Gutters Nationwide

Terms and Conditions

Last Updated: March 20, 2024

Introduction

These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with this website (the "Service") operated by Pear Media llc. ("us", "we", or "our").

Please read these Terms and Conditions and our Privacy Policy carefully before using the Service.

ARBITRATION NOTICE: THESE TERMS OF SERVICE CONTAIN AN ARBITRATION CLAUSE. SEE DISPUTE RESOLUTION; GOVERNING LAW BELOW FOR DETAILS.

BY COMPLETING AND SUBMITTING A REQUEST TO BE CONNECTED WITH A PARTNER THROUGH THE GUTTERS-NATIONWIDE.COM WEBSITE (THE "SITE"), YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AS WELL AS THE PRIVACY POLICY POSTED TO THIS SITE, WHICH IS INCORPORATED INTO THIS AGREEMENT BY REFERENCE. AS SUCH, YOU MUST READ THIS AGREEMENT AND THE PRIVACY POLICY BEFORE COMPLETING AND SUBMITTING YOUR REQUEST. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE AND THE PRIVACY POLICY, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE OUR SERVICE.

1. Eligibility Requirements

You must be at least 18 years of age (or the age of majority in your state of residence) to set up an Account. If you provide any false, inaccurate, untrue, or incomplete information in your Request Form, we may immediately terminate your access to and use of the Service. It is your responsibility to keep the confidentiality of any username(s) and password(s) associated with your Request Form.

2. Service Request Process

The Service attempts to connect Individuals who complete and submit a Request with one or more Marketplace Participants. To use the Service, you must complete and submit the information requested in the Request Form, which information may include (by way of example and not limitation) your name, street address, telephone number, date of birth, banking account information, desired loan amount, social security number, employment information, and any other information requested at the time of collection. Alimony, child support, or separate maintenance income need not be disclosed unless relied upon for credit. You represent and warrant that the information you provide to us through your Service Request Form is accurate and truthful. If you do not provide such information in such manner, we reserve the right to deny, suspend, or terminate Service. We reserve the right to refuse to provide the Service to you, in our sole discretion, with or without cause.

3. Information Review Process

If one or more Marketplace Participants review your Service Request information and determine that you meet its qualification criteria, we will provide you the name(s) and contact information of the Marketplace Participant(s) or redirect your browser to their website. Once we connect you with a Marketplace Participant in either manner, we have no further involvement in the Service Request Form or approval process. Your subsequent interactions with them are subject to their privacy policies, terms of use, and other policies or terms enforced by that Marketplace Participant. In addition, Marketplace Participants who review your information may contact you at a later time to offer their products and services to you.

I expressly authorize the Marketplace Participant I am connected with to share among its affiliates, contractors, financial servicers and bank partners any transaction history related to my financial products or services received or serviced through the Marketplace Participant for the purpose of evaluating me for credit.

We are not responsible for any failure or delay in providing the Service caused by errors, inaccuracies, or falsity in any of the Service Request Form information provided by your or by any technical problems beyond our reasonable control.

4. License

This Agreement provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use this Site conditioned on your continued compliance with the terms and conditions of this Agreement. Notwithstanding the foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Site. Moreover, you may not:

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION, OR MATERIALS PROVIDED BY US TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

5. Disclaimer Of Warranties, Release, And Limitation Of Liability

THE SERVICE AND SITE AND ALL INFORMATION, PROGRAMS, SOFTWARE, AND MATERIALS PROVIDED THEREIN (COLLECTIVELY, "SERVICE INFORMATION") ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. MOREOVER, WE MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE SERVICE INFORMATION AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE OF AND/OR RELYING ON THE SERVICE INFORMATION. WE AND OUR PARENT, LICENSORS, SUBSIDIARIES, ADVERTISERS, MARKETPLACE PARTICIPANTS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE SERVICE INFORMATION FOR ANY PURPOSE, AND EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU ACCESS FROM THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.

Some jurisdictions do not allow the disclaimer of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law. You expressly absolve and release us and our Marketplace Participants from any claim of harm resulting from a cause beyond our or our Marketplace Participants' control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR PARENT, LICENSORS, SUBSIDIARIES, ADVERTISERS, MARKETPLACE PARTICIPANTS AND AFFILIATES OR ANY OF OUR OR THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUCCESSORS, ASSIGNS, OR SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF THIS SITE, THE SERVICE, OR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SITE, WHETHER RESULTING IN WHOLE OR IN PART FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE OR OUR MARKETPLACE PARTICIPANTS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGE. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply. You hereby agree to indemnify and hold us harmless against any claims made by you or your successors arising out of or related to any violation of federal, state or local laws relating to any contract that you receive through the Service or your interactions with any Marketplace Participants with whom you were connected through the Service.

6. Termination

We may temporarily or permanently stop providing the Service (or any features within the Service) to you, or terminate this Agreement, at any time if (a) you have breached any provision of this Agreement, (b) we are required to do so by law, (c) we believe, in our sole discretion, that you have committed fraud with respect to your access to and use of the Service, (d) the Marketplace Participants or other business partner with whom we offer the Service to you has terminated its relationship with us, (e) the provision of the Service to you by us is, in our sole opinion, no longer commercially viable, or (f) we are no longer providing the Service to customers in the jurisdiction in which you reside or from which you use the Service. Termination is effective without notice.

7. Governing Law; Dispute Resolution

Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION. THUS, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. THE INFORMATION PROVIDED IN THIS AGREEMENT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. You may opt out of this arbitration agreement by providing notice to us by Intl. Mail sent to: Pear media llc. - 16192 Coastal Highway, Lewes, Delaware 19958 no later than 30 calendar days from the date you accept these Terms of Service. To opt out, you must send notice in a letter that includes the subject line: “Arbitration Opt Out” along with your full name and the email address you used when consenting to the Terms of Service.

8. Miscellaneous

This Agreement, including the Privacy Policy which is incorporated herein, constitutes the entire agreement between you and us with respect to your use of the Service. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. Section headlines are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. You agree that this Agreement and all agreements and notices incorporated herein may be automatically assigned by us, in our sole discretion, to a third party. You may not assign your obligations to any other person or entity.

Disclaimer Loan Connection Service

GUTTERS-NATIONWIDE.COM IS NOT A LENDER AND/OR LENDING PARTNER, DOES NOT BROKER LOANS, AND DOES NOT MAKE CASH ADVANCES OR CREDIT DECISIONS. THIS SITE DOES NOT CONSTITUTE AN OFFER OR SOLICITATION TO LEND. WE WILL SHARE YOUR LOAN REQUEST INFORMATION WITH ONE OR MORE MARKETPLACE PARTICIPANTS. WE DO NOT GUARANTEE THAT YOU WILL BE CONNECTED WITH A LENDER AND/OR LENDING PARTNER; ANY PARTICULAR LOAN PROGRAM; THAT YOU WILL RECEIVE A LOAN. WE DO NOT GUARANTEE THAT THE PRICE, PRODUCT, AVAILABILITY, RATES, FEES, OR ANY OTHER LOAN TERMS OFFERED AND MADE AVAILABLE BY MARKETPLACE PARTICIPANTS THROUGH THIS SERVICE ARE THE BEST TERMS AVAILABLE IN THE MARKET. NOT ALL MARKETPLACE PARTICIPANTS PARTICIPATING IN THIS SERVICE CAN PROVIDE YOUR REQUESTED LOAN AMOUNT OR THE MOST FAVORABLE REPAYMENT TERMS. YOU ARE PROVIDING EXPRESS WRITTEN CONSENT UNDER THE FAIR CREDIT REPORTING ACT FOR OUR LENDERS AND/OR LENDING PARTNERS WITH WHOM YOU ARE CONNECTED TO OBTAIN YOUR CONSUMER CREDIT REPORT FROM YOUR CREDIT PROFILE OR OTHER INFORMATION FROM CONTRACTED CREDIT BUREAU(S) ASSOCIATED WITH YOUR PRE-QUALIFICATION FOR CREDIT INQUIRY.