Last Updated; Novemeber 23, 2002
As a global leader in data management solutions, LenderSquare knows the value of information. We also understand the privacy issues involved in using the Internet and we appreciate your trust. For these reasons, we believe that you have the right to know exactly how we collect and use information on our websites. 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.
SECURITY POLICY
Lender Square uses extensive and sophisticated secure technology to protect your data and transmissions between you, Lender Square, lenders participating in this Web site (the "participating lenders"), and real estate professionals participating in this web site (the "real estate professionals").
Although Lender Square has taken these reasonable and appropriate measures to ensure that your personal information is delivered and disclosed only in accordance with your instructions, Lender Square cannot and does not guarantee that the personal information you provide will not be intercepted by others and decrypted.
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LOAN ORIGINATION SERVICES
All of the information you have provided in this qualification form or application is true and complete. You authorize Lender Square and up to five financial institutions to whom Lender Square provides this information to check your credit and employment history, to answer questions regarding their credit history with you, and provide that information to credit bureaus and to return their decision to you via the Lender Square system. At the present time, Fair, Isaac and Co. (the company that provides "FICO" credit scores) reports that, for mortgage, home equity or auto loans, it consolidates all credit inquiries that occur within a 14-day period into one inquiry for scoring purposes. You understand that financial institutions may keep this form, whether or not you are qualified for a loan with them. Lender Square is not a lender and does not make loans or credit decisions in connection with loans. Lender Square does not endorse or recommend the products of any particular lender on LenderSquare.com. Lender Square is not an agent of either you, the User, or any participating lender. Lender Square'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 Lender Square 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 Lender Square 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. Lender Square 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. Lender Square 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, Lender Square 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. Lender Square is a free service to you, the User. However, Lender Square 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.
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REAL ESTATE SERVICES
All of the information you have provided in this referral form is true and complete. You authorize Lender Square to forward your information to its network of real estate professionals. You understand that these real estate professionals may keep this form, whether or not you complete a real estate transaction with them. Lender Square does not list or sell homes. Real estate brokerage activities are performed by local licensed real estate brokers. Lender Square acts as a referring service by referring you to a local real estate broker. For its services, Lender Square receives a real estate brokerage referral fee. Your use of this Web site constitutes your agreement with this compensation arrangement.
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COPYRIGHT AND TRADEMARK NOTICES
All contents of this Web site are: Copyright © 1999-2001 MC Development, Inc. and/or its suppliers, participating lenders, or real estate professionals, U.S.A. All rights reserved. Lender Square is a service mark of MC Development, Inc. Other product and company names mentioned herein, including the names of participating lenders, may be the trademarks of their respective owners.
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What are cookies and how does LenderSquare use them?
A cookie is a small data file that certain Web sites write to your hard drive when you visit them. A cookie file can contain information (such as a user ID) that the site uses to track the web pages you have visited or how often you've visited LenderSquare's site. However, the only personal information a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk and one Web site cannot read a cookie file created by another Web site. If you have set your browser to warn you before accepting cookies, you will receive the warning message with each cookie. You can refuse cookies by turning them off in your browser. (For information about turning on/off cookies in your browser, see your browser's user documentation.) For further information on how and for what purposes uses cookies, click here.
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DISCLAIMERS AND LIMITATIONS
Lender Square 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 Lender Square at any time. THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." LENDERSQUARE 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. LENDERSQUARE 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 LENDERSQUARE 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.
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INDEMNITY
As a condition of use of this Web site, you agree to indemnify Lender Square 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.
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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. Lender Square does not operate or control in any respect any information, software, products or services available on such Web sites. Lender Square'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.
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ERRORS AND DELAYS
Lender Square 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.
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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 Lender Square, or to any acts or omissions for which you may contend Lender Square 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 Phoenix, Arizona. 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 Lender Square. In any arbitration, Lender Square 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 therefor.
Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Phoenix, Arizona. 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 LENDERSQUARE 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 Lender Square'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 Lender Square, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Phoenix, Arizona. 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.
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OTHER TERMS
This Agreement constitutes the entire agreement between you and Lender Square and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Lender Square 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 Arizona, 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.
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