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User Agreement
Todaysmortgage.net offers you, the "User," services that are conditioned on your acceptance of the terms contained in this agreement and your acceptance of these terms without modification, conditions, and notices. Your use of Todaysmortgage.net services constitutes your agreement to all such terms, conditions, and notices.
Todaysmortgage.net reserves the right to modify in its sole discretion this agreement and or the Todaysmortgage.net web site without providing notification. You are responsible for regularly reviewing the Agreement.
Please do not visit or use any of the Todaysmortgage.net web sites or any page that is part of the Todaysmortgage.net web site if you do not wish to be bound by these terms of use.
Todaysmortgage.net has taken reasonable and appropriate measures to deliver and disclose your personal information only in accordance with your instructions, but cannot and does not guarantee that others will not intercept your personal information you provide. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Todaysmortgage.net web site.
You agree to provide true, complete and accurate information on your request form that mortgage professionals may keep, whether or not you qualified for their loan. You also agree to refrain from impersonating or falsely representing your affiliation with any person or entity.
• Todaysmortgage.net is not a lender or mortgage professional.
• Todaysmortgage.net does not make loans or related credit decisions.
• Todaysmortgage.net does not endorse or recommend products of any particular Lender or mortgage professional.
• Todaysmortgage.net is not an agent of you, the User, or any participating Lender or mortgage professional.
Todaysmortgage.net services are administrative only. You should decide for yourself which loan product is best for you financially and personally. You agree that the mortgage professional is solely responsible for its services to you. You also agree that Todaysmortgage.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.
Lenders and mortgage professionals can offer their products as per licensing requirements by state. Todaysmortgage.net does not guarantee acceptance of the User into any loan program. Todaysmortgage.net does not guarantee specific loan terms and does not guarantee conditions with any participating Lender or mortgage professional. The User understands that an individual Lender establishes and maintains loan approval standards. Todaysmortgage.net does not guarantee that any of the participating lenders mortgage professionals participating on this web site offer the best terms or lowest rates available in the market.
The User understands that Todaysmortgage.net or any related material contained herein shall not constitute an offer or promise for a loan commitment or interest rate. Todaysmortgage.net does not charge you, the User, a fee to use our service. Mortgage professionals and lenders pay Todaysmortgage.net for the goods, facilities and services provided. Your use of Todaysmortgage.net services constitutes your agreement with this compensation arrangement.
Copyright and trademark notices
All contents of this Web site are: Copyright © 2003-2004 Todaysmortgage.net. All rights reserved.
Disclaimers and limitations
Todaysmortgage.net intends to have accurate and reliable information contained in its web site; however, errors may occur. In addition, Todaysmortgage.net may change and improve the information provided herein at any time. The web site and the information, products and services are “As Is.” Todaysmortgage.net disclaims any warranty of any kind, whether expressed or implied, as to any matter whatsoever relating to the web site and any information, products, and services provided herein, including without limitation the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement use of Todaysmortgage.net's services at your own risk. Use of Todaysmortgage.net's services is at your own risk. Todaysmortgage.net is 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 Todaysmortgage.net's services or with the delay or inability to use the web site or for any information products or services obtained from the use of the web site, whether resulting in whole or in part, from breach of contract, tortuous behavior, negligence, strict liability or otherwise, even if Todaysmortgage.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 Todaysmortgage.net and its suppliers, affiliates, executives, employees, participating Lenders, or other related marketing and mortgage professionals from any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of Todaysmortgage.net's services, including without limitation any claims alleging facts that if true would constitute a breach by you of this agreement.
Errors and delays
Todaysmortgage.net 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.
Dispute resolution
Any claim or controversy arising out of or relating to the use of Todaysmortgage.net's services, to the goods or services provided by Todaysmortgage.net, or to any acts or omissions for which you may contend Todaysmortgage.net is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by an arbitration venue in Los Angeles, 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 Todaysmortgage.net. In any arbitration, Todaysmortgage.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, 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 TODAYSMORTGAGE.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 Todaysmortgage.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 Todaysmortgage.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, 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 Todaysmortgage.net and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Todaysmortgage.net with respect to the web site and information, 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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