Last Updated March 9, 2010
Welcome to The Websites owned and operated by Adchemy, Inc.
TABLE OF CONTENTS
Acceptance of Terms
Please read this Terms of Service Agreement carefully. Adchemy, Inc. ("Adchemy," "our," "us") provides the Services, which are defined below, to you subject to the following Terms of Service, which may be updated by us from time to time without notice to you. By accessing, browsing or using the websites (collectively, the "Website(s)" or "Site(s)") owned and operated by Adchemy and the Services provided through or in connection with the Websites, you accept and agree to be bound by the terms and conditions of the Terms of Service. Your continued use of the Services following any posted changes to the Terms of Service constitutes your acceptance of such changes.
YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. You certify to Adchemy that: (i) you are at least eighteen (18) years of age; (ii) you assume full responsibility for the use of the Service by any minors; (iii) you agree that all information you have submitted through the Service, online or otherwise, is accurate and complete, and that you have not knowingly submitted false information on or through the Website or Service; and, (iv) your use of the Service is subject to all applicable federal, state, and local laws and regulations.
Terms Applicable to All Products and Services
Our Service is an online marketplace where you can research and compare services in a number of different categories, including, but not limited to, home purchase loans, home equity loans, home refinance loans, dating, dieting, healthcare, auto insurance, and online educational programs (collectively, the "Service"). Adchemy does not endorse or recommend the products or services of any particular Client (defined below) on any of its Websites or guarantee acceptance into any particular program. Adchemy is not an agent of either you or any Client.
Adchemy does not charge you a fee to research and compare services. Any compensation Adchemy may receive is paid by the individual Client that provides such products and services.
You understand and agree that if you submit a request for a product or service offered through the Service, Adchemy will share your personal information (such as your full name, address, e-mail address, social security number, telephone number, and any other information you provided or permitted us to obtain and disclose) with any Clients in our network, including but not limited to banks, correspondent lenders, mortgage bankers, brokers, dieting and healthcare providers, insurances agents, and online education program providers, (hereinafter referred to individually and/or collectively as "Client(s)") to process and fulfill your request.
You understand that Clients are not employees or agents of Adchemy, nor is Adchemy an agent of the Clients. The terms of your relationship with any Client, including terms, conditions, warranties or representations associated with such dealings, are solely between you and such Client. Your rights under any contract you may enter into with any Client are governed by the terms of such contracts and by applicable federal, state and local laws, rules and regulations. Should you have a dispute with any Client, you must address such dispute with the Client directly. You agree not to hold Adchemy liable for any loss or damage of any sort incurred as the result of any of your dealings with any Client.
Adchemy does not guarantee that it will be able to match you with a Client or Clients through your use of this Service or that the Clients available through this Service are either capable of or willing to provide you with products or services. Adchemy and our participating Clients expressly reserve the right to discontinue, suspend or terminate the offering of Adchemy's Service and participating Clients' products or services at any time and without prior notice.
Adchemy does not guarantee that the terms or rates for the products or services offered and made available by Clients are the best terms or lowest rates available in the market. A Client's products or services may be subject to market conditions, approval and qualification. The terms and rates actually provided by Clients may be higher or lower depending on your individual financial profile, your location and other considerations. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for a product or service. Clients may not offer all products or services and may not offer products or services in all states. You may not be matched with the Client making any specific offer.
By clicking on any button indicating an acceptance or agreement to terms, a continuance of processing or submission, you understand that you are agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry as to any product through our Service to each of the Clients to whom your request is transmitted. By submitting any request for products or services, you are extending an express invitation to be contacted by one or more Clients either by telephone, email, or postal mail based on the information you have provided to us, even if you have opted into any federal, state, or other applicable Do Not Call List. You understand that Clients may maintain the information you submitted through the Service whether you elect to use their services or not. In the event you no longer want to receive communications from a Client, you agree to notify the Client directly. You also give Adchemy permission to send you periodic updates of current products or services which may be of interest to you.
Content Disclaimer: ADCHEMY MAKES NO WARRANTY REGARDING THE CONTENT ON ANY WEBSITE, AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE.
Additional Terms Applicable to:
Loan Products and Services
You acknowledge that Adchemy does not make loan or credit decisions in connection with the Service and that Adchemy is not a party to any agreement that you may make with the Client, and that the Client is solely responsible for its services to you.
You further acknowledge that Adchemy is not acting as your agent or broker and is not recommending any particular loan product or Client to you. You should rely on your own judgment in deciding which available loan product, terms and lender best suits your needs and financial means. You understand that requirements for a particular loan product are made by the individual Clients and that Adchemy does not endorse, warrant, or guarantee the products or services of any Client. Nothing contained herein will constitute an offer or promise for a loan commitment or interest rate lock-in agreement. Likewise, Adchemy does not guarantee that the loan terms or rates offered and made available by Clients are the best terms or lowest rates available in the market. A Client's offer may be subject to market conditions, approval and qualification. The rates and fees actually provided by lenders may be higher or lower depending on your complete credit profile, collateral/property considerations including but not limited to location, equity and value and income/asset consideration including but not limited to loan to value and debt to income ratios.
Dieting and Healthcare Services
No Medical Advice: The information provided by us should not be used to diagnose, prevent or treat a health problem or disease. The information provided by us or our Clients is not intended or to be used to treat any type of medical condition such as obesity or any health related issue.
The statements contained through our Service have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease. The statements are for informational purposes only and are not meant to replace the services or recommendations of a physician or qualified health care practitioner. The information we provide does not constitute an attempt to practice medicine nor does it establish a doctor-patient relationship. Results may vary for each user and we do not guarantee any specific results. If you are pregnant, nursing, or taking medication we suggest consulting a physician before using any of our Clients' products.
Disclaimer of Liability:
You assume full responsibility for all of the health information contained within our Website. We are not liable in any way for results stemming from any use of this information.
Dating Referral Services
You assume all risk when using the Service, including but not limited to all of the risks associated with any online or offline interactions with others, including dating. You understand that we only provide you with matches for dating services and you shall abide by their respective applicable Terms of Service. You agree to take all necessary precautions in all interactions with other members of the dating service that you choose, particularly if you decide to meet offline or in person. In addition, you agree to review the applicable dating "Safety Tips," of the service provider you choose. You understand that the dating service that you choose may not in any way screen its members, nor will they inquire into the backgrounds of its members. Adchemy makes no guarantees, express or implied, as to the conduct of the dating services members' or your ultimate compatibility with the dating services members.
You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the dating service; (ii) the information and content you post, transmit, publish, or otherwise make available through the dating services websites; and (iii) your interactions with other registered users through the dating services.
In using the Service, you must not (i) submit, transmit or facilitate the distribution of information or content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable; (ii) submit, transmit, promote or distribute information or content that is illegal; (iii) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (iv) take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) upload invalid data, viruses, worms, or other software agents through the Service; (vi) use any robot, spider, scraper or other system to access the Service for any purpose without our express written permission; (vii) impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity; (viii) submit, upload, post, email, transmit or otherwise make available any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (ix) interfere with the proper working of the Service; (x) bypass the measures we may use to prevent or restrict access to the Service; or (xi) use the Service for commercial or advertising purposes.
Copyright, Trademark and Service Mark Notice Information.
When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, "Content") in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
Links to Other Web Sites.
Adchemy, through our Websites, Service or otherwise, may provide links to third parties' websites. Adchemy does not endorse, has no control over, and is not responsible in any manner for the terms, conditions, fulfillment or performance of such third parties' advertisements or offers, the collection of information from you by any such third parties, the use of your information by any such third parties, or the use, operation or availability of websites owned or operated by, or on behalf of, any such third parties.
You acknowledge and agree that Adchemy is not responsible for the availability of such external websites, and does not endorse and is not responsible or liable for any content, advertising, products, whether loan, auto, or telecommunications, or other materials on or available from such websites. You further acknowledge and agree that Adchemy will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, goods or services available on or through any such websites.
YOU AGREE TO INDEMNIFY ADCHEMY, INCLUDING ADCHEMY'S PARTNERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ADVERTISERS, AND THIRD PARTY SERVICE PROVIDERS (COLLECTIVELY, "ADCHEMY PARTIES"), AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE SERVICE, YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
Disclaimer of Warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: ADCHEMY DISCLAIMS ALL WARRANTIES. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADCHEMY, INCLUDING ADCHEMY PARTIES, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES,EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ADCHEMY, INCLUDING ADCHEMY PARTIES, MAKES NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (d) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS OR NEEDS.
ADCHEMY, INCLUDING ADCHEMY PARTIES, MAKES NO WARRANTY REGARDING ANY CONTENT, GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO AS A RESULT OF YOUR USE OF THE SERVICE.
Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT ADCHEMY, INCLUDING ADCHEMY PARTIES, WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, EXPENSES, AND COURT COSTS) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES OR RESULTING FROM ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHROIZED ACCESSS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA OR RELIANCE UPON ANY WEB SITE LINKED TO FROM THE SERVICE, EVEN IF ADCHEMY, INCLUDING ADCHEMY PARTIES, HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE ADCHEMY AND ADCHEMY PARTIES AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES 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 ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.
Adchemy may provide you with notices, including those regarding changes to the Terms of Service, either by email, regular mail, or postings on the Service. All notices to Adchemy must be made in writing and mailed to:
Attn: Legal Department
1001 E. Hillsdale Blvd. 7th Floor, Foster City, CA 94404
Modification to Service.
Governing law and Other Terms.
Mandatory Arbitration. You understand and agree that all claims, disputes, or controversies between you and Adchemy, including Adchemy Parties, including but not limited to tort and contract claims, claims based upon any federal, state, or local statute, law, order, ordinance, or regulation, and the issue of arbitration, shall be resolved by final and binding arbitration using the American Arbitration Association's (AAA) Commercial Arbitration Rules (AAA Rules) in effect on the date of initiation of the arbitration, except as to those AAA Rules that conflict with or differ from this Terms of Service, by one or more arbitrators appointed in accordance with the said rules at a location within San Mateo County, California. Any controversy concerning whether a dispute is arbitral shall be determined by the arbitrator(s) and not by the court. Judgment upon any award rendered by the arbitrator(s) may be entered by any state or federal court having jurisdiction thereof. Neither you nor Adchemy shall be entitled to join or consolidate claims in arbitration by or against other consumers or arbitrate any claim as a representative or member of a class or in a private attorney general capacity. The parties voluntarily and knowingly waive any right they have to a jury trial.
California Law and Jurisdiction.
All disputes arising out of or related to the use of the Site or Service, as permitted following the Mandatory Arbitration described above, shall be brought in the state or federal courts located in the Northern District of California, and you hereby irrevocably consent to the exclusive jurisdiction and venue thereof. This Agreement will be construed in accordance with the laws of the State of California without regard to its conflict of law principles. If the law of your residence prohibits or limits your participation in the Service, then you are responsible for complying with such laws and you agree to indemnify Adchemy, including Adchemy's partners, officers, directors, agents, employees, subsidiaries, affiliates, parents, successors, and their suppliers, against any breach or violation.
If any part of these Terms and Conditions is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. These Terms and Conditions are personal to you and you may not transfer, delegate or assign these Terms and Conditions to anyone.
Any attempt by you to assign or delegate these Terms and Conditions shall be null and void. Adchemy may assign these Terms and Conditions at its sole discretion.
No Third–Party Beneficiaries.
You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to these Terms of Service.
No failure of either party to exercise or enforce any of its rights under these Terms and Conditions will act as a waiver of such rights.
Entire Terms of Service.
If you have questions, please contact us.
Attn: Legal Department
1001 E. Hillsdale Blvd. 7th Floor
Foster City, CA 94404
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.