Terms of Use
myfinanceinsider.com is owned by BROADSURF LLC (“Broadsurf LLC”) (“we, our, or us”). “Broadsurf”, “us” or “we” means BROADSURF LLC (“Broadsurf LLC”), its subsidiaries, affiliates, and any website operated by Broadsurf LLC.
myfinanceinsider.com (“myfinanceinsider.com”) requires that you carefully read,
understand
and
agree to the following terms and conditions contained in this Terms of Use
Agreement
(“Terms
of
Use”). By accessing, browsing or using this website, or any page thereof,
through
any
direct
or
indirect means, or by using the goods, facilities or services offered in or
through
the
Websites
(including through alternative methods such as telephone, mail, text, email or
facsimile),
you
accept and agree to be bound by these Terms of Use.
You acknowledge that these Terms are supported by reasonable and valuable
consideration,
the
receipt and adequacy of which is hereby acknowledged. Without limiting the
foregoing,
you
acknowledge that such consideration includes, without limitation, your ability
to
visit,
use
and/or submit information to the Site or our services.
You represent that you have the capacity to be bound by these Terms, or if you
are
acting on
behalf of a company or other entity, you have the authority to bind such company
or
entity.
If you do not agree to these Terms of Use, you are not authorized to access or
use
the
Websites
and you are to cease accessing or otherwise using the Websites.
For purposes of these Terms of Use, “You” or “Your” means the person(s) using
the
Websites,
and/or the goods, facilities or services of myfinanceinsider.com (“Services”)
and
its
affiliates. “You” or “Your” also includes the person(s) that have given consent
to
others to
provide information about themselves to myfinanceinsider.com (as defined below),
the
banks,
lenders, financial institutions, providers, brokers, aggregators, and providers
of
other
goods
and services (“Providers”).
“myfinanceinsider.com”, “us” or “we” means myfinanceinsider.com, its
subsidiaries,
affiliates,
and any website operated by myfinanceinsider.com.
1. Modification of Terms of Use
myfinanceinsider.com operates the Websites and has the right at any time to change or discontinue any aspect or feature of the Websites and the right to modify the terms and conditions applicable to users of the Websites, including these Terms of Use. Such changes, modifications, additions or deletions shall be effective immediately upon posting on the Websites. Any use by You of the Websites or the goods, facilities or services offered in or through the Websites shall be deemed to constitute acceptance of such changes.
2. Access and Use of Website
By accessing the Websites, you agree to be bound by these Terms of Use. The Websites are intended for individuals who are at least 18 years of age and reside in the United States and the District of Columbia. If you are under 18 years of age or reside outside of the United States or the District of Columbia, You should not be visiting the Websites or utilizing myfinanceinsider.com Services.
3. Consumer Privacy Policy
The myfinanceinsider.com Privacy Policy, hereby incorporated by reference into these Terms of Use, explains the policy applicable to the information that is collected through the Websites received directly from You or transmitted to or from third parties.
4. Consent to Receive Electronic Disclosures and Communications, including Autodialed Calls, Pre-Recorded Calls, Text Messages and Email
Although we may communicate with You by regular mail, we may communicate with
you by
email
or by
posting notices on the Website. You agree to receive communications from us
electronically
and
that all agreements, notices, disclosures and other communications that we
provide
to you
electronically (“Disclosures and Communications”) satisfy any legal requirement
that
such
communications be in writing.
Disclosures and Communications may transmit or convey information about action
taken
on Your
request, portions of Your request that may be incomplete or require additional
explanation,
any
notices required under applicable law, which may include any Federal
Truth-in-Lending
disclosures, State disclosures, other terms, conditions and documents, and the
privacy
policies
of myfinanceinsider.com, and Providers.
If at any time you do not wish to continue to receive communications from
myfinanceinsider.com,
Click Here. If you wish to discontinue
communications
from
Providers contact them directly.
5. Use of the Website in the United States
The Website is controlled and/or operated from the United States, and is not intended to subject us to non-U.S. jurisdiction or laws, except as otherwise expressly stated in this Agreement. The Website may not be appropriate or available for use in some jurisdictions outside of the United States. In choosing to access the Website, You do so on Your own initiative and at your own risk, and You are responsible for complying with all local laws, rules and regulations, including any export controls, embargoes or other rules and regulations restricting exports. We may limit the Website’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
6. Copyright, Trademark and Service Mark Notices
All contents of the Websites are subject to copyright and other protection.
myfinanceinsider.com
is a trademark of myfinanceinsider.com. Other product and company names
mentioned
herein,
including the names of Providers, may be the trademarks of their respective
owners.
Nothing on the Websites should be construed as granting, by implication,
estoppel or
otherwise, any license or right to use any service mark or trademark
(individually
and
collectively, “Mark” or “Marks”) displayed on the Websites, without the prior
written
permission
of the myfinanceinsider.com or the applicable Mark holder specific for each such
use. The
Marks
may not be used to disparage myfinanceinsider.com, the Providers, the applicable
third party
or
the products or services of such parties, nor shall they be used in any manner
that
may
damage
any goodwill in the Marks. Use of any Mark as part of a link to or from any site
is
prohibited
unless establishment of such a link is approved in advance by
myfinanceinsider.com
in
writing.
Everything that appears on the Websites is protected under the copyright
laws of the
United States and other countries and may not be used except as provided in
these
Terms of
Use.
myfinanceinsider.com neither represents nor warrants that Your use of materials
displayed at
the
Websites will not infringe rights of third parties.
7. Disclaimers and Liability
The Websites and Services are subject to change without prior notice, and
myfinanceinsider.com
has no ability to control the availability of any Provider’s goods and services,
which may
change without prior notice. UNDER NO CIRCUMSTANCES WILL myfinanceinsider.com BE
LIABLE FOR
ANY
LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE
WEBSITES.
IT IS
YOUR
RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY
INFORMATION,
OPINION,
ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITES.
THE WEBSITES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES
ASSOCIATED
WITH IT
ARE
PROVIDED “AS IS”. myfinanceinsider.com AND/OR ITS SUPPLIERS, SERVICE PROVIDERS,
LENDERS, OR
PROVIDERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO
ANY
MATTER
WHATSOEVER RELATING TO THE WEBSITES AND ANY INFORMATION, SOFTWARE, PRODUCTS AND
SERVICES
PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF
MERCHANTABILITY,
FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THE WEBSITES AND/OR
myfinanceinsider.com's SERVICES IS AT YOUR OWN RISK. myfinanceinsider.com AND/OR
ITS
SUPPLIERS,
SERVICE PROVIDERS, LENDERS, OR PROVIDERS ARE NOT LIABLE FOR ANY DIRECT,
INDIRECT,
PUNITIVE,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR
IN
ANY WAY
CONNECTED WITH THE USE OR THE INABILITY TO USE THE WEBSITES AND/OR
myfinanceinsider.com's
SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITES, OR FOR ANY
INFORMATION,
SOFTWARE,
PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITES, DATA OR PERSONAL
INFORMATION,
DELAYS IN
OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT
RESULTING
FROM ACTS
OF
GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO
myfinanceinsider.com
RECORDS, PROGRAMS OR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE
WEBSITES,
WHETHER
RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE,
STRICT
LIABILITY OR OTHERWISE, EVEN IF myfinanceinsider.com AND/OR ITS SUPPLIERS, OR
PROVIDERS HAVE
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
8. Indemnity
As a condition of use of the Websites and/or myfinanceinsider.com's services, you agree to indemnify myfinanceinsider.com and its suppliers, and Providers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from Your use of the Websites, including without limitation any claims alleging facts that if true would constitute a breach by You of these Terms of Use.
9. Limitation on Damages
In no event will myfinanceinsider.com have any liability to you in excess of actual compensatory damages. You irrevocably waive any claim to consequential, punitive or exemplary damages.
10. Links to Third-Party Websites
myfinanceinsider.com has not reviewed any websites that may be linked to the Websites and is not responsible for the content of any off-site pages or any other sites linked to the Website. Your linking to any other off-site pages or other sites is at Your own risk.
11. Errors and Delays
myfinanceinsider.com is not responsible for any errors or delays in responding to a request or referral form caused by, including but not limited to, an incorrect email address provided by You or other technical problems beyond our reasonable control.
12. Release and Discharge
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE myfinanceinsider.com AND ITS SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEBSITE.
13. Dispute Resolution
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND myfinanceinsider.com
WILL
BE
RESOLVED
BY BINDING, INDIVIDUAL ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. IF A
DISPUTE
IS
ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR
CLASS
MEMBER
ON
ANY CLASS CLAIM YOU MAY HAVE AGAINST myfinanceinsider.com INCLUDING ANY RIGHT TO
CLASS
ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. DISCOVERY AND
RIGHTS TO
APPEAL
IN
ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS
AVAILABLE
IN
COURT
MAY NOT BE AVAILABLE IN ARBITRATION.
Except if You opt out or for disputes relating to Your relationship with
the
Website,
including disputes related to these Terms of Use (as provided for below), Your
use
of the
Website and/or rights of privacy and/or publicity will be resolved by binding,
individual
arbitration under the American Arbitration Association's rules for arbitration
of
consumer-related disputes and You and myfinanceinsider.com hereby expressly
waive
trial by
jury.
As an alternative, You may bring your claim in your local “small claims”
court, if
permitted by that small claims court's rules. You may bring claims only on your
own
behalf.
Neither You nor myfinanceinsider.com will participate in a class action or
class-wide
arbitration for any claims covered by these Terms of Use. You also agree not to
participate
in
claims brought in a private attorney general or representative capacity, or
consolidated
claims
involving another person's account, if myfinanceinsider.com is a party to the
proceeding.
This dispute resolution provision will be governed by the Federal
Arbitration Act.
In
the event the American Arbitration Association is unwilling or unable to set a
hearing date
within one hundred and sixty (160) days of filing the case, then either
myfinanceinsider.com
or
You can elect to have the arbitration administered instead by the Judicial
Arbitration and
Mediation Services. Judgment on the award rendered by the arbitrator may be
entered
in any
court
having competent jurisdiction. Any provision of applicable law notwithstanding,
the
arbitrator
will not have authority to award damages, remedies or awards that conflict with
this
Agreement.
You may opt out of this agreement to arbitrate. If You do so, neither
You
nor
myfinanceinsider.com can require the other to participate in an arbitration
proceeding. To
opt
out, You must notify myfinanceinsider.com in writing within 30 days of the date
that
You
first
became subject to this arbitration provision. You must use this address to opt
out:
BroadSurf LLC
ATTN: Arbitration Opt-out
2232 Dell Range Blvd., Suite 245 - 3096 Cheyenne, WY 82009
You must include your name and residence address, the email address You used,
and a
clear
statement that You want to opt out of this arbitration agreement.
The arbitrator's award is final and binding on all parties, except that
the
losing
party
may request a new arbitration under the rules of the arbitration organization by
a
three-arbitrator panel.
If the prohibition against class actions and other claims brought on
behalf
of third
parties contained above is found to be unenforceable, then all of the preceding
language in
this
Arbitration Clause will be null and void. This arbitration agreement will
survive
the
termination of Your relationship with myfinanceinsider.com.
In any arbitration, myfinanceinsider.com will pay the filing,
administration,
service or
case management fee, plus the costs associated with the first day of
arbitration,
with the
remaining costs to be paid by the non-prevailing party. myfinanceinsider.com
will
pay
additional
arbitration expenses to the extent that the arbitrator determines that
myfinanceinsider.com
must
do so in order to ensure the enforceability of this Arbitration Clause. Each
party
shall be
responsible for its own attorney, expert and other fees, unless awarded by the
arbitrator
under
applicable law.
Should a dispute arise and should the arbitration provisions herein
become
inapplicable
or unenforceable, or in any instance of any lawsuit between You and
myfinanceinsider.com,
the
parties agree that jurisdiction over and venue of any suit shall be exclusively
in
the state
and
federal courts sitting in Los Angeles, CA, except in the event of a claim in
small
claims
court
as provided for herein. If either party employs attorneys to enforce any right
in
connection
with any dispute or lawsuit, the prevailing party shall be entitled to recover
reasonable
attorneys' fees.
14. Agreement to Receive Text Messages
By providing your mobile number, you agree that BroadSurf LLC may send you periodic SMS or MMS messages containing but not limited to important information, updates, deals, and specials.
- Message frequency varies.
- You may unsubscribe at any time by texting the word STOP to the 469-256-3840. You may receive a subsequent message confirming your opt-out request.
- For help, send the word HELP to 469-256-3840.
- Message and data rates may apply.
- United States Participating Carriers Include AT&T, T-Mobile®, Verizon Wireless, Sprint, Boost, U.S. Cellular®, MetroPCS®, InterOp, Cellcom, C Spire Wireless, Cricket, Virgin Mobile and others.
- T-Mobile is not liable for delayed or undelivered messages.
- You agree to notify us of any changes to your mobile number and update your account with us to reflect this change.
- Data obtained from you in connection with this SMS service may include your cell phone number, your carrier’s name, and the date, time and content of your messages, as well as other information that you provide. We may use this information to contact you and to provide the services you request from us.
- By subscribing or otherwise using the service, you acknowledge and agree that we will have the right to change and/or terminate the service at any time, with or without cause and/or advance notice.
15. Other Terms
These Terms of Use constitutes the entire agreement between You and myfinanceinsider.com and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between You and myfinanceinsider.com.
These Terms of Use shall be subject to and construed in accordance with the laws of the State of Delaware, excluding its conflict of laws principles. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Use shall continue in effect.A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
If you have any questions please contact BroadSurf LLC
2232 Dell Range Blvd., Suite 245 - 3096 Cheyenne, WY 82009
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.