Effective Date September 14, 2017
WELCOME TO BORROWIZE!
BY ACCESSING AND USING OUR PRODUCTS AND SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, PLEASE EXIT THE SITES, OR OTHER SERVICES IMMEDIATELY AND DO NOT USE THEM IN ANY WAY.
Hi there! We appreciate your use of our tools, products and services (collectively, the "Services"). The Services are provided by Borrowize Co., a California corporation ("Borrowize," "Borrowize.com," "we," "us" or "our").
Some of our Services are subject to additional terms and conditions ("Additional Terms"). For example, we may offer sweepstakes, contests or other promotions through the Services or through our representatives, which may be governed by separate rules, restrictions and eligibility requirements. You should read those Additional Terms carefully as well. If there is a conflict between the relevant Additional Terms and these terms, the Additional Terms will control.
We may modify these terms or any Additional Terms that apply to a particular Service at any time. Any changes will be effective upon posting. We will post notice on this page of modifications that we make to these terms. By continuing to use the Services following any modification to these terms, you agree to the terms as modified.
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether, and we may terminate, suspend, change, or restrict access to all or any part of the Services, in each case without notice or liability.
We encourage you to use our Services to interact with other consumers and Borrowize members. We may provide you and others with the opportunity, through forums, blogs, message boards, review pages or other communication functionality to submit to us certain content and materials ("User Content") for display, distribution or publication on the Services. By using the Services, you agree to the Restrictions of Use, below.
By submitting, posting or displaying User Content on or through the Services, you grant to Borrowize a non-exclusive, transferable, unlimited, worldwide, irrevocable, sub-licensable and royalty-free license to publish, host, copy, distribute, modify, create derivative works from, reproduce, display, perform, transmit, process or otherwise use in any manner whatsoever and in all formats or distribution methods now known or developed hereafter, all or any portion of your User Content for the purposes of providing, optimizing, improving and promoting our Services. You agree this license includes the right to use your name, persona and likeness included in any User Content in connection with delivering the Services, without any obligation or compensation to you. You further agree this license includes the right for Borrowize to publish your User Content in a searchable format that may be accessed by other users of the Services.
You agree to abide by all applicable laws and regulations in your use of the Service. In addition, you agree that you will not do any of the following:
The offers that appear on the Borrowize website are from companies from which Borrowize.com receives compensation. This compensation may influence the selection, appearance, and order of appearance of the offers listed on the website. However, this compensation also facilitates the provision by Borrowize.com of certain services to you at no charge. The website does not include all financial services companies or all of their available product and service offerings.
The technology we use to provide you with offers for financial products and services is proprietary and, in finding those offers for you, we may elect to consider, ignore, emphasize, or de-emphasize relevant factors in our sole discretion. We do not guarantee that you will be presented with offers for any particular types of products or services or that you will meet the approval criteria for any particular offer.
We may use the information you provide Borrowize and other data we have on available offers for financial products or services to estimate how you might save money through one of the financial products or services available through our Services.
Any estimate we provide you of possible savings and other information is for illustration purposes only. Our estimates are based on certain assumptions and use only the data we have, and are neither endorsed by, nor commissioned by, any of our marketing partners. We do not warrant or guarantee the accuracy, adequacy, timeliness, reliability, completeness or usefulness of any estimates we provide, and we disclaim all liability for any errors or omissions in any such estimates.
We hold or license all necessary intellectual property rights pertaining to the content and materials used in the Services (the "Content"), including, without limitation, the copyright to all Content and the trademarks or service marks to company, product, and service names and logos used and displayed on the Services, including, without limitation, Borrowize (including the Borrowize logo), Borrowize.com, and all related logos (all such trademarks or service marks, the "Borrowize Trademarks"). The Content and Borrowize Trademarks are protected by U.S. and International intellectual property laws and treaties. You are permitted to use the Content only on the Services and you may not copy, reproduce, distribute, republish, display, post or transmit in any form (including, without limitation, linking to or mirroring) the Content or Borrowize Trademarks without our express prior written consent. The Content and the Borrowize Trademarks are and will remain the property of Borrowize or its licensors. You may not modify, sell, transfer or create derivative works based on any Content or Borrowize Trademarks, in whole or in part. You may not reverse engineer or reverse compile any of our Services or the Services’ technologies.
The Services may also display company, product, and service name and logos that are trademarks or service marks owned by our business or marketing partners ("Partner Trademarks"). Nothing in the Services grants you, by implication, estoppel, or otherwise, any license or right to use copy, display, distribute, modify, or reproduce any of the Borrowize Trademarks or Partner Trademarks.
You may not use the Services in any manner that infringes the rights of any third party. If you believe, in good faith, that any Content or User Content infringes your copyrights, notice of claimed copyright infringement should be sent to our legal department at [email protected] or by regular mail at Borrowize Co., 9350 Wilshire Boulevard, Suite 203, Beverly Hills, California 90212, Attention: Legal Department. In connection with any such claim, we may request additional information before we remove any infringing material.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
You are not permitted to access or use the Services in any jurisdiction or country where such access or use would be contrary to the law or regulation of that jurisdiction or which would subject us to the laws of, or any registration requirement with, such jurisdiction. We control and operate the Services from the United States and we make no representations or warranties that the information, products or services provided through the Services, or the Content, are appropriate for access or use in other jurisdictions.
We reserve the right to limit the availability of the Services or the provision of any Content to any person, geographic area, or jurisdiction, at any time and in our sole discretion.
Your use of the Services must comply with all applicable law. Unauthorized use of the Services, including but not limited to, unauthorized entry into Borrowize's systems, misuse of emails, or misuse of any information available through the Services, is strictly prohibited. Any person attempting to access any of the Services without authorization may be subject to prosecution.
There may be links within the Services, or communications you receive through the Services, to third party sites or applications or our Services may include third party content that we do not control, maintain or endorse (all such sites or applications and third party content, collectively "Third Party Content"). In no event shall Borrowize be liable to anyone for Third Party Content, including, 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. The entire risk as to the accuracy, adequacy, completeness, currentness, validity and quality of any information is with the user.
Nothing on this 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.
Your correspondence and business dealings with third parties, including with respect to the financial products or services offered by such third parties, and any terms, conditions, policies, representations or warranties associated with such business dealings, are solely between you and the third party. You should review all of the relevant terms, conditions, policies, representations or warranties associated with such Third Party Content, including any privacy policies and terms of service that may be on a third party site or application that you visit or use. We disclaim any harm, including, without limitation, harm related to your personal information, that may arise out of or relate to your access to or use of Third Party Content, including Third Party Content that is available on or through our Services.
USE OF THE SERVICES, THE CONTENT AND ANY MATERIALS OBTAINED THROUGH YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. BORROWIZE MAY DISCONTINUE OR MAKE CHANGES IN THE SERVICES OR THE CONTENT AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU OR ANY THIRD PARTY. NONE OF BORROWIZE OR ANY OF OUR AFFILIATES, REPRESENTATIVES, AGENTS, OR SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AGENTS, VENDORS, INDEPENDENT CONTRACTORS, LICENSORS OR REPRESENTATIVES (COLLECTIVELY, THE "BORROWIZE PARTIES") UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY CONTENT OR OTHER INFORMATION PUBLISHED THROUGH THE SERVICES.
WE PROVIDE THE SERVICES AND CONTENT "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS," AND NEITHER WE NOR THE BORROWIZE PARTIES MAKE ANY WARRANTIES ABOUT THE RELIABILITY, ACCURACY OR USEFULNESS OF THE CONTENT OR THE SERVICES, USER CONTENT, OR SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO OR FROM BORROWIZE OR VIA THE SERVICES. THE BORROWIZE PARTIES FURTHER MAKE NO REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE QUALITY OF ANY OF THE CONTENT, THE SERVICES, THE INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (iv) ANY ERRORS IN TECHNOLOGY WILL BE CORRECTED.
FURTHER, THE BORROWIZE PARTIES DISCLAIM ALL OTHER WARRANTIES RELATING TO THE SERVICES OR THE CONTENT, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT SUCH WARRANTIES ARE REQUIRED BY APPLICABLE LAW.
BORROWIZE IS NOT A LENDER. THE INFORMATION PROVIDED BY YOU TO BORROWIZE IS NOT AN APPLICATION FOR A LOAN, NOR IS IT USED TO PRE-QUALIY YOU WITH AND LENDER OR BROKER. IF YOU ARE CONTACTED BY A LENDER OR BROKER THAT ADVERTIZES WITH BORROWIZE AND YOU/OR YOU SUBMIT A LOAN APPLICATION TO SUCH LENDER OR BROKER, YOUR INFORMATION REMAINS BETWEEN YOU AND THE LENDER OR BROKER.
YOU ACKNOWLEDGE THAT BORROWIZE IS SOLELY AN INTERMEDIARY BETWEEN (I) YOU AND THE LENDER(S) OR OTHER INFORMATION PROVIDERS ACTUALLY FURNISHING YOUR LOAN, CREDIT PRODUCT AND OTHER INFORMATION, AND (II) YOU AND OUR MARKETING PARTNERS FOR WHOM WE DISPLAY OFFERS FOR FINANCIAL PRODUCTS AND SERVICES. YOU ALSO ACKNOWLEDGE THAT, THE ANALYSES AND TOOLS AVAILABLE THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE COMPARE LOANS FUNCTION AND COMPARE CARDS FUNCTION, ARE BASED ON ASSUMPTIONS AND SUBJECT TO THE LIMITATIONS DISCLOSED WITH RESPECT TO EACH SUCH ANALYSIS OR TOOL.
THE BORROWIZE PARTIES EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE INACCURACY, DELAYS, INCOMPLETENESS OF ANY SUCH LOAN INFORMATION OR TRANSMISSION, ANALYSIS OF RELATED INFORMATION, SAVINGS ESTIMATES, APPROVAL ODDS, OTHER INFORMATION, TOOLS OR ANALYSES AVAILABLE THROUGH THE SERVICES OR THE CONTENT; THE AVAILABILITY OR LEGALITY OF ANY OF THE OFFERS FROM OUR MARKETING PARTNERS; OR ANY TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE ENTIRE RISK AS TO THE ACCURACY, ADEQUACY, COMPLETENESS, CURENTNESS, VALIDITY AND QUALITY OF ANY INFORMATION IS WITH THE USER.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE BORROWIZE PARTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION SHALL AFFECT WARRANTIES, WHICH ARE INCAPABLE OF EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.
UNDER NO CIRCUMSTANCES WILL THE BORROWIZE PARTIES BE LIABLE FOR ANY LOSS OR DAMAGES INCLUDING, WITHOUT LIMITATION, GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES (SUCH AS LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF THE BORROWIZE PARTIES, OR REPRESENTATIVES THEREOF, ARE OR WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES, ARISING OUT OF OR RELATING IN ANY WAY TO: (A) ANY PARTY’S USE OR INABILITY TO USE THE SERVICES, THE CONTENT, OR ANY THIRD-PARTY SITE TO WHICH THE SERVICES OR CONTENT LINK; (B) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (C) THE COST OF GETTING SUBSTITUTE GOODS OR SERVICES; (D) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICES; (E) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (F) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES; (G) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY SITE; OR (H) ANY OTHER MATTER ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, THE CONTENT OR USER CONTENT. THE BORROWIZE PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR THE CONTENT IS TO DISCONTINUE USING THE SERVICES OR ACCESSING THE CONTENT AND, IF YOU HAVE SIGNED UP FOR ANY EMAIL SERVICES, TO "UNSUBSCRIBE" BY FOLLOWING THE INSTRUCTIONS IN EACH EMAIL.
IN NO EVENT WILL THE BORROWIZE PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER EXCEED TEN UNITED STATES DOLLARS ($10.00 USD).
WAIVER OF UNKNOWN CLAIMS. BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: "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," AND, TO THE EXTENT APPLICABLE, CORRESPONDING RIGHTS UNDER ANY SIMILAR LAW OF ANY STATE.
IF ANY OF THE FOREGOING LIMITATIONS ARE FOUND TO BE INVALID, THE BORROWIZE PARTIES' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Borrowize has the right, but not the obligation, to monitor the Services electronically. We may access, use, preserve, transfer and disclose any information (including Personal Information) to: (i) satisfy any applicable law, regulation, subpoenas, governmental requests or legal process if in our good faith opinion such action is required or permitted by law; (ii) enforce these terms, including investigation of potential violations thereof; (iii) protect the safety, rights, property or security of our Services or equipment or any third party; or (iv) detect, prevent or otherwise address fraud, security or technical issues. Any such access, use, preservation, transfer or disclosure may be carried out without notice to you at any time.
The laws of the State of California, excluding the conflicts of law provisions thereof, will apply to any disputes arising out of or in any way related to these terms or the Services. All claims arising out of or in any way related to these terms or the Services will be litigated exclusively in a federal or state court of competent jurisdiction in Los Angeles County, California, and you and Borrowize submit to personal jurisdiction in those courts. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to your use of this Site or the Content must be filed within one year after such claim or cause of action arose or be forever barred.
NO CLASS ACTIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION YOU MAKE AGAINST BORROWIZE OR THE BORROWIZE PARTIES ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY RELATED TO THE SERVICES WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
These terms, as may be amended from time to time, are effective until you or you and Borrowize discontinue your use of the Services.
Any section of the terms that by its nature is intended to survive termination of this Agreement or your use or access to the Services or the Content shall survive such termination.
You agree to defend (if requested by the Borrowize Parties), indemnify and hold harmless the Borrowize Parties from and against any and all claims, losses, expenses, demands or liabilities, including attorneys' fees and costs, incurred by the Borrowize Parties in connection with any claim by a third party arising out of or in any way related to: (A) your use of the Services or the Content; (B) your violation or alleged violation of the terms, including, without limitation, your violation or alleged violation of any applicable law; or (C) your infringement or alleged infringement of any intellectual property or other right of any other person or entity. You shall not in any event settle any such claim or matter without the prior written consent of Borrowize. The Borrowize Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.
If you have questions regarding the terms or the practices of Borrowize, please contact us by email at [email protected] or by regular mail at Borrowize Co., 9350 Wilshire Boulevard, Suite 203, Beverly Hills, California 90212, Attention: Legal Department.
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