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Terms of Use and Privacy Policy 

Privacy Policy/Security
(last revised April 30, 2009)

At Should I Refi.com we are committed to safeguarding your privacy and keeping your information secure. Please read the following policy to understand how your personal information will be treated as you use our services.

The Security We Use to Protect Your Information
Should I Refi.com understands that you have concerns with the security of the personal information you provide on this website.  Should I Refi.com uses SSL (Secure Sockets Layer) technology which protects all data transmitted between you, Should I Refi.com, banks and loan brokers.  In order to use the site, users will need to submit their information through an SSL- capable internet browser.

What Information We Collect From You
We collect various types of personal information about you during the normal course of offering and providing mortgage services. This includes but is not limited to: information you provide in order to purchase a home and/or obtain a home loan including your name, phone number, address, social security number, email address, employer's name and address, income, assets, liabilities, and answers to questions of both personal and financial matters; communications from you regarding your loan(s) such as a change of employment; information obtained from third parties such as consumer reporting agencies or credit bureaus, employers, depository institutions and others, that we use to evaluate a loan application; information that we may gather in compliance with certain laws and regulations, such as the Home Mortgage Disclosure Act.

We may share certain aggregated demographic and profile data with government agencies. Aggregate data excludes information that would enable any individual to be identified. We also collect certain data (including your IP address) about your visit to our web site in our log files to enable us to analyze site traffic and gather broad demographic data. The data in our log files are not linked to personally identifiable information.

How We Use The Information We Collect
We may use information that we collect about you to:

•    deliver the products and services that you have requested;
•    manage your customer relationship and provide you with customer support;
•    perform research and analysis about your use of, or interest in, our products, services, or  content, or products, services or content offered by others;
•    communicate with you by e-mail, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us, other Should I Refi.com, Inc. companies or other third parties;
•    develop and display content and advertising tailored to your interests on our websites and other websites;
•    enforce our terms and conditions;
•    manage our business; and
•    perform functions as otherwise described to you at the time of collection.

Sharing of the Information Gathered on This Site
We are the sole owner of the information collected on this site. However, we will share your information with a member of Should I Refi.com in your area. We must share some of the information with our members which will be a local mortgage company in your area.  We are also aware of laws in certain states that restrict the sharing of your personal information and we adhere to those restrictions. 

We also may disclose your information:
•    In response to a subpoena or similar investigative demand, a court order or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
•    When we believe disclosure is appropriate in connection with efforts to investigate, prevent or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees or others; to comply with applicable law or cooperate with law enforcement; or to enforce our websites' terms and conditions or other agreements or policies.
•    In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, asset sale or in the unlikely event of bankruptcy.

Any third parties to whom we may disclose personal information may have their own privacy policies that describe how they use and disclose personal information. Those policies will govern use, handling and disclosure of your personal information once we have shared it with those third parties as described in this Privacy Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties.

Information Collected From You By Third Parties 
We may allow third-parties, including our authorized members, advertising companies, and ad networks, to display advertisements and other materials on our websites, and to deploy technology for our benefit, for example, to load web pages quicker. We and these companies may use tracking technologies, such as cookies to collect information about users who view or interact with these advertisements and/or connect to our websites. Our websites do not provide any personal information to these third parties. This information allows us and these companies to deliver and gauge, among other things, the effectiveness of targeted advertisements.

What Cookies Are and How They Are Used
A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer's hard drive. Our site has programs that use cookies to maintain session information to remember who you are as you go from page to page. To protect your privacy we do not use cookies to store or transmit any personal information about you on the Internet.

Updating or Deleting Your Information, Including Demographic and Profile Data
You may update or delete your information at any time prior to completing an online data form. Once your online form is completed and submitted, you will not be able to change any of the information online. You will need to contact us via email, phone or postal mail to request that we update or delete your information.

Changes to this Privacy Policy
We will occasionally update this Privacy Policy to reflect changes in our practices and services. When we post changes to this Privacy Policy, we will revise the "last updated" date at the top of this Privacy Policy. If we make any material changes in the way we collect, use, and/or share personal information that may impact you, we will notify you by sending an e-mail to the e-mail address you most recently provided us in your account, profile or registration (unless we do not have such an e-mail address), and/or by prominently posting notice of the changes on our websites. We recommend that you check our websites from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies.

If you have any questions about this privacy statement, the practices of this site, or your dealings with this web site, please contact us.

Terms of Use
(Last Revised October 11, 2009)
No endorsement of advertisers. 
Disclosure Consent

Terms of Use Agreement
PLEASE REVIEW THIS TERMS OF USE AGREEMENT. BY ACCESSING, BROWSING OR USING THIS WEBSITE, OR ANY PAGE THEREOF, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE.

THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE ALL CLAIMS AND CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEBSITES AND YOU ARE TO CEASE ACCESSING OR OTHERWISE USING THE WEBSITES.

Consent to Disclosure and Waiver of Liability
By submitting information to the Website, you are consenting to the fact that that information may, in turn, be submitted to a Member of ours who provides mortgage services in your area.  While all Members must guarantee a high level of data security within their computer systems, you agree that we are not liable for any failure on the part of our Member to properly protect your data, or any damages resulting therein.      

Responsibility for Your Conduct
You are solely liable for your conduct or any information that you upload or transmit to this web site. You may not provide false or misleading information to this web site or submit information under false pretenses. Without limiting anything else in these Terms of Use, we may immediately terminate your access to and use of this web site if you provide false or misleading information or submit information under false pretenses.

Disclaimers and Liability
We intend that the information contained in this website be accurate and reliable; however, errors sometimes occur. In addition, changes and improvements to the information provided herein may be made by us at any time. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the websites. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the website.

THE WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS". WE AND/OR OUR SUPPLIERS, MEMBERS OR PROVIDERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THE WEBSITE AND/OR SHOULD I REFI.COM’S SERVICES IS AT YOUR OWN RISK. WE AND/OR OUR SUPPLIERS,  MEMBERS OR PROVIDERS ARE 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 OR THE INABILITY TO USE THE WEBSITE AND/OR OUR SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED AT THE WEBSITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES, , OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS OR PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
AS A CONDITION OF USE OF THE WEBSITE AND/OR SHOULD I REFI.COM’S SERVICES, YOU AGREE TO INDEMNIFY SHOULD I REFI.COM AND ITS SUPPLIERS, MEMBERS OR PROVIDERS FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES (INCLUDING ATTORNEYS' FEES) AND DAMAGES ARISING OUT OF CLAIMS RESULTING FROM YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY CLAIMS ALLEGING FACTS THAT IF TRUE WOULD CONSTITUTE A BREACH BY YOU OF THIS AGREEMENT.

External Links
We may provide links to third party websites, and some of the content appearing to be on this website may in fact be supplied by third parties.  We assume no liability for any damages you may suffer from visiting such linked websites, including without limitation, damages caused by computer viruses, Trojan horses or other destructive/disruptive code which may be downloaded from such linked websites.

Any links contained on this website shall not be construed as an endorsement by of any such linked website. We have not reviewed or researched the full content on these linked websites and shall not be held responsible should you encounter any materials that may appear inaccurate, indecent or illegal. If you visit such a website that is linked to this website, please contact us and we will determine if the link should be removed from this website.

Members
Part of the service that we provide to our customers is to send their information to approved members which are mortgage companies in their area.  While we do screen these companies to ensure proper licensure, high customer satisfaction ratings, and require that they provide positive references from lending institutions and title companies, we cannot be held liable for any damages, either actual or consequential, resulting from your retention of one of these Members to perform mortgage services for you.  In addition, no membership can be construed to create a joint venture between us and the Member or us and you.  By agreeing to these Terms of Use, Should I Refi.com cannot be held liable for any damages resulting from the negligent or intentional act of any member.   

DISPUTE RESOLUTION
Any claim or controversy arising out of or relating to the use of the Website, to the goods or services provided by Should I Refi.com, or to any acts or omissions for which you may contend we are liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. 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 arbitration shall be venued in Ramsey County, Minnesota, unless otherwise dictated by applicable state statute. 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 Should I Refi.com. In any arbitration, we 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, unless otherwise dictated by applicable statutes. To begin the arbitration process, a party must make a written demand therefor.

Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Ramsey County, Minnesota. 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, except in Maine where state law will control all rights and remedies in the arbitration. 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. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND SHOULD I REFI.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, and 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 Should I Refi.com’s goods, facilities 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 Should I Refi.com, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Ramsey County Minnesota.  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.

General Terms
If any part of this Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, 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 Terms of Use will continue in effect. Except as expressly stated herein, the Terms of Use constitute the entire agreement between you and us with respect to this web site.

Incorporation of Privacy Policy
The Should I Refi.com Privacy Policy is hereby incorporated by reference into this Agreement. 

Changes to these Terms of Use? We will occasionally update these Terms of Use to reflect changes in our practices and services. When we post changes to these Terms of Use, we will revise the "last updated" date at the top of these Terms of Use. If we make any material changes in the way we collect, use, and/or share personal information that may impact you, we will notify you by sending an e-mail to the e-mail address you most recently provided us in your account, profile or registration (unless we do not have such an e-mail address), and/or by prominently posting notice of the changes on our websites. We recommend that you check our websites from time to time to inform yourself of any changes in these Terms of Use.