LenderHomePage.com is the #1 mortgage website design company on the web and our mission is to build the best websites for mortgage originators. This Agreement sets forth the terms and conditions that apply to your access and use of the internet web sites owned and operated by LenderHomePage.com and its affiliates, including, but not limited, to the web site located at: www.lenderhomepage.com ("LenderHomePage.com")
Capacity and Authority to Bind
You represent that you have the capacity to be bound by this Agreement, or if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity.
Your Access and Postings
You shall not transmit, submit or post the following to LenderHomePage.com:
- information that infringes LenderHomePage.com's or any third party's copyright, patent, trademark, trade secret or other proprietary rights;
- federally trademarked and/or copyrighted information without written permission from LenderHomePage.com.
- information that violates any law, statute, ordinance or regulation;
- information that contains any viruses or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- information containing or constituting chain letters, mass mailings, political campaigning, or any form of "spam";
- information that is false, inaccurate or misleading;
- commercial advertisements or solicitations without written permission from LenderHomePage.com;
The design, text and images of this web site are owned or licensed by LenderHomePage.com. LenderHomePage.com grants you a limited license to access, print, e-mail, download or otherwise make personal use its content, for your noncommercial use. In using this limited license, you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the content. You may not modify LenderHomePage.com's content or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble the content or transfer the content to another person or entity. You may not use any META tags or any other "hidden text" utilizing LenderHomePage.com's name or trademarks without the express written permission of LenderHomePage.com.
Interruptions and Incompatibility
Circumstances beyond LenderHomePage.com's control, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of LenderHomePage.com or other actions that LenderHomePage.com, at its sole discretion, may elect to take, occasionally make the site unavailable. Data transmissions may be interrupted and LenderHomePage.com may offer links to other sites whose content LenderHomePage.com is unable to monitor. As a result, your access and use of LenderHomePage.com may be interrupted from time to time. LenderHomePage.com reserves the right to suspend or discontinue the availability of LenderHomePage.com and/or any portion or feature of LenderHomePage.com at any time in its sole discretion and without prior notice.
The LenderHomePage.com site may sometimes be inaccessible or may not function properly with your web browser and operating system. LenderHomePage.com cannot be held liable for any damages that may arise from the content, operation, or use of this website. In addition, you are responsible for obtaining and maintaining all access services and equipment or services needed to access and use LenderHomePage.com, and all costs and fees associated with same.
Links to External Sites
LenderHomePage.com may provide links on the site to other websites on the Internet that are operated by third party vendors and other third parties not under the control of LenderHomePage.com. These links are provided for expedience and reference only; they are not intended as an endorsement by LenderHomePage.com of the organization or individual operating the website or a warranty of any type concerning the website or the information on the website. By using this site, you concede that LenderHomePage.com is not accountable for the availability of, services or products offered by, or the content on or throughout such external site. LenderHomePage.com does not guarantee that the loan terms or rates offered by any particular advertiser, business partner, affiliate or other third party on LenderHomePage.com the best terms or lowest rates available in the market.
You consent to receive communications from LenderHomePage.com electronically. Although LenderHomePage.com may choose to communicate with you by regular mail, LenderHomePage.com may also choose to communicate with you by e-mail or by posting notices on the web site(s). You agree that all agreements, notices, even legal notices, disclosures and other communications that LenderHomePage.com provides to you electronically satisfy any legal requirement that such communications be in writing.
LenderHomePage.com's Intellectual Property Rights
This site is owned and operated by LenderHomePage.com. Unless otherwise specified, all materials appearing on this site, including site the name "LenderHomePage.com", "lenderhomepage.com", design, text, graphics, logos, images, icons, interfaces, and the selection, assembly and arrangements thereof are the sole property of LenderHomePage.com. Any use of materials on this site, including but not limited to, reproduction for purposes other than those permitted in this Agreement, modification, transmission, display, distribution or republication, without prior written permission of LenderHomePage.com, is strictly prohibited.
LenderHomePage.com makes no proprietary claim to any third-party names, trademarks or service marks appearing on LenderHomePage.com. Any third-party names, trademarks, and service marks are property of their respective owners. You shall be solely responsible for any damage resulting from your infringement of LenderHomePage.com's or any third party's intellectual property rights in using this site.
DISCLAIMERS, LIMITATION OF LIABILITY AND INDEMNIFICATION
The website and the materials contained in LenderHomePage.com are provided "as is." LenderHomePage.com makes no representations or warranties of any kind, express or implied, regarding this website, its content, its operation, information accessible on this site or material or products or services included or associated with LenderHomePage.com, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. LenderHomePage.com MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEB SITE, THE MATERIALS, THE PRODUCTS AND/OR ANY LINKS.
LenderHomePage.com disclaims all warranties, express or implied, of any kind, with deference to the site and all enumerated aforementioned products and services. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH LenderHomePage.com.
LenderHomePage.com MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM HTTP://lenderhomepage.com IS FREE OF INFECTION FROM ANY VIRUSES, OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
The content of the site (the "Content") is intended only to assist you with financial decisions and is broad in scope and does not consider your personal financial situation. Your personal financial situation is unique and the information and advice may not be appropriate for your situation.
IN NO EVENT SHALL LenderHomePage.com, ITS AFFILIATES, OFFICERS, DIRECTORS, OR EMPLOYEES BE HELD LIABLE FOR DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF THE OPERATION, CONTENT OR USE OF LenderHomePage.com'S WEBSITE AND SITES AND MATERIALS IN ASSOCIATION WITH LENDERHOMEPAGE.COM, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In no event will damages provided by law apply except if they are required to apply by statute, notwithstanding their exclusion by contract.
You shall defend, indemnify and hold harmless LenderHomePage.com and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys' fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by LenderHomePage.com; (iii) your violation of any laws, including infringement on trademarks or trade secrets of any person or entity, (iv) your access or use of www.lenderhomepage.com.
Applicable Law, Venue and Arbitration
The site (excluding linked sites) is operated in the state of California. The site can be accessed from all 50 states and the District of Columbia, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this site, both you and LenderHomePage.com agree that the statutes and laws of the State of California, without regard to conflicts of laws and principles thereof, will apply to all matters arising from or relating to use of this site.
Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you as provided above, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Orange County, CA.
THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. BY USING HTTP://.lenderhomepage.com YOU CONSENT TO THESE RESTRICTIONS. You and LenderHomePage.com shall select the arbitrator, and if you and LenderHomePage.com are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator's fees and costs until the prevailing party is determined. Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and LenderHomePage.com, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Orange County, CA.
You acknowledge that LenderHomePage.com may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, LenderHomePage.com shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of Orange County, CA or the United States District Court, Central District of California. You consent to the jurisdiction of such court and waive any objection to the laying of the venue of any such action or proceeding in such court.
If any portion of this Agreement is deemed unlawful, void or unenforceable by an arbitrator or a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
The headings, subheadings and numbering of the different paragraphs of this Agreement are inserted for convenience and for reference only and shall not be considered for any purpose in construing this Agreement.
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by LenderHomePage.com from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.
Successors in Interest
Subject to any restrictions against assignment contained herein, and to any legal limitations on the power of the signatories to bind non-signatories to this Agreement, this Agreement shall inure to the benefit of, and shall be binding upon, the assigns, successors in interest, personal representatives, executors, estates, heirs, legatees, agents and related entities of each of the Parties
You represent and declare that you have carefully read this Agreement and know the contents thereof, and that you accept the same freely and voluntarily.