Terms and Conditions
Welcome to FreshwayFinancial.comThank you for choosing FreshwayFinancial.com (the “Site”). Your access to and use of the Site is subject to the Terms of Website Use set forth in this Agreement and is acknowledged by FreshwayFinancial (the “Company”)
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SITE.
By using the Website and Services, you agree to these Terms of Use (the “Terms”). You also consent to the collection and use of certain information about you, as specified in our privacy policy (the “Privacy Policy”). Please read the Terms and Privacy Policy carefully. If you do not understand the Terms or the Privacy Policy, please leave the Website and stop using the Services.
Changes
We may change the Terms or the Privacy Policy at any time by posting a new version of either on the Website. Please review the Terms and the Privacy Policy regularly. If at any time you find either unacceptable, please leave the Website and stop using the Services.
License
The Company authorizes you to use this Site and to display its content but solely for your own personal noncommercial use. Any other use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any material at the Site, use of the Site, or access to the Site. By using this Site, you acknowledge that you have read and understood the terms of the FreshwayFinancial.com Privacy Policy and agree to said terms.
Services
We are not a lender and do not make loans or credit decisions in connection with loans. Instead, we refer consumers seeking loans to lenders who may provide loans (the “Services”). We may refer a consumer directly to a lender, or we may refer a consumer to a third-party partner who then may refer the consumer to a lender. We may share consumer application information with more than one lender and/or third-party partner. Consumers who are not connected with a lender may be directed to a third-party website, which advertises third-party products and services (for additional information, see the section concerning Third-Party Websites, below).
We do not guarantee that we will connect you with a lender, or that your Application will be approved by a lender. Likewise, we do not guarantee the amount of funds that may be extended to you if a lender approves your application. We will not necessarily connect you with the lender that provides the best rates and terms.
We do not charge you fees for the Services. Instead, we receive fees from lenders and third-party partners for our referral services
We are not a party to any contract made between you and lenders for loans. All rights and obligations under the terms of the contract for a loan are solely between you and the lender. We do not warrant, endorse, guarantee or assume responsibility for any lender, or any product or service offered by a lender. You should use your own judgment in deciding which available loan product, terms or lender best suits your needs and financial means.
In order to use the Services, you must complete and submit an application (the “Application”). A completed Application includes your personal information, such as full name, address, telephone number, email address, social security number, driver’s license number, employer information and banking information. By using the Services, you authorize us to transmit your Application to one or more lenders and/or third-party partners. In addition, you authorize our lenders and/or third-party partners to verify your Application information, including by performing a credit check. Lenders and/or third-party partners to whom we have provided your Application information as part of the Services may store your Application information indefinitely, whether or not you are qualified for a loan or if you make a loan. We do not have control over your Application information stored by our lenders and/or third-party partners, and therefore we assume no liability or responsibility for any unauthorized access to, or use of, your Application information stored by our lenders and third-party partners.
Intellectual Property
All content that appears on the Site is protected under the copyright and trademark laws of the United States and other countries and may not be used except as provided in these Terms of Website Use. The Company neither represents nor warrants that your use of materials displayed at the Site will not infringe rights of third parties.
Inaccuracies
While the Company uses reasonable efforts to include accurate and up to date information at the Site, the Company makes no warranties or representations as to the Site’s accuracy. The Company disclaims any and all liability for the accuracy, completeness, or correctness of such information.
Security at the site
While the Company uses reasonable efforts to safeguard the security of the Site, there can be no guaranty that such safeguards will successfully prevent unauthorized alterations in the content or functionality of the Site. The Company assumes no liability or responsibility for any unauthorized alterations in the content or functionality of the Site.
Disclaimer of warranties
Neither the Company nor any other party involved in creating, producing, or delivering the Site makes any representations about the suitability of the content of this Site for any purpose, nor that your use of the Site will be uninterrupted or error-free. EVERYTHING ON THIS SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusions of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Limitation of liabilities
Neither the Company nor any other party involved in creating, producing, or delivering the Site assumes any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from this Site. Your use of and browsing in the Site are at your risk. NO SUCH PARTY SHALL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Links
The Company has not reviewed any sites that may be linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.
Conduct of site visitors
Although the Company may from time to time monitor or review postings, transmissions, and the like on the Site, the Company is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. The Company retains the right to remove any such posting and will fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting any such information or materials.
Dealings with advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
Notices
The Company may give notice to its users by means of a general notice on this Site, electronic mail to a user’s email address on its records, or by written communication sent by first class mail to a user’s address on its records.
Monitoring, copying, altering or interfering with the site is forbidden, and by using the Site you agree that you will not use any robot, spider, Web crawler, screen scraper, automated query program or other automatic device or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere, or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our Web site without the prior expressed written permission of the Company or the appropriate third party.
General information
These Terms of Website Use shall be governed by and construed in accordance with all laws, without giving effect to any principles of conflicts of law. Without limiting the general applicability of the arbitration provision set forth, you agree that any action at law or in equity arising out of or relating to these Terms of Website Use shall be filed only in the state or federal courts and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provisions of these Terms of Website Use shall be unlawful, void, or for any reason unenforceable, then the provision shall be deemed severable from these Terms of Website Use and shall not affect the validity and enforceability of any remaining provisions. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
Mandatory arbitration
If you have any dispute concerning any aspect of these Terms of Website Use, the Website, or any of our services, you agree to submit your dispute for resolution by arbitration before the American Arbitration Association (“AAA”) in the county where you live by filing a Demand for Arbitration. The arbitrator will have exclusive authority to resolve any dispute including any claim that all or any part of these Terms of Website Use are unenforceable.
If we have a dispute, we will submit our dispute for resolution by arbitration before the AAA in the state of Delaware. If either party files for arbitration, it will be conducted in accordance with the then current AAA Commercial Arbitration Rules. The arbitrator will have exclusive authority to resolve any dispute including any claim related to your use of the Website, or any of our services. If either party proceeds to arbitration, each party will pay its own AAA filing, administration and arbitrator fees unless the arbitrator determines that a party’s claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), in which case the party submitting such claim shall pay for all filing, administration and arbitrator fees. For claims brought by you of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. Each party agrees that the arbitration proceedings and results of such proceedings shall be kept confidential. This provision shall not be construed to preclude any party from seeking injunctive relief in a court of competent jurisdiction to protect its rights pending an outcome in arbitration.
If we have a dispute, we will submit our dispute for resolution by arbitration before the AAA. If either party files for arbitration, it will be conducted in accordance with the then current AAA Commercial Arbitration Rules. The arbitrator will have exclusive authority to resolve any dispute including any claim related to your use of the Website, or any of our services. If either party proceeds to arbitration, each party will pay its own AAA filing, administration and arbitrator fees unless the arbitrator determines that a party’s claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), in which case the party submitting such claim shall pay for all filing, administration and arbitrator fees. For claims brought by you of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. Each party agrees that the arbitration proceedings and results of such proceedings shall be kept confidential. This provision shall not be construed to preclude any party from seeking injunctive relief in a court of competent jurisdiction to protect its rights pending an outcome in arbitration.
YOU ACKNOWLEDGE AND AGREE THAT, VIA YOUR ACCEPTANCE OF THESE DISPUTE RESOLUTION PROVISIONS, YOU WAIVE ANY RIGHT TO A JURY TRIAL, AS WELL AS YOUR RIGHT TO BRING, JOIN OR PARTICIPATE AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS ACTION SUIT OR MULTI-PARTY ARBITRATION BROUGHT AGAINST US, ANY PERSON RELATED TO US OR A SERVICE PROVIDER USED BY US TO PROVIDE THE SERVICE.