General Terms
Date of Last Revision: June 29, 2026.
Welcome to our website ("mortgageratesnap.com" or "Website").
Your use of this Website and MRS's other products, software, services, and servers (referred to collectively as our "Service") is subject to the terms and conditions of this General Terms Agreement ("Agreement"), which is binding and enforceable between you and MRS, as defined herein.
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Introduction.
When you access this Website or otherwise use our Service, you agree to be bound by this Agreement which governs your relationship with mortgageratesnap.com LLC, a Arizona Limited Liability Company whose principal place of business is located at 2 Ponds Edge Drive, Chadds Ford, PA 19317 (collectively "MRS" or "us" or "our" or "we"). MRS is the owner and operator of this Website. For the purposes of the Agreement, "you" means, depending on the context: an individual member of the consuming public that is using our Service to search for competitive mortgage rates on the Internet; if such individual is using the Service on behalf of an entity or organization, then such entity or organization (and each of its successors and assigns); or the business entity whose individual authorized agent is registering as a Lender on our Service. The terms and conditions provided in the Agreement apply to all users of our Service, including mortgage lenders that register on our Service as a Lender ("Registered Users") and individual consumers part of the public at large ("Users").By using our Service, you acknowledge and agree that you have fully read and agree to be bound by the provisions of this Agreement. If you do not agree to be bound by this Agreement in its entirety, then you must immediately stop accessing or otherwise using our Service. PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING A USER'S LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. IT ALSO CLEARLY SPECIFIES THE MANNER BY WHICH ACCEPTANCE OF THIS AGREEMENT OCCURS. THE LIMITATIONS AND EXCLUSIONS CONTAINED HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND MRS .MANDATORY ARBITRATION NOTICE AND CLASS ACTION AND JURY TRIAL WAIVER. This Agreement contains a mandatory (binding) arbitration provision and class action and jury trial waiver clauses. Except for certain types of disputes described in the arbitration section below or where prohibited by applicable law, you agree that disputes between you and us regarding your use of the Service will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration, including as a class representative. The arbitrator's decision will be subject to very limited review by a court. You will be entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in Court. For more details, see below. Privacy Policy. Besides this Agreement, we also publish a Privacy Policy. Although it is not part of this Agreement, we encourage you to read the Privacy Policy to better understand how you can update, manage, access, and delete your information. For Registered Users: If you are a Network Participant or Registered User that has entered into a separate written agreement with MRS (including the MRS Network Participant Marketing Services Agreement), that agreement supplements and controls over these General Terms in the event of any conflict. These General Terms continue to apply to any use of MRS’s websites, portals, or systems not expressly governed by that separate agreement. -
Our Service
- This Agreement, including all terms incorporated by reference, governs your access to and use of the Service and constitutes the minimum terms and conditions applicable to such use.
- For Registered Users, the term “Agreement” refers to any separate written agreement entered into between a Registered User and MRS that incorporates this Agreement by reference. In the event of any conflict between such agreements, the separate written agreement shall control with respect to Registered Users.
- The Service includes all pages located on the domain www.mortgageratesnap.com and any related subdomains, as well as any other websites or digital properties operated by MRS, all of which are subject to this Agreement.
- MRS provides marketing and lead generation services designed to collect and transmit user-submitted information to independent third-party mortgage lenders participating in MRS’s network.
- MRS operates solely as a technology and marketing intermediary and does not itself originate, offer, broker, underwrite, approve, or fund mortgage loans, nor does it provide mortgage rate quotes or credit decisions.
- Any information submitted through the Service is forwarded to participating lenders based on the criteria provided by the user, and any subsequent communication, offers, or transactions are solely between the user and such third-party lenders.
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Modifications
- MRS reserves the right, in its sole discretion, to modify, update, or revise the Service and/or this Agreement at any time, with or without prior notice.
- The “Date of Last Revision” will be indicated at the top of this Agreement to reflect the most recent update.
- Except as otherwise required by law (including changes to any mandatory arbitration provisions), you waive any right to receive specific notice of changes to this Agreement.
- Your continued access to or use of the Service after any modifications are posted constitutes your acceptance of such changes.
- You are responsible for reviewing this Agreement periodically to remain informed of any updates.
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Eligibility Requirements
- MRS requires strict compliance with the following eligibility requirements (“Eligibility”). By accessing or using the Service, you represent and warrant that you meet these requirements.
- The Service is intended solely for use by individuals who are legal residents of the United States and who are at least eighteen (18) years of age or the age of majority in their jurisdiction, whichever is greater.
- Access to and use of the Service is void where prohibited by law.
- MRS reserves the right to refuse, restrict, or terminate access to the Service for any user who does not meet the Eligibility requirements, or who MRS reasonably believes may not meet such requirements.
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Lender Networks.
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Lender Network
- All lenders that participate in MRS’s network (“Lenders”) are third-party entities that independently choose to receive consumer information through the Service. Lenders are not employees, agents, or representatives of MRS.
- MRS is not required to maintain or publicly disclose a complete or current list of participating Lenders. The composition of the Lender network may change at any time without notice, and Lenders may be added or removed in MRS’s sole discretion or in the discretion of the applicable Lender.
- By using the Service, you acknowledge and agree that your information may be transmitted to one or more participating Lenders based on your Submission and the operational configuration of the Service at the time of submission.
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Marketplace Intermediary
- MRS operates solely as a marketing lead generation service. MRS does not advertise, display, offer, negotiate, or otherwise provide mortgage rates, loan terms, or credit products.
- MRS is not a lender, mortgage broker, mortgage loan originator, or financial advisor, and does not take or assist in taking loan applications, make credit decisions, obtain credit reports, or issue loan approvals, pre-approvals, or commitments of any kind.
- MRS collects information that you voluntarily submit (“Submission”) and transmits such information to one or more third-party Lenders within the Lender network, based on the information provided in your Submission and the routing logic of the Service.
- All mortgage products, rates, terms, and offers are created, determined, and issued exclusively by the applicable Lender. MRS does not endorse, recommend, evaluate, or guarantee any Lender or any product or service offered by any Lender.
- MRS is not a party to any transaction that may occur between you and any Lender and does not participate in, control, or influence any aspect of such transactions.
- By submitting your information, you acknowledge and agree that any contact, communication, or offer you receive from a Lender is provided independently by such Lender and is based on your Submission and the Lender’s own underwriting, eligibility, and business criteria.
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Limited License.
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- All content available on the Service, including without limitation all designs, text, graphics, logos, icons, documents, services, images, video, audio, software, applications, code, metadata, files, and the selection and arrangement thereof (collectively, the “Information”), is owned by or licensed to MRS and is protected by applicable intellectual property laws. All rights are reserved.
- Subject to your compliance with this Agreement and the Eligibility requirements, MRS grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Service and the Information solely for personal, non-commercial use. You may download and print a reasonable number of copies of the Information solely for such permitted use, provided that you do not remove or alter any copyright, trademark, or proprietary notices.
- You may not reproduce, distribute, publish, display, transmit, or otherwise make available any Information on any website, platform, database, or compilation, whether public or private, without prior written consent from MRS.
- Except as expressly permitted in this Agreement, you may not use the Information for any commercial purpose. This includes, without limitation, using the Information in connection with the development, training, or operation of any artificial intelligence system, machine learning model, data analytics tool, or similar technology.
- You further agree that you will not, without prior written consent from MRS, copy, reproduce, modify, create derivative works from, imitate, frame, mirror, or otherwise exploit any portion of the Service or Information, including any trademarks, service marks, trade dress, logos, graphics, text, or other proprietary content, in any manner that could cause confusion or imply affiliation, sponsorship, or endorsement.
- You may not use meta tags, hidden text, or any other method utilizing MRS’s name, trademarks, or proprietary identifiers without express written permission.
- Except as expressly set forth in this Agreement or in a separate written agreement with MRS, nothing in this Agreement shall be construed as granting any license or rights in or to any intellectual property owned by MRS or any third party.
- This limited license is revocable at any time, with or without notice and with or without cause. Upon any termination of this license or breach of this Agreement, you must immediately cease use of the Service and destroy any downloaded or printed materials in your possession.
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Transmissions and User Content
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“Transmissions” means any information or communications you provide to MRS through the Service, including but not limited to Submissions, forms, questions, comments, feedback, ideas, suggestions, messages, emails, telephone calls, postings, or any other content or communication, whether written or oral, related to the Service.
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You acknowledge and agree that Transmissions are non-confidential and non-proprietary, and may be viewed, processed, or accessed by MRS and third parties as necessary for the operation of the Service.
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MRS may, but is not obligated to, monitor, review, edit, or remove any Transmissions at its sole discretion, including any content that violates this Agreement or applicable law.
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By submitting Transmissions, you consent to MRS collecting, using, storing, and processing such information for the purpose of operating, maintaining, and providing the Service, including the generation and distribution of marketing leads to third-party mortgage lenders.
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You acknowledge and agree that your interaction with MRS is strictly at arm’s length and does not create any fiduciary, agency, or special relationship. You further acknowledge that you are not relying on MRS to act in your interest.
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You grant MRS a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your Transmissions in any form, for purposes of operating, improving, marketing, and providing the Service, and for other lawful business purposes.
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You waive any moral rights in your Transmissions to the fullest extent permitted by law, and acknowledge that no compensation will be paid for the use of your Transmissions by MRS or its partners.
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You represent and warrant that you own or otherwise control all rights necessary to submit your Transmissions and grant the rights described in this section, and that your Transmissions do not violate any applicable law or third-party rights.
User Contributions Guidelines
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The Service may allow users to submit content such as reviews, comments, or other contributions (“User Contributions”). All User Contributions must comply with applicable laws and regulations.
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User Contributions must not include content that:
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Is Defamatory, obscene, abusive, harassing, violent, hateful, or otherwise objectionable
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Promotes discrimination or illegal activity
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Infringes intellectual property, privacy, or other legal rights
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Is False, misleading, or deceptive
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Contains spam, advertising, or unauthorized commercial solicitation
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Impersonates any person or misrepresents identity or affiliation
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Gives the impression of endorsement by MRS where none exists
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User Contributions are non-confidential and may be used by MRS for any lawful business purpose related to the Service.
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By submitting User Contributions, you grant MRS and its affiliates, service providers, and licensees the right to use, reproduce, modify, distribute, display, and otherwise utilize such content in connection with the Service and related business operations.
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You are solely responsible for your User Contributions, including their legality, accuracy, and content. MRS assumes no responsibility or liability for user-generated content.
Rights of MRS
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MRS reserves the right, in its sole discretion, to:
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Remove or refuse to publish any User Contributions for any reason or no reason
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Take any action necessary to enforce this Agreement or protect the Service
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Disclose user information where required by law, regulation, or legal process
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Report unlawful activity to law enforcement
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Suspend or terminate access to the Service at any time
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You waive and agree to hold harmless MRS and its affiliates, employees, agents, and service providers from any claims arising out of actions taken in connection with enforcement of this Agreement or legal compliance.
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MRS does not review all Transmissions or User Contributions prior to submission and does not guarantee removal of objectionable content. MRS is not liable for any user-generated content or third-party communications.
Third-Party Communications
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By submitting Transmissions or User Contributions, you acknowledge and agree that MRS and its service providers may contact you regarding administrative purposes, including follow-up related to your Submission or communication history.
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Indemnification
- You agree to defend, indemnify, and hold harmless MRS, its parents, subsidiaries, affiliates, officers, agents, employees, suppliers, and their respective affiliates and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or relating to your use of the Service, including but not limited to: (a) your Submissions to the Service or any Transmissions (including User Contributions); (b) your breach or alleged breach of this Agreement; or (c) your violation or alleged violation of any intellectual property right or other right of any person or entity.
- MRS reserves the right, at its sole discretion, to assume exclusive defense and control of any matter otherwise subject to indemnification by you. In such event, you agree to cooperate with MRS in the defense of such matter, and your indemnification obligations shall remain in full force and effect.
- MRS acknowledges and agrees that indemnification obligations under this Section are limited to acts, omissions, or conduct that are directly or indirectly under your control in connection with your use of, or inability to use, the Service, and do not extend beyond such scope.
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Limitations of liability
- MRS does not guarantee that the Service will be available at all times. The Service may be subject to interruptions, delays, or outages inherent in the use of the Internet and electronic communications networks. While MRS strives to provide a reliable Service, MRS disclaims any liability for damages arising from any interruption or unavailability of the Service.
- In no event shall MRS be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of, or inability to use, the Service. This includes, without limitation, damages for loss of profits, loss of data, loss of use, business interruption, or other intangible losses, even if MRS has been advised of the possibility of such damages.
- MRS shall not be liable for any damages or losses resulting from theft, delays, omissions, interruptions, deletion of files, errors, defects, viruses, failures of performance, destruction, or unauthorized access to or alteration of your transmissions or data.
- To the fullest extent permitted by applicable law, MRS’s total liability to you for any claim arising out of or relating to the Service shall not exceed One Hundred Dollars ($100.00 USD).
- Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, some of the above limitations may not apply to you.
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Disclaimer
- The Service and all information provided through the Service are provided on an “as is” and “as available” basis. MRS makes no representations or warranties of any kind, express or implied, regarding the Service or any information provided through the Service.
- MRS expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
- By using or attempting to use the Service, you acknowledge and agree that:
- The information provided may contain technical inaccuracies, errors, or typographical mistakes;
- MRS does not guarantee the accuracy, completeness, reliability, or timeliness of any information;
- The Service may contain errors, bugs, viruses, or other harmful components, and MRS does not guarantee uninterrupted or error-free operation.
- MRS may modify, update, or remove any portion of the Service, including content, features, or functionality, at any time without prior notice, except as otherwise required under this Agreement.
- Unless expressly stated otherwise in writing, any reference to third-party products, services, processes, or information does not constitute or imply endorsement, sponsorship, or recommendation by MRS.
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Links
- The Service may include hyperlinks to third-party websites that are not owned, operated, or controlled by MRS. MRS has no control over, and assumes no responsibility for, the content, policies, or practices of any third-party websites.
- MRS makes no representations, warranties, recommendations, or endorsements, express or implied, regarding any third-party websites, including without limitation any loan offers, rates, services, or other content made available through such websites.
- You acknowledge and agree that your use of any third-party websites is at your own risk and is subject to the terms, conditions, and privacy policies of those third-party websites.
- To the fullest extent permitted by law, you waive any and all claims against MRS arising out of or relating to your use of or reliance on any third-party websites accessed through links on the Service.
- The inclusion of any link does not imply endorsement, sponsorship, or affiliation by MRS with the linked website or its operators.
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Intellectual Property Rights of Third Parties
1. MRS respects the intellectual property rights of others and expects all users of the Service to do the same. Users are prohibited from uploading, posting, transmitting, or otherwise making available any content through the Service that infringes or misappropriates any third party’s intellectual property rights.
2. You acknowledge and agree that any such infringement may result in the application of the indemnification provisions set forth in this Agreement. MRS reserves the right, upon receipt of proper notice and in accordance with applicable law, to investigate and take appropriate action, including the termination of any user account found to be in violation of this policy.
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Trademark
1. All trademarks, service marks, and logos used on the Service are the property of their respective owners and may not be used without the appropriate authorization.
2. Whether or not specifically designated as such, mortgageratesnap.com, along with all related names, designs, colors, graphics, logos, sounds, images, icons, and buttons displayed on the Service, are or may be trademarks or trade dress of MRS, its affiliates, or Registered Users.
3. Except with the prior written consent of MRS, you may not copy, reproduce, imitate, modify, or otherwise use any of these marks or identifying elements in any manner.
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User Conduct Restrictions: Impermissible Use and Activities
- You agree not to use the Service in any manner that: (a) is unlawful, threatening, or abusive; (b) encourages or facilitates criminal activity or conduct that would give rise to civil liability or violate any applicable local, state, federal, or international law; (c) transmits or submits false, misleading, or fraudulent information; (d) interferes with or impairs the operation of the Service or any other user’s access to or use of the Service; (e) transmits or uploads any violent, obscene, sexually explicit, discriminatory, hateful, harassing, defamatory, libelous, abusive, offensive, or otherwise unlawful or objectionable content or imagery; (f) introduces viruses, malware, or any other harmful code; (g) sends unsolicited communications, including spam, advertising, solicitations, schemes, or bulk messages; (h) harvests or collects email addresses, contact information, or any other data from the Service without authorization; (i) modifies, disrupts, or alters the Service or any content displayed on the Service; (j) attempts to gain unauthorized access to any systems, networks, or accounts related to the Service; (k) interferes with or induces a breach of contractual or employment relationships involving MRS; (l) implies an affiliation with or endorsement by MRS without prior written consent; (m) harms, dilutes, or damages the reputation or goodwill of MRS or its affiliates; or (n) transmits or uploads any confidential, proprietary, or trade secret information without authorization.
- You further agree not to engage in any of the following activities through the Service: (a) submitting, posting, storing, or sharing content that you do not own or do not have legal rights to use; (b) creating multiple accounts or registering accounts on behalf of others; (c) impersonating any person or entity or misrepresenting your affiliation with any person or organization; (d) engaging in spam or spam-like behavior; or (e) engaging in conduct that may reasonably cause harm to MRS, the Service, other users, Registered Users, or the public.
- MRS has no obligation to monitor the Service but reserves the right to do so at its discretion. The prohibited activities listed in this section are illustrative and not exhaustive.
- MRS may terminate or suspend access to the Service at any time, with or without notice or cause, for any reason, including any conduct that MRS determines is inappropriate, disruptive, or in violation of this Agreement.
- MRS may report any suspected illegal activity to law enforcement authorities and may cooperate with investigations as required or permitted by law, including by disclosing relevant user information.
- MRS may also disclose information as necessary to operate, maintain, improve, or protect the Service, its users, Registered Users, or as otherwise permitted by law.
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Copyright Complaints.
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information:- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- Description of the copyrighted work that you claim has been infringed;
- The location on the Website of the material that you claim is infringing;
- Your address, telephone number and e-mail address;
- A statement that your claim of infringement is based on a good faith belief; and
- A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Attn: Legal Department
3883 E Santa Fe Lane
Gilbert AZ, 85297
Phone number: 1 406-404-5205
mortgageratesnap@gmail.com -
Governing Law
- This Agreement shall be governed by and construed in accordance with the laws of the State of Pennsylvania, United States of America, without regard to its conflict of laws principles.
- Except for disputes subject to arbitration as set forth in this Agreement, any action arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in the State of Pennsylvania, with venue in Delaware County or the nearest appropriate jurisdiction.
- You irrevocably consent and submit to the exclusive jurisdiction of such courts for the purpose of litigating any such claims, except where otherwise required by applicable law.
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Mandatory Arbitration and Class Action and Jury Trial Waiver.
Most concerns can be resolved quickly and to your satisfaction by contacting us as set forth in the "Questions" section below. In the event that we are not able to resolve a dispute, and with the exception of the claims for injunctive relief by us as described above and to the extent allowed by law, you hereby agree that either you or we may require any dispute, claim, or cause of action ("Claim") between you and us or any third parties arising out of use of the Service and any other actions with us (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) to be arbitrated on an individual (non-class) basis. Claims also include, except as otherwise provided herein, disputes related to the coverage, applicability, arbitrability, enforceability, formation, scope, or validity of this Agreement, including this Arbitration provision, all of which shall be subject to the sole power of the arbitrator as described herein. Notwithstanding anything else herein, the enforceability of the Class Action Waiver shall be determined by a court. In addition, both parties retain the right to seek relief in a small claims court (or a state court equivalent) for a Claim within the scope of its jurisdiction so long as the small claims action does not seek to certify a class, combine the claims of multiple persons, recover damages in excess of the limit for a small claim under applicable state law or is not transferred, removed, or appealed from small claims court to any different court. Additionally, if you are a California resident, you retain the right to obtain public injunctive relief from any court with proper jurisdiction. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. ADDITIONALLY, ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS, AND, THEREFORE, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT. AS PART OF THIS WAIVER, YOU AGREE THAT YOU WAIVE THE RIGHT TO ACT AS A PRIVATE ATTORNEY GENERAL IN AN ARBITRATION; THAT EXCEPT AS OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT, CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION. You and we agree that your use of the Service involves interstate commerce, and that this arbitration agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act (FAA) set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. The arbitrator must follow, to the extent applicable: (1) the substantive law of the state in which we entered into the transaction giving rise to this arbitration agreement; (2) the applicable statutes of limitations; and (3) claims of privilege recognized at law. The arbitrator will not be bound by federal, state or local rules of procedure and evidence or by state or local laws concerning arbitration proceedings. If either you or we elect to arbitrate a Claim, the dispute shall be resolved by binding arbitration administered under the applicable rules of the American Arbitration Association ("AAA"). Either you or we may elect to resolve a particular Claim through arbitration, even if the other party has already initiated litigation in court related to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court. If this is a consumer-purpose transaction, the applicable rules will be the AAA's Consumer Arbitration Rules. The applicable AAA rules and other information about arbitrating a claim under AAA, including how to submit a dispute to arbitration, may be obtained by visiting its website at https://www.adr.org/ or by calling 1-800-778-7879. If AAA will not serve as the administrator of the arbitration, and you and we cannot then agree upon a substitute arbitrator, you and we shall request that a court with proper jurisdiction appoint an arbitrator. However, we will abide by the applicable AAA rules regardless of the forum. Arbitration shall be conducted in the county and state where you accepted this Agreement, you reside, or another reasonably convenient place to you as determined by the arbitrator, unless applicable laws require another location. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Except as provided in applicable statutes, the arbitrator's award is not subject to review by the court and it cannot be appealed. The parties will have the option to request and receive a statement of reasons for the arbitration award. If you elect to file the arbitration, and this is a consumer-purpose transaction, you will pay the filing fee to the extent required by AAA's Consumer Arbitration Rules but not to exceed the cost of filing a lawsuit. Any amount above what it would cost you to file a lawsuit, we will pay. All other arbitration fees and expenses shall be allocated to us according to AAA rules. Except for the arbitration fees and expenses, each party shall pay its own costs and fees incurred (including attorneys' fees), unless the arbitrator allocates them differently in accordance with applicable law. This paragraph applies only if this is a consumer-purpose transaction. Additional Procedures for Mass Arbitration. If twenty-five (25) or more similar Claims (including yours) are asserted against us by the same or coordinated counsel or are otherwise coordinated ("Mass Arbitration"), you and we agree that these Additional Procedures for Mass Arbitration (in addition to the other provisions of this arbitration agreement) shall apply. You agree to this process even though resolution of your Claim may be delayed and ultimately proceed in court. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Claims, streamline procedures, address the exchange of information, modify the number of Claims to be adjudicated, and conserve the parties' and the AAA's resources. If your Claim is part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for your Claim from the time that your Claim is first submitted to the AAA until your Claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision. Stage One: In Stage One, if at least fifty (50) Claims are submitted as part of the Mass Arbitration, claimants' counsel and MRS will each select an equal number of Claims to be filed in arbitration and resolved individually by different arbitrators. For example, claimant and MRS will each select 25 Claims (50 Claims total). The number of Claims to be selected to proceed in Stage One can be modified by agreement of counsel for the parties provided that, if there are fewer than 50 Claims, all shall proceed individually in Stage One. The remaining Claims shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. If a case is withdrawn before the issuance of an arbitration award, another Claim shall be selected to proceed as part of the first stage. After this initial set of proceedings, the parties must engage in a single mediation of all remaining Claims, and we will pay the mediation fee. Stage Two: If the parties cannot agree how to resolve the remaining Claims (if any) after mediation, claimants' counsel and MRS will each select an equal number of Claims per side—not to exceed 50 Claims total—to be filed and to proceed as cases in individual arbitrations as part of Stage Two. The number of Claims to be selected to proceed as part of Stage Two can be modified by agreement of counsel for the parties provided that if there are fewer than 50 Claims remaining, all shall proceed individually in Stage Two. The remaining Claims shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. If a case is withdrawn before the issuance of an arbitration award, another Claim shall be selected to proceed as part of the second stage. After Stage Two is completed, the parties must engage in a single mediation of all remaining Claims, and we will pay the mediation fee.Upon the completion of the mediation in Stage Two, each remaining Claim (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of this Agreement. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Claims in individual arbitrations consistent with the process set forth in Stage Two (except Claims shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually agreeable process. A court of competent jurisdiction shall have the authority to enforce the Procedures for Mass Arbitration, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. The Procedures for Mass Arbitration and each of its requirements are essential parts of this arbitration agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Procedures for Mass Arbitration apply to your Claim and are not enforceable, then your Claim shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of this Agreement. Notwithstanding anything to the contrary in this Agreement, and except as otherwise set forth in this paragraph, the agreement to arbitration may be amended by us only upon advance notice to you. If we make any amendment to this agreement to arbitration (other than renumbering the agreement to align with any other amendment to the Agreement) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding or action against us prior to the effective date of the amendment. The amendment shall apply to all other Claims governed by this agreement to arbitration that have arisen or may arise between you and us. However, we may amend this agreement to arbitration and not provide you notice; in that case, the amendments will not apply to you and the agreement to arbitration contained in this Agreement to which you agreed will continue to apply to you and us as if no amendments were made.If any part of this arbitration provision is invalid, all other parts of it remain valid. However, if the class action limitation is invalid, then this arbitration provision is invalid in its entirety, provided that the remaining terms of this Agreement shall remain in full force and effect. This arbitration provision will survive the termination of your use of the Service and any other actions with us. You may reject this arbitration provision within thirty (30) days of accepting this Agreement by emailing us at [mortgageratesnap@gmail.com] and including in the subject line "Rejection of Arbitration Provision." -
Termination.
- Either you or MRS may terminate this Agreement. You may terminate this Agreement by destroying all materials obtained from our Service and, if you are a Registered User, by providing a termination notice to MRS at mortgageratesnap@gmail.com or as otherwise set forth in any effective Lender Agreement between you and MRS . MRS may terminate this Agreement immediately, without notice for any reason, or no reason, and reserves the right to block or prevent your future access to our Service.
- Should you or MRS decide to terminate this Agreement, then MRS may prevent access to your Account on our Service. MRS agrees to make a good faith effort to resolve any outstanding dispute between MRS and a Registered User prior to termination. MRS , at its sole discretion, may restore access to your Account if the dispute has been resolved to its satisfaction.
- You acknowledge and agree that termination of this Agreement by either party pertains solely to your use of our Service, and has no effect on other contractual obligations that may exist between the parties, which remain in full force and effect.
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Severability.
If any portion of this Agreement is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, that portion will be deemed severable and will not affect the validity and enforceability of any remaining provisions hereof. -
Entire Agreement
This Agreement, together with any applicable Lender Agreement (if you are a Registered User), constitutes the entire agreement between you and MRS with respect to your use of the Service and supersedes all prior and contemporaneous agreements, understandings, representations, and communications, whether oral or written, relating to the subject matter hereof.
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Definitions and Constructions.
Unless otherwise specified, the terms "includes," "including," "e.g.," "for example," and other similar terms are deemed to include the term "without limitation" immediately thereafter. -
Questions.
If you have any questions or comments about this Agreement or the Service, please contact us by email at mortgageratesnap@gmail.com. You also may write to us at: mortgageratesnap.com, LLC
3883 E Santa Fe Lane
Gilbert, AZ 85297
