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Terms of Use

(Last Revised September 14, 2011)
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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 SHOULDIREVERSEMORTGAGE.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 SHOULDIREFI.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 ShouldIRefi.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 SHOULDIREFI.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 ShouldIRefi.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 ShouldIRefi.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.

PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS