Privacy Policy / Terms of Use
Last Revised July 30, 2026
OUR PRIVACY POLICY CHANGES FROM TIME TO TIME. PLEASE CHECK BACK FOR UPDATES.
THESE TERMS OF USE CONTAIN A BINDING, MANDATORY ARBITRATION PROVISION AND A CLASS-ACTION WAIVER (SECTION 15). BY USING THIS SITE, YOU AGREE TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION AND WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION, EXCEPT AS PROVIDED BELOW. PLEASE REVIEW THE TERMS OF USE CAREFULLY.
CALIFORNIA CONSUMER PRIVACY RIGHTS (CCPA)
California law provides California residents the ability to request certain rights relating to their personal information. The two buttons below provide additional information on our privacy processes and ability to exercise certain requests.
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PRIVACY POLICY
This website (the “Site”) is not directed at persons under the age of 18. No information collected from children is knowingly used for any marketing or promotional purposes whatsoever, either inside or outside of this Site. By registering on this Site through the submission of the information requested, you agree that the following terms and conditions of this Privacy Policy shall govern your use of the Site and related services, and our use and disclosure of your personal information. When you register with this Site, you explicitly authorize us to share your information. If you do not agree with the terms and conditions of our Privacy Policy, please do not complete the information request form (i.e., do not register) or otherwise use or access this Site. If you have already registered by completing the information disclosure forms, and you wish to opt-out from receiving more information from us, please click on this link to “Opt-out.” Your e-mail address will be added to the suppression files associated with this Site within ten (10) business days of your request. Thereafter, you should not receive any email correspondence from us. However, you will still receive promotional communications from our third party partners with whom we have shared your information. To stop receiving further communications from these third parties you will need to contact them directly in order to opt-out. Please note when you opt-out of receiving promotional communications from us, we will no longer make your information available to our third party partners.
This Privacy Policy describes in some detail the information that we collect from you as part of the normal operation of our service, and what may happen to the information we collect.
Your privacy is very important to us
We understand that some of the information that you might provide on our Site is personal and private. By submitting your personal information, you are entrusting us to handle information that you regard as private, for the purposes and in the manner set forth in this Privacy Policy. In exchange for your trust, you expect us to handle your personal and private information in a professional manner that will be in keeping with your trust. Our Privacy Policy explains what information we obtain on this Site, and how we use the information disclosed to us to link you to our business affiliates who have expressed a willingness to provide you with the services associated with this Site.
Who We Are
We are an on-line consumer service that introduces persons such as yourself to certain of our business affiliates who have expressed a general willingness to review your information and determine if they are willing to provide you with the services that prompted you to visit our Site. When you visit our Site, you will be requested to complete provide certain information that our business affiliates request in order to perform a preliminary analysis of your qualifications to receive the services. Based upon your consent, as evidenced by your registering with us on this Site (i.e., your submission of the requested information on the application), we will forward the information that you provided to certain of our business affiliates.
In addition, from time to time, we or our business affiliates may provide you the additional service (the “Premium Service”) of sending you e-mail you or otherwise corresponding with you to inform you of additional opportunities to receive special offers for other services and/or products that we believe may be of interest. There are no fees for Premium Service, and you are under no obligation to accept any service or product with any of our business affiliates offered under the Premium Service.
Information We Collect
The information that we collect is generally limited to personal information about you that our business affiliates consider necessary for performing a preliminary evaluation of your qualifications. To the extent that you submit an inquiry to the Site, enter contests, express an opinion, or subscribe to a service(s), the type of personally identifiable information that may be collected may include: name; address; e-mail address; telephone number; fax number; credit card information; information about your interests in and use of various products, programs, and services; education level; educational interests; home owner status; income; debt level; current mortgage; mortgage rate and the like. To the extent that you are requested and you do submit information about other people, such information will be limited to the recipient's name, address, e-mail address, and telephone number.
We also collect user information that can help us optimize and enhance your experience on our Site; as well as provide you with an efficient, safe, smooth, and customized experience. For example, if you came to this Site from an online banner ad, pop-up or other advertisement, an anonymous identification number may be passed to our Site. In some cases, we may place a cookie in your browser. The aforementioned information cannot, by itself, be used to gather any personally identifiable information about you, but it will allow us to track the overall effectiveness of our online advertising campaigns. We also automatically track certain information with respect to your behavior on the Site through the forgoing cookie or identification number. This non personally identifiable information may include the Internet address or URL that you just came from and which URL you go to next; your computer browser information; and your IP address. We use this non personally identifiable information in conjunction with some of the information that you provided to us to do internal research on our users' demographics and behavior; and to better understand how to best serve other users of this Site. Third parties may also set cookies on our Sites to determine proper site usage and click count.
We also utilize Web Logs to track aggregate information about how our Site is being used. Web Logs track anonymous user information, including but not limited to the number of visitors to our Site, operating systems and browser type. Unlike cookies, Web Logs are maintained only on our servers and do not store or place anything on the user's computer.
We also utilize tracking pixels (also known as web beacons, 1×1 pixels, or clear GIFs), which are code requiring a call back to a server to render, and which deliver information to us about your IP address and information from your browser. Cookies and tracking pixels are used to track your interaction with the Site, including clicks. Cookies and tracking pixels may collect information about you, such as your IP address, your browser type and version, operating system, software and platform, your Internet service provider, general geographic location, the area code and zip code associated with your server, time zone setting, the date and time of your visit, the time spent on the Site, referring and exit domain names and websites, screen resolutions, color capabilities, browser plug-ins, language settings, and cookie preferences. We may additionally collect information using Web beacons, which are commonly referred to in the industry as web bugs, pixel tags or Clear GIFs. Web beacons are electronic images that may be used in Our emails to deliver cookies, count visits, and determine if an email has been opened and acted upon.
Third party tracking pixels: Please note that other third parties, including Meta, provide pixels which are placed on the Site. Such pixels similarly collect consumer activity and interactions on the Site, such as scrolling, pages viewed, and buttons clicked, devices used to access the Site, IP addresses, and timestamps. Such third parties may use such data collected via such pixels on our Site for their own advertising and marketing purposes. To the extent that you have a Facebook account, please note that Meta may link information collected through its pixel to your Facebook account and use such for its own personalized advertising purposes, in accordance with Facebook’s own privacy policy.
Other tracking technologies: To the extent that you enter information into Our web forms, including the web form located on this Site, please note that we utilize third party service providers, including Jornaya (LeadiD) and ActiveProspect, who record consumer activity and interaction on the Site, such as mouse movements, clicks, scrolling, keystrokes, the information you enter into form fields, the pages and content you view, your IP address, your browser and device details, and the date and time of your visit, in order to create an independent record (a “certificate”) of your consent and to help detect and prevent fraudulent or automated (bot) activity. Through your decision to enter information, you consent to the use of such tracking technologies.
How We Use Your Information
We collect the information that you submit and which our business affiliates consider necessary for performing a preliminary evaluation of your qualifications for their products and services. Prior to sending your information to our business affiliates, we attempt to validate it. For example, we may compare and review your personal information for errors, omissions, and accuracy based upon past usage and response; or compare your information against other publicly available files; or validate some of the personal information submitted to verify that the information inputted has a high probability of being valid information.
After we submit your information to our business affiliates, our business affiliates may begin a separate and independent evaluation of the information you submitted (the “Preliminary Application”). If our business affiliates find that the Preliminary Application meets with their more specific acceptance criterion, they may contact you directly by phone, mail or e-mail. For more information on how our business affiliates will handle your personal information, please visit our business affiliate's website, and review their privacy policy. We are not responsible for the privacy practices or the content of our business affiliates' Web sites.
Once you have registered with us, you are automatically enrolled to receive our Premium Service. We use the information you provided, along with other information described below, to create a general user profile. This profile can be created by combining your information with other sources of information such as information obtained from public databases, or from your browsing habits surrounding your visit to this Site.
We may use personal information to provide the services you've requested, including wireless services that display customized content and advertising. In addition to any fee of which you are notified, your provider's standard messaging rates apply to our confirmation and all subsequent SMS correspondence. You may opt-out and remove your SMS information by sending “STOP”, “END”, “QUIT” to the SMS text message you have received. If you remove your SMS information from our database it will no longer be used by us for secondary purposes, disclosed to third parties, or used by us or third parties to send promotional correspondence to you.
The Do Not Track browser settings
Advertisers may collect data about your online browsing activity and use it to show you targeted ads (a process known as “behavioral advertising”).
You can prevent companies from showing you targeted ads by submitting opt-outs to those service providers.
Opting-out will only prevent targeted ads so you may continue to see generic (non-targeted ads) from these companies after you opt-out.
WE MAY USE INFORMATION THAT WE HAVE COLLECTED FOR ANY LEGALLY PERMISSIBLE PURPOSE, INCLUDING SELLING OR TRANSFERING SUCH INFORMATION AT ANY TIME TO THIRD PARTIES FOR ANY LEGALLY PERMISSIBLE PURPOSE.
For example, we may share your personal information with select business affiliates so that they can contact you and offer you products and or services that we believe might be of interest to you. This may include e-mail advertising, telephone marketing, direct mail marketing, and online banner advertising to name a few. In addition, we may maintain separate e-mail, mailing or phone lists for different purposes based on the information that you submitted and that we maintain. For your information, our business affiliates have all agreed to operate in accordance with federal and state laws and regulations relating to the handling of your personal information. You may learn more about any of our business affiliate's privacy policy by visiting our business affiliates' Web sites at such times as such affiliate may contact you. We are not responsible for the privacy practices or the content of our business affiliates' Web sites. If you wish to end any e-mail correspondence from us, you will need to Opt-out from receiving further correspondence by advising us of your decision to Opt-out by clicking a link in the e-mail to our Opt-out procedures. Within ten (10) business days, your e-mail address will be placed on a suppression list and we will no longer correspond with you by email or resell or transfer your information to third parties. If you wish to end future correspondence with any of our business affiliates, you will need to follow the instructions at the end of any such each e-mail message from them to unsubscribe from such business affiliate's e-mail. You are able to opt-out when registering with us.
We may also disclose your personally identifiable information in response to a subpoena, court order, or other legal process; as well as the transfer or sale of personally identifiable information pursuant to the sale of our business or assets. Should such a combination or acquisition occur, we will require that the new combined or acquiring entity follow this privacy policy with respect to your personal information. If we transfer ownership of the Site to another company, we will notify you by email or by general notice on our Site. In addition to the forgoing, we may also sell, transfer or share non-individualized information, such as summary or aggregated anonymous information about all persons or sub-groups of persons visiting this Site.
We cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Policy. For example, third parties may unlawfully intercept personal data or access our servers and obtain personal data. Therefore, although we use industry standard practices to protect your privacy, we do not promise, nor you should not expect, that your personal information would always remain private.
Application of this Privacy Policy
This Privacy Policy applies to consumers that have signed up on the Site. We may sell the personal information that you supply to us and we may work with other third party businesses to bring selected retail opportunities to our members via direct mail, email and telemarketing. These businesses may include providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation and email marketing.
How We Protect Your Privacy
We protect your privacy in a number of ways. As an initial matter, any information transmitted to our servers via a secure server is encrypted using TLS technology. TLS is a security protocol transmits your communications over the Internet in an encrypted form. The protocol ensures that the information is sent, unchanged, only to the server you intended to send it to.
Once your information reaches our server, it is protected by a firewall. With a firewall in place, your information is virtually inaccessible to third parties. In addition to encryption and firewall protections, we have all of our business affiliates agree to operate in accordance with federal and state laws and regulations, including regulations relating to CAN-SPAM and rules promulgated by the FTC. If we learn that any of our business affiliates are breaching our agreement, and therefore your trust, we will take corrective actions immediately or terminate our relationship with such business affiliate.
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. If you have any questions about security on our Site, you can mail us at the address indicated below in the Contact Us section.
Changes; Opting-Out
If you want to change the information that you submitted, please do so by making another request through our Site. We will not be able to change information that is forwarded on to our business affiliates. Please contact the business affiliates directly to change any of your information.
If you want to request to be removed from further communication with this Site, including our Premium Services, please Opt-out by clicking on this link to our Opt-out procedure. We will place your e-mail address on a suppression file associated with this Site. Persons whose names appear on our suppression file, will have their e-mail addresses checked against all correspondence to be sent by us. Where there is a match, the planned email correspondence will be withheld, and such person will receive no further email correspondence from us. Your e-mail address will be placed on the suppression list associated with this Site within ten business (10) days of your request. Once you have opted out, we will no longer forward you email from this Site but we are not responsible or in control of the business practices of our business affiliates who have been forwarded your information.
Notification of Changes to Privacy Policy
We may update this Privacy Policy at any time by posting a new privacy policy on the Site. Be sure to check the current terms of any privacy policy in effect by visiting this Site. By checking the effective date of the policy, you will be immediately alerted on whether the Privacy Policy has been updated. Please note however, that the updated privacy policy will go into effect automatically 30 days after initial posting. Please note that if our information practices change at some time in the future, we will use only data collected from the time of the new privacy policy amendment forward for those new purposes. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.
Electronic Communications and Notices
We, along with our partners, may choose to deliver all information electronically regarding our services and your requests. This includes transmitting or conveying updates on actions taken related to your request, portions of your request that may be incomplete or require further explanation, and any legally required notices. Such notices may include Federal Truth-in-Lending disclosures, State disclosures, terms, conditions, additional documents, and privacy policies applicable to both us and our partners.
By engaging with us, you consent to receiving all current and future notices, disclosures, communications, and information electronically. This means we may contact you via the email address you provided or any other associated address received from our partners or other sources. You also confirm that you have the ability to access and retain copies of all notices and information made available electronically.
Contact Us
If you have any questions or suggestions regarding our privacy policy, please contact us at:
- ATTN: bewisefinancial.com
- 909 N. Pacific Coast Highway
- Suite 300
- El Segundo, CA 90245
- customercare@twcfeedback.com
Special Notification for California Residents
Individual customers who reside in California and have provided their personal information may request information regarding disclosures of this information to third parties for direct marketing purposes. Such requests must be submitted to us at the following mailing address:
- ATTN: bewisefinancial.com
- 909 N. Pacific Coast Highway
- Suite 300
- El Segundo, CA 90245
This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the address specified in this paragraph.
TERMS OF USE
Effective Date: July 30, 2026
PLEASE READ THESE TERMS OF USE CAREFULLY. These Terms of Use contain a binding, mandatory arbitration provision and a class-action waiver (Section 15). By using this Site, you agree to resolve disputes with us through individual, binding arbitration and you waive your right to participate in a class action or to have disputes decided by a judge or jury, except as expressly provided below.
These Terms of Use (“Terms”) govern your access to and use of this website and any related websites, subdomains, landing pages, and online services that link to or post these Terms (collectively, the “Site”) operated by the owner and operator of the Site (“we,” “us,” or “our”). These Terms are a legally binding agreement between you (“you” or “user”) and us. By accessing, browsing, registering on, or otherwise using the Site, or by submitting any information through the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy above, which is incorporated into these Terms by reference. If you do not agree to these Terms, do not access or use the Site and do not submit any information.
These Terms supplement, and are in addition to, our Privacy Policy set forth above. The Privacy Policy governs how we collect, use, and share your information; these Terms govern your use of the Site and your legal relationship with us. In the event of a direct conflict between these Terms and the Privacy Policy regarding your use of the Site, these Terms control, except with respect to the handling of your personal information, where the Privacy Policy controls.
1. Description of the Service
The Site is an online consumer service that introduces users to third-party business affiliates, lenders, marketers, service providers, and other partners (collectively, “Business Affiliates”) who have expressed a general willingness to review user-submitted information and to determine whether they will offer products or services to the user. We are not a lender, broker, insurer, financial advisor, or provider of the products or services that may be offered to you. We do not endorse, guarantee, or take responsibility for any product, service, offer, communication, or representation made by any Business Affiliate. Any transaction you enter into with a Business Affiliate is solely between you and that Business Affiliate.
We do not guarantee that you will be matched with any Business Affiliate, that any Business Affiliate will contact you, or that you will qualify for or receive any product, service, rate, or offer. The Site and its content are provided for general informational purposes and to facilitate introductions only.
2. Eligibility
The Site is intended solely for users who are at least eighteen (18) years of age and who are residents of the United States. The Site is not directed at, and we do not knowingly collect information from, persons under the age of 18. By using the Site or submitting information, you represent and warrant that you are at least 18 years old, that you have the legal capacity to enter into these Terms, and that your use of the Site does not violate any applicable law or regulation. If you do not meet these requirements, you must not use the Site.
3. Registration and Accuracy of Information
When you register or submit an information request through the Site, you agree to provide true, accurate, current, and complete information about yourself and, where applicable, about any third party whose information you are authorized to submit. You are solely responsible for the accuracy and completeness of the information you submit. You represent and warrant that you have all necessary rights, authorizations, and consents to submit any information you provide, including any information about third parties, and that your submission of such information does not violate the rights of any person or any applicable law.
4. Consent to Be Contacted
By submitting your information through the Site, you expressly consent and agree that we and our Business Affiliates may contact you at the telephone number(s), email address(es), and mailing address(es) you provide, or that are otherwise associated with you, using automatic telephone dialing systems, artificial or prerecorded voice messages, text (SMS/MMS) messages, email, and direct mail, for marketing and other purposes, even if your number is listed on any federal or state Do-Not-Call registry, and even if you incur charges for receiving such communications. You understand and agree that this consent is not a condition of purchasing any product or service. Message and data rates may apply. You may revoke consent or opt out of communications as described in these Terms and in our Privacy Policy; opt-out and unsubscribe procedures for our own communications are set forth in the Privacy Policy above, and you must contact Business Affiliates directly to opt out of their communications. You represent that the contact information you provide belongs to you and that you are authorized to consent to being contacted at it.
Consent Documentation and Certification Technology. Our web forms use third-party consent-documentation and certification technology to independently record, verify, and document your consent. Specifically, we use the Jornaya (LeadiD) consent-certificate service, operated by Lead Intelligence, Inc. d/b/a Jornaya, and the TrustedForm consent-certificate service, operated by ActiveProspect, Inc. (both services are now affiliated under ActiveProspect). These technologies embed code in our forms that records and documents your interactions with our forms and pages, which may include your mouse movements, clicks, scrolling, keystrokes, the information you enter into form fields, the pages and content you view, your IP address, your browser and device details, and the date and time of your visit, in order to create an independent record (a “certificate”) of your consent and to help detect and prevent fraudulent or automated (bot) activity. These consent records are created and stored by these service providers on our behalf. For more information, please review the ActiveProspect Privacy Policy at https://activeprospect.com/privacy-policy/, the TrustedForm Privacy Notice at https://activeprospect.com/trustedform-privacy-notice/, and the Jornaya (LeadiD) Consumer Privacy Notice at https://infutor.com/consumer-privacy-policy-jornaya/.
5. Information Sharing; Privacy Policy
You acknowledge and agree that, as described more fully in our Privacy Policy above, we may share, sell, transfer, or otherwise disclose the information you submit to Business Affiliates and other third parties for marketing and other legally permissible purposes. You are encouraged to review the Privacy Policy carefully before using the Site. Your use of the Site and submission of information constitutes your consent to the collection, use, and sharing of your information as described in the Privacy Policy.
6. License and Intellectual Property
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your own personal, non-commercial purposes. All content on the Site, including text, graphics, logos, images, page layouts, trademarks, service marks, trade names, software, and the selection and arrangement thereof (collectively, the “Content”), is owned by us, our licensors, or our Business Affiliates and is protected by United States and international intellectual property laws. All trademarks, service marks, trade names, and logos of our Business Affiliates that may appear on the Site are the property of their respective owners, and nothing in these Terms grants you any right or license to use them. Except as expressly permitted, you may not copy, reproduce, republish, upload, post, transmit, distribute, modify, create derivative works from, sell, or exploit any Content without our prior written consent. All rights not expressly granted are reserved.
7. Prohibited Uses
You agree that you will not, and will not permit any third party to, do any of the following:
- Use the Site for any unlawful, fraudulent, or unauthorized purpose, or in violation of any applicable law or regulation;
- Submit false, misleading, inaccurate, or stolen information, or information about another person without that person’s authorization;
- Impersonate any person or entity or misrepresent your affiliation with any person or entity;
- Use any robot, spider, scraper, data-mining tool, or other automated means to access, monitor, or copy the Site or its Content;
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, or violate any requirement, procedure, or policy of such servers or networks;
- Attempt to gain unauthorized access to the Site, other user accounts, or any computer system or network connected to the Site;
- Introduce any virus, malware, or other harmful code, or take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
- Reverse engineer, decompile, or disassemble any portion of the Site; or
- Use the Site to transmit any unsolicited or unauthorized advertising, promotional materials, or other form of solicitation.
We reserve the right, in our sole discretion, to investigate and take appropriate action against anyone who violates this Section, including removing content, suspending or terminating access, and reporting the user to law-enforcement authorities.
8. Third-Party Sites, Business Affiliates, and Advertisers
The Site may contain links to, or may transmit your information to, websites, products, services, and content operated or provided by Business Affiliates, advertisers, and other third parties that are not owned or controlled by us. We are not responsible for the content, products, services, privacy practices, or business practices of any third party. Your dealings with, or participation in any offers of, any Business Affiliate or other third party, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and that third party. You agree that we are not responsible or liable for any loss or damage of any kind incurred as a result of any such dealings or as a result of the presence of such third parties on or through the Site. You should review the terms and privacy policies of any third party before providing information to, or transacting with, that third party.
9. Electronic Communications and Notices
By using the Site and providing your information, you consent to receive communications from us and our partners electronically, including by email, text message, and notices posted on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You are responsible for maintaining a valid email address and for ensuring that you can access and retain electronic communications. Notice to us must be provided using the contact information in Section 21.
10. Disclaimer of Warranties
THE SITE, ITS CONTENT, AND ALL PRODUCTS, SERVICES, AND INTRODUCTIONS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION OBTAINED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE. WE MAKE NO WARRANTY REGARDING ANY PRODUCTS OR SERVICES OFFERED BY ANY BUSINESS AFFILIATE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE, ANY INTRODUCTIONS OR COMMUNICATIONS FACILITATED THROUGH THE SITE, OR ANY DEALINGS WITH ANY BUSINESS AFFILIATE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. Indemnification
You agree to indemnify, defend, and hold harmless us, our affiliates, and our respective officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Site; (b) any information you submit through the Site; (c) your violation of these Terms or any applicable law; (d) your violation of the rights of any third party, including any Business Affiliate; or (e) any dispute between you and any Business Affiliate or other third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
13. Suspension and Termination
We may, in our sole discretion and without notice or liability, suspend or terminate your access to all or part of the Site at any time and for any reason, including if we believe you have violated these Terms. Upon termination, the licenses granted to you under these Terms will immediately cease. All provisions of these Terms that by their nature should survive termination — including intellectual-property provisions, disclaimers, limitations of liability, indemnification, and the dispute-resolution and arbitration provisions — will survive.
14. Changes to These Terms and to the Site
We may modify these Terms at any time by posting the revised Terms on the Site and updating the “Last Revised” date above. Our Privacy Policy and these Terms change from time to time. Please check back for updates. Any changes are effective when posted, unless a later effective date is stated. Your continued access to or use of the Site after the revised Terms are posted constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Site. We may also modify, suspend, or discontinue any part of the Site at any time, with or without notice, and we will not be liable to you or any third party for doing so.
15. Binding Arbitration; Class-Action and Jury-Trial Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
15.1 Agreement to Arbitrate.
You and we agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, the Site, any communications you receive, any information you submit, your relationship with us, the interpretation or validity of this agreement, including the determination of the scope or applicability of this agreement to arbitrate (each, a “Dispute”) will be resolved exclusively through final and binding individual arbitration before JAMS, rather than in court, except as expressly provided in this Section. This agreement to arbitrate is governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) and evidences a transaction involving interstate commerce. This agreement to arbitrate is intended to be broadly interpreted.
15.2 Pre-Arbitration Notice and Informal Resolution.
Before initiating arbitration, the party asserting a Dispute must first send the other party a written Notice of Dispute describing the nature and basis of the claim and the relief sought. A Notice of Dispute to us must be sent to the address in Section 21. The parties will attempt in good faith to resolve the Dispute informally for at least thirty (30) days after the Notice of Dispute is received. If the Dispute is not resolved within that period, either party may commence arbitration.
15.3 Arbitration Rules and Forum.
The arbitration will be administered by JAMS under its Comprehensive Arbitration Rules and Procedures then in effect, as modified by these Terms, and the JAMS Consumer Arbitration Minimum Standards. The JAMS Comprehensive Arbitration Rules & Procedures are available at https://www.jamsadr.com/rules-comprehensive-arbitration. The arbitration will be conducted by a single, neutral arbitrator appointed by JAMS. The arbitrator will have exclusive authority to resolve the Dispute, including the arbitrator’s own jurisdiction, except as otherwise provided in Section 15.6. Unless the parties agree otherwise, the place of arbitration shall be at a JAMS location closest to the county of your residence or in another mutually agreed location; claims may also be resolved through written submissions or by telephone or video where JAMS permits. The arbitrator may award any relief that a court could award to an individual party under applicable law, and the arbitrator’s award may be entered as a judgment in any court of competent jurisdiction. The arbitrator’s award will consist of a written statement stating the disposition of each claim, including a concise written statement of the essential findings and conclusions on the award is based.
15.4 Arbitration Fees.
Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Comprehensive Arbitration Rules and Procedures and the JAMS Consumer Arbitration Minimum Standards, except that we will pay or reimburse those fees to the extent required by the JAMS Comprehensive Arbitration Rules and Procedures and the JAMS Consumer Arbitration Minimum Standards or applicable law, or where their imposition on you would render this agreement to arbitrate unenforceable. Each party will otherwise bear its own attorneys’ fees and costs, unless the arbitrator determines that a claim was frivolous or brought for an improper purpose, or unless a statute at issue authorizes a fee award.
15.5 Class-Action and Jury-Trial Waiver.
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF MORE THAN ONE PERSON AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. YOU AND WE ALSO WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO HAVE ANY DISPUTE DECIDED IN COURT, EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION.
15.6 Enforcement and Severability of This Section.
The question whether a Dispute is subject to arbitration is for the arbitrator to decide, except that a court of competent jurisdiction, and not an arbitrator, will decide any question regarding the enforceability, validity, or scope of the class-action and representative-action waiver in Section 15.5. If the class-action and representative-action waiver in Section 15.5 is found to be unenforceable as to a particular claim or request for relief, then that claim or request for relief (and only that claim or request for relief) will be severed and may be brought in a court of competent jurisdiction, but the remainder of this Section 15 will remain in effect and will be enforced in arbitration.
15.7 Exceptions to Arbitration.
Notwithstanding the foregoing, either party may (a) bring an individual claim in a small-claims court for Disputes within that court’s jurisdiction, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual-property or other proprietary rights.
15.8 Right to Opt Out of Arbitration.
You may opt out of this Section 15 (the agreement to arbitrate) by sending us written notice of your decision to opt out within thirty (30) days after you first accept these Terms. The notice must include your name, mailing address, and email address, and must clearly state that you wish to opt out of arbitration. Send the opt-out notice to the address in Section 21. If you opt out, neither you nor we will be required to arbitrate Disputes, and the remaining provisions of these Terms will continue to apply. Opting out of this arbitration provision has no effect on any other arbitration agreement you may have with us.
15.9 Survival.
This Section 15 will survive the termination of these Terms and your use of the Site.
16. Governing Law and Venue
Except to the extent governed by the Federal Arbitration Act, these Terms and any Dispute will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-laws principles. Subject to Section 15, you agree that any judicial proceeding permitted under these Terms will be brought exclusively in the state or federal courts located in Los Angeles County, California, and you consent to the personal jurisdiction of, and venue in, those courts.
17. General Provisions
These Terms, together with the Privacy Policy and any other policies posted on the Site, constitute the entire agreement between you and us regarding your use of the Site and supersede all prior or contemporaneous agreements and understandings. If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect. Our failure to enforce any provision of these Terms will not be deemed a waiver of that provision or of our right to enforce it later. You may not assign or transfer these Terms or any rights under them without our prior written consent, and any attempted assignment in violation of this provision is void; we may freely assign these Terms. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and us. The section headings in these Terms are for convenience only and have no legal effect.
18. E-Sign Consent
By entering the information requested in the prompts and/or fields on the Site and clicking “Submit” (or any similarly worded button) and submitting your request to Us, you confirm that you intend to sign and adopt such as Your electronic signature; and agree that We may provide you with electronic communications and disclosures (collectively, “Communications”) via email at the email address you provided; and that your electronic signature on agreements and documents has the same effect as if you signed them in writing. You have the right to withdraw consent: to withdraw your consent at no charge, you may email us at customercare@twcfeedback.com. Withdrawal of your consent may result in termination of Your access to the Site and/or the Services. Any withdrawal will be effective only after a reasonable period of time for us to process the withdrawal. You are responsible for providing us with true and accurate information, including Your contact information, and may update your information by emailing us. To access and retain the Communications, you will need the following: computer or mobile device with access/use of the internet or mobile connectivity and an operating system capable of receiving, accessing, and displaying Communications; a supported internet browser; sufficient storage space to save Communications and/or a printer to print them; and a valid email account and software to access such email account. You have the right to receive Communications in paper or in non-electronic form. Please contact us at customercare@twcfeedback.com, to request a paper copy of any Communications at no charge. A request will not be treated as a withdrawal of consent to receive electronic Communications.
19. Force Majeure
We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to, acts of God, natural disasters, epidemics or pandemics, war, terrorism, civil unrest, labor disputes, governmental action, power or telecommunications failures, or failures of the internet or of third-party service providers.
20. Notice to California Users
Under California Civil Code Section 1789.3, California users are entitled to the following consumer-rights notice: The Site is provided by the operator identified in Section 21. If you have a question or complaint regarding the Site, you may contact us using the information in Section 21. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. Additional privacy rights for California residents are described in our Privacy Policy above and via the CCPA links at the top of this document.
21. Contact Us
If you have any questions about these Terms, or if you wish to send a Notice of Dispute or an arbitration opt-out notice, please contact us at:
- ATTN: bewisefinancial.com
- 909 N. Pacific Coast Highway, Suite 300
- El Segundo, CA 90245
- Email: customercare@twcfeedback.com
BY ACCESSING OR USING THE SITE, OR BY SUBMITTING INFORMATION THROUGH THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS PRIVACY POLICY AND THESE TERMS OF USE, INCLUDING THE BINDING ARBITRATION PROVISION AND CLASS-ACTION WAIVER IN SECTION 15, AND YOU AGREE TO BE BOUND BY THEM.