Terms & Conditions of Use
The following is an agreement between yourself (you) and What’s My Payment, LLC (WhatsMyPayment.com, we, or us). By using this website (“the website”) and accessing any of the contents contained in it, you agree to be bound by the following terms and conditions. If you disagree with any of the Terms and Conditions of Use below, please navigate away from the site. These terms function closely with our Privacy Policy, so please review those too.
1. Basic Disclaimers
This website is provided to you by WhatsMyPayment.com, 655 West Columbia Way, #300, Vancouver, WA 98660. WhatsMyPayment.com strives to ensure the information contained on the website is accurate, although occasionally errors may occur. WhatsMyPayment.com reserves the right to make changes and/or improvements to this website at any time. Further, THIS WEBSITE AND THE INFORMATION, SOFTWARE, AND SERVICES ARE PROVIDED 'AS IS' WITH NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. WHATSMYPAYMENT.COM, OR ANY OF ITS AFFILIATES, IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER INJURY ARISING OUT OF THE USE OF THE SITE.
2. Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
3. Intellectual Property
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, source code, calculations, products, data, functionality, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by WhatsMyPayment.com, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Unless otherwise noted, any and all other copyrights, trademarks or service marks located on the site are the property of their respective owners.
Testimonials
You acknowledge and agree that all testimonials or comments submitted to WhatsMyPayment.com will become and remain our exclusive property, even if the provisions of these Terms of Use are later modified or terminated. This means that you irrevocably grant to WhatsMyPayment.com the unrestricted right (now and in the future, without notice, compensation or other obligation to you or any other person) to use your statement, image, likeness, as they may be used, in any medium, in connection with an advertisement or for any other publicity purpose. You further agree that WhatsMyPayment.com may use any percentage of your testimonial, image, likeness and/or works, in any way that it sees fit, and may exclude your name or use a fictitious name herewith.
4. Lending Services
Terms Applicable to Loan Request Services
WhatsMyPayment.com does not endorse, recommend, or steer consumers to any specific loan product that we offer, nor do we guarantee approval on any loan product. You make the ultimate decision on the loan product that is best for your individual financial situation.
Loan Information Requests
By using, you will be matched with participating members of the Mortgage Research Center, LLC network who may contact you with information related to home buying and financing (“Networks Members”). These Network Members typically have paid to be included but are not endorsed by Mortgage Research Center, LLC or us. When you submit a request for information (an “inquiry”) to WhatsMyPayment.com, we will share the personal information that you provided, including but not limited to your full name, email address, telephone number, estimated credit score, and any other information you provided (“Self-Reported Information”) with the Network Members to process and fulfill your request, powered by Mortgage Research Center, LLC. Any inquiry you submit is NOT an application for credit. Rather, it is an inquiry to be matched with one or more Network Members to receive conditional loan offers from them. Once you submit an inquiry, a Network Member will contact you, most likely by telephone at the phone number you provided. The Network Member will ask you for additional information. WE WILL NOT ACCESS YOUR CREDIT WITHOUT YOUR EXPRESS VERBAL OR WRITTEN PERMISSION.
The data and other information you may provide WhatsMyPayment.com is not an application for a loan or a request to be pre-approved or pre-qualified. You further acknowledge that we are not acting as your agent or broker and are not recommending any particular loan product or Network Member to you. WhatsMyPayment.com does not guarantee specific loan terms or qualifications with any Network Member. You agree that we will not be liable for any damages or costs of any type which arise out of or in connection with your use of a Network Member's service.
Any compensation we may receive is paid by the individual Network Member for the products and services rendered by us to that particular Network Member. We do not charge you a fee to use our Website(s).
By submitting your inquiry, you are consenting to be contacted by one or more Network Members either by telephone (on a recorded line), automated calling, on a mobile device, via text message, email or mail, based on the information you have provided to us. You understand that Network Members may maintain the information you submitted to us whether you elect to use their services or not. You agree to notify any particular Network Member directly if you no longer want to receive communications from them. You also give us permission to send you periodic updates of current loan products which may be of interest to you. Network Members may also share your completed Loan information with us in order to comply with legal or regulatory requirements, or for internal marketing and analytics. You are providing express written consent for us to retain this information upon completion of an inquiry form and the selected Network Member to share this information with us for this purpose.
Errors and Delays
WhatsMyPayment.com is not responsible for any errors or delays in responding to your inquiry arising out of inaccurate information provided by you, or any other cause outside of our commercially reasonable control.
Costs
There is no charge to you, as a consumer, for using the services provided on this Site.
5. Indemnity
You agree to indemnify WhatsMyPayment.com and its affiliates from and against all liabilities, expense (including attorney's fees) and damages arising out of any claims resulting from your use of this website, including without limitation any claims alleging facts that, if true, would constitute a breach by you of these Terms and Conditions of Use.
6. Choice of Law
You agree that the laws of the State of Florida govern this contract and any claim or dispute that you may have against us, without regard to Florida's conflict of laws rules. You further agree that a court located in Florida will resolve any disputes or claims that you may have against us.
7. Dispute Resolution
Any claim, dispute, or cause of action arising out of the use of the Site shall be subject to arbitration under the commercial arbitration rules of the American Arbitration Association, in a proceeding held before one arbitrator as chosen by WhatsMyPayment.com. The arbitration shall occur in Broward County, Florida. Any claim, dispute, or cause of action shall be resolved in the arbitration proceeding and shall be binding on all parties. You, as the consumer, waive and forfeit any and all rights to any action in state or federal court to defend or assert your rights.
8. Disclaimer of Warranties
We provide This website “as is”, “with all faults” and “as available.” YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. Neither we nor our Contributors make any express warranties or guarantees about This website and its Content. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT THIS WEBSITE AND ITS CONTENT ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, TIMELY, RELIABLE OR NON-INFRINGING. WE DO NOT GUARANTEE THE RESULTS THAT YOU MAY OBTAIN FROM YOUR USE OF THIS WEBSITE. WE DO NOT GUARANTEE THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THIS WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY.
9. Limitation of Liability
OUR PARENT, OUR CONTRIBUTORS, OUR DISTRIBUTORS AND WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THIS WEBSITE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR AND OUR SUPPLIER'S LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
YOU AGREE, AND YOU WILL REQUIRE THAT ANY THIRD PARTY WHO INDIRECTLY USES THE CONTENT PROVIDED BY YOU (“THIRD PARTY USER”) TO AGREE, THAT IN NO EVENT SHALL WE OR OUR CONTRIBUTORS BE LIABLE FOR THE RESULTS OF ANY THIRD PARTY USER'S USE OR RELIANCE UPON THIS WEBSITE, FOR ITS INABILITY OR FAILURE TO CONDUCT ITS BUSINESS, OR FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST DATA OR LOST PROFITS, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE.
IN NO EVENT SHALL OUR OR OUR CONTRIBUTORS’ CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE THIS WEBSITE SERVICES EXCEED THE TOTAL AMOUNT YOU PAID FOR THE PARTICULAR THIS WEBSITE SERVICE WITHIN AN IMMEDIATE TWELVE-MONTH PERIOD.
10. Complete Agreement
This Agreement and any supplemental terms, policies, rules and guidelines posted on this website constitute the entire agreement between you and WhatsMyPayment.com and supersede all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
11. Comments and Concerns
This website is operated by WhatsMyPayment.com.
Any feedback, comments, requests for technical support, and other communications relating to the Website should be directed to:
What's My Payment, LLC
655 W. Columbia Way, #300
Vancouver, WA 98660
Please Print and Retain a Copy of this Agreement for Your Records.
