Last Updated: May 30, 2021
PLEASE READ THE FOLLOWING CAREFULLY BEFORE ACCESSING OR USING ANY PART OF THE SITE.
Site Access. During the period in which the Terms are in effect, we grant you permission to visit and use the Site, provided that you comply with these Terms and applicable law.
PERSONAL FINANCE ACCEPTANCE POLICY
You will not use this Site or any content contained in it for any illegal or inappropriate activities.
Our Services are intended to act as a portal to facilitate connecting users with personal finance companies, personal finance agents, personal finance brokers, lead aggregators, and other personal finance professionals (each, a “Provider”) who may be able to offer for sale and to sell personal finance products or services and other products or services to potential customers who have applied through the Site to receive personal finance products or other similar services from a Provider (the “Services”). Any person or entity that uses the Site are collectively called “Users” (hereinafter may be referred to as “you” or “your”). We may with a User’s authorization collect certain information about the User and provide such information to a Provider (a “Lead”). We are not responsible for any aspect of a Provider website or services, including but not limited to the legality, safety or quality of the products offered for sale by the Provider. Any products or services advertised on this Site or made available to you from a Provider are and remain the sole responsibility of the respective product vendors and service providers.
Provision of Contact Information
By voluntarily providing your personal contact information to us on the Site or in connection with the Services, you consent to our and our service providers and partner’s use of such information to contact you in connection with the Services chosen, including (where applicable) using your mobile telephone number to call and transmit text messages to your mobile device.
Your Access and The Use of our Services.
We do not charge you to access the Site. We grant you a limited, revocable, personal and non-exclusive license to access the site and the text, images, maps, files, photos, information other materials on the Site (the “Content”) in order to view, access or make inquires to us in your personal (non-commercial) capacity regarding our Services, in accordance with these Terms. Any other use of the Site is expressly prohibited. This limited license does not include any right of display, copying, aggregation, collection, or derivative use of the Site nor any right of use of spiders, data mining, robots or similar data extraction and gathering tools without our prior express written permission. Any rights not expressly granted herein are reserved by us.
We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is solely at your own risk and responsibility.
Modifications to the Site and Services.
We may change, discontinue or suspend any aspect of the Site or the Services at any time, including the availability of the Site features, Content and Services. We may also impose limits on certain services or features or restrict your access to all or part of the Site without notice to you or liability to us. We shall have no liability for any scheduled or unplanned system outages, including due to any third-party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site and the Services, and in particular for the resulting unavailability of the Site, any resultant loss of data or any resultant delay or non-delivery of information.
We are an Independent Contractor.
You acknowledge and agree for all purposes we are an independent contractor. Instead, through our Services, we may help to connect you with Providers that might meet your needs based on information that you provide to us. We do not provide any type of investment, insurance, tax, financial, legal or any other advice. We do not issue insurance coverage, insurance contracts or bind coverage. We also do not provide personal finance products or services. We are not responsible for, nor do we assume any financial or other liability whatsoever, for the conduct of any Provider. We do not, and will not, make any coverage with any Provider referred to you.
You are Responsible for Your personal finance, investment, loan, savings, and insurance decisions.
We do not guarantee that any Providers to whom we send a User’s application will contact a User or agree to provide the User with the requested investment, savings, or loan products or services or insurance coverage.
It is your responsibility to investigate Providers. You acknowledge and agree that Providers are solely responsible for the services that they may provide to you and that we are not liable for any losses, costs, damages or claims in connection with, arising from, or related to, your use of the Services. If you would like personal advice or specific recommendations, please consult with a qualified professional fully aware of your specific individual circumstances before you make any personal finance decision.
Use of Content.
You may not modify the Content on the Site or utilize the Content for any commercial purpose or any other public display, performance, sale or rental, decompile, reverse engineer or disassemble the Content or materials or transfer the Content or materials to another person or entity. Except as otherwise permitted under copyright law of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content as permitted by these Terms is permitted by you without our prior written permission.
No Abuse or Interference.
Any use of the Site or of the Services other than the Intended Use described above and unless expressly authorized, constitutes a contravention of these Terms. You agree not to abuse, disrupt, or interfere with, the Services in any way, and not to violate these Terms in any way, nor to allow use by others in such a way as to violate these Terms. In particular, but without limitation, you agree not to do any of the following: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content, except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, "robots" and "spiders") to access the Site; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site.
No Monitoring of Content/No Endorsement of Links
We have no obligation to pre-screen or otherwise monitor any other Third Party Content (as defined below) available on the Site or accessible through the Services. We have no control over the content of any hyperlinked third party websites and shall have no obligation to review the content of such third party websites.
We make no representations or endorsements regarding the quality, safety, truth, accuracy, reliability, completeness, condition or usefulness of any Third Party Content posted on the Site, hyperlinks to third-party websites outside of the Site, or any content posted on third party websites. We are, in particular, not liable for the terms and consequences of any commercial transaction concluded as a result of any advertisement placed on or available through the Site. You agree that you must evaluate, and bear all risks associated with the use of any Third Party Content or with the use of any third-party websites.
You understand that by accessing certain areas of the Site, you may be exposed to content that is inaccurate, misleading, objectionable, offensive, indecent or otherwise inappropriate, especially for children.
Our Intellectual Property
Our name, graphics, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States and/or other countries (collectively, the “Marks”). You may not use the Marks without our prior written permission. The information, advice, data, software, and content viewable on, contained in, or downloadable from our Services (collectively, the “Content”), including without limitation, all text, graphics, charts, pictures, photographs, images, videos, line art, icons, and renditions, are copyrighted by, or otherwise licensed to us or our Content supplies. Any software used on or within our Services is our property or the property of our software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content does not entitle you to any ownership or intellectual property rights to the Content or the software.
You are solely responsible for any damages resulting from your infringement of our or any third-party’s intellectual property rights and/or any other harm incurred by us or our affiliates as a, direct or indirect, result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of these Terms.
Intellectual Property of Third Parties
The Site enables you to view, access, link to, and use content from Third Party Sites (as defined below) that are not owned or controlled by us (“Third Party Content”). You acknowledge and agree that rights in any Third Party Content presented to you through the Services and to any other websites to which this Site links, including copyright, trademarks, logos, service marks, patents or other proprietary rights and any other intellectual property rights not owned by the us, belong to their respective owners. We make no proprietary claim to any third-party names, trademarks, or service marks appearing through our Services. We are not responsible for, and we expressly disclaim all warranties regarding the accuracy, appropriateness, usefulness, safety or intellectual property rights of or relating to any Third Party Content.
We respect the intellectual property rights of others and expect our Users to do the same. We will, in appropriate circumstances, disable or terminate the accounts of Users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of ours and/or others.
Links to Third Party Sites.
The Site may contain links to other websites hosted by other parties (“Third Party Sites”) and may enable you to post content or provide information to such Third Party Sites that are not owned or controlled by us. In addition, such Third Party Sites may contact you based on information you provide to such Third Party Sites. We are not affiliated with, have no control over, and assume no responsibility for the Third Party Content, privacy policies or practices of any Third Party Sites. We provide these links and references to you solely as a convenience and our inclusion of any link or reference does not imply endorsement of the Third Party Sites or resources.
Please be advised, however, that knowbetterplanbetter.com may be compensated by the respective institutions responsible for such Third Party Sites for linking Users to such Third Party Sites, for linking users to such Third Party Sites who are approved for a personal finance, investment, loan, savings, or insurance product sponsored by such third party institutions, or for a variety of other reasons.
We are not responsible for the availability of such Third Party Sites or resources, and we do not endorse and are not responsible or liable for any Content, advertising, products, services or any other materials on or available through these Third Party Sites.
We encourage all Users to use appropriate caution when interacting with anyone whom you may be doing business with specifically via the Site or generally via the Internet.
THE SITE, INCLUDING ALL CONTENT, SERVICES, FUNCTION, SOFTWARE, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. WE DO NOT PROVIDE OR OFFER MAINTENANCE OR SUPPORT SERVICES FOR ANY PORTION OF THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO RESPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE SERVICES, INFORMATION, FUNCTIONS, MATERIALS AVAILABLE THROUGH THE SITE, FOR ANY SERVICES OR PRODUCTS, LINKS OR HYPERLINKS, TO THIRD PARTIES OR FOR ANY BRAECH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITIATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE OR ANY SERVICES, CONTENT OR MATERIALS CONTAINED THEREIN WILL MEET YOUR NEEDS, BE COMPLETE OR ACCURATE, BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT USER'S OWN DISCRETION AND RISK, AND USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. NO INFORMATION OBTAINED BY USER THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY.
TO THE EXTENT PERMISSIBLE BY LAW, IN NO EVENT AND UNDER NO CIRCUMSTACES SHALL WE, OR OUR OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENT, SUBSIDIARIES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION (EVEN IF WE OR SUCH OTHER PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES), RESULTING FROM OR RELATING TO OR ARISING UNDER THESE TERMS OR OUT OF YOUR USE, MISUSE OF OR INABILITY TO USE THE SITE OR THE SERVICES. THE PARTIES INTEND THAT THIS LIMITATION SHOULD APPLY EVEN IF IT CAUSES ANY WARRANTY OR ANY REMEDY TO FAIL OF ITS ENSSENTIAL PURPOSE.
Our total cumulative potential liability to you for any cause and under any legal theory will be limited to the amount paid by you, if any, to us (and not to any third party as a result of the Service) for your use of the Site or the Services.
This liability is limited, to the fullest extent permitted by law. Some jurisdictions may not allow the exclusion or limitation of liability for incidental or consequential damages, in which case some of the limitations, exclusions and disclaimers in these terms may not apply to you. To the extent that we may not, as a matter of applicable law, limit our liabilities, the extent of our liability shall be the minimum permitted under such applicable law.
You are solely responsible for your actions when using the Site and Services. You agree to defend, indemnify and hold harmless us, and our affiliates, and our respective officers, directors, shareholders, employees and agents (collectively, “Released Parties”), from and against and any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) as a result of, arising from or in connection with: (i) your use of, or inability to use the Site or the Services, (ii) any information posted on the Site or made available through the Services by you, (iii) your violation of these Terms (iv) your violation of any applicable laws, (v) your violation of any rights of any third party.
If any dispute arises between you and any Provider, any third party introduced through a Lead, or any other user of the Site, you understand and agree that we are under no obligation to become involved and you hereby release, and forever discharge the Released Parties from any and all manner of claims, causes or action, proceedings, obligations, liabilities, legal fees, costs, and disbursements or any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute or your use of the Site. If you are a California resident, you hereby waive California civil code section 1542, which says: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." If you are a resident of a state other than California, you explicitly waive the terms and protections of any statute of your own state that has a similar import or intent.
Legal Disputes You and we agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to the Services will be resolved in accordance with the provisions set forth in this Legal Disputes section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
The substantive laws of the State of New York, USA, without regard to its conflicts of law provisions, will govern the Terms and the relationship between you and us and any other matter connected with, or deriving from, the Site or the Services, notwithstanding your actual place of residence. and you hereby agree to submit to the exclusive personal jurisdiction of such courts for such purpose.
Agreement to Arbitrate
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 products or services sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that 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").
- 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.
- 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 the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA's site at http://www.adr.org.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of New York, 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 the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $5,000 or less, you or we may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rule, 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. If your Claim exceeds $5,000, the right to a hearing will be determined by the AAA Rules. Except as otherwise provided for in this section, in any arbitration between you and us, all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above where the value of the relief for damages do not exceed $10,000 shall, at your written request, be paid by us. Any request for payment of fees by us shall be submitted by mail to the AAA along with your demand for arbitration, and we will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If, however, the arbitrator finds that either the substance of the relief sought is frivolous or brought for an improper purpose, you agree to reimburse us for all monies previously disbursed that are otherwise your obligation to pay under the AAA Rules.
With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate ("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 Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief") is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply.
- Future 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 the Agreement to Arbitrate 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 30 days before the effective date of the changes and/or by email.
Judicial Forum for Legal Disputes
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in New York, New York. You and we agree to submit to the personal jurisdiction of the courts located within New York County, New York for the purpose of litigating all such claims or disputes. You also agree that: (i) our Services shall be deemed solely based in the State of New York; and (ii) our Services shall be deemed passive Services that do not give rise to personal jurisdiction over us and our assigns, either specific or general, in jurisdictions other than the State of New York.
Forms. Your receipt of an electronic or other form of order confirmation does not signify any acceptance of your personal finance, investment, loan, savings, or insurance request nor does it constitute confirmation of any offer to provide a policy. We reserve the right at any time after receipt of your request to further transfer the request or decline your request for any reason.
Assignment. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by us without restriction or notification to you.
Survival. Any protection of intellectual property rights, any of your representations and warranties and any limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the Services.
Waiver. Any waiver of any provision of these Terms will be effective only if made in writing and signed by us; any delay or failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
We can be contacted at: firstname.lastname@example.org