1. Acceptance of Agreement; Entire Agreement. You agree that this Agreement constitutes the entire and only agreement between ROM and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings, if any, with respect to the Site, the content, products or Service provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time without notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
2. Financial Products and Services. You understand that through the Site, we offer the Service, which provides an online information portal and marketplace where you can research and compare solutions in a number of different categories, including loans, reverse mortgages, and insurance. You acknowledge and agree that if you submit a request for any product or service offered through the Service, ROM will share your personal information (such as your full name, address, telephone number, and social security number) with the providers in our provider network who can fulfill your request, including banks, mortgage bankers and brokers (the “Provider(s)”).
You acknowledge and agree that ROM only refers you to the Providers and does not make loan or other product related decisions in connection with the Service; ROM is not a party to any agreement that you may make with the Provider; and the Provider is solely responsible for its services to you. You also acknowledge that by providing the Service through the Site, ROM is not your agent or broker and does not recommend any specific product, service or Provider to you.
Any compensation ROM may receive for the Service provided hereunder is paid by Providers for the products and services rendered by ROM to that particular Provider. ROM does not charge you any fees to use the Site or the Service. You understand that requirements for a specific loan product are made by the individual Provider and that ROM does not endorse, warrant, or guarantee the products or services of any Provider. Nothing contained herein constitutes an offer or guarantee for a loan commitment, interest rate lock-in agreement or any specific financial product price or quote commitment. You agree that ROM is not and shall not be liable for any damages, costs, liabilities or losses of any type which arise or may arise out of or in connection with your use of the Provider’s service.
By submitting your request for a financial product, you agree that the Providers may contact you by telephone, email or 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 or any state equivalent Do Not Call List. You understand that the Providers may retain the information you submitted to ROM whether you elect to use their services or not. If you no longer want to receive communications from a Provider, you agree to notify the Provider directly. You also grant ROM permission to send you regular updates of current financial products which may be of interest to you.
3. Other Products and Services. You understand and agree that if you request a product or service other than a financial product such as Real Estate brokerage assistance offered through the Service, ROM will share your information with those business partners necessary to complete your request. You also agree that our business partners may contact you by telephone, email or 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 or any state equivalent Do Not Call List. You understand that ROM business partners may retain the information you submitted to ROM whether you elect to use their services or not. If you no longer want to receive communications from an ROM business partner, you agree to notify the partner directly.
4. Use of the Site and Service. You certify to ROM that: (i) you are eighteen (18) years of age or older; (ii) you assume complete responsibility for the use of the Service by any minors; (iii) you agree that all information you have submitted to ROM, online or otherwise, is complete and accurate, and that you have not intentionally submitted false information on or through the Site or Service; and (iv) your use of the Site and Service is subject to all applicable federal, state, and local laws and regulations.
All calculators and tools on the RetireEasy.com site are designed to be informational and educational tools only and do not constitute investment advice. We strongly recommend that you seek the advice of a financial services professional before making any type of investment. We also encourage you to review your investment strategy periodically as your financial circumstances change. These tools & models are provided as a rough approximation of future financial performance. The results presented by these calculators are hypothetical and may not reflect the actual growth of your own investments. ROM and its affiliates are not responsible for the consequences of any decisions or actions taken in reliance upon or as a result of the information provided by these tools. ROM is not responsible for any human or mechanical errors or omissions.
5. Prohibited Conduct. As a party to this Agreement, you agree not to: (i) submit, transmit, promote or distribute information or content that is illegal; (ii) submit, transmit or facilitate the distribution of information or content that is abusive, harmful, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a rational person’s view, objectionable; (iii) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (iv) take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) transmit or submit invalid data, viruses, worms, or other software agents through the Service; (vi) use any spider, robot, scraper or other automated access the Service for any purpose without our express written permission; (vii) impersonate a different person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity; (viii) submit, post, upload, email, transmit or otherwise make available any content or information that you do not have a right to make available under any law or under contractual or fiduciary relationships; (ix) obstruct the proper working of the Service; or (x) circumvent the measures we may use to prevent or restrict access to the Service; (xi) submit, post, upload, email, transmit or otherwise make available any email content from private parties; (xii) submit, post, upload, email, transmit or otherwise make available content or posts that solicit purchases or use of merchandise, auctions, services or commercial Web sites, including offers to trade, “wanted” posts, or charitable solicitations; (xiii) submit, post, upload, email, transmit or otherwise make available any content including another individual’s contact information and/or email address.
7. Copyright and Trademark Notice Information. All content of the Saxum Partners II LLC Websites is protected under copyright: Copyright © 2010 – 2012 Saxum Partners II LLC, 2934 1/2 Beverly Glen Circle, Suite 772, Los Angeles, CA 90077 and/or its Clients and third party vendors. All rights reserved. RetireEasy.com® trademarks and service marks and other RetireEasy and Reverseourmortgage.com logos and product service names are trademarks of Saxum Partners II LLC (“Saxum Partners II LLC Marks”). Without Saxum Partners II LLC’s prior permission, you agree not to display or use in any manner, the Saxum Partners II LLC Marks. All other logos or brand names shown on the Service are trademarks of their respective owners and/or licensors.
8. Links. ROM may provide links to third party websites; however, since ROM does not control these websites, you acknowledge and agree that ROM is not responsible for the availability of such external websites, and does not endorse and is not responsible or liable for any information, content, advertising, products, whether financial or otherwise, or other materials on or available from such websites. You also acknowledge and agree that ROM shall not be responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any such content, products, goods or services available on or through any such website.
9. Indemnification. You agree to indemnify and hold ROM, its subsidiaries, affiliates, agents, shareholders, officers, 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 Site, the Service or any Software, the violation of the Agreement by you, or the infringement by you, or any other user of the Site, the Service or Software using your computer, of any intellectual property or other right of any person or entity. ROM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
10. No Warranty. ROM PROVIDES THE SITE, THE SERVICE, INCLUDING ANY SOFTWARE ASSOCIATED THEREWITH, “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, RESULT, ACCURANCY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ROM MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. ROM 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, ACCURACY, WORKMANLIKE EFFORT, 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.
11. Limitation of Liability. IN NO EVENT WILL ROM BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SITE, THE SERVICE OR ANY SOFTWARE ASSOCIATED THEREWITH, EVEN IF ROM 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) NEGLIGENCE, (5) TORT, 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 SITE OR THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ROM WITH RESPECT THIS AGREEMENT, THE SITE OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING SUCH.
12. Release. YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE ROM AND ITS AFFILIATES, PARTNERS, SERVICE PROVIDERS, VENDORS, AND CONTRACTORS AND EACH OF THEIR RESPECTIVE AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, DEMANDS, COMPLAINTS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, 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 SITE OR THE SERVICE.
13. Notice. ROM may provide you with notices, including those regarding changes to the Agreement, by either email, regular mail, or postings on the Service.
15. Dealings with Third Parties. Your correspondence or business dealings with any third parties as a result of your visit to the Site and/or participation in the Service, including, but not limited to, business dealings with mortgage lenders or brokers, 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 ROM 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.
16. Disputes. This Agreement will be governed by and interpreted in accordance with the laws of the State of California, without regard to the conflicts of laws principles thereof, as such laws apply to contracts between California residents entered into and performed entirely within California. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any action or proceeding arising from or relating to this Agreement must be brought exclusively in a federal court in the Southern District of California or in a state court in Los Angeles County, California. The parties have agreed that this Agreement will be written and construed in the English language.
17. Modification to Service. ROM reserves the right at any time and from time to time to modify or discontinue, permanently or temporarily, the Service (or any part thereof) with or without notice. You agree that ROM shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
18. Waiver and Severability of Terms. The failure of ROM 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.
19. Disclosure of Your Information. You acknowledge, consent and agree that ROM may preserve, access, 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) abide by legal process; (ii) enforce the Agreement; (iii) respond to claims that any information or content violated the rights of any third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of ROM, its users and the public.
20. Additional Terms. You acknowledge and agree that in addition to the terms of this Agreement, you may also be subject to additional terms and conditions that may apply when you use or purchase certain other ROM services, affiliate services, third party content or third party software.
21. Survival. The following paragraphs shall survive termination or your refusal to continue to use the Service: 7, 8, 10, 11, 12, 13, 17, and 22.
22. 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 3 MONTHS AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.