THE FOLLOWING USE AGREEMENT (the "Agreement") governs your use of the GuideToLenders.com Website (the "Website"). It isvitally important that you read the Agreement carefully as your use of the Website will constitute your agreement to be legally bound by the terms and conditions set out in the Agreement. The Agreement also governs your use of the services and goods provided through or in connection with the Website (collectively, the "Service"). Each time you use the Service, you acknowledge that you have read the Agreement and agree to be legally bound by it.If you do not agree to be bound by the Agreement, you may not use the Service.
1.The Nature of GuideToLenders.com. The Website acts solely as an online marketplace for you to find and transact with other users, Members, consumers or sellers (the "Users") business transactions related to the products or services displayed on the Service or otherwise associated with the Service. GuideToLenders.com is owned and operated by QuinStreet Media, Inc. ("QS"). QS is not a broker, lender or seller. QS is not a party to any agreement you may make with a lender or broker with regard to any loan product or other product or service. Any information you provide to a lender or broker in connection with your application remains with that lender or broker and is not transferred from such lender or broker to QS.
QS is not responsible and you agree that QS will bear no liability for any products, services, information or other materials displayed, purchased, or obtained by you from the Website. Nothing on the Website contains an offer, promise or otherwise from QS to make a specific loan or that any participating lender or broker will make any loan for any purpose or on any specific terms. You acknowledge that QS is not a lender, broker or financial intermediary and that your ability to secure any loan or consummate any transaction with any other user of this Website or the Service is solely a matter to be resolved between you and such other user.
QS does not endorse, warrant or guarantee the products or services of any user of the Website or the Service. Nothing on the Website constitutes an advertisement for credit as defined by Paragraph 226.24 of Regulation Z issued by the Board of Govenors of the FDIC pursuant to authority contained in the Federal Truth In Lending Act, as amended.
QS is not liable for any delays, inaccuracies, errors or omissions with respect to the information posted on the Website or submitted to the Website or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the information. You assume the entire risk as to the accuracy, adequacy, completeness, currency, validity and quality of any information.
Any information on the Website is subject to change without notice.
2.TRANSACTIONS. You may post content or view content posted by others on the Service. QS does not monitor such content. You may act as a consumer of products or services promoted on the Website or, pursuant in certain cases to additional agreements with QS, act as a seller of products or services via the Website. You may also correspond with, participate in promotions by, and conduct transactions with the Users. QS is not a party to the transactions between you and the Users of the Website.
You may complete transactions as follows:
(i)Transaction Processing by the Seller. For certain transactions, sellers contact or direct consumers to the seller's web site for transaction processing or sellers provide consumers with sellers' contact information outside the Website to complete a transaction. QS never collects credit card information or other transaction-specific data from consumers for such transactions. If there is a fee to be paid by a seller in respect of any such transaction, QS collects such fee directly from sellers.
(ii)Third Party Transaction Processing. In other cases, sellers may refer consumers to third parties, such as an escrow service, for transaction processing. The third parties establish the terms of service for any such transactions. If there is a fee to be paid by a seller in respect of any such transaction, QS collects such fee directly from sellers.
The Agreement and any terms of service established by third parties govern all transactions through the Service. By participating in a transaction through the Service, you agree and accept the Agreement and any terms of service established by third parties. QS and any QS-Co-branded-Partners, Licensees and Affiliates (collectively "Affiliates") assume no liability, obligation or responsibility in connection with any transactions between you and the Users of the Website. If you have a dispute with the Users or any third party, you release QS (and its affiliated companies, agents and employees) as well as its service providers from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. If you are a California resident, you acknowledge the existence of, and waive, California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor," as well as any other statute or common law principle of similar effect.
3.LINKS. QS and Affiliates may provide links to external websites or resources for your convenience and reference only. QS and Affiliates do not endorse and are not responsible for the availability of these external websites or resources or for any content, advertising, products, or other materials on or available from such external websites or resources. Your use of and dealings with the owners or operators of these external websites or resources are at your own risk. You cannot make any claim against QS, its Affiliates or its service providers arising out of your use of external websites or resources.
4.MEMBER REGISTRATION. From time-to-time, QS may make available certain Website functions for which access is restricted to those who have first registered as a Member of GuideToLenders.com. You must provide certain current, complete, and accurate information about yourself (the "Registration Data") when registering as a Member or updating your Registration Data. You agree not to misrepresent your identity. You agree to maintain and keep your Registration Data current and to update the Registration Data as soon as it changes. You are responsible for maintaining the security of your password. QS and its service providers are not liable for any loss that you may suffer through the use of your password by others. You agree to notify QS immediately of any unauthorized use of your account or of any other breach of security known to you with respect to the Service. You agree to report any violations of this Agreement by others toContact@GuideToLenders.com.
5.OWNERSHIP. All of the material included on the Website, including but not limited to trademarks, text, graphics, logos and service marks (collectively, the "Content"), is the property of QS and other parties. U.S. and international copyright laws protects all Content available on the Website. Your use of the Service and the Content does not transfer to you any ownership or other rights in the Service or the Content. You may download Content displayed on the Website for your personal, noncommercial use only, provided you also retain all copyright and other proprietary notices contained on the Content. You may not modify, copy, distribute, transmit, display, publish, sell, license, or create derivative works using any of the Content for commercial or public purposes.
6.ACCEPTABLE USE OF THE WEBSITE. Your use of the Service must be lawful and consistent with the security and reliability of the Service and the World Wide Web.
In addition, the following rules apply to your use of the Service:
1. You certify to QS that you are at least 18 years of age.
2. You assume full responsibility for the use of the Service by any minors utilizing computers owned or operated by you or for any minors use of any password assigned to you by QS.
3. Membership registration is open only to residents of the 50 United States and the District of Coloumbia.
4. Your use of the Service is subject to all applicable local, state, national and international laws and regulations. Your conduct is also subject to applicable laws, regulations, policies and procedures related to Internet use.
5. You are solely responsible for the content of your transmissions and the products you buy or sell through the Service. You acknowledge and agree that QS does not endorse the actions, the contents of communications, or the products of the Users.
6. You must obtain and maintain, at your own expense, any equipment or ancillary services needed to connect to, access or otherwise use the Service, including, without limitation, modems, hardware, software, and long distance and local telephone service. You are responsible for ensuring that such equipment and ancillary services are compatible with the Service.
7. You must complete all transactions you agree to complete in connection with the Service.
8. You agree to forward all feedback you receive regarding the Service to QS when acting as a seller. In the event that you wish to provide feedback to QS related to your use of the Service as a consumer, please send your comments toContact@GuideToLenders.com. We welcome consumer comments. By submitting any comments to the above email address, you give your consent to the reproduction or all or part of such comments on the Website or in QS marketing materials, provided that QS shall under no circumstances display your personally identifying data in conjunction with any use of such comments.
7.PROHIBITED CONDUCT. You must not: (a) use the Service for any illegal purpose or for the transmission of any material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortious, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another, including the sale of pornography, firearms and ammunition, living creatures and parts of endangered species, stocks and other securities, drugs and drug paraphernalia, human body parts and remains; (b) directly or indirectly interfere or attempt to interfere with the proper working of the Website, any account, or any communication or transaction being conducted on our Website; (c) use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the Content without our prior expressed written permission; (d) take any action which imposes an unreasonable or disproportionately large load on our infrastructure, (e) use or disclose (to anyone except QS) any information you obtain about or from other users of the Service, or you obtain from QS if such information is marked confidential, for any purpose except fulfillment of orders initiated by the Users or negotiating prices with the Users, (f) conduct fraud, hide or attempt to hide your identity, represent yourself as someone else, or manipulate or attempt to manipulate prices, compromise or attempt to compromise the security of any account, interfere or attempt to interfere with the proper working of the Service, or (g) send any unsolicited e-mail or advertising to any known User.
While QS takes commercially reasonable steps to safeguard and to prevent unauthorized access to your information and Registration Data, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL QS BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO 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 QS WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
10.LIMITATION OF LIABILITY. QS AND ITS SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL 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 QS OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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. IN NO EVENT WILL QS AND ITS SERVICE 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 QS OR ITS SERVICE PROVIDERS OR ANY PERSON FOR WHOM EITHER QS OR ITS SERVICE PROVIDERS ARE RESPONSIBLE, IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO QS FOR THE USE OF THE SERVICE WHICH IS THE SUBJECT OF THE CLAIM.
11.INDEMNIFICATION. You agree to indemnify and hold QS, its subsidiaries, affiliates, officers and employees, and service providers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, the violation of this Agreement by you, or the infringement by you, or other user of the Service using your computer, of any intellectual property or other right of any person or entity. Even though prohibited, people may provide information that is offensive, false, harmful, or deceptive. QS and its Service providers assume no responsibility whatsoever for such content or actions.
12.RELEASE. YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE QS AND ITS SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.
13.TERMINATION. If you breach any provision of this Agreement, you may no longer use the Service. QS may, in its sole discretion, change, suspend, or terminate, temporarily or permanently, the Service or any part of it at any time, for any reason, without notice to you and without liability to you or any other person. If QS terminates this Agreement for any reason, it continues to apply and bind you with respect of your prior use of the Service, including payment of any charges accrued in connection with use of the Service. Upon termination, QS may remove from the Website and permanently delete and destroy any Content that you or others may have posted or submitted without any prior notice or liability to you or any other person.
14.DISPUTE RESOLUTION (The "Arbitration Clause"). In the event of a dispute, you and QS agree to submit to binding arbitration. The arbitration will be held before one arbitrator on an individual basis and not as a class action. You waive any right you may have to arbitrate a dispute as a class action. You may select any one of the following arbitration organizations and its applicable rules: the American Arbitration Association, 335 Madison Ave., Floor 10, New York, NY 10017-4605 (www.adr.org) or JAMS, 1920 Main St., Ste. 300, Irvine, CA 92614 (www.jamsadr.com). You may obtain copy of the rules of each organization by contacting the organization.
Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. The arbitrator shall apply governing substantive law in making an award. The arbitration hearing shall be conducted in the federal district in which you reside.
In any arbitration, QS will pay the filing, administration, service or case management fee, plus the costs associated with the first day of arbitration, with the remaining costs to be paid by the non-prevailing party. QS will pay additional arbitration expenses to the extent that the arbitrator determines that QS must do so in order to ensure the enforceability of this arbitration clause. Each party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law.
The arbitrator's award is final and binding on all parties, except that the losing party may request a new arbitration under the rules of the arbitration organization by a three-arbitrator panel. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. Any court having jurisdiction may enter judgment on the arbitrator's award. If any part of this Arbitration Clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder remains enforceable.
You and QS retain the right to sue in small claims court for a dispute within that court's jurisdiction, unless such action is transferred, removed or appealed to a different court. You and QS do not waive the right to arbitrate by filing suit.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND QS WILL BE RESOLVED BY BINDING ARBITRATION AND NOT IN COURT OR BY JURY TRIAL.
IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST QS INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. WITHOUT LIMITATION, THIS INCLUDES GIVING UP YOUR RIGHTS TO BRING OR PARTICIPATE IN A CLASS ACTION AS SET FORTH IN THE WISCONSIN CONSUMER ACT, WIS. STATS. "sect; 426.110.
DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS AVAILABLE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
15.GENERAL. The Agreement comprises the entire agreement between you and QS and supersedes all prior agreements regarding the subject matter contained herein, provided, however, that in the case of Users who are sellers and who have entered into separate agreements ("Seller Agreements") with QS related to the display of advertising materials related to their products or services or their availability, the obligations of the parties related to the Services shall be controlled by the terms of such Seller Agreements in the event of any inconsistency between such Seller Agreements and the Agreement. QS may amend the terms and conditions of this Agreement (the "Amended Terms") from time to time. If you continue to use the Service after the Amended Terms become effective, you are deemed to have agreed to be bound by the Amended Terms. If you do not agree to the Amended Terms, then you agree not to use the Service. Your continued use of the Service constitutes an affirmative: (a) acknowledgment by you of this Agreement and its Amended Terms, if any; and (b) agreement by you to abide and be bound by the Agreement and its Amended Terms, if any. Except as set forth below, you must make all notices to QS in writing via conventional mail or e-mail addressed toContact@GuideToLenders.com.
If you believe that any content posted on the Website infringes any of your intellectual property rights or the intellectual property rights of any third party, you must promptly provide the following notice in writing to QS toContact@GuideToLenders.com (QS may change this address at any time by posting a notice to the Website): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement under penalty of perjury that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.