I. TERMS OF USE
1. General – This site is operated by Road to Close on the World Wide Web. The purpose of the site is to contract to closing services, facilitate transactions between Road to Close, its affiliated Participant’s and the End User.
This Agreement sets forth the terms and conditions that apply to the use of this website by the End User. By continuing to use this site for any purpose other than to read this Agreement, End User agrees to comply with all the terms of this Agreement. This site is intended for the private use of the End User, therefore the rights of the End User cannot be transferred to any third party. If this site requires End User to register any usernames or passwords, it will be the sole responsibility of the End User to protect the privacy/confidentiality of such usernames/passwords. Under this Agreement End User acknowledges and understands that from time to time the internet and websites may be subject to interruptions in service, and Road to Close shall not be responsible for any data lost while transmitting information on the internet. End User also acknowledges that it is necessary for Road to Close to maintain the website and during maintenance access to the site may be unavailable or terminated.
Road to Close reserves the right to change or discontinue any aspect or content of the website. These changes may include but are not limited to, website content, times of availability of the website, and equipment needed to access and use the website.
2. Modification of Terms – Road to Close reserves the right to discontinue or modify the Terms of Use and Privacy Policy of the website at their discretion. Changes may include, but are not limited to, the addition of fees or charges. Upon modification or discontinuation of the Terms of Use or Privacy Policy End users may be notified by their email account registered on the website or by posting notice on the website. The modified terms will become effective immediately upon notice being issued. Any changes will not affect transactions purchased prior to the changes. The changes will be effective immediately upon notification for new users and transactions purchased by new users. For these reasons End User is advised to re-read the Terms of Use and Privacy Policy from time to time. End User’s use of the website after any modifications and notice will constitute acceptance of the modifications by the End User.
3. Equipment – End user is responsible for purchase and maintenance of all equipment necessary to access the website, including but not limited to, telephone and cable lines and computer hardware and software. Road to Close shall not be held responsible for any damages to End User’s equipment as a result of accessing the website.
4. End User Conduct – This website and any sites contained within or available through the website through external links (“Microsites”) are private property. All interactions with this site or the Microsites must strictly adhere to the Terms of Use. This site and Microsites are to be used for lawful purposes only. End user shall not post or transmit through this website any material which violates or infringes upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, pornographic, profane, hateful, or otherwise objectionable, conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Road to Close’s express, prior, written consent, contains advertising or solicitation with respect to products and services. End User shall not use this site or any of the Microsites to disseminate any commercial, religious, political or non-commercial solicitation. End User shall not solicit or encourage other users of the website and/or the Microsites to become users of any services directly or indirectly competitive or potentially competitive with Road to Close.
5. Copyright and Trademarks – End User acknowledges that the complete content of the website and Microsites are the sole property of Road to Close and Road to Close retains all intellectual property rights related to the website and services, including, but not limited to copyrights, trademarks and all other proprietary rights. End User is not granted any license or rights under this Agreement. END USER SHALL NOT: COPY, REPRODUCE, DISTRIBUTE, TRANSMIT, BROADCAST, DISPLAY, LICENSE, POST, LINK, DEEP LINK, OR OTHERWISE MODIFY THIS WEBSITE OR ANY MICROSITE WITHOUT EXPRESS WRITTEN PERMISSION OF ROAD TO CLOSE. Failure of End User to abide by this policy may result in copyright, trademark, or other intellectual property right infringement that may subject End User to civil and/or criminal penalties. Road to Close retains all rights not expressly granted in regards to the complete website and services.
This site is protected by United States copyright laws. Protected material on the website includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features, video, music, and the complete contents of the website are protected as a collective work under United States copyright laws. End User may download, print and/or save material from the website and Microsites for End User’s personal use only. End User acknowledges that there are no ownership rights transferred to End User by downloading the copyrighted material. Trademarks located on the website or Microsites shall not be considered to be in the public domain, trademarks on the website or Microsites are the exclusive property of Road to Close, with the exception of content under license from the Trademark owner thereof, in which case such license is for the exclusive benefit and use of Road to Close.
End User shall respect material protected by copyright, trademark or other proprietary right, of any third party. End User shall not upload, post or otherwise make available on this website any protected material of a third party without the third party’s express written consent. End User shall not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless End User is the owner of such rights or has the appropriate license from the rightful owner to submit the content. If End User submits any third party material to any area of the website or Microsites, End User warrants that the third party owner has granted Road to Close the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, transmit, translate and distribute such third party material at Road to Close’s discretion. End User also gives other End Users of Road to Close the right to download, print and save the third party material for their personal use. All material uploaded, posted or otherwise made available by End User on the website may be edited, copied, published and distributed by Road to Close.
This provision applies equally to, and is for the benefit of Road to Close, its subsidiaries and affiliates, Participants and third party content providers and each shall have the non exclusive right to enforce such provisions directly or on its own behalf.
6. Copyright Policy – Road to Close retains the unlimited right to terminate its agreement with any End User who violates or infringes upon any third party copyright. If a third party believes its copyrights have been infringed on the website or Microsites, the copyright owner or agent may contact Road to Close to take any action required by law.
7. Disclaimer of Warranty
ROAD TO CLOSE PROVIDES THE WEBSITE AND SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” ROAD TO CLOSE AND ITS AFFILIATES AND PARTICIPANTS MAKE NO EXPRESS WARRANTIES OR GUARANTEES ABOUT THE WEBSITE, MICROSITES, SERVICES OR DEALS.
END USER EXPRESSLY AGREES THAT USE OF THIS WEBSITE AND MICROSITES IS AT END USER’S SOLE RISK. ROAD TO CLOSE, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, PARTICIPANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, DO NOT WARRANT THAT THE WEBSITE AND SERVICES ARE PARTICIPANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. ROAD TO CLOSE DOES NOT GUARANTEE THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. ROAD TO CLOSE DISCLAIMS ANY WARRANTY AS TO, THE RESULTS THAT MAY BE OBTAINED FROM USAGE OF THE WEBSITE OR MICROSITES, OR THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR TRANSACTIONS PROVIDED THROUGH THIS SITE OR THE MICROSITES.
8. Limitation of Liability
ROAD TO CLOSE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM END USER’S USE OF, INABILITY TO USE, OR RELIANCE UPON THE WEBSITE AND SERVICES OR ARISING OUT OF OR RELATED TO THIS AGREEMENT. IN NO EVENT WILL ROAD TO CLOSE’S LIABILITY IN CONNECTION WITH A TRANSACTION EXCEED THE AMOUNT PAID FOR SUCH TRANSACTION, AND TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY END USER DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM.
9. Monitoring – Road to Close reserves the right to monitor all parts of the website and Microsites in order to ensure End User compliance with this Agreement, as well as to satisfy any applicable law, regulation or any operating rules established by Road to Close. Road to Close shall have the sole discretion to remove any material it finds to be in violation of this Agreement or otherwise objectionable.
10. Privacy – The website contains content submitted by End Users such as comments, ratings, bulletin board service, chat rooms and/or other message or communication facilities (“Communities”). Communications on these Communities are public and therefore End User acknowledges that other End Users may read the communications without End User’s knowledge. Road to Close is not responsible for communication on the Communities and does not control the content, messages or information contained therein. Road to Close expressly disclaims any liability arising from the Communities and any actions resulting from End User’s use of the Communities. In general, communication by the End User on the Communities is considered to be non-confidential. In cases where a website communication will be deemed confidential, that fact will be stated on those pages. Comments, messages and other communications posted by End Users on the website become the property of Road to Close, and End User grants Road to Close the right to use and/or reproduce the comments for any lawful purpose including but not limited to promotions, advertising and market research without territorial, time or other limitation.
11. License Grant – By posting any communications on or through the website and/or Microsites, End User grants to Road to Close a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicenses.
12. Indemnification/Release – By accessing the website, End User agrees to defend, indemnify and hold harmless Road to Close, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorney’s fees, arising out of or related to any products or services purchased by End user through use of the website or Microsites.
End User is solely responsible for interactions with transaction participants and other users of the website or Microsites. To the maximum extent permitted under applicable law, End User hereby releases Road to Close from any and all claims or liability related to any product or services of a Participant, any action or in-action by Participant, including Participant’s failure to abide by applicable laws and/or Participant’s failure to honor the terms of any TRANSACTION, and any conduct or speech, whether online or offline of any other End User.
13. Termination – Road to Close reserves the right to terminate this agreement in whole or in part at any time. Without limiting the foregoing, Road to Close shall have the right to immediately terminate any accounts or passwords of End User in the event of any conduct by End User which Road to Close in its sole discretion, considers to be unacceptable, or in the event that End User breaches this agreement in any way. The provisions of Sections 2,4,5,6,7,10,11 and 12 will survive termination of this Agreement.
14. Trademarks – Road to Close is a trademark of WeCasa, Inc. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on the website are the property of their respective owners.
15. Third-Party Content – Road to Close is a distributor, not a publisher, of content supplied by third parties and End Users. As such, Road to Close has no editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed by other End Users or third parties are those of their respective author(s) or distributor(s) and not of Road to Close.
The content available on this website is often the opinion and judgments of the respective information provider, End User or other users not under contract with Road to Close. Road to Close neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the website by any person accessing the website other than an authorized Road to Close employee while acting in their official capacity. Road to Close will under no circumstances be held liable for loss or damages resulting from End User’s reliance on information obtained through the Road to Close website. It is the End User’s sole responsibility to evaluate the validity, accuracy, completeness, or usefulness of any information or content accessed through the website or Microsites.
The website contains links to third-party websites not maintained or owned by Road to Close. These links are provided for the convenience of the End User and should not be construed as an endorsement of the third-party websites by Road to Close. Road to Close hereby expressly disclaims any representation regarding the content or accuracy of materials on the third-party websites. End User accesses the third-party websites at their own risk. Unless there is express written consent of Road to Close, End User may not provide a hyperlink to the Road to Close website or Microsites from any other website. Road to Close shall retain the right, in its sole discretion, to revoke its consent to any hyperlinking at any time.
16. Miscellaneous – This Agreement, including the Terms of Sale set forth below (which are incorporated into this Agreement), and any operating rules for Road to Close established by Road to Close, constitute the entire agreement of parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any part of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions of this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. If either party fails or declines to exercise any of its rights under this Agreement it shall not be deemed a waiver or forfeiture of such right or any other rights provided hereunder.
17. Venue. Road to Close is a Delaware Corporation. Legal issues arising out of, but not exclusive to the use of, the website or Microsites are governed by and in accordance with the laws of the State of Delaware (exclusive of its rules regarding conflicts of laws). By using the website, End User agrees that any dispute or claim arising out of or in connections with this Agreement or the performance, breach or termination thereof, or the website or Microsites, shall be finally settled by a court of competent jurisdiction in the state of Delaware.
18. Changes to Privacy Policy
Road to Close may change this Privacy Policy at any time by posting the revised Privacy Policy in the “Privacy Policy” section of the website. The revised Privacy Policy will go into effect immediately upon being posted on the website. It is the sole responsibility of each User to be familiar with the Privacy Policy. The Privacy Policy section of the website should be checked periodically by User to learn of any changes to the Privacy Policy. Your continued access and use of the website after revisions to the Privacy Policy constitute your acknowledgement and acceptance of the terms of the revised Privacy Policy.
19. Types of Information Collected and Uses of Collected Information
Road to Close collects two types of information about website Users: Personally Identifiable Information and Non-Personally Identifiable Information.
Personally Identifiable Information – Personally Identifiable Information is information that identifies a specific End User. When you engage in certain activities on the website, such as creating an account, ordering a product or service from Road to Close or our partners, submitting content and/or posting content in discussion forums, filling out a survey, posting a review, sending us or our partners feedback, requesting information about our services, submitting an affiliate agreement, applying for a job, posting a video or signing up for special offers from third parties through the website (collectively, “Identification Activities”), we may ask you to provide certain information about yourself. It is optional for you to engage in an Identification Activity. If you elect to engage in an Identification Activity, however, we may ask you to provide us with certain personal information about yourself, such as your first and last name, mailing address, email address, telephone number and date of birth. When you order products or services, we may also ask you to provide us with your credit card number, expiration date and authentication codes or related information. Depending on the activity, some of the information we ask you to provide is identified as mandatory and some is identified as voluntary. If you do not provide the mandatory information for a particular activity that requires it, you will not be permitted to engage in that activity.
Road to Close uses Personally Identifiable Information to provide products and services to you, enhance the operation of the website, improve our marketing and promotional efforts, analyze website use, improve our product and service offerings, and to tailor your experience with third parties as provided in Item 3 of this Privacy Policy. For example, if you send our customer service an email, we may use your comments and feedback to tell others about our services, and may post your comment in our marketing materials or on our Website. In addition, if you use our website to send information or a product to another person, we may store your personal information, and the personal information of any recipient. We may use that other person’s contact information to allow him or her to view and accept your invitation or to allow the recipient to access the information you requested we send. We may also use Personally Identifiable Information to troubleshoot, resolve disputes, accomplish administrative tasks, contact you, enforce agreements with you, including our website Terms of Use and this Privacy Policy, comply with applicable law, and cooperate with law enforcement activities.
Non-Personally Identifiable Information – Non-Personally Identifiable Information is information that does not identify a specific End User. This type of information may include things like the Uniform Resource Locator (“URL”) of the website you visited before coming to our website, the URL of the website you visit after leaving your website, the type of browser you are using and your Internet Protocol (“IP”) address. We, and/or our authorized Third Party Service Providers and Advertisers, may automatically collect this information when you visit our Website through the use of electronic tools like Cookies and Web beacons or Pixel tags, as described in Items 4 and 8 of this Privacy Policy.
We use Non-Personally Identifiable Information to troubleshoot, administer the Website, analyze trends, gather demographic information, comply with applicable law, and cooperate with law enforcement activities. We may also share this information with our authorized Third Party Service Providers and Advertisers to measure the overall effectiveness of our online advertising, content, and programming.
20. Release of Personally Identifiable Information
We will not share your Personally Identifiable Information with other parties except as provided below:
We may share your information with Road to Close Participants. From time to time, we provide invitations and offers from particular Participants (referred to as “Road to Close Participants”) who, as part of the invitation or offer, request information on Road to Close customers who purchased the offer. In those cases, we share some of your Personally Identifiable Information with Road to Close Participants. Sharing this Information will allow a Road to Close Participant to market directly to you should they choose to do so. However, we will only share Personally Identifiable Information with a Road to Close Participant if you engage in an Identification Activity, and then only to the Road to Close Participant involved in that Identification Activity. We specifically disclaim any responsibility or liability for the actions of such Road to Close Participant. While we inform them that they are only permitted to communicate with you for the purposes of the specific promotion with Road to Close, we do not have any responsibility for the actions of the Road to Close Participant, and the actions of the Road to Close Participant are not in our control.
We may remarket your information. Remarketing is a way for us to connect with users, based upon your past interaction with the Road to Close website. Third-party marketing vendors may be hired by Road to Close to perform remarketing services. As a result, third-party vendors, including Google may show Road to Close ads on sites on the internet. Third-party vendors, including Google, use cookies to serve ads based on a user’s prior visits to Road to Close’s website. Users may opt out of Google’s use of cookies by visiting the Google advertising opt-out page at http://www.google.com/privacy_ads.html.
We may share your information in a Business Transfer. As with any other business, we could merge with, or be acquired by another company. If this occurs, the successor company would acquire the information we maintain, including Personally Identifiable Information. However, Personally Identifiable Information would remain subject to this Privacy Policy.
We may share your information for our Protection and the Protection of Others. We may also disclose Personally Identifiable Information when we believe release is appropriate to comply with the law or a court order; enforce or apply this Privacy Policy, our Website Terms of Use or other agreements; or protect the rights, property or safety of the Website, its Users or others.
21. Release of Non-Personally Identifiable Information
We may disclose or share Non-Personally Identifiable Information with Partners. Affiliates and Advertisers. For example, we may share aggregated demographic information (which does not include any Personally Identifiable Information) with “Third Party Advertisers” or “Third Party Advertising Companies” and other parties as provided below:
We use Third Party Advertising Companies to serve ads when you visit our Website. These companies may use Non-Personally Identifiable Information about your visits to this and other websites in order to provide, through the use of network tags, advertisements about goods and services that may be of interest to you.
We also use Third Party Service Providers to track and analyze Non-Personally Identifiable usage and volume statistical information from our Users to administer our Website and constantly improve its quality. We may also publish this information for promotional purposes or as a representative audience for Advertisers. Please note that this is not Personally Identifiable Information, only general summaries of the activities of our Users. Such data is collected on our behalf, and is owned by Road to Close.
22. Updating and Correcting Information
Road to Close wants its Users to have the ability to access and edit the Personally Identifiable Information that you provide us. You may change any of your Personally Identifiable Information by sending us an email at support@roadtoclose.com. Please indicate your name, email address, and what information you would like to update.
Road to Close encourages you to promptly update your Personally Identifiable Information if it changes. You may ask to have the information on your account deleted or removed; however, because Road to Close keeps track of past transactions, you cannot delete information associated with past transactions on the website. In addition, it may be impossible for us to completely delete all of your information because we periodically backup information.
23. User Choices on Collection and Use of Information
As discussed above, a User can always choose not to provide information, although it may be required to engage in a certain activity on the website.
As a condition of purchase of our products and services, we will send you Administrative and Promotional emails. We will send you information regarding your account activity and purchases as well as updates about our products and promotional offers. You cannot opt-out of Administrative emails. “Administrative Emails” relate to a User’s activity on the website, and include emails regarding a particular User’s account, request or inquiries, and purchases of products and services. In contrast to Administrative Emails, however, you do have a choice with respect to Promotional Emails. Promotional Emails advertise our products and services including exclusive sales and other offers, and/or the products and services of our Advertisers and Affiliates. If you do not want to receive Promotional Emails from us, you may elect to opt-out of receiving Promotional Emails at any time after registering by e-mailing us at support@roadtoclose.com, or by hitting the “unsubscribe” button at the bottom of our emails. When contacting us, please indicate your name, email address, and what Promotional Emails you do not want to receive.
24. Security of Information
Road to Close takes security seriously and takes numerous precautions to protect the security of Personally Identifiable Information. You can access your Personally Identifiable Information on our website through a password and your email address. This password is encrypted. We recommend that you do not share your password with anyone. In addition, you Personally Identifiable Information resides on a secure server that only selected personnel and contractors have access to. We encrypt certain sensitive information using Secure Socket Layer (SSL) technology to ensure that your Personally Identifiable Information is safe as it is transmitted to us.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we employ commercially reasonable security measures to protect data and seek to partner with companies which do the same, we cannot guarantee the security of any information transmitted to or from the Website, and are not responsible for the actions of any third parties that may receive any such information.
25. Data Tracking
Cookies. To facilitate and customize your experience with the Website, we store cookies on your computer. A cookie is a small text file that is stored on a User’s computer for record-keeping purposes which contains information about the User. We use cookies to save you time while using the Website, remind us who you are, and track and target User interests in order to provide a customized experience. Cookies also allow us to collect Non-Personally Identifiable Information from you, like which pages you visited and what links you clicked on. Use of this information helps us create a more user-friendly experience for all visitors. In addition, we may use Third Party Advertising Companies to display advertisements on our Website. As part of their service, they may place separate cookies on your computer. We have no access to or control over these cookies. This Privacy Policy covers the use of cookies by our Website only and does not cover the use of cookies by any Advertiser. Most browsers automatically accept cookies, but you may be able to modify your browser settings to decline cookies. Please note that if you decline or delete these cookies, some parts of the Website may not work properly.
Other Tracking Devices. We may use other industry standard technologies like pixel tags and web beacons to track your use of our Website pages and promotions, or we may allow our Third Party Service Providers to use these devices on our behalf. Pixel tags and web beacons are tiny graphic images placed on certain pages on our Website, or in our emails that allow us to determine whether you have performed a specific action. When you access these pages or open or click an email, pixel tags and web beacons generate a Non-Personally Identifiable notice of that action. Pixel tags allow us to measure and improve our understanding of visitor traffic and behavior on our Website, as well as give us a way to measure our promotions and performance. We may also utilize pixel tags and web beacons to provide by our Affiliates and/or Marketing Partners for the same purposes.
26. Privacy Policies of Third Party Websites
This Privacy Policy only addresses the use and disclosure of information we collect from you. Other websites that may be accessible through this Website have their own privacy policies and data collection, use and disclosure practices. If you link to any such website, we urge you review the website’s Privacy Policy. We are not responsible for the policies or practices of third parties.
27. Miscellaneous Privacy Issues
Children. Minors under the age of 18 may not use the Website. We do not collect or maintain information from anyone known to be under the age of 18, and no part of the Website is designed to attract anyone under the age of 18. Road to Close does not sell products or services for purchase by children. If you are under 18, you may use Road to Close only with the involvement of a parent or guardian.
Public Areas. We may provide areas on our Website where you can publicly post information about yourself, can communicate with others, or can review products and submit media content. This information may be accessible by other consumers and companies and may appear on other websites or web searches, and therefore this information could be read, collected, and used by others. For example, if you post your email address along with a public restaurant review, you may receive unsolicited messages. Road to Close has no control over who reads your postings or what other users may do with the information you voluntarily post, so please use caution when posting any personal information.
REFUND POLICY
Road to Close will approve a refund of the purchase price paid by you for any TRANSACTION you are unhappy with within five (5) business days of purchase of the TRANSACTION. After approval of the refund, the refund will be issued within seven (7) business days. After five days from TRANSACTION purchase, refunds will not be approved.