Terms of Use between User and Bishamon Media, Web Sites

Last Updated November 21, 2021

This website is owned and operated by Bishamon Media, 3100 West Ray Road, Suite 201, Chandler, AZ 85226.

YOUR USE OF THIS WEBSITE AND YOUR TRANSACTIONS CONDUCTED WITH THE COMPANY IN CONNECTION WITH THIS WEBSITE ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS, ALSO REFERRED TO AS "TERMS OF USE". CLICKING ONTO WEB PAGES BEYOND THE WEBSITE'S HOMEPAGE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT WITH THE TERMS OF USE WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH THE COMPANY AND WHETHER OR NOT YOU COMPLETE YOUR TRANSACTION ON THE WEBSITE OR THROUGH OTHER CHANNELS, SUCH AS BY PHONE, BY Email, FACSIMILE OR OTHERWISE. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU MAY NOT USE THIS WEBSITE

Uses of this Web Site

By using this Web site, you agree to the following Terms of Use and you agree to be matched with our premiere partners and for them to contact you even if your telephone number is on a corporate, state, or the National Do Not Call Registry. User also opts out of any class action lawsuit. If you do not agree to these Terms of Use, do not access this Web site.

This Web site is an online marketplace where you can research and compare offers in a number of different categories and is intended for personal, non-commercial use. It is not a substitute for actual legal, investment or professional advice from a licensed competent individual in their field of expertise. The information and services offered on this Site are provided with the understanding that Bishamon Media, is not a banker, broker, or lender (Service Provider) and does not make loans, loan commitments or lock-rates. All loan decisions, including loan approval and the conditional rates and terms you are offered, are the responsibility of the lenders that participate in our service and will vary based upon your loan request, your particular financial situation, and criteria determined by the lenders to whom you are matched. Not all consumers will qualify for the advertised rates and terms. 

Bishamon Media, reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on this Web site and to suspend and/or deny access to this Web site for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on this Web site may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and Bishamon Media, does not undertake any obligation or responsibility to update or amend any such information. Bishamon Media, may discontinue or change any product or service described in or offered on this Web site at any time.

Personal and Noncommercial Use Limitation:

You may access, download and print materials on this Site for your personal and non-commercial use. Use the information to obtain the right loan and the best terms for your particular situation from your preferred provider.

Prohibited Uses

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from this Web site, except for the purposes expressly provided herein, without Bishamon Media's prior written approval. You may not use this Web site in any manner that could damage, disable, overburden, or impair any Bishamon Media, site or service or interfere with any other party's use and enjoyment of any Bishamon Media, site or service. If and when requested by Bishamon Media, you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity.

No Minor Use

This website is applicable to and should only be used by persons 18 years of age or older. Access and use of this website by persons under the age of 18 is prohibited.

No Unlawful or Prohibited Use

As a condition of your use of this Site, you warrant to Bishamon Media, that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. If you violate any of these terms, your permission to use the Site automatically terminates.

Proprietary Rights

All materials on this Site, as well as visual appearance, content structure, layout and structure are owned and/or licensed by Bishamon Media. No unauthorized reproduction, distribution, or transmission of the materials at this Site is permitted without the written permission of Bishamon Media. All rights reserved.

Links to Third Party Sites

During your use of this website or at any time in the process, you may be led to other web sites operated by unaffiliated parties. Inclusion of hyperlinks by Bishamon Media, to web sites does not imply any endorsement of the material on such web sites or any association with their operators, and you access and use such sites, including information, material, products and services therein, solely at your own risk. Bishamon Media is not responsible for the quality or results or any product or service provided by these companies. As with all websites and all services, you should review their products and services carefully. Never give private information to any party or website or person that you have not completely investigated and established credibility. Bishamon Media is not responsible for the use of the information that you give any third parties.

Liability Disclaimer

You use this Site at your own risk. If your use of this Site or the materials therein, and it results in costs accrued, damages to you, your computer, your property, requires maintenance, requires software downloads, the need for servicing or replacing property, equipment or data, Bishamon Media, will not be responsible for those costs.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BISHAMON MEDIA, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY WITHOUT PRIOR NOTICE MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE INCLUDING BUT NOT LIMITED TO THE INFORMATION, SERVICES, PRODUCTS OR OTHER MATERIAL AT ANY TIME. ALL INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL BISHAMON MEDIA, ITS AFFILIATES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS, MATERIAL AND/OR SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF BISHAMON MEDIA, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER- READ THIS SECTION CAREFULLY.

This arbitration provision limits your and the Company's ability to litigate claims in court and you and the Company each agree to waive your respective rights to a jury trial or a state or federal judge. You agree that you will not file any lawsuit against us in any state or federal court.

BY ACCESSING AND/OR USING ANY SERVICES OF THE COMPANY YOU AGREE TO THESE TERMS AND CONDITIONS OF THIS ARBITRATION AGREEMENT. DO NOT USE THE COMPANY'S SERVICES OR SUBMIT ANY CONTACT INFORMATION IF YOU DO NOT AGREE TO THESE TERMS.

You and we each agree that any and all disputes or claims that have arisen or may arise between you and us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to our Services, or any Product sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that if your claims are under $1,000.00 you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate section (this "Agreement to Arbitrate").

Arbitration Procedures

Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of this Agreement as a court would.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforce-ability or formation of this Agreement to Arbitrate, any part of it, or of this Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or this Agreement is void or voidable.

The arbitration will be conducted by JAMS under its rules and procedures pertaining to Consumer-Related Disputes, as modified by this Agreement to Arbitrate. The arbitration shall be held in a mutually agreed location. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of Delaware, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Costs of Arbitration

Payment of all filing, administration and arbitrator fees will be governed by JAMS rules, unless otherwise stated in this Agreement to Arbitrate. You may obtain these costs through JAMS website.

Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND US AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, 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 PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OUR OTHER USERS.

Severability

With the exception of "Prohibition of Class and Representative Actions and Non-Individualized Relief", if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in this Agreement is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and any disputes sections will continue to apply and that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in the County of Maricopa, state of Arizona.

Changes to the Agreement to Arbitrate

Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or site link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the change. The change shall apply to all other disputes or claims governed by this arbitration provision that have arisen or may arise between you and us. We will notify you of changes to this Agreement to Arbitrate by posting the amended terms on our Services at least 3 days before the effective date of the changes and/or by email. THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION. YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.

Changes to this Agreement

Bishamon Media, may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified Agreement.

Miscellaneous

This Agreement and the resolution of any dispute related to this Agreement or this Site shall be governed by and construed in accordance with the laws of Arizona without giving effect to any principles of conflicts of law. Failure by Bishamon Media, to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any legal action or proceeding between Bishamon Media, and you related to this Agreement shall be brought exclusively in federal district court.

Use within the United States

This website is intended to be accessed by persons located within the United States of America. Access and use of this website by persons from locations other than the United States is prohibited.
Indemnification

You agree to indemnify, defend and hold harmless Bishamon Media, its affiliates and suppliers from any liability, loss, claim and expense (including attorney's reasonable fees) related to your violation of this Agreement.