement between you and A1PersonalFinance.com and governs your use of the Service,
superseding any prior agreements between you and A1PersonalFinance.com. You also may
be subject to additional terms and conditions that may apply when you
use or purchase certain when you use certain other A1PersonalFinance.com services, affiliate
services, third party content or third party software.
21. Survival. The following paragraphs shall survive
termination or your refusal to continue to use the Service: 7, 8, 10,
11, 12, 13, and 17.
22. Statute of Limitations. YOU AGREE THAT REGARDLESS
OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING
OUT OF RELATED TO USE OF THE SERVICE OR THE AGREEMENT MUST BE FILED WITHIN
ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER
BARRED.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS. |