The Low Refi - Terms Of Use

Terms of Use

Last Modified: December 4, 2014

IMPORTANT - READ THESE TERMS OF USE. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES (see Section 4), LIMITATIONS OF LIABILITY, AN EXCLUSIVE REMEDY (see Section 5), THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS (see Section 6). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.

The Low Refi (“The Low Refi”), provides marketing lead generation services (“Services”) on the The Low Refi website at TheLowRefi.com (along with all subdomains, collectively, the “Site”).

THIS IS A BINDING AGREEMENT. By consenting to these Terms of Use, you agree to be bound by these Terms of Use (TOU). Our privacy policy at http://www.TheLowRefi.com/privacypolicy describes the ways in which we use and share the information you provide our site. The Low Refi reserves the right to update and change, from time to time, this TOU and all documents incorporated by reference. You can find the most recent version of this TOU at http://www.TheLowRefi.com/termsofuse. The Low Refi will post a notice on its home page that this TOU has changed. Use of the Site after such changes constitutes acceptance of such changes. In the event of substantive changes to the TOU, you will be required to affirmatively assent to the new terms, and you may also be notified by email. If any modification is unacceptable, your only recourse is not to use our Services and Site.

You may not use this Site if you are not of legal age to form a binding contract with The Low Refi. If you are under 18 years old, you must leave this Site immediately.

Our Service
Third Party Services
Indemnification
Disclaimer of Warranties
Limitation of Liability
Agreement to Arbitrate and Waiver of Class Action Claims
Reservation of Rights
Mortgage Inquiry Request Services
Miscellaneous
Acknowledgement of Binding Nature

1. Our Service.

Our Services provided to you on and through our Site are on an “AS IS” basis. You agree that the owners of this Site exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this Site and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.

2. Third Party Services.

This Site may contain links to other sites owned by third parties. Your use of each of those sites is at your own risk and is subject to the terms of those sites. The Low Refi has no control over sites that are not ours, and The Low Refi is not responsible for any changes to or content on them. The Low Refi assumes no responsibility for the content of or services offered by linked third-party sites, and makes no representations regarding the accuracy of materials on third-party websites. Statements made on third-party websites linked to or from this Site reflect only the views of their authors and not of The Low Refi. The Low Refi’s inclusion on the Site of any third-party content or a link to a third-party website is not an endorsement of that content or third-party website.

3. Indemnification.

You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney’s fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this Site or Service, your provision of contact information, your violation of this Terms of Use or any other violation of the rights of another person or party.

4. DISCLAIMER OF WARRANTIES.

a) The Low Refi DOES NOT GUARANTEE THE ACCURACY OF INFORMATION FOUND ON THE SITE OR THROUGH THE SERVICES. USE OF THE SITE, THE SERVICES AND ANY DATA ACCESSED WHILE USING THE SITE OR THE SERVICES IS AT YOUR SOLE RISK. THE SITE, THE SERVICES AND ALL CONTENTS OF EACH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
b) The Low Refi DOES NOT WARRANT THAT THE SITE OR SERVICES WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SITE OR SERVICES WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SITE OR SERVICES WILL BE CORRECTED, OR THAT THE SITE OR SERVICES ARE COMPATIBLE WITH ANY PARTICULAR PLATFORM. The Low Refi IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SITE OR SERVICES.
c) The Low Refi DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS ON THIS SITE OR SERVICES IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE The Low Refi MAKES REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ON THE SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THE SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT The Low Refi. The Low Refi UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.
d) The Low Refi DOES NOT REPRESENT THAT THE SITE, THE SERVICES OR ANY DATA ACCESSED WHILE USING THE SITE OR THE SERVICES IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES.
e) The Low Refi EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE, THE SERVICES AND ANY DATA ACCESSED WHILE USING THE SITE OR THE SERVICES, OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE SITE, THE SERVICES AND ANY DATA ACCESSED WHILE USING THE SITE OR THE SERVICES, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

5. LIMITATION OF LIABILITY

a) The Low Refi IS NOT LIABLE TO YOU FOR CLAIMS OR LIABILITIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES ARISING OUT OF OR RELATED TO THE USE OF THE SITE OR SERVICES BY YOU OR BY THIRD PARTIES OR ARISING OUT OF OR RELATED TO ANY THIRD-PARTY SOFTWARE, ANY DATA ACCESSED WHILE USING THE SITE OR SERVICES, YOUR USE OR INABILITY TO USE OR ACCESS THE SITE OR SERVICES, WHETHER SUCH DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY EVEN IF YOU HAVE ADVISED The Low Refi IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, INJURY TO PERSON OR PROPERTY, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR PERSONAL INFORMATION.
b) IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, The Low Refi IS FOUND LIABLE UNDER ANY THEORY, The Low Refi’S LIABILITY UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SITE AND THE SERVICES AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO MONEY DAMAGES NOT TO EXCEED $100.
c) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AS SET FORTH IN SECTIONS 4 AND 5. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH IN SECTIONS 4 AND 5 MAY NOT APPLY TO YOU. IN SUCH CASE, THE TERMS OF SECTION 9(d) (SEVERABILITY) BELOW WILL APPLY.

6. AGREEMENT TO ARBITRATE AND WAIVER OF CLASS ACTION CLAIMS

YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND The Low Refi, ITS PARENTS, AFFILIATES, SUBSIDIARIES OR RELATED COMPANIES, INCLUDING, WITHOUT LIMITATION, TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE OR LOCAL STATUTE, LAW, ORDER, ORDINANCE OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY THE FINAL AND BINDING ARBITRATION PROCEDURES SET BELOW.

THE PARTIES ACKNOWLEDGE AND AGREE THAT ANY SUCH CLAIMS SHALL BE BROUGHT SOLELY IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING, OR PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL.

ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY A CALIFORNIA STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT ("FAA").

The following procedures shall apply:

I) Any party that intends to make a claim shall first notify the opposing party in writing of such intention and shall describe in such notice, with reasonable particularity, the nature and basis of such claim, and the total amount of the claim. Within thirty (30) days of receipt of such notice, the party receiving notice of a claim shall provide a written response which, with reasonable particularity, sets forth its position concerning the claim. If the parties are unable to resolve the dispute arising from the claim by good faith negotiations to be conducted within the thirty (30)-day period following the written response, either of them may initiate binding arbitration pursuant to the terms and conditions set forth below.
II) In the event a party elects to proceed with binding arbitration, it shall provide written notice thereof to the other party by registered or certified mail. The arbitration shall be conducted by Judicate West, and shall be conducted using the then current Judicate West commercial rules and regulations (except as varied by this agreement). The arbitration shall take place in San Diego County, California, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses).
III) Separate and apart from the agreement to arbitrate set forth above, the parties hereby independently waive any right to bring or participate in any class action in any way related to, or arising from, this agreement.

7. Reservation of Rights.

We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our Site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our Site or service without our prior written consent.

8. Mortgage Inquiry Request Services

The Low Refi is a marketing lead generator. The Low Refi does not act as a lender or broker and and does not make loans, loan commitments or lock-rates. The Low Refi simply gathers your information to match you with lenders. The Low Refi’s role is purely administrative. The information provided by you to The Low Refi is not an application for a mortgage loan, nor is it used to pre-qualify you with any lender. All credit decisions, including loan approval and the conditional rates and terms you are offered, are the responsibility of the participating lenders and will vary based upon your loan request, your particular financial situation, and and/or other factors and criteria determined by the lenders to whom you are matched. The Low Refi does not guarantee that the loan terms or rates offered and made available by lenders are the best terms or lowest rates available in the market. A lender you select may require you to pay an application or other fee to cover the costs of an appraisal, credit report or other items. The lender, not The Low Refi, will determine the amount of any such fee and should provide information to you regarding the refundability of any such fee. The Low Refi does not endorse or recommend the products of any particular Lender. The lender is solely responsible for its services to you, and you agree that The Low Refi 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. You understand that lenders may keep your loan request information and any other information provided by The Low Refi or received by them in the processing of your loan request, whether or not you are qualified for a loan with them or if you make a loan with them. You agree to notify any particular lender directly if you no longer want to receive communications from them. Loans may only be made to residents of, or secured by real property located in, states where lenders are licensed or authorized to make such loans. The Low Refi is paid a marketing lead generation fee by other media companies and lenders for the goods and services provided. The Low Refi does not charge you a fee for its service in matching you with lenders, as the media companies and lenders pay said fee.

9. Miscellaneous.

a) Complete Agreement. This TOU and Privacy Policy constitute the entire understanding between The Low Refi and you respecting use of the Site and the Services, superseding all prior agreements between you and The Low Refi. If there is any conflict between the terms this TOU and those in the Privacy Policy, the terms of this TOU will control, except to the extent that the Privacy Policy imposes additional restrictions and liabilities on your actions. If there is any conflict between the terms of this TOU and those in the Confidentiality Agreement, the terms of the Confidentiality will control, except to the extent that this TOU imposes additional restrictions and liabilities on your actions.
b) Governing Law; Jurisdiction; Attorneys’ Fees. This Site (excluding linked sites) is controlled by us from our office in California, United States of America. Although use of the Services from outside the United States is strictly prohibited, the Site can be accessed worldwide. As each of these jurisdictions has laws and regulations that may differ from those of California, by accessing this Site or purchasing, subscribing, or otherwise using the Services, you and The Low Refi agree that the laws of California (expect for conflicts of laws principles) will apply to all matters relating to use of this Site. If for any reason, the Arbitration provision required in Section 6 above is deemed inapplicable or unenforceable, exclusive jurisdiction must lie with the courts of California in the county of San Diego for all disputes, actions or proceedings arising out of or relating to your use of the Site. In any dispute that arises out of the relationship of The Low Refi and you, including tort claims, the prevailing party will be entitled to attorneys’ fees and costs.
c) English Language Controls. This English-language TOU is The Low Refi’s official agreement with users of this Site. In case of any inconsistency between this English-language TOU and its translation into another language, this English-language document controls.
d) Severability. If a provision of this TOU is held to be illegal, invalid or unenforceable, then: (i) it must be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and (ii) the legality, validity and enforceability of the remaining provisions of this TOU must not be affected or impaired.
e) Waiver. No failure or delay on the part of The Low Refi in exercising any right, power or remedy under this TOU may operate as a waiver, nor may any single or partial exercise of any such right, power or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other right, power or remedy under this TOU.

10. ACKNOWLEDGEMENT.

BY SUBMITTING INFORMATION AND ASSENTING TO THESE TERMS OF USE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

If you have questions about this TOU or want to contact us, please send an email to [email protected] or write to us at The Low Refi, 6965 El Camino Real No. 105-441, Carlsbad, CA 92009.