Updated: June 1, 2024. Welcome to the ReversePro, LLC site (the “Sites”). ReversePro, LLC and/or its affiliates (“ReversePro” or “us,” “we” or “our”) provides the Sites to you subject to the following terms of use (“Terms of Use” or “Site Terms”). By visiting the Sites, you accept the Site Terms (the “Acceptance”). Please read them carefully. In addition to these Site Terms, you may be subject to additional terms or other agreements governing your use of our particular products or services made available by us or our providers (the “Terms”). SECTION 7 OF THESE SITE TERMS CONTAINS IMPORTANT PROVISIONS FOR RESOLVING DISPUTES THROUGH MANDATORY ARBITRATION AND A CLASS ACTION WAIVER. By accessing or using the Sites, Content, or other elements of the Sites, YOU AGREE TO BE BOUND by these Site Terms. If you do not want to accept all of the terms, conditions, and notices of these Site Terms, you must immediately discontinue your use and access of the Sites. Further, to understand our practices, please see Section 9 of these Site Terms for our Privacy Policy and Section 10 of these Site Terms for our Texting Terms and Conditions, which each also governs your visit to the Sites. Important Terms and Conditions 1. NOTICE AND AGREEMENT BEFORE USING ANY WEB PAGES OR APPLICATIONS, THE SITES, OR INFORMATION CONTAINED HEREIN, YOU SHOULD CAREFULLY READ THE FOLLOWING DISCLAIMERS AND IMPORTANT TERMS AND CONDITIONS. THE SITES ARE PROVIDED FOR INFORMATION PURPOSES ONLY. YOUR USE OF ANY OF THE SITES CONSTITUTES YOUR AGREEMENT TO ALL TERMS AND CONDITIONS HEREIN. IF YOU DO NOT AGREE TO THESE SITE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THIS SITE OR ANY WEB PAGES THEREIN. 2. LIMITED LICENSE AND OWNERSHIP ReversePro grants you a non-exclusive, non-transferable, limited license to access, use, and display the Sites and the information, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and other content and materials thereon (“Content”) and any software that may be necessary to use the Sites. You acknowledge and agree that the Sites and the Content are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws and are provided only for your personal, non-commercial use. All Content is the property of ReversePro or its content suppliers and protected by copyright laws. All software used on the Sites is the property of ReversePro or its software suppliers and protected by copyright laws. You are also granted a limited license to print copies of any Content posted at the Sites, but only for your personal, non-commercial use. Except as expressly provided above, all rights are reserved. You may not display the Sites, or any portion thereof, in frames (or any of the Content via online links), utilize framing techniques, or modify any of the Sites contents without our express written permission. For the avoidance of doubt, this license does not include any resale or commercial use of the Sites or its contents; any derivative use of the Sites or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by ReversePro in a separate license, your right to use any software, data, documentation, or other materials that you access or download through the Sites is subject to these Site Terms or any additional Terms entered into with ReversePro. 3. USE OF CONTENT Product offers, rates, terms, and other Content provided at the Sites are subject to change without notice. All such changes will be effective as soon as we post them to the Sites. Your eligibility for particular products and services is subject to ReversePro’s review and acceptance. Not all of the products and services described at the Sites are available in all geographic areas. 4. DISCLAIMERS ReversePro IS NOT RESPONSIBLE FOR ANY INACCURACIES, ERRORS (INCLUDING TYPOGRAPHICAL ERRORS) OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM THE USE OF THE SITES OR THE CONTENT. THE SITES, ALL CONTENT, LINKS, AND ANY OF THE SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH NO GUARANTEE OF COMPLETENESS, ACCURACY (EITHER WHEN POSTED OR WITH THE PASSAGE OF TIME), TIMELINESS, OR OF THE RESULTS OBTAINED THEREFROM, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY, QUIET ENJOYMENT, PERFORMANCE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. IN ADDITION, ReversePro MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES THAT THE SITES WILL BE SECURE, ACCESSIBLE CONTINUOUSLY AND WITHOUT INTERRUPTION, OR ERROR-FREE OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED. YOU AGREE THAT UNDER NO CIRCUMSTANCE WILL ReversePro OR OUR AGENTS, OFFICERS, OR EMPLOYEES THEREOF BE RESPONSIBLE FOR OR LIABLE TO YOU OR ANYONE ELSE FOR: ANY CONTENT CONTAINED ON OR OMITTED FROM THE SITES; ANY PERSON’S RELIANCE ON ANY SUCH CONTENT, WHETHER OR NOT THE CONTENT IS COMPLETE, CURRENT, OR CORRECT; ANY VIRUSES OR DEFECTS THAT MAY BE FOUND TO EXIST IN THE SITES, THE CONSEQUENCES OF ANY DECISION YOU OR ANY OTHER PERSON TAKES OR FAILS TO TAKE, WHETHER OR NOT BASED ON CONTENT PROVIDED BY OR RESULTING FROM USE OF THE SITES. THE CONTENT, AND ANY ADVICE RECEIVED VIA THE SITES, IS NOT INTENDED, AND SHOULD NOT BE RELIED UPON, FOR PERSONAL, LEGAL, TAX, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES. 5. LIMIT ON DAMAGES ReversePro AND OUR AFFILIATES, AGENTS, OFFICERS, OR EMPLOYEES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, INTERRUPTION OF BUSINESS, NOR FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, WHETHER UNDER THIS AGREEMENT OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH OR RELATED TO THE SITES, ANY SOFTWARE USED TO ACCESS THE SITES, ANY OF THE SERVICES AVAILABLE THROUGH THE SITES OR THE CONTENT, YOUR RELIANCE ON, USE OF, OR INABILITY TO USE THE SITES, OR ANY ERROR, OMISSION, INTERRUPTION, OR DELAY IN OPERATION, OR ANY COMPUTER VIRUS OR SYSTEM FAILURE, REGARDLESS OF WHETHER SUCH CLAIM ARISES UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE AND REGARDLESS OF WHETHER ReversePro IS ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU, HOWEVER THE LIMITATIONS IN THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 6. INDEMNITY If you are a business or organization, to the extent permitted by law, you will indemnify and hold harmless us, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys’ fees) from third-party claims arising out of or relating to your use of the Sites and Content or any violation of these Terms. You may not settle any such third-party claims without our written consent. 7. DISPUTE RESOLUTION YOU AND ReversePro AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS: Mandatory Arbitration You and ReversePro agree to resolve any claims arising out of or relating to these Site Terms or our Content, regardless of when the claim arose, even if it was before these Site Terms existed (a “Dispute”), through final and binding arbitration. You may opt out of arbitration within 30 days of the later of (1) Acceptance of the Site Terms or of any updates to these arbitration terms within 30 days after the update has taken effect by sending an email to LBCompliance@ReversePro-financial.com or (2) the date you submit an application with ReversePro for a financial product or quote through the Sites calculator feature. If you opt out of an update, the last set of agreed upon arbitration terms will apply. Informal Dispute Resolution We would like to understand and try to address your concerns prior to formal legal action. Before either of us files a claim against the other, we both agree to try to resolve the Dispute informally. You agree to do so by sending an email to LBCompliance@thereverspro.com. We will do so by sending you notice to the email address and/or contact information provided through the Sites. If we are unable to resolve a Dispute within 60 days, either of us has the right to initiate arbitration. We also both agree to attend an individual settlement conference if either party requests one during this time. Any statute of limitations will be tolled during this informal resolution process. Arbitration Forum If we are unable to resolve the Dispute, either of us may commence arbitration with National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures and/or Supplemental Rules for Mass Arbitration Filings, as applicable (available here). ReversePro will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. The activities described in these Site Terms may involve interstate commerce and, to the extent applicable, the Federal Arbitration Act will govern the interpretation and enforcement of these arbitration terms and any arbitration. Arbitration Procedures The arbitration will be conducted by videoconference, if possible, but if the arbitrator determines a hearing should be conducted in person, the location will be mutually agreed upon, in the county where you reside, or as determined by the arbitrator, unless the batch arbitration process applies. The arbitration will be conducted by a sole arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Delaware. The arbitrator will have exclusive authority to resolve any Dispute, except the state or federal courts of Kent County, Delaware have the authority to determine any Dispute about enforceability, validity of the class action waiver, or requests for public injunctive relief, as set out below. Any settlement offer amounts will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any. The arbitrator has the authority to grant motions dispositive of all or part of any Dispute. Exceptions This section does not require informal dispute resolution or arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Sites and Content or intellectual property infringement or misappropriation. Class and Jury Trial Waivers You and ReversePro agree that Disputes must be brought on an individual basis only and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, and representative actions are prohibited. Only individual relief is available. The parties agree to sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims. This does not prevent either party from participating in a class-wide settlement. You and ReversePro knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim. Batch Arbitration If 25 or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar Disputes within 90 days of each other, then you and ReversePro agree that NAM will administer them in batches of up to 50 claimants each (“Batch”), unless there are less than 50 claimants in total or after batching, which will comprise a single Batch. NAM will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location decided by the arbitrator for each Batch. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings. Severability If any part of these arbitration terms is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class arbitration, class action, or representative action, this entire dispute resolution section will be unenforceable in its entirety. 8. LINKS TO THIRD-PARTY SITES As a convenience to you, ReversePro may provide links to Web sites operated by entities other than ReversePro (“Linked Sites”). The Linked Sites are not under the control of ReversePro. If you use a Linked Site, you will leave the Sites. If you decide to visit any Linked Sites, you do so at your own risk. ReversePro makes no warranty or representation regarding the content or its accuracy and does not endorse nor is responsible for any Linked Site, the information appearing thereon or any of the products or services described thereon, or any third-party sites framed within the Sites. Linked Sites may have terms of use and/or a privacy policy different from that of ReversePro and the Linked Site may provide less security than the ReversePro Sites. Links to Linked Sites do not imply that ReversePro sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of ReversePro. Further, any references to, or descriptions or images of, products or services on or through the Sites are not endorsements of such products or services and such products or services may be made available by third parties. ReversePro does not recommend, guarantee, or endorse any specific products, services, procedures, opinions, or other information that may be mentioned on the Sites. Additionally, ReversePro may work with third-party providers to publish certain Content on its Sites, including copyright content, reviews, testimonials, advertisements, and other creative content which all such content is not endorsed or guaranteed by ReversePro. You acknowledge and agree that ReversePro may share Content and information with such third-party providers in the performance of providing these services. 9. SUBMISSIONS AND PRIVACY All information you submit to ReversePro via the Sites will be considered to be the property of ReversePro, and ReversePro is free to utilize any information you submit pursuant to its Privacy Policy. Use of the Sites is governed by ReversePro’s Privacy Policy. 10. TEXTING TERMS AND CONDITIONS By submitting the two-click approval on the Sites you are acknowledging your “written” consent for ReversePro to contact you about your inquiry and our products, promotions, and services, at the phone number or address you have provided and agree to ReversePro’s Texting Terms and Conditions which are linked here and are incorporated into these Site Terms by reference. 11. SUSPENSION AND TERMINATION ReversePro may modify, terminate and/or suspend your access to the Sites, any related services or any portion thereof at any time, without notice. ReversePro may also impose limits on certain features and services or restrict your access to parts or all of the Sites without notice or liability. ReversePro may also at any time discontinue providing the Sites, or any part thereof, with or without notice. 12. AMENDMENTS; MODIFICATIONS ReversePro reserves the right to change, modify, add or remove any portion of this Agreement in whole or in part, at any time, by posting the amended terms on the Sites. Your continued use of the Sites after any changes to this Agreement are posted will be considered acceptance of those changes. 13. GOVERNING LAW This Agreement is governed by the laws of the State of Delaware, U.S.A., without regard to its principles of conflict of laws. The Sites are not intended for distribution to, or use by, any person or entity, or any jurisdiction or country, where such distribution or use would be contrary to local law or regulation, would subject ReversePro to any liability or would not give effect to all of the provisions in this Agreement. Subject to the foregoing agreement to arbitrate in Section 7 hereof, the state or federal courts sitting in Kent County, Delaware shall have exclusive jurisdiction and venue over any dispute arising out of these Terms, and you hereby consent to the jurisdiction of such courts. 14. USE FOR ILLEGAL ACTIVITIES PROHIBITED It is prohibited to use the Sites in violation of the terms herein, in any manner which could damage, disable, interrupt, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites, or for any illegal activities. Illegal activities include, but are not limited to, tampering with information databases and software, unauthorized entry to other networks or computers, violating civil rights laws, or knowledgeable vandalism or destruction of online files. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Sites. 15. COMPLETE AGREEMENT; NO REPRESENTATIONS This Agreement constitutes the entire agreement between you and ReversePro relating to your access to and use of the Sites and other than any service-specific Terms, supersedes any prior or contemporaneous agreements between you and ReversePro. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. The provisions of this Agreement, which expressly or by implication are intended to survive its termination, will survive and continue to bind both you and ReversePro. 16. NO WAIVER A party’s failure to exercise or enforce any right or provision of these Site Terms shall not constitute a waiver of such right or provision and does not waive any right to act with respect to subsequent or similar breaches.
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