User Agreement
Refinancetrust.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 Refinancetrust.com
services constitutes your agreement to all such terms, conditions,
and notices.
Refinancetrust.com reserves the right to modify in its sole
discretion this agreement and or the Refinancetrust.com
web site without providing notification. You are responsible
for regularly reviewing the Agreement.
Please do not visit or use any of the Refinancetrust.com
web sites or any page that is part of the Refinancetrust.com
web site if you do not wish to be bound by these terms of
use.
Refinancetrust.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
Refinancetrust.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.
-Refinancetrust.com is not a lender or mortgage professional.
-Refinancetrust.com does not make loans or related credit
decisions.
-Refinancetrust.com does not endorse or recommend products
of any particular Lender or mortgage professional.
-Refinancetrust.com is not an agent of you, the User, or
any participating Lender or mortgage professional.
Refinancetrust.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 Refinancetrust.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. Refinancetrust.com
does not guarantee acceptance of the User into any loan
program. Refinancetrust.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. Refinancetrust.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 Refinancetrust.com or any related
material contained herein shall not constitute an offer
or promise for a loan commitment or interest rate. Refinancetrust.com
does not charge you, the User, a fee to use our service.
Mortgage professionals and lenders pay Refinancetrust.com
for the goods, facilities and services provided. Your use
of Refinancetrust.com services constitutes your agreement
with this compensation arrangement.
Copyright and trademark notices
All contents of this Web site are: Copyright © 2003-2004
Refinancetrust.com. All rights reserved.
Disclaimers and limitations
R efinancetrust.com intends to have accurate and reliable
information contained in its web site; however, errors may
occur. In addition, Refinancetrust.com may change and improve
the information provided herein at any time. The web site
and the information, products and services are “As Is.”
Refinancetrust.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 Refinancetrust.com’s
services at your own risk. Use of Refinancetrust.com’s services
is at your own risk. Refinancetrust.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 Refinancetrust.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 Refinancetrust.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
Refinancetrust.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 Refinancetrust.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
Refinancetrust.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 Refinancetrust.com’s services, to the goods or services
provided by Refinancetrust.com, or to any acts or omissions
for which you may contend Refinancetrust.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 Miami Dade County, Florida.
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 Refinancetrust.com. In any arbitration,
Refinancetrust.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 Miami Dade County, Florida. 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
Refinancetrust.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 Refinancetrust.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 Refinancetrust.com, the parties agree that jurisdiction
over and venue of any suit shall be exclusively in the state
and federal courts sitting in Miami Dade County, Florida.
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 Refinancetrust.com and it supersedes all prior or
contemporaneous communications, promises and proposals,
whether oral, written or electronic, between you and Refinancetrust.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 Florida, 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.