Terms and Conditions

Updated June 10, 2019

USE OF THE RATESEARCH.NET WEB SITE (THE “WEB SITE”) CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE FOR THE WEB SITE AND ALL OF THE SERVICES OFFERED THROUGH THE WEB SITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE, YOU (ALSO REFERRED TO AS A “USER”) MUST NOT USE OR MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEB SITE AND THE SERVICES ACCESSIBLE BY YOU THROUGH YOUR USE OF THIS WEB SITE (HEREINAFTER REFERRED TO INDIVIDUALLY AND COLLECTIVELY AS THE “SERVICE”). PLEASE READ THESE TERMS & CONDITIONS. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. YOU AGREE THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

Do Not Disclose Information

Nothing submitted to this Web Site is treated as confidential. Because of the nature of the World Wide Web, any and all information provided through this Web Site and its Service is subject to interception by third parties. You acknowledge that disclosure of electronic communications sent through the Web Site and its Service may occur. Therefore, you should not disclose any privileged, confidential and/or specific information regarding matters for which you are using the Web Site or its Service. Specific information to avoid disclosing includes, by way of example only, names of persons, businesses, and specific facts that would readily identify the other parties involved in the legal issue or dispute. Users must describe their issue or dispute in general terms only. Specific information should only be revealed outside the scope of the Service after the User has selected an attorney and been in further contact outside the Web Site and the Service (e.g. via telephone or appointment).

Conflicts of Interest

You and the attorneys you contact via the Service are solely responsible for ensuring there are no conflicts of interest in any relationships that are formed after general contact is made via the Service.

Limited License and Permitted Uses

You are granted a non-exclusive, non-transferable, limited revocable license (1) to access and use the Web Site and its Service strictly in accordance with these Terms and Conditions of Use; (2) to use the Web Site and its Service solely for internal, personal, non-commercial purposes; and (3) to print out discrete information and search results from the Service solely for internal, personal, non-commercial purposes, provided that you maintain all copyright and other notices contained therein.

Restrictions and Prohibitions on Use

Your license to access and use the Web Site and its Service are subject to the following restrictions and prohibitions on use. You may not (1) copy, print (except for the express limited purpose permitted by the Limited License paragraph above), republish, display, transmit, distribute, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Web Site, Service or any information or materials retrieved there from; (2) use the Service or any other materials from the Web Site to develop, or as a component of, an information storage and retrieval system, database, InfoBase, or similar information resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (3) create compilations or derivative works of the Service or any other materials from the Web Site; (4) use the Service or any other materials from the Web Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of Provider or any third parties; (5) remove, change, or obscure any copyright notice or other proprietary notice or terms of use contained in the Web Site; (6) make any portion of the Web Site or Service available through any timesharing system, service bureau, the Internet, or any other technology now existing or developed in the future; (7) remove, disable, defeat or change any functionality or appearance of the Web Site; (8) decompile, disassemble or reverse engineer any Web Site software or use any network monitoring or discovery software to determine the site architecture; (9) use any automatic or manual process to harvest information from the Web Site; (10) use the Web Site or Service for the purpose of gathering information for or transmitting (a) unsolicited commercial email; (b) email that makes use of Provider’s name or trademarks, including in connection with invalid or forged headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (c) unsolicited telephone calls or facsimile transmissions; (11) use the Web Site or Service in a manner that violates any state or federal law regulating commercial email, facsimile transmissions or telephone solicitations; and (12) export or re-export the Web Site or any portion thereof, or any software available on or through the Web Site, in violation of the export control laws and regulations of the United States.

Intellectual Property Rights

Except for the limited license contained in the Limited License paragraph above, nothing in these Terms and Conditions of Use grants or should be construed to grant any licenses or rights, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that all right, title and interest (including all copyrights, trademarks, service marks, patents and other intellectual property rights) in this Web Site, its Service and their content and any software used in connection with the Web Site and the Service are owned by Provider, its licensors, or Subscribers, as applicable. Except as expressly authorized by Provider, you agree not to modify, sell, distribute or create derivative works based on the Web Site, its Service, or any related software, in whole or part. For further information, see Copyright.

Non-Solicitation

You shall not distribute to any persons or entities identified via the Web Site or its Service any content or material containing solicitations or advertising of any kind without the express prior written permission of the Provider.

Submission of Personally Identifiable Information

Certain sections of this Web Site may require you to register or submit personally identifiable information. If this is requested, you agree to provide Provider with accurate, complete information, using your real name and accurate information. Each registration or submission is for your personal use only, unless specifically designated otherwise on the page where the information is requested. For those sections of the Web Site requiring registration, if any, Provider does not permit (a) any other person to use the registered sections under your name; or b) access through a single name being made available to multiple users on a network. You are responsible for preventing unauthorized use. If you believe there has been unauthorized use, users must notify Provider immediately by emailing support@ratesearch.net

License of Content to Provider

By uploading content to or submitting any materials for use on the Web Site, you grant (or warrant that the owner of such rights has expressly granted) Provider a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. Third-party content may appear on this Web Site or may be accessible via links from this Web Site. Provider shall not be responsible for and assumes no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on the Web Site. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it reflect the belief of Provider. You agree to abide by any terms, conditions and intellectual property rights of such third parties.

Advertisers

This Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Web Site is accurate and complies with applicable laws. Provider will not be responsible for the illegality of or any error or inaccuracy in any advertiser’s or sponsor’s materials.

Representations and Warranties

You represent and warrant that (i) you will provide true, accurate and complete information as may be requested or required to use the Service; (ii) you will not permit third parties to use your email address, or use third parties’ email addresses, in connection with your use of the Service; (iii) you will not use the Service in any manner or for any purpose that violates any local, state, national, or international laws or regulations, or that infringes the intellectual property or privacy rights of others and (iv) you will not use the Service to transmit unsolicited commercial email or any information or materials that are unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise similarly objectionable as determined by Provider in its sole discretion.

Errors, Omissions, and Additions

Provider does not represent or warrant that the Web Site or its Services will be error-free, free of viruses or other harmful components, or that defects will be corrected. Provider does not warrant or represent that the information available on or through the Web Site will be correct, accurate, timely, or otherwise reliable. Provider may make improvements and/or changes to its features, functionality or content of the Web Site at any time and may add additional services to the website. All additional services shall be covered by these Terms and Conditions of Use as part of this Web Site.

Waiver and Release

You hereby waive, release, acquit and forever discharge any and all claims, demands, losses, injuries, liability, or damages of any kind and nature, against Provider, its parents, subsidiaries, affiliates, and its and their directors, officers, employees and agents, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of the Service, any disclosure of information resulting from your use of the Service, and any conflict of interest, ethical violation, or any alleged legal malpractice by any attorney you contact through the Service.

Indemnification

You are solely liable for any content, messages or other information you transmit, provide or upload to the Web Site. You agree to indemnify and hold Provider, its parents, subsidiaries, affiliates, officers, employees and agents, harmless from any claims, demands, actions, and judgments, including reasonable attorneys’ fees and costs, made by any third party, including a Subscriber, relating to or arising out of: (i) your use of the Web Site or its Service; (ii) any interaction or transaction between you and a Subscriber; (iii) your breach of these Terms and Conditions of Use; (iv) your violation of any rights of a third party.

Terms of Subscriptions

ratesearch.net reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. ratesearch.net shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

Termination

ratesearch.net may terminate your account without notice in the event that you breach any of these Terms and Conditions. Your cancellation will take effect immediately, and you will not be charged again. Such termination of the Services will result in the deactivation or deletion of your account or loss of your access to your account, and the forfeiture and relinquishment of all content in your account. ratesearch.net reserves the right to refuse service to anyone for any reason at any time.

Unlawful Activity

Provider reserves the right to investigate complaints or reported violations of our Terms and Conditions of Use and to take any action we deem appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

Governing Law

Our Agreement and Your use of our Site shall be construed, governed by and enforced under the substantive laws of the State of New Jersey applicable to parties’ resident in and contracts made, executed and wholly performed within the State of New Jersey. You submit to the jurisdiction of the State and Federal courts situated in Monmouth County, New Jersey, USA in all disputes arising out of or related to the use of the Site and You will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum, or otherwise. The Uniform Computer Information Transactions Act does not apply to our Agreement. YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY IN CONNECTION WITH ANY ACTION OR PROCEEDING ARISING UNDER THE AGREEMENT OR YOUR USE OF OUR SITE.

DISCLAIMERS AND LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ratesearch.net EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF QUALITY, AVAILABILITY, HIDDEN DEFECTS, TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO GUARANTEE OR ASSURANCE THAT OUR SITE IS ACCURATE, TIMELY, COMPLETE OR ERROR FREE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ratesearch.net IS NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR OTHER INDIRECT DAMAGES, REGARDLESS OF HOW CAUSED, THEORY OF LIABILITY, OR WHETHER WE (OR OUR LICENSORS OR SUPPLIERS) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY AND OUR LICENSORS AND SUPPLIERS ARISING OUT OF THIS AGREEMENT IS LIMITED TO $100. THIS AGREEMENT DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER. HOWEVER, WE SHALL BE ENTITLED TO THE MAXIMUM LIMITATIONS AND EXCLUSIONS PERMITTED, AND IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100).

Privacy

Your use of the Web Site is also subject to Provider’s Privacy Policy, which you link to by clicking here: Privacy Policy.

Modifications to Terms of Use

Provider reserves the right to change these Terms and Conditions of Use at any time. Updated versions of the Terms and Conditions of Use will appear on this Web Site and are effective immediately. You are responsible for regularly reviewing the Terms and Conditions of Use. Continued use of the Web Site after any such changes constitutes your consent to such changes.

Severability of Provisions

These Terms and Conditions of Use incorporate by reference all notices and disclaimers contained on the Web Site and constitute the entire agreement between you and Provider with respect to access to and use of the Web Site. If any provision of these Terms and Conditions of Use is found unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

Non-Assignment

These Terms and Conditions of Use are not assignable or transferable and may not be sublicensed by you without Provider’s prior written consent. Provider may assign this Agreement in whole or in part. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions of Use.

Arbitration Agreement

Any dispute or claim relating in any way to your use of this website, including any related calls, texts, or other communications, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. This includes claims against our clients, vendors, and Marketing Partners, which are third party beneficiaries of this arbitration agreement. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these terms as a court would.

The arbitration may be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.