PickYourLoan.com offers you, the "User,"
services that are conditioned on your acceptance of the terms contained
in this agreement and your acceptance of these terms without modification,
conditions, and notices. Your use of PickYourLoan.com services constitutes
your agreement to all such terms, conditions, and notices.
PickYourLoan.com reserves the right to modify
in its sole discretion this agreement and or the PickYourLoan.com
web site without providing notification. You are responsible for
regularly reviewing the Agreement.
Please do not visit or use any any page that
is part of the PickYourLoan.com web site if you do not wish to be
bound by these terms of use.
PickYourLoan.com has taken reasonable and
appropriate measures to deliver and disclose your personal information
only in accordance with your instructions, but cannot and does not
guarantee that others will not intercept your personal information
you provide. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available
or provided for through the PickYourLoan.com web site.
You agree to provide true, complete and accurate
information on your request form that mortgage professionals may
keep, whether or not you qualified for their loan. You also agree
to refrain from impersonating or falsely representing your affiliation
with any person or entity.
PickYourLoan.com is not a lender or mortgage
professional. PickYourLoan.com does not make loans or related credit
decisions. PickYourLoan.com does not endorse or recommend products
of any particular Lender or mortgage professional. PickYourLoan.com
is not an agent of you, the User, or any participating Lender or
mortgage professional.
PickYourLoan.com services are administrative
only. You should decide for yourself which loan product is best
for you financially and personally. You agree that the mortgage
professional is solely responsible for its services to you. You
also agree that PickYourLoan.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.
Lenders and mortgage professionals can offer
their products as per licensing requirements by state. PickYourLoan.com
does not guarantee acceptance of the User into any loan program.
PickYourLoan.com does not guarantee specific loan terms and does
not guarantee conditions with any participating Lender or mortgage
professional. The User understands that an individual Lender establishes
and maintains loan approval standards. PickYourLoan.com does not
guarantee that any of the participating lenders mortgage professionals
participating on this web site offer the best terms or lowest rates
available in the market.
The User understands that PickYourLoan.com
or any related material contained herein shall not constitute an
offer or promise for a loan commitment or interest rate. PickYourLoan.com
does not charge you, the User, a fee to use our service. Mortgage
professionals and lenders pay PickYourLoan.com for the goods, facilities
and services provided. Your use of PickYourLoan.com services constitutes
your agreement with this compensation arrangement.
Disclaimers and limitations
PickYourLoan.com intends to have accurate and reliable information
contained in its web site; however, errors may occur. In addition,
PickYourLoan.com may change and improve the information provided
herein at any time. The web site and the information, products and
services are “As Is.” PickYourLoan.com disclaims any
warranty of any kind, whether expressed or implied, as to any matter
whatsoever relating to the web site and any information, products,
and services provided herein, including without limitation the implied
warranties of merchantability, fitness for a particular purpose,
title, and non-infringement use of PickYourLoan.com’s services
at your own risk. Use of PickYourLoan.com’s services is at
your own risk. PickYourLoan.com is 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 PickYourLoan.com’s
services or with the delay or inability to use the web site or for
any information products or services obtained from the use of the
web site, whether resulting in whole or in part, from breach of
contract, tortuous behavior, negligence, strict liability or otherwise,
even if PickYourLoan.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 PickYourLoan.com
and its suppliers, affiliates, executives, employees, participating
Lenders, or other related marketing and mortgage professionals from
any and all liabilities, expenses (including attorneys' fees) and
damages arising out of claims resulting from your use of PickYourLoan.com’s
services, including without limitation any claims alleging facts
that if true would constitute a breach by you of this agreement.
Errors and delays
PickYourLoan.com 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
PickYourLoan.com’s services, to the goods or services provided
by PickYourLoan.com, or to any acts or omissions for which you
may contend PickYourLoan.com is liable, including but not limited
to any claim or controversy as to arbitrability ("Dispute"),
shall be finally, and exclusively, settled by an arbitration venue
in Miami Dade County, Florida. 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 PickYourLoan.com. In any arbitration, PickYourLoan.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 Miami Dade County, Florida. 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 PickYourLoan.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 PickYourLoan.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 PickYourLoan.com, the parties agree that jurisdiction over
and venue of any suit shall be exclusively in the state and federal
courts sitting in Miami Dade County, Florida. 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
PickYourLoan.com and it supersedes all prior or contemporaneous
communications, promises and proposals, whether oral, written or
electronic, between you and PickYourLoan.com with respect to the
web site and information, products and services associated with
it. This Agreement shall be subject to and construed in accordance
with the laws of the State of Florida, 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.
