Terms Of Use

Please readthis Terms of Use Agreement ("Agreement") carefully. By accessing this Web site and any pages hereof, you agree to be bound by the terms and conditions below. This Agreement contains an agreement to arbitrate all Claims and disclaimers of warranties and liability. These provisions form an essential basis of our bargain. If you do not agree to these terms and conditions, do not access this Web site.

Real Estate Referral Rebate Corporation operates this Web site. For purposes of this Agreement, “Refer Yourself Real Estate Rebate” means Real Estate Referral Rebate Corporation.

SECURITY POLICY

Refer Yourself Real Estate Rebate uses extensive and sophisticated secure technology to protect your data and transmissions between you, Refer Yourself Real Estate Rebate, banks, lenders, loan brokers, moving companies and real estate professionals participating in this web site. Here are the highlights:

* Transmission between browsers and our web server is implemented using Secure Sockets Layer (SSL) technology. This technology requires an SSL-capable browser such as MS Internet Explorer 3.0 (or later) or Netscape Navigator 2.0 (or later).
* Transmissions between Refer Yourself Real Estate Rebate and the participating Lender or Refer Yourself Real Estate Rebate and real estate professionals are encrypted using public key cryptography algorithms with a minimum key size of 128 bits.
* Our database is physically separated from our web server and is protected by a physical firewall.

Although Refer Yourself Real Estate Rebate has taken these reasonable and appropriate measures to ensure that your personal information is delivered and disclosed only in accordance with your instructions, Refer Yourself Real Estate Rebate cannot and does not guarantee that the personal information you provide will not be intercepted by others and decrypted.

LOAN ORIGINATION SERVICES

You certify that all of the information you have provided in your completed pre-approval form is true and complete. You authorize Refer Yourself Real Estate Rebate to check your credit history, and to provide your information, including your credit history, to one of its approved lenders; provided, however, that if a lender is unable to make an offer, Refer Yourself Real Estate Rebate may submit your information to an additional lender. If you complete the first page of the pre-approval form but leave portions of the form incomplete, Refer Yourself Real Estate Rebate will transmit your pre-approval form to one of its approved lenders, who will possibly extend a loan offer to you.

By completing the first page of the pre-approval form, you authorize Refer Yourself Real Estate Rebate to transmit your pre-approval form to one of its approved lenders. No credit check will be performed on behalf of Refer Yourself Real Estate Rebate if you have not fully completed your pre-approval. Refer Yourself Real Estate Rebate will share your information within its network and/or partners. You further authorize the lender to check your credit history and to return their decision to you via the Refer Yourself Real Estate Rebate system. At the present time, Fair, Isaac and Co. (the company that provides "FICO" credit scores) reports that, for mortgage, home equity or auto loans, it consolidates all credit inquiries that occur within a 14-day period into one inquiry for scoring purposes. You understand that the lender may keep this form, whether or not you are qualified for a loan with them.

Refer Yourself Real Estate Rebate is not a lender and does not make loans or credit decisions in connection with loans. Refer Yourself Real Estate Rebate does not endorse or recommend the products of the lender on its website. Refer Yourself Real Estate Rebate is not an agent of either you, the user, or the lender. Refer Yourself Real Estate Rebate's services are administrative and consultative only. You should rely on your own judgment in deciding which available loan product best suits your needs and financial means. The lender is solely responsible for its services to you, and you agree that Refer Yourself Real Estate Rebate shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such services.

This Web site and the services provided by Refer Yourself Real Estate Rebate are available only in connection with (a) mortgage loans made on real property located in the fifty states and the District of Columbia unless otherwise specified, and (b) non-mortgage loans made to citizens and residents of the United States. Loans may only be made to residents of, or secured by real property located in, states where the lender is licensed or authorized to make such loans. The lender is not attempting to make loans outside of their authorized states or country by participating in and offering their products on this Web site.

Refer Yourself Real Estate Rebate and the its lenders expressly reserve the right to discontinue, suspend or terminate the offering of any loan product in any specific state through this Web site. Refer Yourself Real Estate Rebate does not guarantee acceptance into any particular loan program or specific loan terms or conditions with its lenders; loan approval standards are established and maintained solely by the individual lenders. Likewise, Refer Yourself Real Estate Rebate does not guarantee that the loan terms or rates offered and made available by the participating lenders through this Web site are the best terms or lowest rates available in the market. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for a loan commitment or interest rate lock-in agreement. Refer Yourself Real Estate Rebate does not charge you, the user, a fee to use our service. Refer Yourself Real Estate Rebate is paid a fee by real estate brokers for the services provided. Your use of this Web site and/or Refer Yourself Real Estate Rebate's services constitutes your agreement with this compensation arrangement.

By completing the pre-approval form, you understand and agree that you are submitting an inquiry as to a lending product with Refer Yourself Real Estate Rebate and the lenders to whom your loan request is transmitted. By submitting the pre-approval, you are also extending an express invitation to the lender making you a loan offer to contact you by telephone at the numbers you have provided so they may assist you with your transaction, and you hereby consent to any such calls even if your phone number is on any Do Not Call list. By saving your information with Refer Yourself Real Estate Rebate and/or submitting a pre-approval, you give Refer Yourself Real Estate Rebate permission to make recorded calls to remind you of any deadlines or issues in connection with your loan request.

Your loan request may be matched to Flagstar Bank or First National Financial Corporation, both licensed mortgage lenders, which are separate companies from Refer Yourself Real Estate Rebate.

REAL ESTATE SERVICES

You certify that all of the information you have provided in this referral form is true and complete. You authorize Refer Yourself Real Estate Rebate to forward your information to its network of real estate professionals. You further understand and agree that by selecting a real estate company or professional, you are extending an express invitation for them to contact you by telephone at the numbers you have provided, and you hereby consent to any such calls even if your phone number is on any Do Not Call list. In addition, by completing and submitting a request for more information regarding a real estate listing or requesting contact with a real estate professional, you understand and agree that you are extending an express invitation to real estate professionals to call you by telephone at the numbers you have provided, and you hereby consent to any such calls even if your phone number is on any Do Not Call list. You understand that these real estate professionals may keep the information you submit whether or not you communicate with them regarding a real estate listing and whether or not you complete a real estate transaction with them. Real estate programs are administered by Refer Yourself Real Estate Rebate, a licensed real estate broker.

Your use of this Web site and/or Refer Yourself Real Estate Rebate's services constitutes your agreement with the cash back rebate compensation arrangement. Cash back rebate incentives are only available to customers who use a Refer Yourself Real Estate Rebate network real estate professional to buy or sell their home. Customers must have been connected with the real estate professional through Refer Yourself Real Estate Rebate to be eligible for incentives. Certain states require that incentives be given as either a credit at closing or as a reduction of your real estate commission. The programs may be available on modified terms, or may be prohibited, in certain jurisdictions. Other restrictions may apply.

Registration

By completing and submitting a pre-approval form or otherwise registering with this site, you hereby understand and agree that you have established a business relationship between you and Refer Yourself Real Estate Rebate which is the owner of this site. As such, you agree that Refer Yourself Real Estate Rebate may contact you using information you provided with information and offers of services available through Refer Yourself Real Estate Rebate and any of its Web sites. You hereby consent to any such communication or phone calls even if your phone number is on any Do Not Call list.

COPYRIGHT AND TRADEMARK NOTICES

All contents of this Web site are: Copyright © 2005 Real Estate Referral Rebate Corporation and/or its suppliers, participating lenders, moving companies or real estate professionals, 1475 W Big Beaver Road, Troy, Michigan, U.S.A. All rights reserved. Refer Yourself Real Estate Rebate is a service mark of Real Estate Referral Rebate Corporation. Other product and company names mentioned herein, including the names of participating lenders, may be the trademarks of their respective owners.

DISCLAIMERS AND LIMITATIONS

Refer Yourself Real Estate Rebate intends that the information contained in its Web site be accurate and reliable; however, errors sometimes occur. In addition, changes and improvements to the information provided herein may be made by Refer Yourself Real Estate Rebate at any time. THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." REFER YOURSELF REAL ESTATE REBATE AND/OR ITS SUPPLIERS, PARTICIPATING LENDERS, MOVING COMPANIES OR REAL ESTATE PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THIS WEB SITE AND/OR REFER YOURSELF REAL ESTATE REBATE'S SERVICES IS AT YOUR OWN RISK. REFER YOURSELF REAL ESTATE REBATE AND/OR ITS SUPPLIERS, PARTICIPATING LENDERS, MOVING COMPANIES OR REAL ESTATE PROFESSIONALS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE AND/OR REFER YOURSELF REAL ESTATE REBATE'S SERVICES OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF REFER YOURSELF REAL ESTATE REBATE AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

INDEMNITY

As a condition of use of this Web site and/or Refer Yourself Real Estate Rebate's services, you agree to indemnify Refer Yourself Real Estate Rebate and its suppliers, participating lenders, moving companies or real estate professionals from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of this Web site, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.

LINKS TO THIRD PARTIES

This Web site may contain links to Web sites maintained by third parties. Such links are provided for your convenience and reference only. Refer Yourself Real Estate Rebate does not operate or control in any respect any information, software, products or services available on such Web sites. Refer Yourself Real Estate Rebate's inclusion of a link to a Web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

ERRORS AND DELAYS

Refer Yourself Real Estate Rebate is not responsible for any errors or delays in responding to a pre-approval form or referral form caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control.

DISPUTE RESOLUTION

Any claim or controversy arising out of or relating to the use of this Web site, to the goods or services provided by Refer Yourself Real Estate Rebate, or to any acts or omissions for which you may contend Refer Yourself Real Estate Rebate is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitration shall be venued in Oakland County, Michigan. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to Refer Yourself Real Estate Rebate. In any arbitration, Refer Yourself Real Estate Rebate will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party, provided, however, that in Maine any cost to the consumer shall be limited to the cost of filing a court case. To begin the arbitration process, a party must make a written demand therefor.

Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Oakland County, Michigan. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto, except in Maine where state law will control all rights and remedies in the arbitration. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND REFER YOURSELF REAL ESTATE REBATE WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using Refer Yourself Real Estate Rebate's goods and services you consent to these restrictions.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Refer Yourself Real Estate Rebate, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Oakland County, Michigan. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees.

OTHER TERMS

This Agreement constitutes the entire agreement between you and Refer Yourself Real Estate Rebate and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Refer Yourself Real Estate Rebate with respect to this Web site and information, software, products and services associated with it. This Agreement shall be subject to and construed in accordance with the laws of the State of Michigan, excluding its conflict of laws principles. 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. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.