| |
Terms of Service
LendingMarket.com (sometimes referred to as the "Website") is offered
to you (the "User") by LMTX, LP dba LendingMarket (the "Company")
conditioned on your acceptance without modification of the terms, conditions,
and notices contained in this "Terms of Service" section (the "Agreement").
Your use of the Website constitutes your agreement to all such terms, conditions
and notices. The Company may change the "Terms of Service" section
from time to time. By continuing to use the Website following such modifications,
you agree to be bound by such modifications to the Terms of Service.
Description of the Service Offered.
LendingMarket is a computerized program which provides a mechanism pursuant
to which consumers can obtain information regarding lenders, mortgage brokers,
insurance, and real estate service. LendingMarket is not a lender or mortgage
broker and does not make loans or credit decisions in connection with loans.
The Company is not an agent of the User or any participating lender or mortgage
broker.
The listing of companies on the Website, and/or your ability to "click-through" to
another website from the Website, or the forwarding of your information form
to a participating lender or mortgage broker, does not constitute a referral.
Information contained on the Website is provided for general informational
purposes. You may choose to use or not to use the information contained on
the Website. TheLoanPage.com does not recommend, refer, advise, or prefer
individuals to use any particular company. In all cases, you should make your
own judgments as to which service providers to use. The lender or mortgage
broker is solely responsible for its services to you, and you agree that the
Company shall not be liable for any damages or costs of any type arising out
of or in any way connected with your use of any lender or mortgage broker's
services.
The information form you submit is NOT an application for credit or a loan.
It is a request for lender or mortgage broker information. You will have to
complete an application with a lender or mortgage broker before they will
extend a loan offer to you. The Company does not guarantee that the loan terms
or rates offered and made available by participating lenders or mortgage brokers
will be the lowest rates available in the market or will have the best terms.
Nothing contained herein shall constitute an offer or promise for a loan commitment
or interest rate lock-in agreement.
The Company does not charge the User any fees for its services. The Company
receives its compensation from advertisers on the Website and from lenders
and mortgage brokers for goods, services and/or facilities actually provided
by the Company. The Company's compensation from lenders and mortgage brokers
varies according to quantity and filtering requirements.
Your information form will be forwarded to up to four lenders or mortgage
brokers, who will make certain disclosures to you. However, Company (and its
participating lenders and mortgage brokers) does not guaranty that any lender
or mortgage broker will contact you. Whether a lender or mortgage broker contacts
you is based upon a neutral filtering process administered by LendingMarket,
and the decision of the participating lender or mortgage broker.
User promises that all of the information User has provided on its information
form is true and complete. User authorizes the Company to forward User's information
to its network of participating lenders and mortgage brokers. User understands
that these persons may keep User's information, whether or not User completes
a real estate transaction with them.
Nothing in the Website constitutes an offer, promise or otherwise, either
to make a specific loan or that any participating lender or mortgage broker
will make any loan for any purpose or on any specific terms. All loan related
decisions are made by the participating lender or mortgage broker in the course
of its normal business operations, and any applicable loan offerings are made
to qualified applicants in separate loan and related documents which are required
by applicable state and federal laws of the United States of America. Loans
may only be made to residents of states where participating lenders or mortgage
brokers are licensed and/or authorized to make such loans. By acquiring your
information through the Website, participating lenders and mortgage brokers
are not attempting to make loans outside their authorized states or country.
The Company reserves the right to change any information on the Website,
including but not limited to, revising and/or deleting loan products or loan
related information as offered by participating lenders or mortgage brokers
without prior notice. The Company further reserves the right to discontinue
the offering of loan products or loan related information in any specific
state.
Warranties and Limitation of Liability.
You acknowledge and agree that you must: (a) provide for your own access
to the World Wide Web and pay any service fees associated with such access,
and (b) provide all equipment necessary for you to make such connection to
the World Wide Web, including a computer and modem. By using the Website,
including any applets, software, and content contained therein, you agree
that use of the Website is entirely at your own risk.
THE WEBSITE, ITS USE AND THE SERVICES THAT THE WEBSITE PROVIDES IS PROVIDED "AS
IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. SPECIFICALLY,
THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO:
(1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT
OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY
OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE (EVEN IF THE COMPANY IS AWARE OF THE POSSIBILITY OF DAMAGES). THIS
DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED FOR ANY REASON,
INCLUDING, BUT NOT LIMITED TO, BY OR AS A RESULT OF ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT,
TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
NEITHER THE COMPANY NOR ANY OF ITS STOCKHOLDERS, DIRECTORS, EMPLOYEES,
AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL
BE LIABLE TO YOU OR OTHER THIRD PARTIES FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE WEBSITE,
ITS USE AND/OR THE SERVICES THAT THE WEBSITE PROVIDES OR YOUR INABILITY TO
GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH
STATES, THE RESPECTIVE LIABILITY OF THE COMPANY, ITS STOCKHOLDERS, DIRECTORS,
EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE
PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
Proprietary Rights.
The Company is the owner and/or authorized user of any trademark, registered
trademark and/or service mark appearing on the Website, and is the copyright
owner or licensee of the content and/or information on the Website including
but not limited to any screens appearing on the Website. You may not download
and/or save a copy of any of the screens except as otherwise provided in this
Agreement, for any purpose. However, you may print a copy of the information
on the Website for your personal use or records. If you make other use of
the Website, except as otherwise provided above, you may violate copyright
and other laws of the United States and other countries, as well as applicable
state laws and you may be subject to penalties. The Company does not grant
any license or other authorization to any User of its trademarks, registered
trademarks, service marks, or other copyrightable material or other intellectual
property, by placing them on the Website.
Links from and to this Website.
You acknowledge and agree that the Company has no responsibility for the
accuracy or availability of information provided by linked sites. Links to
external websites do not constitute an endorsement by the Company of the sponsors
of such websites or the content, products, advertising or other materials
presented on such sites.
Information in the web pages that are linked to the Website comes from
a variety of sources. Some of this information comes from official Company
licensees, but much of it comes from unofficial or unaffiliated organizations
and individuals, both internal and external to the Company. The Company does
not author, edit, or monitor any of these pages or links. You acknowledge
and agree that the Company shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such content, goods or services
available on such external websites or resources.
The Company may use third-party advertising companies to serve ads on the
Website. These companies may employ cookies and action tags (also known as
single pixel gifs or web beacons) to measure advertising effectiveness. Any
information that these third parties collect via cookies and action tags is
completely anonymous.
Compliance with Laws and Regulations.
Your access to and use of the Website are subject to all applicable federal,
state, local, and international laws and regulations.
Privacy.
Except as may otherwise be required by law, the Company adheres to the "Privacy
Policy" posted on the Website. You should be aware, however, that
a linked website may contain privacy policies that differ from the Company's
policy. Neither the Company nor its stockholders, directors, employees, agents,
successors, assigns or affiliates are responsible for any of those other websites'
provisions and expressly disclaim any liability related to such policies.
Unauthorized Links.
The Company prohibits unauthorized hypertext links to the Website or the
framing of any content available through the Website. The Company reserves
the right to disable any unauthorized links or frames.
Use of "Cookies."
The Company reserves the right to store information on your computer in
the form of a "cookie" or similar file or device for the purpose
of modifying the Website to enhance your browsing experience and track your
website navigation preferences. If you do not wish to permit "cookies" to
be stored on your computer, you may disable them by following the instructions
provided with your browser software. If you elect to disable "cookies," however,
please be aware that you will not be able to use certain websites and that
your browsing experience at the Company's Website and other sites may suffer.
Violations of Terms of Use.
The Company reserves the right to seek all remedies available for violation
of the Agreement, including the right to block access from a particular Internet
address to the Website.
Indemnification.
User agrees to indemnify and hold harmless the Company and its stockholders,
directors, employees, agents, successors, assigns and affiliates from and
against (and will pay upon demand each such person the amount of) any and
all third-party claims, demands, losses, liability, damages, or expenses (including
reasonable attorney's fees) resulting from, arising out of, relating to or
caused by any breach by User of any covenant or other agreement of User contained
in this Agreement or any breach by User of any representation or warranty
of User contained in this Agreement. In connection with any action or proceeding
that may give rise to an obligation of User to indemnify a person as set forth
above, the Company shall have the exclusive right, at its option, to defend,
compromise and/or settle the action or proceeding, and the User shall be bound
by the determination of any action or proceeding so defended or any compromise
or settlement so effected. The remedies provided in this section are not exclusive
of and do not limit any other remedies that may be available to the Company
or any other party to be indemnified pursuant to this section.
Applicable Law; Forum.
All questions concerning the construction, validity, and interpretation
of this Agreement and the performance of the obligations imposed by this Agreement
shall be governed by the laws of the State of Texas. Any suit, action or proceeding
against either the Company or User with regard or related to this Agreement,
the rights and obligations of the User or the Company under this Agreement,
the Website, the use of the Website and/or the services that the Website provides
shall be brought in Dallas Texas. The User and the Company hereby irrevocably
consent to the jurisdiction of the aforementioned courts. In addition, and
notwithstanding the foregoing, the User irrevocably waives, to the fullest
extent permitted by law, any objection that it may now or hereafter have to
the laying of the venue of any such suit, action or proceeding brought in
any such court and any claim that any such suit, action or proceeding brought
in any such court has been brought in an inconvenient forum. Final judgment
in any such suit, action or proceeding brought in any such court shall be
conclusive and binding upon User and may be enforced in any court in which
User is subject to jurisdiction by a suit upon such judgment.
Waiver of Trial by Jury.
THE COMPANY AND USER EACH HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY IN
ANY COURT AND IN ANY SUIT, ACTION OR PROCEEDING, WHETHER IN TORT, CONTRACT
OR OTHERWISE, IN WHICH ANY SUCH PARTY, OR ANY SUCCESSOR OR ASSIGN OF SUCH
PARTY, ARE PARTIES, AS TO ALL MATTERS AND THINGS ARISING OUT OF OR RELATING,
DIRECTLY OR INDIRECTLY, TO THIS AGREEMENT, THE RIGHTS AND OBLIGATIONS OF THE
USER OR THE COMPANY UNDER THIS AGREEMENT, THE WEBSITE, THE USE OF THE WEBSITE
AND/OR THE SERVICES THAT THE WEBSITE PROVIDES.
Other Terms.
Severability. If any provision of this Agreement shall be held to be
invalid or unenforceable for any reason, the remaining provisions shall continue
to be valid and enforceable. If a court finds that any provision of this Agreement
is invalid or unenforceable, but that by limiting such provision it would become
valid and enforceable, then such provision shall be deemed to be written, construed
and enforced as so limited.
Waiver of Contractual Right. The failure of the Company to enforce any
provision of this Agreement shall not be construed as a waiver or limitation
of the Company's right to subsequently enforce and compel strict compliance
with that provision or any other provision of this Agreement.
Parties in Interest. This Agreement shall be binding upon, inure to
the benefit of, and be enforceable by the parties to this Agreement and their
respective successors, heirs, legatees, personal representatives and permitted
assigns. No assignment, delegation or other conveyance of this Agreement or
of any rights or obligations hereunder may be made by User (by operation of
law or otherwise) without the prior written consent of the Company. The Company
may assign its rights and obligations under this Agreement to any other party.
Headings. The headings and other captions in this Agreement are for
convenience and reference only and shall not be used in interpreting, construing
or enforcing any of the provisions of this Agreement. Common nouns and pronouns
will be deemed to refer to the masculine, feminine, neuter, singular, and plural,
as the context may require.
Entire Agreement. This Agreement constitutes the entire agreement between
the User and the Company and it supersedes all prior or contemporaneous communications,
promises and proposals, whether oral, written or electronic, between you and
the Company with respect to the Website, the use of the Website and/or the
services that the Website provides. 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.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS. |
| |
|
|
|
|
| |
Today's Rates* » |
|
Loan |
Rate |
| 15 Yr Fixed |
5.875% |
| 30 Yr Fixed |
6.125% |
*average rate
|
|
|
