1. ACCEPTANCE OF TERMS
The internet site RefinanceKansasCity.com, provides the information and services on the RefinanceKansasCity.com site to you, the user, conditioned upon your acceptance, without modification, of the terms and conditions of use ("Terms") contained herein. Your use of the RefinanceKansasCity.com sites constitutes agreement with such Terms.
Before using the RefinanceKansasCity.com Sites, please carefully read this agreement relating to your use of the RefinanceKansasCity.com Sites. By using the RefinanceKansasCity.com Sites, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the RefinanceKansasCity.com Sites.
RefinanceKansasCity.com reserves the right, at RefinanceKansasCity.com's sole discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified agreement to the website unless provided otherwise (e.g., when implementing major, substantive changes, RefinanceKansasCity.com intends to provide users with up to fourteen days of advance notice). Your continued use of the the RefinanceKansasCity.com Sites following the posting of changes to these Terms will mean that you accept those changes.
Use of the RefinanceKansasCity.com Sites constitutes full acceptance of and agreement to the Terms; if a user does not accept RefinanceKansasCity.com Terms, he or she is not granted rights to use the RefinanceKansasCity.com Sites as defined herein, and should refrain from accessing the RefinanceKansasCity.com Sites.
Should the Online Terms of Use Policy change, we intend to take every reasonable step to ensure that these changes are brought to your attention by posting all changes prominently on our web site for a reasonable period of time and by amending this privacy policy. To update these Terms, RefinanceKansasCity.com will post both the changed version and its effective date.
RefinanceKansasCity.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any or all the RefinanceKansasCity.com Sites (or any part thereof). RefinanceKansasCity.com shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
2. NO UNLAWFUL OR PROHBIITED USE
By using the RefinanceKansasCity.com Sites, you warrant to RefinanceKansasCity.com that you will not use the RefinanceKansasCity.com Sites, or any of the content obtained from the RefinanceKansasCity.com Sites, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the RefinanceKansasCity.com Sites automatically terminates.
3. DESCRIPTION OF SERVICES
The RefinanceKansasCity.com Sites are owned and operated by RefinanceKansasCity.com for the purpose of marketing to our clients and delivering products to end-users and clients.
4. REGISTRATION OBLIGATIONS
In order to use RefinanceKansasCity.com services a user must first complete the registration process. During registration a user is required to provide contact information (such as name, email address, home address, etc) ["Contact Information"], which is used to contact the user about promotional products and services available from our affiliate partners and other web sites registered in our database as offering free products and services. This Privacy Policy also applies to users that have agreed to receive e-mail marketing from RefinanceKansasCity.com and our affiliate partners, whether at our website, via email, via third party websites, via co-registration or otherwise. Contact Information will also be used to provide you with specific products and services for which the user has expressed interest.
USERS DESIRING TO REMOVE THEIR CONTACT INFORMATION FROM THE RefinanceKansasCity.COM DATABASE MUST FOLLOW THE "REMOVE" PROCEDURE CONTAINED WITHIN EACH E-MAIL FROM THE COMPANY.
When requested, each RefinanceKansasCity.com Site user must: (1) personally provide true, accurate, current and complete information on the RefinanceKansasCity.com Site's registration form (collectively, the "Registration Data") and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, RefinanceKansasCity.com has reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, RefinanceKansasCity.com may suspend or terminate that user's account and prohibit any and all current or future use of the RefinanceKansasCity.com Sites (or any portion thereof) by that user other than as expressly provided herein.
Each user may receive passwords and account designations upon completing certain RefinanceKansasCity.com Site registration processes and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. RefinanceKansasCity.com cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section 4, including any loss or damage arising from any user's failure to: (1) immediately notify RefinanceKansasCity.com of any unauthorized use of his or her password or account or any other breach of security; and (2) ensure that he or she exits from his or her account at the end of each session.
RefinanceKansasCity.com handles user Registration Data in accordance with the RefinanceKansasCity.com Site Privacy Policy.
5. SECURITY
RefinanceKansasCity.com takes precaution to protect its users' information. When users submit sensitive information via the RefinanceKansasCity.com Web Site, their information is protected both online and off-line. All of our users' information, Contact Information and/or Collected Information, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerks or a customer service representative) are granted access to Contact Information and/or Collected Information. The servers that store Contact Information and/or Collected Information is housed in a locked, guarded, secure environment. If users have questions or concerns regarding this statement, they should contact RefinanceKansasCity.com Customer Support by email at support AT RefinanceKansasCity.com.
The site maintains two groups of data: The first group, "Anonymous usage tracking," involves anonymous information generated by the HTTP protocol, your interaction with the page, any search terms, a tracking cookie, as well as information about your computer and the click stream data including the HTTP referrer, computer operating system, and web browser. This information is used by RefinanceKansasCity.com to enable you to utilize the web site, enable us to administer the rise, analyze user behavior, and engage in user profiling and decision making. This information is anonymous and is not connected with your user information should you choose to enter it.
We collect the second group of data: "Collected lead information." This information includes your name, contact information, relevant financial information, and computer and the click stream data including the HTTP referrer, computer operating system, and web browser. This information will be used by affiliated companies, considered agents within the P3P specification, to contact you regarding mortgage lending services. By entering this information, you opt-in list to be contacted regarding debt consolidation or refinancing of your existing mortgage. This is provided to affiliated mortgage lenders to generate a quotation. Our site makes use of cookies. Cookies are used for the following purposes: site administration, completing the user's current activity, pseudo-anonymous analysis, pseudonym-based decision-making, and research and development. You may disable the cookie functions of your web browser. RefinanceKansasCity.com may disclose personal information when required by law or in the good-faith belief that such action is necessary in order to conform to the edicts of the law. This policy is reviewed by RefinanceKansasCity.com from time to time.
6. CHOICE / OPT-OUT
Registered users are given the opportunity to 'opt-out' from having their information used for purposes not directly related to our Site at the point where we ask for information. For example, our registration form will have an 'opt-in' mechanism if we implement a program asking you for consent to receive promotions according to your particular interests. Users must proactively choose to receive these promotions. Users of our Site are always notified when their information is being collected by any outside parties. We do this so our users may make an informed choice as to whether or not they should proceed with services that require an outside party.
If you choose to provide such information to RefinanceKansasCity.com, you have the right to tell us not to make some of the uses of such information described herein or may have such information deleted in its entirety. If you no longer wish to receive our newsletters, surveys or promotional communications via email, simply click our unsubscribe link on our website. To have your personal information completely removed from our databases, simply contact us at privacy AT RefinanceKansasCity.com and provide the name of the service for which information was provided, you full name, mailing address, phone number and email address so that we may identify you in the opt-out process. Once we receive your instruction, we will promptly take corrective action.
7. NO RESALE OF SERVICE
You agree not to sell, resell, or offer for any commercial purposes, any portion of the RefinanceKansasCity.com Sites, use of the RefinanceKansasCity.com Sites, or access to the RefinanceKansasCity.com Sites.
8. GENERAL PRACTICES REGARDING USE AND STORAGE
RefinanceKansasCity.com may establish general practices and limits concerning use of the RefinanceKansasCity.com Sites. While RefinanceKansasCity.com will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, RefinanceKansasCity.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by any RefinanceKansasCity.com Site. RefinanceKansasCity.com reserves the right to mark as "inactive" and archive accounts and/or Content that are inactive for an extended period of time. RefinanceKansasCity.com reserves the right to change these general practices at any time, in its sole discretion, with notice to users and the public as described in Section 1 above.
9. CHILDREN’S PRIVACY
In Compliance with the Children’s Online Privacy Protection Act (COPPA), RefinanceKansasCity.com is not structured to attract children; accordingly, we do not intend to collect personally identifiable information from anyone we know to be under 13 years of age.
10. TERMINATION
RefinanceKansasCity.com may terminate a user's account in RefinanceKansasCity.com's absolute discretion and for any reason. RefinanceKansasCity.com is especially likely to terminate for reasons that include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; (3) use of an RefinanceKansasCity.com Site in a manner inconsistent with the Purpose; (4) a user's request for such termination; or (4) as required by law, regulation, court or governing agency order.
RefinanceKansasCity.com's termination of any user's access to any or all the RefinanceKansasCity.com Sites may be effected without notice and, on such termination, RefinanceKansasCity.com may immediately deactivate or delete user's account and/or bar any further access to such files. RefinanceKansasCity.com shall not be liable to any user or other third party for any termination of that user's access or account hereunder. In addition, a user's request for termination will result in deactivation but not necessarily deletion of the account. RefinanceKansasCity.com reserves the right to delete, or not delete, a user's account at RefinanceKansasCity.com's sole discretion.
11. LINKS
RefinanceKansasCity.com, any RefinanceKansasCity.com Site or a third party may provide links to other websites. RefinanceKansasCity.com exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. RefinanceKansasCity.com shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk.
The RefinanceKansasCity.com site Privacy Statement is applicable only when you are on an RefinanceKansasCity.com Sites. Once you choose to link to another website, you should read that website's privacy statement before disclosing any personal information.
12. INDEMNITY; DISCLAIMER; LIMITATIONS OF LIABILITY
Each user shall indemnify, defend and hold harmless RefinanceKansasCity.com, and its affiliates and their respective officers, employees and agents, and each of RefinanceKansasCity.com's website partners, from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys' fees, made by any third party due to or arising out of that user's acts or omissions, including claims arising out of that user's use of the RefinanceKansasCity.com Sites; his or her submission, posting or transmission of Content or his or her violation of the Terms.
EACH USER'S USE OF THE RefinanceKansasCity.COM SITES IS AT HIS OR HER SOLE RISK. THE RefinanceKansasCity.COM SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND RefinanceKansasCity.COM ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. RefinanceKansasCity.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, RefinanceKansasCity.COM MAKES NO WARRANTY THAT (i) THE RefinanceKansasCity.COM SITES OR ANY SERVICE THEREON WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF RefinanceKansasCity.COM'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, RefinanceKansasCity.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RefinanceKansasCity.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE ANY RefinanceKansasCity.COM SITE OR SERVICES THEREON; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE RefinanceKansasCity.COM SITES; OR ANY OTHER MATTER RELATING TO THE RefinanceKansasCity.COM SITES. IN NO EVENT SHALL RefinanceKansasCity.COM'S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $1,000.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN RefinanceKansasCity.COM AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, RefinanceKansasCity.COM DOES NOT AND CANNOT CONTROL THE ACTIONS OF RefinanceKansasCity.COM SITE USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO THE RefinanceKansasCity.COM SITE. OPERATION OF THE RefinanceKansasCity.COM SITES MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY RefinanceKansasCity.COM
13. COPYRIGHTS
RefinanceKansasCity.com respects the intellectual property rights of others, and requires that the people who use the RefinanceKansasCity.com Sites do the same. It is our policy to respond promptly to claims of intellectual property misuse.
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
(1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
(2) identification of the copyrighted work that you claim has been infringed;
(3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit RefinanceKansasCity.com to locate the material, including the full URL.
(4) your name, address, telephone number, and email address.
(5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
If RefinanceKansasCity.com receives such a claim, RefinanceKansasCity.com reserves the right to refuse or delete Content, or to terminate a user's account in accordance with Section 7.
Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act OF 1998 ("DMCA") is:
Roger Holmes
Information Technology Director, RFKC
IT at RefinanceKansasCity.com
After receiving a claim of infringement, RefinanceKansasCity.com will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, RefinanceKansasCity.com will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. RefinanceKansasCity.com will take reasonable steps to expeditiously notify the subscriber that it has removed or disabled access to such material.
Upon receipt of a proper counter notification under the DMCA, RefinanceKansasCity.com will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that it will replace the removed material or cease disabling access to it in ten (10) to fourteen (14) business days. Additionally, RefinanceKansasCity.com will replace the removed material and cease disabling access to it ten (10) to fourteen (14) business days following receipt of the counter notice, unless RefinanceKansasCity.com's designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the RefinanceKansasCity.com system or network.
You may provide us with a counter notification by providing our copyright agent the following information in writing:
(1) your physical or electronic signature;
(2) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled, including the full URL;
(3) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
(4) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which RefinanceKansasCity.com may be found and that you will accept service of process from the person who provided the initial notification of infringement.
14. GENERAL INFORMATION
The Terms constitute the entire agreement between each user and RefinanceKansasCity.com and govern each user's use of the RefinanceKansasCity.com Sites, superseding any prior agreements. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The Terms and the relationship between each user and RefinanceKansasCity.com shall be governed by the laws of the State of Missouri without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the county of Jackson, Missouri. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
15. VIOLATIONS
Please report any violations of the Terms (except for claims of intellectual property infringement) to the RefinanceKansasCity.com Site Director: support AT RefinanceKansasCity.com.
Version: x29 Last Updated: 6.1.2008
