Terms & Conditions
Effective: October 1, 2013
Welcome to [Insert Company Name].com. The whole of these Terms & Conditions of Use is an agreement between Company and You (hereinafter “You” and/or “Your”), as the user of this website (hereinafter “Site”) and Company’s services, and governs Your access to and use of this Site. Please be sure to read this Agreement in its entirety before using this Site.
Company is not a lender or mortgage loan provider. Nor is Company an agent, representative, or broker thereof (except as may otherwise be specifically provided for in Your state). Company is merely a conduit through which interested consumers can connect with a network of independent, licensed third party lenders (hereinafter “Participating Lender(s)”). Stated differently, Company facilitates connecting consumers interested in mortgage loans with Participating Lenders (hereinafter “Company’s services”). Company does not take mortgage loan applications or make credit decisions in connection with mortgage loans.
Participating Lenders may perform credit checks with reporting bureaus or obtain consumer reports through alternative providers. Participating Lenders may require You to pay a fee to cover the costs of any such credit check, consumer report or other inquiry. Participating lenders establish their own loan underwriting and approval standards. Accordingly, Company does not guarantee You will be connected with a Participating Lender, that You will receive a mortgage loan quote, or that You will be accepted into any particular mortgage loan agreement.
If You are connected with a Participating Lender, You understand Company is not a party to any agreement between You and the Participating Lender. The Participating Lender is solely responsible for its services to You. Company does not endorse, recommend, or guarantee the price, product, availability, rates, or fees of Participating Lenders. Participating Lenders may not offer all mortgage loan products, and mortgage loan products may not be available in all states.
Participating Lenders may only solicit applications from or offer mortgage loan products to residents of states where such Participating Lenders are licensed or otherwise authorized to do so. Participating Lenders are not soliciting applications from or offering mortgage loan products to residents of states beyond those in which they are licensed or otherwise authorized to do so through their participation in Company’s network. The states serviced by this Site may change from time to time, without notice. Company’s services and Participating Lenders’ offers are void where prohibited.
Company does not charge You a fee for any product or service. Any compensation Company may receive is paid for by Participating Lenders, and only for advertising and marketing services provided. You should not be directly charged by Participating Lenders for Company’s advertising and marketing services. Notwithstanding, Participating Lenders may incorporate the cost of Company’s advertising and marketing services into the terms and costs of Your mortgage loan product.
Participating Lenders may be legally required to make specific, timely disclosures to You in accordance with the Truth in Lending Act, the Real Estate Settlement Procedures Act, and other federal and state laws, rules and regulations. If a Participating Lender denies Your credit application and that decision is based, in whole or in part, on any information contained in Your credit check or consumer report, You have the right to obtain, within sixty (60) days, a free copy of Your credit report from the credit reporting agency that compiles and maintains such reports on a nationwide basis. You also have the right to dispute the accuracy and completeness of any information in Your credit report furnished by the credit reporting agency by contacting that agency directly.
Be sure You fully understand the terms and costs of Your mortgage loan product, as well as the consequences of not repaying Your mortgage loan according to its terms. Mortgage loan terms and costs will vary from lender to lender. Only Your lender or mortgage servicer can provide You information about Your specific mortgage loan terms and costs, and the implications of payment default. Please direct all such questions, comments, or concerns to Your lender or mortgage servicer.
You are authorized by Company to use this Site and display its content, but only for Your personal, non-commercial use as provided elsewhere herein and only as permitted by law. All other uses are strictly prohibited. Such prohibited uses include, without limitation, the reproduction, duplication, copy, sale, resale, or other exploitation of any material, use, or access to this Site, for any commercial purpose.
The content, arrangement, organization, and design of this Site are protected under the copyright, trademark, and related intellectual proprietary right laws of the United States. You do not acquire any ownership in or to any such content, arrangement, organization, or design by or through Your access to this Site or use of Company’s services. Any reproduction, duplication, copy, sale, resale, or other exploitation of the content, arrangement, organization, and design of this Site is strictly prohibited.
Disclaimer of Warranties
THIS SITE AND COMPANY’S SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ARE ACCESSED AND USED AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THE LAW, COMPANY MAKES NO WARRANTIES (INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT), REPRESENTATIONS, OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, VERBAL OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY DOES NOT WARRANT, REPRESENT, OR GUARANTEE THAT COMPANY’S SERVICES WILL MEET YOUR REQUIREMENTS; THAT COMPANY’S SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR, THAT ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF COMPANY’S SERVICES OR RELATED SOFTWARE WILL BE CORRECTED. COMPANY DOES NOT WARRANT, REPRESENT, OR GUARANTEE THAT ANY THIRD PARTY’S SECURITY METHODS AND PRIVACY PROTECTION PROCEDURES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; AND ACCEPTS NO RESULTING LIABILITY WHATSOEVER THEREFOR. COMPANY HAS NOT REVIEWED ANY THIRD PARTY SITES THAT MAY BE LINKED TO THIS SITE. YOUR ACCESS TO AND USE OF SUCH THIRD PARTY SITES AND ANY THIRD PARTY PRODUCTS OR SERVICES IS DONE AT YOUR OWN RISK.
Limitation of Liability
IN NO EVENT SHALL COMPANY BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THIS SITE, OR YOUR USE OF COMPANY’S SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF COMPANY FOR ANY CLAIM ARISING OUT OF YOUR ACCESS TO OR USE OF THIS SITE, OR YOUR USE OF COMPANY’S SERVICES—WHETHER IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY, OR OTHERWISE—IS LIMITED TO THE AMOUNT PAID BY YOU—IF ANY—FOR YOUR ACCESS TO OR USE OF THIS SITE, OR YOUR USE OF COMPANY’S SERVICES.
Third Party Websites
This Site may contain links to third party websites. The inclusion of links to third party websites are not an endorsement of or recommendation for such third party websites or anything contained therein. Such links to third party websites are provided for reference and convenience only. Because Company does not have control over third party websites or anything contained therein, You agree Company is not responsible or liable for Your access to or use of such third party websites. Any access to or use of such third party websites is done at Your own risk.
Disputes; Choice of Law; Venue
Any dispute arising out of Your access to or use of this Site, or Your use of Company’s services, shall be governed by the laws of the State of California without giving effect to any choice of law or conflict of law rules or provisions. Should a dispute arise out of Your access to or use of this Site, or Your use of Company’s services, Company expressly reserves the option to require You to first submit the dispute for binding resolution before a single arbitrator under the then current rules of the American Arbitration Association in a location convenient to You. You agree that You shall have thirty (30) days from the date that You provide Your information to opt-out of this arbitration agreement. The arbitrator shall not have the authority to award any damages which exceed the compensatory damages’ actual amount, or the authority to multiply any of the actual damages claimed. Furthermore, the arbitrator shall be prohibited from awarding any incidental, consequential, special, exemplary, or punitive damages; and You waive the right to any claim involving these prohibited damages. Any award rendered shall be final and conclusive, and a judgment thereon may be entered in any court of competent jurisdiction. Company may, in its sole discretion, elect to file an action in any court of competent jurisdiction in Los Angeles County, California, in lieu of and despite the alternative dispute resolution provision contained herein. If the alternative dispute resolution provision contained herein is unenforceable or does not apply for any reason, or in the event of any lawsuit that arises between You and Company, any legal claim arising out of Your access to or use of this Site, or Your use of Company’s services, must be brought in the federal or state courts located in Los Angeles County, California. Notwithstanding any applicable statute or law to the contrary, You agree that any claim arising out of Your access to or use of this Site, or Your use of Company’s services, must be brought within one (1) year after the cause of action arises, otherwise such claim or cause of action is forever barred.
Neither the products, services, nor underlying software of this Site may be downloaded or otherwise exported: (a) into (or to a national resident of) Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or, (b) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders (each, a “Restricted List”). By using Company’s services, You warrant that You are not located in, under the control of, or a national resident of, any such country or on any Restricted List.
You agree to indemnify and hold Company, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all liability, loss, damages, expenses (including reasonable attorneys’ fees), claims, actions, suits, and proceedings arising out of or related to: (a) Your use of this Site or Company’s services; (b) Your breach of these Terms & Conditions of Use; and/or (c) any dispute between You and any third party. The provisions of this paragraph are for the benefit of Company, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners. Each of these individuals or entities shall have the right to assert and enforce this provision directly against You on its own behalf.
These Terms & Conditions of Use set forth the entire understanding and agreement between You and Company with respect to the subject matter hereof, and supersedes any and all prior or contemporaneous agreements. Company’s failure to enforce any provision of these Terms & Conditions of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Company reserves the right to modify these Terms & Conditions of Use or any additional terms that apply to this Site or Company’s services. Company will post notice of any such modifications in a clear and conspicuous manner to these Terms & Conditions of Use and anywhere else Company may deem appropriate. Any such modifications shall take effect immediately. If You do not agree to any such modifications, do not use this Site or Company’s services.
The failure of Company to enforce any provision in these Terms & Conditions of Use, or to exercise any right outlined herein, shall in no way be deemed as a waiver of this right or the ability to enforce any of the terms and conditions contained herein. If any provision contained in these Terms & Conditions of Use is determined to be invalid, illegal, or unenforceable in any respect under any applicable law, then such provision shall be severed and the remaining provisions of these Terms & Conditions of Use shall remain in full force and effect.
The headings for sections contained herein are for convenience only and shall not affect the meaning of the provisions of these Terms & Conditions of Use.