TERMS OF USE AGREEMENT
Please read this Terms of Use Agreement ("Agreement") carefully. By accessing this Web site and any pages hereof, you agree to be bound by the terms and conditions below. This Agreement contains an agreement to arbitrate all Claims and disclaimers of warranties and liability. These provisions form an essential basis of our bargain. If you do not agree to these terms and conditions, do not access this Web site.
LOAN ORIGINATION SERVICES
All of the information you have provided in your loan request is true and complete. You authorize Choice Leads to check your credit history, and to provide your information, including your credit history, to up to four Lenders; provided, however, that if one of the Lenders is unable to make an offer, Choice Leads may submit your information to additional Lenders until such time as you have received four loan offers (up to a maximum of 10 total Lenders). Choice Leads is not a lender and does not make loans or credit decisions in connection with loans. Choice Leads does not endorse or recommend the products of any particular Lender on any of its websites. Choice Leads is not an agent of either you, the User, or any participating Lender. Choice Leads 's services are administrative and consultative only. You should rely on your own judgment in deciding which available loan product best suits your needs and financial means. The Lender is solely responsible for its services to you, and you agree that Choice Leads shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such services. This Web site and the services provided by Choice Leads are available only in connection with (a) mortgage loans made on real property located in the fifty states and the District of Columbia unless otherwise specified, and (b) non-mortgage loans made to citizens and residents of the United States. Loans may only be made to residents of, or secured by real property located in, states where participating Lenders are licensed or authorized to make such loans, as indicated herein under the section titled "Lenders." Lenders are not attempting to make loans outside of their authorized states or country by participating in and offering their products on this Web site. Choice Leads and/or participating Lenders expressly reserve the right to discontinue, suspend or terminate the offering of any loan product in any specific state through this Web site. Choice Leads does not guarantee acceptance into any particular loan program or specific loan terms or conditions with any participating Lender; loan approval standards are established and maintained solely by individual Lenders. Likewise, Choice Leads does not guarantee that the loan terms or rates offered and made available by participating Lenders through this Web site are the best terms or lowest rates available in the market. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for a loan commitment or interest rate lock-in agreement. Choice Leads does not charge you, the User, a fee to use our service. Choice Leads is paid a fee by participating Lenders for the goods, facilities and services provided. Your use of this Web site and/or Choice Leads 's services constitutes your agreement with this compensation arrangement.
By submitting the loan request containing your electronic signature, you are extending an express invitation to each of the Lenders making you loan offers to contact you by telephone at the numbers you have provided so they may assist you with your transaction, and you hereby consent to any such calls even if your phone number is on any Do Not Call list. By saving your information with Choice Leads and/or submitting a loan request, you give Choice Leads permission to make recorded calls to remind you of any deadlines or issues in connection with your loan request.
REAL ESTATE SERVICES
All of the information you have provided in this referral form is true and complete. You authorize Choice Leads to forward your information to its network of real estate professionals. You further understand and agree that by selecting a real estate company or professional, you are extending an express invitation for them to contact you by telephone at the numbers you have provided, and you hereby consent to any such calls even if your phone number is on the Do Not Call list. In addition, by completing and submitting a request for more information regarding a real estate listing or requesting contact with a real estate professional, you understand and agree that you are extending an express invitation to real estate professionals to call you by telephone at the numbers you have provided, and you hereby consent to any such calls even if your phone number is on the Do Not Call list. You understand that these real estate professionals may keep the information you submit whether or not you communicate with them regarding a real estate listing and whether or not you complete a real estate transaction with them. However, in connection with its Find a REALTOR® program, Choice Leads does not list or sell homes. Instead, real estate brokerage activities are performed by local licensed real estate brokers. In connection with its Find a REALTOR® program Choice Leads acts as a referring broker by referring you to a local real estate broker, and for its services. Customers must have been connected with the real estate professional through Choice Leads 's Find a REALTOR® program to be eligible for incentives. Certain states require that incentives be given as either a credit at closing or as a reduction of your real estate commission. The programs may be available on modified terms, or may be prohibited, in certain jurisdictions. Other restrictions may apply.
SECURITY POLICY
Choice Leads uses extensive and sophisticated secure technology to protect your data and transmissions between you, Choice Leads , banks, lenders and loan brokers participating in this Web site (we refer to all of these as "Lenders"), and real estate professionals participating in this web site (the "real estate professionals"). Here are the highlights:
- Transmission between browsers and our web server is implemented using Secure Sockets Layer (SSL) technology. This technology requires an SSL-capable browser such as MS Internet Explorer 3.0 (or later) or Netscape Navigator 2.0 (or later).
- Transmissions between Choice Leads and participating Lenders or Choice Leads and real estate professionals are encrypted using public key cryptography algorithms with a minimum key size of 128 bits.
- Our database is physically separated from our web server and is protected by a physical firewall. Although Choice Leads has taken these reasonable and appropriate measures to ensure that your personal information is delivered and disclosed only in accordance with your instructions, Choice Leads cannot and does not guarantee that the personal information you provide will not be intercepted by others and decrypted.
Choice Leads intends that the information contained in its Web site be accurate and reliable; however, errors sometimes occurs. In addition, changes and improvements to the information provided herein may be made by Choice Leads at any time. THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." Choice LEADS AND/OR ITS SUPPLIERS, PARTICIPATING LENDERS, OR REAL ESTATE PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THIS WEB SITE AND/OR Choice LEADS 'S SERVICES IS AT YOUR OWN RISK. Choice LEADS AND/OR ITS SUPPLIERS, PARTICIPATING LENDERS, OR REAL ESTATE PROFESSIONALS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE AND/OR Choice LEADS 'S SERVICES OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Choice LEADS AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Web site are: Copyright © 2006 Choice Leads, Inc. and/or its suppliers, participating Lenders, or real estate professionals, Po Box 51868, Irvine, Ca, 92619, U.S.A. All rights reserved. Choice Leads is a service mark of Choice Leads, Inc. Other product and company names mentioned herein, including the names of participating Lenders, may be the trademarks of their respective owners.
INDEMNITY
As a condition of use of this Web site and/or Choice Leads 's services, you agree to indemnify Choice Leads and its suppliers, participating Lenders, or real estate professionals from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of this Web site, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.
LINKS TO THIRD PARTIES
This Web site may contain links to Web sites maintained by third parties. Such links are provided for your convenience and reference only. Choice Leads does not operate or control in any respect any information, software, products or services available on such Web sites. Choice Leads 's inclusion of a link to a Web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
ERRORS AND DELAYS
Choice Leads is not responsible for any errors or delays in responding to a qualification form or referral form caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control.
DISPUTE RESOLUTION
Any claim or controversy arising out of or relating to the use of this Web site, to the goods or services provided by Choice Leads , or to any acts or omissions for which you may contend Choice Leads is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitration shall be venued in Orange County, California except for Maine consumers for whom the location shall be a place reasonably convenient to the consumer. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to Choice Leads. In any arbitration, Choice Leads will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party, provided, however, that in Maine any cost to the consumer shall be limited to the cost of filing a court case. To begin the arbitration process, a party must make a written demand therefor.
Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Orange County, California. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto, except in Maine where state law will control all rights and remedies in the arbitration. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND Choice LEADS WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using Choice Leads 's goods and services you consent to these restrictions.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Choice Leads, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Orange County, California. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees.
OTHER TERMS
This Agreement constitutes the entire agreement between you and Choice Leads and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Choice Leads with respect to this Web site and information, software, products and services associated with it. This Agreement shall be subject to and construed in accordance with the laws of the State of California, excluding its conflict of laws principles. 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. 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 and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
PRIVACY POLICY
We share your personal information with third parties in order to identify products or services in which you may have interest, to improve our user experience and generally to engage in market research and for other internal business purposes. We may also aggregate your personal information with others’ information and prepare reports on Website usage, purchase history or other factors for sale or distribution to others. Those reports are aggregated and include no personally identifying information. In addition, personal information provided on our Website may be linked together or merged with other personal information we obtain about you so that we may better understand your needs and inform you about our products or services and those of third parties with which we have a business relationship. Also, if we receive personal information from third parties with whom we have business relationships, we may combine this information with the other personal information we maintain about you. In either case, this Policy governs our use of this information. Finally, we may use your personal information to send you communications regarding products or services offered by us or by third parties in which we think you may be interested unless you have declined to receive these third party communications.
2. Third Parties That May Receive Your Personal Information
In addition to our own internal uses of your personal information, we may provide your personal information to non-affiliated third parties under one or more of several circumstances:
- To provide you with services or products that you have requested;
- To our advertiser clients solely to assess the effectiveness of ad campaigns we have provided for them;
- To contractors or service providers who may provide services or perform functions on our behalf, in which case those service providers may use your information only for the purposes provided and not disclose it to any third party except upon our direction;
- To enforce our rights or as required by law or order of a court or government agency; and
- On occasion, and only as permitted and described below under, Your Right To Decline Communications From Us and Others to other third parties who may wish to send you email or postal mail regarding services or products that you may find of interest or for other reasons that are disclosed to us and that we believe to be appropriate and consistent with our commitment to prevent abuse of your personal information.