TERMS OF
SERVICE
FinancialAve.com
(sometimes referred to as the "Website") is offered
to you (the "User") by Impact Business Solutions,
Inc. (the "Company") conditioned on your acceptance
without modification of the terms, conditions, and notices contained
in this "Terms of Service" section (the "Agreement").
Your use of the Website constitutes your agreement to all such
terms, conditions and notices. The Company may change the "Terms
of Service" section from time to time. By continuing to
use the Website following such modifications, you agree to be
bound by such modifications to the Terms of Service.
Description
of the Service Offered.
FinancialAve.com is a computerized program which provides a mechanism
pursuant to which consumers can obtain information regarding
lenders and mortgage brokers. FinancialAve.com is not a lender
or mortgage broker and does not make loans or credit decisions
in connection with loans. The Company is not an agent of the
User or any participating lender or mortgage broker.
The listing of
companies on the Website, and/or your ability to "click-through"
to another website from the Website, or the forwarding of your
information form to a participating lender or mortgage broker,
does not constitute a referral. Information contained on the
Website is provided for general informational purposes. You
may choose to use or not to use the information contained on
the Website. FinancialAve.com does not recommend, refer, advise,
or prefer individuals to use any particular company. In all
cases, you should make your own judgments as to which service
providers to use. The lender or mortgage broker is solely responsible
for its services to you, and you agree that the Company shall
not be liable for any damages or costs of any type arising out
of or in any way connected with your use of any lender or mortgage
broker's services.
The information
form you submit is NOT an application for credit or a loan.
It is a request for lender or mortgage broker information. You
will have to complete an application with a lender or mortgage
broker before they will extend a loan offer to you. The Company
does not guarantee that the loan terms or rates offered and
made available by participating lenders or mortgage brokers
will be the lowest rates available in the marker or will have
the best terms. Nothing contained herein shall constitute an
offer or promise for a loan commitment or interest rate lock-in
agreement.
The Company does
not charge the User any fees for its services. The Company receives
its compensation from advertisers on the Website and from lenders
and mortgage brokers for goods, services and/or facilities actually
provided by the Company. The Company's compensation from lenders
and mortgage brokers varies according to quantity and filtering
requirements.
Your information
form will be forwarded to up to three lenders or mortgage brokers,
who will make certain disclosures to you. However, Company (and
its participating lenders and mortgage brokers) does not guaranty
that any lender or mortgage broker will contact you. Whether
a lender or mortgage broker contacts you is based upon a neutral
filtering process administered by FinancialAve.com, and the decision
of the participating lender or mortgage broker.
User promises that
all of the information User has provided on its information
form is true and complete. User authorizes the Company to forward
User's information to its network of participating lenders and
mortgage brokers. User understands that these persons may keep
User's information, whether or not User completes a real estate
transaction with them.
Nothing in the
Website constitutes an offer, promise or otherwise, either to
make a specific loan or that any participating lender or mortgage
broker will make any loan for any purpose or on any specific
terms. All loan related decisions are made by the participating
lender or mortgage broker in the course of its normal business
operations, and any applicable loan offerings are made to qualified
applicants in separate loan and related documents which are
required by applicable state and federal laws of the United
States of America. Loans may only be made to residents of states
where participating lenders or mortgage brokers are licensed
and/or authorized to make such loans. By acquiring your information
through the Website, participating lenders and mortgage brokers
are not attempting to make loans outside their authorized states
or country.
The Company reserves
the right to change any information on the Website, including
but not limited to, revising and/or deleting loan products or
loan related information as offered by participating lenders
or mortgage brokers without prior notice. The Company further
reserves the right to discontinue the offering of loan products
or loan related information in any specific state.
Warranties and Limitation of Liability.
You acknowledge and agree that you must: (a) provide for your
own access to the World Wide Web and pay any service fees associated
with such access, and (b) provide all equipment necessary for
you to make such connection to the World Wide Web, including
a computer and modem. By using the Website, including any applets,
software, and content contained therein, you agree that use
of the Website is entirely at your own risk.
THE WEBSITE, ITS
USE AND THE SERVICES THAT THE WEBSITE PROVIDES IS PROVIDED "AS
IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
SPECIFICALLY, THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES,
INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING
THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION,
PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY
OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE (EVEN IF THE COMPANY IS AWARE OF THE
POSSIBILITY OF DAMAGES). THIS DISCLAIMER OF LIABILITY APPLIES
TO ANY DAMAGES OR INJURY CAUSED FOR ANY REASON, INCLUDING, BUT
NOT LIMITED TO, BY OR AS A RESULT OF ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION
OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF,
OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS
BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
NEITHER THE COMPANY
NOR ANY OF ITS STOCKHOLDERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS,
ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE
LIABLE TO YOU OR OTHER THIRD PARTIES FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
OR RELATED TO THE WEBSITE, ITS USE AND/OR THE SERVICES THAT
THE WEBSITE PROVIDES OR YOUR INABILITY TO GAIN ACCESS TO OR
USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY
OF THE COMPANY, ITS STOCKHOLDERS, DIRECTORS, EMPLOYEES, AGENTS,
SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS
IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
Proprietary
Rights.
The Company is the owner and/or authorized user of any trademark,
registered trademark and/or service mark appearing on the Website,
and is the copyright owner or licensee of the content and/or
information on the Website including but not limited to any
screens appearing on the Website. You may not download and/or
save a copy of any of the screens except as otherwise provided
in this Agreement, for any purpose. However, you may print a
copy of the information on the Website for your personal use
or records. If you make other use of the Website, except as
otherwise provided above, you may violate copyright and other
laws of the United States and other countries, as well as applicable
state laws and you may be subject to penalties. The Company
does not grant any license or other authorization to any User
of its trademarks, registered trademarks, service marks, or
other copyrightable material or other intellectual property,
by placing them on the Website.
Links from and
to this Website.
You acknowledge and agree that the Company has no responsibility
for the accuracy or availability of information provided by
linked sites. Links to external websites do not constitute an
endorsement by the Company of the sponsors of such websites
or the content, products, advertising or other materials presented
on such sites.
Information in
the web pages that are linked to the Website comes from a variety
of sources. Some of this information comes from official Company
licensees, but much of it comes from unofficial or unaffiliated
organizations and individuals, both internal and external to
the Company. The Company does not author, edit, or monitor any
of these pages or links. You acknowledge and agree that the
Company shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or
in connection with use of or reliance on any such content, goods
or services available on such external websites or resources.
The Company may
use third-party advertising companies to serve ads on the Website.
These companies may employ cookies and action tags (also known
as single pixel gifs or web beacons) to measure advertising
effectiveness. Any information that these third parties collect
via cookies and action tags is completely anonymous. If you
would like more information about this practice and your choices,
click
here.
Compliance with
Laws and Regulations.
Your access to and use of the Website are subject to all applicable
federal, state, local, and international laws and regulations.
Privacy.
Except as may otherwise be required by law, the Company adheres
to the "Privacy
Policy" posted on the Website. You should be aware,
however, that a linked website may contain privacy policies
that differ from the Company's policy. Neither the Company nor
its stockholders, directors, employees, agents, successors,
assigns or affiliates are responsible for any of those other
websites' provisions and expressly disclaim any liability related
to such policies.
Unauthorized
Links.
The Company prohibits unauthorized hypertext links to the Website
or the framing of any content available through the Website.
The Company reserves the right to disable any unauthorized links
or frames.
Use of "Cookies."
The Company reserves the right to store information on your
computer in the form of a "cookie" or similar file
or device for the purpose of modifying the Website to enhance
your browsing experience and track your website navigation preferences.
If you do not wish to permit "cookies" to be stored
on your computer, you may disable them by following the instructions
provided with your browser software. If you elect to disable
"cookies," however, please be aware that you will
not be able to use certain websites and that your browsing experience
at the Company's Website and other sites may suffer.
Violations of
Terms of Use.
The Company reserves the right to seek all remedies available
for violation of the Agreement, including the right to block
access from a particular Internet address to the Website.
Indemnification.
User agrees to indemnify and hold harmless the Company and its
stockholders, directors, employees, agents, successors, assigns
and affiliates from and against (and will pay upon demand each
such person the amount of) any and all third-party claims, demands,
losses, liability, damages, or expenses (including reasonable
attorney's fees) resulting from, arising out of, relating to
or caused by any breach by User of any covenant or other agreement
of User contained in this Agreement or any breach by User of
any representation or warranty of User contained in this Agreement.
In connection with any action or proceeding that may give rise
to an obligation of User to indemnify a person as set forth
above, the Company shall have the exclusive right, at its option,
to defend, compromise and/or settle the action or proceeding,
and the User shall be bound by the determination of any action
or proceeding so defended or any compromise or settlement so
effected. The remedies provided in this section are not exclusive
of and do not limit any other remedies that may be available
to the Company or any other party to be indemnified pursuant
to this section.
Applicable Law;
Forum.
All questions concerning the construction, validity, and interpretation
of this Agreement and the performance of the obligations imposed
by this Agreement shall be governed by the internal law, not
the law of conflicts, of the State of Maryland. Any suit, action
or proceeding against either the Company or User with regard
or related to this Agreement, the rights and obligations of
the User or the Company under this Agreement, the Website, the
use of the Website and/or the services that the Website provides
shall be brought in the United States District Court for the
District of Maryland - Northern Division, located in Baltimore
City, Maryland or, if federal jurisdiction is not available,
in the appropriate court of the State of Maryland that is located
in Baltimore City, Maryland. The User and the Company hereby
irrevocably consent to the jurisdiction of the aforementioned
courts. In addition, and notwithstanding the foregoing, the
User irrevocably waives, to the fullest extent permitted by
law, any objection that it may now or hereafter have to the
laying of the venue of any such suit, action or proceeding brought
in any such court and any claim that any such suit, action or
proceeding brought in any such court has been brought in an
inconvenient forum. Final judgment in any such suit, action
or proceeding brought in any such court shall be conclusive
and binding upon User and may be enforced in any court in which
User is subject to jurisdiction by a suit upon such judgment.
Waiver of Trial
by Jury.
THE COMPANY AND USER EACH HEREBY WAIVE THE RIGHT TO A TRIAL
BY JURY IN ANY COURT AND IN ANY SUIT, ACTION OR PROCEEDING,
WHETHER IN TORT, CONTRACT OR OTHERWISE, IN WHICH ANY SUCH PARTY,
OR ANY SUCCESSOR OR ASSIGN OF SUCH PARTY, ARE PARTIES, AS TO
ALL MATTERS AND THINGS ARISING OUT OF OR RELATING, DIRECTLY
OR INDIRECTLY, TO THIS AGREEMENT, THE RIGHTS AND OBLIGATIONS
OF THE USER OR THE COMPANY UNDER THIS AGREEMENT, THE WEBSITE,
THE USE OF THE WEBSITE AND/OR THE SERVICES THAT THE WEBSITE
PROVIDES.
Other
Terms.
Severability.
If any provision of this Agreement shall be held to be invalid
or unenforceable for any reason, the remaining provisions shall
continue to be valid and enforceable. If a court finds that
any provision of this Agreement is invalid or unenforceable,
but that by limiting such provision it would become valid and
enforceable, then such provision shall be deemed to be written,
construed and enforced as so limited.
Waiver of Contractual
Right. The failure of the Company to enforce any provision
of this Agreement shall not be construed as a waiver or limitation
of the Company's right to subsequently enforce and compel strict
compliance with that provision or any other provision of this
Agreement.
Parties in Interest.
This Agreement shall be binding upon, inure to the benefit of,
and be enforceable by the parties to this Agreement and their
respective successors, heirs, legatees, personal representatives
and permitted assigns. No assignment, delegation or other conveyance
of this Agreement or of any rights or obligations hereunder
may be made by User (by operation of law or otherwise) without
the prior written consent of the Company. The Company may assign
its rights and obligations under this Agreement to any other
party.
Headings.
The headings and other captions in this Agreement are for convenience
and reference only and shall not be used in interpreting, construing
or enforcing any of the provisions of this Agreement. Common
nouns and pronouns will be deemed to refer to the masculine,
feminine, neuter, singular, and plural, as the context may require.
Entire Agreement.
This Agreement constitutes the entire agreement between the
User and the Company and it supersedes all prior or contemporaneous
communications, promises and proposals, whether oral, written
or electronic, between you and the Company with respect to the
Website, the use of the Website and/or the services that the
Website provides. 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.
PLEASE PRINT AND
RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
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