Terms of User Agreement
Spice Media Group (collectively “we”, “us”, “our”, or “the Company “) requires you to
review this Terms of Use Agreement (“Agreement”) before using this website or these services. This Agreement
outlines the terms of use for this website and services and the products or services provided through this
website. By browsing, accessing or using this website and services, through any means or by using the goods,
facilities or services offered in or through this website and its services through multiple methods (including,
for example, telephone, mail, text, email or facsimile), you accept and agree to be bound by these Terms of Use.
(the terms "Website/services" and "Website/services" include use through these alternative methods).
You certify to The Company that:
You are at least 18 years of age.
You assume full responsibility for the use of this website/service by any minors.
That the information you have submitted to us on this website or otherwise, is accurate, complete and that you
have not submitted or provided false information to us.
You are aware your use of this website/service is subject to all applicable federal, state, and local laws and
Services
This website and service provides information on financial products for consumers and
allows consumers to request additional information through an inquiry. We are not a mortgage lender, debt
servicer, debt settlement, real estate company, insurance agent, auto sales company or automotive warranty
organization. This is not, and is not intended to be, any type of application for any financial product. We do
not charge you a fee to use this website/services. You understand and agree that if you submit an inquiry on
this website, we will share the personal information that you provided with our network of clients including but
not limited to: mortgage bankers, mortgage brokers, credit consultants, insurance brokers or any other business
in our network that may be related or unrelated to the service or product you have expressed interest in. As a
result, different types of businesses unrelated to your inquiry may be provided your information and may contact
you. Personal information submitted in connection with this website/service is subject to our
Privacy Policy. Please review our
Privacy Policy. There is
no fee charged or billed to a consumer by us for our services. Any
requirements to qualify for a particular loan product are made by the individual clients and we do not endorse,
warrant, or guarantee the products or services of any the clients who may contact you. Some clients are licensed
organizations who are 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 have any questions regarding their practices,
please contact them directly. You consent to share your information with us and our client network. You
understand and agree that your consent is not a condition, directly or indirectly of a purchase. Your consent
allows them or us to contact you (including through automated means; e.g. autodialing, text and pre-recorded
messaging) 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. At consent, you agree to receive
autodialed or prerecorded calls, (including to mobile numbers) emails and texts from us and any affiliates,
partners, and vendors to the phone numbers (including mobile numbers) and email addresses you submitted to us
and to any phone numbers or email addresses subsequently associated with you by us or any marketing partners,
affiliates or vendors. Data and message rates may apply.
Electronic Communications
You consent to receive communications from us electronically. When you visit our
website/services, use our website/services or send email to us, you are communicating with us electronically.
You agree that all agreements, notices, disclosures and other communications that we provide to you
electronically satisfy any legal requirement that these communications must be in writing.
Prohibited Use
It is prohibited to use this website/service for any illegal purpose or for the
transmission of any material that is unlawful, harmful, harassing, abusive, libelous, racially or ethnically
offensive, invasive of another's privacy, vulgar, threatening, obscene, sexually explicit, tortious, defamatory,
or that infringes or may infringe on the intellectual property or rights of another, or in a reasonable person’s
view objectionable; directly or indirectly interfere, or attempt to interfere with the proper working of this
website/service or system integrities or securities; interference of any account, or any communication or
transaction being conducted on this website/service; 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; take any action which imposes an unreasonable or disproportionately large load on our
infrastructure; post, upload, transmit, submit, email or make available by any other means any data or content
protected under any law or contractual relationship that you do not have the right to distribute; conduct fraud,
represent yourself as someone else or hide or attempt to hide your identity; and interfere or attempt to
interfere with the proper working of this website/service.
Changes to Website, Terms and Policies
We reserve the right to make changes to this Agreement and to our
Privacy
Policy. Any changes made will be effective from the date of such posting without notice to you. As such,
the
Privacy Policy and Terms of Use posted at the time you register on our
website/services will govern our relationship for that registration and referral request. We reserve the right
to change any content, feature or functions of our website/services without prior notice. You may be denied
access to the website/services for any reason without any notice if you engage in any conduct, activities or
practices that we conclude, at our discretion, violate any of these Terms, our legal rights or legal rights of
any third party or are otherwise inappropriate.
ANTI-SPAM POLICY
The user of this website is advised and acknowledges that our electronic mail service
equipment may be located in California. In no event shall the user use our equipment violate California’s
anti-spam laws including California Business & Professions Code sections 17538.4 and 17538.45. We promote and
encourage responsible commerce on the Internet, We make every effort to deter spam and any unsolicited email,
instant messaging or other communication. Spam is strictly against our policies and Terms of Use, and will
result in the immediate disablement of any partners, affiliates or third parties who are found to have used spam
in conjunction with their advertising agreements. The following policy outlines what we considered acceptable
use of bulk email/messaging: Subscriptions Mailing list subscriber information must include the date and time
that the subscription was confirmed, as well as the IP address of the subscriber at the time of the
confirmation. The user must be able to present this information at our request. The nature of email address use
must be fully disclosed, either on the page the subscription is made from or with a prominent link to the site’s
Privacy Policy. It must be made clear how a user’s email address will be used and when
it will be shared. Lists shall not be obtained from outside parties unless the email sender has procured a list
from the organization that sells or otherwise shares email distribution lists, and all of the following
conditions are met: (1) The selling organization maintains a publicly viewable privacy policy disclosing that
such sales may occur. (2) The privacy policy is prominently linked to from the page the subscriber signed up
from. (3) The privacy policy has not changed substantially since the user signed up. (4) Records are kept of the
date, time, IP address, and form location where the subscribing user signed up from. (5) Lists procured from
outside parties must have been consistently handled in a manner comparable to our policies. (6) Users cannot
populate lists with addresses obtained for a substantially different purpose than was originally disclosed to
the user. Mailing Practices
Third Parties must not modify the headers of any message in such a way that purposefully obfuscates the origin
of the message. • Undeliverable addresses must be removed from all future mailings after no more than 5 bounces.
Third Parties are responsible for the practices of any affiliate program members they solicit the help of or 3rd
party mailing programs must abide by the same policies and practices as those using our own bulk mailing list
tools.
All mailings must provide clear and simple to follow instructions for opting-out of future mailings, and all
reasonable attempts must be made to facilitate the removal of a mailing list subscriber at their request.
Other
Predominately promotional messages must not be posted to:
Discussion forums
Bulletin boards
Guestbooks
Usenet newsgroups
Or any other similar service unless the operator of that service explicitly allows such messages.
Disablement
We reserve the right to cancel a marketing services agreement at any time should we
believe that a marketing partner is engaged in spamming or is in violation of these policies.
Notice- Copyright and Trademark
Our website/services contains intellectual property owned by us and other parties. All
materials on or available through our website/services including without limitation, all applicable U.S. and
non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto
(collectively “website/services Content”) are protected. Except as otherwise specifically provided in this
Agreement, you may not download or save a copy of the website/services content or any portion thereof, for any
purpose; however, you may print a copy of individual screens appearing as part of the website/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 modify, copy, publish, display, transmit, adapt or
in any way exploit any portion of our website/services content unless you first obtain prior written consent
from us, and from all other entities with an interest in the relevant intellectual property. Any unauthorized
attempt to modify our website/services content, to defeat or evade our security features, or engage in our
website/services for other than its intended purposes is strictly prohibited.
Legal
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. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER BY ACCESSING AND/OR USING ANY THE COMPANY
WEBSITE/SERVICES OR SERVICES, YOU AGREE TO THESE TERMS AND CONDITIONS OF THIS ARBITRATION AGREEMENT. DO NOT USE
THE COMPANY SERVICES OR SUBMIT ANY CONTACT INFORMATION IF YOU DO NOT AGREE TO THESE TERMS. THIS AGREEMENT IS
BINDING TO ARBITRATE ALL CLAIMS. YOU AGREE THAT DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY
BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE
ARBITRATION. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY BINDING,
INDIVIDUAL ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO
PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST THE COMPANY
INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. We strive to never
have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. If no resolution
results from this informal process, you and we agree to binding individual arbitration before the American
Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a
judge or jury. As an alternative, a neutral arbitrator will decide and the arbitrator’s decision will be final
except for a limited right of appeal under the FAA. Class action lawsuits, class wide arbitrations, private
attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t
allowed. Nor is combining individual proceedings without the consent of all parties. You agree that the
Arbitrator will have sole and exclusive jurisdiction over any dispute you have with us. The Federal Arbitration
Act allows for the enforcement of arbitration agreements and governs the interpretation and enforcement of the
agreement to arbitrate. If any provision of this Arbitration Agreement is found to be invalid or unenforceable,
then that specific provision shall be of no force and effect and shall be severed, but the remainder of this
Arbitration Agreement shall continue in full force and effect. No waiver of any provision of this Arbitration
Agreement will be effective or enforceable unless recorded in a writing signed by the party waiving such a right
or requirement. Such a waiver shall not waive or affect any other portion of this Agreement. This Arbitration
Agreement will survive the termination of your relationship with us.
No Warranty
THE CONTENT AND ALL SERVICES ASSOCIATED WITH OUR SERVICE 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. 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 WEBSITE/SERVICES MAY BE AVAILABLE FOR DOWNLOADING FROM OUR SERVICES IS FREE OF
INFECTION FROM ANY TRAP DOORS, BACK DOORS, VIRUSES, WORMS, TROJAN HORSES, EASTER EGGS, TIME BOMBS, BOTS OR OTHER
MALICOUS CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE
INTENDED TO DAMAGE, DESTRUCTIVELY INTERFERE WITH, COVERTLY CAPTURE OR STEAL 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. 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.
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 website/services or by any of the equipment or programming
associated with or utilized in connection with our website/services or any services provided on or through our
website, or by any technical or human error which may occur in the processing of information received by us. We
assume no responsibly for any error, omission, communications line failure, interruption, deletion, defect,
delay in operation or transmission, theft or destruction or authorized access to, or alteration of, information
received or submitted in connection with our website/services. We are not responsible for any errors, problems,
or technical malfunction of any telephone network or lines, computer online systems, computer equipment, servers
or providers, or software, or any failure of email on account of technical problems or traffic congestion on the
Internet or at our website/services or combination thereof, including damages or injury to user or to any other
individual’s computer related to or resulting from use of our website/services or website/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 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 WEBSITE/SERVICES OR WEBSITE/SERVICES CONTENT, EVEN IF ALL SUCH PARTIES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR
FOR ANY CLAIM ATTRIBUTABLE TO OMISSIONS, ERRORS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE
WEBSITE/SERVICES OR THE WEBSITE/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.
Relase
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
website/service, the violation of this Agreement by you, or the infringement by you, or other individuals use of
this website/service using your computer, of any intellectual property or other right of any person or entity.
We and our Service providers assume no responsibility whatsoever for such content or actions. We reserve the
right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to
indemnification by you. Entire Agreement This Agreement constitutes the entire terms of use agreement between
you and The Company and governs your use of this website/service which succeeds any prior agreements between you
and The Company . You also may be subject to additional terms and conditions that may apply when you use other
services, affiliate services, third party content or third party software.
Termination
Should you breach or violate any part of this Agreement or provisions in the
Privacy Policy you may no longer use this website/service. We may, at our sole
discretion, change, suspend, or
terminate, permanently or temporarily, this website/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 in The Company ’s sole discretion and shall not be liable to you or any third party for any
termination.