FREEandCLEAR Terms of Use

FREEandCLEAR Privacy Policy

FREEandCLEAR is a mortgage information web site. We provide content and interactive tools to help people understand and manage the mortgage process. FREEandCLEAR provides you with access to a variety of offerings, including the website. Access to and use of FREEandCLEAR offerings is governed by these Terms of Use. You are allowed to use our offerings only if you can form a binding contract with us, and only in compliance with our Terms of Use and all applicable laws. The following terms and conditions apply to everyone who uses FREEandCLEAR's offerings, and they govern the relationship between FREEandCLEAR and our users during their use of our offerings. Please read these Terms carefully before using FREEandCLEAR. By accessing and using our offerings, you explicitly agree to comply with and be bound by our Terms of Use.

The FREEandCLEAR Offering

Our offering includes providing comprehensive content and interactive tools to help people understand and manage the mortgage process. Our offerings s may sometimes be located on third-party web sites or applications, either as links from an add-on service to, or otherwise in connection with, web sites or applications that those third parties control. By using our product offerings you agree to our Terms and Conditions. 

FREEandCLEAR provides a product offering and services that are designed help people understand and manage the mortgage process. Under no circumstance is FREEandCLEAR responsible for the decisions users make using the FREEandCLEAR web site, product offerings and services. The user is solely responsible for any decisions, related to the mortgage process or otherwise, the user makes even if such decisions are based on, or informed by, the FREEandCLEAR web site, product offerings or services. FREEandCLEAR is an informational resource; however, users make their own mortgage and mortgage-related decisions based on their own judgments, circumstances and choices. FREEandCLEAR holds no responsibility or liability for any mortgage and mortgage-related decisions, both good or bad, made by users of our web site, product offerings and services. Nothing contained in our offering is an offer or promise to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. The information we collect from users of our Services from our users is detailed in our Privacy Policy. 

By using our offerings, you agree to use FREEandCLEAR in good faith, and that you mean to use our offerings only for their intended purposes as mortgage information tools and for no other reasons. While FREEandCLEAR works to protect the security of your information, we cannot guarantee that unauthorized third parties will not be able to circumvent our security measures. Please notify us immediately of any compromise or unauthorized use of your account.

By using certain of our product offerings, you agree that FREEandCLEAR may create a user account for you on our services. You can learn about our policies for data collected via user accounts in our Privacy Policy. By using our product offerings and providing us with your email address, you agree that we can send you emails about our services. You can unsubscribe from these emails through the instructions in any of these emails.

Data Privacy

Our Privacy Policy and governs our collection, use, and disclosure of your personal information, and is incorporated into this Terms of Use. Please read it carefully. It describes what information we collect from you and when, who we share your information with and when. This is important information. By using our offerings, you consent to our Privacy Policy.

Our Rules About Your Content

You are solely responsible for any messages or other content or materials (collectively "User Content") that you post or submit through FREEandCLEAR’s offerings. We will not publish any material that is inappropriate or wrong but please be mindful of the content you submit through our offerings. At all times, you promise to adhere to the FREEandCLEAR Content Guidelines, which are incorporated into these Terms of Use. FREEandCLEAR reserves the right (but assume no obligation) to remove or modify User Content for any reason, at our sole discretion, including User Content that we believe violates our Terms of Use. 

You agree not to post, submit, or link to any User Content or material that infringes, misappropriates, or violates the rights of any third party (including intellectual property rights), or that is in violation of any federal, state, or local law, rule, or regulation, including Fair Housing Laws. You also agree not to post, submit, or link to any User Content that is defamatory, obscene, pornographic, indecent, harassing, threatening, abusive, inflammatory, or fraudulent, purposely false or misleading, or otherwise harmful. You agree not to submit copyrighted material without permission from the owner of the copyright. You also agree not to disclose confidential or sensitive information. This includes but is not limited to information about individuals that would potentially be viewed as an invasion of privacy. 

When you provide user content via our offerings, you grant FREEandCLEAR a royalty-free, perpetual, irrevocable, and fully sublicensable license to publish, reproduce, distribute, display, adapt, modify and otherwise use your user content in connection with our offerings. We will not pay you or otherwise compensate you for content you provide to us. We will remove all personally identifiable information submitted by users through our offerings. You understand and agree that any user content that you post or submit to FREEandCLEAR may be redistributed through the Internet and other media channels, and may be viewed by the general public. We will remove all personally identifiable information submitted by users through our offerings. We reserve the right in our sole discretion to edit or remove information or materials provided by you.

Intellectual Property and Licenses

FREEandCLEAR grants you a limited license to our product offerings. Subject to these Terms of Use and any other policies we create, we grant you a limited, non-sublicensable right to access this site, use our product offerings and services, and print our materials for your personal, non-commercial, and informational use only. This license does not allow you to copy or sell our product offerings, services or materials; scrape or mine our site, product offerings, services, or materials; or frame any part of our site, product offerings or services. We reserve the right, without notice and in our sole discretion, to terminate your license to use the site, our product offerings or services, and to block or prevent future access to and use of the site, our product offerings or services.
Except for the limited license granted to you, you are not conveyed any other right or license in any way. Any unauthorized use of our site, product offering or services, and any use that exceeds the license granted to you, will terminate the permission or license granted by these Terms of Use. 

All materials used on the FREEandCLEAR web site, including our branding, trade dress, trade names, logos, design, text, search results, graphics, images, pictures, page headers, custom graphics, icons, scripts, sound files, video files and other files, and the selection and arrangement and compilation of information thereof (collectively "Materials"), are proprietary property of FREEandCLEAR, its suppliers, its licensors, or its users, and are protected by U.S. and international intellectual property laws, including copyright and trademark laws. Our Materials cannot be copied, imitated, or used, in whole or in part, without our prior written permission. You may not use any "hidden text" utilizing "FREEandCLEAR" or any other name, trademark, or product name of FREEandCLEAR without our permission. 

All other trademarks, registered trademarks, product names, and logos appearing on our site are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us. Any use of the source images, logos or content is subject to the copyright owner's permission and/or the requirements of applicable law.

Digital Millennium Copyright Act Compliance

In accordance with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512), FREEandCLEAR has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. If you believe that your work has been copied and has been posted to the FREEandCLEAR web site in a way that constitutes copyright infringement, please contact us using the FEEDBACK feature on our web site.

Third-Party Links, Sites, and Services

Our site and product offering may contain links to third-party web sites, advertisements, services, special offers, or other events, activities, or content (collectively “Third-Party Materials”). Some of these Third-Party Materials are not under the control of FREEandCLEAR. We are providing these links to you only as a convenience for informational purposes, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. FREEandCLEAR is not responsible or liable for your use of or access to any Third-Party Materials. Whenever you leave the FREEandCLEAR web site, be aware that your activity outside our web site will not be governed by our Terms of Use or other agreements.

No Warranties

Our web site, the materials, product offerings and the services are provided on an "as is" basis without warranties of any kind, either express or implied. All use of FREEandCLEAR's site, materials, and services is at your sole risk. We specifically disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, non-Infringement, and any warranties arising out of course of dealing or usage of trade. FREEandCLEAR takes no responsibility and assumes no liability for any user content or other content, including links to web pages, that you or any other user or third party posts or transmits using our web site or offerings. FREEandCLEAR is not responsible in any way for, does not monitor, and does not endorse or guarantee anything about any third-party content (including advertisements, offers, and promotions) that may appear in our site or product offerings.


You agree to defend, indemnify, and hold FREEandCLEAR harmless from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any user content you post, store, or otherwise transmit on or through our web site or product offerings or your use of our web site and product offerings, including, without limitation, any actual or threatened suit, demand, or claim made against FREEandCLEAR arising out of or relating to the user content, your conduct, your violation of these Terms of Use, or your violation of the rights of any third party.

Limitation Of Liability

In no event shall FREEandCLEAR, its owners, principals, agents, affiliates, employees, advertisers, or data providers be liable for any indirect, special, incidental, consequential or punitive damages (including but not limited to loss of use, loss of profits, or loss of data) whether in an action in contract, tort (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of our site, materials, product offerings or services. Some jurisdictions do not allow the exclusion or limitation of liability, so the above limitations may not apply to you.

General Terms

Modification of FREEandCLEAR Services

FREEandCLEAR reserves the right to modify or discontinue (completely or in part) our site, product offering, services, or any content appearing therein. FREEandCLEAR will not be liable to you or any third party if we exercise this right.

Modification of These Terms

We reserve the right to change or modify these Terms of Use, or any policy or guideline of our web site, product offerings or services, at any time and in our sole discretion. Any changes or modification will be effective immediately upon posting of the revisions to our web site, product offerings or services. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of our web site, product offerings or services following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Please review these terms and conditions periodically, and check the version date for changes.

Choice of Law

These Terms of Use are governed by the laws of the State of California without regard to its conflict of law provisions.

No Waiver

FREEandCLEAR's failure to exercise or enforce any right or provision of the Terms of Use will not be deemed to be a waiver of such right or provision.

No Third-Party Beneficiaries or Rights

These Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation that the Site or Services will not contain any content that is prohibited by these Terms of Use.

Entire Agreement & Severability

These Terms, together with the Privacy Policy and any amendments and additional agreements you might enter with FREEandCLEAR in connection with our web site, product offerings or services shall constitute the entire agreement between you and FREEandCLEAR concerning our web site, product offerings or services, and shall supersede any prior terms you had with FREEandCLEAR regarding our web site, product offerings or services. If any provision of these Terms of Use is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the other provisions of these Terms of Use remain in full force and effect.

Limitation of Claims

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of our web site, product offerings or services must be filed within one year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.


Any controversy or claim arising out of or relating to these Terms of Use or the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA"). Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in San Diego, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either FREEandCLEAR or you may seek any interim or preliminary relief from a court of competent jurisdiction in San Diego, California, as necessary to protect the rights or property of you or FREEandCLEAR.