Lender411 Terms of Use

Updated on 1/22/2014

By accessing this web site and any pages hereof, you agree to be bound by the terms and conditions below. This Terms of Use Agreement ("Agreement") contains an agreement to arbitrate all claims and disclaimers of warranties and liability. If you do not agree with the terms and conditions of this Agreement and Lender411's Privacy Policy located at: //www.lender411.com/privacy-policy ("Privacy Policy"), please do not access or use Lender411.

Lender411 is the #1 mortgage resource on the web and our mission is to make your search for home financing as simple, convenient and safe as possible. This Agreement sets forth the terms and conditions that apply to your access and use of the internet web sites owned and operated by Lender 411, LLC and its affiliates, including, but not limited, to the web site located at: //www.lender411.com ("Lender411")

By visiting, using and/or submitting information to //www.lender411.com, you agree to be bound by the terms and conditions of this Agreement and Lender411's Privacy Policy. This includes any changes or revisions Lender411 makes to this Agreement and Lender411's Privacy Policy, at its sole discretion. It is your sole responsibility to continuously review this Agreement to be made aware of any changes in the future. If you do not agree to all of the Terms and Conditions listed below, please do not use the site and email us at [email protected].

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.

Third Party Postings

Lender411 makes every effort to keep all of the content on its website up-to-date, easy to understand, and readily available. Lender411 may serve as a venue, through its chat rooms, bulletin boards and other links (collectively, the "Venues"), allowing the public and lenders/brokers to contribute information and make statements. You understand that Lender411 is not involved in the actual transmission of information and statements provided for in the Venues. Information presented on Lender411 by lender/brokers are advertisements by the lenders/brokers, and Lender411 makes no guarantee, explicit or implied that the posted information is correct. Lender411 does not endorse any listed lender/broker nor the information and statements posted by them.

Lender411 has no control over the quality, correctness, timeliness, safety, truth, accuracy or legality of any information provided for by you or any other person or entity in the Venues. Please use the information at your sole responsibility and risk. Although Lender411 does not regularly review information provided for in the Venues and does not accept any responsibility for same, it reserves the right, but not the obligation, to remove or edit any information in the Venues.

Your Access and Postings

Your right to access and use Lender411 is not transferrable by you to any other person or entity. You may only access and use Lender411 for lawful purposes and pursuant to the terms and conditions of this Agreement and Lender411's Privacy Policy. Any action by you that, in Lender411's sole determination violates the terms and conditions of this Agreement and/or Lender411's Privacy Policy shall not be permitted, and may result in your loss of the right to access and use Lender411. You shall not use META tags, provide links to, or frame Lender411 without the prior express written permission of Lender411. You agree that you will not load, at Lender411's sole discretion, an unreasonable or disproportionately large load on Lender411's infrastructure. If you transmit, submit or post information to Lender411, you automatically grant Lender411 and its affiliates worldwide, fully paid, royalty-free, exclusive right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content (as defined below). Provided that you have obtained prior written permission from Lender411 to transmit, submit or post information to Lender411 that is federally trademarked and/or copyrighted, you automatically grant Lender411 and its affiliates the worldwide, fully paid, royalty-free right to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content.

You shall not transmit, submit or post the following to Lender411:
information that infringes Lender411'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 Lender411.
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 Lender411;

Although Lender411 does not regularly review your transmissions, submissions or postings, Lender411 reserves the right (but not the obligation) to edit, refuse to post or remove your transmissions, submissions or postings. Pursuant to Lender411's Privacy Policy, Lender411 may review/moderate transmissions, submissions or postings made by you to determine, in its sole discretion, your compliance with this Agreement.

The design, text and images of this web site are owned or licensed by Lender411. Lender411 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 Lender411'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 Lender411's name or trademarks without the express written permission of Lender411.

Interruptions and Incompatibility

Circumstances beyond Lender411's control, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of Lender411 or other actions that Lender411, at its sole discretion, may elect to take, occasionally make the site unavailable. Data transmissions may be interrupted and Lender411 may offer links to other sites whose content Lender411 is unable to monitor. As a result, your access and use of Lender411 may be interrupted from time to time. Lender411 reserves the right to suspend or discontinue the availability of Lender411 and/or any portion or feature of Lender411 at any time in its sole discretion and without prior notice.

The Lender411 site may sometimes be inaccessible or may not function properly with your web browser and operating system. Lender411 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 Lender411, and all costs and fees associated with same.

Links to External Sites

Lender411 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 Lender411. These links are provided for expedience and reference only; they are not intended as an endorsement by Lender411 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 Lender411 is not accountable for the availability of, services or products offered by, or the content on or throughout such external site. Lender411 does not guarantee that the loan terms or rates offered by any particular advertiser, business partner, affiliate or other third party on Lender411 the best terms or lowest rates available in the market.

Electronic Communications

You consent to receive communications from Lender411 electronically. Although Lender411 may choose to communicate with you by regular mail, Lender411 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 Lender411 provides to you electronically satisfy any legal requirement that such communications be in writing.

Lender411's Intellectual Property Rights

This site is owned and operated by Lender411, LLC. Unless otherwise specified, all materials appearing on this site, including site the name "Lender411", "Lender411.com", design, text, graphics, logos, images, icons, interfaces, and the selection, assembly and arrangements thereof are the sole property of Lender411. 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 Lender411, is strictly prohibited.

Lender411 makes no proprietary claim to any third-party names, trademarks or service marks appearing on Lender411. 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 Lender411'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 Lender411 are provided "as is." Lender411 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 Lender411, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. LENDER411 MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEB SITE, THE MATERIALS, THE PRODUCTS AND/OR ANY LINKS.

Lender411 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 LENDER411.

LENDER411 MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM HTTP://LENDER411.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 LENDER411, 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 LENDER411'S WEBSITE AND SITES AND MATERIALS IN ASSOCIATION WITH LENDER 411.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 Lender411 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 Lender411; (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.lender411.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 Lender411 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://.LENDER411.COM YOU CONSENT TO THESE RESTRICTIONS. You and Lender411 shall select the arbitrator, and if you and Lender411 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 Lender411, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Orange County, CA.

Lender411's Remedies

You acknowledge that Lender411 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, Lender411 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.

Partial Invalidity

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.

Headings

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.

Amendments

All covenants, agreements, representations and warranties made in this Agreement, as may be amended by Lender411 from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.

Entire Agreement

This Agreement and Lender411's Privacy Policy located at: //lender411.com/privacy-policy/ contain the entire Agreement of the Parties, and supersede any prior written or oral agreements between them, concerning the subject matter 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

Voluntary Agreement

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.