Last updated: October 1, 2016
By accessing or using our Services, you agree to be bound by the terms and conditions of these Terms of
Policy"). The terms "we," "us," or "our" mean Bankrate, LLC, a Delaware limited liability company, whose
principal office is located at 3801 PGA Blvd. Suite 555, Palm Beach Gardens, FL 33410, and its legal
subsidiaries and affiliates. The term "Services," means, collectively, various websites, applications,
widgets, email notifications and other mediums, or portions of such mediums, through which you have
accessed this Agreement.
This Agreement contains a binding arbitration agreement, which provides that you and we agree to resolve
certain disputes through binding individual arbitration and give up any right to have those disputes decided
by a judge or a jury. You have the right to opt out of our agreement to arbitrate. See the Legal Disputes
section of this Agreement.
Your Compliance with this Agreement
You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and
adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such
consideration includes, without limitation, your ability to visit, use and/or submit information to our
You represent that you have the capacity to be bound by this Agreement, or if you are acting on behalf of a
company or other entity, you have the authority to bind such company or entity. In order to determine your
compliance with this Agreement, we may monitor your access and use of our Services in accordance with our
Our Services are Not Intended for Minors
Our Services are intended to be accessed and used only by adults and are not directed to minors. As stated
identifiable information by anyone under the age of 13 and you should not provide us with any information
regarding any individual under the age of 13.
Your Access and Use of our Services
Your right to access and use our Services is personal to you and is not transferable by you to any other
person or entity. You are only entitled to access and use our Services for lawful purposes and pursuant to
Your access and use of our Services may be interrupted from time to time for any of several reasons,
including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our
Services or other actions that we, in our sole discretion, may elect to take. We reserve the right to
suspend or discontinue the availability of our Services and/or any portion or feature of our Services at any
time in our sole discretion and without prior notice.
Any action by you that, in our sole discretion: (i) violates the terms and conditions of this Agreement
any access, use or enjoyment of our Services; or (iii) through the use of our Services, defames, abuses,
harasses, offends or threatens, shall not be permitted, and may result in your loss of the right to access
and use our Services. You shall not modify, scrape, embed, or frame our Services without our prior written
terms and conditions governing these Services.
You Must Maintain the Integrity of Your Information. To use certain
Services, you may be required to provide us with information about you, which may be of a confidential
nature and may include personal identifying information, medical and health history information, and/or
financial information ("Your Information"). If you provide Your Information to us then you agree to provide
true, current, complete and accurate information, and not to misrepresent your identity. You also agree to
keep Your Information current and to update Your Information if any of Your Information changes. Our
collection, use and disclosure of Your Information is governed by this Agreement and our
You Must Maintain the Security of Any Password Issued to You. If our
Services require you to create a password to use certain portions of our Services, then it is your sole
responsibility to maintain the security of that password. You agree that we shall not be liable for any
loss that you may suffer as a result of the authorized or unauthorized use of your password by a third
party. You shall not allow any person under the age of 18 to use any Service via your registration or
You Must Notify Us of a Breach. You agree to immediately notify us of any
unauthorized use of your password, any unauthorized use of any account that you may have with us, any
violation of this Agreement, or any other breach of security known to you in connection with any product or
service available on our Services by sending an email to:
You Are Responsible for Your Financial Decisions. We and our affiliates,
through the Services, may provide a venue through which you can obtain information and you can find
third-party service providers, such as financial institutions, credit card providers, mortgage brokers,
insurance brokers, insurance agents, discount program representatives and other financial professionals
("Service Providers"). We do not endorse or recommend the products or services of any Service Provider, and
are not an agent or advisor to you or any Service Provider. We do not validate or investigate the
licensing, certification or other requirements and qualifications of Service Providers. It is your
responsibility to investigate Service Providers. You acknowledge and agree that Service Providers are
solely responsible for any services that they may provide to you and that we are not liable for any losses,
costs, damages or claims in connection with, arising from, or related to, your use of a Service Provider's
products or services. We urge you to obtain the advice of financial advisors, insurance agents, brokers or
other qualified professionals who are fully aware of your individual circumstances before you make any
financial decisions. You acknowledge and agree that you rely on your own judgment and that of
such advisors in selecting any products or services offered by Service Providers.
You Acknowledge and Agree that We are Not a Service Provider. We are not a
financial institution, insurance provider or other Service Provider. Instead, we, through our Services, may
help to connect you with Service Providers that might meet your needs based on information provided by you.
We do not, and will not, make any coverage or credit decision with any Service Provider referred to you. We
do not issue mortgages, credit cards, insurance coverage or any other financial products.
No Guarantee of Quotes, Fees, Terms, Rates, Coverage or Services. We do not
make any warranties or representations regarding the quotes, fees, terms, rates, coverage or services
offered or made available by Service Providers. We do not guarantee that quotes, fees, terms, rates,
coverage or services offered by Service Providers are the best available.
You Do Not Pay Fees to Us for Basic Services. Unless you are a Service
Provider or order a specific service through our Services, we do not charge you a fee to use our basic
Services. Service Providers may pay us fees for services and to be matched with users of our Services,
however. We are not involved with and are not responsible for any fee arrangement that you may enter into
with any Service Provider. You acknowledge and agree to this compensation arrangement. You hereby
release us of any and all losses, costs, damages or claims in connection with, arising from or related to
your use of a Service Provider's products or services, including any fees charged by a Service Provider.
Requests for Rates, Quotes or Offers. Our Services may give you the
opportunity to request to be matched with and receive rates, quotes or offers from Service Providers (a "Match
Request"). Portions of our Services providing this opportunity (the "Match Request Areas") are only
available to residents of the United States, and may not be available in all states.
We make no guarantee that you will be matched with a Service Provider if you submit a Match Request.
If you make either a complete or incomplete Request, then you agree that Your Information provided in
connection with your Match Request may be used and disclosed as set forth in the
affiliates and third-party service providers, to conduct all necessary research with your information,
including checking your credit history, if applicable, for purposes of providing you with your Match
If you make a Match Request, then you expressly authorize us and up to ten (10) Service Providers and us
to contact you by telephone, fax and email at the numbers and addresses provided in your Match Request,
for purposes of providing you with the information, rates, quotes, offers, products and services
indicated in your Match Request. You consent to receive telephone calls from Service Providers and us,
even if the phone number that you provided on your Match Request is on any "Do Not Call" list. You also
consent to Service Providers and us making recorded calls to remind you of deadlines or other issues in
connection with your Match Request.
You are solely responsible for complying with applicable laws and regulations in connection with your
use of any services offered by us or a Service Provider.
Fees and Payments
Access and use of our basic Services are free. At any time, we may choose to charge fees for various
premium features and services, and we will notify you of those charges at the time that we offer features
and services for a fee. We may, in our sole discretion, and by notifying you on our Services, change this
policy and begin charging for access to our Services and other features and services, and we may, in our
sole discretion, add, remove or change the features and services we offer or the fees (including the amount
and type of fees) we charge at any time. If we introduce a new service or charge a new fee, we will
establish and notify you of the fees for that service at the launch of the service or start of charging a
new fee. If we notify you of new fees or changes to fees for an existing service, then you agree to pay all
fees and charges specified and all applicable taxes for your continued use of the applicable service.
myBankrate is a Bankrate Service that allows Users to manage their credit and financial health
online. You understand that by accepting this Agreement and using the myBankrate Service, you are providing
"written instructions" to Bankrate, its contracted data providers, agents, and its employees, agents,
subsidiaries, affiliates, contractors, third party data sources and suppliers, and all other credit
reporting agencies under the Fair Credit Reporting Act (FCRA), as amended, to access your credit files from
each national credit reporting agency and to exchange information about you with each such national credit
reporting agency in order to verify your identity and to provide Services to you. You agree and hereby
authorize Bankrate, its contracted data providers, agents, and employees, to provide your personally
identifiable information (or, if applicable, information about your child you have enrolled) to third
time to time. You waive any and all claims against Bankrate, LLC, its contracted data providers, agents,
employees, and shareholder for the acts or omissions of these third parties with regard to the use or
disclosure of such information. You further authorize Bankrate, its contracted data providers and its
agents, employees and shareholder to obtain various information and reports about you (or about your child
that you have enrolled, if applicable) in order to provide the Services, including, but not limited to,
address history reports, name and alias reports, criminal reports or sex offender reports, and to provide
monitoring and alerts. While enrolling for the Services, we will ask you for the following types of
information: contact information (such as name, address, phone number, and e-mail address); sensitive
information (such as date of birth, driver's license number and social security number); personal
information to verify your identity and financial information (such as credit card number). This information
is required in order to verify your identity, charge you the agreed upon fees for our products and services,
and to fulfill our obligation to provide our products and services to you, including communicating with
third parties as necessary to provide such products and services, such as identification verification
companies, consumer reporting agencies, credit bureaus, payment validation companies, law enforcement
agencies, or others. You agree that you will use the Services to protect against or prevent actual fraud,
unauthorized transactions, claims or other liabilities.
The Fair Credit Reporting Act allows you to obtain a disclosure from every credit reporting agency of
the nature and substance of all information in your file at the time of the request. Full disclosure of
information in your file at TransUnion® must be obtained directly from TransUnion by logging on to
. The credit report you are requesting from us is not intended to constitute the disclosure of
TransUnion information required by the Fair Credit Reporting Act or similar state laws.
You are entitled to receive a disclosure directly from each of the consumer reporting agencies free
of charge under the following circumstances:
You have been denied credit, insurance or employment within the past sixty (60) days as a result
of your credit report;
You certify in writing that you are unemployed and intend to apply for employment in the 60-day
period beginning on the date on which you made the certification;
You are a recipient of public welfare assistance;
You have reason to believe that your file at the agency contains inaccurate information due to
Annually at www.annualcreditreport.com.
Otherwise, the consumer reporting agency may impose a reasonable charge for the disclosure.
The Fair Credit Reporting Act permits you to dispute inaccurate or incomplete information in your credit
file. You understand that accurate information cannot be changed.
You do not have to purchase your credit report or other information from us to dispute inaccurate or
incomplete information in your TransUnion file or to receive a copy of your TransUnion consumer credit
TransUnion provides a proprietary consumer disclosure that is different from the consumer credit report
provided through myBankrate. The disclosure report must be obtained directly from
TransUnion. Consumers residing in the States of Colorado, Massachusetts, Maryland, New Jersey, and
Vermont may receive a free copy of their consumer credit report once per year and residents of the State
of Georgia may receive two copies per year.
By creating a myBankrate account, you are providing written instructions to Bankrate, LLC
under the Fair Credit Reporting Act to obtain information from your personal credit profile from
TransUnion. You authorize Bankrate, LLC to obtain such information solely to confirm your identity and
as long as you are a member of this website, provide you with credit information, a risk score,
educational materials, and recommendations for credit or other service options. If at any time you
desire to terminate this authorization you may do so with no further obligations. Enrollment in this
service is completely free.
Payment and Order Validation; Sales Tax
Some myBankrate products, such as credit and/or identity theft protection products and services
require payment via a valid credit or debit card. By purchasing such products and services and providing
payment information, you represent that you are authorized to utilize the payment method presented.
Furthermore, you agree and authorize us to: (i) submit a transaction using the card information provided,
and (ii) in the case of automatic recurring transactions, submit a transaction on a monthly or annual basis
for membership renewals. We accept all major credit cards. At present, this includes Visa®, MasterCard®,
American Express® and Discover®. We may pre-authorize your credit card at the time you place an order, which
may have an effect on your available credit line. Upon processing your order, we will charge your credit
card in full. We reserve the right to verify your method of payment and may reject any order you place with
us for any reason. If we reject your order, we will attempt to notify you by e-mail. Your credit card will
normally not be charged if we reject your order. In the event that your credit card is charged before we
reject your order, we will process a refund. In certain jurisdictions sales tax at state and local rates may
apply, in which case you will be charged applicable taxes. As part of our order process, we will send you an
electronic receipt to your e-mail account of record.
The services provided through myBankrate are for personal use only. Using any of the services or
information provided from myBankrate for commercial uses is strictly prohibited. Services
provided through this Web site are limited to residents in the United States.
Return Policy; Order Disputes
Unless otherwise indicated, all orders made through myBankrate are non-refundable. Questions
regarding your orders or disputes regarding charges to your credit card should be directed to us by e-mail
at feedback@myBankrate.com or by writing to us at MyBankrate, Attn: Customer Service, 1274 Library Street,
Detroit, MI 48226-1906.
Your Rights Under State and Federal Law
You have a right to dispute inaccurate information in your credit report by contacting the credit bureau
directly. However, neither you nor any "credit repair" company or credit repair organization has the
right to have accurate, current, and verifiable information removed from your credit report. The credit
bureau must remove accurate, negative information from your report only if it is over 7 years old.
Bankruptcy information can be reported for 10 years.
You have a right to obtain a copy of your credit report from a credit bureau. You may be charged a
reasonable fee. There is no fee, however, if you have been turned down for credit, employment,
insurance, or a rental dwelling because of information in your credit report within the preceding 60
days. The credit bureau must provide someone to help you interpret the information in your credit file.
You are entitled to receive a free copy of your credit report if you are unemployed and intend to apply
for employment in the next 60 days, if you are a recipient of public welfare assistance, or if you have
reason to believe that there is inaccurate information in your credit report due to fraud.
You have a right to sue a credit repair organization that violates the Credit Repair Organization Act.
This law prohibits deceptive practices by credit repair organizations.
You have the right to cancel your contract with any credit repair organization for any reason within 3
business days from the date you signed it.
Credit bureaus are required to follow reasonable procedures to ensure that the information they report
is accurate. However, mistakes may occur.
You may, on your own, notify a credit bureau in writing that you dispute the accuracy of information in
your credit file. The credit bureau must then reinvestigate and modify or remove inaccurate or
incomplete information. The credit bureau may not charge any fee for this service. Any pertinent
information and copies of all documents you have concerning an error should be given to the credit
If the credit bureau's reinvestigation does not resolve the dispute to your satisfaction, you may send a
brief statement to the credit bureau, to be kept in your file, explaining why you think the record is
inaccurate. The credit bureau must include a summary of your statement about disputed information with
any report it issues about you.
The Federal Trade Commission regulates credit bureaus and credit repair organizations. For more information
The Public Reference Branch
Federal Trade Commission
Washington, D.C. 20580
Our Services may act as a venue, through blogs, messaging, chat rooms, bulletin boards and other forums
(collectively, the "Forums"), allowing the users to contribute information and make statements ("User
Generated Content"). Neither we nor our advertisers are involved in the actual transmission of User
Generated Content provided for in the Forums. As a result, neither we nor our advertisers approve or endorse
any User Generated Content in the Forums, and you hereby acknowledge and agree that neither we nor our
advertisers have control over the User Generated Content submission’s quality, correctness, timeliness,
safety, truth, accuracy or legality by you or any other person or entity in the Forums. You may find User
Generated Content posted in the Forums by other users to be offensive, harmful, inaccurate or deceptive.
Please use caution and common sense, and do not rely solely on User Generated Content published in the
Forums. It is neither our nor our advertisers’ responsibility to ensure all posts and questions submitted
on the Forums are answered. Without limiting the generality of the foregoing, and although we do not
regularly review User Generated Content provided for in the Forums, we reserve the right (but not the
obligation) to remove or edit any User Generated Content in the Forums, for any reason or no reason, in our
Immediately report problems with the Forums to us at
Transmissions, Submissions and Postings to our Services
If you transmit, submit or post information to our Services that is not Federally trademarked and/or
copyrighted, you automatically grant us and our assigns the worldwide, fully-paid, royalty-free, exclusive
right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any
media whatsoever, including, without limitation, the Content (as defined below). Provided that you have
obtained prior written permission from us to transmit, submit or post information to our Services that is
Federally trademarked and/or copyrighted, you automatically grant us and our assigns the worldwide,
fully-paid, royalty-free right to use, copy, format, adapt, publish and/or incorporate any or all such
information in any media whatsoever, including, without limitation, the Content.
You shall not transmit, submit or post the following to our Services:
Information that infringes our or any third party’s copyright, patent, trademark, trade secret or other
Information that violates any law, statute, ordinance or regulation;
Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene,
explicit or vulgar, or otherwise injurious to us or third parties or that infringes on our or any third
party's rights of publicity or privacy;
Information that contains any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time
bombs, cancelbots or other code or computer programming routines that contain contaminating or
destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal information;
Information containing or constituting chain letters, mass mailings, political campaigning, or any form
Information that is false, inaccurate or misleading;
Commercial advertisements or solicitations without our written permission; or
Federally trademarked and/or copyrighted information without our prior written permission.
Although we do not regularly review your transmissions, submissions or postings, we reserve the right
(but not the obligation) to edit, refuse to post or remove your transmissions, submissions or postings.
submissions or postings made by you to determine, in our sole discretion, your compliance with this
You are solely responsible for all your transmissions, submissions or postings (i.e., your own User
Generated Content) and the consequences of transmitting, submitting or posting them.
Our Intellectual Property Rights
Our names, graphics, logos, page headers, button icons, scripts, and service names are our trademarks or
trade dress in the United States and/or other countries (collectively, the "Proprietary Marks"). You may
not use the Proprietary Marks without our prior written permission. We make no proprietary claim to any
third-party names, trademarks or service marks appearing on our Services. Any third-party names, trademarks,
and service marks are property of their respective owners.
The information, advice, data, software and content viewable on, contained in, or downloadable from our
Services (collectively, the "Content"), including, without limitation, all text, graphics, charts, pictures,
photographs, images, videos, line art, icons and renditions, are copyrighted by, or otherwise licensed to,
us or our Content suppliers. We also own a copyright of a collective work in the selection, coordination,
arrangement, presentation, display and enhancement of the Content (the "Collective Work"). All software used
on or within our Services (the "Software") is our property or the property of our software vendors and is
protected by United States and international copyright laws. Viewing, reading, printing, downloading or
otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual
property rights to the Content, the Collective Work, or the Software.
You are solely responsible for any damages resulting from your infringement of our or any third-party's
intellectual property rights regarding the Trademarks, the Content, the Collective Work, the Software and/or
any other harm incurred by us or our affiliates as a, direct or indirect, result of your copying,
distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to
the terms and conditions of this Agreement.
Your Use of the Content
We grant you a limited license to access, print, download or otherwise make personal use of the Content and
the Collective Work in the form of: (i) one machine-readable copy; (ii) one backup copy; and (iii) one print
copy, for your non-commercial use; provided, however, that you shall not delete any proprietary notices or
materials with regard to the foregoing manifestations of the Content and the Collective Work. You may not
modify the Content or the Collective Work or utilize them for any commercial purpose or any other public
display, performance, sale, or rental, decompile, reverse engineer, or disassemble the Content and the
Collective Work, or transfer the Content or the Collective Work to another person or entity.
Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution,
redistribution, transmission, publication or use, other than the non-commercial use of the Content and the
Collective Work as permitted by this Agreement, is permitted by you without our prior written permission.
You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our prior
Access and Interference
You agree that you will not use any robot, spider, scraper, deep link or other similar automated data
gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor our
Services or any portion of our Services or for any other purpose, without our prior written permission.
Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole
discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce,
modify, create derivative works from, distribute or publicly display any content (except for your personal
information) from our Services without our prior written permission and the appropriate third party, as
applicable; (iii) interfere or attempt to interfere with the proper working of our Services or any
activities conducted on our Services; or (iv) bypass any robot exclusion headers or other measures we may
use to prevent or restrict access to our Services. Notwithstanding the foregoing, we grant the operators of
public search engines permission to use spiders to copy materials from our Services for the sole purpose and
solely to the extent necessary for creating publicly available search indices of the materials on our
Services, but not caches or archives of such materials. We reserve the right to revoke these exceptions
either generally or in specific cases. Except as expressly permitted in this Agreement, you shall not
collect or harvest any personally identifiable information, including account names, from our Services. You
shall not use any communication systems provided on our Services (such as Forums or email) for any
commercial or solicitation purposes. You shall not solicit for commercial purposes any users of our
Services without our prior written permission.
When you visit our Services or send email to us, you are communicating with us electronically. You consent
to receive communications from us electronically. Although we may choose to communicate with you by regular
mail, we may also choose to communicate with you by email or by posting notices on our Services. You agree
that all agreements, notices, disclosures and other communications that we provide to you electronically
satisfy any legal requirement that such communications be in writing.
Your Responsibility for Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone, computer
hardware, Internet access services and other equipment or services needed to access and use our Services,
and all costs and fees associated with Internet access or long distance charges incurred with regard to your
access and use of our Services.
Third Party Links or Access
There may be provided on our Services links or access to other websites or mediums belonging to our
advertisers, business partners, affiliates, Service Providers and other third parties. For example, we may
obtain your credit report from TransUnion or other credit reporting agencies. Such links and access do not
constitute our endorsement of those third parties, nor the products or services of those third parties. We
are not responsible for the activities or policies of those third parties. We are not responsible for
examining or evaluating any third party products or services and we do not warrant their offerings. We do
not guarantee that the terms or rates offered by any particular advertiser, business partner, affiliate,
Service Provider or other third party on or through our Services are the best terms or lowest rates
available in the market.
If we provide aspects of our Services via an application for your mobile or other device, please be aware
that your carrier’s normal rates and fees may apply and that the terms of this Agreement and other
agreements within the application apply to your use of such application.
It is our policy to comply with the Digital Millennium Copyright Act, title 17, United States Code, Section
512, including, without limitation, responding to notices of alleged copyright infringement, and other
applicable intellectual property laws. We shall, in appropriate circumstances, disable and/or terminate the
accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property
rights of ours and/or others.
Notifications (each a "Notification") of claimed copyright infringement should be sent by either express
mail or U.S. mail to our designated agent. Our designated agent contact information is set forth below:
Address of designated agent to which notification should be sent:
Gunster, Yoakley & Stewart, P. A.
777 S. Flagler Drive, Suite 500 E
West Palm Beach, FL33401
Attention: David Bates
Facsimile number of designated agent: 561.671.2555
Email address of designated agent: dbates at gunster * com
Pursuant to Title 17, United States Code, Section 512(c)(3), to be effective, the Notification must include
A physical or electronic signature of a person authorized to act on behalf of the owner ("Complaining
Party") of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works
at a single online site are covered by a single Notification, a representative list of such works at
Identification of the material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled, and information reasonably
sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the Complaining Party, such as an address,
telephone number, and if available, an electronic mail address at which the Complaining Party may be
A statement that the Complaining Party has a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the Notification is accurate, and under penalty of perjury, that the
Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly
Upon receipt of the Notification containing the information as outlined in 1 through 6 above, and pursuant
to Title 17, United States Code, Section 512:
We will remove or disable access to the material that is alleged to be infringing;
We will forward the Notification to the alleged infringer ("Subscriber"); and
We will take reasonable steps to promptly notify the Subscriber that we have removed or disabled
access to the material.
Pursuant to Title 17, United States Code, Section 512(g)(3), a Subscriber may counter a Notification by
providing a written communication ("Counter Notification") to our designated agent that includes
substantially the following:
A physical or electronic signature of the Subscriber;
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;
A statement under penalty of perjury that the Subscriber has 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
The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to
the jurisdiction of Federal District Court for the judicial district in which the address is located, or
if the Subscriber's address is outside of the United States, for any judicial district in which we may
be found, and that the Subscriber will accept service of process from the person who provided the
Counter Notification or an agent of such person
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, and
pursuant to Title 17, United States Code, Section 512:
We will promptly provide the Complaining Party with a copy of the Counter Notification;
We will inform the Complaining Party that we will replace the removed material or cease disabling access
to the removed material within ten (10) business days; and
We will replace the removed material or cease disabling access to the removed material not less than ten
(10), nor more than fourteen (14) business days following receipt of the Counter Notification, provided
our designated agent has not received notice from the Complaining Party that an action has been filed
seeking a court order to restrain the Subscriber from engaging in infringing activity relating to the
removed material on our network or system.
We Make No Representations or Warranties Regarding the Content
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES ARE PROVIDED TO YOU ON AN "AS-IS" AND
"AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF OUR SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR
ASSOCIATED WITH OUR SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES AND ALL PRODUCTS AND
SERVICES INCLUDED ON OR ASSOCIATED WITH OUR SERVICES IS AT YOUR SOLE RISK.
WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED,
REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED
WITH OUR SERVICES, OR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY
OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR
SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS
OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES. WE MAKE NO REPRESENTATION,
WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM OUR SERVICES IS FREE OF
INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS,
CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE
PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR
EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR
GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY QUOTES OR OFFERS PROVIDED ON OR THROUGH OUR SERVICES.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT A FINANCIAL INSTITUTION, INSURANCE
PROVIDER, CREDIT CARD PROVIDER OR OTHER SERVICE PROVIDER. YOU ACKNOWLEDGE AND AGREE THAT WE ARE SOLELY AN
INTERMEDIARY BETWEEN YOU AND SUCH SERVICE PROVIDERS AND, THEREFORE, WE EXPRESSLY DISCLAIM ANY AND ALL
LIABILITY FOR ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY SUCH SERVICE PROVIDERS.
The Content is intended only to assist you with financial decisions and is broad in scope and does not
consider your personal financial situation. Your personal financial situation is unique and the information
and advice may not be appropriate for your situation. Accordingly, before making any final decisions or
implementing any financial strategy, we recommend that you obtain additional information and advice of your
accountant and other financial advisors who are fully aware of your individual circumstances.
Our Services are controlled and offered by us from our facilities in the United States of America. We make
no representations that our Services are appropriate or available for use in other jurisdictions. If you
access or use our Services from other jurisdictions, then you do so by your own volition and are solely
responsible for compliance with local law.
Limitations on Our Liability
NEITHER WE NOR OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR SHAREHOLDERS SHALL BE RESPONSIBLE TO, OR
LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE,
FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT
INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR
INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (II) YOUR
ACCESS AND USE OF OUR SERVICES; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES FOR
ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; (V) YOUR
RELIANCE UPON OR USE OF THE CONTENT OR THE COLLECTIVE WORK, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR
SERVICES OBTAINED THROUGH OUR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF OUR SERVICES, WHETHER
RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. OUR LIABILITY AND
THE LIABILITY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS,
REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED $100.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER
GENERATED CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.
YOU AND US AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE
(1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain
damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not
apply to you.
In the event that any limitation on the period of time for bringing an action, claim, dispute or proceeding
against us, located in this "Limitations on Our Liability" section, is determined or held to be inapplicable
or unenforceable by any court, arbitration panel or other tribunal, then the statute of limitations for the
State of New York shall apply to any such action, claim, dispute or proceeding referred to final or binding
Your Indemnification of Us
You shall defend, indemnify and hold harmless us and our officers, directors, shareholders, employees,
independent contractors, agents, representatives and affiliates from and against all claims and expenses,
including, but not limited to, attorneys' fees, arising out of, or attributable to: (i) any breach or
violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally
identifiable information requested or required by us; (iii) your access or use of our Services; (iv) access
or use of our Services under any password that may be issued to you; (v) your transmissions, submissions or
postings (i.e., your own User Generated Content); and/or (vi) any personal injury or property damage caused
Amendments of this Agreement
We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and
without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon
us posting the updated Agreement on our Services. You are encouraged to revisit this Agreement from time to
time in order to review any changes that have been made. The date on which this Agreement was last updated
will be noted immediately above this Agreement. Your continued access and use of our Services following the
posting of any such changes shall automatically be deemed your acceptance of all changes.
You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and
damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of
any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an
injunction restraining such breach or threatened breach, without being required to show any actual damage or
to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.
For purposes of this Section, you agree that any action or proceeding with regard to such injunction
restraining such breach or threatened breach shall be brought in the courts of record of New York County,
New York, or the United States District Court, Southern District of New York, Borough of Manhattan. You
consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action
or proceeding in such court. You agree that service of any court paper may be effected on such party by mail
or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
You and we agree that any claim or dispute at law or equity that has arisen or may arise between us relating
in any way to or arising out of this or previous versions of this Agreement, your use of or access to the
Services will be resolved in accordance with the provisions set forth in this Legal Disputes section. Please
read this section carefully. It affects your rights and will have a substantial impact on how claims you and
we have against each other are resolved.
You agree that the laws of the State of New York, without regard to principles of conflict of laws, will
govern this Agreement and any claim or dispute that has arisen or may arise between you and us, except as
otherwise stated in this Agreement.
Arbitration/Class Waiver/Opt Out Clauses
You and we each agree to resolve exclusively through final and binding arbitration any and all disputes or
claims that have arisen or may arise between you and us (including any affiliates, officers, directors,
employees, and agents), whether or not such dispute or claim involves a third party,
relating in any way to any aspect of our relationship or any contact between us, direct or indirect, or
arising out of this or previous versions of this Agreement, your use of or access to our Services, or any
products or services sold, offered, or purchased through our Services ("Dispute").
1.1 You and we agree to submit the Dispute to a single arbitrator under the then-current
Commercial Arbitration Rules of the American Arbitration Association (AAA), including when applicable the
\Optional Rules for Emergency Measures of Protection and the Consumer Arbitration Rules, or, by separate
mutual agreement, at another arbitration institution. The AAA’s rules, information regarding initiating a
claim, and a description of the arbitration process are available at www.adr.org.
The location of the arbitration and the allocation of fees and costs for such arbitration shall be
determined in accordance with the AAA rules. As an alternative, you or we may bring a claim in your local
"small claims" court, if permitted by that small claims court's rules.
1.2 The Federal Arbitration Act governs the interpretation and enforcement of this section
regarding our agreement to arbitrate any Dispute (“Agreement to Arbitrate”), and the arbitrability of the
Dispute. The arbitrator will decide whether the Dispute can be arbitrated.
1.3 You and we agree that each of us may bring a Dispute against the other only on our own
behalf, and not on behalf of a government official or other person or entity, or a class of persons or
entities. You and we agree, if we are a party to the proceeding, not to participate in a class action, a
class-wide arbitration, a claim brought in a private attorney general or representative capacity, or a
consolidated claim involving another person’s use of the site or our services. You and we agree not to
combine a claim that is subject to arbitration under this Agreement with a claim that is not eligible for
arbitration under this Agreement. You and we agree to waive the right to a trial by jury for all disputes.
1.4 You may opt out of this Agreement to Arbitrate. If you do so, neither you nor we can
require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing,
within 30 days of the date that you first became subject to this Agreement to Arbitrate, either by U.S. mail
delivered to: Attn: Legal Department, Bankrate, LLC, 3801 PGA Blvd, Ste. 555, Palm Beach Gardens, FL 33410
or by email delivered to Legal@Bankrate.com. You must include: (1)
your name and residence address; (2) the email address and/or mobile telephone number associated with your
account; and (3) a clear statement that you want to opt out of this Agreement to Arbitrate.
1.5 If the prohibition against class actions and other claims brought on behalf of third
parties contained in Section 1.3, above, is found to be unenforceable, then all of Section 1 will be null
and void as to that Dispute.
1.6 This Agreement to Arbitrate will survive the termination of your relationship with us.
2. Unless you and we agree otherwise, if you opt out of the Agreement to Arbitrate, if the
Agreement to Arbitrate is found by a court to be unenforceable, if your claim is not covered by the
Agreement to Arbitrate, or if you neither are a resident of nor have a principal place of business in the US
or Canada, you agree that any Dispute that has arisen, or may arise, between you and us must be resolved
exclusively by a state or federal court located in New York County, New York. You and we agree to submit to
the personal jurisdiction
2. Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we
make a change to this Agreement to Arbitrate (other than a change to the notice address or the site link
provided herein) in the future, that change shall not apply to a claim that was filed in a legal proceeding
between you and us prior to the effective date of the change. The change shall apply to all other disputes
or claims governed by the Agreement to Arbitrate that have arisen, or may arise, between you and us. We
will notify you of a change to this Agreement to Arbitrate by posting the amended terms on our Services at
least 30 days before the effective date of the change and/or by email.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of
competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but
only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this
The headings contained in this Agreement are for convenience of reference only, are not to be considered a
part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by us,
from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.
understanding and agreement between you and us regarding the subject matter of the same, and supersede all
other previous agreements, understandings and/or representations regarding the same.
If you have questions, comments, concerns or feedback regarding this Agreement or our Services, please
contact us at email@example.com.