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USER AGREEMENT, TERMS, CONDITIONS AND NOTICES 12/05/2004 This User Agreement and Terms, Conditions and Notices ("Agreement") is entered into by and between LendingUniverse ("LendingUniverse") and you, the User (Member) of the LendingUniverse Web Site. DEFINITIONS Member: Any registered user of LendingUniverse including but not limited to Borrowers, Brokers, Lenders, Appraisers, Escrow companies, Associates, and Others. Also called User User = Member: For the purpose of this agreement the terms "User" and "Member" are interchangeable LendingUniverse: LendingUniverse Web and all of its Individual Sub webs. AGREEMENT BETWEEN USER AND LENDINGUNIVERSE The LendingUniverse Web Site (the "Web Site") is intended to provide an information exchange through which participating licensed mortgage lenders, mortgage brokers, service providers and potential borrowers can interact. LendingUniverse is not a mortgage lender or a mortgage broker and does not process, underwrite, make or close loans or make any credit decisions in connection with loans. LendingUniverse does not endorse, recommend or favor the products of any participating broker, lender or service provider. To enhance your results LendingUniverse may, at its discretion, refer and upload your loan request to one or more the following lenders: ameriquest.com, eloan.com, fullspectrum.com, premierequity.com, plcrealty.com, lowermybills.com, centurymgt.com and or other lenders as LendingUniverse see fits. (Depending on the nature of your loan request). The User should rely on his/her own judgment in deciding which loan product or service best suits his/her needs and financial means. This Web Site is offered to you, the User, conditioned upon your acceptance without modification of the terms, conditions and notices contained herein. Your use of this Web Site constitutes your Agreement to all such terms, conditions and notices. USE Member agrees to use LendingUniverse to obtain and exchange financial data. Member may copy the Content displayed on this LendingUniverse for personal use only, provided that Member maintains all copyright and other notices contained in such Content. Member shall have the right to publish through the LendingUniverse certain content describing the Member and such other information. Unless otherwise agreed in advance, Member hereby grants LendingUniverse, a royalty-free, non-exclusive license to use, disclose, reproduce, modify, license and distribute any and all content provided by Member to the LendingUniverse. INFORMATION PLACED ON WEB SITE User represents and warrants that all information User places on the Web Site is true, correct and complete in all respects. User understands, acknowledges and agrees that LendingUniverse has no control over any information placed on the Web Site by any lender, broker, service provider or borrower, and that Lending Universe is not responsible nor liable in any way for the truthfulness, correctness, accuracy or completeness of any such information. CONTENT RESTRICTIONS While LendingUniverse does not and cannot review every message or items published by members on the LendingUniverse and is not responsible for the content of these published materials, LendingUniverse reserves the right to edit content that LendingUniverse deems defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable. ACCESS AND AVAILABILITY OF LendingUniverse AND LINKS LendingUniverse reserves the right, in its sole discretion, to link additional sites or to remove existing linked sites at any time and without notice to Member. REGISTRATION AND SECURITY Member shall provide LendingUniverse with registration information that correctly represents Member's professional licensing, experience and ability to transact business. Member shall notify LendingUniverse at administrator@LendingUniverse.com of any known or suspected unauthorized use(s) of Member's account, or any known or suspected breach of security. COMMUNICATIONS BETWEEN LendingUniverse AND MEMBERS Unless Member indicates by notifying administrator@lendinguniverse.com that Member does not want to receive such information, LendingUniverse reserves the right to disclose certain limited Member information for the purpose of providing Member with information about products and LendingUniverse. LendingUniverse reserves the right to send electronic mail to any and all members for the purpose of informing them of changes or additions to the LendingUniverse, this Agreement, or of any LendingUniverse related products and LendingUniverse. CHANGES TO LendingUniverse LendingUniverse reserves the right to change or discontinue any part of the LendingUniverse website and service. LendingUniverse may also impose limits on certain features without notice or liability. Notification of any such change will be posted on the LendingUniverse or sent to Member via e-mail. If LendingUniverse makes changes to the LendingUniverse, and if the changes cause Member to be in default under the terms of this Agreement, Member may terminate its subscription by sending an e-mail notice of termination to administrator@LendingUniverse.com. However, Member's continued use of the LendingUniverse following the posting of notice of any such change will constitute a binding acceptance by Member. COMPENSATION Under no circumstances will LendingUniverse be obligated to pay loan-related fees. The borrower understands, acknowledges and agrees that there are likely to be numerous fees and charges that the lender and/or broker will impose upon borrower. These fees and charges should be negotiated directly with the lender and/or broker, not with or through LendingUniverse. All such fees and charges are separate and apart from this Web Site or any services provided by LendingUniverse. Lending Universe currently offers the service described herein as a service allowing users to create their own loan-related websites. The company provides what is analogous to a bulletin board and tools for the user to create his own postings to that bulletin board. The company is not offering to make or broker any loans and specifically does not intend to offer any service in any jurisdiction where the offer or delivery of such service would not comply with or would violate any law or regulation. Any offer and any of the fees, explicit or implied, are void where prohibited by law. PAYMENTS FOR LEADS LendingUniverse reserves the right to charge fees for selected loan leads. Leads may be purchased on case-by-case basis by brokers/lenders. Interested borrowers or their brokers' representatives provide the lead data. User understands, acknowledges and agrees that LendingUniverse has no control over any information placed on the Web Site by any lender, broker, service provider or borrower, and that Lending Universe is not responsible nor liable in any way for the truthfulness, correctness, accuracy or completeness of any such information. The leads fee is based on the loan freshness, loan size, quality of application and other factors. Leads fee will be published on the web site and will be subject to change from time to time. PROMOTIONAL LEADS’ CREDIT FOR CUSTOMERS Lending Universe Inc. reserves the right to issue promotional credit to customers. Promotional credit can be used only to purchased leads and it may be restricted to a specific period of time. Customers may lose the unused portion or the entire promotional credit if not used by the specified time allocated for that promotion. COPYRIGHT NOTICE The contents of all material available on the Web Site are copyrighted by LendingUniverse. unless otherwise indicated. All rights are reserved by LendingUniverse and content may not be reproduced, downloaded, disseminated, published or transferred in any form or by any means, except with the prior written permission of LendingUniverse. NOTICE AND DISCLAIMER INFORMATION ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. LendingUniverse (INCLUDING, WITHOUT LIMITATION, ITS EMPLOYEES AND AGENTS) ASSUMES ABSOLUTELY NO RESPONSIBILITY FOR ANY CONSEQUENCES RESULTING FROM OR RELATED TO THE USE OF THE WEB SITE BY ANY USER, OR FOR ANY INFORMATION ON THE WEB SITE, OR FOR THE CONTENT OF SUCH INFORMATION, INCLUDING, BUT NOT LIMITED TO, DELAYS, ERRORS OR OMISSIONS, THE ACCURACY OR REASONABLENESS OF INFORMATION, THE DEFAMATORY NATURE OF STATEMENTS, OWNERSHIP OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS, AND THE VIOLATION OF PROPERTY, PRIVACY OR PERSONAL RIGHTS OF OTHERS. LendingUniverse IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR, DAMAGES OF ANY KIND ARISING OUT OF ANY USE, REFERENCE OR RELIANCE ON SUCH INFORMATION. User expressly covenants and agrees to indemnify, defend and hold harmless LendingUniverse from and against any and all losses, damages, costs and expenses, and any and all claims by any person or entity, that arise from or relate in any way to (i) the information or materials placed on the Web Site by User, (ii) any breach or non-performance of any term or provision of this Agreement, or (iii) any act, error or omission by User. NO UNLAWFUL OR PROHIBITED USE As a condition of your use of this Web Site, you warrant to LendingUniverse that you will not use this Web Site or any information contained on the Web Site for any purpose that is unlawful or prohibited by these Terms, Conditions and Notices. USER WARRANTIES AND COVENANT User represents, warrants and covenants that, at all times while it is a User of the Web Site, (i) User has complied, and will continue to comply, with all legal, regulatory and other requirements related to its use of the Web Site and the conduct of its activities, (ii) User has, and will continue to have, all requisite power and authority to execute, deliver and perform its obligations hereunder, (iii) no contractual or legal obligations exist that would prevent User from entering into this Agreement, using the Web Site or conducting its activities, (iv) all fees charged to borrowers by any broker and/or lender shall be appropriate and reasonably related to the value of the services rendered and comply with all federal and state statutes and regulations, and (v) User shall abide by all policies, procedures and guidelines established from time to time by LendingUniverse, including those related to compliance, privacy and use of the Web Site. MODIFICATION OF THESE TERMS, CONDITIONS AND NOTICES LendingUniverse reserves the right, at any time and from time to time, to change the Terms, Conditions and Notices under which this Web Site is offered. LINKS TO OTHER INTERNET SITES At certain places on this Web Site, live "links" to other Internet addresses can be accessed ("Linked Sites"). Such Linked Sites contain information created, published, maintained, or otherwise posted by institutions or organizations independent of LendingUniverse. LendingUniverse does not endorse, approve, certify or control these Linked Sites and does not guarantee the accuracy, completeness, efficacy, timeliness or correct sequencing of information that they contain. Use of Linked Sites is voluntary, and should only be undertaken after an independent review by the user of the accuracy, completeness, efficacy and timeliness of the information contained therein. In addition, it is the user's responsibility to take precautions to ensure that material selected from such Linked Sites is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. LendingUniverse is not responsible for, and expressly disclaims all liability for, (i) the contents of any Linked Site, (ii) damages of any kind arising out of the use of such Linked Sites, or (iii) reference to or reliance on information contained therein. GENERAL Each party hereto may terminate this Agreement at any time for any reason. Notwithstanding the foregoing, all obligations, which arose under this Agreement prior to its termination, will survive termination, including but not limited to, all representations, warranties, and covenants and indemnification obligations of the parties. By accessing this Web Site, you have directed your system to a computer located in the State of California. You agree that disputes arising out of or relating to the contents or use of this Web Site are to be governed by the laws of the State of California. You consent to the exclusive jurisdiction of courts sitting in the State of California in all disputes arising out of or relating to the contents or use of this Web Site. You agree that the venue of any action brought against LendingUniverse in federal court shall by in the United States District Court for the Central District of California, or in the Superior Court of Los Angeles County, California. You agree that all such disputes shall be tried by the court and hereby waive any right to trial by jury. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to reasonable attorney's fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including without limitation, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provisions 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 full force and effect. This Agreement constitutes the entire Agreement between you and LendingUniverse with respect to the use of this Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and LendingUniverse with respect to this 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 and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The rights and obligations under this Agreement may not be assigned, including by operation of law, without the expressed written consent of LendingUniverse. Failure or delay in exercising any right shall not act as a waiver of any right, nor shall any single or partial exercise of any right preclude any other or further exercise thereof. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party marking the waiver. Remedies herein are deemed as cumulative and nonexclusive of each other. Nothing contained in this Agreement shall be deemed to create, nor shall this Agreement be construed so as to create, a joint venture, agency or employment relationship between LendingUniverse and any lender, broker and/or borrower. This Agreement shall be construed as though drafted by both parties and shall not be construed against or in favor of any party. Captions and paragraph headings herein are for convenience only, and shall not be used in construing this Agreement. This Agreement shall not be effective until accepted by LendingUniverse, as evidenced by the registration submission acknowledgement. Any rights not expressly granted herein are reserved. DISPUTE BETWEEN MEMBERS LendingUniverse is acting only as a facility to help Members. LendingUniverse acts only as a data provider to its participating Members. LendingUniverse does not take part in the funding or arranging of any loans. LendingUniverse is not involved in any credit decision or any loan origination of any kind. All Members must conduct their own due diligence prior to and during any financial transaction. LendingUniverse does not guarantee any results to its Borrower and any other Members A dispute may arise about commission to brokers and or any other breach of agreement between Members. In such event each and every Member hereby indemnifies, defends and holds LendingUniverse, and its officers, directors, owners, agents, information providers, affiliates, licensors, licensees, and members (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any dispute between 2 or more Members, including reasonable attorneys' fees and costs. SITE LIMITATION Member hereby indemnifies, defends and holds LendingUniverse, and its officers, directors, owners, agents, information providers, affiliates, licensors, licensees, and members (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any technical failure in LendingUniverse. Technical failure may occur as a result of power failure, Site upgrade, faulty Internet connection, programming errors, database errors, and any other cause. Member hereby indemnifies, defends and holds LendingUniverse, and its officers, directors, owners, agents, information providers, affiliates, licensors, licensees, and members (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any Administration failure or flubs in LendingUniverse. Administration Failure and flubs can occur by reason of human error or computer error and are not limited by scope. ACCEPTABLE COMMUNICATION POLICY Lending Universe allows you to freely communicate with loan applicants and real estate professionals to collect additional information needed to close loan applications through LendingUniverse website. All Letters of Interest and Loan Approvals must be submitted through Lending Universe website. Selling/promoting any other products, services or websites to Lending Universe members is strictly prohibited. Circumventing Acceptable Use Policy will be reason for immediate account termination and legal action to the fullest extent of the law. PRIVACY Lending Universe's website has various methods available to you for attempting to limit the immediate distribution of information you place in your loan website. However, all such methods are imperfect (e.g., the Lending Universe website can be hacked, unauthorized parties may obtain the access codes of authorized parties, system or software failures, bugs, or engineering defects may allow unauthorized access, etc.). Further, even if only authorized parties (such as authorized brokers) access information you place on your loan site, those authorized parties may disseminate your information to others without your or Lending Universe's knowledge or approval. Lending Universe makes no warranties, representations or guarantees regarding the privacy of the information you place on your site and assumes no responsibility for such privacy. To enhance your results LendingUniverse may, at its discretion, refer and upload your loan request to one or more the following lenders: ameriquest.com, eloan.com, fullspectrum.com, premierequity.com, plcrealty.com, lowermybills.com, centurymgt.com and or other lenders as LendingUniverse see fits. (Depending on the nature of your loan request). As a condition of your usage of Lending Universe's website and your placement of private information on the site, you agree by your usage that Lending Universe will have no liability for the privacy or use of the information you place on your site nor liability for any damages resulting from the use of your information. More data about our privacy policy is contained and published on our webs site and the use acknowledge is part of our legal disclosure see "Privacy Policy and Security" statement. TERMINATION OF MEMBERSHIP In the event you terminate your membership, all existing borrowers that were entered into LendingUniverse through your website will remain Members of LendingUniverse. To remove the borrowers membership, you can deactivate them one by one. TERMINATION AND REFUND POLICY Member may terminate Member's account at any time by sending e-mail to adminstrator@lendinguniverse.com Promotional products provided with purchase by LendingUniverse are provided without an LendingUniverse warranty of any kind, expressed or implied, including those of merchantability and fitness for a particular purpose, or arising from a course of dealing, usage or trade practice. Any and all warranties available for promotional products are provided directly by the manufacturer. LendingUniverse makes no warranties or representations regarding the accuracy or completeness of the promotional product information provided. REPRESENTATIONS AND WARRANTIES Member represents, warrants and covenants: (a) that no materials of any kind submitted through Member's account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; (b) that Member's published materials on the LendingUniverse or use of the LendingUniverse does not violate any federal, state or local laws, including securities laws; and (c) that Member is at least eighteen years old. Member hereby indemnifies, defends and holds LendingUniverse, and its officers, directors, owners, agents, information providers, affiliates, licensors, licensees, and members (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by Member of this Agreement, including, reasonable attorneys' fees and costs. THE LendingUniverse IS USED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MEMBER HEREBY ACKNOWLEDGES THAT USE OF THE LENDINGUNIVERSE.COM IS AT MEMBER'S SOLE RISK. |
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