Terms Of Use

Agreement of Terms of Use

BetterBorrowers.com ™
Terms of Use

March 24, 2009

BetterBorrowers, LLC, a Texas corporation, owns and operates the Web site located at the URL www.BetterBorrowers.com ™, and portions of other Web pages and Web content through which you have accessed this Agreement of Terms of Use (collectively, “BetterBorrowers.com”). By accessing, visiting, using and/or submitting information to www.BetterBorrowers.com, you agree to be bound by the terms and conditions of this Agreement of Terms of Use (this “Agreement”) and BetterBorrowers’ Privacy Policy, located at www. BetterBorrowers.com (the “Privacy Policy”).

This Agreement contains a requirement to arbitrate all claims and disclaimers of warranties and liability.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, THESE INLCUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION PROVISION THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. If you do not agree to all of these Terms and Conditions of use, do not use this site! BetterBorrowers, LLC (“BetterBorrwers,” "we," “our” or "us") provides this web site, BetterBorrowers.com, located at http://www.BetterBorrowers.com(the "Site"), free of charge to you, as an individual user ("you,” “your”), for your individual usage, for lawful purposes and subject to compliance with the terms and conditions in this Agreement of Terms of Use.

Changes to this Agreement

We reserve the right to update, amend and/or change this Agreement at any time at our sole discretion and without any notice to you. You should check this Agreement frequently to review any changes that have been made. The date at the top of the agreement will be the most recent update. Your continued use of the Web site following the changes to this Agreement will be deemed your acceptance of all changes. It is your responsibility to check this Agreement to see if there have been any changes and to review those changes.

Compliance with this Agreement

You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your ability to visit, use and /or submit information to BetterBorrowers.com. You represent that you have the capacity to be bound by this Agreement, or if you are acting for a company or other entity, you have the authority to bind such company or entity. In order to determine your compliance with this Agreement, we may monitor your access and use of BetterBorrowers.com in accordance with our Privacy Policy.

Children’s Privacy

We believe the privacy of children should be protected. BetterBorrowers is not intended to be used by and is not directed to anyone under the age of 18. If you visit this Web site, you represent that you are at least 18 years old.

Intellectual Proprietary Rights

All trademarks, service marks, and logos used on the Site are the marks of BetterBorrowers or their respective owners. The names "BetterBorrowers", "BetterBorrowers.com", BetterBorrowers graphics, logos, page headers, buttons, icons, scripts, and service names are trademarks or the proprietary design of BetterBorrowers, in the United States and/or other countries (the “Proprietary Marks”). You may not use the Proprietary Marks without the prior express written permission of BetterBorrowers, which permission may be withheld in our sole discretion. We make no proprietary claim to any third-party names, trademarks or service marks appearing on www.BetterBorrowers.com. Any third-party names, trademarks, and service marks are the property of their respective owners.

The information, advice, data, software and content viewable on, contained in, or downloadable from, www.BetterBorrowers.com (the "Content"), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, renditions, plans and designs, are copyrighted by, or otherwise licensed to, BetterBorrowers or its Content suppliers. BetterBorrowers also owns the collective work including the selection, coordination, arrangement, presentation, display and enhancement of the Content (the “Collective Work”). All software used on www.BetterBorrowers.com (the “Software”) is the property of BetterBorrowers or its software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work or the Software.

You may access and use the Content, and download and/or print out one copy of any Content from the site for your personal, noncommercial use if you include the following copyright notice: “Copyright © 2008 – 2009, BetterBorrowers, LLC. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the BetterBorrowers Site may be included elsewhere within the Site and are incorporated into this Agreement of Terms of Use by reference.

You may not modify the Content or Collective Work or utilize them for any commercial purpose or any other public display, performance or sale. Accept as otherwise permitted under the copyright laws or the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content and the Collective Work as permitted by this Agreement is permitted without the express prior written permission of BetterBorrowers, which permission may be withheld in our sole discretion.

Any use of the Content not expressly permitted by this Agreement of Terms of Use is a breach of this Agreement and may violate copyright, trademark and other laws. Content and features are subject to change or termination without notice at the discretion of BetterBorrowers. All rights not expressly granted herein are reserved to BetterBorrowers and its licensors. You acknowledge that you do not acquire any ownership rights by accessing and using the Site.

You are solely responsible for any damage resulting from your infringement of BetterBorrowers or any third party's intellectual property rights regarding the Proprietary Marks, the Content, the Collective Work, the Software and/or any other harm incurred by BetterBorrowers or its 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 this Agreement.

If you violate any of the terms and conditions of this Agreement of Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

If you are interested in reprinting, republishing or distributing content from BetterBorrowers.com, please see our Contact Us page.

Linking Policy

We encourage you to use text links from your Web site to our Content as long as any text link (1) is clearly marked “BetterBorrowers.com,” (2) any non-text link must be our approved logo and accompanying code; (3) the link must benefit BetterBorrowers, (3) the appearance and other aspects of the link and host Web site may not be misleading, fraudulent, or in any other manner damage or dilute the goodwill associated with our name and brand, as determined by our sole discretion and may not create the false appearance that another entity is associated with the link or that the host Web site is endorsed by us, (4) the link result must display BetterBorrowers full-screen and not with a “frame” on the linked Web site; and (5) we reserve the right to revoke our consent to any link at any time in our sole discretion by providing notice to you or by amending this agreement.

Access and Use of BetterBorrowers.com

We reserve the right to change the Web site, including adding, suspending, eliminating or discontinuing any content or feature of the Web site, at any time, at our sole discretion.

Your access and use of www.BetterBorrowers.com may be interrupted, periodically, for a variety of reasons, including, without limitation, the malfunction of equipment, content updating, maintenance and repair or for other reasons that we, at our sole discretion, may determine to take.

Any action by you, that in our sole discretion violates the terms and conditions of this Agreement and/or our Privacy Policy may result in your loss of access and use of BetterBorrowers.com

You understand that information and sources are believed to be reliable, but may not be current or may not reflect the full story. You understand that calculators and tools provided on the Web site are not guaranteed and may not be complete. Information and calculators are made available as self-help tools and are not intended to provide investment advice. We do not guarantee the accuracy or applicability of these tools. All examples are hypothetical for illustration only. We encourage you to seek advice from qualified professionals regarding all financial issues. You should not rely on BetterBorrowers as your only source of information

Information posted or made available on or through BetterBorrowers, including without limitation legal, insurance or real estate information is not intended to constitute legal advice or to create an attorney-client or agent-client relationship. Such information is intended for general information purposes only and should be used only as a starting point for researching the requirements or your situation. Information on this Site is not a substitute for a face-to-face or telephone consultation with a professional licensed to practice in your jurisdiction about your specific issues and you should not rely upon such information. We do not screen or approve who posts information or the information that is posted. We shall have no responsibility or liability for any kind for any professional information you encounter and any use or reliance on such information is at your own risk.

User Conduct

You may only use the Site for lawful purposes and you agree to comply with all applicable laws, rules and regulations in connection with your use of the Site and the Content made available therein. You may not post or transmit through the Site any material that violates or infringes in any way upon the rights of others or is otherwise unlawful. You may not post any advertisement or solicitation with respect to any products or services without our prior written approval. We reserve the right to remove any content from the Site.

With respect to any content you submit or make available for inclusion on publicly accessible areas of the Site, you hereby grant us a royalty-free, perpetual, irrevocable, worldwide right and license to use, reproduce, edit, modify, adapt, publish and distribute such content and/or to incorporate it into other works, in any form, media or technology now know or hereafter developed.

The Site contains copyrighted materials, trademarks and other proprietary information. You may not republish, upload, post, transmit or distribute content from the Site to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the Content or use of the Content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability.

In addition, in connection with your use of the Site, you will not:

Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;
Use the Site for any unlawful purpose;
Express or imply that any statements you make are endorsed by us, without our prior written consent;
Transmit, submit or post information that is trade libelous, threatening, harassing, defamatory, obscene, explicit or vulgr or otherwise injurious;
Transmit, submit or post information that contains viruses, worms, Trojan horses, trap doors, back doors, time bombs, or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or
expropriate any system, data or personal information;
Transmit, submit or post Information containing or constituting chain letters, mass mailings, political campaigning, or any form of "spam";
Transmit, submit or post information that is false, inaccurate or misleading;
Transmit, submit or post Federally trademarked and/or copyrighted information without written permission from us;
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
“Metatag,” "Frame" or "mirror" any part of the Site without our prior written authorization;
Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, "data mine," or in any
way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
Harvest or collect information about visitors to the Site without their express consent;
Disrupt the normal flow of dialogue or act in a manner that negatively affects other users’ ability to engage in real time or other exchanges;
Interfere with or disrupt the Web site servers or networks connected to BetterBorrowers;
“Stalk” or otherwise harass other users;
Harm minors in any way
Impersonate any person or entity, including but not limited to, any employee, officer or director of BetterBorrowers, forum representative, leader, guide, or
host or falsely state or misrepresent your relationship with any person or entity;
Forge headers or any part of the Site or Site content;
Disguise the origin of any content transmitted to BetterBorrowers.com;
Collect or store personal data about other users;
Directly solicit business for yourself or others without our prior consent.

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such content originated. This means that you, and not us, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available on the Site. We do not control the content posted on the Site by our users and, therefore, do not guarantee the accuracy, integrity or quality of such content. You understand that by accessing the Site, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Site.

We do not regularly review transmissions, submissions or postings, however, we reserve the right, but not the obligation, to edit, refuse to post or remove transmissions, submissions or postings. BetterBorrowers may review transmissions, submissions or postings (see Privacy Policy) to determine, in its sole discretion, compliance with this Agreement. You are solely responsible for all your transmissions, submissions or postings and the consequences of transmitting, submitting or posting them.

Notwithstanding the foregoing, BetterBorrowers grants public search engines permission to use technology such as spiders to copy materials from the Site, but only for the and only to the extent necessary for creating publicly available search information of the materials on the Site. This permission does not include caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases.

Public Forums
BettterBorrowers may allow users to contribute information and make statements (“User Generated Content”) through its blogs, messaging, chat rooms, bulletin boards, discussion boards and other forums (the “Forums”). BetterBorrowers does not approve or endorse any User Generated Content in the Forums, and you hereby acknowledge and agree that we have no control over the quality, correctness, timeliness, safety, truth, accuracy or legality of any User Generated Content provided for or by you or any other person or entity in the Forums. You may find User Generated Content posted in the Forums by other users to be offensive, harmful, inaccurate or deceptive. Please use caution and do not rely solely on User Generated Content published in the Forums. BetterBorrowers does not regularly review User Generated Content, however without limiting the generality of the foregoing, we reserve the right, but not the obligation, to remove or edit any User Generated Content in the Forums.

WE DO NOT MONITOR, REVIEW, OR SCREEN ALL POSTINGS AND HAVE NO WAY OF INDEPENDENTLY VERIFYING THE INFORMATION POSTED ON BETTERBORROWERS OR PROVIDED TO US BY OTHERS

YOU SHOULD NOT PROVIDE PERSONAL INFORMATION TO OTHER USERS OR POST PERSONAL INFORMATION IN A PUBLIC PLACE WHERE THE INFORMATION MIGHT BE USED TO HARM OR HARASS YOU. QUESTIONS AND ANSWERS OR OTHER POSTINGS ARE NOT CONFIDENTIAL AND AR NOT SUBJECT TO ATTORNEY-CLIENT PRIVILEGE.

Please report problems with the Forums immediately to Forums@BetterBorrowers.com

Consent to Receive Emails

You consent to receive emails from us, provided the emails follow the preferences you select from the Site. You may change your preferences at your discretion. Please note that as long as you maintain an account, you may not “opt out” of receiving service or account-related emails from us.

Directories of Service Providers or Other Information

The directories or other listings of service providers or any service or product information on BetterBorrowers are not endorsements of any particular service, product or service provider or a guarantee of quality, competency, resources, or any other characteristics.

References including, but not limited to, service providers, organizations, institutions, government entities, publications, ratings, evaluations, reviews, products, services and processes or other information, by name, trade name, trademark, or otherwise do not constitute or imply endorsement, sponsorship or recommendation of or affiliation with that entity. Ratings provided by contributors to the Site are solely their opinion and are not an indication of endorsement by BetterBorrowers.

The information on the Site is intended to assist visitors in gathering information. You should not rely solely on such information in deciding whether to hire a professional, purchase a product, or resolve a particular matter.

Professional Conduct

It is solely the responsibility of professional service providers to ensure that any information or advertisements they post or place on the Site, including but not limited to responses to questions, opinions, recommendations, answers, referrals and any communication with prospective clients comply with all laws and rules of professional conduct .

Third Party Links

Links to other Web sites belonging to our advertisers, business partners, affiliates and other third parties do not constitute our endorsement of those Web sites, or the products and services listed on those Web sites. We are not responsible for the activities or policies of those Web sites. We do not endorse or recommend the products of any advertiser, partner, affiliate or third party. You agree that we are not responsible or liable for any action or inaction of any party to a transaction, for any failure to perform, deliver merchandise or services, or for any losses or damages you may incur as the result of dealings with these entities.

Registration and Privacy

Our policy with respect to the collection and use of your personal information is set forth in our Privacy Policy. Please note that, currently, you do not need to provide us with any personal information in order to use the Site. However, you acknowledge that you have no expectation of privacy with respect to any information or other materials you submit or post to any publicly accessible areas of the Site. Such information or other materials become public information, and you should exercise caution when posting any personal information in a public forum.

You may receive a password and account designation as part of a registration process. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You must immediately notify us of any unauthorized use of your password or account or any other breach of security.

The Site is directed solely to individuals residing in the United States. We make no representation that materials provided on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Site to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.

Features and Links to Other Web Sites

Your use of certain services on the Site may be governed by additional rules, which are available on the Site or by hyperlink from other sites, in connection with the service. By using any service you are acknowledging that you have reviewed all corresponding rules and agree to be bound by them. Some of the services may have been provided by third parties for your use. In the event that any service or tool is provided by a third party, such service or tool may become unavailable in the event that the agreement between us and the third party is terminated. You expressly acknowledge and agree that your use of all services and tools is solely at your risk.

Any sweepstakes, contests, and games that are accessible through our Web site are governed by specific rules. By entering such sweepstakes or contests or participating in such games, you will become subject to those rules.

The Site may contain links to other Internet web sites or resources. We neither control nor endorse such other Web sites, nor have we reviewed or approved any content that appears on such other Web sites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other Web sites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.

Disclaimer of Warranties

THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BETTERBORROWERS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON OUR WEB SITES.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

BETTERBORROWERS AND ITS AFFILIATES, SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE OUR WEB SITES, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF BETTERBORROWERS OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE, THE CONTENT CONTATINED THEREIN, AND ANY MATERIALS PROVIDED THROUGH THE SITE, ARE ENTIRELY AT YOUR OWN RISK.

A possibility exists that the Site could include inaccuracies or errors, or materials that violate the Terms of Use. Additionally, a possibility exists that unauthorized alterations could be made to the Site by third parties. Although we attempt to ensure the integrity of our Web site and other products and services, we make no guarantees as to the completeness or correctness of any content on the Site. In the event that such a situation arises, please contact us at Notice@BetterBorrowers.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our Web site, if applicable, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on "Copyright Infringement" below.

Limitation of Liability

NEITHER BETTERBORROWERS NOR ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH BETTERBORROWERS.COM. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SITE.

WE ARE NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE INCLUDING WITHOUT LIMITATION, ATTORNEY, REAL ESTATE, INSURANCE OR OTHER SERVICE PROVIDER OR PRODUCT INFORMATION.

WE HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY LEGAL OR OTHER PROFESSIONAL INFORMATION YOU ENCOUNTER ON OR THROUGH THE SITE AND USE OR RELIANCE ON SUCH INFORMATION IS SOLELY AT YOUR OWN RISK.

YOU ACKNOWLEDGE THAT BETTERBORROWERRS IS NOT LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT RESPONSIBILITY FOR THE AVOIDANCE OF RISK, HARM OR DAMAGE FROM SUCH USER GENERATED CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

Indemnification

You agree to indemnify, defend and hold us, our officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates harmless from and against any and all claims, damages, losses, costs (including, but not limited to, reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the Agreement of Terms of Use; (b) your use of the Site; or (c) your violation of the rights of any third party.

Termination

You understand and agree that we may, under certain circumstances and without prior notice to you, terminate your access to and use of the Site. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the Agreement of Terms of Use, including the posting of content that infringes the rights of other parties, or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities, or (iii) technical difficulties.

Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by BetterBorrowers infringe your copyright, send us a notice requesting that the material be removed or access to it blocked. If you believe that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/for details. Notices and counter-notices with respect to BetterBorrowers.com should be sent to BetterBorrowers.com, 4100 Midway Rd., Suite 1110, Carrollton, TX 75007, Attention: General Counsel, Tel: (214) 254-2171 , Fax: (972) 248-7870, email: Notice@BetterBorrowers.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there may be penalties for filing false claims under the DMCA.

Our Remedies

You acknowledge that BetterBorrowers may be irreparably damaged if this agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Section you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach be brought in the courts of record of Texas. You consent to the jurisdiction of such court and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree that service of any court paper may be affected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules

Governing Law and Arbitration

The Agreement of Terms of Use, together with all BetterBorrwers policies referred to herein, constitute the entire agreement between you and BetterBorrowers relating to your use of the Site. The Agreement of Terms of Use and the relationship between you and BetterBorrwers are governed by and in accordance with the laws of the State of Texas, without regard to its principles of conflict of laws. You and BetterBorrowers agree to submit to the jurisdiction of the federal and state courts located within Texas, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in the Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you as provided above, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Texas.

THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. BY USING BETTERBORROWERS.COM YOU CONSENT TO THESE RESTRICTIONS.

The American Arbitration Association shall select the arbitrator. Arbitration shall not begin until the party requesting the arbitration has deposited One Thousand Dollars ($1,000.00) with the arbitrator for fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties agree in writing to an alternate allocation of fees and costs.

Any judgment and/or award determined by the arbitrator shall be final, binding and conclusive upon you and us and our respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or we be entitled to punitive damages and both you and we waive our respective rights to any punitive, special, indirect or consequential damages, including but not limited to damages for any loss of profit, revenue or business.

If you have any comments concerns or feedback regarding this Agreement or BetterBorrowers.com, please contact us at:

E-mail: Notice@BetterBorrowers.com or Fax: 972-248-7870