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Terms of Use By
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terms and conditions of this Agreement of Terms of Use
(the "Agreement").
This Agreement contains an
agreement to arbitrate all claims and disclaimers of
warranties and liability.
Your Compliance with this
Agreement
You represent that you have the
capacity to be bound by this Agreement, or if you are
acting on behalf of a company or other entity, you have
the authority to bind such company or entity. In order
to determine your compliance with this Agreement,
findthebestrate.net may monitor your access.
Your Access and Use of
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Your right to access and use
www.findthebestrate.net is personal to you and is not
transferable by you to any other person or entity. You
are only entitled to access and use
www.findthebestrate.net for lawful purposes and pursuant
to the terms and conditions of this Agreement. Your
access and use of www.findthebestrate.net may be
interrupted from time to time for any of several
reasons, including, without limitation, the malfunction
of equipment, periodic updating, maintenance or repair
of www.findthebestrate.net or other actions that
findthebestrate.net, in its sole discretion, may elect
to take. findthebestrate.net reserves the right to
suspend or discontinue the availability of
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discretion and without prior notice.
Any action by you that, in
findthebestrate.net's sole discretion: (i) violates the
terms and conditions of this Agreement and/or
findthebestrate.net's Privacy Policy; (ii) restricts,
inhibits or prevents any access, use or enjoyment of
www.findthebestrate.net ; or (iii) through the use of
www.findthebestrate.net, defames, abuses, harasses,
offends or threatens, shall not be permitted, and may
result in your loss of the right to access and use
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findthebestrate.net's
Intellectual Property Rights
The name "findthebestrate.net", "floridalendingpro.com”
and findthebestrate.net's graphics, logos, page headers,
button icons, scripts, and service names are trademarks
or trade dress of findthebestrate.net, in the United
States and/or other countries (collectively, the
"Proprietary Marks"). You may not use the Proprietary
Marks without the prior express written permission of
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findthebestrate.net makes no proprietary claim to any
third-party names, trademarks or service marks appearing
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respective owners.
The information, advice, data,
software and content viewable on, contained in, or
downloadable from, www.findthebestrate.net
(collectively, the "Content"), including, without
limitation, all text, graphics, charts, pictures,
photographs, images, line art, icons, renditions and
floor plans, are copyrighted by, or otherwise licensed
to, findthebestrate.net or its Content suppliers.
findthebestrate.net also owns a copyright of a
collective work in the selection, coordination,
arrangement, presentation, display and enhancement of
the Content (the "Collective Work"). All software used
on www.findthebestrate.net (the "Software") is the
property of findthebestrate.net or its software vendors
and is protected by United States and international
copyright laws. Viewing, reading, printing, downloading
or otherwise using the Content and/or the Collective
Work does not entitle you to any ownership or
intellectual property rights to the Content, the
Collective Work or the Software.
You shall be solely responsible for
any damage resulting from your infringement of
findthebestrate.net's or any third party's intellectual
property rights regarding the Trademarks, the Content,
the Collective Work, the Software and/or any other harm
incurred by findthebestrate.net or its affiliates as a
direct or indirect result of your copying, distributing,
redistributing, transmitting, publishing or using the
same for purposes that are contrary to the terms and
conditions of this Agreement.
Your Use of the Content
findthebestrate.net grants you a
limited license to access, print, download or otherwise
make personal use the Content and the Collective Work in
the form of: (i) one machine-readable copy; (ii) one
backup copy; and (iii) one print copy, for your
non-commercial use; provided, however, that you shall
not delete any proprietary notices or materials with
regard to the foregoing manifestations of the Content
and the Collective Work. You may not modify the Content
or the Collective Work or utilize them for any
commercial purpose or any other public display,
performance, sale, or rental, decompile, reverse
engineer, or disassemble the Content and the Collective
Work, or transfer the Content or the Collective Work to
another person or entity.
Except as otherwise permitted under
the copyright laws of the United States, no other
copying, distribution, redistribution, transmission,
publication or use, other than the non-commercial use of
the Content and the Collective Work as permitted by this
Agreement, is permitted by you without the express prior
written permission of findthebestrate.net, which
permission may be withheld in findthebestrate.net's sole
discretion.
Access and Interference
You agree that you will not: (i) take
any action that imposes, or may impose in
findthebestrate.net's sole discretion an unreasonable or
disproportionately large load on findthebestrate.net's
infrastructure; (ii) copy, reproduce, modify, create
derivative works from, distribute or publicly display
any content (except for your personal information) from
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permission of findthebestrate.net and the appropriate
third party, as applicable; (iii) interfere or attempt
to interfere with the proper working of
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Electronic Communications
When you visit
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receive communications from findthebestrate.net
electronically. Although findthebestrate.net may choose
to communicate with you by phone or mail.
findthebestrate.net may also choose to communicate with
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notices, disclosures and other communications that
findthebestrate.net provides to you electronically
satisfy any legal requirement that such communications
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Your Responsibility for
Equipment and Related Costs
You are responsible for obtaining and
maintaining all telephone, computer hardware, Internet
access services and other equipment or services needed
to access and use www.findthebestrate.net, and all costs
and fees associated with Internet access or long
distance charges incurred with regard to your access and
use of www.findthebestrate.net.
Third Party Links
There may be provided on
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responsible for the activities or policies of those Web
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the products of any particular advertiser, business
partner, affiliate or other third party.
findthebestrate.net does not guarantee that the loan
terms or rates offered by any particular advertiser,
business partner, affiliate or other third party on
www.findthebestrate.net are the best terms or lowest
rates available in the market.
findthebestrate.net Makes No
Representations or Warranties Regarding the Content
THE CONTENT AND ALL SERVICES AND
PRODUCTS ASSOCIATED WITH WWW.findthebestrate.net ARE
PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS.
findthebestrate.net MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF WWW.findthebestrate.net OR THE INFORMATION,
CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR
ASSOCIATED WITH WWW.findthebestrate.net. YOU EXPRESSLY
AGREE THAT YOUR USE OF WWW.findthebestrate.net AND ALL
PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH
WWW.findthebestrate.net IS AT YOUR SOLE RISK.
findthebestrate.net DOES NOT MAKE ANY
REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR
IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR
COMPLETENESS OF THE CONTENT OR THE SERVICES AND PRODUCTS
ASSOCIATED WITH WWW.findthebestrate.net, NOR THE SAFETY,
RELIABILITY, TITLE, TIMELINESS, COMPLETENESS,
MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR
PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS
ASSOCIATED WITH WWW.findthebestrate.net. IT IS YOUR SOLE
RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY,
CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE
SERVICES AND PRODUCTS ASSOCIATED WITH
WWW.findthebestrate.net. findthebestrate.net MAKES NO
REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT
THAT MAY BE AVAILABLE FOR DOWNLOADING FROM
WWW.findthebestrate.net IS FREE OF INFECTION FROM ANY
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.
The Content is intended only to
assist you with financial decisions and is broad in
scope and does not consider your personal financial
situation. Your personal financial situation is unique
and the information and advice may not be appropriate
for your situation. Accordingly, before making any final
decisions or implementing any financial strategy,
findthebestrate.net recommends that you obtain
additional information and advice of your accountant and
other financial advisors who are fully aware of your
individual circumstances.
Limitations on
findthebestrate.net's Liability
findthebestrate.net SHALL IN NO EVENT
BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD
PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING,
BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED
TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS,
AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR
VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT;
(II) YOUR ACCESS AND USE OF WWW.findthebestrate.net;
(III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR
USE WWW.findthebestrate.net FOR ANY REASON; (IV) YOUR
DOWNLOADING OF ANY OF THE CONTENT OR THE COLLECTIVE WORK
FOR YOUR USE; (V) YOUR RELIANCE UPON OR USE OF THE
CONTENT OR THE COLLECTIVE WORK, OR (VI) ANY INFORMATION,
SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH
WWW.findthebestrate.net, OR OTHERWISE ARISING OUT OF THE
USE OF WWW.findthebestrate.net, WHETHER RESULTING IN
WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS
BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF BANKRATE AND/OR ITS SUPPLIERS HAD BEEN ADVISED
OF THE POSSIBILITY OF DAMAGES.
Certain state laws do not allow
limitations on implied warranties or the exclusion or
limitation of certain damages. If these laws apply to
you, some or all of the above disclaimers, exclusions or
limitations may not apply to you.
Your Indemnification of
findthebestrate.net
You shall defend, indemnify and hold
harmless findthebestrate.net and its officers,
directors, shareholders, employees, independent
contractors, agents, representatives and affiliates from
and against all claims and expenses, including, but not
limited to, attorneys' fees, arising out of, or
attributable to: (i) any breach or violation of this
Agreement by you; (ii) your failure to provide accurate,
complete and current personally identifiable information
requested or required by findthebestrate.net; (iii) your
access or use of www.findthebestrate.net; and/or (iv)
access or use of www.findthebestrate.net under any
password that may be issued to you.
Amendments of this Agreement
findthebestrate.net reserves the
right to update, amend and/or change this Agreement at
any time in its sole discretion and without notice.
Updates to this Agreement will be posted here. You are
encouraged to revisit this Agreement from time to time
in order to review any changes that have been made.
findthebestrate.net's last update was March 17, 2006.
Your continued access and use of www.findthebestrate.net
following the posting of any such changes shall
automatically be deemed your acceptance of all changes.
findthebestrate.net's
Remedies
You acknowledge that
findthebestrate.net may be irreparably damaged if this
Agreement is not specifically enforced, and damages at
law would be an inadequate remedy. Therefore, in the
event of a breach or threatened breach of any provision
of this Agreement by you, findthebestrate.net shall be
entitled, in addition to all rights and remedies, to an
injunction restraining such breach or threatened breach,
without being required to show any actual damage or to
post an injunction bond, and/or to a decree for specific
performance of the provisions of this Agreement. For
purposes of this Section, you agree that any action or
proceeding with regard to such injunction restraining
such breach or threatened breach shall be brought in the
courts of record of Palm Beach County, Florida, or the
United States District Court, Southern District of
Florida. You consent to the jurisdiction of such court
and waive any objection to the laying of the venue of
any such action or proceeding in such court. You agree
that service of any court paper may be effected on such
party by mail or in such other manner as may be provided
under applicable laws, rules of procedure or local
rules.
Governing Law; Arbitration
This Agreement is to be governed by
and construed in accordance with the internal laws of
the State of Florida, without regard for principles of
conflicts of laws. Any civil action, claim, dispute or
proceeding arising out of or relating to this Agreement,
except for an injunctive action regarding a breach or
threatened breach of any provision of this Agreement by
you as provided above, shall be referred to final and
binding arbitration, before a single arbitrator, under
the commercial arbitration rules of the American
Arbitration Association in Palm Beach County, Florida.
THEREFORE, YOU DO NOT HAVE THE
OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR
RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR
BRING CLASS ACTIONS. BY USING WWW.findthebestrate.net
YOU CONSENT TO THESE RESTRICTIONS.
You and findthebestrate.net shall
select the arbitrator, and if you and
findthebestrate.net are unable to reach agreement on
selection of the arbitrator within thirty (30) days
after the notice of arbitration is served, then the
American Arbitration Association shall select the
arbitrator. Arbitration shall not commence until the
party requesting it has deposited One Thousand Dollars
($1,000.00) with the arbitrator for the arbitrator's
fees and costs. The party requesting arbitration shall
advance such sums as are required from time to time by
the arbitrator to pay the arbitrator's fees and costs
until the prevailing party is determined or the parties
have agreed in writing to an alternate allocation of
fees and costs.
Should a Dispute arise and should the
arbitration provisions herein become inapplicable or
unenforceable, or in any instance of any lawsuit between
you and findthebestrate.net, jurisdiction over and venue
of any suit shall be exclusively in the state and
federal courts sitting in Palm Beach County, Florida.
Judgment upon any award rendered by
the arbitrator shall be final, binding and conclusive
upon you and findthebestrate.net and your and
findthebestrate.net's respective administrators,
executors, legal representatives, successors and
assigns, and may be entered in any court of competent
jurisdiction. Notwithstanding the previous sentence, in
no event shall either you or findthebestrate.net be
entitled to punitive damages and both you and
findthebestrate.net hereby waive your and
findthebestrate.net's respective rights to any punitive,
special, indirect or consequential damages, including,
but not limited to, damages for any loss of profit,
revenue or business.
Miscellaneous
If any portion of this Agreement is
deemed unlawful, void or unenforceable by any arbitrator
or court of competent jurisdiction, this Agreement as a
whole shall not be deemed unlawful, void or
unenforceable, but only that portion of this Agreement
that is unlawful, void or unenforceable shall be
stricken from this Agreement.
The headings contained in this
Agreement are for convenience of reference only, are not
to be considered a part of this Agreement, and shall not
limit or otherwise affect in any way the meaning or
interpretation of this Agreement.
All covenants, agreements,
representations and warranties made in this Agreement,
as may be amended by findthebestrate.net from time to
time, shall survive your acceptance of this Agreement
and the termination of this Agreement.
This Agreement represents the entire
understanding and agreement between you and
findthebestrate.net regarding the subject matter of the
same, and supersedes all other previous agreements,
understandings and/or representations regarding the
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