General Terms

Date of Last Revision: February 28, 2025.

Welcome to our website ("www.PathToHomeBuying.com" or "Website") powered by FreeRateUpdate.com.

Your use of this Website and FRU's other products, software, services, and servers (referred to collectively as our "Service") is subject to the terms and conditions of this General Terms Agreement ("Agreement"), which is binding and enforceable between you and FRU, as defined herein.

1. Introduction.

   When you access this Website or otherwise use our Service, you agree to be bound by this Agreement which governs your relationship with FreeRateUpdate.com LLC, a Nevada Limited Liability Company whose principal place of business is located at 5 Christy Drive, Suite 204, Chadds Ford, PA 19317 (collectively "FRU" or "us" or "our" or "we"). FRU is the owner and operator of this Website. For the purposes of the Agreement, "you" means, depending on the context: an individual member of the consuming public that is using our Service to search for competitive mortgage rates on the Internet; if such individual is using the Service on behalf of an entity or organization, then such entity or organization (and each of its successors and assigns); or the business entity whose individual authorized agent is registering as a Lender on our Service.

   The terms and conditions provided in the Agreement apply to all users of our Service, including mortgage lenders that register on our Service as a Lender ("Registered Users") and individual consumers part of the public at large ("Users").

   By using our Service, you acknowledge and agree that you have fully read and agree to be bound by the provisions of this Agreement. If you do not agree to be bound by this Agreement in its entirety, then you must immediately stop accessing or otherwise using our Service.

   PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING A USER'S LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. IT ALSO CLEARLY SPECIFIES THE MANNER BY WHICH ACCEPTANCE OF THIS AGREEMENT OCCURS. THE LIMITATIONS AND EXCLUSIONS CONTAINED HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND FRU.

   MANDATORY ARBITRATION NOTICE AND CLASS ACTION AND JURY TRIAL WAIVER. This Agreement contains a mandatory (binding) arbitration provision and class action and jury trial waiver clauses. Except for certain types of disputes described in the arbitration section below or where prohibited by applicable law, you agree that disputes between you and us regarding your use of the Service will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration, including as a class representative. The arbitrator's decision will be subject to very limited review by a court. You will be entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in Court. For more details, see below.

   Privacy Policy. Besides this Agreement, we also publish a Privacy Policy. Although it is not part of this Agreement, we encourage you to read the Privacy Policy to better understand how you can update, manage, access, and delete your information.

2. Our Service.

   The Agreement and the terms contained herein are included by reference in the subsequent agreements entered into between FRU and a Registered User and constitute the minimum terms and conditions controlling use of our Service. For Registered Users, the term "Agreement," as used herein, refers to any agreement entered into between a Registered User and FRU that includes this Agreement by reference.

   Our Service includes all pages on our Website's domain (www.freerateupdate.com) and all pages on any related sub-domains, all of which are controlled by this Agreement.

   FRU, via our Website, provides certain services that include lead generation services that match the needs of the consuming public searching for competitive mortgage rates with the rates available from our participating lenders ("Lenders").

3. Modifications.

   1. FRU reserves the right to change or revise our Service or this Agreement at any time in our sole discretion and without notice. The date on which this Agreement was last updated will be shown as "Date of Last Revision" at the top of this Agreement. You waive any right you may have to receive specific notice of such changes to this Agreement except for changes to our agreement to mandatory arbitration, which is discussed more fully below. Your continued access and use of our Service following the posting of any such changes shall automatically be deemed your acceptance of all changes. You are responsible for regularly reviewing this Agreement.

4. Eligibility Requirements.

   1. FRU requires, and enforces, strict compliance with our eligibility ("Eligibility") requirements, found in this Section 4.1. Our Service provided through this Website is intended for and is limited to use by residents in the United States. It is intended solely for members of the consuming public that are of legal age (over 18).

5. Lender Networks.

   1. All Lenders are required to become "Registered Users" on our Service in order to participate in FRU's network of participating lenders that make Offerings (defined in Section 6.2 below) that are displayed on the Website ("Network").

6. Marketplace Intermediary.

   1. FRU is a marketing lead generator ("MLG"). As such, FRU DOES NOT PERFORM ANY OF THE FOLLOWING BUSINESS FUNCTIONS ON YOUR BEHALF AS A CONSUMER USER, ON BEHALF OF OUR REGISTERED USER LENDERS, OR ON BEHALF OF ANY THIRD PARTY: (a) take or assist with taking loan applications; (b) arrange, offer, or make loans, or offer or negotiate the rates for loans; (c) make credit decisions; (d) retrieve credit scores or reports from third parties; or (e) issue loan commitments, lock-in agreements, preapprovals, or pre-qualifications.
   2. As an MLG, FRU simply gathers some basic information about you and your mortgage requirements that you provide us (“Submission”) and forwards this information to certain Network members, depending on the information in your Submission, which subsequently may provide you with one or more Offerings. An Offering is an advertised rate or other information about a mortgage product that Lender has indicated it has available for qualifying consumers following FRU’s distribution of the Submission to Lenders. An Offering is an advertisement of a rate that is actually available by a Lender at the time the consumer visits the Website and is not an offer or commitment for a mortgage, nor does it constitute a prequalification or preapproval or an offer for the same. An Offering also is subject to the disclaimers and other information contained within the Advertising Disclosure on the Website.
   3. You acknowledge and agree that FRU is not endorsing or recommending, implicitly or explicitly, any particular Lender or Lenders and is not acting as your agent with respect to your interaction with any particular Lender or Lenders within its Network. You further acknowledge and agree that FRU makes no representations, recommendations, or endorsements, expressly or implicitly, of any kind regarding the generation or presentation of the Offerings on the Website. If you are a User, you further acknowledge and agree that FRU has not charged you a fee for your Submission or for any other function or feature provided by our Service.
   4. You, as a consumer User, acknowledge and agree that the requirements of any Offerings that may be made available by a Lender including, but not limited to, rates and fees where applicable, are made by the Lender and that FRU does not recommend, endorse, warrant or guarantee the availability of any such Offerings, nor does FRU participate in the transaction between you and a Lender pertaining to said Offerings.
   5. You acknowledge and agree that by providing FRU with a Submission you are consenting to be contacted by one or more Lenders in our Network and by any suitable medium including, but not limited to, via a mobile device or email, based on the information provided in said Submission, even if you have opted out of a National, State, or company Do Not Call list.
   6. You acknowledge and agree that a Lender may maintain information provided by you in your Submission, even if said Lender does not respond to your Submission with one or more Offerings. You further acknowledge and agree that it is your responsibility to contact a Lender directly if you no longer want to receive further communications from said Lender.
   7. You acknowledge and agree that Lenders in our Network expressly reserve the right to terminate the availability of any and all Offerings, at the Lenders’ sole discretion, and that FRU has no control over Lender Offerings, with respect to their availability, terms, or in any manner whatsoever.

7. Limited License.

   1. All content on our Service including, without limitation, designs, text, graphics, logos, icons, documents, services, pictures, video, information, applications, software, metadata, code, music, files, and other content, and their selection and arrangement (collectively, the "Information"), are the sole property of FRU or its licensors with all rights reserved.
   2. If you meet the requirements of Eligibility, and have properly gained access to our Service as provided for in this Agreement, then you are granted a limited license to use our Service and the Information, and to download and print a copy of any portion of the Information for non-commercial use, provided that you keep all copyright or other proprietary notices intact.
   3. As pertaining to all the Information you may not make available, in any form and by any mechanism, said Information on any public or private website or incorporate the Information in any other database or compilation.
   4. Any use of the Information, other than as set forth herein, is strictly prohibited. This limited license allows you to use the Information only for lawful uses in accordance with the foregoing and, unless expressly authorized by FRU in writing, does not allow you to sell the Information, use the Information for any commercial purpose (including, without limitation, in connection with the training, development, or use of a machine learning and/or artificial intelligence model or tool), or use any type of data mining, indexing, monitoring, scraping, spidering, crawling, harvesting, or similar data gathering or extraction methods, whether by automated means or manual processes, on any portion of our Service or the Information.
   5. Absent prior written consent from FRU, you may not copy, reproduce, imitate, dilute, alter, use in a confusing or misleading manner, or otherwise exploit any elements of our Service or the Information, including but not limited to, graphics, digital images, company names, logos, service marks, trade dress, slogans, designs, sounds, images, and buttons protected by trademark and copyright laws. Absent prior written consent from FRU, you may not frame or use framing techniques to enclose any logo, trademark or other copyrighted or proprietary Information of FRU (including, but not limited to, images, text, page layout, or form). Absent prior written consent from FRU, you may not use any meta tags or any other "hidden text" utilizing FRU's name or trademarks.
   6. Unless expressly stated in this Agreement, or in a subsequent agreement entered into by FRU and a Registered User, nothing herein shall be construed as conferring any license to intellectual property rights, in any form or by any mechanism.
   7. The above limited license is revocable at any time without notice and with or without cause. If you breach any of the terms of this Agreement, the above license will terminate automatically, and you must immediately destroy any downloaded or printed Information.

8. Transmissions.

   1. As defined herein, transmissions ("Transmissions") may take the form of Submissions, content, questions, comments, suggestions, ideas, feedback, notes, messages, emails, telephone calls, postings, letters, or other content, material, or communications, whether written or oral, about, or concerning, our Service, provided by you to FRU. You acknowledge that Transmissions by you to and from our Service are non-confidential, and that others may read and/or intercept such Transmissions.
   2. FRU has the right, but not the obligation, at its sole discretion, to review any Transmissions submitted to our Service and to edit or delete any Transmissions that violate any part of this Agreement. You hereby consent to FRU's collection and use of such Transmissions. You further agree and acknowledge that submitting Transmissions to our Service creates no financial or fiduciary relationship between you and FRU. You acknowledge that your interaction with FRU is that of an arms-length user of a lead generation service and that you are not relying on FRU to act in your interest.
   3. By forwarding any Transmissions to us through the Service or by other electronic means, you thereby grant us a perpetual, royalty-free, fully paid-up, world-wide, irrevocable, non-exclusive, freely transferable, and freely sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, redistribute, and display such Transmissions in any form for the purposes of providing the Service and any purpose tangentially related to the Service. By submitting such Transmissions to our Service, you irrevocably waive all "moral rights" in such Transmissions. No compensation will be paid to you with respect to our or our sublicensees' use of your Transmissions. By providing or submitting Transmissions, you represent and warrant that you own or otherwise control all of the rights to your submitted Transmissions as described in this section, including all the rights necessary for you to submit the Transmissions and grant the license above.

   4. In order to foster Transmissions taking the form of reviews, comments, and other user contributions posted, submitted, or displayed to other users on or through the Service (collectively, "User Contributions") that are civil and respect all participants, our Service provides the following guidelines for User Contributions. These guidelines apply to any and all User Contributions and use of the Service. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

      • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
      • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
      • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
      • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement and our Privacy Policy.
      • Be likely to deceive any person.
      • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
      • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
      • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
      • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
      • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

      Any User Contribution you submit to the Service will be considered non-confidential and non-proprietary. By submitting any User Contribution to the Service, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

   5. By submitting any User Contribution to the Service, you represent and warrant that: (a) you are the sole author of the User Contribution, and you own or control all rights in and to the User Contributions and have the right to grant the license granted in Section 8.4 above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; (b) all "moral rights" that you may have in such content have been voluntarily waived by you; (c) all content that you post is true and accurate; and (d) you are at least 18 years old or the age of majority in your jurisdiction. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not us, 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 Service.
   6. We have the right to:
      • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
      • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates this Agreement, including the guidelines set forth in Section 8.4 above, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public, or could create liability for us.
      • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
      • Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Service.
      • Terminate or suspend your access to all or part of the Service for any reason, including any violation of this Agreement.

      Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any Submissions or Transmissions, including User Contributions, on or through the Servic YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

      However, we cannot review all Submissions or Transmissions (including User Contributions) before they are submitted and, as applicable, posted on the Service, and cannot ensure prompt removal of objectionable Submissions or Transmissions (including User Contributions) after it has been submitted and, as applicable, posted on the Service. Accordingly, we assume no liability for any action or inaction regarding Submissions, Transmissions (including User Contributions), or any other 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.

   7. Our Service may use automated features powered by artificial intelligence, like chatbots, digital assistants, conversational experiences, or similar technologies ("Chatbots"). While Chatbots are designed to provide helpful information and improve your experience, artificial intelligence and related technologies are evolving and may have limitations. As a result, our Chatbots may generate outputs that are inaccurate, unreliable, or inappropriate for your situation, so you should not rely solely on their responses. You should always verify the accuracy of such information and ensure it is appropriate for your circumstances. Any reliance you place on such information is strictly at your own risk.

      Any and all information, content, responses, and other output generated by or through our Chatbots and use of our Chatbots are subject to and governed by the terms set out in this Agreement, including, but not limited to, the disclaimers and limitation of liability provisions of this Agreement. You understand and acknowledge that you are responsible for any information you submit to or otherwise share with our Chatbots. We strongly advise you not to input sensitive or confidential information while using our Chatbots. By using our Chatbots, you acknowledge and agree that we may use transcripts of your interactions with our Chatbots and the information you provide to our Chatbots for quality control, customer service, fraud prevention, or any other purpose that the law permits.

   8. None of the Submissions or Transmissions (including User Contributions) that you submit shall be subject to any obligation of confidence on the part of FRU. By submitting such content in connection with your rating and review, you agree that FRU and its third-party service providers may contact you about the status of your review and other administrative purposes.

9. Indemnification.

   1. You agree to defend, indemnify, and hold FRU, its parents, subsidiaries, affiliates, officers, agents and employees, its suppliers and their respective affiliates and agents harmless from all claims, liabilities, damages, and expenses (including attorneys' fees and expenses) that may arise out of or relate to your use of our Service, including but not limited to: (a) your Submission(s) to our Service or any Transmissions (including User Contributions); (b) your alleged breach of this Agreement; or (c) your infringement of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
   2. FRU acknowledges and agrees that the indemnification sought in Section 9.1 is limited to acts that are directly or indirectly under your control regarding your use of, or inability to use, our Service, and does not extend beyond that.

10. Limitations of Liability.

    1. WE CANNOT GUARANTEE THE SERVICE WILL BE AVAILABLE ONE HUNDRED PERCENT (100%) OF THE TIME BECAUSE PUBLIC NETWORKS, SUCH AS THE INTERNET, OCCASIONALLY EXPERIENCE DISRUPTIONS. ALTHOUGH WE STRIVE TO PROVIDE THE MOST RELIABLE WEBSITE REASONABLY POSSIBLE, INTERRUPTIONS AND DELAYS IN ACCESSING THE SERVICE ARE UNAVOIDABLE AND WE DISCLAIM ANY LIABILITY FOR DAMAGES RESULTING FROM SUCH PROBLEMS.
    2. IN NO EVENT SHALL FRU BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE OUR SERVICE; OR FOR THE LOSS OF PROFITS OR DAMAGES THAT MAY RESULT FROM THEFT, DELAYS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, FAILURE OF PERFORMANCE, DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE); OR OTHERWISE, EVEN IF FRU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    3. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH CASES, THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. TO THAT EXTENT, FRU'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION SHALL NOT BE GREATER THAN $100.00 USD.

11. Disclaimer.

    1. YOU ACKNOWLEDGE THAT OUR SERVICE AND THE INFORMATION THEREIN ARE PROVIDED ON AN "AS IS" BASIS AND THAT FRU MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING OUR SERVICE OR THE INFORMATION PROVIDED TO USERS THROUGH THE SERVICE. FRU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
    2. BY USING, OR ATTEMPTING TO USE, OUR SERVICE, YOU EXPRESSLY ACKNOWLEDGE THE FOLLOWING:
       • THE INFORMATION COULD INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS;
       • FRU DOES NOT REPRESENT OR WARRANT THE TIMELINESS, RELIABILITY, COMPLETENESS, OR ACCURACY OF THE INFORMATION; AND
       • FRU DOES NOT REPRESENT OR WARRANT THAT OUR SERVICE OR ANY RELATED SERVERS ON WHICH IT RESIDES ARE FREE OF ERRORS OR VIRUSES OR OTHER POTENTIALLY DAMAGING CONTENT.
    3. FRU MAY PERIODICALLY MAKE CHANGES TO ANY SERVICE CONTENT, INFORMATION, FEATURES OR FUNCTIONS. FRU RESERVES THE RIGHT TO IMPLEMENT SUCH CHANGES AT ANY TIME WITHOUT NOTICE TO YOU, OTHER THAN THAT WHICH IS SET FORTH IN THIS AGREEMENT.
    4. UNLESS SPECIFICALLY INDICATED IN WRITING TO THE CONTRARY, NO REFERENCE IN OUR SERVICE TO ANY PRODUCTS, PROCESSES, SERVICES OR OTHER INFORMATION BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, OR OTHERWISE, SHALL CONSTITUTE OR IMPLY FRU'S ENDORSEMENT, RECOMMENDATION, OR SPONSORSHIP THEREOF.

12. Links.

    1. Our Service may include hypertext links to other websites over which FRU has no control. FRU makes no representations, recommendations, or endorsements, expressly or implicitly, of any kind regarding the content on such websites, including any potential loan offers or options presented therein, or the content on any website linked to such websites or to any changes or modifications made thereto.
    2. You hereby acknowledge that by using any such hypertext links, you irrevocably waive any and all claims against FRU regarding such websites and must adhere to the usage and privacy policies governing such sites. FRU's usage of links does not imply our endorsement, or sponsorship, of any such websites.

13. Intellectual Property Rights of Third Parties.

    1. FRU respects the intellectual property rights of others and requires Users of our Service to do likewise. FRU prohibits Users from making available, in whatever form and by whatever mechanism, content on our Service that infringes upon any party's intellectual property rights.
    2. You acknowledge and agree that a violation of the intellectual property rights of others on our Service triggers the Indemnification as provided for herein. FRU has the right to terminate the Account of any infringing Registered User and will take steps to do so immediately upon proper notification and in compliance with applicable law.

14. Trademark.

    1. All trademarks used on our Service are the property of their respective owners and may not be used without permission therefrom.
    2. Whether or not specifically designated as such, freerateupdate.com and all other colors, graphics, logos, sounds, images, icons and buttons displayed on our Service are, or may be, trademarks of FRU, its affiliates, or Registered Users.
    3. Absent prior written consent from FRU, you may not copy, imitate, or use any portion of these marks.

15. User Conduct Restrictions: Impermissible Use and Activities.

    1. You agree not to use our Service in any way that: (a) is unlawful, threatening or abusive; (b) encourages criminal or other activity that would reasonably give rise to civil liability or otherwise violate any local, state, federal, or international law; (c) transmits or uploads any false or misleading information; (d) impairs or limits our ability to operate the Service or any other person's ability to access and use the Service; (e) transmits or uploads violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, offensive, harassing, defamatory, libelous or otherwise unlawful or objectionable content or images; (f) transmits any harmful virus or surreptitious code; (g) transmits any type of commercial component or advertising, solicitations, schemes, spam, flooding, or other unsolicited email and commercial communications; (h) allows for the harvesting of email addresses or other contact information, or the harvesting of information of any kind; (i) changes or alters the Service or content that may appear on the Service; (j) interferes with or attempts to gain unauthorized access to our network services; (k) interferes with or induces a breach of the contractual relationships between us and our employees; (l) suggests an express or implied affiliation or relationship with us without our express written permission; (m) dilutes or depreciates our or any of our affiliates' name and reputation; or (n) unlawfully transmits or uploads any confidential, proprietary or trade secret information.
    2. Furthermore, you agree not to use our Service to engage in the following kinds of activities: (a) transmit, upload, post, store, and share content of any kind, and by any other mechanism, that you are not the lawful owner or licensee of; (b) register for more than one Account or register an Account in the name of another; (c) impersonate a person or entity or make misrepresentations regarding affiliations of any kind; (d) engage in any kind of behavior that can reasonably be construed as SPAMMING; or (e) engage in any behavior that causes or is likely to cause harm to FRU, our Service, its Users, Registered Users, or to the public at large.
    3. We have no obligation, but maintain the right, to monitor the Service. The prohibited activities listed in Sections 15.1 and 15.2 provide examples and are not complete or exclusive. We reserve the right to terminate your ability to use this Service (or the Information) with or without cause and with or without notice, for any reason or no reason, or for any action that we determine is inappropriate or disruptive to the Service or to any other User or Registered User of the Service and/or Information. We may report to law enforcement authorities any actions that may be illegal, and any reports we receive of such conduct. When legally required or at our discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Service or on the Internet, which may include disclosing any information we obtain. In addition, we may disclose information we obtain as necessary or appropriate to operate or improve the Service, to protect us and/or our Users and Registered Users, or for any other purpose that the law permits.

16. Copyright Complaints.

    We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information:

    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    • Description of the copyrighted work that you claim has been infringed;
    • The location on the Website of the material that you claim is infringing;
    • Your address, telephone number and e-mail address;
    • A statement that your claim of infringement is based on a good faith belief; and
    • A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

    Our agent for notice of claims of copyright infringement on the Website can be reached as follows:

    FreeRateUpdate.com, LLC
    Attn: Legal Department
    2 Ponds Edge Drive
    Chadds Ford, PA 19317
    Phone number: (844) 326-3442
    [email protected]

17. Governing Law.

    1. The laws of the State of Pennsylvania, United States of America shall govern this Agreement, notwithstanding any principles of conflicts of law.
    2. You agree that any action at law or in equity arising out of or relating to this Agreement, other than those disputes or claims subject to Arbitration as enumerated below, shall be filed only in state or federal court located in the State of Pennsylvania, in a venue sitting, or most proximate to, Delaware County. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such action, except where the jurisdiction and venue are mandated by applicable assignment.

18. Mandatory Arbitration and Class Action and Jury Trial Waiver.

    Most concerns can be resolved quickly and to your satisfaction by contacting us as set forth in the "Questions" section below.

    In the event that we are not able to resolve a dispute, and with the exception of the claims for injunctive relief by us as described above and to the extent allowed by law, you hereby agree that either you or we may require any dispute, claim, or cause of action ("Claim") between you and us or any third parties arising out of use of the Service and any other actions with us (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) to be arbitrated on an individual (non-class) basis. Claims also include, except as otherwise provided herein, disputes related to the coverage, applicability, arbitrability, enforceability, formation, scope, or validity of this Agreement, including this Arbitration provision, all of which shall be subject to the sole power of the arbitrator as described herein. Notwithstanding anything else herein, the enforceability of the Class Action Waiver shall be determined by a court. In addition, both parties retain the right to seek relief in a small claims court (or a state court equivalent) for a Claim within the scope of its jurisdiction so long as the small claims action does not seek to certify a class, combine the claims of multiple persons, recover damages in excess of the limit for a small claim under applicable state law or is not transferred, removed, or appealed from small claims court to any different court. Additionally, if you are a California resident, you retain the right to obtain public injunctive relief from any court with proper jurisdiction.

    THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. ADDITIONALLY, ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS, AND, THEREFORE, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT. AS PART OF THIS WAIVER, YOU AGREE THAT YOU WAIVE THE RIGHT TO ACT AS A PRIVATE ATTORNEY GENERAL IN AN ARBITRATION; THAT EXCEPT AS OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT, CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION.

    You and we agree that your use of the Service involves interstate commerce, and that this arbitration agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act (FAA) set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. The arbitrator must follow, to the extent applicable: (1) the substantive law of the state in which we entered into the transaction giving rise to this arbitration agreement; (2) the applicable statutes of limitations; and (3) claims of privilege recognized at law. The arbitrator will not be bound by federal, state or local rules of procedure and evidence or by state or local laws concerning arbitration proceedings.

    If either you or we elect to arbitrate a Claim, the dispute shall be resolved by binding arbitration administered under the applicable rules of the American Arbitration Association ("AAA"). Either you or we may elect to resolve a particular Claim through arbitration, even if the other party has already initiated litigation in court related to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court.

    If this is a consumer-purpose transaction, the applicable rules will be the AAA's Consumer Arbitration Rules. The applicable AAA rules and other information about arbitrating a claim under AAA, including how to submit a dispute to arbitration, may be obtained by visiting its website at https://www.adr.org/ or by calling 1-800-778-7879. If AAA will not serve as the administrator of the arbitration, and you and we cannot then agree upon a substitute arbitrator, you and we shall request that a court with proper jurisdiction appoint an arbitrator. However, we will abide by the applicable AAA rules regardless of the forum. Arbitration shall be conducted in the county and state where you accepted this Agreement, you reside, or another reasonably convenient place to you as determined by the arbitrator, unless applicable laws require another location. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Except as provided in applicable statutes, the arbitrator's award is not subject to review by the court and it cannot be appealed. The parties will have the option to request and receive a statement of reasons for the arbitration award.

    If you elect to file the arbitration, and this is a consumer-purpose transaction, you will pay the filing fee to the extent required by AAA's Consumer Arbitration Rules but not to exceed the cost of filing a lawsuit. Any amount above what it would cost you to file a lawsuit, we will pay. All other arbitration fees and expenses shall be allocated to us according to AAA rules. Except for the arbitration fees and expenses, each party shall pay its own costs and fees incurred (including attorneys' fees), unless the arbitrator allocates them differently in accordance with applicable law. This paragraph applies only if this is a consumer-purpose transaction.

    Additional Procedures for Mass Arbitration. If twenty-five (25) or more similar Claims (including yours) are asserted against us by the same or coordinated counsel or are otherwise coordinated ("Mass Arbitration"), you and we agree that these Additional Procedures for Mass Arbitration (in addition to the other provisions of this arbitration agreement) shall apply. You agree to this process even though resolution of your Claim may be delayed and ultimately proceed in court. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Claims, streamline procedures, address the exchange of information, modify the number of Claims to be adjudicated, and conserve the parties' and the AAA's resources. If your Claim is part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for your Claim from the time that your Claim is first submitted to the AAA until your Claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.

    Stage One: In Stage One, if at least fifty (50) Claims are submitted as part of the Mass Arbitration, claimants' counsel and FRU will each select an equal number of Claims to be filed in arbitration and resolved individually by different arbitrators. For example, claimant and FRU will each select 25 Claims (50 Claims total). The number of Claims to be selected to proceed in Stage One can be modified by agreement of counsel for the parties provided that, if there are fewer than 50 Claims, all shall proceed individually in Stage One. The remaining Claims shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. If a case is withdrawn before the issuance of an arbitration award, another Claim shall be selected to proceed as part of the first stage. After this initial set of proceedings, the parties must engage in a single mediation of all remaining Claims, and we will pay the mediation fee.

    Stage Two: If the parties cannot agree how to resolve the remaining Claims (if any) after mediation, claimants' counsel and FRU will each select an equal number of Claims per side—not to exceed 50 Claims total—to be filed and to proceed as cases in individual arbitrations as part of Stage Two. The number of Claims to be selected to proceed as part of Stage Two can be modified by agreement of counsel for the parties provided that if there are fewer than 50 Claims remaining, all shall proceed individually in Stage Two. The remaining Claims shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. If a case is withdrawn before the issuance of an arbitration award, another Claim shall be selected to proceed as part of the second stage. After Stage Two is completed, the parties must engage in a single mediation of all remaining Claims, and we will pay the mediation fee.

    Upon the completion of the mediation in Stage Two, each remaining Claim (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of this Agreement. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Claims in individual arbitrations consistent with the process set forth in Stage Two (except Claims shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually agreeable process. A court of competent jurisdiction shall have the authority to enforce the Procedures for Mass Arbitration, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. The Procedures for Mass Arbitration and each of its requirements are essential parts of this arbitration agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Procedures for Mass Arbitration apply to your Claim and are not enforceable, then your Claim shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of this Agreement.

    Notwithstanding anything to the contrary in this Agreement, and except as otherwise set forth in this paragraph, the agreement to arbitration may be amended by us only upon advance notice to you. If we make any amendment to this agreement to arbitration (other than renumbering the agreement to align with any other amendment to the Agreement) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding or action against us prior to the effective date of the amendment. The amendment shall apply to all other Claims governed by this agreement to arbitration that have arisen or may arise between you and us. However, we may amend this agreement to arbitration and not provide you notice; in that case, the amendments will not apply to you and the agreement to arbitration contained in this Agreement to which you agreed will continue to apply to you and us as if no amendments were made.

    If any part of this arbitration provision is invalid, all other parts of it remain valid. However, if the class action limitation is invalid, then this arbitration provision is invalid in its entirety, provided that the remaining terms of this Agreement shall remain in full force and effect. This arbitration provision will survive the termination of your use of the Service and any other actions with us.

    You may reject this arbitration provision within thirty (30) days of accepting this Agreement by emailing us at [[email protected]] and including in the subject line "Rejection of Arbitration Provision."

19. Termination.

    1. Either you or FRU may terminate this Agreement. You may terminate this Agreement by destroying all materials obtained from our Service and, if you are a Registered User, by providing a termination notice to FRU at [email protected] or as otherwise set forth in any effective Lender Agreement between you and FRU. FRU may terminate this Agreement immediately, without notice for any reason, or no reason, and reserves the right to block or prevent your future access to our Service.
    2. Should you or FRU decide to terminate this Agreement, then FRU may prevent access to your Account on our Service. FRU agrees to make a good faith effort to resolve any outstanding dispute between FRU and a Registered User prior to termination. FRU, at its sole discretion, may restore access to your Account if the dispute has been resolved to its satisfaction.
    3. You acknowledge and agree that termination of this Agreement by either party pertains solely to your use of our Service, and has no effect on other contractual obligations that may exist between the parties, which remain in full force and effect.

20. Severability.

    If any portion of this Agreement is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, that portion will be deemed severable and will not affect the validity and enforceability of any remaining provisions hereof.

21. Entire Agreement.

    This Agreement, together with the applicable Lender Agreement (if you are a Registered User), contains all of the terms and conditions agreed to by you and FRU with respect your use of our Service. It supersedes all prior agreements, arrangements and communications between the parties dealing with same, whether oral or written.

22. Definitions and Constructions.

    Unless otherwise specified, the terms "includes," "including," "e.g.," "for example," and other similar terms are deemed to include the term "without limitation" immediately thereafter.

23. Questions.

    If you have any questions or comments about this Agreement or the Service, please contact us by email at [email protected]. You also may write to us at:

    FreeRateUpdate.com, LLC
    2 Ponds Edge Drive
    Chadds Ford, PA 19317