| |
This Web site is
offered to you, the "User," conditioned on your acceptance without
modification, of the terms, conditions, and notices contained in this
agreement. Your use of this Web site constitutes your agreement to all
such terms, conditions, and notices.
LOAN ORIGINATION SERVICES
All of the information you have provided online on our form or application
is true and complete. You authorize HardMoneyDirect.net to provide your information
to up to four Lenders. HardMoneyDirect.net is not a lender and does not make
loans or credit decisions in connection with loans. HardMoneyDirect.net does
not endorse or recommend the products of any particular Lender on HardMoneyDirect.net.
HardMoneyDirect.net is not an agent of either you, the User, or any participating
Lender. HardMoneyDirect.net'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 HardMoneyDirect.net
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 HardMoneyDirect.net 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.
HardMoneyDirect.net 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. HardMoneyDirect.net 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,
HardMoneyDirect.net 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. HardMoneyDirect.net
does not charge you, the User, a fee to use our service. HardMoneyDirect.net
is paid a fee by participating Lenders for the goods, facilities and services
provided. Your use of this Web site constitutes your agreement with this
compensation arrangement.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Web site are: Copyright © 2005 HardMoneyLeads.com,
Inc., and/or its suppliers, participating Lenders, or real estate professionals,
1719 Silverwood Dr., Martinez, CA. U.S.A. All rights reserved. HardMoneyDirect.net
is a service mark of Simple Results. Other product and company names mentioned
herein, including the names of participating Lenders, may be the trademarks
of their respective owners.
DISCLAIMERS AND LIMITATIONS
HardMoneyDirect.net intends that the information contained in this Web site
be accurate and reliable; however, errors sometimes occurs. In addition,
changes and improvements to the information provided herein may be made
by HardMoneyDirect.net at any time. THIS WEB SITE AND THE INFORMATION, SOFTWARE,
PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS."
HardMoneyDirect.net 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 IS AT YOUR OWN RISK. HardMoneyDirect.net 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 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 HardMoneyDirect.net 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.
INDEMNITY
As a condition of use of this Web site, you agree to indemnify HardMoneyDirect.net
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. HardMoneyDirect.net
does not operate or control in any respect any information, software,
products or services available on such Web sites. HardMoneyDirect.net'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
HardMoneyDirect.net is not responsible for any errors or delays in responding
to an application 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 HardMoneyDirect.net, or to
any acts or omissions for which you may contend HardMoneyDirect.net is liable,
including but not limited to any claim or controversy as to arbitrability
("Dispute"), shall be finally, and exclusively, settled by arbitration
venued in Los Angeles County, California. 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 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 HardMoneyDirect.net.
In any arbitration, HardMoneyDirect.net 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. To begin the arbitration
process, a party must make a written demand therefore.
Any judgment upon the award rendered by the arbitrators
may be entered in any court of competent jurisdiction in Los Angeles 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.
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 HardMoneyDirect.net 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 HardMoneyDirect.net'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 HardMoneyDirect.net, the parties agree that jurisdiction
over and venue of any suit shall be exclusively in the state and federal
courts sitting in Los Angeles 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 HardMoneyDirect.net
and it supersedes all prior or contemporaneous communications, promises
and proposals, whether oral, written or electronic, between you and HardMoneyDirect.net
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.
|
|
|