print Print

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.

  1. Our Service
  2. Third Party Services
  3. Indemnification
  4. Disclaimer of Warranties
  5. Limitation of Liability
  6. Agreement to Arbitrate and Waiver of Class Action Claims
  7. Reservation of Rights
  8. Mortgage Inquiry Request Services
  9. Miscellaneous
  10. 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.

5. LIMITATION OF LIABILITY

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:

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.

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.

To Top