Shop For Home Warranty refers to (the "Website," "we," "our," or "us").
Please read these Terms of Service (the "Agreement") carefully. Your use of the Site constitutes your agreement to be bound by this Agreement. The "Site" means all the content, services and products available on the websites, applications, emails, widgets or other media through which you accessed this Agreement.
THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE ALL CLAIMS (PLEASE SEE SECTION 17). EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND QS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Table of Consents:
1. Modification of Terms
2. Your Access and Use of the Site
3. Information you submit through the Site
4. AUTHORIZATION TO OBTAIN A CREDIT REPORT AND CREDIT SCORE
5. Services and Content Offered on the Site
6. Rules of Conduct
7. Jurisdictional Issues
8. Links to third party sites
9. Registration; Usernames and Passwords
11. Proprietary Rights
12. CONSENT TO ELECTRONIC COMMUNICATIONS
13. Disclaimer of Warranties
14. Limitation of Liability
18. Claims of Copyright Infringement
19. Governing Law
Requests to be Matched. We may provide you with the opportunity to submit requests (each, a "Request") for information and to be matched with mortgage lenders, personal loan lenders or other service providers ("Service Providers"). A Request is not an application for credit or a request for a loan pre-qualification. Rather, a Request is an inquiry to be matched with Service Providers. The Site acts solely as a paid marketing lead generator. You understand that we are not a broker, lender, creditor for or issuer of the products featured on the Site. We do not make any decisions regarding the products and services offered by the Service Providers and does not make any loan or credit decisions. We are not your agent, nor is it the agent of any Service Provider with respect to your request for financial offerings. Ww may receive a marketing lead generation fee from the Service Providers.
No guarantee of loan or credit. We cannot and do not guarantee that you will be matched to any Service Provider, that any Service Provider will make a loan or offer to you, or that any program terms including any specific loan terms or rates, offered by the Service Providers are the best terms or lowest rates available in the market. A Service Provider's offer may be subject to market conditions, approval and qualification. The rates and fees you actually achieve may be higher or lower depending on your complete credit and financial profile. Your ability to secure any loan or consummate any transaction with any Service Provider is solely a matter to be resolved between you and such Service Provider. You may have to complete an application with, and pay an application fee to, the Service Provider before they extend an offer to you or provide that Service Provider with additional information to enable them to further verify your income.
Transfer of your information. In submitting a Request to us, both we and the Service Providers may ask for your name, Social Security number, address, telephone number, date of birth and other important information to allow us and the Service Providers to verify your identity and match you to offers. In submitting a Request to be matched on the Site, you agree to allow us to transfer all of the information that you provide in connection with your Request to third parties, including Service Providers, whether or not you have specifically selected such Service Provider. If any Service Provider(s) wish to provide information to you in connection with your Request, you will be contacted regarding the offerings and related pricing, and the Service Provider(s) may keep your Request information and any other information provided by us in connection with your Request whether or not they offer you a product or service. Please notify the Service Provider(s) directly if you no longer wish to receive communications from them.
In submitting a Request to be matched with Service Providers, you further expressly authorize any Service Providers with whom I am matched to share among its affiliates, loan services, and bank partners any transaction history related to your financial products or services received or serviced through such Service Provider for the purpose of evaluating me for credit.
No endorsements or recommendations. In working with Service Providers, we seek to work with companies that are reputable and professional; however, we strongly recommend that you perform your own due diligence on each potential Service Provider prior to selecting and/or entering into any type of agreement or other arrangement with any particular Service Provider. In addition, once we refer your Request to the Service Providers, We have no further involvement in any transactions that occur between you and the Service Provider(s). We neither recommends nor endorses any specific products, opinions, or other Site Content that may be made available through or mentioned on the Site.
WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY SERVICE PROVIDER'S ACTS OR OMISSIONS INCLUDING FOR ANY QUOTES OR SERVICES THAT ANY SUCH SERVICE PROVIDER MAY PROVIDE, FOR ANY SERVICE PROVIDER'S CONTACTING OR FAILURE TO CONTACT YOU, FOR ANY SERVICE PROVIDER'S PERFORMANCE OR FAILURE TO PERFORM ANY SERVICES, OR FOR ANY AGREEMENT OR TRANSACTION BETWEEN YOU AND ANY SERVICE PROVIDER.
No substitute for professional advice. We provide all Site Content and Site Services solely for your convenience, and such Site Content and Site Services (i) are not intended as a substitute for professional advice; (ii) should not be construed as the provision of advice or recommendations; and (iii) should not be relied upon as the basis for any financial decision or action. We are not responsible for the accuracy or reliability of any Site Content or the Site Services. Site Content is not exhaustive and should not be considered complete or up-to-date. It is your responsibility to evaluate the accuracy, completeness or usefulness of any Site Content or Site Services available through the Site. The relationship between you and us is not a professional or similar relationship; always seek the advice of a qualified professional with respect to any questions that you may have, and never disregard professional advice or delay in seeking it because of something that you have read on the Site.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS AVAILABLE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
Except if you opt-out or for disputes relating to: (i) yours or our intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); or (ii) violations of provisions 6.d or 6.i of this Agreement, you agree that all disputes between you and us (whether or not such dispute involves a third party) with regard to your relationship with the Site, including disputes related to this Agreement, your use of the Site, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and us hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules. You may bring claims only on your own behalf. Neither you nor us will participate in a class action or class-wide arbitration for any claims covered by this Agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either us or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement.
You may opt out of this agreement to arbitrate. If you do so, neither you nor us can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
DBA Shop For Home Warranty
ATTN: Legal - Arbitration Opt-out
96 Craig Street, Suite 325
Ellijay, GA, 30540
You must include your name and residence address, the email address you used, and a clear statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Clause will be null and void. This arbitration agreement will survive the termination of your relationship with us.
In any arbitration, we will pay the filing, administration, service or case management fee, plus the costs associated with the first day of arbitration, with the remaining costs to be paid by the non-prevailing party. We will pay additional arbitration expenses to the extent that the arbitrator determines that we must do so in order to ensure the enforceability of this Arbitration Clause. Each party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law.
The arbitrator's award is final and binding on all parties, except that the losing party may request a new arbitration under the rules of the arbitration organization by a three-arbitrator panel.
DBA Shop For Home Warranty
ATTN: Legal - Arbitration Opt-out
96 Craig Street, Suite 325
Ellijay, GA, 30540
We suggest that you consult your legal advisor before submitting a notice or counter-notice.
I expressly authorize the third party lender I am matched with to share among its affiliates, loan servicers, and bank partners any transaction history related to my financial products or services received or serviced through the third party lender for the purpose of evaluating me for credit.