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Lending Tree
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To help tailor a mortgage to fit your individual
needs, our Lenders need to know about your loan preferences. Whether
you want a 30-year fixed or an adjustable rate mortgage, LendingTree
can help you find the loan that's right for you.
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To present you competing offers with no cost and no
obligation, LendingTree needs to provide you with important documents
conveniently online - Electronic Disclosures, LendingTree's Privacy
Policy, Lending Disclosures and Terms of Use.
SECURITY POLICY
LendingTree uses extensive and sophisticated secure technology to protect
your data and transmissions between you, LendingTree, 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 LendingTree and participating Lenders or
LendingTree 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 LendingTree has taken these reasonable and appropriate measures
to ensure that your personal information is delivered and disclosed only
in accordance with your instructions, LendingTree 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 LendingTree to check your
credit history, and to provide your information, including your credit
history, to up to four 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 Lendingtree 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. LendingTree is not a lender and
does not make loans or credit decisions in connection with loans.
LendingTree does not endorse or recommend the products of any particular
Lender on LendingTree.com. LendingTree is not an agent of either you, the
User, or any participating Lender. LendingTree'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 LendingTree 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 LendingTree
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.
LendingTree 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. LendingTree 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,
LendingTree 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.
LendingTree does not charge you, the User, a fee to use our service.
LendingTree 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.
REAL ESTATE SERVICES
All of the information you have provided in this referral form is true
and complete. You authorize LendingTree 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. Real estate programs are administered
by LendingTree, a licensed real estate broker. LendingTree does not list
or sell homes. Real estate brokerage activities are performed by local
licensed real estate brokers. LendingTree acts as a referring broker by
referring you to a local real estate broker. For its services,
LendingTree 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
LendingTree Network real estate professional to buy or sell their home.
Customers must have been connected with the real estate professional
through LendingTree 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 © 1999-2002 LendingTree,
Inc. and/or its suppliers, participating Lenders, or real estate
professionals, 11115 Rushmore Dr., Charlotte, NC 28277, U.S.A. All rights
reserved. LendingTree is a service mark of LendingTree, 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
LendingTree 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 LendingTree at any time. THIS WEB SITE AND THE INFORMATION, SOFTWARE,
PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS."
LENDINGTREE 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. LENDINGTREE 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 LENDINGTREE
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
LendingTree 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.
LendingTree does not operate or control in any respect any information,
software, products or services available on such Web sites. LendingTree'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
LendingTree 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 LendingTree, or to any
acts or omissions for which you may contend LendingTree 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 Mecklenburg County, North Carolina. 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 LendingTree. In any arbitration, LendingTree 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 Mecklenburg County, North
Carolina. 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 LENDINGTREE
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 LendingTree'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 LendingTree, 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
LendingTree and it supersedes all prior or contemporaneous
communications, promises and proposals, whether oral, written or
electronic, between you and LendingTree 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.
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