Gofincast.com and www.gofincast.com (the "Site") is an Internet property of Fincast, Inc. ("Company," "Fincast," "we," "our" or "us"). The following Website Terms and Conditions ("Terms and Conditions") are inclusive of the Fincast Privacy Policy ("Privacy Policy") and any and all other applicable operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the "Agreement").
Each end-user visitor to the Site ("User," "you" or "your") agrees to the terms of the Agreement, in their entirety, when she/he: (a) accesses or uses the Site; (b) accesses and/or views any of the: (i) links to third-party lending-related, title and escrow or settlement-related, and/or insurance-related resources and other information ("Third-Party Links"); and/or (ii) blog posts, text, video and/or other information pertaining to lending-related products and/or services made available on the Site (the "Informational Content", and together with the Third-Party Links, the "Content"); (c) accesses the comments sections associated with the blog posts and/or other interactive features made available on the Site ("User-Generated Services"); and/or (d) utilizes the various contact forms, submits personal information, loan information, or estimates and/or contact information made available on the Site and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, Company and/or Company’s third-party lending-related, title and escrow or settlement-related, and/or insurance-related product and/or service providers, and online aggregators ("Third-Party Service Providers") (collectively, the "Shopping Services", and together with the Site, Content and User-Generated Services, the "Site Offerings").
PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF A USER DOES NOT AGREE WITH THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, THAT USER IS NOT AUTHORIZED TO USE THE SITE OFFERINGS IN ANY MANNER OR FORM.
THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST COMPANY, AS WELL AS ITS PARENT, SUBSIDIARIES, RELATED PARTIES, THIRD-PARTY SERVICE PROVIDERS AND MARKETING PARTNERS (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.
Please be advised that Company does not itself offer lending-related, title and escrow or settlement-related, and/or insurance-related products and/or services, and does not make credit decisions or guarantee accuracy of rates, costs, fees, and rate locks on behalf of Third-Party Service Providers. The ultimate terms and conditions of any lending-related products and/or services made available via the Shopping Services will be determined by the applicable Third-Party Service Providers.
Reliance on any information made available to you by and through the Site Offerings, including the Content, is solely at your own risk. Company disclaims any and all liability for any loss, damage or injury based on information directly or indirectly obtained through the Site Offerings.
1. Scope; Modification of Agreement
The Agreement constitutes the entire and only agreement between Users and Company with respect to Users’ use of the Site Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. Company may amend the Agreement from time to time in its sole discretion, without specific notice to Users; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and Users should review the Agreement prior to using any Site Offerings. By a User’s continued use of the Site Offerings, that User hereby agrees to comply with all the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute). Furthermore, the Site and Site Offerings provided to you on and through the Site are "AS IS". You agree that the Company exclusively reserves the right and may, at any time and without notice and any liability to you, modify or discontinue the Site and its Site Offerings and delete the data you provide, whether temporarily or permanently. Company reserves the right in its sole discretion to edit and/or delete any documents, information or Content appearing on the Site. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.
2. Requirements; Termination of Access to the Site Offerings
The Site Offerings are available only to individuals who can enter into legally binding contracts under applicable law. The Site Offerings are not intended for use by individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdiction). If a User is under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in her/his respective jurisdiction) and/or if that User is unable to enter into legally binding contracts under applicable law, that User does not have permission to use and/or access the Site Offerings. Company may terminate a User’s access to the Site Offerings at any time and for any reason, in its sole discretion. Such reasons may include, without limitation, where Company believes that such User is: (a) in any way in breach of the Agreement; and/or (b) engaged in any improper conduct in connection with the Site Offerings.
3. Shopping Services
Where a User attempts to utilize the Shopping Services, that User may be required to submit, and Company may collect, some or all of the following information: (a) the User’s e-mail address; (b) the User’s full name; (c) the User’s telephone number; (d) User’s current Loan Estimate; (e) information pertaining to the User’s desired loan and creditworthiness; and (f) any other information collected via the applicable Shopping Services form (collectively, "Contact Data"). Upon entering Contact Data and clicking on the applicable submission button on the Site: (i) Company may pass your Contact Data along to one (1) or more of Company’s marketing partners and/or affiliates (collectively, "Marketing Partners"), and/or Third-Party Service Providers; (ii) you may be contacted by Company and/or one (1) or more Marketing Partners and/or Third-Party Service Providers regarding your request; and/or (iii) you may be contacted by one (1) or more Marketing Partners with third-party offers that Company feels may be of interest to you. Without limiting the foregoing in any way, where you provided "prior express written consent" within the meaning of the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time ("TCPA"), you may be contacted by Company and/or one (1) or more of its designated Third Party Service Providers regarding your request via telephone, including artificial voice calls, pre-recorded messages and SMS text messaging. Where Company contacts you in connection with your submission of Contact Data, a Company representative may request additional information over the telephone, including some or all of the following: (A) User date of birth; (B) User mailing address; (C) Social Security Number; (D) Income Verification; (E) certain information pertaining to the User’s desired loan; and (F) any other information requested by the applicable Company representative (collectively, "Follow-Up Data", and together with the Contact Data, the "User Data"). Each User agrees to provide true, accurate, current and complete User Data. Company’s use of User Data shall be governed by the Privacy Policy. For a copy of the Privacy Policy, please Click Here.
Fincast DOES NOT take formal mortgage applications as defined under applicable state laws, the Equal Credit Opportunity Act, the Truth In Lending Act (“TILA”), and the Real Estate Settlement Procedures Act (“RESPA”). Fincast is not a lender or a creditor. Fincast DOES NOT originate Loans or make credit decisions in connection with Loans, nor does Fincast issue commitments or lock-in agreements. Fincast's services are only administrative. Any form you submit on Fincast's Site or other properties is NOT an application for credit. Rather, it is an inquiry to be matched with Third-Party Service Providers that may be able to present conditional offers. You will have to complete a formal application with the Third-Party Service Provider you choose before the Third-Party Service Provider will extend an unconditional offer.
If you close a loan with a Third-Party Service Provider, you will be responsible for paying for any settlement services or closing costs associated with your loan (such as loan processing, underwriting, funding fees, appraisals, title insurance premiums, attorney and notary fees, etc.). The Third-Party Service Provider, not Fincast, and the settlement service providers you select will determine the amount of any such fees. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for a loan commitment or interest rate lock-in agreement. The Sites and the Shopping Services provided by Fincast are available in connection with loans made on real property located in Colorado, Texas, or Florida, unless otherwise specified. Third-Party Service Providers may not offer all products as well as not offer products in all states.
You might not be matched with any specific Third-Party Service Providers making any specific offers. We will continue to attempt to match you for up to twenty-four hours after you submit your request and may contact you via telephone at the number you provided to attempt to help you obtain a match. If we are able to identify a match not originally identified on your online offers page, you agree we may call or contact you to identify such Third-Party Service Providers and you may elect to be connected with those Third-Party Service Providers to learn more about their products and services. Fincast cannot and will not select a Third-Party Service Provider for you.
When you complete a Fincast form online, by clicking on any button indicating an acceptance, acknowledgement or agreement to terms, a continuance of processing or submission you understand that you are consenting, acknowledging and agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry as to a product to which Fincast will match you with Third-Party Service Providers to whom your form data and personal information is transmitted. Fincast will also try to find you matches for similar products for which you sought as well as alternative products that may be suitable for your financial needs.
When you provide your information on the Fincast Site or when using Fincast's Shopping Services, you consent to be contacted via automated text message, automatic telephone dialing system, or by artificial/prerecorded message at the telephone number you provide, and/or by receiving email at the email address you provide and/or direct mail from Fincast or the brand with which you have been matched for the desired product or service.
You expressly consent to receive automated calls, text messages, and/or email regardless of whether you are on any Federal or state DNC (“Do Not Call”) registry or similar list or registry. If you provide your information and we contact you, or you contact us, we may keep a record, including but not limited to telephone recordings, call logs, text logs and emails, of your interaction with Fincast. Fincast does not share mobile information with third parties/affiliates for marketing/promotional purposes.
You may revoke your consent for us to contact you by autodialed call, text message, or direct mail at any time. If you no longer wish to receive such communications from Fincast, you may opt out by emailing support@gofincast.com along with the subject line “Opt-Out”. To opt out of receiving text messages from Fincast at any time, text STOP in response to a text message your enrolled mobile device received from Fincast. A confirmation message of your opt out will be sent to your mobile number but no additional messages will be sent to you unless you opt in again.
Fincast does not charge for toll free calls. However, you may be charged for the minutes you use by your mobile carrier, depending on your wireless plan. Standard message and data rates may apply. These rates may be changed by your mobile service provider and payable by you to that provider. Fincast does not impose a separate fee for sending SMS messages. The content in these messages may not be available and viewable on all carriers. Participating carriers include T-Mobile®, Verizon Wireless, AT&T, Sprint, Boost, U.S. Cellular®, MetroPCS, Virgin Mobile, and Cricket. Mobile carriers are not liable for delayed or undeliverable messages.
E-sign policy/definition: Submitting your information on our Site constitutes an electronic signature (e-sign) and verifies that you agree to all terms and conditions. An electronic signature should be considered the same as a manual, handwritten signature on a document.
Please be advised that Company does not itself offer lending-related, title and escrow or settlement-related, and/or insurance-related products and/or services, and does not make credit decisions on behalf of Third-Party Service Providers. The ultimate terms and conditions of any lending-related products and/or services made available via the Shopping Services will be determined by the applicable Third-Party Service Providers. You understand and agree that Company shall not be liable to you or any third party for any products and/or services offered by any Third-Party Service Providers.
4. Non-Endorsement; Passive Conduit
(a) Company does not sponsor, recommend or endorse any Marketing Partner and/or Third-Party Service Provider that is accessible by or through the Shopping Services and/or other Site Offerings. The Third-Party Service Providers that are accessible by and through the Shopping Services pay a fee for access to the Users that utilize the Shopping Services. Company does not guarantee that Users will successfully find lending-related, title and escrow or settlement-related, and/or insurance-related products and/or services through use of the Site Offerings.
(b) Please use caution and common sense when using the Site Offerings. Company in no way endorses the content or legality of any responses, statements or promises made by any Third-Party Search Service Providers, Marketing Partners and/or any other parties featured on the Site or otherwise through the Site Offerings.
(c) The determination of the need for lending-related products and/or services and the choice of lending-related service providers are extremely important decisions and should not be based solely on advertisements or claims of expertise offered by any Third-Party Service Provider. Company does not review the standing of any Third-Party Service Provider with any regulatory authority and/or governmental agency. Therefore, Company makes no representation regarding the status, standing or ability of any Third-Party Service Providers. When considering utilizing the services offered by a Third-Party Service Provider, Users should check that Third-Party Service Provider’s industry standing, past practices and reputation.
(d) Company does not involve itself in the agreements between Users and Third-Party Service Providers and/or Marketing Partners, or any relationships created thereby. Therefore, Company does not make any representations regarding the competency, trustworthiness, honesty, integrity and/or behavior of its Users, Marketing Partners and/or Third-Party Service Providers, as applicable. Each User, and not Company, is solely responsible for assessing the competency, trustworthiness, honesty and integrity of all Third-Party Service Providers and/or Marketing Partners that the User communicates with via the Shopping Services and/or other Site Offerings.
5. Content; Third-Party Links
The Site contains Content which includes, but is not limited to, text, video and other information pertaining to search-related products and/or services, as well as regularly updated Third-Party Links. The Content is offered for informational purposes only and is at all times subject to the disclaimers contained herein, and on the Site. Hypertext links and buttons on Fincast's sites and in Fincast's communications may enable you to leave the Fincast properties. Fincast is not responsible for the contents of any linked sites or content, nor for any links contained in any such linked site, nor for changes, updates and modifications in such sites. The links are provided to you only as a convenience and the inclusion of any such link does not imply endorsement by Fincast of the site, its contents, services and policies.
6. Interactions
Users are solely responsible for their interactions with Marketing Partners, Third-Party Service Providers and other third-parties. Because Company is not involved in User interactions, in the event that you have a dispute with one or more Marketing Partners, and/or Third-Party Service Providers and/or other third-parties, you hereby release Company from any and all claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes.
7. User-Generated Services
(a) Subject to the restrictions contained herein including, without limitation, those contained below, the User-Generated Services may allow Users to post comments, and engage in other interactive communication, by and through the Site Offerings. In connection with the User-Generated Services, each User shall be solely responsible for the comments, opinions, statements, offers, propositions, feedback and other content (collectively, "Feedback") posted by and through the User-Generated Services. Company reserves the right to prohibit any conduct by Users, or to remove any materials or Feedback posted by Users by and through the User-Generated Services, that Company deems, in its sole and absolute discretion, to be in violation of the Agreement and/or which Company believes to be illegal, potentially harmful to others, otherwise objectionable or that same may expose Company to harm, damage to reputation or liability. Notwithstanding the foregoing, Company undertakes no responsibility to monitor or otherwise police the actions of Users, Feedback and/or other material posted by Users and/or other third-parties. Company shall have no obligation and incur no liability to such Users in connection with any Feedback. Users may find certain Feedback to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when viewing Feedback. You agree to use the User-Generated Services in a manner consistent with, and in full compliance with, any and all applicable laws, rules and regulations.
(b) In connection with your use of the User-Generated Services and other of the Site Offerings, you agree not to: (i) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third-party; (ii) display any audio files, text, photographs, videos or other images containing confidential information; (iii) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community, as defined under applicable law; (iv) impersonate any person or entity; (v) “stalk" or otherwise harass any person; (vi) engage in unauthorized advertising to, or commercial solicitation of, other Users; (vii) transmit any chain letters, spam or junk e-mail to other Users; (viii) express or imply that any statements that you make are endorsed by Company, without Company’s specific prior written consent; (ix) harvest or collect personal information of other Users (whether or not for commercial purposes), without their express consent; (x) use any robot, spider, search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site Offerings; (xi) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (xii) remove any copyright, trademark or other proprietary rights notices contained on the Site; (xiii) interfere with or disrupt the Site and/or the servers or networks connected to same; (xiv) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xv) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. "spamware"), services that send unsolicited advertisements, programs designed to initiate "denial of service" attacks, mail bomb programs and programs designed to gain unauthorized access to mobile networks; (xvi) "frame" or "mirror" any part of the Site without Company’s prior written authorization; (xvii) use metatags or code or other devices containing any reference to any Site Offerings in order to direct any person to any other mobile application or website for any purpose; and/or (xviii) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site Offerings or any software used in or in connection with Site Offerings. Company reserves the right to pursue any and all legal remedies against Users that engage in the aforementioned prohibited conduct.
8. Representations and Warranties
Each User hereby represents and warrants to Company as follows: (a) the Agreement constitutes such User’s legal, valid and binding obligation which is fully enforceable against such User in accordance with its terms; and (b) such User understands and agrees that such User has independently evaluated the desirability of utilizing the Site Offerings and that such User has not relied on any representation and/or warranty other than those set forth in the Agreement.
9. Indemnification
Each User agrees to indemnify, defend and hold Company, its members, officers, directors, employees, agents and attorneys, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and/or expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from and/or related to: (a) any dispute between that User and any Marketing Partner, Third-Party Service Provider or other third-party; (b) User’s breach of the Agreement and/or any representation or warranty contained herein; (c) User’s improper and/or unauthorized use of the Site Offerings in any manner whatsoever; and/or (d) User’s Feedback. The provisions of this Section 9 are for the benefit of Company, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
10. License Grant
Each User is granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site Offerings. Company may terminate this license at any time for any reason. Unless otherwise expressly authorized by Company, Users may only use the Site Offerings for their own personal, non-commercial use. No part of the Site Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. No User or other third-party may use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Site Offerings except as expressly permitted by Company. No User or other third-party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site Offerings, or any portion thereof. No User or other third-party may create any "derivative works" by altering any aspect of the Site Offerings. No User or other third-party may use the Site Offerings in conjunction with any other third-party content. No User or other third-party may exploit any aspect of the Site Offerings for any commercial purposes not expressly permitted by Company. Each User further agrees to indemnify and hold Company harmless for that User’s failure to comply with this Section 10. Company reserves any rights not explicitly granted in the Agreement.
11. Proprietary Rights
The Site Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by any User or third-party of any part of the Site Offerings is strictly prohibited. No User or other third-party acquires ownership rights in or to any content, document, software, services or other materials viewed by or through the Site Offerings. The posting of information or material by and through the Site Offerings does not constitute a waiver of any right in or to such information and/or materials.
12. Legal Warning
Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site Offerings is a violation of criminal and civil law and Company will diligently pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.
13. Disclaimer of Warranties
THE SITE OFFERINGS AND ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME ARE PROVIDED TO USERS ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, COMPANY MAKES NO WARRANTY THAT THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME: (A) WILL MEET ANY USER’S REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL ENABLE ANY USER TO FIND A LENDER, SETTLEMENT COMPANY, AND/OR INSURER, OR OBTAIN LOAN-RELATED PRODUCTS AND/OR SERVICES AND/OR REALIZE ANY SPECIFIC RATE OR ECONOMIC BENEFIT; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. COMPANY WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM COMPANY OR OTHERWISE THROUGH OR FROM THE SITE OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
14. Limitation of Liability
EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT COMPANY SHALL NOT BE LIABLE TO THAT USER OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR INABILITY TO USE THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE SITE OFFERINGS; (C) ANY DISPUTE BETWEEN ANY USERS, MARKETING PARTNERS AND/OR THIRD-PARTY SERVICE PROVIDERS AND/OR OTHER THIRD-PARTIES; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER DATA; (E) THE FAILURE TO FIND A LENDER, SETTLEMENT COMPANY, AND/OR INSURER, OR OBTAIN LOAN-RELATED PRODUCTS AND/OR SERVICES AND/OR REALIZE ANY SPECIFIC RATE OR ECONOMIC BENEFIT; AND (F) ANY OTHER MATTER RELATING TO THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. EACH USER HEREBY RELEASES COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF COMPANY TO ANY USER UNDER ANY AND ALL CIRCUMSTANCES WILL BE ONE HUNDRED DOLLARS ($100.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME, MAY BE BROUGHT BY ANY USER OR COMPANY MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER AND COMPANY. ACCESS TO THE SITE OFFERINGS WOULD NOT BE PROVIDED TO USERS WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY, AND IN SUCH JURISDICTIONS THE LIABILITY OF COMPANY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
15. Copyright Policy/DMCA Compliance
Company reserves the right to terminate any User’s access to the Site Offerings where such User infringes upon third-party copyrights. If any User or third party believes that a copyrighted work has been copied and/or posted via the Site Offerings in a way that constitutes copyright infringement, that party should provide Company with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location of the copyrighted work that such party claims has been infringed upon; (c) a written statement by such party that it has a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) such party’s name and contact information, such as telephone number or e-mail address; and (e) a statement by such party that the above information in such party’s notice is accurate and, under penalty of perjury, that such party is the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for notice of claims of copyright infringement is as follows: support@gofincast.com.
16. Third-Party Websites
The Site Offerings contain links to other websites on the Internet that are owned and operated by third-parties including, without limitation, the Third-Party Service Provider websites and/or Third-Party Links. Company does not control the information, products or services made available on, by or through these third-party websites. The inclusion of any link does not imply endorsement by Company of the applicable website or any association with the website’s operators. Because Company has no control over such websites and/or resources, each User agrees that Company is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites or for the protection of any User’s data privacy by third-parties. Each User further agrees that Company shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on, by or through any such site.
17. Use of User Information
All material submitted by Users through or in association with the Site Offerings including, without limitation, the User Data, shall be subject to the Privacy Policy. For a copy of the Privacy Policy, please Click Here.
18. Notice to California Residents
Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service.
19. Miscellaneous
To the extent that anything in or associated with the Site Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Company’s failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision, nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Company may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without notice to you. The Agreement, may not, however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Disputes
Florida law, without regard to the conflict of law principles thereof, and controlling U.S. federal law govern any action related to the Terms of Use, the Websites and/or the Services.
You and Fincast agree to arbitrate all disputes between you and Fincast, except for disputes relating to the enforcement of Fincast's intellectual property. Any disputes between you and Fincast relating to the Terms and Conditions, the Shopping Services, Sites and/or the Site Offerings must be resolved exclusively through binding arbitration pursuant to JAMS Comprehensive Arbitration Rules and Procedures (including Interim Measures), or in small claims court in County of Miami-Dade, Florida. In the event of a dispute, you or Fincast must send to the other party a notice of dispute, in writing, setting forth the name, address and contact information of the party giving notice, the facts of the dispute and relief requested. You may initiate proceedings by sending Fincast notice to the following address:
Fincast
66 W. Flagler St., Ste 900
Miami, FL 33130
support@fincast.com
1-866-986-1680
We will send any notice of dispute to you at the contact information we have for you. You and Fincast agree to try to attempt to resolve a dispute through informal negotiation upon notice of a dispute for a period of 60 days. If you and Fincast do not resolve the dispute in such 60 day time period or in small claims court, then you or Fincast may commence arbitration. You and Fincast agree that a dispute will be heard before a neutral single arbitrator, whose decision will be final, except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN A COURT OF LAW BEFORE A JUDGE OR JURY. In addition, you and Fincast agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; and (b) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the JAMS Arbitration Rules. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Fincast will pay all other arbitration fees and expenses.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM RELATING TO OR UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE OFFERINGS AND/OR FINCAST'S SITES, AND NO CLASS ACTION ARBITRATION PROCEEDINGS OR ANY PROCEEDINGS IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY SHALL BE PERMITTED. PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS.
In no event shall any claim, action or proceeding by you or Fincast related in any way to the Terms and Conditions, the Site Offerings and/or Fincast's Sites be instituted more than one (1) year after the cause of action arose.
If a court of competent jurisdiction finds these arbitration provisions invalid or inapplicable, you agree to the exclusive jurisdiction of the Federal and State courts located in County of Miami-Dade, Florida, and you agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable claim or action.
Disclaimers
Gofincast.com and other sites owned and operated by Fincast, Inc. (collectively, the "Site") is a website owned and operated by Fincast, Inc. ("Fincast"). Fincast is an online lead generator that provides administrative and marketplace services only by matching consumers who are prospective borrowers with one or more banks, lenders and/or mortgage brokers, and/or settlement companies, and/or insurance companies (each a "Third-Party Service Provider") that offer products and/or services of interest. Fincast does not: originate, process, underwrite, make or refinance loans; solicit loans or insurance policies for consumers; make credit decisions in connection with loans or insurance policies; issue loan commitments or lock-in agreements; guarantee that your submission of information on the Site will result in the origination or refinancing of a loan, settlement offer, or insurance policy from a Third Party; or otherwise help or assist consumers to obtain or refinance loans; and/or Fincast does not guarantee any economic benefit. Fincast is not an agent for consumers or any participating Third-Party Service Providers.
You are under no obligation to use the Site or Fincast to begin any financing process. In order to be matched with Third-Party Service Provider(s), Fincast may require you to submit certain personal and financial information. Your responses, and the information you choose to submit in order to be matched with prospective Third-Party Service Provider(s), will help improve the accuracy of your results. The information you submit to Fincast is not a loan or insurance application. You understand, acknowledge and agree that the information you choose to provide to Fincast will be collected, stored and transmitted only to Fincast's approved partners, and solely for the purpose of matching you with Third-Party Service Provider(s) that can provide you with more information about their respective products and/or services. Make sure to compare rates and fees, as they can vary between Third-Party Service Providers and may depend on the state in which you reside.