2. Prohibited conduct. You must not (i) submit, transmit, promote or distribute information or content that is illegal; (ii) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (iii) take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iv) upload invalid data, viruses, worms, or other software agents through the Services; (v) use any robot, spider, scraper or other automated access the Services for any purpose without our express written permission; (vi) impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity; (vii) submit, upload, post, email, transmit or otherwise make available any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) interfere with the proper working of the Services; or (ix) bypass the measures we may use to prevent or restrict access to the Services.
3. Copyright and Trademark Notice Information. RateOasis.com trademarks and service marks and other RateOasis.com logos and product service names are trademarks of Rate Oasis LLC Without Rate Oasis LLC’s prior permission, you agree not to display or use in any manner, the RateOasis.com logos. All other logos or brand names shown on the Services are trademarks of their respective owners and/or licensors. RateOasis.com is owned and operated by Rate Oasis LLC. Unless otherwise specified, all materials appearing on this site, including site design, text, graphics, logos, images, icons, interfaces, and the selection, assembly and arrangements thereof are the sole property of Rate Oasis LLC or its licensors. You are permitted to view such materials for your own personal purposes but are not permitted to use or reproduce such materials for any other purposes. Any rights not expressly granted herein are reserved.
4. Proprietary Rights. You acknowledge and agree that the Services and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further agree that all materials and/or content, including, but not limited to, articles, artwork, screen shots, graphics, logos, text, drawings and other files on RateOasis.com or as part of the Services are copyrights, trademarks, service marks, patents or other proprietary rights of Rate Oasis LLC or their respective intellectual property owners. Except as expressly authorized by Rate Oasis LLC, you agree not to modify, copy, reproduce, sell, distribute or create derivative works based on or contained within the Services or the Software, in whole or in part.
You agree that you will not copy, modify, create a derivative work of, reverse engineer, decompile, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the Services by any means other than through the interface that is provided by Rate Oasis LLC for use in accessing the Services.
5. Links. RateOasis.com provides links to websites on the Internet that are owned and operated by third parties. These links are provided for your convenience and reference only and do not imply any endorsement, sponsorship, or affiliation with any third parties or participating Lenders. You acknowledge and agree that Rate Oasis LLC is not responsible for the availability of such external websites, and does not endorse and is not responsible or liable for any content, advertising, products, whether loan, debt or finance related, or telecommunications, or other materials on or available from such websites. You further acknowledge and agree that Rate Oasis LLC 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 use of or reliance on any such content, products, goods or services available on or through any such website.
6. Indemnification. You agree to indemnify and hold Rate Oasis LLC, its subsidiaries, affiliates, agents, shareholders, officers, contractors, vendors and employees harmless from any claim or demand, including reasonable attorneys` fees, made by any third party due to or arising out of your use of RateOasis.com or the Services, the violation of the Agreement by you, or the infringement by you, or any other user of the Services using your computer, of any intellectual property or other right of any person or entity. Rate Oasis LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
7. No Warranty. RATE OASIS LLC PROVIDES THE SERVICE “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RATE OASIS LLC MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. RATE OASIS LLC DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION: (i) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (ii) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND, (iii) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. RATE OASIS LLC MAKES NO REPRESENTATION, WARRANTY OR GUARANTY THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM RATEOASIS.COM IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACKDOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODES OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
8. Disclaimer and Limitation of Liability. Rate Oasis LLC and the information and materials contained herein are provided “as is.” Rate Oasis LLC makes no representations or warranties of any kind regarding RateOasis.com or its operation, contents or information available on the site. Rate Oasis LLC expressly disclaims all warranties, express or implied, of any kind with respect to RateOasis.com. IN NO EVENT WILL RATE OASIS LLC BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICES, EVEN IF RATE OASIS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST RATE OASIS LLC WITH RESPECT TO THIS AGREEMENT OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
9. Release. YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE RATE OASIS LLC AND ITS AFFILIATES, PARTNERS, SERVICE PROVIDERS, VENDORS, AND CONTRACTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF RATEOASIS.COM AND THE SERVICES.
10. Disputes. Agreement and all matters arising from or relating to the use of RateOasis.com and the Services, will be interpreted in accordance with the laws of the State of Wisconsin, without regard to the conflicts of laws and principles thereof. You and Rate Oasis LLC also agree and hereby submit to the personal jurisdiction and venue of the federal districts and state courts of Wisconsin with respect to such matters.
11. Waiver and Severability of Terms. The failure of Rate Oasis LLC to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties` intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
12. Entire Agreement. The Agreement constitutes the entire agreement between you and Rate Oasis LLC and governs your use of RateOasis.com and the Services, superseding any prior agreements between you and Rate Oasis LLC. You also may be subject to additional terms and conditions that may apply when you use certain other Rate Oasis LLC services, affiliate services, third party content or third party software