Last Modified: May 12, 2023
These terms of use are entered into by and between You and Rosegate Mortgage, LLC (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of our website, including any content, functionality, and properties, products and services offered on or through it (the “Site”).
Please read the Terms of Use carefully before you start to use the Site. By using the Site or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Website Privacy Policy, found at https://rosegate.com/privacy-policy/, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.
This Site is offered and available to users who are the greater of: (i) 18 years of age or older or (ii) the age of majority in the jurisdiction in which such user resides. By using this Site, you represent and warrant that you are the greater of 18 years of age or older or the age of majority in the jurisdiction in which you reside. If you are not the greater of 18 years of age or older or the age of majority in the jurisdiction in which you reside, you must not access or use the Site.
We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction and the Binding Arbitration provisions will not apply to any disputes for which actual notice of the dispute has been received from the disputing party by the other party hereto before the date the change is posted on the Site.
Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
You are responsible for both:
To access the Site (including the portals) or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.
When doing your mortgage application, you will need to give us certain information. By giving us this information, you are giving us and any vendors involved in your mortgage, permission to use it to complete the mortgage (including, but not limited to, verifying your employment, assets liabilities, credit score, and identity). This allows us to copy, distribute, transmit, reproduce, edit, translate, and reformat the information you’ve given us. All communications, documentation, and information you or any co-borrower gives us is true, accurate in all respects and is neither misleading nor contains material omissions.
If you are applying for a mortgage with a co-borrower, each of you may use the same login to our Site. As the primary applicant, you agree that you will be the main point of contact for this application and are responsible for making sure that the co-borrower is kept up to date throughout this process. The co-borrower must personally authorize us to run his/her credit report and must use his/her own credentials for accessing his/her bank account, asset, tax, or employment information. The provision of the co-borrower’s information, credentials, and credit report authorization constitutes permission to access such information.
We generally start your mortgage request when we have received all of the information needed to complete your application. When you submit an application with us, you agree to assist us in this process to make sure it is completed as fast as possible. This includes, but is not limited to, the following:
We encourage all users to be responsible about their use of the Site and any transaction entered into in connection with the use of the Site. The Company is not a party to any agreement between you and any third party, such as a lender from whom you may decide to accept financing in connection with a mortgage. As a result, any part of an actual transaction between any user and any third party is solely and exclusively the responsibility of each user.
Users agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Site, their use of any tool, product, or service offered on the Site, and any transaction they enter into in connection with their use of the Site. If a user is a real estate broker, advisor, or other professional, such user further agrees that he/she is responsible for and agree to abide by all laws, ordinances, rules, and regulations applicable to the the conduct of their business, including without limitation, any and all laws, ordinances, rules, regulations, or other requirements relating to taxes, credit cards, data and privacy, permits or license requirements, zoning ordinances, safety compliance, lending, and compliance with all anti-discrimination and fair housing laws, as applicable.
While we do take certain measures with a goal to assist users to avoid potentially fraudulent or other illegal activity of which we become aware, we assume no liability or obligation to take any such measures or actions. When we provide warnings or messages to users about any such activity, we do not warrant that such messages are accurate or that such messages will reach any or all users they should have reached in a timely manner or at all or that such messages or measures will prevent any harm or otherwise have any impact.
THE COMPANY DOES NOT, AND THE SITE AND ITS ANCILLARY PRODUCTS SERVICES, AND TOOLS ARE NOT INTENDED TO, PROVIDE FINANCIAL, INVESTMENT, LEGAL, REAL ESTATE, OR OTHER PROFESSIONAL ADVICE. THE COMPANY IS NOT A LENDER AND DOES NOT REPRESENT YOU OR ANY OTHER USER. THE COMPANY DOES NOT: (A) ACT AS AN AGENT FOR YOU OR ANY OTHER USER; (B) REPRESENT YOU OR ANY OTHER USER IN THE PURCHASE, SALE, OR OTHER EXCHANGE OF PROPERTY, INCLUDING WITHOUT LIMITATION, ANY NEGOTIATION THEREOF; (C) PURCHASE OR SELL, OFFER TO PURCHASE OR SELL, OR NEGOTIATE THE PURCHASE OR SALE OF PROPERTY OR OTHERWISE AID OR ASSIST IN THE PURCHASE OR SALE OF PROPERTY. THE COMPANY ASSUMES NO RESPONSIBILITY FOR ANY RESULT OR CONSEQUENCE RELATED DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION THAT USERS TAKE BASED ON THE SITE AND ITS ANCILLARY PRODUCTS, SERVICES, OR TOOLS OR ANY CONTENT OR INFORMATION AVAILABLE THROUGH OR IN CONNECTION THEREWITH.
Electronic communications, databases, and websites are subject to errors, malfunctions, tampering, and security breaches which could damage your systems or operations. We are not liable for any damages to your computer equipment, hardware, or any other property when using our products or services. It is your responsibility to have appropriate safeguards such as virus-detection software in place to protect your information technology assets.
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such materials and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
You must not:
If you wish to make any use of any material on the Site other than that set out in this section, please address your request to legal@rosegate.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
You agree to (i) keep your password and username for both your account with us and your email account secure and strictly confidential, providing it only to co-borrowers (if any), (ii) instruct each co-borrower to whom you give your username and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new username and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your username and password. Further, if we suspect any unauthorized access to your account, upon our request, you agree to promptly change your username and password and take any other related action as we may reasonably request.
We discourage you from giving anyone other than a co-borrower access to your username and password for your account with us and your email account. However, if you do give someone your username and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with us and/or your email account, even those transactions that are fraudulent or that you did not intend or want performed.
EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER THE COMPANY NOR ITS AFFILIATES IS OR SHALL BE LIABLE TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S USERNAME OR PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR USERNAME AND PASSWORD FOR YOUR ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH THE COMPANY, ITS AFFILIATES, AND/OR OTHER USERS.
Further, we may, without notice to you, suspend or cancel your account at any time even without receiving notice from you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:
Additionally, you agree not to:
The Site may permit users to post, submit, publish, or display (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site. For example, if you leave us a review on Google, you acknowledge and agree that your review may be posted to the Site.
All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post will be considered non-confidential and non-proprietary. By providing any User Contribution, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material according to your account settings.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
If you believe that any User Contributions violate your copyright, please send an email to legal@rosegate.com. It is the policy of the Company to terminate the user accounts of repeat infringers.
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
This Site may include content provided by third parties, including materials provided by other users, advertisers, service providers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Site may provide certain features that enable you to:
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any features and any links at any time without notice at our discretion.
If the Site contains links to websites, mobile applications, and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites, mobile applications, or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites, mobile applications, or resources linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Site is based in the State of North Carolina in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
The Site or its underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) any country subject to United States embargo; (b) to anyone on the U.S. Department of the Treasury’s list of Specially Designated Nationals or on the U.S. Department of Commerce’s Denied Party or Entity List; and (c) to any prohibited country, person, end user, or entity specified by U.S. export laws. When using the Site, you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. governing as a “terrorist supporting” country, and you are not listed on any U.S. government list of restricted parties).
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR: (I) ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT; (II) ANY DISCLOSURE OF INFORMATION WHEN REPLYING TO YOU BY EMAIL OR OTHER ELECTRONIC MEANS; OR (III) ANY UNAUTHORIZED USE OR DISCLOSURE OF YOUR INFORMATION BY ANY THIRD PARTY.
YOUR USE OF THE SITE, ITS CONTENT (INCLUDING WITHOUT LIMITATION THIRD-PARTY CONTENT), ALL COMPANY PRODUCTS, SERVICES, AND TOOLS, AND ALL INFORMATION OFFERED ON OR THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT (INCLUDING WITHOUT LIMITATION, THIRD-PARTY CONTENT), ALL COMPANY PRODUCTS, SERVICES, AND TOOLS, AND ALL INFORMATION OFFERED ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON OR ENTITY ASSOCIATED OR AFFILIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR ANY OF ITS CONTENT OR INFORMATION, PRODUCTS, SERVICES, OR TOOLS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED OR AFFILIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT (INCLUDING WITHOUT LIMITATION THIRD-PARTY CONTENT), ANY COMPANY PRODUCTS, SERVICES, OR TOOLS, OR ANY INFORMATION OFFERED ON OR THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, ITS CONTENT (INCLUDING WITHOUT LIMITATION THIRD-PARTY CONTENT), ANY COMPANY PRODUCTS AND/OR SERVICES, OR ANY INFORMATION OFFERED ON OR THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
IN ADDITION, THE COMPANY MAKES NO REPRESENTATION OR WARRANTIES, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, REGARDING ANY THIRD PARTY CONTENT, INFORMATION, PRODUCTS, SERVICES, OR TOOLS OFFERED ON OR THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY NEITHER MAKES NOR HAS MADE ANY REPRESENTATION, WARRANTY, COVENANT, PROMISE, OR GUARANTEE TO YOU WHATSOEVER REGARDING ANY LOAN, MORTGAGE, PROPERTY, OR ANY OTHER THIRD PARTY PRODUCT AND/OR SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE LAW AND THE APPLICATION THE BORROWER’S SITUATION IS UNIQUE TO EVERY SITUATION, AND YOUR SITUATION MUST BE INDIVIDUALLY ANALYZED. THIS SITE IS FOR GENERAL INFORMATION PURPOSES AND IS NOT A SUBSTITUTE FOR ACTUAL FINANCIAL, INVESTMENT, LEGAL, REAL ESTATE, OR OTHER PROFESSIONAL ADVICE FROM A LICENSED COMPETENT INDIVIDUAL IN HIS/HER FIELD OF EXPERTISE. THE INFORMATION, PRODUCTS AND/OR SERVICES OFFERED ON OR THROUGH THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT THE COMPANY IS NOT ENGAGED IN AND DOES NOT ENGAGE IN OFFERING ANY PROFESSIONAL ADVICE.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER CONTRIBUTIONS TO THE COMPANY AND BY POSTING INFORMATION, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND THE COMPANY OTHER THAN PURSUANT TO THESE TERMS OF USE.
YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD THE COMPANY, ITS AFFILIATES, OR ANY THIRD PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO, AND HAVE NO LIABILITY FOR, ANY TRANSACTION BETWEEN A USER AND ANY THIRD PARTY.
YOUR USE OF THE SITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE SITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT OR OTHER INFORMATION ON THE SITE OR SUCH WEBSITES, OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE OR SUCH WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE OR IF THE COMPANY, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS OR ANY OF HIS, HER, OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NEVERTHELESS, IF THE FOREGOING LIMITATIONS OR EXCLUSIONS ARE HELD TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THE MAXIMUM COLLECTIVE LIABILITY OF THE COMPANY, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED $100.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE OR ANY THIRD PARTY PROVIDER OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH THE SITE, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE COMPANY, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO SUCH DISPUTE AND/OR YOUR USE OF THE SITE.
You hereby agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, members, managers, shareholders, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your User Contributions, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use, and your use of any information obtained from the Site or product or service provided through the Site. You hereby agree to cooperate as fully as reasonably required in defense of any claim.
The Company reserves the right, at its expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the Company’s written consent.
All matters relating to the Site and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed, except with respect to any applicable Federal Law, in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction).
Except as provided by the Binding Arbitration provision of these Terms of Use, any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted solely and exclusively in the federal or state courts having jurisdiction in Mecklenburg County, North Carolina, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your state or country of residence or any other relevant state or country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At Company’s sole discretion and directive, you shall submit any dispute or claim arising from these Terms of Use or your use of the Site, including any dispute or claim arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying North Carolina law except with respect to any applicable Federal Law.
Should this Binding Arbitration provision or any other provision of these Terms of Use be declared void or unenforceable or deemed in contravention of law, it shall be severed and the remainder of these Terms of Use shall be enforceable.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
This Site is operated by Rosegate Mortgage, LLC.
All notices of copyright infringement claims should be sent to legal@rosegate.com.
All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to legal@rosegate.com.