AGREEMENT BETWEEN
USER AND LoanXchange.com
The LoanXchange.com Web Site is comprised of various Web pages operated by
LoanXchange.com.
The LoanXchange.com Web Site is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein.
Your use of the LoanXchange.com Web Site constitutes your agreement to all
such terms, conditions, and notices.
By submitting your request with
LoanXchange.com, you grant permission for up to 4 of our Premier Partners
to contact you by phone even if you are on the Do Not Call Registry.
The Website acts solely as an online
marketplace for you to find and transact with other users, Members,
consumers or sellers (the "Users") business transactions related to the
products or services displayed on the Service or otherwise associated
with the Service. LoanXchangecom is owned and operated by BillCut.com.
LoanXchangecom is not a broker, lender or seller. LoanXchangecom is not
a party to any agreement you may make with a lender or broker with
regard to any loan product or other product or service. Any information
you provide to a lender or broker in connection with your application
remains with that lender or broker and is not transferred from such
lender or broker to LoanXchangecom.
LoanXchangecom is not responsible and you agree that LoanXchangecom will
bear no liability for any products, services, information or other
materials displayed, purchased, or obtained by you from the Website.
Nothing on the Website contains an offer, promise or otherwise from
LoanXchangecom to make a specific loan or that any participating lender
or broker will make any loan for any purpose or on any specific terms.
You acknowledge that LoanXchangecom is not a lender, broker or financial
intermediary and that your ability to secure any loan or consummate any
transaction with any other user of this Website or the Service is solely
a matter to be resolved between you and such other user.
LoanXchangecom does not endorse, warrant or guarantee the products or
services of any user of the Website or the Service. Nothing on the
Website constitutes an advertisement for credit as defined by Paragraph
226.24 of Regulation Z issued by the Board of Govenors of the FDIC
pursuant to authority contained in the Federal Truth In Lending Act, as
amended.
LoanXchangecom is not liable for any delays, inaccuracies, errors or
omissions with respect to the information posted on the Website or
submitted to the Website or the transmission or delivery of all or any
part thereof, for any damage arising therefrom or occasioned thereby, or
for the results obtained from the use of the information. You assume the
entire risk as to the accuracy, adequacy, completeness, currency,
validity and quality of any information. Any information on the Website
is subject to change without notice.
4Homes is engaged in the business of
providing content for mortgage shoppers and is not acting as a mortgage
broker or mortgage lender. The information provided by you to 4Homes and
its partners is not an application for a mortgage loan, nor is it used
to pre-qualify you with any lender. If you are contacted by a lender or
broker advertising within our or our partner network, your quoted rate
may be higher, depending on your property location, credit score,
loan-to-value ratio, debt-to-income ratio, and other factors. 4Homes
does not guarantee that the rates or terms offered and made available by
participating Providers are the lowest rates available in the market or
the best terms available, and not all Providers in our network offer the
interest-only products that are advertised here. The interest-only
products are not available in all states or to all consumers. Completing
a form does not obligate you to purchase a service or product from the
Providers, nor does it obligate a Provider to offer to you any
particular service or good about which you may have inquired.
Additionally, the content on our website
(the "Content") is supplied in good faith using references and sources
deemed reliable; however it is published strictly on an "as-is" basis.
The operator of this website and the author hereby disclaims any and all
express or implied warranties to the maximum extent permitted by law.
The Content is provided for informational purposes only and is not to be
construed as financial or legal advice. Everyone's financial
circumstances are unique. You are urged to consult multiple
informational sources and a professional advisor before making any
decisions affecting your personal finances.
LoanXchange.com shall not be responsible or
liable for any products or services obtained by or through any other
party. The materials displayed on this site relating to services
provided by any other party are advertisements and do not constitute an
offer or promise to make a loan or provide any other service by
LoanXchange.com There is no endorsement by LoanXchange.com of any other
party or the products and services made available by or through any
other web site.
MODIFICATION OF THESE TERMS OF USE
LoanXchange.com reserves the right to change the terms, conditions, and
notices under which the LoanXchange.com Web Site is offered, including but
not limited to the charges associated with the use of the LoanXchange.com Web
Site.
LINKS TO THIRD PARTY SITES
The LoanXchange.com Web Site may contain links to other Web Sites ("Linked
Sites"). The Linked Sites are not under the control of LoanXchange.com and
LoanXchange.com is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. LoanXchange.com is not responsible for
webcasting or any other form of transmission received from any Linked Site.
LoanXchange.com is providing these links to you only as a convenience, and
the inclusion of any link does not imply endorsement by LoanXchange.com of
the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the LoanXchange.com Web Site, you warrant to
LoanXchange.com that you will not use the LoanXchange.com Web Site for any
purpose that is unlawful or prohibited by these terms, conditions, and
notices. You may not use the LoanXchange.com Web Site in any manner which
could damage, disable, overburden, or impair the LoanXchange.com Web Site or
interfere with any other party's use and enjoyment of the LoanXchange.com Web
Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through
the LoanXchange.com Web Sites.
USE OF COMMUNICATION SERVICES
The LoanXchange.com Web Site may contain bulletin board services, chat areas,
news groups, forums, communities, personal web pages, calendars, and/or
other message or communication facilities designed to enable you to
communicate with the public at large or with a group (collectively,
"Communication Services"), you agree to use the Communication Services only
to post, send and receive messages and material that are proper and related
to the particular Communication Service. By way of example, and not as a
limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten
or otherwise violate the legal rights (such as rights of privacy and
publicity) of others.
- Publish, post, upload, distribute or
disseminate any inappropriate, profane, defamatory, infringing, obscene,
indecent or unlawful topic, name, material or information.
- Upload files that contain software or
other material protected by intellectual property laws (or by rights of
privacy of publicity) unless you own or control the rights thereto or
have received all necessary consents.
- Upload files that contain viruses,
corrupted files, or any other similar software or programs that may
damage the operation of another's computer.
- Advertise or offer to sell or buy any
goods or services for any business purpose, unless such Communication
Service specifically allows such messages.
- Conduct or forward surveys, contests,
pyramid schemes or chain letters.
- Download any file posted by another user
of a Communication Service that you know, or reasonably should know,
cannot be legally distributed in such manner.
- Falsify or delete any author
attributions, legal or other proper notices or proprietary designations
or labels of the origin or source of software or other material
contained in a file that is uploaded.
- Restrict or inhibit any other user from
using and enjoying the Communication Services.
- Violate any code of conduct or other
guidelines which may be applicable for any particular Communication
Service.
- Harvest or otherwise collect information
about others, including e-mail addresses, without their consent.
- Violate any applicable laws or
regulations.
LoanXchange.com has no obligation to monitor the
Communication Services. However, LoanXchange.com reserves the right to review
materials posted to a Communication Service and to remove any materials in
its sole discretion. LoanXchange.com reserves the right to terminate your
access to any or all of the Communication Services at any time without
notice for any reason whatsoever.
LoanXchange.com reserves the right at all times to disclose any information
as necessary to satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in LoanXchange.com's sole
discretion.
Always use caution when giving out any personally identifying information
about yourself or your children in any Communication Service. LoanXchange.com
does not control or endorse the content, messages or information found in
any Communication Service and, therefore, LoanXchange.com specifically
disclaims any liability with regard to the Communication Services and any
actions resulting from your participation in any Communication Service.
Managers and hosts are not authorized LoanXchange.com spokespersons, and
their views do not necessarily reflect those of LoanXchange.com.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are
responsible for adhering to such limitations if you download the
materials.
MATERIALS PROVIDED TO LoanXchange.com OR POSTED AT ANY
LoanXchange.com WEB SITE
LoanXchange.com does not claim ownership of the materials you provide to
LoanXchange.com (including feedback and suggestions) or post, upload, input
or submit to any LoanXchange.com Web Site or its associated services
(collectively "Submissions"). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting LoanXchange.com, its
affiliated companies and necessary sublicensees permission to use your
Submission in connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat
your Submission; and to publish your name in connection with your
Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. LoanXchange.com is under no obligation to post or use any
Submission you may provide and may remove any Submission at any time in
LoanXchange.com's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission
you warrant and represent that you own or otherwise control all of the
rights to your Submission as described in this section including, without
limitation, all the rights necessary for you to provide, post, upload, input
or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE LoanXchange.com WEB SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. LoanXchange.com AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE LoanXchange.com WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE
LoanXchange.com WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL,
LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
LoanXchange.com AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON
THE LoanXchange.com WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY
KIND. LoanXchange.com AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
LoanXchange.com AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR
PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE
OF THE LoanXchange.com WEB SITE, WITH THE DELAY OR INABILITY TO USE THE
LoanXchange.com WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE LoanXchange.com WEB SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE LoanXchange.com WEB SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
LoanXchange.com OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF
THE LoanXchange.com WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE LoanXchange.com WEB SITE.
SERVICE CONTACT : info@LoanXchange.com
TERMINATION/ACCESS RESTRICTION
LoanXchange.com reserves the right, in its sole discretion, to terminate your
access to the LoanXchange.com Web Site and the related services or any
portion thereof at any time, without notice. GENERAL To the maximum extent
permitted by law, this agreement is governed by the laws of the State of
Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and
venue of courts in King County, Washington, U.S.A. in all disputes arising
out of or relating to the use of the LoanXchange.com Web Site. Use of the
LoanXchange.com Web Site is unauthorized in any jurisdiction that does not
give effect to all provisions of these terms and conditions, including
without limitation this paragraph. You agree that no joint venture,
partnership, employment, or agency relationship exists between you and
LoanXchange.com as a result of this agreement or use of the LoanXchange.com
Web Site. LoanXchange.com's performance of this agreement is subject to
existing laws and legal process, and nothing contained in this agreement is
in derogation of LoanXchange.com's right to comply with governmental, court
and law enforcement requests or requirements relating to your use of the
LoanXchange.com Web Site or information provided to or gathered by
LoanXchange.com with respect to such use. If any part of this agreement is
determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of
the agreement shall continue in effect. Unless otherwise specified herein,
this agreement constitutes the entire agreement between the user and
LoanXchange.com with respect to the LoanXchange.com Web Site and it supersedes
all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and LoanXchange.com with
respect to the LoanXchange.com Web Site. A printed version of this agreement
and of any notice given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to this agreement to
the same extent an d subject to the same conditions as other business
documents and records originally generated and maintained in printed form.
It is the express wish to the parties that this agreement and all related
documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the LoanXchange.com Web Site are: Copyright 2007 by
LoanXchange.com and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
The example companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company, organization,
product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement under United States copyright law should
be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT
TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and
Procedure for Making Claims of Copyright Infringement.