TERMS OF SERVICE
Ownership of Services; Agreement to Terms of Service
These Terms of Service (the “Terms of Service”) apply to the Misely, LLC (collectively, “Misely, “we,” “our,” or “us”) services (the “Services”) defined below. These Services are the property of Misely. BY USING OUR SERVICES, INCLUDING BY ACCESSING THIS WEBSITE, YOU AGREE TO THESE TERMS OF SERVICE; IF YOU DO NOT AGREE, YOU MAY NOT USE OUR SERVICES.
Misely reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Service, at any time. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of our Services following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Service, Misely grants you a personal, non-exclusive, non-transferable, limited privilege to use our Services.
THESE TERMS OF SERVICE INCLUDE AN AGREEMENT TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION THAT INCLUDES A CLASS ACTION WAIVER, AS WELL AS IMPORTANT DISCLAIMERS, WARRANTIES, AND LIMITATIONS ON LIABILITY.
Privacy
Our Privacy Policy applies to use of Misely Services and its terms are made a part of these Terms of Service by this reference. To read our Privacy Policy, click here. Additionally, by using our Services, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send using the Internet may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Our Services
When we refer to our “Services” in these Terms of Service, we mean all services owned and operated by Misely, including the content, features, tools, data, software, and functions made available by Misely through www.misely.com (the “Website”), our mobile applications, and other websites or applications we operate, unless those websites or applications have posted separate or additional terms of service. As of the effective date of these Terms of Service, our Services include the following key features:
- Loan Option Scenario Estimates.
Offers pre-application loan option guidance, including, but not limited to; loan terms, closing costs and payment information.
- Investment Information.
Offers loan option recommendations based on borrower stated financial assumptions, including but not limited to; payment and cash investment goals, overall investment objectives, projected investment rates of returns and home ownership goals.
We reserve the right to make changes to how we operate and provide our Services, including adding new services, modifying existing services, or suspending, discontinuing, or terminating your access to any or all portions of our Services.
Your Use of Our Services
You may not attempt to gain unauthorized access to any portion or feature of our Services, or any other systems or networks connected to our Services or to any Misely server.
You may not probe, scan, or test the vulnerability of our Services or any network connected to our Services, nor breach the security or authentication measures of our Services or any network connected to our Services.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of our Services or Misely systems or networks, or any systems or networks connected to our Services or to Misely.
You agree not to use any device, software, or routine to interfere with the proper working of our Services or any transaction being conducted on our Services, or with any other person’s use of our Services.
You may not forge headers or otherwise disguise the origin of any messages or transmittal you send on or through our Services. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use our Services or any Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes on the rights of Misely or others.
Your Misely Account
You must register for a Misely account to access many of our Services. By registering for a Misely account, you certify that:
- You are 18 years of age or older;
- Any information you provide to us, both when you register and in the future, is and will be true, accurate, current, and complete;
- You will not submit personal information of another individual to us without that individual’s consent;
- You will not use our Services for any unlawful or malicious purpose; and
- You will not sell, transfer, or assign your account to anyone else. You will keep your password confidential, you will not share it, and you may not allow anyone else to log into our Services as you. You are responsible for all activities that occur under your Misely account. If you believe your account is no longer secure, notify us immediately by email to info@misely.com.
Our Content
All text, graphics, photographs, trademarks, logos, and other “Content” in our Services is owned, controlled, or licensed by or to Misely, and is protected by copyright, trademark, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Service, no part of our Services and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way, without the express prior written consent of Misely.
Disclaimers
MISELY DOES NOT PROMISE THAT OUR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF OUR SERVICES WILL PROVIDE SPECIFIC RESULTS. OUR SERVICES ARE DELIVERED ON AN “AS-IS,” “AS-AVAILABLE,” AND “WITH ALL FAULTS” BASIS. ALL INFORMATION PROVIDED THROUGH OUR SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE. MISELY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD USING OUR SERVICES WILL BE FREE OF VIRUSES OR OTHER CONTAMINATION OR DESTRUCTIVE FEATURES. MISELY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. MISELY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF ANY MISELY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF OUR SERVICES AND ANY LINKED WEBSITES. YOUR SOLE REMEDY AGAINST MISELY FOR DISSATISFACTION WITH OUR SERVICES IS TO STOP USING OUR SERVICES OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer viruses, communication line failure, theft, or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action.
Misely reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to our Services, or any portion of our Services, for any reason; (2) to modify or change our Services, or any portion of our Services, and any applicable policies or terms; and (3) to interrupt the operation of our Services, or any portion of our Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Disclosure Related to Mortgage Options
Misely may provide estimates of closing and property costs. This is intended to assist Borrowers in evaluating a loan or home purchase. This is not a commitment to lend, nor is it a rate lock, pre-qualification, or pre-approval. Closing and settlement costs, reserve deposits, interest rates, and APR are subject to change, and the actual cost may be more or less depending on factors such as down payment, property type, and hazard and mortgage insurance. Charges from third parties, which may include Lender's affiliates, will be passed through at the actual cost charged by the third party. Intended Borrowers may wish to compare these estimated charges directly with each third party in considering the total cost of your mortgage.
Disclosure Related to Investments
Home Investment Analysis and Home Cost Analysis results are based on information provided by Borrowers, such as personal investment strategy, expected investment rates of return, Borrowers ability to save, Borrowers tax bracket, closing costs, and other information and assumptions. The analysis is also dependent on currently available loan programs, which may change over time.
Not Legal or Professional Advice
Misely is not a financial or legal advisor as defined under federal or state law. Using Misely Services is not a replacement for personal, professional advice or assistance regarding your mortgage, investment, or other financial needs.
Limitation of Liability
Except where prohibited by law, in no event will Misely be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Misely has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Service, Misely is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of our Services or any Content, our liability shall in no event exceed the greater of (1) any Misely membership fees you paid during the last six months, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Indemnification
You agree to indemnify and hold Misely, its officers, directors, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates, harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees), made against Misely by any third party due to or arising out of or in connection with your use of our Services.
Links to Other Websites
Our Services may contain links to independent third-party websites (“Linked Websites”). These Linked Websites are provided solely as a convenience to our visitors. Misely has no discretion to alter, update, or control the content on Linked Websites, and Misely is not responsible for and does not endorse the content of these Linked Websites, including any information or materials contained on such Linked Websites. You should read all the relevant legal documentation available on Linked Websites, including terms of service and privacy policy documents, before providing personal information to Linked Websites.
Violation of These Terms of Service
Misely may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of our Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of our Services, including our customers. Misely reserves the right at all times to disclose any information that Misely deems necessary to comply with any applicable law, regulation, legal process or governmental request. Misely also may disclose your information when Misely determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Misely may preserve any transmittal or communication by you with Misely through our Services, and may also disclose such data if required to do so by law or if Misely determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Service, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Misely, its employees, users of or visitors to our Services, and/or the public.
You agree that Misely may, in its sole discretion and without prior notice, terminate your access to our Services and/or block your future access to our Services if we determine that you have violated these Terms of Service or other agreements or guidelines which may be associated with your use of our Services. You also agree that any violation by you of these Terms of Service will constitute an unlawful and unfair business practice, and will cause irreparable harm to Misely, for which monetary damages would be inadequate, and you consent to Misely obtaining any injunctive or equitable relief that Misely deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies which Misely may have at law or in equity.
You agree that Misely may, in its sole discretion and without prior notice, terminate your access to our Services, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) discontinuance or material modification of our Services, or (3) unexpected technical issues or problems.
If Misely does take any legal action against you as a result of your violation of these Terms of Service, Misely will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Misely. You agree that Misely will not be liable to you or to any third party for termination of your access to our Services because of any violation of these Terms of Service.
Governing Law and Venue
You agree that all matters relating to your use of our Services, including all disputes, will be governed by the laws of the United States and by the laws of the State of Virginia without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts for Loudoun County, Virginia, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside.
Dispute Resolution
Arbitration
YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR IN RELATION TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. In the event of any controversy or dispute between Misely and you arising out of or in connection with your use of our Services, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed 30 days), at our sole and absolute discretion, such dispute shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association, in Loudoun County, Virginia, and at our option, such arbitration shall be before a single neutral arbitrator selected at our sole and absolute discretion. You shall be liable for and shall reimburse us for our expenses and fees, including attorney’s fees, if any arbitration or litigation arises with respect to Misely Services.
Class Action Waiver
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST MISELY ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS USER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS WE AGREE OTHERWISE. THE DECISION-MAKER 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. FURTHER, THE DECISION-MAKER MAY AWARD RELIEF ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIMS. ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Severability; No Waiver
The representations and warranties and/or covenants set forth in these Terms of Service are each to be construed as a separate agreement, independent of any other provisions of these Terms of Service. Further, the invalidity or unenforceability of any provision, word, phrase, clause, sentence, paragraph or section of these Terms of Service shall in no way affect the validity or enforceability of any other provision, word, phrase, clause, sentence, paragraph or section of these Terms of Service, and any such invalid or unenforceable provision that is overbroad shall be deemed narrowed to the broadest term permitted by applicable law and shall be enforced as narrowed. If one or more of the provisions in these Terms of Service is deemed invalid or unenforceable, then the remaining provisions will continue in full force and effect. Our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
Report Copyright Infringement
You may not use our Services in any manner that infringes the rights of any third party. If you believe, in good faith, that any of our content infringes your copyrights, you may send a notice of infringement under the federal Digital Millennium Copyright Act (DMCA) by email or regular mail to:
Attention: Copyright Agent, Legal Department
Misely, LLC
19309 Winmeade Drive
P.O. Box 404
Lansdowne, VA 20176
To find out more about what should be included in notice of infringement, click here: http://www.ipwatchdog.com/2009/07/06/sample-dmca-take-down-letter/id=4501/.
Feedback
If you have questions, comments, or a complaint related to these Terms or Service, please contact us at info@misely.com. Any feedback you provide on our Services shall be deemed to be non-confidential. Misely shall be free to use such information on an unrestricted basis.
Referral Program
Allows registered Misely users ("User") to earn 10% off for each person they refer to Misely ("Referral Credit"), which can be applied to the purchase of any Misely Subscription Plan.
How to Earn Referral Credit:
Users may earn Referral Credit for all Qualified Referrals to new users who do not have a Misely.com account (“Referred Party”). A Qualified Referral occurs when: a) the Referred Party clicks on her referral link, creates an account, and purchases a Misely Subscription Plan; and b) remains a Misely Standard, Professional or Enterprise User. For each Qualified Referral, the referring User will receive a Referral Credit in her account thirty (30) days after the Referred Party’s purchase of a Misely Subscription Plan. Referral Credits are limited to 50% off any Misely Subscription Plan.
Redeeming Credits:
Pending and earned Referral Credits will automatically appear in the referring User’s account summary.
Referral Credits may not be combined with additional coupons, transferred, reused, or exchanged for cash or cash equivalents.
Severability:
If any provision in these terms is held to be invalid, void, or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
Termination and Change:
Misely may suspend or terminate the Referral Program or a User’s ability to participate in the Referral Program at any time for any reason.
Misely reserves the right to void Referral Credit or suspend accounts if it suspects any activity that is abusive or fraudulent (including but not limited to Users sending referral links to themselves or one User’s creation of multiple Misely accounts for the purpose of receiving Referral Credit). We reserve the right to review and investigate all referral activities and to suspend accounts or modify referrals as deemed in our sole discretion fair and appropriate.
Updates to the Terms:
Misely reserves the right to update these terms at any time without prior notice. If we modify these terms, we will post the modification on the Misely.com website, applications, or services, which are effective upon posting. Continued participation in the Referral Program after any such modification shall constitute consent to such modification.
Shared Templates
By utilizing shared templates, you acknowledge that Misely, nor the publisher, guarantees their applicability to your exact situation. Therefore, it is your responsibility to review and adjust them accordingly. We assume no liability for any consequences resulting from the use of shared templates and recommend thorough assessment before implementation.
Copyright Notice
The information contained in our Services is subject to change without notice.
Copyright © 2024 Misely, LLC. All rights reserved.
Misely, LLC,
info@misely.com