This Terms of Use Agreement (this “Agreement”) governs your use of the Real-Finity Mortgage website (the “Site”). For purposes of this Agreement, “you” or “your” means the person(s) using the Site and/or the Services, and any person(s) for whom such person(s) are acting as an agent with respect to the Site and/or the Services. “Real-Finity Mortgage”, “us” or “we” includes Real-Finity Mortgage, LLC and any of its affiliates or subsidiaries. This Agreement should be read carefully before accessing or using this Site. The Agreement applies to your use of any goods, facilities or services offered through the Site (collectively “Services”), regardless of how they are accessed. By accessing, browsing, or using the Site, you acknowledge that you understand, accept and agree to be bound by this Agreement, as well as our Privacy Policy, which is incorporated into this Agreement by reference. You agree that, to the fullest extent required by the law of any state, you have been provided with, have received, and are agreeing to all disclosure and consent requirements. The Services may include additional terms; by agreeing to proceed with any such Services you acknowledge that you have read, understand, and agree to be bound by any additional terms displayed or referenced that apply to that Service. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THIS SITE. For purposes of this Agreement, “you” or “your” means the person(s) using the Site and /or the Services, and any person(s) for whom such person(s) are acting as an agent with respect to the Site and/or the Services. “Real-Finity Mortgage”, “us” or “we” includes Real-Finity Mortgage, LLC and any of its affiliates or subsidiaries. We are licensed as set forth in the Disclosures and Licensing section, which is incorporated into this Agreement by reference. Prohibited Uses
You agree that you will not (and you agree not to encourage or allow any third party to): - Breach, test, circumvent (or attempt to breach, test or circumvent) any security, copy protection or rights management feature in the Services or otherwise attempt to gain unauthorized access to the Services, other users’ Accounts or Real-Finity Mortgage’s computer systems or networks;
- Copy, modify, translate, adapt or otherwise create derivative works or improvements (whether or not patentable) of any part of the Services;
- Decompile, reverse engineer, disassemble or decode the Services or otherwise attempt to derive or gain access to the source code of any part of the Services (unless applicable laws specifically prohibit such restriction);
- Remove, alter or obscure any copyright, trademark or other intellectual property or proprietary notices contained in the Services;
- Use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, scrape, data mine or index any portion of the Services;
- Use the Services to send unsolicited messages or advertisements through comment functions available on the Services;
- Distribute, rent, sublicense, lease, lend, sell, resell, assign, transfer, transmit, stream, broadcast or otherwise make available or exploit any features or functionality of the Services including through time-sharing, use of service bureau or by otherwise making the Services available on a network on which they are accessible by more than one device at any time;
- Reformat or frame any portion of the web pages that are part of the Services without Real-Finity’s written consent;
- Negligently, recklessly, knowingly, or intentionally transmit or upload any material that contains viruses, time bombs, trojan horses, worms, malware, spyware, or any other programs that may be harmful or dangerous;
- Cause or launch any programs or scripts for the purpose of unduly burdening or hindering the operation and/or functionality of any aspect of the Services or otherwise interfere with others’ use and enjoyment of the Services;
- Create an Account under fraudulent pretenses;
- Engage in any activity that is obscene, threatening, harassing, defamatory, libelous, deceptive, fraudulent, hateful, violent, abusive, pornographic or otherwise offensive or unlawful.
You agree that Real-Finity Mortgage may terminate your password, account, or use of the Site in Real-Finity Mortgage’s sole discretion for any reason. All notices you give to us shall be in writing and shall be made either via e-mail or conventional mail. In addition, Real-Finity Mortgage may post notices or links to notices through the Site to inform you of changes to the applicable terms of use, the Site, or other matters of importance.
Real-Finity Mortgage Content
Real-Finity Mortgage retains full and complete title to all information and materials provided by Real-Finity Mortgage on or through the Services, including any artwork, graphics, text, video and audio clips, trademarks, logos and other content (collectively, “Real-Finity Mortgage Content”). The name “Real-Finity Mortgage” and the Real-Finity Mortgage Logo and other trademarks used on the Services are trademarks of Real-Finity Mortgage or its affiliates and may not be used in connection with the products or services of others in any manner that is likely to cause confusion. All other trademarks not owned by Real-Finity Mortgage that appear on the Services are the property of their respective owners. THE CONTENTS OF THIS SITE, INCLUDING ITS “LOOK AND FEEL” (E.G., TEXT, GRAPHICS, IMAGES, LOGOS, AND BUTTON ICONS), EDITORIAL CONTENT, NOTICES, SOFTWARE (INCLUDING HTML-BASED COMPUTER PROGRAMS), AND OTHER MATERIAL ARE PROTECTED UNDER BOTH UNITED STATES AND FOREIGN COPYRIGHT, PATENT, TRADEMARK, AND OTHER LAWS. The contents belong to Real-Finity Mortgage or to others as indicated. The information and materials contained in the Site may not be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, supplemented, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of Real-Finity Mortgage. Your right to use the Site is personal to you. You agree not to reproduce, duplicate, copy, sell, resell, use or exploit for any commercial purposes, the Site or use of or access to the Site or any information or technology obtained from the Site. Although we make reasonable efforts to update the information on the Services, we make no representations, warranties or guarantees, whether express or implied, that the Services or Real-Finity Mortgage Content are accurate, complete or up to date. Except as required by law, Real-Finity Mortgage disclaims any duty to update the information included in the Services. All information on the Services is subject to change without notice. REAL-FINITY MORTGAGE DOES NOT ENDORSE THE ACCURACY OR RELIABILITY OF ANY OPINION OR ADVICE SET OUT IN CONNECTION WITH THE SERVICES. If you agree to these Terms, then you may download, print and/or copy Real-Finity Content solely for your own personal use.
Privacy Policy
T
he terms on which we process any personal information that we collect from users on the Platform or that you provide to us are described in our Privacy Policy. By using the Site or Services, you consent to the processing of any personal information as described in the Privacy Policy and you warrant that all data that you provide is accurate.
Intellectual Property
Real-Finity Mortgage and its affiliates own and will retain all right, title and interest (including, without limitation, all patent, copyright, trade secret or other proprietary rights) in and to the Services and the Platform Data, and any modifications, improvements and derivative works of the foregoing, including any feedback.
Copyright
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported using our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is: Copyright Agent Real-Finity Mortgage, LLC.
929 Alton Road, Suite 500 Miami Beach, FL 33139 copyright@rfm.io
Indemnity
You agree to indemnify, defend and hold harmless Real-Finity Mortgage and its officers, directors, shareholders, predecessors, successors-in-interest, licensors, employees, agents, subsidiaries and affiliates (“Real-Finity Mortgage Parties”), from and against any and all claims, losses, liabilities, expenses (including attorneys’ fees and costs) and damages arising out of or relating to your use of the Sites or Services, your violation of any third-party right or law, or your violation or alleged violation of this Agreement. You must not settle any such claim or matter without the prior written consent of Real-Finity Mortgage. The Real-Finity Mortgage Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims
Disclaimers of Warranties
Real-Finity Mortgage warrants that Real-Finity Mortgage has validly entered into these Terms and has the legal power to do so. You warrant that you have validly entered into these Terms and have the legal power to do so. You agree that all access and use of the Site and its contents is at your own risk. By using the Site, you acknowledge that Real-Finity Mortgage specifically disclaims any liability (whether based in contract, tort, negligence, strict liability or otherwise) for any direct, indirect, incidental, common law, statutory, regulatory, consequential, compensatory, punitive, or special damages arising out of or in any way connected with your access to or use of the Site (even if we have been advised of the possibility of such damages) including, but not limited to, any liability associated with any viruses which may infect your computer equipment. Calculators and tools on the Site provide you with ESTIMATES that may be different than actual amounts.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. REAL-FINITY MORTGAGE, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY WITHOUT PRIOR NOTICE MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE INCLUDING BUT NOT LIMITED TO THE INFORMATION, SERVICES, PRODUCTS OR OTHER MATERIAL AT ANY TIME. ALL INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL REAL-FINITY MORTGAGE, ITS AFFILIATES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS, MATERIAL AND/OR SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF REAL-FINITY MORTGAGE, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THESE LIMITATIONS OR EXCLUSIONS ARE HELD TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THE MAXIMUM COLLECTIVE LIABILITY OF REAL-FINITY MORTGAGE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED $100. The foregoing disclaimer of liability will not apply to the extent prohibited by applicable law in the jurisdiction of your place of residence. You acknowledge and agree that the above limitations of
liability together with the other provisions in these Terms that limit liability are essential terms and that Real-Finity Mortgage would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.
Resolving Disputes
If you have a complaint about the Services, please contact Real-Finity Mortgage via email at info@rfm.io
. Except where prohibited by local law, these Terms are governed by and construed and enforced in accordance with the internal laws of the State of Delaware (without giving effect to the principles of conflicts of laws of such state) and are binding on Real-Finity Mortgage and you in the United States and worldwide. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE
SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THE CAUSE OF ACTION IS PERMANENTLY BARRED.
No Class Actions
You may only resolve disputes with us on an individual basis and may not bring a claim as a
plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If this specific paragraph is held unenforceable, then the entirety of this “No Class Actions” section will be deemed void.
Governing Law
These Terms will be governed by Delaware law except for its conflicts of laws principles.
Entire Agreement
These Terms constitute the entire agreement between you and Real-Finity Mortgage with respect to the subject matter of these Terms and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third-party beneficiary rights.
Waiver, Severability & Assignment
Real-Finity Mortgage’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Real-Finity Mortgage may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Modifications
The effective date of these Terms is set forth at the top of this webpage. Real-Finity Mortgage reserves the right to modify or discontinue, temporarily or permanently, the Site for any reason, at its sole discretion, with or without notice to you. Likewise, Real-Finity Mortgage may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the legal terms and conditions that govern your use of the Site periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified Agreement.
