TERMS OF USE AGREEMENT Please read this Terms of Use Agreement ("Agreement") carefully. By accessing this Web site and any pages hereof, you agree to be bound by the terms and conditions below. This Agreement contains an agreement to arbitrate all Claims and disclaimers of warranties and liability. These provisions form an essential basis of our bargain. If you do not agree to these terms and conditions, do not access this Web site. Global Data Mining, LLC operates this Web site. For purposes of this Agreement, "Top-Lenders" means Global Data Mining, LLC. SECURITY POLICY Top-Lenders uses extensive and sophisticated secure technology to protect your data and transmissions between you, Top-Lenders, banks, lenders and loan brokers participating in this Web site (we refer to all of these as "Lenders"), and credit counselors participating in this web site. 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 Top-Lenders and participating Lenders and credit counselors are encrypted using public key cryptography algorithms with a minimum key size of 128 bits. Rates, Closing Costs, Fees provided by Top-Lenders for illustrative purposes only and does not constitute an application. Top-Lenders does not guarantee loan approval, nor is it an offer or commitment to make a loan to you on the above terms. The APR, fees, and closing costs are all estimates based on information provided by third party Lenders or/and Mortgage Brokers and does not guarantee loan approval or/and commitment by any of there parties and reflects normal and customary rates and fees available through Lenders and Mortgage Brokers internet channels and typical tax and insurance costs in the stated property's vicinity. By requesting mortgage professional help, you authorize Top-Lenders to provide your information to up to five Lenders. The Lenders in this program will be on Mortgage Parts network. These lenders may not be shown on Top-Lenders Lender List. Top-Lenders may not be able to match you with five lenders depending on your request information. Top-Lenders is not a lender and does not make loans or credit decisions in connection with loans. Top-Lenders does not endorse or recommend the products of any particular Lender on any of its web sites. Top-Lender is not an agent of either you, the User, or any participating Lender. Top-Lenders 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 Top-Lenders 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. You understand that Lenders may keep your loan request form, whether or not you are qualified for a loan with them. This Web site and the services provided by Top-Lenders 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. 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. Top-Lenders 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. Top-Lenders does not guarantee acceptance into any particular loan program or specific loan terms or conditions with any participating Lenders loan approval standards are established and maintained solely by individual Lenders. Likewise, Top-Lenders 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. Top-Lenders does not charge you, the User, a fee to use our service. Top-Lenders is paid a fee by participating Lenders for the goods, facilities and services provided. Your use of this Web site and/or Top-Lenders services constitutes your agreement with this compensation arrangement. By hitting submit or requesting to be matched with Lenders under either of the programs, you understand and agree that you are submitting an inquiry as to a lending product with Top-Lenders 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 Top-Lenders and/or submitting a loan request, you give Top-Lenders permission to e-mail you in connection with your loan request. CREDIT COUNSELING SERVICES All of the information you have provided in this referral form is true and complete. Top-Lenders is not a credit counselor. You authorize Top-Lenders to forward your information to its network of credit counseling professionals. You further understand and agree that by selecting a credit counseling 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 credit counseling or requesting contact with a credit counseling professional, you understand and agree that you are extending an express invitation to credit counseling 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 credit counseling 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. Account Registration By creating an account or otherwise registering with this site, you hereby understand and agree that you have established a business relationship between you and Top-Lenders, LLC, which is the owner of this site. As such, you agree that Top-Lenders may contact you using information you provided with information and offers of services available through Top-Lenders and any of its web sites. You hereby consent to any such communication or phone calls even if your phone number is on any Do Not Call list. COPYRIGHT NOTICE All contents of this Web site are: Copyright © 2006 Global Data Mining, LLC and/or its suppliers, participating Lenders, or credit counseling professionals, 16192 Coastal Highway Lewes, DE, 19958, U.S.A. All rights reserved. Product and company names mentioned herein, including the names of participating Lenders, may be the trademarks of their respective owners. DISCLAIMERS AND LIMITATIONS Top-Lenders 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 Top-Lenders at any time. THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." TOP-LENDERS AND/OR ITS SUPPLIERS, PARTICIPATING LENDERS, OR CREDIT COUNSELING 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 AND/OR TOP-LENDERS SERVICES IS AT YOUR OWN RISK. TOP-LENDERS AND/OR ITS SUPPLIERS, PARTICIPATING LENDERS, OR CREDIT COUNSELING 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 AND/OR TOP-LENDERS SERVICES 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 TOP-LENDERS 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 and/or Top-Lenders services, you agree to indemnify Top-Lenders and its suppliers, participating Lenders, or credit counseling 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. Top-Lenders does not operate or control in any respect any information, software, products or services available on such Web sites. Top-Lenders 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 Top-Lenders 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 Top-Lenders, or to any acts or omissions for which you may contend Top-Lenders is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. 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 arbitration shall be venued in Bucks County, Pennsylvania except for Maine consumers for whom the location shall be a place reasonably convenient to the consumer. 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 Top-Lenders. In any arbitration, Top-Lenders 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, provided, however, that in Maine any cost to the consumer shall be limited to the cost of filing a court case. 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 Bucks County, Pennsylvania. 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, except in Maine where state law will control all rights and remedies in the arbitration. 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 TOP-LENDERS 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 Top-Lenders 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 Top-Lenders, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Bucks County, Pennsylvania. 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 Top-Lenders and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Top-Lenders 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 Pennsylvania, 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. |
