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Last Updated 01/09/2017
finder.com is an information service that provides you with the tools and information you need to compare a wide range of products, providers and services.
To help you make better decisions, our Site (www.finder.com) contains
- reviews for providers, products and services;
- product search and comparison platforms;
- tools to help you locate and contact financial services experts and product providers; and
- discussion forums.
We believe in being direct and open, so we’ll try to explain our terms and conditions as clearly and simply as we can. Please let us know if we are successful or how we can improve.
We are finder.com: References to “finder” or “finder.com” includes finder, Inc. and its officers, directors, employees, consultants, affiliates, associated entities and agents. Where we use the terms “finder Services”, “Site” or “Services” we are referring to finder.com and any associated or related material.
We prefer dispute resolution: Part of being direct and open is our commitment to resolving problems simply and effectively. This is why our Terms state that any disputes between you and finder must be resolved in arbitration or small claims court.
We know things change: Please appreciate that because we provide a wide range of services, we may ask you to review and accept additional terms for some products or services. Where this needs to be done, we’ll clearly explain why this is necessary.
We help you make better informed decisions. By using our Site you are accepting that it does not constitute legal, financial, tax planning, medical, or other advice from finder. We want to help you make better informed decisions but you are responsible for your own financial research and financial decisions. Please appreciate that by using our Services you are acknowledging and accepting that we are not responsible for any of your subsequent decisions or actions. We are not liable for the choices you make. If you take action, or authorize third-parties to act on your behalf, you are responsible for your choices.
Paragraph Headers. Use of paragraph headers and titles in the Terms is for your convenience only. You should focus on the content of the paragraphs themselves rather than on their formatting.
No Waiver. Our response to a particular breach or default does not affect our right to require subsequent performance or take additional actions. It does not bind us to act similarly for similar issues and it does not preclude us from taking other actions in respect of that breach or default or for future breaches or defaults.
Severability. In the event that any part of the Terms is held to be invalid or unenforceable, the remaining parts continue to apply.
finder.com is an information service that provides you with the tools and information you need to compare a wide range of products, providers and services. We do not provide information on all available products, providers or services so please appreciate that there may be other options available to you than the products, providers or services covered by our service. You should consider your own personal circumstances before making any decisions based on the information on our Site. We want to provide you with the information and confidence to make informed decisions, but we don’t know enough about you to recommend specific providers, products or services for you.
In order to provide you with quotes, comparisons and factual information we may need to collect some basic information about you such as your age, gender and occupation. By clicking “quote” or “enquiry” buttons you’re authorizing us to provide your information to a third party who may contact you to provide you with advice about your options and available products. By clicking “quote” or “enquiry” buttons you are also consenting to us retaining your personal information so that we can contact you about other relevant services that we think might interest you (but you can “opt out” of this process at any time by simply withdrawing your consent).
While we may compare insurance data and basic product information such as interest rates, features, benefits, fees and charges we do not assess if a particular product is suitable for you. Providing or obtaining an estimated insurance quote through us does not guarantee you can get the insurance. Acceptance by insurance companies is based on things like occupation, health and lifestyle. Likewise, by providing you with the ability to apply for a credit card or loan we are not guaranteeing that your application will be approved. Your application for credit is subject to the Provider’s terms and conditions as well as their application and lending criteria.
We try to ensure that the information and other content on our Site is accurate and current, but we can’t guarantee the accuracy or currency of the information on which we’ve relied. We suggest that you use your own judgment, and make your own enquiries, before you make any decision about the products or services covered by our Site. If you find an error in our data please let us know and we’ll correct it.
Please appreciate that you are using our Site at your own risk. To the extent permitted by law, we disclaim all liability to any person in relation to use of our Site, and you waive all claims against us in relation to your use of our Site. We accept no liability for any interference with or damage to a user’s computer, software or data occurring in connection with or relating to the website or its use or any website linked to this Site, and we do not represent or warrant that applications initiated through the Site will in fact be received or made to the intended recipient. Users are advised to confirm the application by other means.
Our includes links to other websites operated by community, business and government. These linked sites will often have their own terms and conditions of use and you should familiarize yourself with these.
All linked websites are linked “as is” and we do not
- sponsor, endorse or necessarily approve of any material on websites linked from or to this Site;
- make any warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material on websites linked from or to this Site; and
- offer any warranties or representations that material on other websites to which this Site is linked does not infringe the intellectual property rights of any person anywhere in the world.
Unless expressly stated otherwise, we claim copyright ownership of all material on our Site. You may download, display, print and reproduce this material for your personal, non-commercial use but not for business or commercial uses or purposes. If you are unsure whether you can download, display, print or reproduce our material, then ask us. We reserve our rights including the right to revoke such permission at any time.
Selection & ordering of products
We believe there is no perfect order or perfect ranking system for the products we list on our Site so we’ve provided you with the functionality to self-select, re-order and compare products. Please don’t interpret the order in which products appear on our Site as any endorsement or recommendation from us. There is no particular basis or system of awards or ratings for the products on this Site. We’re happy to provide you with the tools you need to make better decisions, but we’d like you to make your own decisions and compare and assess products based on your own preferences, circumstances and needs.
It is also important to appreciate that the products listed on our Site are selected based on a number of factors including but not limited to:
- Features: including, but not limited to interest rates, annual fees and penalty fees.
- Offers: the availability of offers in relation to particular products.
- Access: whether a financial institution is offering a particular product at a particular time.
We work hard to ensure we provide useful information about a wide range of products and services but we don’t cover every product or service that may be available to you.
Where products appear on this Site they should not be taken as ranking or endorsing any particular product above another in terms of its suitability for you.
The identification of a group of products, as ‘Top’ or ‘Best’ is a reflection of user preferences based on current website data. On a regular basis, analytics drive the creation of a list of popular products. Where these products are grouped, they appear in no particular order.
Where our Site links to particular products or displays ‘Enquire now’ or ‘Go to Site’ buttons, we may receive a commission, referral fee or payment in relation to your clicking of this link. In some cases we may receive remuneration for referring you to a third party. These commercial arrangements vary, but they don’t affect our ranking or ordering of products and services.
We want to help you make better informed decisions but you are responsible for your own financial research and financial decisions. Please appreciate that by using our Services you are acknowledging and accepting that we are not responsible for any of your subsequent decisions or actions. We are not liable for the choices you make. If you take action, or authorize third parties to act on your behalf, based on information you receive as a user of finder, then you are responsible for your choices.
1. Our Services.
To use our Services you must
- be at least sixteen (16) years of age;
- have not previously been suspended or removed from our Site; and
- comply with these Terms and any relevant laws.
Registration. In most cases, you can engage with our Site anonymously. But, if you want to access some features of our Site, you may need to be a registered user.
To register for an account, you need to provide certain identifying information about yourself, including but not limited to your email address and other contact information and create a user name and password.
By creating an account, you are agreeing to provide current and accurate information about yourself.
Remember, the finder community is built on us all being direct and open, so by registering as a user you are agreeing to conduct yourself in accordance with our Terms.
Responsibility. You are responsible for your account, your information and the integrity and security of your account.
It’s best not to share your account details but, if you do share your information with anyone else, you’re authorizing them to act on your behalf and authorizing us to accept their submissions and instructions.
If you are worried that your account is not secure, please email email@example.com and we’ll help you solve that problem.
2. Our Partners.
Advice and Content. Some of the Services involve content provided by people other than finder (“third-parties”).
Please appreciate that the third-party content is not advice but material provided for information, research, education, and entertainment purposes only. By using our Site you are accepting that we are not providing professional advice and you are agreeing that we are not liable for the content provided by third parties.
We want to help you make better informed decisions but you are responsible for your own financial research and financial decisions.
Please appreciate that by using our Services you are acknowledging and accepting that we are not responsible for any of your subsequent decisions or actions. We are not liable for the choices you make.
If you take action, or authorize third parties to act on your behalf, based on information you receive as a user of finder, then you are responsible for your choices.
No Endorsement. As a convenience to you, our site contains links to third party websites and services. Please understand that we do not own, control or endorse these websites and services.
By accessing our site you are acknowledging and agreeing that we have not reviewed the third-party content, advertising, products, services, or other materials that appear on our site.
We are not responsible for the legality, accuracy, or appropriateness of third-party content and we are neither responsible nor liable for your use of, or reliance on, third-party content or services. If you are concerned that some third-party content or services are illegal, inaccurate or inappropriate then we encourage you to be direct and open and bring it to our attention by emailing firstname.lastname@example.org.
3. Our Content.
The finder services are protected by applicable copyright and other intellectual property laws.
No trademarks or content may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission.
All trademarks and service marks on the Services belong to finder, except third-party trademarks or service marks, which are the property of their respective owners.
You represent and warrant that you own or otherwise have the right to use any content you post to the Services.
We respect intellectual property rights. If you believe that your content has been used in a way that constitutes copyright or trademark infringement, we encourage you to contact email@example.com.
4. Your Conduct.
You agree not to
- misrepresent yourself or engage in fraudulent or dishonest conduct;
- use our site for any illegal or immoral purpose, or in breach of any local, state, national, or international law;
- provide your membership rights or access permissions to someone else;
- violate or encourage others to violate the rights of third parties, including their privacy or civil or intellectual property rights;
- post, upload, or distribute any inappropriate or illegal content;
- defame, harass, intimidate, threaten, bully or belittle anyone or interfere with their use and enjoyment of our site;
- interfere with our site or our security features;
- upload or otherwise disseminate viruses, adware, spyware, worms, or other malicious code;
- phish, advertise or make unsolicited offers to other users; or
- access, monitor, copy or republish any content or information of our site contrary to our Terms.
5. Your Responsibility.
You agree that you are personally responsible for your use of our services.
This means that you agree to defend, indemnify, and hold us harmless from any and all claims and expenses (including legal and accounting fees) caused by
- your access, use or alleged use of our site;
- your violation of our Terms or any applicable laws or regulations;
- your violation of any third-party’s rights; or
- any disputes or issues between you and a third-party.
We also reserve the right, at our own expense, to assume the exclusive defence and control of any matter. In any circumstances, you agree to cooperate with us and assist in our defence of the claim.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us.
- All of your User Contributions do and will comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.
We cannot review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
If you violate our Terms, breach the laws or engage in unprofessional conduct your permission to use the site will automatically terminate.
In addition, we have the sole discretion to suspend or terminate some or all of your user account rights. We can do this with or without notice to you.
You may terminate your account at any time by contacting firstname.lastname@example.org.
We have the right to
- remove or refuse to post any User Contributions for any or no reason in our sole discretion;
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site.
YOU WAIVE AND HOLD HARMLESS FINDER AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FINDER DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER FINDER OR LAW ENFORCEMENT AUTHORITIES.
We reserve the right to modify our Terms at any time and our right to impose new or additional terms or conditions.
Any modifications to our Terms becomes effective immediately.
We will try to make reasonable efforts to notify you of any material changes to our Terms but this won’t always be possible.
Remember to periodically review our Terms because by continuing to use the site you’re confirming that you acknowledge and accept the modified Terms.
We reserve the right to modify or discontinue, temporarily or permanently, some or all of our services at any time without any notice or further obligation to you. You agree that finder will not be liable to you or to any third party for any change to our Terms or services.
We like to be direct and open, so it’s important that you adequately understand the scope of the services we provide and their limitations.
Our Services are provided “as is” and on an “as available” basis. We offer no warranty or condition of any kind, either express or implied.
Although we endeavour to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of our Services or your access to our site; nor can we guarantee that any data transmitted by our site is free from viruses or malicious spyware. There may at times be inadvertent technical or factual errors or inaccuracies and we urge you to bring any you identify to our immediate attention. Email email@example.com and we will respond quickly.
No Warranties. finder provides information, tools and content to help you make better decisions. We do our best to be open, direct, current and accurate but we do not provide or offer
- any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and
- any warranties arising out of course-of-dealing, usage, or trade.
Remember, you are responsible for your choices and actions. By using or accessing our Services you have assumed all risk for any/all damages that may result from your choices and actions. We are not responsible for the loss of, damage to, or unavailability of any information you have made available through the Services, and you are solely responsible for ensuring that you have backup copies of any information you have made available through our Site.
We make no representations and offer no warranties, endorsements or guarantees about any third-party services or any content they may provide. We provide information and comparison data and although we may act as an intermediary between you and them, we are not liable for their content, products or services.
No Guarantees. We do our best to be open, direct, current and accurate but we do not guarantee the accuracy of all the information, content, recommendations, and materials made available through the Services. We are not liable for any errors or other inaccuracies in the content on our site and we urge you to bring any errors you identify to our immediate attention. Email firstname.lastname@example.org and we will respond quickly.
Limited liability. We want to help you make better informed decisions but you are responsible for your own financial research and financial decisions. Please appreciate that by using our services you are acknowledging and accepting that we are not responsible for any of your subsequent decisions or actions. We are not liable for the choices you make. If you take action, or authorize third parties to act on your behalf, based on information you receive as a user of finder, then you are responsible for your choices. To the extent permitted by law, we are not liable to you, under any circumstances, for any damage, regardless of their basis at law.
Informational Services. The information provided on our site is provided solely for informational, educational, or entertainment purposes. We are not endorsed by or affiliated with FINRA. We are not a financial institution or insurance provider. We do not offer any representations, warranties, or guarantees, express or implied, regarding the results, benefits or savings that may be obtained through the use of the Services. Before you make any financial decisions, or implement any financial strategy, we recommend that you obtain considered and independent advice from a professional that understands your individual needs and circumstances.
Our Terms are governed by the laws of the State of California, without regard to conflict of law principles. Subject to the following section, you agree that any permitted suit or court proceeding will be submitted to the state courts and federal courts located within California and you acknowledge the exclusive personal jurisdiction of those courts. We operate the Services from our offices in Santa Monica, California, and we make no representations that our services are appropriate or available for use in other locations.
10. Dispute Resolution.
If we have a dispute, that we can’t resolve ourselves, it is in both our interests to resolve the dispute in the most efficient and cost effective manner available to us.
By using our Service, you are agreeing to resolve disputes through binding arbitration or small claims court instead of commencing action in other courts of general jurisdiction. Arbitration is generally less formal and less expensive than litigation because it uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery, and is subject to very limited review by courts. It’s a compelling option for resolving individual claims (class actions are not permitted) because arbitrators can generally award the same damages and relief that a court can award. Arbitration also has a limited focus because Arbitrators can only grant relief (including monetary, injunctive, and declaratory relief) in favour of the individual party seeking relief and only to the extent necessary to resolve the matter in dispute.
Our agreement to arbitrate. You and finder agree to submit all unresolved disputes and claims between us to arbitration. This agreement is intended to be broadly interpreted and encompasses any unresolved dispute whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, excluded by time or membership or the subject of purported class action litigation.
The exceptions. Notwithstanding our agreement to arbitrate, we both agree that either of us can
- bring an individual action in small claims court;
- file suit;
- pursue other enforcement actions; or
- seek injunctive relief.
The Arbitrator. Any arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”) and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting finder.
The process. If we can not successfully resolve a dispute between us after 30 days notice, either party may initiate a binding arbitration. A party who intends to seek arbitration must first send to the other, by email, a Notice that
(a) describes the nature and basis of the claim or dispute (“the problem”); and
(b) sets forth the desired resolution (“the solution”).
The cost. In the event that you commence arbitration in accordance with these Terms, finder will, at your request, reimburse you for your payment of the arbitration filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any request for payment of fees by finder should be submitted by mail to the AAA along with the required documentation. We will pay all necessary fees directly to the AAA. In the event the arbitrator determines that your claim(s) were vexatious, frivolous or brought for an improper purpose, you agree to reimburse us for all fees paid by us.
If your claim is for $10,000 or less, you may choose how the arbitration will be conducted; either on the basis of our written submissions, by teleconference, or by an in-person hearing consistent with the AAA Rules. Regardless of the form of the arbitration, the arbitrator will publish their decision and provide sufficient detail to explain their conclusions and the basis for their decision and any relief granted. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
Individual claims. You and finder agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Unless both you and finder agree otherwise, the arbitrator may not consolidate yours and others’ claims or preside over any form of a representative or class proceeding.
Opting Out. If you are a new finder user, you can choose to reject the arbitration agreement contained in this Section by sending an opt-out notice (“Opt-Out Notice”) to us at email@example.com. Simply title your email “No arbitration” and provide sufficient detail to enable us to identify you. We’ll confirm our receipt of your notice. Please note that the Opt-Out Notice must be submitted to us within fourteen (14) days of you registering as a user.
The Opt-Out Notice must contain your name, address (including street address, city, state and zip code), and the user name(s) and email address(es) associated with the finder account(s) to which the opt-out applies.
If you opt out of the Agreement to Arbitrate, all other parts of the Terms will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with finder.
Changing these terms. If finder makes any future change to this Agreement to Arbitrate (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the Notice Address provided above. You acknowledge and agree that, in the event you reject any future change, your account with finder shall be immediately terminated and you will arbitrate any dispute between us in accordance with this provision.
Application. If any part of this section is found to be invalid or unenforceable, the other parts of this section still apply. If the entirety of this section is found to be unenforceable, then the parties agree that the exclusive jurisdiction and venue described above shall apply. The remainder of these Terms will continue to apply.
11. Notice to California Residents.
Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.
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