TERMS OF USE
Welcome to FinanceIsUs!
These Terms of Use (“Terms“) are entered into between you (“user“, “you” or “your“) and CodeFuel Ltd. (“Company“, “we“, “us“, and “our“), and govern your access to, and use of, our website available at: www.financeisus.com, including its subdomains, as well as any widgets, tools, functionalities, email and browser notifications, and services made available via the foregoing (collectively, the “Website“).
Our Privacy Policy and any other legal terms which may be presented on the website, constitute an integral part of these Terms.
ACCEPTANCE OF THESE TERMS
Please read these Terms carefully before browsing or using the Website. By accessing or using the Website, you confirm that you have read, understood, and agree to be bound by these Terms, which further includes disclaimer and limitation of liability on our behalf, that form an essential basis of these Terms. IF YOU DO NOT AGREE WITH ANY PROVISIONS OF THESE TERMS, YOU MAY NOT ACCESS OR USE THE WEBSITE.
ELIGIBILITY & TERRITORY AND AGE RESTRICTIONS
This Website is offered and available only to users who: (i) are 18 years of age or older; and (ii) reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you are using this Website on behalf of an entity or any third party, you represent that you have the right, authority, and capacity to bind such entity or third party to these Terms (and all referenced to “user”, “you” and “your” shall refer to such entity or third party). If you do not meet all of these requirements, you must not access or use the Website.
OUR WEBSITE’S FEATURES, CONTENT AND TOOLS
Our Website provides general information, resources and reviews, related to certain financial related third parties’ services, products and offers (“Third-Party Provider” and “Third-Party Offer”, respectively). Third Party Providers may include, without limitations, lenders, mortgage brokers, insurance producers, as well as marketing partners and third-party finders, lead generators and aggregators on behalf of such lenders and brokers.
In addition, our Website includes tools enabling you to, for example, be displayed with Third-Party Offers that might be applicable to certain criteria you provide, easily access the Third-Party Provider applicable website and digital assets or otherwise contact the Third-Party Provider, or provide certain applicable information as well as contact details to be shared with Third-Party Providers for the purpose of receiving a Third-Party Offer.
Please Note That:
- WE ARE NOT LENDERS OR BROKERS NOR A PARTY TO ANY LOAN OR OTHER FINANCIAL TRANSACTION. Our Website, tools, and any content we make available therein (including any text, data, information, images, graphics, sounds, videos, audio clips, links, and collectively the “Content“) are merely intended to provide you with general information regarding the Third Party Offers, arranged in an easy-to-use manner or easily contact or being contacted by the Third-Party Providers. We do not provide any specific quote or offer. Meaning, our Website is solely intended to enable Third-Party Providers we are engaged with to display and offer, their or their partners’ Third Party Offers in a variety of formats, including to be shared with a user’s voluntarily provided information and contact details to be able to directly offer applicable Third-Party Offers.
- WE DO NOT MAKE NOR OFFER ANY FINANCIAL PRODUCTS, SERVICES OR TRANSACTIONS NOR ENDORSE THE THIRD-PARTY PROVIDERS OR PROVIDE ANY ASSURANCE OR GUARANTEE REGARDING THE THIRD-PARTY OFFERS. Any engagement with the Third-Party Provider or any action (including any application or transaction) related to the Third-Party Offer is made solely between you and the Third-Party Provider and we are not a party to such engagement or transaction, even where, upon a user’s request, we share certain information voluntarily provided by the user with the Third-Party Provider. Please read the respective terms of use and privacy policies of any Third-Party Provider that you interact with before you engage in any such activity. The display or communication to you of Third-Party Offers does not (and shall not be construed to) in any way imply, suggest, or constitute any sponsorship, endorsement, recommendation or approval by us of such Third Party Offer or Third-Party Provider. We do not control these Third Party Offers or Third-Party Providers, we do not vet any of the Third Party Providers you may interact with pursuant to your use of the Website, nor do we validate, investigate, audit, monitor or control the identity, credit worthiness, licensing, certification, qualifications, or bona fides of the Third Party Providers, or the accuracy of the information published on the Third Party Providers websites. We are not and shall not be responsible for the Third-Party Providers’ conduct nor the Third-Party Offers and any related transaction, including their quality, safety or legality, nor shall we be responsible in any way for any damage or loss caused or alleged to be caused by or in connection with the Third-Party Offers. If you have any queries or complaints regarding a Third-Party Offer, you agree to contact the Third-Party Provider directly.
- WE DO NOT MAKE NOR INVOLVED WITH ANY DECISION MADE BY THE THIRD-PARTY PROVIDER OR RELATED TO THE THIRD-PARTY OFFER. It is the Third-Party Providers’ sole discretion if to provide you, offer or approve any financial product or services, the terms of and eligibility for such financial product or services, as well as whether to contact you or respond to your inquiry, and we do not guarantee that you will be contacted or provided with any Third Party Offer even where you have used the Website and provided your information for such purpose. We do not guarantee that the Third-Party Offers’ terms, including rates and coverage, are the best terms or lowest rates available in the market and we do not provide information nor present all providers or offers available in the market. The rates and fees actually offered to you by a Third-Party Provider may be higher or lower depending on their criteria, considerations, and underwriting practices. In addition, Third Party Offers, even if displayed in our Website, might not be available in all states, and shall not be considered as an offer for financial products or services outside authorized states of the applicable Third-Party Provider. Third-Party Offers may discontinue, suspended or terminated in any specific state at any time, subject to the Third-Party Provider’s sole discretion.
- ADVERTISER DISCLOSURE – WE RECEIVE COMPENSATION FROM THE THIRD-PARTY PROVIDERS WE ARE ENGAGED WITH IN CONSIDERATION FOR THE DISPLAY OF THE THIRD-PARTY OFFERS OR IMPLEMENTATION OF TOOLS ENABLING YOU TO SUBMIT INFORMATION TO BE CONTACTED WITH AN OFFER. We earn fees from Third Party Providers in connection with certain interactions you may have with them or their content on our Website (including digital forms, banners, action buttons, phone calls, etc., and together with the Third-Party Offer’s terms shall be collectively referred to as the “Third-Party Content“), as well as generally in connection with any matching services we provide on the Website. For example, if you fill out an online form and provide your information, we may provide you with list of Third-Party Providers and we will receive compensation from the Third-Party Provider once you click on their link through our Website. In addition, we receive compensation for each online form filled out by a user requesting to be contacted by a Third-Party Provider. Such compensations are solely in consideration for the display of the Third-Party Offers on our Website and enabling users to contact or being contacted by an applicable Third-Party Provider and are not subject to an actual transaction or approval of any financial product or service.
- WE DO NOT PROVIDE ANY PROFESSIONAL OR FINANCIAL RELATED ADVICE. The Content is provided solely for general information and as an overview of the Third-Party Offers and is not meant to provide, replace or supersede a professional advice, financial, tax or legal advice. You are solely responsible for your financial decisions, and we urge you to obtain the advice of professional advisors (such as financial and legal advisors) who are fully aware of your individual circumstances before you make any financial or legal decisions. You acknowledge and agree that you rely on your own judgment and that of such advisors in entering into an agreement with a Third-Party Provider. You should not disregard professional advice, due to our Website or any Content available therein.
SUBMITTING INFORMATION THROUGH ONLINE FORMS AND TOOLS
BY SUBMITTING INFORMATION THROUGH THE TOOLS AVAILABLE IN OUR WEBSITE INTENDED TO RECEIVE INFORMATION REGARDING THIRD-PARTY OFFERS OR CONTACTED BY THE THIRD-PARTY PROVIDERS, YOU AUTHORIZE US TO PROVIDE SUCH INFORMATION TO THE THIRD-PARTY PROVIDERS IN ORDER TO HELP YOU COMPLETE YOUR REQUEST. You provide your express consent to each Third-Party Provider to contact you by email or telephone number you have provided (including through auto-dialed, pre-recorded, artificial voice and/or text messages), regardless if your number is on any corporate, state or national Do Not Call list or registry. You are not required to provide your consent as a condition of purchasing any goods or services. You may opt-out through the resources and means of communication provided by the Third-Party Provider.
If you provide, publish, upload, or transmit any content or information to or via the Website, including any of your Information, you represent and warrant that: (i) the information you provide will be complete and accurate; (ii) no processing of your information under these Terms (whether by us or Third Party Providers) will violate any applicable law, or third party’s rights right; and (iii) you have obtained and will maintain all required consents and licenses, necessary to so provide, publish, upload, and transmit your information or third party’s information.
A list of partners to whom your submitted information may be transmitted to can be found HERE.
You acknowledge that such Third-Party Providers may request you to provide additional information or otherwise use the information you provide in order to conduct, at their discretion, eligibility checks, verification and other assessments as they believe needed to evaluate your inquiry or application (including “soft credit inquiry” of your creditworthiness, where such soft inquiry can remain on your credit report for twenty four months but do not affect your credit score, as well as “hard credit inquiry” to fully evaluate your creditworthiness and eligibility). Additional information regarding credit inquiries can be found at the Consumer Financial Protection Bureau’s website.
USAGE RESTRICTIONS
As a condition to your access to and use of the Website, you shall not (and shall not permit or encourage any third party to) do any of the following, in whole or in part: (i) copy or reproduce (such as by screen scraping), republish, create public Internet “links” to, “frame”, or “mirror” any part of the Website or Content, or otherwise access the Website via any automated process; (ii) sell, assign, lease, lend, rent, distribute, or make available any part of the Website or Content to any third party, or otherwise offer or use any part of a time-sharing, outsourcing, or service bureau environment; (iii) modify, adapt, arrange, translate, decompile, disassemble, reverse engineer, decrypt, or otherwise attempt to discover the source code or non-literal aspects (such as the underlying ideas, algorithms, structure, sequence, organization, and interfaces) of the Website or any part thereof; (iv) remove, alter, or conceal, in whole or in part, any copyright, trademark, or other proprietary rights notice or legend displayed or contained on the Website; (v) make a derivative work of the Website, Content, or any part thereof, or use the Website or Content to develop or create any service, product, or Content that is the same as (or substantially similar to or competitive with) the Website; (vi) upload, publish, or transmit any “robots” or “spiders” (such as web crawlers), virus, malware, Trojan horse, spyware, or similar malicious item intended (or that has the potential) to damage or disrupt the Website, or otherwise misuse any Content; (vii) take any action that imposes or may impose (at our sole discretion) an unreasonable or disproportionately large load on the Website infrastructure, or otherwise interfere (or attempt to interfere) with the integrity or proper working of the Website; and (viii) use the Website in a manner that may infringe, misappropriate or violate any third party’s intellectual property rights, privacy (or other personal) rights), or any applicable law (such as to impersonate or attempt to impersonate any other person or entity).
THIRD PARTY RESOURCES
The Website will display, link to, or otherwise allow you to view, access, or interact with, third parties’, including Third Party Providers’ content, tools and sources that are not owned or controlled by us, including but not limited to partners which help to facilitate the list of Third-Party Offers (collectively “Third Party Resources“). These Third-Party Resources are not operated or owned by us. We do monitor the content or offers made available through the Third-Party Resources, nor its accuracy, legality or quality. Given the above, we do not guarantee the access to, recording of, or viewing of any particular Third-Party Offer made available through Third-Party Resources. Please note that by entering or interacting with such Third-Party Resources, you will be subject to their terms of services and privacy policies, thus we recommend you to carefully review the applicable terms and policies, verify their practices and restrictions such as residency, age restrictions and privacy practices. We will have no responsibility or liability with regards to Third Party Resources, directly or indirectly, including for any loss or damage of any sort incurred as a result of your use of or reliance on any Third-Party Resources.
INTELLECTUAL PROPERTY
The Company, including its affiliates and subsidiaries (Collectively “Company Group“), and, as applicable, licensors and suppliers. is and shall remain the sole and exclusive owner of (or have the necessary to) all right, title, and in and to: (i) the Website, Content, as well as any computer programs (including APIs), databases, or other intellectual property underlying, operating, or otherwise embodied in the Website; and (ii) the trademarks, service marks, trade names, service names, trade dress, symbols, brands, and logos displayed on contained on or in any Content. Except as expressly set forth herein, the Company Group (and as applicable, licensors and suppliers) reserve all rights in and to their respective intellectual property rights. Any right not expressly granted to you in these Terms, are hereby reserved.
PRIVACY
When you are using or accessing to our Website, we will process certain information regarding your use, or otherwise information you voluntarily choose to provide, depending on your interaction with us, as further detailed in our Privacy Policy available at: www.financeisus.com/privacy-policy.
WARRANTY DISCLAIMERS
THE WEBSITE AND CONTENT IS PROVIDED AND MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND WITHOUT ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION OF ANY KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, NON-INFRINGEMENT, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED BY THE COMPANY AND ITS LICENSORS AND SUPPLIERS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OR ON BEHALF OF THE COMPANY OR MADE AVAILABLE ON THE WEBSITE SHALL CREATE OR GIVE RISE TO A REPRESENTATION, WARRANTY, GUARANTEE, OR CONDITION. ANY USE OF, OR RELIANCE UPON CONTENT IS AT YOUR SOLE RISK.
IN ADDITION, NEITHER THE COMPANY NOR ITS LICENSORS OR SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, OR CONDITION: (I) REGARDING THE EFFECTIVENESS, USEFULNESS, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY, OR COMPLETENESS OF ANY CONTENT; (II) THAT YOUR USE OF, OR RELIANCE UPON, CONTENT WILL MEET YOUR REQUIRMENTS OR EXPECTATIONS, THAT YOU WILL OBTAIN ANY LOANS (OR QUOTE THEREFOR), THAT LOANS, QUOTES, FEES OR TERMS ARE THE BEST AVAILABLE, OR THAT YOU WILL BE MATCHED WITH A THIRD PARTY OFFER; (III) THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE OR VIRUS-FREE, OR THAT DEFECTS WILL BE CORRECTED.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL THE COMPANY GROUP BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS OF USE, FOR: (I) ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES; (II) LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF REVENUE, LOSS OF ANTICIPATED SAVINGS, LOSS OF OPPORTUNITY, WASTED TIME OR EXPENDITURE, OR OTHER ECONOMIC LOSS; (III) LOSS OF, OR DAMAGE OR INTERRUPTION TO, DATA, NETWORKS, INFORMATION SYSTEMS, REPUTATION, OR GOODWILL; OR (IV) THE COST OF COVER, OR OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES. THE ABOVE SHALL APPY EVEN IF WE WERE ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES, DAMAGES, OR COSTS AND REGARDLESS OF THE THEORY OR BASIS OF LIABILITY, INCLUDING WITHOUT LIMITATION BREACH OF WARRANTY, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY, OR OTHER CONTRACT, TORT OR STATUTORY LIABILITY. THE COMBINED AGGREGATE LIABILITY OF THE COMPANY GROUP IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED ONE HUNDRED US DOLLARS (US$ 100). APPLICABLE LAWS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND IN SUCH EVENT OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENDED PERMITTED BY APPLICABLE LAWS.
To the maximum extent permitted by applicable Law, you hereby irrevocably release the Company, Group, and its and their respective directors, officers, members, employees, representatives, consultants, agents, suppliers and/or distributors from all responsibility, liability, claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with disputes between or among you and any Third-Party Providers and Third Party Resources. You hereby irrevocably waive the applicability of California Civil Code §1542, and any similar statute or principle of common law. California Civil Code §1542 says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company Group, and its and their licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms or your use of the Website, including, but not limited to any use of the Content, services, and products other than as expressly authorized in these Terms, or any Information provided by you through the Website.
CHANGES TO OUR WEBSITE AND CONTENT
We may, at any time and at our sole discretion, change, correct revise, amend or modify our Website and Content. In addition, at any time and at our sole discretion, we may discontinue, temporarily or permanently the operation of the Website, and any feature available therein, without notice and without liability.
AMENDMENTS OF THESE TERMS
We reserve the right to modify these Terms at any time by posting the modified Terms on the Website. Such modifications will be effective upon posting (unless we specify a later effective date). In such cases, we will also update the “Last Updated” reference set forth at the header of these Terms. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
GOVERNING LAW
These Terms (including without limitation its validity) shall be governed by, and construed in accordance with, the laws of the State of New York, USA without regard to any conflicts of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms and is hereby disclaimed. Any claims or damages that you may incur hereunder shall only be enforceable against the Company, and not any other third party (such as Company Group, officers, directors, representatives, employees, or agents).
MISCELLANEOUS
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you. The Company may, without restriction or obligation (such as notification) assign, at any time, its rights and obligations under these Terms, and any remedy may be exercised (in whole or in part), by a member of the Company Group.
Entire Agreement. These Terms, constitute the entire understanding between the parties relating to the subject matter herein. You acknowledge and agree that in entering into these Terms you have not relied on any statement or representation (whether negligently or innocently made) not expressly set out in these Terms, such as statements and explanations in any FAQs, summaries or explanatory guides, or other marketing material on the Website.
Severability. In the event any provision of these Terms is found to be unlawful, unenforceable, invalid or otherwise unenforceable, such provision shall be deemed severable from these Terms and will not be affect the validity and enforceability of any remaining provision.
Waiver. Our failure to require performance of any provision under these Terms shall not affect our right to require performance at any time thereafter; nor shall a waiver of a breach of any provision constitute a waiver of the provision itself or a waiver on another occasion.
Language; Electronic Contract and Communications. The language of these Terms is expressly agreed to be the English language. You hereby irrevocably waive, to the maximum extent legally permitted, any Law applicable to you requiring that these Terms be localized to meet your language (as well as any other localization requirements), or requiring an original (non-electronic) signature or delivery or retention of non-electronic records. You acknowledge and agree that when you click on any “SUBMIT”, “I AGREE”, “I ACCEPT”, or similar button, or when you click on any button or other link through which you submit information, you are submitting a legally binding electronic signature. Pursuant to any applicable laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (“E-Sign Act“) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE.
Feedback. If you send us any suggestions, feedback, or similar ideas for or about any Content (collectively, “Feedback“), you agree that the Company exclusively owns all right, title, and interest (including without limitation all intellectual property rights) in and to the Feedback, and you are not owed any compensation in exchange; and the Company may, in perpetuity, use, copy, distribute, sell, create derivative works of, and otherwise commercially exploit the Feedback for any purpose and in any way.
CONTACT US
If you have any comments or questions regarding these Terms or our Website, or you wish to send us any notices, please contact us at:
CodeFuel Ltd.
Codefuel Ltd.
1 World Trade, 77th Floor
New York, NY 10007
