These Terms of Use, together with Oribar’s [Privacy Policy], set forth the terms and conditions (the “Terms”) that apply to your access and use of all of Oribar products and services (the “Services” that are made available through our websites including but not limited to www.Oribar.com and www.Oribarwire.com, as well as downloadable mobile applications (together, the “Site”). “Oribar” includes Oribar, Inc. and its officers, directors, employees, consultants, affiliates, subsidiaries and agents. The Oribar Services are intended only for U.S. residents and may include, but are not limited to, services related to and in the interest of increasing user’s marketability as a mortgage seeker, [free credit score; access to third party rewards programs; platforms that enable users to locate and contact U.S. financial services, as well as professionals, such as third party experts, advocates, and advisors, who can provide various services; discussion forums, community forums, bulletin boards, review services, and forums in which users may ask questions of third party advisors.]
By using or accessing the Oribar Services you agree to these Terms, as updated from time to time in accordance with these Terms. Because Oribar provides a wide range of services, we may ask you to review and accept supplemental terms that apply to your interaction with a specific product or service.
Some of our Services require you to provide information such as credit card or bank account numbers to third parties. For more information, see our Privacy Policy.
THESE TERMS PROVIDE THAT ANY AND ALL DISPUTES BETWEEN YOU AND ORIBAR MUST BE RESOLVED BY BINDING ARBITRATION OR SMALL CLAIMS COURT AND THAT YOU EXPRESSLY WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION. YOU MAY OPT OUT OF ARBITRATION AND/OR THE CLASS ACTION WAIVER BY FOLLOWING THE PROCEDURES OUTLINED BELOW.
To contact us with questions or suggestions about the Service or these Terms please email us at [support@Oribar.com].
1. Registration and Account Security. To use the Services, you must (i) be at least eighteen (18) years of age; (ii) have not been suspended or removed from the Services or Site currently or in past; and (iii) register for and use the Services in compliance with all applicable local, state, and federal laws and regulations.
a) Account Registration.You may be required to register for an account in order to utilize some features of the Services. When you register for an account, we may ask you to give us certain identifying information about yourself, including, but not limited to your email address, other types of contact information, and to create for yourself a username and password (“Registration Information”). You expressly agree that while registering for and/or maintaining an account with Oribar, you are providing true, accurate, current, and complete information. You hereby agree not to impersonate any person, make false or misleading representations, use false information, or in some other fashion conceal your identity from Oribar, regardless of purpose.
b) You Are Responsible For Your Account.You are individually and solely responsible for maintaining the confidentiality and security of your password, user name, and other Registration Information. DO NOT SHARE YOUR REGISTRATION INFORMATION WITH OTHERS. If you do share this information with anyone, Oribar will consider activities to have been authorized by you. If you have reason to believe that your account is no longer secure, you must immediately notify us at [support@Oribar.com].
2. Specific Requirements for Some Services. Your use of the Services constitutes your acknowledgment and acceptance of the following specific requirements and terms of use for certain of the Oribar Services.
a)Free Credit Score.Oribar provides members with free access to their TransUnion VantageScore 3.0 credit score and report (“Credit Score”). In order to access your Credit Score you must provide Oribar the following credit pull authorization:
i. “I hereby authorize Oribar and its subsidiaries to periodically obtain and use consumer reports about me in order to provide me with: (1) access to my free credit score, including periodic updates to my credit score; and (2) recommendations regarding financial products and services that may be of interest to me, including credit cards, personal loans, home loans and other financial products and services offered by Oribar partners. I also hereby authorize Oribar to share my credit score with its wholly-owned subsidiaries in order to allow its wholly-owned subsidiaries to provide me with such financial recommendations.”]
b)Link My Account.Link My Account is a feature that allows you to track all of your third-party financial accounts on Oribar website. By using the Link My Account Service you grant Oribar and its third party service providers such as MX, inc. permission to access your third party financial accounts designated by you. By using the Link My Account Service, you agree to the MX Privacy Policy.
c)Forums. Oribar may offer features that allow users to share content, comments and opinions on financial topics with other users in the Community Forum, as well as other user discussion forum platforms (collectively, the “Forum”). Your use of the Forum is governed by these Terms of Use, as well as our Community Guidelines.
i)Forum content are the contributions of independent users not affiliated with Oribar, whose opinions are their own. Oribar does not guarantee the accuracy, integrity or quality of the opinions and advice posted on the Forum. Your use of any user content provided in the Forum is at your own risk.
ii)Oribar may, but is not required to, monitor Forum content and reserves the right to edit, correct or delete any Forum content for any reason at our sole discretion.
iii)You hereby grant to Oribar a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, translate, transmit and distribute any content, information or material you submit or post to the Forum, in any medium now in existence or hereafter developed, for any purpose, including commercial uses.
iv)We may terminate a user’s access or ability to use the Forum, immediately, without notice, and at our sole discretion, for user’s failure to comply with any terms or conditions of the Terms of Use or Community Guidelines.
3. Third Party Services.
a) Advice from Third Parties. Some of the Services involve advice from third parties and include some third-party content. You hereby agree that any such advice and content is provided for informational, educational, and entertainment purposes only, and does not constitute legal, financial, tax planning, medical, or other advice from Oribar.
You agree that Oribar is not liable for any advice provided by third parties. You are responsible for your own financial research and financial decisions, and that Oribar is not responsible or liable for any decisions or actions you take or authorize third parties to take on your behalf based on information you receive as a user of Oribar.
b) Sharing Information with Third Parties.Some of our Services require you to provide information such as credit card numbers, bank account numbers, and other sensitive financial information, to third parties. By using the Services, you agree that Oribar may collect, store, and transfer such information on your behalf, and at your sole request. More information is available in our [Privacy Policy]. You agree that your decision to provide any sensitive or confidential information to third parties is your sole responsibility and at your sole risk. Oribar has no control and makes no representations as to the use or disclosure of information provided to third parties. You agree that these third-party services are not under Oribar’s control, and that Oribar is not responsible for any third party’s use of your information.
c) No Endorsement of Third Parties.The Services may contain links to third party websites and services. Oribar provides such links as a convenience, and does not control or endorse these websites and services. You acknowledge and agree that Oribar has not reviewed the content, advertising, products, services, or other materials that appear on such third-party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third party websites or services.
4. Prohibited Conduct. You agree when using the Site/Service not to:
a) Violate or encourage others to violate the rights of third parties, including intellectual property rights;
b) Use the Services or the Site for any illegal purpose, or in violation of any local, state, national, or international law;
c) Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
d) Interfere with the operation or any user’s enjoyment of the Services or Site, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent, or otherwise impairing the functionality by use of the Services or Site through the use of a script or computer program;
e) Interfere in any respect with security-related features of the Services or Site;
f) Duplicate, alter, modify, create or plagiarize work from, prepare derivative works of, reverse engineer, reverse assemble, or otherwise attempt to locate or discern any source code of our Services or the Site;
g) Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth;
h) Sell or otherwise transfer the access granted herein;
i) Access, monitor or copy any content or information of the Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without Oribar’s express written permission; or
j) Market, sell or resell, assign, or sublicense the Services to any third party.
5. Intellectual Property and User Content. The Oribar Services and Site are protected by copyright and other applicable intellectual property laws. No materials from the Services or Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without Oribar’s express written permission. All trademarks and service marks on the Services or Site belong to Oribar, except third-party trademarks or service marks, which are the property of their respective owners. You represent and warrant that you own or otherwise have the right to use any content you post to the Services or Site. If you believe that your content has been used in a way that constitutes copyright infringement, you may contact:
| Esosa Omere | |
|---|---|
| Phone: | (207)-6917217 |
| Email: | support@Oribar.com |
You must provide the following for your request: a signature of the copyright owner or the person authorized to act on behalf of the copyright owner; a full description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located in the Service or Site; your address, phone number, and email address; a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Oribar has adopted and implements a policy that provides for termination in appropriate circumstances of accounts of users who repeatedly infringe copyright or other intellectual property rights of Oribar or others.
6. Indemnification.
YOU AGREE THAT YOU WILL BE PERSONALLY RESPONSIBLE FOR YOUR USE OF THE SERVICES AND SITE, AND YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS ORIBAR FROM AND AGAINST ANY AND ALL LEGAL CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ AND ACCOUNTING FEES AND COSTS), ARISING OUT OF OR IN CONNECTION WITH (I) YOUR ACCESS, USE OF, OR ALLEGED USE OF THE SERVICES OR SITE; (II) YOUR VIOLATION OF THE TERMS OR ANY APPLICABLE LOCAL, STATE, OR FEDERAL LAW OR REGULATION; (III) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, PUBLICITY, CONFIDENTIALITY, PROPERTY, OR PRIVACY RIGHT; OR (IV) ANY DISPUTES OR ISSUES BETWEEN YOU AND ANY THIRD-PARTY. ORIBAR RESERVES THE RIGHT, AT OUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THE SAME.
7. Termination. Oribar reserves the right to terminate or suspend your use of the Services or Site for violation of any of the Terms. In addition, Oribar in its sole discretion may suspend or terminate your user account and/or suspend or terminate some or all of your access to the Services at any time, with or without notice. You may terminate your account by contacting Customer Service at [support@Oribar.com]. After account termination, information and content previously provided by you will no longer be accessible through your account, but Oribar may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Services or Site.
8. Modification of the Terms. Oribar reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Services or Site. Such modifications and additional terms will be effective immediately upon notice and incorporated into these Terms. We will make reasonable efforts to notify you of any material changes to the Terms by posting a notice to our website or by sending an email to any address you may have provided to us. Your continued use of the Services or Site following notice will be deemed an acceptance of the modifications to the Terms.
9. Disclaimers of Warranties.
a) THE SERVICES ARE PROVIDED “AS IS” AND/OR ON AN “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. ALTHOUGH ORIBAR SEEKS TO MAINTAIN SAFE, SECURE, ACCURATE, AND WELL-FUNCTIONING SERVICES, WE CANNOT GUARANTEE THE CONTINUOUS OPERATION OF OR ACCESS TO OUR SERVICES OR SITE, AND THERE MAY AT TIMES BE TECHNICAL OR FACTUAL ERRORS OR INACCURACIES THAT ARE INADVERTENT IN NATURE. ORIBAR SPECIFICALLY, AND WITHOUT LIMITATION DISCLAIMS (I) ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. YOU ASSUME THE RISK FOR ANY/ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES OR SITE. ORIBAR IS NOT RESPONSIBLE FOR THE LOSS OF, DAMAGE TO, OR UNAVAILABILITY OF ANY INFORMATION YOU HAVE MADE AVAILABLE THROUGH THE SERVICES, AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOU HAVE BACKUP COPIES OF ANY INFORMATION YOU HAVE MADE AVAILABLE THROUGH THE SERVICES.
b)No Guarantee Of Accuracy.ORIBAR DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES IN THE INFORMATION, CONTENT, RECOMMENDATIONS, AND MATERIALS MADE AVAILABLE THROUGH THE SERVICES OR SITE.
c) Services Provided For Informational Purposes. The information provided through the Services and Site is provided solely for informational, educational, or entertainment purposes. Oribar, the Services, and the Site are not endorsed by or affiliated with FINRA, and Oribar is not a financial institution or insurance provider. Oribar makes no representations, warranties, or guarantees, express or implied, regarding the results that may be obtained through the use of the Services. Before making any financial decisions or implementing any financial strategy, including recommendations of third parties identified through the Services or Site, we recommend that you obtain additional information and financial advice from accountants or other financial advisors/professionals who are fully aware of your individual circumstances.
d) No Warranties Regarding Third Parties.Oribar makes no representations, warranties, or guarantees, express or implied, regarding any third-party service or advice provided by a third party, or any quotes or offers provided through the Services or Site. Oribar does not endorse any particular advisor or other third-party. Oribar acts solely as an intermediary between you and third-party service providers and expressly disclaims any and all liability for any content, products, or services provided by such service providers.
10. Limitation of Liability. IN NO EVENT WILL ORIBAR BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, DIRECT, INDIRECT, OR PUNITIVE DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ORIBAR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances. Accordingly, some of the above limitations may not apply to you.
11. Governing Law. These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Subject to the following section, disputes will be resolved through binding arbitration or small claims court, to the extent that any lawsuit or court proceeding is permitted hereunder, you and Oribar agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within Suffolk County, Massachusetts for the purpose of litigating all such disputes.
12. Dispute Resolution by Binding Arbitration; Class Action Waiver.
YOU HEREBY AGREE TO RESOLVE ANY AND ALL DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION (“ARBITRATION AGREEMENT”). ARBITRATION UTILIZES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE AND/OR JURY, ALLOWING FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS MAY AWARD THE SAME DAMAGES AND RELIEF AS A COURT. ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT INDIVIDUAL PARTY’S CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
YOU UNDERSTAND THAT BY ENTERING INTO THIS AGREEMENT, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY AND/OR TO PARTICIPATE IN A CLASS ACTION.
a) Claims To Be Resolved By Binding Arbitration. You agree to arbitrate all disputes and claims between us pursuant to section 12 above. This Arbitration Agreement is intended to be broadly interpreted. It includes, but is not limited to claims arising out of or relating to any aspect of the relationship between us, regardless of whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before this or any prior Terms; claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of these Terms.
b) Exceptions to Arbitration. Notwithstanding Section 12(a), you agree that no statement herein shall be deemed to waive, preclude, or otherwise limit either party’s right to (i) bring an individual action in small claims court; (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; (iii) seek injunctive relief in any competent court of law; or (iv) to file suit in a court of law to address intellectual property infringement claims.
c) Arbitrator. Any arbitration between you and Oribar will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Oribar.
d)Notice and Process. Parties intending to seek arbitration must first send to the other party, via certified mail, a written Notice of Dispute (“Notice”). The Notice to Oribar should be addressed to: Oribar, Inc., [business address] (“Notice Address”). The Notice must (a) fully describe the nature and basis of the claim; and (b) set forth a specific relief sought (“Demand”). If you and Oribar cannot reach an agreement to resolve the claim within 30 days after the Notice is received, you or Oribar may commence an arbitration proceeding.
e) Fees. Payment of any fees shall be decided by the AAA Rules. In the event the arbitrator determines your claim(s) in the arbitration to be frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), you hereby agree to reimburse Oribar for all fees associated with the arbitration paid by Oribar on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on document submissions to the arbitrator, through a non-appearance through telephonic hearing, or by an in-person hearing as established by the AAA Rules. Any in-person arbitration hearings will take place at a location to be agreed upon in Suffolk County, Massachusetts. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
f) No Class Actions. Unless both you and Oribar agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
YOU AND ORIBAR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
g) Opt-Out. If you are a new Oribar user, you can choose to reject the arbitration agreement contained in this Section 12 (“opt-out”) by mailing us a written opt-out notice (“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than thirty (30) days after the date you accept these Terms for the first time. You must mail the Opt-Out Notice to the Notice Address listed in Section 12(D), above.
The Opt-Out Notice must contain your name, address (including street address, city, state and zip code), and the user name(s) and email address(es) associated with your Oribar account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, all other parts of the Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with Oribar.
h) Modifications. If Oribar makes any future change to this Arbitration Agreement (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the Notice Address provided above. You acknowledge and agree that, in the event you reject any future change, your account with Oribar will immediately be terminated and you will arbitrate any dispute between us in accordance with the language of this provision.
i) Severability and Enforceability.If an arbitrator or court of competent jurisdiction decides that any part of this Section 12 is invalid or unenforceable, the other parts of this Section 12 shall still apply. If the entirety of this Section 12 is found to be unenforceable, then the parties agree that the exclusive jurisdiction and venue described in Section 11 shall govern any action arising out of or related to these Terms, and that the remainder of the Terms will continue to apply.
13. Modification of the Services. Oribar reserves the right to modify or discontinue, temporarily or permanently, some or all of the Services at any time without notice or further obligation to you. You agree that Oribar will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Services.
14. General.
a) Entire Agreement.These Terms, together with the [Privacy Policy] constitute the entire and exclusive understanding and agreement between you and Oribar regarding your use of and access to the Services, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties.
b) No Waiver.The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of that provision.
c) Paragraph Headers.Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.
d) Severability.In the event that any part of the Terms is held to be invalid or unenforceable by an arbitrator or court of competent jurisdiction, the unenforceable part shall be given effect to the greatest extent possible and the remainder of the Terms shall remain in full force and effect.
e) Partner Terms.In some instances, Oribar’s third-party partners require that Oribar users agree to be bound by some additional terms of use that are specific to particular products or services (“Partner Terms”). In the event of any conflict between the Partner Terms and Oribar’s Terms , Oribar’s Terms shall govern and control.
Oribar Customer Service. To contact us with questions or suggestions about the service please email us at support@Oribar.com.