NameYourLoan.com’s Terms of UseEffective 04/01/2007 IMPORTANT: Please read this Terms of Use Agreement (the "Agreement") carefully. The Agreement governs your use of the NameYourLoan.com. Website (the "Website") and the services provided through or in connection with the Website (collectively, the "Service"). Each time you use the Service, you acknowledge that you have read and agree to be bound by the Agreement. If you do not agree to be bound by the Agreement, you may not use the Service. 1. NameYourLoan.com IS ONLY A VENUE. The Website acts as an online meeting place for you to find and transact with other users, Lenders, Borrowers (the "Users"). NameYourLoan.com does not act as a broker, lender or seller. NameYourLoan.com is not a party to any transaction you may make with a broker, lender or third party affiliates. NameYourLoan.com is not a party to any agreement you may make with a lender, broker or third party affiliate with regard to any products including loan products. Any information you provide to a lender or broker in connection with your application remains with that lender, broker or third party affiliate. A. NameYourLoan.com is not responsible or liable for any products, services, information or other materials displayed, purchased, or obtained by you from the Website, including, without limitations, any agent referrals, loan recommendations, application, approval, pre-qualification, loan or interest rate analysis. Nothing on the Website contains an offer, promise or otherwise from NameYourLoan.com to make a specific loan or that any participating lender or broker will make any loan for any purpose or on any specific terms. B. NameYourLoan.com does not endorse, warrant or guarantee the products or services of any lender, broker or third party affiliate, including, without limitations, any rates, points and loan programs posted by lenders or brokers. Nothing on the Website constitutes an advertisement for credit as defined by Paragraph 226.24 of Regulation Z. C. NameYourLoan.com is not liable for any delays, inaccuracies, errors or omissions with respect to the information or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the information. NameYourLoan.com is not liable for any acts or omission of acts of any lender, broker or third party affiliate on the Website. You assume the entire risk as to the accuracy, adequacy, completeness, currency, validity and quality of any information relating to the Services. D. Any information on the Website can change without notice.
2. TRANSACTIONS. You may post content or view content posted by others on the Service. NameYourLoan.com does not monitor such content. You may act as borrower or lender and correspond with, participate in promotions by, and conduct transactions with the Users. NameYourLoan.com is not a party to the transactions between you and the Users of the Website. The Agreement and any terms of service established by third parties govern all transactions through the Service. By participating in a transaction through the Service, you agree and accept the Agreement and any terms of service established by third parties. NameYourLoan.com and any of NameYourLoan.com's Co-branded Partners, Licensees and Affiliates (collectively "NameYourLoan.com Partners") assume no liability, obligation or responsibility in connection with any transactions between you and the Users of the Website. If you have a dispute with the Users or any third party, you release NameYourLoan.com (and its agents and employees) and its service providers from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor," as well as any other statute or common law principle of similar effect. 3. LINKS. NameYourLoan.com and NameYourLoan.com’s Partners may provide links to external websites or resources for your convenience and reference only. NameYourLoan.com and NameYourLoan.com’s Partners do not endorse and are not responsible for the availability of these external websites or resources or for any content, advertising, products, or other materials on or available from such external websites or resources. Your use of and dealings with the owners or operators of these external websites or resources are at your own risk. You cannot make any claim against NameYourLoan.com or its service providers arising out of your use of external websites or resources. 4. NameYOurLoan.com. NameYourLoan.com is a venue for borrowers and lenders to meet on the Website. NameYourLoan.com is not a party to any transaction between sellers and buyers. NameYourLoan.com has no control over the legality, truth, accuracy, or quality of the loan products. NameYourLoan.com has no control over the business practices of the lenders, brokers or third party affiliates and the practices of the borrowers. You understand and agree that all transactions that occur through NameYourLoan.com are strictly between you and Users, and that NameYourLoan.com has no responsibility or liability with respect to any part of the transaction or any issues related directly or indirectly to such transaction. NameYourLoan.com disclaims all warranties that may relate in any way to any loan products listed on NameYourLoan.com web site. You agree to hold NameYourLoan.com harmless and indemnify NameYourLoan.com and its subsidiaries, affiliates, and NameYourLoan.com Partners and their respective directors, officers, employees and agents against any and all claims with respect to any transactions you are involved in with other Users. You agree to notify NameYourLoan.com of any activity that you believe is fraudulent, deceptive, and misleading. You may disclose personal information directly to Users or through NameYourLoan.com, You understand and accept the risk that Users may misuse your personal information. NameYourLoan.com does not guarantee the identities of Users nor does NameYourLoan.com guarantee the accuracy of the information supplied by Users. You acknowledge and agree that NameYourLoan.com shall not in any way be held responsible or liable for any resulting harm or damage that may result from any misuse of your personal information. You acknowledge and agree that you or NameYourLoan.com may terminate your ability to use NameYourLoan.com’s services at any time. MEMBER REGISTRATION. You must register as a Member with NameYourLoan.com to access certain functions of the Website. You must provide certain current, complete, and accurate information about yourself (the "Registration Data") when registering as a Member or updating your Registration Data. You agree not to misrepresent your identity. You agree to maintain and keep your Registration Data current and to update the Registration Data as soon as it changes. You are responsible for maintaining the security of your password. NameYourLoan.com and its service providers are not liable for any loss that you may suffer through the use of your password by others. You agree to notify NameYourLoan.com immediately of any unauthorized use of your account or of any other breach of security known to you with respect to the Service. You agree to report any violations of this Agreement by others. 5. OWNERSHIP. All of the material included on the Website, including but not limited to trademarks, text, graphics, logos and service marks (collectively, the "Content"), is the property of NameYourLoan.com and other parties. U.S. and international copyright laws protects all Content available on the Website. Your use of the Service and the Content does not transfer to you any ownership or other rights in the Service or the Content. You may download Content displayed on the Website for your personal, noncommercial use only, provided you also retain all copyright and other proprietary notices contained on the Content. You may not modify, copy, distribute, transmit, display, publish, sell, license, or create derivative works using any of the Content for commercial or public purposes. 6. LICENSE. A. Grant of License. You hereby grant to NameYourLoan.com, on all media, whether now known or hereinafter devised, a non-exclusive, worldwide, assignable, royalty-free license to: display, publish, use, reproduce, reformat, compile, archive, distribute, and transmit all materials provided by you to NameYourLoan.com that are not clearly marked as confidential ("Member Content") and display your name, trademarks and service marks (as used in connection with Member Content). You may submit Member Content only in accordance with NameYourLoan.com 's current content submission guidelines. NameYourLoan.com shall have no obligation to post Member Content, may remove Member Content, or may change or discontinue the Website at any time in its sole discretion. NameYourLoan.com has no obligation to monitor Member Content submitted by you or others in connection with the Website. Unless or until NameYourLoan.com specifies another form of delivery of Member Content or another URL address, you may submit Member Content to NameYourLoan.com at http://www.NameYourLoan.com. As the sole consideration for the license and rights granted to NameYourLoan.com under the Agreement, NameYourLoan.com will consider posting Member Content on the Website. B. Ownership, Copyright and Trademarks. You retain all right, title and interest (subject to the license granted herein) in and to Member Content you submit to NameYourLoan.com, and represent and warrant that such Member Content and the license granted herein (i) is factually accurate; (ii) does not violate any intellectual property rights; (iii) does not contain information which is obscene or defames, libels or otherwise injures or interferes with the privacy of others; and (iv) does not require the payment of any kind by NameYourLoan.com to others. 7. ACCEPTABLE USE OF THE WEBSITE. Your use of the Service must be lawful and consistent with the security and reliability of the Service and the World Wide Web. In addition, the following rules apply to your use of the Service: 1. You certify to NameYourLoan.com that you are at least 18 years of age. 2. You assume full responsibility for the use of the Service by any minors. 3. Only users residing or located in the United States of America may register as Members. 4. Your use of the Service is subject to all applicable local, state, national and international laws and regulations. Your conduct is subject to Internet regulations, policies and procedures. 5. You are solely responsible for the content of your transmissions. You acknowledge and agree that NameYourLoan.com does not endorse the actions, the contents of communications, or the products of the Users. 6. You must obtain and maintain any equipment or ancillary services needed to connect to, access or otherwise use the Service, including, without limitation, modems, hardware, software, and long distance and local telephone service. You are responsible for ensuring that such equipment and ancillary services are compatible with the Service. 7. You must complete all transactions you agree to complete in connection with the Service. 8. You must abide by all of the-then current terms of NameYourLoan.com 's Privacy Policy as set forth on the Website and as updated from time to time by NameYourLoan.com in its sole discretion. 8. PROHIBITED CONDUCT. You must not: (a) use the Service for any illegal purpose or for the transmission of any material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortious, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another, including the sale of pornography, firearms and ammunition, living creatures and parts of endangered species, stocks and other securities, drugs and drug paraphernalia, human body parts and remains; (b) directly or indirectly interfere or attempt to interfere with the proper working of the Website, any account, or any communication or transaction being conducted on our Website; (c) use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the Content without our prior expressed written permission; (d) take any action which imposes an unreasonable or disproportionately large load on our infrastructure, (e) use or disclose (to anyone except NameYourLoan.com) any information you obtain about or from other users of the Service, or you obtain from NameYourLoan.com if such information is marked confidential, for any purpose except fulfillment of orders initiated by the Users or negotiating prices with the Users, (f) conduct fraud, hide or attempt to hide your identity, represent yourself as someone else, or manipulate or attempt to manipulate prices, compromise or attempt to compromise the security of any account, interfere or attempt to interfere with the proper working of the Service, or (g) send any unsolicited e-mail or advertising to any known user., 9. PRIVACY POLICY. Please see NameYourLoan.com's Privacy Policy. By accepting the Agreement, and each time you use the Service, you consent to NameYourLoan.com 's collection, use and disclosure of your information or Registration Data in accordance with the Privacy Policy without any further notice or any liability to you or any other person. 10. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. NameYourLoan.com PROVDIES THE SERVICE ON AN "AS IS" BASIS. NameYourLoan.com AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. NameYourLoan.com AND ITS SERVICE PROVIDERS MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO NameYourLoan.com OR ITS SERVICE PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, AS TO CONFIDENTIALITY OR PRIVACY OF ANY OF USER'S INFORMATION REGISTRATION DATA, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. NameYourLoan.com AND ITS SERVICE PROVIDERS MAKE NO WARRANTY REGARDING ANY TRANSACTIONS CONDUCTED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE AND ARE NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY LENDERS OR OTHER USERS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NameYourLoan.com OR THROUGH THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. While NameYourLoan.com takes reasonable steps to safeguard and to prevent unauthorized access to your information and Registration Data, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL NameYourLoan.com BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR INFORMATION OR REGISTRATION DATA, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER NameYourLoan.com WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. 11. LIMITATION OF LIABILITY. NameYourLoan.com AND ITS SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF NameYourLoan.com OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL NameYourLoan.com AND ITS SERVICE PROVIDERS EVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER OTHER FAULT OR WRONGDOING BY NameYourLoan.com OR ITS SERVICE PROVIDERS OR ANY PERSON FOR WHOM EITHER NameYourLoan.com OR ITS SERVICE PROVIDERS ARE RESPONSIBLE, IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO NameYourLoan.com FOR THE USE OF THE SERVICE WHICH IS THE SUBJECT OF THE CLAIM. 12. INDEMNIFICATION. You agree to indemnify and hold NameYourLoan.com, its subsidiaries, affiliates, officers and employees, and service providers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, the violation of this Agreement by you, or the infringement by you, or other user of the Service using your computer, of any intellectual property or other right of any person or entity. Even though prohibited, people may provide information that is offensive, false, harmful, or deceptive. NameYourLoan.com and its Service providers assume no responsibility whatsoever for such content or actions. 13. RELEASE. YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE NameYourLoan.com AND ITS SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE. 14. TERMINATION. If you breach any provision of this Agreement, you may no longer use the Service. NameYourLoan.com may, in its sole discretion, change, suspend, or terminate, temporarily or permanently, the Service or any part of it at any time, for any reason, without notice to you and without liability to you or any other person. If NameYourLoan.com terminates this Agreement for any reason, it continues to apply and bind you with respect of your prior use of the Service, including payment of any charges accrued in connection with use of the Service. Upon termination, NameYourLoan.com may remove from the Website and permanently delete and destroy any Member Content that you or others may have posted or submitted without any prior notice or liability to you or any other person. Lenders acknowledge that upon conclusion of every transaction, borrowers get to rate lenders for the quality of their service. In the event that any lender receives a less than perfect rating from borrowers, NameYourlOan.com reserves the right to terminate services for that lender without any prior notice. 15. Lender Licensing. Lenders acknowledge and agree that, it is their sole responsibility to maintain all the necessary licensing requirements as set forth by the states in which they wish to conduct business in. Lenders further agree that they would only request to receive business in states where they hold a valid lending license. 16. Fees. NameYourLoan.com does not charge any fees from lenders or borrowers. All services provided by NameYourLoan.com are free to all users. Any fees charged by lenders, are between lenders and borrowers and have nothing to do with NameYourLoan.com. In case any disputes arise between lenders and borrowers, it should be resolved between them and without the involvement of NameYourLoan.com in any way, shape or form. 17. DISPUTE RESOLUTION (The "Arbitration Clause"). In the event of a dispute, you and NameYourLoan.com agree to submit to binding arbitration. The arbitration will be held before one arbitrator on an individual basis and not as a class action. You waive any right you may have to arbitrate a Dispute as a class action. You may select any one of the following arbitration organizations and its applicable rules: the American Arbitration Association, 335 Madison Ave., Floor 10, New York, NY 10017-4605 (www.adr.org), the National Arbitration Forum, Box 50191, Minneapolis, MN 55405-0191 (www.arb-forum.com), or JAMS, Two Embarcadero Center Suite 1100 San Francisco, CA 94111 (www.jamsadr.com). You may obtain copy of the rules of each organization by contacting the organization. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. You and NameYourLoan.com shall agree on one arbitrator to conduct the arbitration. The arbitrator shall apply governing substantive law in making an award. In any arbitration, NameYourLoan.com will pay the filing, administration, service or case management fee, plus the costs associated with the first day of arbitration, with the remaining costs to be paid by the non-prevailing party. NameYourLoan.com will pay additional arbitration expenses to the extent that the arbitrator determines that NameYourLoan.com must in order to ensure the enforceability of this arbitration clause. Each party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. Any court having jurisdiction may enter judgment on the arbitrator's award. If any part of this Arbitration Clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder remains enforceable. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND NameYourLoan.com WILL BE RESOLVED BY BINDING ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST NameYourLoan.com INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. WITHOUT LIMITATION, THIS INCLUDES GIVING UP YOUR RIGHTS TO BRING OR PARTICIPATE IN A CLASS ACTION AS SET FORTH IN THE WISCONSIN CONSUMER ACT, WIS. STATS. � 426.110. 18. NOTICES. Except as stated otherwise, any notices shall be given by postal mail to NameYourLoan.com Attn: Legal Affairs, 260 S. Los Robles Ave., Suite 100, Pasadena, CA 91101. 19. GENERAL. The Agreement comprises the entire agreement between you and NameYourLoan.com and supersedes all prior agreements regarding the subject matter contained herein. NameYourLoan.com may amend the terms and conditions of this Agreement (the "amended terms") from time to time. If you continue to use the Service after the amended terms become effective, you are deemed to have agreed to be bound by the amended terms. If you do not agree to the amended terms, then you agree not to use the Service. Your continued use of the Service constitutes an affirmative: (a) acknowledgment by you of this Agreement and its amended terms; and (b) agreement by you to abide and be bound by the Agreement and its amended terms. Except as set forth below, you must make all notices to NameYourLoan.com in writing via conventional registered mail. If you believe that any content posted on the Website infringes any of your intellectual property rights or the intellectual property rights of any third party, you must promptly provide the following notice in writing via registered mail to NameYourLoan.com at 260 S. Los Robles Ave. Suite 100, Pasadena, CA 91101; NameYourLoan.com may change this address at any time by posting a notice to the Website: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement under penalty of perjury that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. This Agreement shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of laws provisions thereof). If any provision(s) of the Agreement is held contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. NameYourLoan.com 's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by NameYourLoan.com in writing. The section titles in the Agreement are used solely for the convenience of the parties and have no legal or contractual significance. 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. |
