Terms of Use

AGREEMENT

This Agreement sets forth the Standard Terms and Conditions that apply to your use of LenderDesire.com.

YOUR USE OF THE LENDERDESIRE.COM SERVICES INDICATES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE.

MEMBER CONDUCT

You agree to abide by all applicable local, state, national and international laws and regulations regarding your use of our service.

MEMBERSHIP ELIGIBILITY

Our services are only available to principals and employees of duly organized and licensed mortgage brokers or lenders who are in good standing. We do not accept lenders that engage in predatory lending practices.

REGISTERING FOR SERVICE

Registration is free of charge to eligible members. You may only register one time for our service. After you register, you may set up sub-accounts if you need to have more filters or set up accounts for other loan officers at your company.

BUYING LEADS

If you decide to buy leads, the price for the leads will be based on the current price in accordance with our pricing schedule in effect at the time you buy the leads.

FUNDING YOUR ACCOUNT

We offer two methods by which you may fund your account.
(1) Credit card: There is a two hundred ($200) dollar minimum for funding an account via credit card. If you use a credit card, you agree to not charge back your card for any reason, and if you charge back your credit card you agree to pay a one hundred ($100) dollar service fee.
(2) Check or Draft: There is a five hundred ($500) dollar minimum for funding an account via check or draft. If you use a check, you agree to not stop payment on the check for any reason. If your check or draft is not honored by the bank for any reason, you agree to pay a one hundred ($100) dollar service fee.

In either circumstance, you also agree to pay any collection costs and/or attorney fees should collection action be initiated.

RETURN POLICY

You may return leads for immediate credit within five (5) calendar days of purchase if the lead is not valid due to error or fraud; you may not receive a credit due to the borrower choosing not to obtain a loan from you.

REFUND POLICY

It is our policy to offer refunds under two (2) circumstances:
(1) If we cannot deliver the leads that you have ordered.
(2) If you were over billed due to a technical error.
Please allow up to ten (10) days to process refunds.

CONTACTING BORROWERS

If you take delivery of leads you agree to the following:
(1) to contact the borrower in a timely fashion
(2) to offer the prospective borrower your most competitive rates
(3) to offer the prospective borrower you highest level of service

You may tell the prospective borrower that you got their quote request from LenderDesire.com, however, without the prior written permission of LenderDesire.com you may not forward the actual lead data to the prospective borrower or any other third party nor may you resell the data.

USER'S RESPONSIBILITIES

You agree that you will not use LenderDesire.com for chain letters, junk mail, "spamming", or any use of distribution lists to any person who has not given specific permission to be included in such a process. You further agree not to use LenderDesire.com to send any messages or material that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise constitute a criminal offense, give rise to civil liability or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. LenderDesire.com reserves the right to terminate User's account if it becomes aware and determines, in its sole discretion, that User is violating any of the foregoing guidelines.

ACCOUNT AND PASSWORD

You are responsible for maintaining the confidentiality of your account name and password. You are solely responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify LenderDesire.com of any unauthorized use of your account.

LINKS

Link on the LenderDesire.com web site may let you leave the LenderDesire.com web site. You understand the linked sites are not under the control of LenderDesire.com and LenderDesire.com is not responsible for the contents or operation of any linked site or any link contained in a linked site, or any changes or any updates of such sites. LenderDesire.com is not responsible for web casting or any other form of transmission received from any linked site. LenderDesire.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by LenderDesire.com of the linked site or any association with their operators.

RELATIONSHIP OF THE PARTIES

Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.

DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY

THE LenderDesire.com SERVICE PROVIDED IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. LenderDesire.com EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE LenderDesire.com SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY LenderDesire.com, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL LenderDesire.com, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE LenderDesire.com SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE LenderDesire.com SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO LenderDesire.com RECORDS, PROGRAMS OR SERVICES. THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT LenderDesire.com IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM LenderDesire.com AND ITS AFFILIATES.

OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWO (2) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) ONE HUNDRED DOLLARS ($100).

NO ACTION ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY EITHER PARTY MORE THAN TWO YEARS AFTER SUCH CAUSE OF ACTION OCCURS.

THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.

COPYRIGHT AND TRADEMARKS

All contents of the LenderDesire.com Web Site are proprietary to LenderDesire.com, and/or its suppliers and are protected under international Copyright and Trademark law. All rights are reserved. You may not download and/or save a copy of any of the screens except as otherwise provided in this Agreement; you may, however, print a copy of the information on this web site for your personal use or records. LenderDesire.com does not grant any license or other authorization to any user of its trademarks, service marks, copyrightable material or other intellectual property by placing them on this web site. LenderDesire.com reserves any rights not expressly granted herein.

GOVERNING LAW

California law shall govern this Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction's laws. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and cost and expenses incurred, subject to the Limitation of Liabilities clause. The parties consent to the exclusive jurisdiction and venue of the courts of the State of California or to any Federal Court located within the State of California.

ARBITRATION

Any legal controversy or legal claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration before the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in California, as the parties to this agreement agree to be governed by the laws of California. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in California necessary to protect the rights or property of party pending the completion of arbitration. The prevailing party from arbitration shall be entitled to reasonable attorney's fees, which shall be set forth by the arbitrator(s). Judgment upon the award rendered may be entered in any court in the state of California with jurisdiction. The decision of the arbitrator shall be final and binding on the parties. The parties shall bear equally all fees, costs and expenses of the arbitration, and each party shall bear its own legal expenses, attorneys fees, and costs of all experts and witnesses, provided, however, the arbitration panel may apportion between the parties, as said arbitrator may deem equitable, the cost incurred by either party.

Should either party file an action contrary to this provision, the other party may recover attorneys' fees and costs up to one thousand ($1000) dollars.

SEVERABILITY

If any provisions 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 or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

SURVIVABILITY

The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely - confidentiality/non-disclosure, warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless LenderDesire.com against any and all claims, losses, liability costs and expenses (including but not limited to reasonable attorneys' fees) arising from your violation of these Terms and Conditions or any third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with LenderDesire.com.

HEADINGS

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such action.

ASSIGNMENT

In the event of a merger or consolidation of LenderDesire.com, the surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement.

ENTIRE AGREEMENT

Unless otherwise specified herein, this Agreement constitutes the complete and exclusive statement of the Agreement between the parties regarding the products and services provided hereunder, and supercedes any prior Agreements between the parties with respect thereto.

MODIFICATION OF TERMS

LenderDesire.com reserves the right to modify this policy at any time and without advance notice, effective upon making the modified provisions available on the LenderDesire.com Web Site. You are responsible for regularly reviewing these documents. Continued use of the LenderDesire.com Web Site after any such changes shall constitute your consent to such changes. LenderDesire.com does not and will not assume any obligation to notify you of any changes to the Terms of Service.

 
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