Terms of Use - CapitalHomeFinance

Please read these Terms of Use (“Agreement”, “Terms of Use”) carefully before accessing this website and its services (“Site”), operated by Capital Home Finance (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of this Site.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION, WAIVER OF JURY TRIAL AND CLASS ACTION. IF YOU DO NOT AGREE WITH THESE PROVISIONS, DO NOT USE THIS WEBSITE OR SERVICES. By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials through direct or indirect means or by using the goods or services provided and offered through these Services by any methods (including telephone, mail, text, or email), you agree to be bound by these Terms of Use (the terms “Service” and “Services” include use through these methods).

This site and its related, affiliated, and subsidiary companies disclaim all warranties, implied or expressed, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

In no event shall this site and its related, affiliated, and subsidiary companies be liable for any direct, indirect, special, incidental, or consequential damages arising out of the use of this Service or the information provided on this Site.

You acknowledge and agree that we are not a lender, broker, investor, insurance provider, financial institution, home services contractor, real estate professional, or other Service provider. We provide internet marketing services through this website for the benefit of Third Parties only. You acknowledge and agree that we are solely an intermediary between you and such persons or institutions and, therefore, we expressly disclaim any and all liability to any content, Services, insurance, and/or financial products provided by such parties.

It is your responsibility to evaluate the accuracy, completeness, and usefulness of any opinions, advice, services, or other information provided herein or by any third party. Consult your own legal, tax, health professionals with respect to your personal situation.

This Service provides information regarding products and/or services for consumers and allows consumers to submit an inquiry for additional information. We do not charge users of this site a fee to use this service.

Compare Services

We may provide your information to multiple businesses which may contact you. This allows you to compare products and services prior to making a purchase. Personal information submitted in connection with this Service is subject to our Privacy Policy. Some of the businesses who contact you may be subject to Federal and State laws and regulations for their practices. Please review the privacy practices of all third parties who contact you.

If you submit an inquiry on this site, your information will be shared and/or purchased by our network of clients including but not limited to:

Insurance Professionals
Home Service Businesses (i.e., solar, roofing, windows, etc.)
Mortgage companies
Credit consultants
Real Estate Professionals
Financial Institutions
Any other business in our network that may be related to the service or product you have expressed interest in.

Your inquiry on this site is not, and is not intended to be, any type of application for any product or service. Prior to submission of your inquiry, you agree to the following:

You agree to share your information with businesses in our network and allow them and us to contact you via telephone, mobile device (including SMS and MMS), and/or email, even if your telephone number is currently listed on any state, federal, or corporate Do Not Call list.
You agree to receive prerecorded or autodialed calls, texts, and emails from us and any affiliates, partners, and vendors to the phone numbers, mobile numbers, and email addresses you have provided.
You understand and agree that your consent is not a condition, directly or indirectly, of a purchase and that data and message rates may apply if charged by your provider.
You understand that requirements to qualify for a particular insurance or financial product are made by the individual businesses which offer such products and services. We do not endorse, warrant, or guarantee the products or services of any businesses that may contact you.

Intellectual Property

The Site and its original content, features, and functionality are owned by Capital Home Finance and are protected by all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto (collectively “Services Content”). Distribution of this property is prohibited unless consent is given.

Any company logos used in connection with this Site are the exclusive property of the respective companies and are used with permission.

Except as otherwise specifically provided in this Agreement, you may not download or save a copy of the Services Content or any portion thereof, for any purpose; however, you may print a copy of individual screens appearing as part of the Services Content solely for your personal, non-commercial use or records, provided that our marks, logos, or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens.

Except as otherwise expressly permitted herein, you may not publish, modify, copy, display, transmit, adapt, or in any way exploit any portion of our Services Content. Exceptions may be considered if you first obtain prior written consent from us and from all other entities with an interest in the relevant intellectual property.

Anti-Spam Policy

We take all commercially reasonable efforts to avoid Spam. If you have received unwanted email from us, please contact us at [email protected], and we will remove you from our email marketing lists.

Prohibited Use

This Site provides Services for U.S. residents only. You may use the Service only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use this Service in any way that violates any applicable federal, state, local, or international law or regulation.

It is prohibited to directly or indirectly interfere, or attempt to interfere with the proper working of this Service or system integrities or securities.

It is prohibited to use any robot, spider, other automatic device, or manual process to monitor or access or copy our web pages or any content without our prior expressed written permission.

It is prohibited to use any manual process to monitor or copy any of the material on this Service or for any other unauthorized purpose without our prior written consent.

It is prohibited to represent yourself as someone else or hide or attempt to hide your identity.

Limitation of Liability

Insurance and/or financial products which may be offered are intended for residents of states in which the insurance company/financial company is authorized to do business. Products available may vary by state.

In no event shall we, nor any subsidiaries, licensors, directors, shareholders, employees, partners, agents, suppliers, or affiliates, be liable for damages, direct or consequential, resulting from your use of the Service.

You agree to defend, indemnify, and hold harmless from any claims, losses, liability costs, and expenses, including but not limited to attorney’s fees, arising from your violation of any third-party’s rights or any errors, omissions, or other inaccuracies in, or destructive properties of this Service or the Service Content, Us as well as any subsidiaries, licensors, directors, shareholders, employees, partners, agents, suppliers, or affiliates associated with your use of the Site.

RELEASE

YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE Capital Home Finance AND ITS OWNERS, AFFILIATES, SUBSIDIARIES, SERVICE PROVIDERS, CLIENTS, MARKETING PARTNERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES 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 WHATSOEVER WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THIS SITE AND SERVICE.

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. BY USING OR ACCESSING THE SERVICES OF THE COMPANY, YOU AGREE TO THESE TERMS AND CONDITIONS OF THIS ARBITRATION AGREEMENT. DO NOT USE THE COMPANY’S SERVICES OR SUBMIT ANY CONTACT INFORMATION IF YOU DO NOT AGREE TO THESE TERMS.

Review this section carefully. This arbitration provision limits your and the Company’s ability to litigate claims in court and you and the Company each agree to waive your respective rights to a jury trial or a state or federal judge. You agree that you will not file any lawsuit against us in any state or federal court. This arbitration agreement includes claims related to our clients, service providers, and marketing partners, which are third party beneficiaries of this arbitration agreement.

DISPUTE RESOLUTION AND CLASS ACTION PROHIBITION.

You and we each agree that any and all disputes or claims that have arisen or may arise between you and us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to our Services, or any Product sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that if our claims are under $1,000.00 you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate section (this “Agreement to Arbitrate”).

Arbitration Procedures

Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of this Agreement as a court would.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of this Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or this Agreement is void or voidable.

The arbitration will be conducted by JAMS under its rules and procedures pertaining to Consumer-Related Disputes, as modified by this Agreement to Arbitrate. The arbitration shall be held in a mutually agreed location. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of Delaware, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Costs of Arbitration

Payment of all filing, administration, and arbitrator fees will be governed by JAMS rules, unless otherwise stated in this Agreement to Arbitrate. You may obtain these costs through JAMS website.

Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND US AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OUR OTHER USERS.

Severability

With the exception of “Prohibition of Class and Representative Actions and Non-Individualized Relief”, if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in this Agreement is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and any legal disputes sections will continue to apply and that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in the County of Arapahoe, state of Colorado.

Changes to the Agreement to Arbitrate

Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or site link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the change. The change shall apply to all other disputes or claims governed by this arbitration provision that have arisen or may arise between you and us. We will notify you of changes to this Agreement to Arbitrate by posting the amended terms on our Services at least 3 days before the effective date of the changes and/or by email.

THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION. YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.

NO WARRANTY

THE CONTENT AND ALL SERVICES ASSOCIATED WITH OUR SERVICES ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SERVICES OR THE INFORMATION, CONTENT, MATERIALS, SERVICES INCLUDED ON OR ASSOCIATED WITH OUR SERVICES INCLUDING ANY LOAN YOU MAY CHOOSE. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK.

WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT A LENDER, BROKER, INVESTOR, FINANCIAL INSTITUTION OR OTHER SERVICE PROVIDER. YOU ACKNOWLEDGE AND AGREE THAT WE ARE SOLELY AN INTERMEDIARY BETWEEN YOU AND SUCH PERSONS OR INSTITUTION AND, THEREFORE, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR ANY CONTENT, SERVICES OR LOANS PROVIDED BY SUCH SERVICE PROVIDERS.

WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES OR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES AND ANY PRODUCT OR SERVICE YOU ACCEPT.

WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT OF OUR SERVICES MAY BE AVAILABLE FOR DOWNLOADING FROM OUR SERVICES IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, BOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY QUOTES OR OFFERS PROVIDED ON OR THROUGH OUR SERVICES.

Except as expressly set forth herein, we are not responsible for any incorrect or inaccurate information or entry of information, whether caused by a user of our Services or by any of the equipment or programming associated with or utilized in connection with our Services or any Services provided on or through our site, or by any technical or human error which may occur in the processing of information received by us.
We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, information received or submitted in connection with our Services.
We cannot be responsible for any problems, errors or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, or software, or any failure of email on account of technical problems or traffic congestion on the Internet or at our Services or combination thereof, including injury or damage to participants or to any other person’s computer related to or resulting from use of our Services or Services Content.

LIMITATION OF LIABILITY

IN NO EVENT WILL WE, OUR PARENTS, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES AND SHAREHOLDERS BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SERVICES OR SERVICES CONTENT, EVEN IF ALL SUCH PARTIES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE SERVICES OR THE SERVICES CONTENT. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

RELEASE

YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE COMPANY AND ITS SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES 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 WHATSOEVER WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.

Indemnification

You agree to indemnify and hold the Company, its subsidiaries, affiliates, agents, shareholders, officers, contractors, vendors, employees, and service providers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this site/service, the violation of this Agreement by you, or the infringement by you, or other user of this Service using your computer, of any intellectual property or other right of any person or entity. The Company and its Service providers assume no responsibility whatsoever for such content or actions. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Termination

If you breach or violate any part of this Agreement or provisions in the Privacy Policy, you may no longer use this Service. The Company may, at its sole discretion, change, suspend, or terminate, temporarily or permanently, this Service or any part of it at any time, for any reason, without notice to you and without liability to you or any other person. You agree that all terminations for cause shall be made at the Company’s sole discretion and shall not be liable to you or any third party for any termination.

Changes To This Agreement

We reserve the right to change any content, features, or functions of our Services without prior notice. We may deny you access to the Services for any reason without prior notice if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms, our legal rights, or the legal rights of any third party or are otherwise inappropriate. We are not responsible for any errors or delays in providing the Services whether caused by errors in the registration information you provided by any technical problems in our system.

We reserve the right to make changes to this Agreement and the posted Privacy Policy. Any changes made will be effective from the date of such posting without further notice to you. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms of Use