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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.
LOAN ORIGINATION SERVICES
All of the information you have provided online on our form or application
is true and complete. You authorize e-HardMoney.com to provide your
information to up to four Lenders. e-HardMoney.com is not a lender
and does not make loans or credit decisions in connection with loans.
e-HardMoney.com does not endorse or recommend the products of any
particular Lender on e-HardMoney.com. e-HardMoney.com is not an
agent of either you, the User, or any participating Lender. e-HardMoney.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 e-HardMoney.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 e-HardMoney.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.
e-HardMoney.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. e-HardMoney.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, e-HardMoney.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.
e-HardMoney.com does not charge you, the User, a fee to use our service.
e-HardMoney.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.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Web site are: Copyright © 2005 HardMoneyLeads.com Inc.,
and/or its suppliers, participating Lenders, or real estate professionals,
1719 Silverwood Dr., Martinez, CA. U.S.A. All rights reserved. e-HardMoney.com
is a service mark of Simple Results. Other product and company names mentioned
herein, including the names of participating Lenders, may be the trademarks
of their respective owners.
DISCLAIMERS AND LIMITATIONS
e-HardMoney.com intends that the information contained in this Web
site be accurate and reliable; however, errors sometimes occurs. In addition,
changes and improvements to the information provided herein may be made
by e-HardMoney.com at any time. THIS WEB SITE AND THE INFORMATION,
SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS
IS." e-HardMoney.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. e-HardMoney.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 e-HardMoney.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 e-HardMoney.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. e-HardMoney.com
does not operate or control in any respect any information, software,
products or services available on such Web sites. e-HardMoney.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
e-HardMoney.com is not responsible for any errors or delays in responding
to an application 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 e-HardMoney.com, or
to any acts or omissions for which you may contend e-HardMoney.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 Contra Costa 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 e-HardMoney.com. In any arbitration, e-HardMoney.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 therefore.
Any judgment upon the award rendered by the arbitrators
may be entered in any court of competent jurisdiction in 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 e-HardMoney.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 e-HardMoney.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 e-HardMoney.com, the parties agree that jurisdiction
over and venue of any suit shall be exclusively in the state and federal
courts sitting in 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 e-HardMoney.com
and it supersedes all prior or contemporaneous communications, promises
and proposals, whether oral, written or electronic, between you and e-HardMoney.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 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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