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 HardMoney-Loans.com
to provide your information to up to four Lenders. HardMoney-Loans.com
is not a lender and does not make loans or credit decisions in
connection with loans. HardMoney-Loans.com does not endorse or recommend
the products of any particular Lender on HardMoney-Loans.com. HardMoney-Loans.com
is not an agent of either you, the User, or any participating
Lender. HardMoney-Loans.com'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
HardMoney-Loans.com 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 HardMoney-Loans.com
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. HardMoney-Loans.com
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. HardMoney-Loans.com 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,
HardMoney-Loans.com 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. HardMoney-Loans.com does not charge you,
the User, a fee to use our service. HardMoney-Loans.com 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 © 2006 HardMoneyLeads.com, Inc. and/or its suppliers, participating Lenders, or real
estate professionals, 1719 Silverwood Dr., Martinez, CA. U.S.A.
All rights reserved. HardMoney-Loans.com 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
HardMoney-Loans.com 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 HardMoney-Loans.com at any time. THIS WEB SITE
AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED
WITH IT ARE PROVIDED "AS IS." HardMoney-Loans.com 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. HardMoney-Loans.com 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 HardMoney-Loans.com
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
HardMoney-Loans.com 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. HardMoney-Loans.com does not operate or control in any respect
any information, software, products or services available on such
Web sites. HardMoney-Loans.com'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
HardMoney-Loans.com 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 HardMoney-Loans.com,
or to any acts or omissions for which you may contend HardMoney-Loans.com
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 HardMoney-Loans.com. In any arbitration, HardMoney-Loans.com 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 HardMoney-Loans.com 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 HardMoney-Loans.com'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 HardMoney-Loans.com,
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
HardMoney-Loans.com and it supersedes all prior or contemporaneous
communications, promises and proposals, whether oral, written
or electronic, between you and HardMoney-Loans.com 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.
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