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Terms of Use
iMortgageCentral™ Terms of Use
Welcome to the iMortgageCentral.com web site, available at http://www.iMortgageCentral.com/
(collectively, this “Site”). This Site is owned and
operated by Pre-Approved Credit.com, Inc. (“Pre-Approved Credit”). Please
read these Terms of Use carefully before using this Site. By accessing
or using this Site in any way, including, without limitation, browsing this
Site, using any information, using any services, signing up as a lender, and/or
submitting your personal information to Pre-Approved Credit, you agree to
and are bound by the terms, conditions, policies and notices contained on
this page (these “Terms”), including but not limited to conducting this transaction
electronically, disclaimers of warranties, damage and remedy exclusions and
limitations, and a choice of Tennessee law.
1. General
IMortgageCentral™ does not provide loans or offer mortgages.
It is not involved in the actual negotiations between lenders and borrowers.
IMortgageCentral™ acts solely as an intermediary, primarily gathering information
that might be of use to a lender that is seeking new loan transactions and
passing on information that has been voluntarily provided by borrowers who
desire to find a lender (the “Services”). IMortgageCentral™ is not a lender
or agent of any lender, and does not make loans or credit decisions in connection
with loans. IMortgageCentral™ does not endorse or recommend the services of
any particular lender. If you have a dispute with another user, whether a
lender or borrower (each, a “User”), you hereby release iMortgageCentral™,
its directors, officers, employees and agents from and against any and all
liability, claims, demands, and damages, disclosed and undisclosed, arising
out of or in any way connected to such disputes.
2. Borrower Obligations
(a) By submitting your information through this Site, you
certify that all of the information you have provided through this Site is
true and complete. You authorize IMortgageCentral™ to provide your information,
including your credit history, to up to three (3) lenders. You further authorize
such lenders, together with any additional lenders or investors necessary
to complete your loan transaction, to check your
credit history and to return their decision to you directly.
(b) You must accept these Terms in order to complete your application
and submit it through IMortgageCentral™ to a lender. IMortgageCentral™ reserves
the right to reject the information you provide for any reason, at its sole
discretion. In addition, IMortgageCentral™ reserves the right to terminate
or prohibit your use of the Site or the Services for any reason, at any time,
at its sole discretion. The Site and the Services are available only to individuals
and businesses that can form legally binding contracts under applicable law.
(c) IMortgageCentral™ and all participating lenders and brokers
do not guarantee a response to the information you provide. IMortgageCentral™
reserves the right to change any information on this Site including but not
limited to modifying, limiting, or discontinuing the Services. Unless otherwise
stated, nothing contained on this Site is an offer, promise or otherwise,
either to make a specific loan or that any participating lender or broker
will make any loan for any purpose or on any specific terms. Unless expressly
stated in writing, nothing contained herein shall constitute an offer or promise
for a loan commitment or interest rate lock-in agreement. In addition, IMortgageCentral™
does not guarantee that the loan terms or rates offered and made available
by participating lenders through this Site are the best terms or lowest rates
available in the market.
(d) All loan related decisions are made by the lender or broker
in the course of its business and any applicable loan offerings are made to
qualified applicants in separate loan documents which are required by applicable
state and federal laws of the United States of America. Loans may only be made to residents
or states where participating lenders or brokers are licensed or authorized
to make such loans. By offering their loans on this Web Site, lenders are
not attempting to make loans outside their authorized states or country. IMortgageCentral™
and its participating lenders reserve the right to discontinue the offering
the Services in any specific state accessible through this Site. You acknowledge
and agree that IMortgageCentral™ and its participating lenders shall not be
liable or responsible should confidential information belonging to you be
intercepted and subsequently used by an unintended recipient.
3. Lender Obligations
(a) If you are a lender, you agree to abide by and timely remit
the charges set forth on IMortgageCentral™ Fee Schedule available at http://www.imortgagecentral.com/howitworks.asp. Your use of the Site and the Services that
incur a fee shall be deemed proof of your acceptance of the Fee Schedule and
the charges associated therewith. IMortgageCentral™ reserves the right to
change, suspend, discontinue or add any fees to its Fee Schedule or Services,
at any time and at its sole discretion, upon fourteen (14) days notice, which
notice shall be posted on http://www.imortgagecentral.com/howitworks.asp.
(b) You are responsible for all use of or activity on your
lender account. Any fraudulent, abusive or otherwise illegal activity may
be grounds for termination of your account, at Pre-Approved Credit’s sole
discretion, and IMortgageCentral™ may refer you to appropriate law enforcement
agencies.
4. Use of Site Content
(a) All contents of this Site are: © 2002-2003 Pre-Approved
Credit.com, Inc. All rights reserved. This Site contains copyrighted material,
trademarks, service marks, trade dress and other proprietary content, including
but not limited to text, software, sound, photographs, buttons, images, logos,
video and graphics (the “Content”), and the entire selection, coordination,
arrangement and “look and feel” of this Site and the Content are copyrighted
as a collective work under United States copyright laws (collectively, “Intellectual
Property Rights”). You are only permitted to use Content as expressly authorized
herein or in writing by Pre-Approved Credit. Neither these Terms nor
your use of this Site or Services transfers any right, title or interest in
the Site or the Content to you, and IMortgageCentral™ and its third party
licensors retain all of its and their respective right, title and interest
to the Site and Content.
(b) This Site is available worldwide to anyone with Internet access.
However, this Site may not be continuously available due to maintenance or
repairs or due to computer problems or crashes, disruption in Internet service
or other unforeseen circumstances. Further, references to the Services on
this Site do not imply that such product or service is or will be available
in your location. The Content of this Site, including any advertising content,
is intended for use and display only where its use and display are permissible
in accordance with applicable laws and regulations.
(c) Certain materials on this Site
may be furnished by third parties. Certain product, service, or company designations
for companies other than IMortgageCentral™ may be mentioned on this Site for
identification purposes only. Third party trademarks, trade names, logos,
product or services names contained on this Site are the trademarks, registered
or unregistered, of their respective owners.
(d) Nothing contained in these Terms shall be construed as
conferring any other license or right, expressly, by implication, by estoppel
or otherwise, under any of our Intellectual Property Rights or under any third
party’s Intellectual Property Rights. Any rights not expressly granted
herein are reserved.
5. Permitted Use
Except
as indicated to the contrary elsewhere on this Site, you may view, copy, retransmit
and print the Content available on this Site subject to the following conditions:
(a)
the Content
is used solely for personal, informational, or internal business purposes;
(b)
the Content
is not provided, sold, licensed or leased (nor is access provided to the Content)
for any fee or other consideration;
(c)
all copyright,
trademark and other proprietary rights notices included in the Content as
presented at the Site appear on all copies;
(d)
the Content
is not modified or altered in any way; and
(e)
no graphics are used separately from accompanying text.
You may also link or hyperlink to the home page of the Site from any Acceptable Site, but only if:
(a) you do not frame the Site or any portion of the Site;
(b)
the hyperlink to the Site is not used in a way that suggests that IMortgageCentral™ endorses you or your web site;
(c) you obtain iMortgageCentral™ prior
written approval if you intend to use any logos, trademarks, or other copyrighted material for such link;
(d) the link to
the Site is not used or presented in any way that disparages IMortgageCentral™
or tarnishes, blurs or dilutes the quality of iMortgageCentral™ names
or trademarks or any associated goodwill;
(e) any link or
authorized logo used as a link include appropriate legends or other proprietary
notices;
(f)
the link to
the Site is not displayed on any web page that displays objectionable content or links; and
(g)
you agree that we may terminate your right to link or hyperlink to the Site
at anytime for any reason or no reason.
An “Acceptable Site” means a web site that displays no objectionable
content, including, but not limited to, any content, information in any medium
or format, such as text, data, graphics, audio or video, that: (i) is
libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized;
(ii) a reasonable person would consider harassing, abusive, threatening, harmful,
profane, obscene, racially, ethnically or otherwise objectionable or offensive
in any way; (iii) constitutes a breach of any person’s privacy or publicity
rights, a misrepresentation of facts, hate speech or an infringement of any
third party’s intellectual property or proprietary rights of any kind, including
without limitation, copyright, patent, trademark, industrial design, trade
secret, confidentiality or moral rights; or (iv) violates or encourages others
to violate any applicable law.
6. User Conduct
In using
the Site, including all Content and Services available through it, you agree
that you shall not:
(a) modify, republish,
frame, print, display, perform, reproduce, license, transfer, sell, assign,
post, transmit, distribute, reverse engineer, create derivative works from,
or otherwise exploit any Content or information from the Site, in whole or
in part, without the express permission of Pre-Approved Credit;
(b) send unsolicited
commercial email to the email addresses appearing on the Site (spam, chain
emails, bulk advertising and similar email solicitations are expressly prohibited);
(c) delete, modify,
hack or attempt to change or alter any of the Content on or Services offered
through the Site;
(d)
use any device,
software or routine intended to damage or otherwise interfere with the proper
functioning of the Site, the Services, or servers or networks hosting the
Site, or take any other action that interferes with other parties’ use of
the Site;
(e)
use any robot,
spider or other automatic or manual device or process for the purpose of gathering,
extracting, harvesting or compiling information on the Site for purposes other
than for a generally available search engine;
(f)
use any IMortgageCentral™
names, service marks, or trademarks without our prior written consent, including
without limitation as metatags, search engine keywords, or hidden text;
(g)
use any material
or information, including images or photographs, which are made available
through this Site in any manner that infringes any copyright, trademark, patent,
trade secret or other proprietary right of any party; or
(h)
defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights of any third party.
7. Modifications To Terms and Site
IMortgageCentral™ may change these Terms from time to time.
Each time changes are made to these Terms, they will be posted on this Site’s
home page. Your continued use of this Site or the Services following
the posting of any changes to the Terms constitutes your acceptance of those
changes. If you object to any provision of these Terms or any subsequent modifications
to these Terms or become dissatisfied with the Site in any way, your only
recourse is to immediately terminate use of the Site.
8. Termination of Site/Modifications To
Site
IMortgageCentral™
reserves the right to modify or terminate these Terms or your access to the
Site or Services (or portions of the Site or Services) at any time, temporarily
or permanently, with or without notice to you, and is not obligated to support
or update the Site. Sections 1, and 3-18 of these
Terms shall survive any termination of these Terms or your right to access
to the Site. IMortgageCentral™ may also impose limits on certain features
and Services or restrict your access to parts or this entire Site without
notice or liability. You acknowledge and agree that IMortgageCentral™ will
not be liable to you or any third party in the event that IMortgageCentral™
exercises its right to modify or terminate access to the Site or Services
(or portions of the Site or Services). Unless explicitly stated otherwise,
any new features that augments or enhances the current Site will be
subject to these Terms.
9. Privacy
IMortgageCentral™
will treat any information it collects from you in accordance with its Privacy
Policy, which is hereby incorporated by reference. Please review the Privacy
Policy before you use the Site. If you are unwilling to accept the terms and
conditions of the Privacy Policy, we ask that you not use the Site or any
Services offered through the Site.
10. Copyright Infringement
In accordance with the Digital Millennium Copyright Act (“DMCA”)
http://lcweb.loc.gov/copyright/, IMortgageCentral™
has designated an agent to receive notifications of alleged copyright infringement
associated with the Site. IMortgageCentral™ will, upon receiving proper
notice as set forth below, use commercially reasonable efforts to investigate
notices of copyright infringement and take appropriate action under the DMCA.
If you believe that your copyrighted work or the copyrighted work of another
party is being infringed, please notify our copyright agent at webmaster@imortgagecentral.com
or through the address set forth at the end of this page. When notifying IMortgageCentral™
of the alleged copyright infringement, please include all of the following
information:
(a)
a physical or electronic signature of a person authorized to
act on behalf of the owner of the copyright interest that is claimed to have
been infringed;
(b)
identification
of the copyrighted work alleged to have been infringed;
(c)
a description
of the material that is claimed to be infringing and information sufficient
to locate the material on the Site;
(d)
information
sufficient to contact the complaining party, such as a physical address, telephone
number, and, if available, an electronic mail address;
(e) a statement
that the complaining party has a good faith belief that the 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 that the information in the notification is accurate and, under
penalty of perjury, that the complaining party is authorized to act on the
copyright owner’s behalf.
If material is believed in good faith by IMortgageCentral™
to infringe a copyright or otherwise violate any intellectual property rights,
IMortgageCentral™ will remove or disable access to any such material.
11. Other Sites, Content, Products and Services
As a convenience to you, this Site may run advertisements and
provide links to web sites and access to content, products and services of
third parties, including without limitation, Pre-Approved Credit’s affiliates,
co-branded and strategic partners, and other entities with which our connection
consists of only a hyperlink (“Linked Sites”). You should refer to the separate
terms of use, privacy policies, and other rules posted on Linked Sites before
you use them. IMortgageCentral™ does not author, edit or monitor these Linked
Sites, and is not responsible or liable for (a) the availability of or content
provided on such Linked Sites, nor does inclusion of any link imply endorsement
of the Linked Sites by Pre-Approved Credit, or vice versa; (b) third party
content accessible through such Linked Sites; (c) any loss or damage whatsoever
you may incur from communicating or dealing with any Linked Site; or (d) your
dealings with any third parties found on or through this Site, including your
participation in any promotions, the payment for and delivery of goods if
any, and any terms, conditions, warranties, or representations associated
with such dealings. You bear all risk associated with the use of such Linked
Sites, third party services, and your correspondence or business dealings
with such Linked Sites found on or through this Site.
12. Typographical Errors
Our goal is to provide complete, accurate,
up-to-date information on our Site. Unfortunately, it is not possible to ensure
that any web site is completely free of human or technological errors. This
Site may contain typographical mistakes, inaccuracies, or omissions, some
of which may relate to pricing and availability, and some information may
not be complete or current. IMortgageCentral™ therefore
reserves the right to correct any errors, inaccuracies or omissions and to
change or update information at any time without prior notice. IMortgageCentral™
sincerely apologizes for any inconvenience this may cause.
13. Disclaimers
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED
ON OR THROUGH THE SITE, ARE PROVIDED ON AN “AS IS, WHERE IS” AND “AS AVAILABLE”
BASIS. IMORTGAGECENTRAL™ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT,
INTEGRATION, NON-INTERFERENCE WITH ENJOYMENT, AND SECURITY AND ACCURACY, AS
WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE
OF PERFORMANCE. IMORTGAGECENTRAL™ MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS
ANY OBLIGATION, THAT: (A) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS
OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS;
(B) THE SITE OR CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE
OR APPLICABLE TO YOUR CIRCUMSTANCES; (C) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SITE OR SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE
OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS;
OR (E) THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT
ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA.
IMORTGAGECENTRAL™ EXPRESSLY DISCLAIMS ANY WARRANTIES OR GUARANTEES
THAT BY SUBMITTING AN APPLICATION THROUGH THE SITE OR OTHERWISE USING THE
SERVICES, THE APPLICATION WILL BE ACCEPTED, PROCESSED, USED OR READ BY ANOTHER
USER. IMORTGAGECENTRAL™ DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT IT (A)
HAS QUALIFIED OR PRE-QUALIFIED ANY USER FOR ANY SERVICE, LOAN, FUNDS, ACCEPTANCE
BY ANOTHER USER, OR OTHER RESULTS, (B) CONTROLS OR DIRECTS IF A USER WILL
BE ABLE TO NEGOTIATE OR COMPLETE ANY TRANSACTION WITH ANOTHER USER, AND (C)
MAKES NO WARRANTY OR REPRESENTATION THAT A USER WILL SUCCESSFULLY ENTER INTO
ANY TRANSACTION, OR THAT A COMPLETED TRANSACTION WILL BE PROFITABLE. IMORTGAGECENTRAL™
DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT A USER’S SUBMISSION OF INFORMATION
THROUGH OR APPEARANCE ON THIS SITE IS AN INDICATION OF THE CREDITWORTHINESS,
TRUSTWORTHINESS, OR ACCEPTABILITY OF SUCH USER. USERS INVOLVED IN THE TRANSACTION
ARE ADVISED BY IMORTGAGECENTRAL™ TO COMMUNICATE DIRECTLY WITH EACH OTHER TO
EVALUATE CREDITWORTHINESS, TRUSTWORTHINESS, AND ACCEPTABILITY.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
IMORTGAGECENTRAL™ OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY OR REPRESENTATION
NOT EXPRESSLY MADE HEREIN. IMORTGAGECENTRAL™ DOES NOT INTEND TO NOR SHALL
ANY USER CLAIM THAT IMORTGAGECENTRAL™ HAS OR MIGHT HAVE INTENDED TO PROVIDE
LEGAL OR ACCOUNTING ADVICE OR OPINIONS. IMORTGAGECENTRAL™ MAKES NO WARRANTY
OR REPRESENTATION AS TO THE INTEGRITY, HONESTY, OR INTENTIONS OF ANY USER.
ALTHOUGH IMORTGAGECENTRAL™ PERIODICALLY MIGHT ATTEMPT TO MEASURE THESE QUALITIES,
IMORTGAGECENTRAL™ SHALL NOT BE HELD ACCOUNTABLE FOR ITS FAILURE OR NEGLIGENCE
TO UNCOVER ACTUAL OR POTENTIAL NEGATIVE INFORMATION AND/OR TO ADVISE ANOTHER
USER OF SUCH POSSIBLE OR ACTUAL NEGATIVE INFORMATION. IMORTGAGECENTRAL™ EXPRESSLY
DISCLAIMS ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED
BY ANOTHER USER, INCLUDING THE TRANSMISSION OF FALSE OR MISLEADING INFORMATION.
14. Limitation of Liability
IN NO EVENT SHALL IMORTGAGECENTRAL™ BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES
FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, LOSS OF PROFITS, REVENUE,
DATA, GOODWILL, OR USE, INCURRED BY ANY USER OR ANY THIRD PARTY, WHETHER IN
AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY),
ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THE SITE OR
THE SERVICES PROVIDED IN CONNECTION WITH THE SITE, OR OTHERWISE RESULTING
FROM: (1) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (2) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (3) THE STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (4) ANY OTHER MATTER RELATING
TO THE SITE OR SERVICE, EVEN IF IMORTGAGECENTRAL™ WAS ADVISED THAT SUCH DAMAGES
WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY APPLIES TO, BUT
IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH
MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT
OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED
ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR
OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. PRE-APPROVED CREDIT’S LIABILITY
FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL
DAMAGES OF ANY KIND WILL NOT, IN ANY EVENT, EXCEED TWO HUNDRED DOLLARS ($200).
THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL
PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS
OF LIABILITY IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING
LIMITATIONS MAY NOT APPLY TO CERTAIN USERS IN THOSE JURISDICTIONS.
15. Indemnification
You agree to indemnify, defend and hold Pre-Approved Credit,
its affiliates, shareholders, directors, officers, co-branders, subsidiaries,
parents, employees and agents, harmless from any claim, demand, liability,
dispute, damage, cost, expense, or loss, including attorneys’ fees and costs
of litigation, arising out of, or in any way related to your use of or access
to this Site, your use of the Content, including any use by your employees,
your violation of these Terms or your violation of any rights of another.
16. Dispute Resolution
You agree that any dispute arising out of or relating in any
way to your use of this Site or the Services offered through this Site requires
that such claim be resolved exclusively by confidential binding arbitration
except that, to the extent you have in any manner violated or threatened to
violate iMortgageCentral™ intellectual property and/or proprietary rights, IMortgageCentral™ may
seek injunctive or other appropriate relief. The arbitration shall be conducted
before three neutral arbitrators in the city of Nashville, Tennessee, U.S.A., in accordance with the rules of the
American Arbitration Association (“AAA”), as then in effect. No claims of
any other parties may be joined or otherwise combined in the arbitration proceeding.
Unless otherwise expressly required by applicable law, each party shall bear
its own attorneys’ fees without regard to which party is deemed the prevailing
party in the arbitration proceeding. Except for punitive and consequential
damages (which may not be awarded), and subject to these Terms, the arbitrators
shall be authorized to award either party any provisional or equitable remedy
permitted by applicable law. The parties shall equally share all AAA charges
and fees associated with the arbitration.
BECAUSE THE USE OF THIS SITE AND THE SERVICES REQUIRES THE
ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER
PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE
OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE
PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS
THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT
LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR
UNAVAILABLE IN ARBITRATION.
The award of the arbitrators may be enforced in any court having
jurisdiction thereof. Each party hereby consents (a) to the non-exclusive
jurisdiction of the courts of the State of Tennessee or to any Federal Court
located within the State of Tennessee for any action (i) to compel arbitration,
(ii) to enforce any award of the arbitrators, or (iii) at any time prior to
the qualification and appointment of the arbitrators, for temporary, interim
or provisional equitable remedies, and (b) to service of process in any such
action by registered mail or any other means provided by law.
17. Miscellaneous
If any provision of these Terms is found by a court or arbitrator
to be invalid, User and IMortgageCentral™ agree that the court or arbitrator
should give effect to the parties’ intentions as reflected in the provision,
and the other provisions of the Terms will remain in effect. Pre-Approved
Credit’s failure to act with respect to a breach by any person using the Site
does not constitute a waiver of its right to act with respect to subsequent
or similar breaches. IMortgageCentral™ may assign its rights and duties
under these Terms without such assignment being considered a change to the
Terms and without notice to you. You may not assign these Terms without
the prior written consent of Pre-Approved Credit. These Terms, Pre-Approved
Credit’s Privacy Policy, Lender Agreement, and, policies, or procedures that
may be posted from time to time by IMortgageCentral™ on the Site, and any
modifications to the foregoing, constitute the entire agreement between the
parties with regard to the subject matter in these Terms and supersede all
prior understandings and agreements, whether written or oral, as to such subject
matter. Nothing contained in these Terms will be deemed to constitute either
party as the agent or representative of the other party, or both parties as
joint ventures or partners for any purpose.
18. Governing Law
These Terms will be governed by and construed in accordance
with the laws of the State of Tennessee without regard to its choice of law
provisions. In the event of any conflict between foreign laws, rules
and regulations and those of the United States, the laws, rules and regulations of
the United States will govern. You consent to personal
jurisdiction by the state and federal courts located in Davidson County, Tennessee.
19. Limitation on Actions Brought Against Pre-Approved Credit
You agree that any claim or cause of action arising out of
your use of the Site or these Terms must be filed within one (1) year after
such claim or cause of action arose or it shall forever be barred, notwithstanding
any statute of limitations or other law to the contrary. Within this period,
any failure by IMortgageCentral™ to enforce or exercise any provision of these
Terms or related right shall not constitute a waiver of that right or provision.
20. Acknowledgment
You acknowledge (a) that you
have read and understood these Terms; and (b) that these Terms have the same
force and effect as a signed agreement.
21. Contact Information
If you have any questions about
these Terms, the practices of iMortgageCentral™, or your dealings with this Site,
please contact us through one of the methods listed below. You may also contact
us to update your personal information by notifying us when you change your
name or email address:
These
Terms were last revised on January 15, 2003.
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