(Effective Date: May 6th, 2018)
This page states the terms and conditions of use ("Terms") under which you, and/or your agents ("you" or “your”) may use this Website (autoloanrate.com) and the associated services.
Please read these Terms carefully. These Terms constitute a binding agreement between you and AutoLoanRate.com and are deemed accepted by you each time you use or access the Website or Services (as defined in Section 1 below). If you do not accept the Terms stated here, do not use the Website and the Services. Please note that the Website is only intended for viewing in the continental United States if you are Eighteen (18) years or older and not a minor in your state of residence. If you are not an intended viewer, kindly do not use or view the Website or the Services.
1. Terms of Use
This website (the “Site”) and associated services (the "Services") are owned and operated by Rock Front, LLC (“we”, “us” or “our”). As part of the Services, we agree to provide you with information and other computer services subject to these Terms. You agree to use the Site and Services in accordance with these Terms. Accessing the Site, in any manner constitutes use of the Site and Services such that the party accessing the Site is bound by these Terms.
We reserve the right to revise these Terms at any time by posting an updated version of the Terms to this web page. The “Last Updated Date” at the top of this agreement will indicate when the latest modifications were made. To the fullest extent permitted under applicable law, by continuing to access the Site or use the Services after we post any such changes, you accept the Terms, as modified. You should visit this page periodically to review the most current Terms because they are binding on you. Furthermore, unless explicitly stated otherwise, any new features or services that augment or enhance the Website or Services in the future shall be considered part of the Website and subject to these Terms. We reserve the right at any time and from time to time to interrupt, restrict, modify, suspend, discontinue, temporarily or permanently, the Website and/or Services (or any portion thereof), with or without notice to you, and you agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any or all of the Website or Services. Moreover, we may terminate these Terms for any or no reason, and with or without notice to you. Users who violate these Terms may have their access and use of the Site suspended or terminated, at our sole discretion. Upon termination of these Terms, you shall cease all use of the Website or Services.
Certain features of the Website or Services may require you to download content, software and/or agree to additional terms and conditions, policies and disclaimers (collectively, “Additional Terms”), which are hereby incorporated by reference into these Terms. If there is a conflict between these Terms and any Additional Term, the Additional Term will control with respect to the specific feature.
The Website is for your personal, non-commercial use. Any other use of the Website requires the prior written consent of us.
2. Eligibility
You must be 18 years of age or older to visit or use the Site in any manner. By visiting the Site or accepting these Terms, you represent and warrant to us that you have reached the age of majority in your state of residence, and that you have the right, authority and capacity to agree to and abide by these Terms. You also represent and warrant to us that you will use the Site in a manner consistent with any and all applicable laws and regulations.
3. Use of AutoLoanRate.com Content
We grant you a limited, nonexclusive, nontransferable license to view, bookmark, download and print the pages within the Website, the Services, and the content incorporated therein. You are solely responsible for obtaining, paying for, repairing, and maintaining all of the equipment, telephone lines and other material that you need to access the Website and/or the Services. You understand and agree that your use of the Website, any page(s) therein, and/or the Services, including but not limited to any download(s), is solely at your own risk and that you will be solely responsible for any damage to your computer, any other equipment, or loss of data that may result from such use. You agree that the Website, and Services, and any download(s), are provided on an “as is” and “as available” basis. The contents of the Website such as text, graphics, images, logos, button icons, software and other AutoLoanRate.com content (collectively, "AutoLoanRate.com Content"), are protected under both United States and foreign copyright, trademark and other laws. All AutoLoanRate.com Content is the property of us or our content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the Website is the exclusive property of us and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the AutoLoanRate.com Content may violate these laws, and is strictly prohibited. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original AutoLoanRate.com Content on any authorized copy you make of the AutoLoanRate.com Content.
You agree not to sell or modify the AutoLoanRate.com Content or reproduce, display, publicly perform, distribute, or otherwise use the AutoLoanRate.com Content in any way for any public or commercial purpose, in connection with products or services that are not those of the Website, in any other manner that is likely to cause confusion among consumers, that disparages or discredits us or our licensors, that dilutes the strength of our or our licensor’s property, or that otherwise infringes on our or our licensor’s intellectual property rights. You further agree that you will not in any other way misuse AutoLoanRate.com Content that appears on this Website. The use of the AutoLoanRate.com Content on any other web site or in a networked computer environment for any purpose is prohibited. Any code or algorithm that we create to generate or display any AutoLoanRate.com Content or the pages making up the Website is also protected by our copyright and you may not copy or adapt such code or algorithm. You may establish a hypertext link to the Website so long as the link does not state or imply any sponsorship of your site by us.
4. AutoLoanRate.com Website Restrictions
You may not use the Website in order to transmit, post, distribute, store or destroy material, including without limitation, AutoLoanRate.com Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of any person or entity, or (c) in a manner that threatens, harasses or defames any person or entity.
You are also prohibited from violating or attempting to violate the security of the Website, including without limitation, the following activities: (a) accessing data not intended for your use or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. We will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
In order to ensure a safe and effective experience for all of our users, we reserve the right to limit the amount of data (including resume views) that may be accessed by you in any given time period. These limits may be amended in our sole discretion from time to time.
5. Mobile Services/Applications Available Through the Website
If permitted or available through any feature or service on the Website or the Services, you (a) upload content to the Website or download content from the Website via a mobile device, (b) browse the Website or Services from your mobile device and/or (c) access certain features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”), you must have a mobile communications subscription (or have the consent of the subscriber of such mobile device) for the necessary carrier services with a participating carrier or otherwise have access to a mobile communications network through which we make the Mobile Services available. You are responsible for any and all service fees associated with any such mobile access, including all applicable data fees.
6. Registration Information
In order to use the Website and/or Services, or certain portions thereof, you may be required to register for a user account; in this case, you agree to provide truthful information when requested and, if a minimum age is required for eligibility for a user account, you undertake that you are at least the required age. You agree that you are solely responsible for maintaining the confidentiality and security of your username and password, and you are responsible for all acts and/or omissions that occur under the authority of your username. You agree to immediately notify us of any unauthorized use of your user account, username or password.
When you register with the Website, or utilize the Services provided, you will be asked to create an account and provide us with certain information including, without limitation, valid (a) contact information, including, but not limited to, email address, home address, phone number(s) (home; work; and/or mobile), (b) personal-identification information, including but not limited to, Social Security Number and Driver’s License Number, (c) employment-related information, and (d) personal finance-related information (your "Personal Information"). Personal Information you submit will be used in accordance with our Privacy Policy, (available here[insert hyperlink to privacy policy]) the terms of which are incorporated herein by reference.
We reserve the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by us or by third parties. Please see our Privacy Policy, for further details regarding your Personal Information.
Without limiting any of the other disclaimers of warranty set forth in these Terms, we do not provide or make any representation as to the quality or nature of any of the third party products or services purchased through the Website, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.
You understand and acknowledge that you have no ownership rights in your account, and that if you cancel your account, all your account information, will be marked as deleted in our databases and will be removed from any public area of the Website. Information may continue to be available for some period of time because of delays in propagating such deletion through our web servers. In addition, third parties may retain cached copies of your Personal Information.
7. Reserved for Loan Lead Specific Terms/Disclosures
The Website acts as a venue to connect individuals in search of an automotive loan with potential lenders. WE ARE NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN LENDER AND APPLICANT, SHOULD THE SAME OCCUR. As a result, we have no control over whether loans or other credit is extended to an applicant by any given lender and we make no representations about any potential loans or extension of credit, including but not limited to, no guarantees that an applicant will receive a loan or credit or that the terms of a particular loan or extension of credit is in his/her best interest. You understand and acknowledge that we are not a party, as a co-borrower or alike to any financing transaction involving you and a lender and, as such, do not incur any obligations or liabilities arising therefrom or make any payments, statements, representations on your behalf. We are not obligated to provide any referral services to you. Any decision by us to refer you to one or more lenders shall be made in our sole discretion. We cannot and do not assess, verify or guarantee the adequacy, accuracy or completeness of any information or terms of any financing proposal provided to you by a lender. You are responsible for conducting your own research and making your own decisions in regards to financing transactions, and should seek the advice of qualified financial and legal professionals before agreeing to the terms of any financing transaction.
In addition, note that there are risks in any financial transaction. The Website is to be used as a portal to connect an applicant with potential third-party lenders. We are not a bank, financial institution, and/or a lender and are not to be considered to be a bank, financial institution, and/or lender with respect to your use of the Website and/or Services. A lender is not obligated to accept or extend credit to you. We shall not be responsible for any loan-related decisions, for whatever reason, made by any lender an applicant is connected with through the Website. We have no authority to accept any payment on behalf of a lender or make any payments, statements or representations on your behalf. No information contained on the Website is intended as financial, investment, tax, accounting, or legal advice, as an offer or solicitation of an offer to sell or buy, or as an endorsement, recommendation or sponsorship of any company. You assume all risks associated with any application for, or extension of, a loan or credit.
We cannot guarantee and do not promise any specific results from use of the Website. Terms contained in past transactions involving a lender and you or other similarly situated entities or individuals are not indicative of terms that may be contained in future transactions involving the same or other lenders and you or other similarly situated entities or individuals. No advice or information, whether oral or written, obtained by a user from us through or from the Website shall create any warranty not expressly stated herein.
8. Disclaimer of Warranty
WE DO NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE AUTOLOANRATE.COM CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE AND AUTOLOANRATE.COM CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DO NOT WARRANT THAT THE SECURITY MEASURES TAKEN BY US TO PROTECT USER INFORMATION WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES. WE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE AUTOLOANRATE.COM CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
9. Disclaimer of Damages
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OR OUR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS EMPLOYEES OR AGENTS AND/OR AFFILIATES, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE (A) USE OF THE WEBSITE AND THE AUTOLOANRATE.COM CONTENT, (B) ANY FAILURE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY, COMPUTER VIRUS, OR LOSS OF DATA, (C) ANY LOSS OF USE RELATED TO THE WEBSITE OR A LINKED SITE, (D) ANY DATA OR CONTENT ON THE WEBSITE OR A LINKED SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ON YOU ON ANY INFORMATION OR CONTENT OBTAINED ON THE WEBSITE AND/OR THE AUTOLOANRATE.COM CONTENT, OR (E) ANY FINANCIAL LOSSES RELATING TO ANY AUTOMOTIVE LOANS OR EXTENSIONS OF CREDIT.
10. Limitation of Liability
OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE AUTOLOANRATE.COM CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100 USD.
11. Indemnity; Release
You agree to defend, indemnify, and hold harmless us, our respective officers, managers, members, employees, representatives, agents and affiliates, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (a) any content or other information you provide to the Website, (b) your use of the Website and/or any AutoLoanRate.com Content, or (c) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.
If you are a California resident, you 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 or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
12. Links to Other Sites
The Website may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by us of the contents on such web sites. We are not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
13. No Resale or Unauthorized Commercial Use
You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of the Website.
14. General; Choice of Law; No Waiver
We make no claims that the Website and/or AutoLoanRate.com Content may be lawfully viewed or accessed outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms are governed by the internal substantive laws of the state of Michigan, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within the Eastern District of Michigan. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, our failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect our ability to enforce such term at any point in the future. Except as expressly provided in an additional written agreement, additional terms for certain areas of the Website, a particular "Legal Notice," or software license or material on a particular page of the Website, these Terms constitute the entire agreement between you and us with respect to the use of the Website and Services. No changes to these Terms shall be made except by a revised posting on this page.
15. Digital Millennium Copyright Act
If you believe that the Website, the Services, or any portion(s) thereof infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:
Name of Designated Agent: Jonathan M. Martone, Esq.
Address of Designated Agent: 151 South Old Woodward Avenue, Suite 200, Birmingham, Michigan 48009
Email Address of Designated Agent: jmartone@clarkhill.com
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorney’s fees, incurred by use or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
16. Term and Termination
These Terms will remain in full force and effect while you are a user of the Website at any level. We reserve the right, at our sole discretion, to pursue all of our legal remedies, including but not limited to removal of your content or information from the Website and immediate termination of your registration or ability to access the Website and/or any other Services provided to you by us, upon any breach by you of these Terms or if we are unable to verify or authenticate any information you submit pursuant to the Website’s registration procedure. Even after you are no longer a user of the Website, certain provisions of these Terms will remain in effect, including Sections 3, 8 through 16, inclusive.