TERMS AND CONDITIONS
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.
SECURITY
POLICY
HotDealsOnLoans.com uses extensive and
sophisticated secure technology to protect
your data and transmissions between
you, HotDealsOnLoans.com, banks, lenders
and loan brokers participating in this
Web site (we refer to all of these as
"Lenders"), and real estate
professionals participating in this
web site (the "real estate professionals").
Here are the highlights:
Transmission between
browsers and our web server is implemented
using Secure Sockets Layer (SSL) technology.
This technology requires an SSL-capable
browser such as MS Internet Explorer
3.0 (or later) or Netscape Navigator
2.0 (or later).
Transmissions between HotDealsOnLoans.com
and participating Lenders or HotDealsOnLoans.com
and real estate professionals are encrypted
using public key cryptography algorithms
with a minimum key size of 128 bits.
Our database is physically separated
from our web server and is protected
by a physical firewall.
Although HotDealsOnLoans.com has taken
these reasonable and appropriate measures
to ensure that your personal information
is delivered and disclosed only in accordance
with your instructions, HotDealsOnLoans.com
cannot and does not guarantee that the
personal information you provide will
not be intercepted by others and decrypted.
LOAN
ORIGINATION SERVICES
All of the information you have provided
in this qualification form or application
is true and complete. You authorize
HotDealsOnLoans.com to check your credit
history, and to provide your information,
including your credit history, to up
to four Lenders; provided, however,
that if one of the Lenders is unable
to make an offer, HotDealsOnLoans.com
may submit your information to additional
Lenders until such time as you have
received four loan offers (up to a maximum
of 9 total Lenders). You further authorize
the Lenders along with any additional
Lenders or investors necessary to complete
your loan transaction, to check your
credit history and to return their decision
to you via the HotDealsOnLoans.com system.
At the present time, Fair, Isaac and
Co. (the company that provides "FICO"
credit scores) reports that, for mortgage,
home equity or auto loans, it consolidates
all credit inquiries that occur within
a 14-day period into one inquiry for
scoring purposes. You understand that
Lenders may keep this form, whether
or not you are qualified for a loan
with them. HotDealsOnLoans.com is not
a lender and does not make loans or
credit decisions in connection with
loans. HotDealsOnLoans.com does not
endorse or recommend the products of
any particular Lender on HotDealsOnLoans.com.com.
HotDealsOnLoans.com is not an agent
of either you, the User, or any participating
Lender. HotDealsOnLoans.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 HotDealsOnLoans.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
HotDealsOnLoans.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. HotDealsOnLoans.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. HotDealsOnLoans.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, HotDealsOnLoans.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.
HotDealsOnLoans.com does not charge
you, the User, a fee to use our service.
HotDealsOnLoans.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.
By completing and
submitting the loan request form, you
understand and agree that you are inquiring
as to a lending product with HotDealsOnLoans.com
and each of the Lenders to whom your
loan request is transmitted. By submitting
the loan request containing your electronic
signature, you are extending an express
invitation to each of the Lenders making
you loan offers to contact you by telephone
at the numbers you have provided so
they may assist you with your transaction,
and you hereby consent to any such calls
even if your phone number is on any
Do Not Call list. By saving your information
with HotDealsOnLoans.com and/or submitting
a loan request, you give HotDealsOnLoans.com
permission to make recorded calls to
remind you of any deadlines or issues
in connection with your loan request.
REAL
ESTATE SERVICES
All of the information you have provided
in this referral form is true and complete.
You authorize HotDealsOnLoans.com to
forward your information to its network
of real estate professionals. You understand
that these real estate professionals
may keep this form, whether or not you
complete a real estate transaction with
them. You further understand and agree
that by selecting a real estate company
or professional, you are extending an
express invitation for them to contact
you by telephone at the numbers you
have provided, and you hereby consent
to any such calls even if your phone
number is on the Do Not Call list. In
addition, by completing and submitting
a request for more information regarding
a real estate listing or requesting
contact with a real estate professional,
you understand and agree that you are
extending an express invitation to real
estate professionals to call you by
telephone at the numbers you have provided,
and you hereby consent to any such calls
even if your phone number is on the
Do Not Call list. You understand that
these real estate professionals may
keep the information you submit whether
or not you communicate with them regarding
a real estate listing and whether or
not you complete a real estate transaction
with them. Real estate programs are
administered by HotDealsOnLoans.com,
a licensed real estate broker. HotDealsOnLoans.com
does not list or sell homes. Real estate
brokerage activities are performed by
local licensed real estate brokers.
HotDealsOnLoans.com acts as a referring
broker by referring you to a local real
estate broker. For its services, HotDealsOnLoans.com
receives a real estate brokerage referral
fee of up to 35% of the local broker's
commission. Your use of this Web site
constitutes your agreement with this
compensation arrangement. Cash, gift
certificates, points or mileage incentives
are only available to customers who
use a HotDealsOnLoans.com Network real
estate professional to buy or sell their
home. Customers must have been connected
with the real estate professional through
HotDealsOnLoans.com to be eligible for
incentives. Certain states require that
incentives be given as either a credit
at closing or as a reduction of your
real estate commission. The programs
may be available on modified terms,
or may be prohibited, in certain jurisdictions.
Other restrictions may apply.
COPYRIGHT
AND TRADEMARK NOTICES
All contents of this Web site are: Copyright
© 2003 - 2004 HotDealsOnLoans.com,
Inc. and/or its suppliers, participating
Lenders, or real estate professionals.
HotDealsOnLoans.com is a service mark
of HotDealsOnLoans.com, Inc. Other product
and company names mentioned herein,
including the names of participating
Lenders, may be the trademarks of their
respective owners.
DISCLAIMERS
AND LIMITATIONS
HotDealsOnLoans.com intends that the
information contained in its Web site
be accurate and reliable; however, errors
sometimes occurs. In addition, changes
and improvements to the information
provided herein may be made by HotDealsOnLoans.com
at any time. THIS WEB SITE AND THE INFORMATION,
SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED
WITH IT ARE PROVIDED "AS IS."
HotDealsOnLoans.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. HotDealsOnLoans.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 HotDealsOnLoans.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 HotDealsOnLoans.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. HotDealsOnLoans.com
does not operate or control in any respect
any information, software, products
or services available on such Web sites.
HotDealsOnLoans.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
HotDealsOnLoans.com 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 this Web
site, to the goods or services provided
by HotDealsOnLoans.com, or to any acts
or omissions for which you may contend
HotDealsOnLoans.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,
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 HotDealsOnLoans.com. In
any arbitration, HotDealsOnLoans.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 therefor.
Any judgment upon
the award rendered by the arbitrators
may be entered in any court of competent
jurisdiction in Los Angeles, 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 HotDealsOnLoans.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 HotDealsOnLoans.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 HotDealsOnLoans.com, the parties
agree that jurisdiction over and venue
of any suit shall be exclusively in
the state and federal courts sitting
in Mecklenburg County, North Carolina.
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 HotDealsOnLoans.com
and it supersedes all prior or contemporaneous
communications, promises and proposals,
whether oral, written or electronic,
between you and HotDealsOnLoans.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 North Carolina,
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.
PLEASE
PRINT AND RETAIN A COPY OF THIS AGREEMENT
FOR YOUR RECORDS.