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.
loanxchange.com 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 loanxchange.com 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. loanxchange.com 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.
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.
loanxchange.com is not a broker, lender or seller.
loanxchange.com 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
loanxchange.com.
loanxchange.com is not responsible and you agree that
loanxchange.com 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 loanxchange.com 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 loanxchange.com 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.
loanxchange.com 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.
loanxchange.com 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.
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.
loanxchange.com 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 loanxchange.com 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. loanxchange.com 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.
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