LoanWeb® Terms of Use Agreement

Last Updated: July 24, 2006

Thank you for visiting LoanWeb.com, a website owned and operated by iHomeowners, Inc. (hereafter, “we,” “us,” or “LoanWeb”). We provide and maintain one or more interrelated Internet Web Site(s) (collectively, the "Site"), and this Terms of Use Agreement (“Agreement”) governs your ability to consume the information and services provided by the Site (collectively, “Services”).

Please read this Agreement carefully. The services and use of the Site are provided to you subject to the terms and conditions set forth in this Agreement, our Privacy Policy, and any other rules and policies set forth on the Site, which are incorporated herein by reference. The terms and conditions below and any other rules or policies set forth on the Site comprise the entire agreement between you and LoanWeb and supersede all prior agreements between us.

If you do not agree to be bound by and become a party to the terms and conditions of this Agreement, you are not permitted to access the Site, or in any way use or otherwise consume any of the information and/or services provided by the Site.

LoanWeb reserves the right to modify the terms of this Agreement at any time, without prior notice to you. You understand and agree that any use of the Site shall be under the Agreement in effect at the time of the Site usage.

ACKNOWLEDGMENTS.

You also hereby acknowledge and certify that {i) you are at least 18 years of age; (ii) are legally able to enter into all of the obligations imposed by this Agreement; (iii) you assume full and complete responsibility for any use of the Site by minors under your control; (iv) you are a resident or citizen of the United States of America; (v) your use of the Site is not in violation of any local, state, or federal laws or regulations; (vi) all information submitted to us (either via the Site or by other means) is accurate, complete, valid, and current; and, (vii) you are solely responsible for obtaining, maintaining, and operating the equipment, utilities, and other related services required to access this Site, including, without limitation, hardware, software, and network services.

PROSCRIBED CONDUCT.

You understand and agree that, during your use of the Site and/or while interacting with any company, person, or legal entity with whom you are placed in contact as a result of your use of the Site, you must not (i) submit any information which is vulgar, obscene, indecent, harmful, abusive, offensive, sexually explicit, defamatory, harassing, invasive of any other person’s privacy, tortious, libelous, or in any other way would be considered objectionable by a reasonable person; (ii) submit information to the Site or use the information or services of this Site in any illegal manner; (iii) impersonate any other person, attempt to perpetrate identity theft, misrepresent your relationship to any other person, conduct fraud, disguise or attempt to disguise your identity; (iv) mask, spoof, or otherwise disguise the source of your IP Address or other standard internet identification characteristics; (v) directly or indirectly interfere, or attempt to interfere, with the proper functioning of this Site, including without limitation, placing disproportionate stress or load on the systems and communication infrastructure on which the Site is operated, deliberately and/or maliciously causing the Site to malfunction, or blocking access to the Site by any other person; (vi) introduce to the Site or the systems or communication infrastructure on which the Site is operated any virus, worm, Trojan horse, zombie, or other malicious software agent; (vii) bypass or attempt to bypass any security, protective, restrictive, or similar measures designed to safeguard the Site or the data collected and/or stored by the Site; (viii) send unsolicited email to any user of the Site; (ix) use any spider, robot, screen-scraper, or other automated or manual system to access the Site without first obtaining our express written permission; (x) intercept or attempt to intercept, or interfere or attempt to interfere with, any communications between other users and the Site; (xi) disclose or otherwise use any information you receive from the Site or through interaction with other users or Providers of the Site except in strict accordance with the terms of this Agreement.

DESCRIPTION OF SERVICE.

LoanWeb is an online marketplace in which you can locate and solicit interaction with providers of a variety of loan-related and complementary financial products and services, including without limitation, mortgages, personal loans, auto loans, student loans, credit cards, insurance policies, professional education, and credit reporting (collectively, “Provider” or “Providers”). You understand and agree that by submitting your personal information through the Site (including, without limitation, your name, address, phone number(s), Social Security number, and other personally identifiable information), LoanWeb will share this information with Providers subscribing to our Services. You agree that by submitting this information to us, you are extending an express invitation to LoanWeb’s Providers to contact you via telephone, even if your phone number is on any local, state, or federal Do Not Call list, or on the Do Not Call List of any Provider with whom you are matched. You further agree that Providers matched with your data may contact you via electronic mail, even if you are on a general do not solicit list on a local, state, or federal level. If you do not wish to be further contacted by a Provider once the initial contact has been made, you understand and agree that it is your sole responsibility to communicate your wishes, and assert your rights, directly with the Provider. (Additional information describing your rights and responsibilities under state and federal regulations may be obtained from the Federal Trade Commission and the Direct Marketing Association.) You understand that all Providers in the LoanWeb Provider network have agreed to abide by a strict policy forbidding any unsolicited commercial email (aka “spam”) with any user of the Site.

If you elect to provide LoanWeb your Social Security Number, you authorize LoanWeb to use this and any other personal information provided to LoanWeb by you to obtain your credit score for the purpose of matching you with Providers in the LoanWeb marketplace, and to pass this information along to the Providers so matched. You further authorize all Providers that receive this information from LoanWeb to use your Social Security Number and any other personal information you provide to LoanWeb to obtain your credit report for the purpose of processing your request for a loan or other credit product and/or providing you with information regarding loans or other credit options available to you from the Provider. According to the most recent information from the Fair, Isaac Corporation (creator of the FICO Score® credit score), all mortgage credit checks made in any 14-day period are considered a single credit check, and all mortgage credit checks made in the 30 days prior to shopping period are ignored for scoring purposes. For the most up-to-date details, please consult the Fair, Isaac website.

You understand and acknowledge that LoanWeb is not a lender, broker, banker, or any other type of loan originator, nor does LoanWeb make any credit decisions regarding the requests submitted through the Site. You acknowledge that LoanWeb is not acting as your broker or agent, and that LoanWeb does not endorse, condone, or recommend the products or services of any particular Provider in the LoanWeb Provider network, nor does LoanWeb guarantee that the products and services offered by Providers are the best, cheapest, or of any other specific quality level compared to competing products or services. You understand and agree that LoanWeb is not a party to any agreement that you may make with any Provider, and that any information you provide to any Provider in excess of the information you provided to us on this Site is the sole responsibility of you and the Provider. You acknowledge that LoanWeb does not collect any fee from you in exchange for providing our Services. You further acknowledge that any fee we collect from a Provider is solely for the goods and services provided by LoanWeb to that Provider, and is not in any way contingent upon your acceptance of any offer of credit from a Provider. You understand and agree that LoanWeb shall not be held liable for any costs, damages, or penalties of any type that arise from or are related to your use of any Provider’s services. You understand and acknowledge that nothing on this Site shall constitute an offer, promise, or similar by or from LoanWeb of a loan commitment or interest-rate lock agreement.

If you are submitting a request for a mortgage loan quotation, you understand and consent that you may be contacted by one or more Providers in the LoanWeb Provider network, including (but not limited to): Aegis Lending Corporation, Ameriquest Mortgage Company, CitiFinancial, Countrywide Financial Corporation, Quicken Loans, Inc., Wells Fargo Bank, N.A., Wells Fargo Home Mortgage, and Wilmington Financial.

SECURITY AND PRIVACY.

LoanWeb respects and protects your privacy. All information submitted to us is subject to the Privacy Policy active at the time of the submission. A copy of our current Privacy Policy can be viewed and printed at any time.

LoanWeb regularly reviews the security of the Site and its supporting systems and communication infrastructure. These security measures include: segmenting systems from public and corporate access by the use of electronic firewalls and physical security systems; restricting access to potentially sensitive data to only those employees with a business requirement to have access to the data; using encryption technology (such as secure sockets layer – SSL – technology) to protect the transmission of data from you to the Site, and from us to our Providers; and participating in certification programs with the Verisign, TRUSTe, and Better Business Bureau.

THIRD PARTY LINKS.

The Site may contain links to external websites or resources owned and operated by third parties. These are provided for your reference and convenience only. You agree that LoanWeb is not responsible for the availability, content, quality, products, services, advertising, and information on such external websites or resources. Inclusion of a link to such a third-party website or other resource on the Site does not imply any endorsement or approval of the third-party website or resource by us. You acknowledge and agree that use of any third-party resource linked from the Site is at your sole risk. You further acknowledge and agree that LoanWeb will not be held responsible or liable, either directly or indirectly, for any damage or loss alleged or proven to be caused by or in any way related to your use of, or reliance on, any goods or services available on or through such external websites or resources.

ACCOUNT REGISTRATION.

Upon completion of this form you will be assigned a user name and password, which will grant access to some additional and / or restricted features of the Site. If you choose to complete the form, you shall be responsible for providing further updates to keep the completed form information current as needed. Any email addresses provided as part of the registration process must be a valid email address maintained by you. You are solely responsible for maintaining the confidentiality of your password and account information. You will immediately notify LoanWeb of any unauthorized account activity, or any other breach of security of which you become aware. LoanWeb is a single-user service. Multiple logins and passwords to the same account are not available. You will not share logins and/or passwords with others. Sharing login information is a violation of this Agreement and may result in the immediate termination of your account.

MODIFICATION TO SERVICES PROVIDED AND/OR TERMS OF USE.

You acknowledge and agree that LoanWeb may, with or without notice, modify or terminate the Services and/or the Site. Further, we may, in our sole discretion, modify this Agreement from time to time. Modifications of the Site or Service may include, without limitation, the type(s) of information and services provided, the consumer information collected, the manner of information delivery, and the tools provided to users of the Site. You agree that LoanWeb shall not be liable to you or any third party for any termination or modification of these services.

LoanWeb will use commercially reasonable efforts to notify you of changes we make by posting a notice on the Site, or, if we so choose, by sending you an email. If you do not accept the changes, you must terminate your usage of the Site at that time. You agree that your continued use of the Site or Services after the Agreement is changed shall be deemed to be acceptance of the modification or termination of the Agreement or Services.

GENERAL PROVISIONS.

This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California. Any civil action or legal proceeding arising out of or relating to this Agreement shall be brought in the courts of record of the State of California in Los Angeles County. Each party consents to the jurisdiction of such court in any such civil action or legal proceeding and waives any objection to the laying of venue of any such civil action or legal proceeding in such court.

If any provision of this Agreement or any other Agreement entered into pursuant hereto is contrary to, prohibited by or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible.

DISCLAIMER OF WARRANTIES.

YOU EXPRESSLY AGREE THAT USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK. LOANWEB PROVDIES THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. LOANWEB AND ITS PROVIDERS, VENDORS, AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER REGARDING THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. LOANWEB AND ITS 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 LOANWEB OR ITS PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES, 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 SITE OR SERVICES. USE OF THE SITE OR SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF THE SITE OR SERVICES, OR OF ANY DELAY IN, OR INABILITY TO, ACCESS THE SITE OR SERVICES. LOANWEB MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES AND ARE NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY PROVIDERS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LOANWEB OR THROUGH THE SITE OR SERVICES, 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. IN NO EVENT SHALL LOANWEB BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY RELATED TO, A THIRD PARTY'S UNAUTHORIZED ACCESSING OF 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 LOANWEB WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

LIMITATION OF LIABILITY.

IN NO EVENT WILL LOANWEB AND ITS PROVIDERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, 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 LOANWEB OR ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE MAXIMUM EXTENT THAT SUCH LIMITATIONS AND EXCLUSIONS ARE PERMITTED BY LAW. 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. NOTWITHSTANDING THE ABOVE, IN NO EVENT WILL LOANWEB AND ITS 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 LOANWEB OR ITS PROVIDERS OR ANY PERSON FOR WHOM EITHER LOANWEB OR ITS PROVIDERS ARE RESPONSIBLE, IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO LOANWEB FOR THE USE OF THE SERVICES WHICH ARE THE SUBJECT OF THE CLAIM. IF YOU ARE DISSATISFIED WITH THE SITE OR SERVICES, DISAGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST LOANWEB WITH RESPECT TO THIS AGREEMENT, THE SITE, OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND SERVICES.

RELEASE.

YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE LOANWEB AND ITS PARTNERS, PROVIDERS, AFFILLIATES, VENDORS, AND CONTRCTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SITE OR SERVICE.

PARTICIPATION ACCEPTANCE CRITERIA.

You understand and agree that LoanWeb reserves the right to suspend your ability to access the Site and Services in the event that you breach any part of this Agreement. Furthermore, you acknowledge that LoanWeb reserves the right to cancel or remove any user from the Service at any time and from time to time.

INDEMNIFICATIONS.

You hereby agree to jointly and severally indemnify, defend and hold harmless LoanWeb (and its respective officers, directors, employees, agents, representatives, shareholders, attorneys, affiliates, and distribution channels) and Providers against any claim, suit, action, or proceeding, including reasonable attorneys’ fees, brought against such indemnified party that alleges or is based upon or arises out of (i) any act arising out of or in connection with this Agreement; (ii) any act of negligence, omission or misconduct on your part, including, without limitation, any violation of any federal, state or local civil or criminal law, statute, rule, regulation, or ordinance, or any violation of an order of any state, federal, or local court in connection with your use of the Site or your interaction in any way with a Provider; or (iii) infringement in any manner of any copyright, patent, trademark, trade secret, service mark, or any other intellectual property right of any third party; (iv) though prohibited by this Agreement, any willful entry of fraudulent personal or financial information into the Site, whether or not subsequently passed on to a Provider or other partner.

NOTICES.

Except where otherwise specified, all notices shall be delivered to LoanWeb by postal mail addressed to LoanWeb, Attn: Legal Affairs, 24003 Ventura Boulevard, Building A, Calabasas, CA 91302.

INTELLECTUAL PROPERTY.

This Site is Copyright © 1996 – 2006, iHomeowners, Inc. “LoanWeb” is a registered trademark of iHomeowners, Inc and/or its providers, vendors, and other partners. All rights reserved. LoanWeb is the owner of all content on the Site, including the graphics, names, text, software, music, videos, sound, pictures, compilations, templates, page layout, design, processes, procedures, magnetic translation, digital conversion, or other material contained in the Service and the Site to the extent such content is provided and/or designed by LoanWeb. Additional content on this site, including without limitation, the names, logos, licensing information, and marketing information of Providers and other partners, is the intellectual property of their respective owners, and is used with permission. All applicable Site materials are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You may not copy, reproduce, distribute in any way, or decompile, reverse engineer or disassemble the content or processes. Modification or use of LoanWeb’s content in any prohibited way is a violation of copyright and other proprietary laws. No one may copy, reproduce, transmit, post, distribute, or create derivative works from this Site without prior express written authorization.

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