Compare.com Terms of Use
March 20th, 2006Acceptance of Terms of Use
These Terms of Use govern your use of the Compare.com service and Web site. By using, visiting, or browsing the Compare.com Web site, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the Compare.com service or Web site.
These Terms of Use are an ongoing contract between you and Compare.com and apply to your use of the Compare.com service and Web site. These Terms of Use affect your rights and you should read them carefully.
Changes to Terms of Use
Compare.com reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" located at the bottom of the pages of the Compare.com Web site. The most current version of the Terms of Use will supersede all previous versions. Your use of the Compare.com Web site or continued use of our service after changes are made means that you agree to be bound by such changes.
Privacy
Any information submitted on the Compare.com Web site is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of our Privacy Policy.
The Compare.com Website is not targeted towards, nor intended for use by anyone under the age of 18. By using the Compare.com Website, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not use, access or register for the Compare.com Website. We reserve the right to terminate your membership in the event that Shopping.com becomes aware you are under 18.
Comparison Shopping:
Compare.com is an online comparison shopping service providing its members and guests with access to a comprehensive selection of products from various retailers throughout the internet. We aggregate pricing and availability from participants on our network and through third-party content. While we try our best to be as accurate as possible, sometimes information or data may not be completely accurate. In these instances, you must follow up with the actual retailer for specific pricing, availability terms. Compare.com is not responsible for typos, misprints or mispricing on specific products from the retailer. Compare.com does not endorse user reviews or opinions for products.
Mortgage loan requests:
Compare.com is not a lender or mortgage broker and does not make loans or obtain your credit report. Compare.com does not make credit decisions in connection with loans. You agree that all of the information you will provide via the Compare.com loan request forms will be true, accurate and complete and does not misappropriated another's identity or misrepresent your relationship with any person or entity. You hereby authorize Compare.com to submit your loan request to up to four lenders/brokers. By completing an online loan request form on this Site you understand that the lenders/brokers may retain your loan request and/or application information, regardless of whether or not you qualified for a financial product with them. By submitting your contact request for a loan product, you are consenting to be contacted by one or more Providers either by telephone, email or mail based on the information you have provided to us, even even if you have previously listed yourself on any private, state or federal Do-Not-Call List. You understand that the Providers may maintain the information you submitted to Compare.com whether you elect to use their services or not. In the event you no longer want to receive communications from a Provider, you agree to notify the Provider directly. You also give Compare.com permission to send you periodic updates of current loan products which may be of interest to you.
The role of Compare.com.
Compare.com does not charge you a fee to use our services. Compare.com is paid a fee by the participating retailers, third-party marketers and lenders/brokers for the products and services provided. Your use of this Site constitutes your agreement with this form of compensation. Compare.com assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that you take based on the information, services or other material on this Site. While Compare.com makes every effort to ensure that all of the content on Compare.com is complete, up-to-date, readily available and clearly explained, Compare.com cannot guarantee that the Site will always be up or that its content will always be accurate. Compare.com will not be responsible for any loss or damage related to the accuracy, correctness or completeness of the information.
You agree that Compare.com does not make loan decisions and that all loan and credit decisions are solely made by the independent lenders/brokers that are participating on Compare.com. You further agree that Compare.com does not guarantee or promise that you will be offered a loan by any of our participating lenders/brokers. You acknowledge that nothing stated in these "Terms of Use" or on the Compare.com Web site shall constitute an offer or promise for a loan commitment or an interest rate lock agreement by Compare.com to you.
Limitation of Liability:
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. COMPARE.COM AND/OR ITS PARTICIPATING LENDERS/BROKERS 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 OF THIS SITE, WHETHER RESULTING IN WHOLE OR IN PART, EVEN IF COMPARE.COM HAS BEEN ADVISED OF THE POSSIBLITY OF DAMAGES. Some jurisdictions do not allow the disclaimer, exclusion or limitation of incidental or consequential damages, so the foregoing disclaimer, exclusion and limitation may not apply to you, and you may have other legal rights that vary according to jurisdiction. In no event will damages provided by law (if any) apply unless they are required to apply by statute, notwithstanding their exclusion by contract.
Website Accuracy:
It is the intent of Compare.com to ensure that all of the information contained on this Site is accurate and reliable. However, Compare.com does not guarantee the Compare.com Web site to be error free all of the time. Due to market fluctuations, interest rates are subject to change at any time and without notice. Compare.com reserves the right to change or discontinue at any time any aspect or feature of this Site. By your use of this Site, you agree to hold Compare.com and its participating lenders/brokers harmless due to any and all errors on the Site.
Copyright, Trademark and Servicemark Notices:
This Site is owned and operated by Compare.com. Unless otherwise specified, all materials appearing on this Site, including design, text, graphics, logs, images, icons, interfaces and selection, assembly and arrangement thereof are the sole property of Compare.comCompare.com and /or its suppliers, participating lenders and brokers. All rights reserved. Other product and company names noted herein, including but not limited to the names of participating lenders and brokers may be trademarks of their respective owners. Permission is granted to electronically copy and to print hard copy portions of this Site for the sole purpose of placing an inquiry or request with Compare.com for products or services on this Site. Any other use of materials on this Site, including but not limited to, reproduction for purposes other than those noted above, modifications, transmission, display, distribution, replication, creating derivative works from, and framing another Web page is strictly prohibited without the prior written permission of Compare.com.
Dispute Resolution and Venue:
By the use of this Compare.com Site you consent and agree to waive any rights you may have to trial by jury concerning any controversy, dispute, or cause of action ("Claims") arising out of or in connection with the provisions of this Agreement. Any such Claims which cannot be settled between us by mutual agreement shall be finally settled by arbitration in Los Angeles, California, in accordance with the rules of the American Arbitration Association. The arbitrator may enter a default decision against either of us if we fail to participate in the arbitration proceedings. The decision of the arbitrator on the points in dispute will be final, unappealable and binding, and judgment on the award may be entered in any court having jurisdiction thereof.
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. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of 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.
Applicable Law:
This Site (excluding linked sites) is controlled by Compare.com which is headquartered in the State of California, United States of America. This Site can be access from all 50 states and the District of Columbia, as well as other countries around the world. As each of these places has laws that may differ from those of California, by accessing this Site, both you and Compare.com agree that the statutes and laws of the State of California, without regard to conflicts of laws and principles thereof, will apply to all matters arising from or relating to the use of this Site. You agree that regardless of any statute to the contrary, any claim or cause of action arising out of or related to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Entire Agreement:
This Agreement constitutes the entire agreement between you and Compare.com and supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Compare.com with respect to this Site and any information associated with it. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers, liability limitations and the indemnification provision set forth above, 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 this Agreement shall continue in effect.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY COMPARE.COM.