Terms of Service
Thank you for your interest in Compare Closing LLC's on-line market place. The following agreement governs your use of this website. If you have any questions at all about this agreement, please feel free to e-mail us at: [email protected]
ACCEPTANCE OF TERMS THROUGH USE
By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). If you do not agree to these Terms of Use please do not not register or attempt to use Compare Closing LLC. Access to Compare Closing LLC is available to authorized user's subject to the terms and conditions as described in this Agreement. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check these Terms of Use periodically for changes. Your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
Proprietary Rights
You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Compare Closing LLC, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Compare Closing LLC is strictly prohibited.
On-line Conduct
User shall not engage in any conduct that restricts or inhibits any other User from using or enjoying Compare Closing LLC. User agrees to use Compare Closing LLC only for lawful purposes. User shall not post on or transmit through Compare Closing LLC any unlawful, defamatory, libelous, vulgar, obscene, abusive, harassing, harmful, threatening, or racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law. User acknowledges that Compare Closing LLC offers an unparalleled opportunity for communication and information sharing among a wide variety of participants in the insurance industry, including competitors in the market for various insurance products and related services. User shall be solely responsible for ensuring that User's Account shall not be used in any manner which constitutes, or forms a part of a course of conduct amounting to, a violation of any state, federal or other applicable competition law. User covenants and agrees to defend, indemnify and hold harmless Compare Closing LLC and its subsidiaries, affiliates, parent companies, suppliers and independent contractors, and their officers, agents and employees from and against, and to pay or reimburse the Indemnities for, any and all economic harm resulting from, arising out of, or related to any breach of any of the foregoing provisions of this agreement involving use of User's Account. If you choose to participate in or use any of the marketing services available on Compare Closing LLC, you must always use your real name, and you will remain solely responsible for the materials created and the content of your messages posted on Compare Closing LLC.
No Warranties/Limitation of Liability.
Compare Closing LLC is provided on an "as is," "as available" basis without warranties of any kind, either expressed or implied, including, but not limited to, warranties of title or implied warranties of merchant ability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
Under no circumstances, and under no legal theory, whether in tort, contract or otherwise, shall Compare Closing LLC, any of its subsidiaries, affiliates, parent companies, suppliers or independent contractors, or any of their directors, officers, employees, or agents, or anyone else involved in developing or distributing Compare Closing LLC (all of the foregoing are hereinafter collectively referred to as the "Compare Closing LLC parties"), be liable for any economic harm resulting in any way from the use of, or inability to use, Compare Closing LLC, including, without limitation, any economic harm resulting from reliance on any network content or resulting from any interruptions, work stoppages, computer failures, communication failures, deletion of files, errors, omissions, inaccuracies, defects, viruses, delays or mistakes of any kind. In no event shall the total liability of the Compare Closing LLC parties, either jointly or severally, exceed the total amount paid by user to Compare Closing LLC for access fees and other charges in connection with user's access to and use of Compare Closing LLC within the last six calendar months.
Distribution of Network Content
Similar to newsstands, libraries and bookstores, Compare Closing LLC does not exercise editorial control over network content provided, uploaded, published or distributed by users and other participants in Compare Closing LLC. In other words, Compare Closing LLC is merely a distributor, not a publisher, of such network content. Such network content contains the views, opinions, statements, offers, and other material of the respective users, participants or authors. Compare Closing LLC does not endorse, is not responsible for, and makes no representations or warranties regarding, such network content or its accuracy, merchant ability or fitness for any particular purpose, and Compare Closing LLC shall not be liable for any economic harm resulting from or in connection with reliance on any such network content. In addition, Compare Closing LLC shall not be a party to, or liable in any way for any Economic Harm associated with, any transaction between User and any other User or participant in Compare Closing LLC. Any products or services offered or sold on or through Compare Closing LLC by any person other than Compare Closing LLC are offered or sold subject to terms and conditions solely between User and such other person.
User Responsibilities
Each User is responsible for all activities and charges in connection with use of User's Account by any person or entity, and for ensuring full compliance with this Agreement by all users of User's Account. User shall take all reasonable steps necessary to inform any and all of User's employees, officers, or agents who access and/or use Compare Closing LLC of the terms and conditions governing such access and/or use. User's Account with Compare Closing LLC may not be transferred without prior written approval from Compare Closing LLC and is subject to any limits established by Compare Closing LLC.
User shall take all reasonable precautions to ensure the confidentiality of the [password/User ID/Access Code] assigned by Compare Closing LLC.com to User for access to Compare Closing LLC. User is responsible for maintaining the confidentiality of User's [password/User ID/Access Code] and shall be solely liable for any economic harm resulting from disclosing, or suffering or permitting disclosure of, User's [password/User ID/Access Code]. In the event of any such disclosure or other breach of security, User will remain liable for any unauthorized use of Compare Closing LLC until User delivers written notice thereof to Compare Closing LLC and obtains a new [password/User ID/Access Code] from Compare Closing LLC.
Jurisdiction
This Agreement shall in all respects be governed by and construed in accordance with the laws of the State of California, regardless of the law, choice of law, or conflict of laws of any other jurisdiction.
Privacy
Compare Closing LLC reserves the right to disclose certain personal information which you provide during registration (i.e., your name, Internet and mailing addresses, daytime telephone number) to third parties for the purpose of providing you with information about their services and products, unless you elect during registration not to have these third parties send e-mail to you regarding their services and products. You may request to be removed from our mailing list at any time by sending an e-mail request to [email protected]. However, if you respond to a survey, request information, conduct a transaction, or subscribe to a service involving a third party via Compare Closing LLC you consent to having your personal information disclosed to that third party. Furthermore, Compare Closing LLC may collect demographic information and information regarding your usage of specified areas and disclose such information to third parties, although in so doing Compare Closing LLC will not disclose your personal identity.
By agreeing to these terms of use, you consent to be contacted by Compare Closing LLC's representatives via any mode of communication, including but not limited to phone, email, text message, or postal mail regarding your inquiry.
Indemnification
User covenants and agrees to defend, indemnify and hold harmless Compare Closing LLC and its subsidiaries, affiliates, parent companies, suppliers and independent contractors, and their officers, agents and employees (collectively, together with Compare Closing LLC, the "Indemnities") from and against, and to pay or reimburse the Indemnities for, any and all economic harm resulting from, arising out of, or related to (i) any breach by User of any term or condition of this Agreement, (ii) the placement or transmission by or through User or User's Account of any Network Content on Compare Closing LLC If any action shall be brought against any Indemnity in respect to which indemnity may be sought against User under this Agreement, User shall assume and control the defense and settlement of each such action, including the employment of counsel and payment of all expenses. Any such Indemnity shall have the right to employ separate counsel in any such action and participate in the defense thereof, but the fees and expenses of such separate counsel and participation shall be borne by such Indemnity unless otherwise agreed to in writing by User.
Further Reservation of Compare Closing LLC's Rights
- Compare Closing LLC reserves the right, in its sole discretion, to select Users and to refuse service or subscription to Compare Closing LLC to any person or entity for any reason or for no reason whatsoever. Compare Closing LLC may terminate immediately and without notice the Account of any User who misuses Compare Closing LLC or fails to comply with any term or condition of this Agreement.
- Compare Closing LLC, in its sole discretion, may, at any time and from time to time, and in any manner modify this Agreement and adopt additional terms and conditions governing Users' access and use of Compare Closing LLC. Any modification or addition is effective immediately upon its posting in this location or any other location designated for such purposes on Compare Closing LLC or upon transmittal of written notice thereof to User.
- Compare Closing LLC may, at its sole discretion, modify, supplement or discontinue any aspect of Compare Closing LLC, including, but not limited to, (i) restricting the hours or dates of access to Compare Closing LLC, (ii) restricting the means of access to Compare Closing LLC to certain computer types and to certain operating systems, (iii) limiting the amount of access time and/or use permitted, and (iv) restricting or terminating any User's right to access or use Compare Closing LLC or any portion thereof, at Compare Closing LLC.com's sole discretion and without prior notice or liability. Compare Closing LLC reserves the right to change or add any fees or charges for access or use of Compare Closing LLC at any time effective upon ten (10) days' prior notice.
Termination
- Either User or Compare Closing LLC may terminate User's Account at any time, for any reason or no reason at all. User's only right with respect to any dissatisfaction with (i) any term or condition of this Agreement or any change therein, or any decision, policy, or action of Compare Closing LLC in operating Compare Closing LLC, or (ii) the quality, quantity or any other aspect of the Network Content available at any time through Compare Closing LLC or any change therein, is to terminate User's Account by delivering written notice thereof to Compare Closing LLC.com.
- Compare Closing LLC may terminate User's Account, or suspend any individual User's access to all or any part of Compare Closing LLC, without notice, for any reason, including, without limitation, for any conduct that Compare Closing LLC, in its sole discretion, believes violates this Agreement, interferes with another User's use or enjoyment of Compare Closing LLC, or is harmful to another User or participant in Compare Closing LLC.
- User acknowledges and agrees that the provisions of this Agreement shall survive the termination of User's Account and User shall thereafter remain bound by such provisions.
Product Credit
Since all leads sold on the Compare Closing LLC web site are consumer initiated and transmitted there can be occasion when a lead is "bad" or due for a replacement. To allow for quick and convenient replacement of a lead, we've automated our replacement request procedure. We reserve the right to audit replacement requests. Simply put, we'll replace a lead if:
- The consumer has given us bad contact information (i.e. phone number not in service)
- The lead is a fictitious person or agent
- The lead is a duplicate for one that you have already purchased on this web site
Compare Closing LLC is not obligated to replace more than 30% of the leads within a 30 day purchase cycle, nor will Compare Closing LLC provide cash or credit card refunds in lieu of replacements. Replacements may be approved in advance but later considered invalid due to replacement delivery reaching the replacement maximum and/or audit by Compare Closing LLC.
Replacement requests will be reviewed and approved or denied within two business days. Please note: Users have to be "regular" members of this site to input replacement requests. If you are a guest member, (someone who has not returned our usage agreement), you will not be able to request replacements. Please take a moment to fill out our usage agreement to become a regular member.
Expiration of Credit
Any credits purchased within Compare Closing LLC shall expire twelve months after the credit was approved for use within the system. Any credit unused at the end of the twelfth month after the credit was approved for use within the system shall be deemed expired, and will be removed from your account. All credits subject to expiration will expire the last day of the twelfth month after the credit was approved for use within the system.