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Find Your LenderTerms of Use Last updated: July 15, 2007
Welcome to BeatMyBroker.com®, (referred to herein as "BMB", "we," "us," or "our"). Before you may use the BeatMyBroker.com website ("BMB Website"), you must review and agree to this Terms of Use Agreement ("Agreement"). This Agreement describes the terms and conditions of your use of the BMB Website and the services provided through or in connection with the BMB Website (collectively, "Service"), which we may update from time to time without notice to you. By accessing this site, you are indicating your acknowledgment and acceptance of this Agreement. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access the BMB Website or the Service.
1. Access to the BMB Website. To access this site or the Service, you will be asked to provide certain information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If we believe that the information you provide is not correct, current, or complete, we may deny your access to the BMB Website or any of its resources, and we have the right to terminate or suspend your access at any time.
2. Loan Products and Services; Authorization to Obtain Your Credit Report and Credit Score. The BMB Website is an online marketplace where you can work with mortgage professionals who are committed to offering low interest rates and low fee home loans. You understand and agree that if you submit a request for a loan product or service offered through the Service, BMB will share your personal information (such as your full name, address, telephone number, and social security number) with Lenders in our Lender network, including banks, correspondent lenders, mortgage bankers and brokers (referred to individually as "Lender" and collectively as "Lenders") to process and fulfill your request. You agree and authorize Lenders that receive your personal information, social security number, or year of birth to obtain and use your credit report and credit score for the purpose of processing and fulfilling your request.
By using the Service, you acknowledge that BMB does not make loan or credit decisions in connection with the Service and that BMB is not a party to any agreement that you may make with any Lender, and that the Lender is solely responsible for its services to you. BMB is not a lender, and the information provided by you to BMB is not an application for a mortgage loan, nor is it used to pre-qualify you with any Lender or broker. You further acknowledge that BMB is not acting as your agent or broker and is not recommending any particular loan product or Lender to you. Any compensation BMB may receive is paid by the individual Lender for the referral of your information and interest by BMB to that particular Lender. BMB does not charge you a fee to use the BMB website. You understand that individual Lenders make their own requirements for a particular loan product and that BMB does not endorse, warrant, or guarantee the products or services of any the Lender. Nothing contained herein shall constitute an offer or promise for a loan commitment or interest rate lock-in agreement. You agree that BMB shall not be liable for any damages or costs of any type which arise out of or in connection with your use of the Lender’s service or in any other way through your use of the Service or the BMB Website.
By submitting your contact request for a loan product, you are consenting to be contacted by one or more Lenders either by telephone, email or regular mail based on the information you have provided to us, even if you have opted into the National Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List, or the Do Not Call List of an internal company. You understand that a Lender may maintain the information you submitted to BMB whether you elect to use their services or not. In the event you no longer want to receive communications from a Lender, you agree that it is your obligation to notify the Lender directly and you agree that BMB has no obligation to act on your behalf in relation to making such communications to any of our Lenders.
3. Use of the BMB Website and Service. You may use the BMB Website for purposes expressly permitted by the BMB Website. You may not use the BMB Website for any other purpose, including any commercial purpose, without our express prior written consent. For example, you may not (and may not authorize any other party to): (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without our express prior written permission. For purposes of this Agreement, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with BMB in causing any unauthorized co-branding, framing, or hyper-linking immediately to cease.
By using the Service and the BMB website, you certify to BMB that: (i) you are at least eighteen (18) years of age; (ii) you assume full responsibility for the use of the Service by any minors; (iii) you agree that all information you have submitted to BMB, online or otherwise, is accurate and complete, and that you have not knowingly submitted false information on or through the BMB Website or Service; and, (iv) your use of the Service is subject to all applicable federal, state, and local laws and regulations.
4. Prohibited conduct. By using the BMB website or the Service, you agree that you will not: (i) submit, transmit or facilitate the distribution of information or content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable; (ii) submit, transmit, promote or distribute information or content that is illegal; (iii) attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Service or the BMB Website; (iv) take any action that imposes or may impose, determined in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (v) upload invalid data, viruses, worms, or other software agents through the Service; (vi) use any robot, spider, scraper or other system to access the Service for any purpose without our express written permission; (vii) impersonate another person or otherwise misrepresent your identity or affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity; (viii) submit, upload, post, email, transmit or otherwise make available any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (ix) interfere with the proper working of the Service; or, (x) bypass the measures we may use to prevent or restrict access to the Service.
5. Privacy Policy. Personal information submitted in connection with the Service is subject to our Privacy Policy. For more information, see our full privacy policy.
6. Copyright and Trademark Notice Information. All content of the BMB Website is protected under copyright by: Madquist Consulting, LLC d/b/a BeatMyBroker.com, P.O. Box 9566, Salt Lake City, Utah 84109 and/or its Lenders and third party vendors. All rights reserved. "BeatMyBroker.com"®, "Lower Rates. Lower Fees. Better Loans."® trademarks and service marks and other BMB logos and product service names are trademarks of BMB ("BMB Marks"). Without BMB's prior permission, you agree not to display or use in any manner, the BMB Marks in any form or in any media whatsoever. All other logos or brand names shown on the Service are trademarks of their respective owners and/or licensors.
7. Proprietary Rights. The material and content accessible from the BMB Website, and any other website owned, operated, licensed, or controlled by Madquist Consulting, LLC, whether now or in the future (the "Content") is the proprietary information of Madquist Consulting, LLC d/b/a BeatMyBroker.com (referred to herein as "BMB") or the party that provided the content to BMB, and BMB or the party that provided the Content to BMB retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of BMB, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in this Agreement violates BMB's intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to the BMB Website.
8. Links. BMB, through the BMB Website, the Service or otherwise, may provide links to other websites. Because BMB has no control over such websites, you acknowledge and agree that BMB is not responsible for the availability of such external websites, and you agree that BMB does not endorse and is not responsible or liable for any content, advertising, products, services, or other materials on or available from such websites. You further acknowledge and agree that BMB shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, products, goods or services available on or through any such website.
9. Disclaimer. By using the BMB Website or the Services you acknowledge and agree that BMB cannot and does not guarantee or warrant that files available for downloading from the BMB Website or from the internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for reconstructing any lost data. BMB does not assume any responsibility or risk for your use of the internet.
10. Indemnification. You agree to indemnify and hold BMB, its subsidiaries, affiliates, agents, shareholders, members, officers, managers, directors, contractors, vendors and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the BMB Website or Service, the violation of the Agreement by you, or the infringement by you, or any other user of the BMB Website or Service using your computer, of any intellectual property or other right of any person or entity. BMB reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
11. No Warranty. BMB PROVIDES THE BMB WEBSITE AND THE SERVICE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURANCY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BMB MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. BMB DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING, WITHOUT LIMITATION: (i) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (ii) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND, (iii) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. BMB DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT ON THE BMB WEBSITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND BMB MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT BMB, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. BMB MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information on the BMB Website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on the BMB Website, and BMB does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.
12. Limitation of Liability. IN NO EVENT WILL BMB BE LIABLE FOR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS DISPLAYED, PURCHASED, OR OBTAINED AS A RESULT OF ANY INFORMATION OR OFFER IN OR RESULTS OF ANY KIND OBTAINED IN CONNECTION WITH THE BMB WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY AGENT REFERRALS, LOAN RECOMMENDATIONS, APPLICATION, APPROVAL, PRE-QUALIFICATION, LOAN, OR INTEREST RATE ANALYSIS; FURTHER, BMB WILL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE BMB WEBSITE OR SERVICE, EVEN IF BMB HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST BMB WITH RESPECT THIS AGREEMENT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
Nothing on the BMB Website contains an offer, promise or otherwise, either to make a specific loan or that any participating Lender or broker will make any loan for any purpose or on any specific terms. In no event shall BMB be liable to anyone for any delays, inaccuracies, errors or omissions with respect to the information or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the information. You bear the entire risk as to the accuracy, adequacy, completeness, currentness, validity, and quality of any information.
13. Release. YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE BMB AND ITS AFFILIATES, PARTNERS, SERVICE PROVIDERS, LENDERS, VENDORS, AND CONTRACTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.
14. Notice. BMB may provide you with notices, including those regarding changes to the Agreement, either by email, regular mail, or postings on the Service. All notices to BMB must be made in writing and mailed to:
BeatMyBroker.com
Attn: Legal Department
3230 Kenwood St.
Salt Lake City, UT 84106
15. Termination. You agree that BMB may, for cause and without prior notice, immediately terminate your access to the BMB Website or Service. Cause for such termination shall include, but not be limited to: (i) breaches or violations of the Agreement or other incorporated agreements or the Privacy Policy; (ii) requests by law enforcement or other government agencies; (iii) discontinuance or material modification to the Service (or any part thereof); (iv) unexpected technical or security issues or problems; or any other reason determined by BMB in its sole discretion. You agree that all terminations for cause shall be made in BMB’s sole discretion and that BMB shall not be liable to you or any third party for any termination or access to the BMB Website or Service.
16. Dealings with Third Parties; BMB Referral Fee. Your correspondence or business dealings with any third parties as a result of your visit and participation in the Service, including, but not limited to, business dealings with mortgage brokers or lenders, insurance agents or carriers, or any other terms, conditions, warranties, representations associated with such dealings, are solely between you and such third party. You agree that BMB shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party on the Service. BMB will receive a fee from a Lender upon passing along your inquiry as compensation for referring your information to such Lender. BMB receives this fee whether or not you close your loan with any Lender. This is the total compensation BMB receives from the Lender and the Lender pays this fee.
17. Disputes. This Agreement will be interpreted in accordance with the laws of the State of Utah, without regard to the conflicts of laws principles thereof. You specifically consent to personal jurisdiction in Utah in connection with any dispute between you and BMB arising out of this Agreement or pertaining to the subject matter hereof. The parties to this Agreement each agree that the exclusive venue for any dispute between the parties arising out of this Agreement or pertaining to the subject matter hereof will be in the state and federal courts in Salt Lake City, Utah. You also specifically waive any right to jury trial for any dispute arising out of this Agreement or the subject matter hereof.
18. Modification to Service. BMB reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that BMB shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
19. Waiver and Severability of Terms. The failure of BMB to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
20. Disclosure of Your Information. You acknowledge, consent and agree that BMB may access, preserve, and disclose the information we collect about you if required to do so by law or in good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any information or content violated the rights of the third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of BMB, its users and the public.
21. Entire Agreement. This Agreement constitutes the entire agreement between you and BMB and governs your use of the BMB Website or Service, superseding any prior agreements between you and BMB. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other BMB services, affiliate services, third party content or third party software.
22. Survival. The following paragraphs shall survive termination or your refusal to continue to use the Service: 6, 7, 8, 10, 11, 12, 13 and 16.
23. Statute of Limitations. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO USE OF THE SERVICE OR THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
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