BetterLoanChoice.com Terms of Service

PLEASE READ THESE WEBSITE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE (THE "WEBSITE"). THESE WEBSITE TERMS OF SERVICE (THE "TERMS OF SERVICE") GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE. THE WEBSITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF SERVICE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF SERVICE, DO NOT ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT ("YOU" OR "YOUR") SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF SERVICE.

1. User Eligibility

The Website is provided by BetterLoanChoice.com and available only to entities and persons over the age of legal majority and who have the capacity to form legally binding agreement(s) under applicable law. If You do not qualify, You are not permitted to use the Website.

2. Scope of Terms of Use

These Terms of Service govern Your use of the Website and all applications, software, and services (collectively, "Services") available on the Website, except to the extent such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to You on the Website ("Service Agreement(s)"). Any such Service Agreements accompany the applicable Services or are listed in association with or through a hyperlink associated with the applicable Services. When You submit an inquiry through the Website, You are giving express authorization to our participating lenders to obtain a credit report on You in order to make a decision on Your loan request.

3. Use License

Any and all intellectual property rights ("Intellectual Property") associated with the Website and its contents (the "Content") are the sole property of BetterLoanChoice.com, its affiliates or third parties. The Content is protected by copyright and other laws in both the United States and other countries. Elements of the Website are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Website are trademarks, service marks or trade dress ("Marks") of BetterLoanChoice.com, its affiliates or other entities that have granted BetterLoanChoice.com the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of BetterLoanChoice.com. Except as otherwise expressly authorized by these Terms of Service, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any way without BetterLoanChoice.com's or the appropriate third party's prior written permission. Except as expressly provided herein, BetterLoanChoice.com does not grant to You any express or implied rights to BetterLoanChoice.com's or any third party's Intellectual Property.

BetterLoanChoice.com grants You a limited, personal, nontransferable, nonsublicensable, revocable license to (a) access and use only the Website, Content and Services only in the manner presented by BetterLoanChoice.com, and (b) access and use the BetterLoanChoice.com computer and network services offered within the Website (the " BetterLoanChoice.com Systems") only in the manner expressly permitted by BetterLoanChoice.com. Except for this limited license, BetterLoanChoice.com does not convey any interest in or to the BetterLoanChoice.com Systems, information or data available via the BetterLoanChoice.com Systems (the "Information"), Content, Services, Website or any other BetterLoanChoice.com property by permitting You to access the Website. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of BetterLoanChoice.com. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by BetterLoanChoice.com.

4. Obtaining a Password; Use of Your Password

Certain areas of our Website may be accessible only to users that have a username and password. If you obtain a username and password, please keep in mind that we will treat anyone who uses your complete login credentials as "you." We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for user activities associated with your username and password. We therefore recommend that you maintain your username and login credentials in confidence, and that you refrain from disclosing this information to anyone who might seek to assume your identity in order to access and use our Website. We also require that you notify us immediately if you suspect that someone is using your username and password in this or any other improper manner.

5. Code of Conduct

By using our Website, you agree to comply with these Terms of Service, and to follow our Code of Conduct, which is set out below. Under this Code, you shall not:

  1. Use the Website in a manner that could disable, overburden or impair the Website or interfere with any other parties' use and enjoyment of the Website.
  2. Seek to obtain access to or acquire material or information that we have not intentionally made available to you on the Website through "hacking," "scraping," or other means.
  3. Submit information or material that is false, fraudulent, misleading defamatory, threatening or harassing, or otherwise unlawful.
  4. Transmit material through the Website that you know or should know contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

By using our Website and our services, you represent that you have taken appropriate steps to secure your computing device, including, but not limited to, using an updated operating system, using anti-virus software, and conducting periodic scans for malware, viruses, or other harmful material.

6. Monitoring; Revocation or Suspension of Use Privileges

You agree that we may at any time (i) monitor your use of the Website, and (ii) terminate or suspend your access to or use of some or all of the Site or Services if you engage in conduct that we determine, in our sole and absolute discretion, violates the Code of Conduct, these Terms or our Privacy Policy. Although we disclaim any obligation to monitor activities on the Website, you acknowledge and agree that we may employ filters and other measures designed to detect and block inappropriate content described in our Code of Conduct. We reserve the right at all times to (i) require changes to your submission, (ii) refuse to post any information or material, or (iii) remove in whole or in part, any information or material that we determine, in our sole and absolute discretion, violates our Code of Conduct.

You should also understand that under applicable law, making false, fraudulent or misleading statements or representations in connection with an application for a loan may expose you to civil and criminal liability. You agree that we are authorized at all times to disclose information we deem necessary or appropriate to satisfy our obligations under any applicable law, regulation, legal process or governmental request, consistent with our Privacy Policy.

7. Disclaimer

BetterLoanChoice.com MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEBSITE, THE BetterLoanChoice.com SYSTEMS, THE SERVICES, THE INFORMATION OR THE CONTENT. THE USE OF SAME IS AT YOUR OWN RISK.

THE WEBSITE, THE BetterLoanChoice.com SYSTEMS, THE INFORMATION, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. BetterLoanChoice.com, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. BetterLoanChoice.com AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE WEBSITE OR THE BetterLoanChoice.com SYSTEMS. NO INFORMATION OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY BetterLoanChoice.com IN THESE TERMS OF SERVICE.

IF YOU RESIDE IN A JURISDICTION THAT DOES NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION DO NOT APPLY TO YOU. IF YOU ARE A CONSUMER, YOUR STATUTORY RIGHTS THAT ARE NOT SUBJECT TO WAIVER ARE NOT AFFECTED BY THESE PROVISIONS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF SERVICE ARE FAIR AND REASONABLE.

8. Limitation of Liability

IN NO EVENT SHALL BETTERLOANCHOICE.COM OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR SERVICES, EVEN IF BETTERLOANCHOICE.COM HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR A PARTY’S LIABILITY ARISING UNDER, OR AS A RESULT OF GROSS NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT, IN NO EVENT WILL SUCH PARTY BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LEGAL FEES AND EXPENSES), WHETHER FORESEEABLE OR UNFORESEEABLE, THAT MAY ARISE OUT OF OR IN CONNECTION WITH THIS WEBSITE OR THE SERVICES UNDER ANY THEORY, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, OR NEGLIGENCE. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR PUNITIVE OR EXEMPLARY DAMAGES.

9. Indemnity

You agree that you shall indemnify, defend and hold BetterLoanChoice.com, its officers, directors, employees, agents and affiliates harmless from and against any and all claims by third parties to the extent arising from or related to (a) your use of the Website, Content and Services, (b) a material breach by you of any agreement, obligation, representation or warranty contained these Terms of Service or the Privacy Policy, (c) your actual or alleged negligence, gross negligence, willful misconduct or fraud related to your duties or obligations under the Code of Conduct (c) a material violation by you of any applicable law including, without limitation, applicable law relating to the security and/or privacy of nonpublic personal information; and (d) the infringement of copyright, trademark, trade secret or other proprietary rights relating to use of the Website as authorized by these Terms.

10. Revisions and Errata

The materials appearing on BetterLoanChoice.com's web site could include technical, typographical, or photographic errors. Betterloanchoice.com does not warrant that any of the materials on its web site are accurate, complete, or current. BetterLoanChoice.com may make changes to the materials contained on its web site at any time without notice. BetterLoanChoice.com does not, however, make any commitment to update the materials.

11. Links

The Website may contain links to third-party Websites and resources (collectively, "Linked Sites"). These Linked Sites are provided solely as a convenience to You and not as an endorsement by BetterLoanChoice.com of the content on such Linked Sites. BetterLoanChoice.com makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. BetterLoanChoice.com is not responsible for the availability of the Linked Sites or the content or activities of such sites. If You decide to access or interact with Linked Sites, You do so at Your own risk. In addition, Your use of or interaction with Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site's privacy policy.

12. Site Terms of Service Modifications

BetterLoanChoice.com may revise and update these Terms of Service at any time without notice to you. Your continued usage of the Website after any changes to these Terms of Service will constitute Your acceptance of those changes. Any aspect of the Website may be changed, supplemented, deleted or updated without notice to you at the sole discretion of BetterLoanChoice.com. BetterLoanChoice.com may also change or impose fees for products and services provided through the Website at any time in its sole discretion. BetterLoanChoice.com may establish or change, at any time, general practices and limits concerning other BetterLoanChoice.com products and services in its sole discretion.

13. Governing Law and Jurisdiction

These Terms of Service, the Website and its content, the Services and the BetterLoanChoice Systems shall be interpreted and governed in all respects by the laws of the Commonwealth of Virginia without regard to its conflict of law provisions. Any dispute arising from these Terms of Service, the Website or its content, the Services and the BetterLoanChoice Systems shall be resolved in a court of competent jurisdiction located in the County of Fairfax, Commonwealth of Virginia. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, THE BetterLoanChoice.com SYSTEMS, INFORMATION, SERVICES AND/OR CONTENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.

14. Privacy Policy

The BetterLoanChoice.com Privacy Policy governs the use of information collected from or provided by You on the Website. With respect to any individual whose Personal Information is provided by You to BetterLoanChoice.com, You represent to BetterLoanChoice.com that You have obtained all necessary consents for the processing of such Personal Information contemplated by the Services You are using and by the BetterLoanChoice.com Privacy Policy, including the transfer of such data to persons in other countries whose laws may not provide the same level of protection for the personal data as the laws of the United States.

15. Contact for Alleged Copyright Infringement

We respect the intellectual property rights of others and require that you do the same. If you believe that content available on a Website constitutes infringement of a work protected by copyright, please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the "DMCA") to respond to such concerns, as follows:

Digital Media Solutions, LLC
4800 140th Ave N., Suite 101
Clearwater, FL 33762

Your notice must comply with the DMCA. Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.

16. Assignment and No Third Party Beneficiary

Your rights under these Terms of Service are for your sole and exclusive benefit. Nothing in these Terms shall be construed to grant any other person any right, remedy, or claim under or in respect of these Terms. Furthermore, these Terms of Service shall not be assignable by you, either in whole or in part. We reserve the right to assign the rights and obligations under these Terms of Service for any reason and in our sole discretion.

17. Complete Agreement

EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE LICENSE, SERVICE OR OTHER WRITTEN AGREEMENT BETWEEN YOU AND BetterLoanChoice.com, THESE TERMS OF SERVICE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND BetterLoanChoice.com WITH RESPECT TO THE USE OF THE WEBSITE, THE BetterLoanChoice.com SYSTEMS, AND ANY SOFTWARE OR SERVICE, INFORMATION AND CONTENT CONTAINED THEREIN, AND SUPERSEDE ALL DISCUSSIONS, COMMUNICATIONS, CONVERSATIONS AND AGREEMENTS CONCERNING THE SUBJECT MATTER HEREOF.

18. Customer Service

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of Personal Information is protected and maintained.

If you have any questions or concerns please contact us at info@betterloanchoice.com.