Home Mortgage Refinancing, Commercial and Construction Loans

The Agreement describes the terms and conditions applicable to your use of the LOANGETTER Website and the products and services provided through or in connection with the LOANGETTER Website (collectively, "Service"), which may be updated by LOANGETTER from time to time without notice to you. LOANGETTER may also offer other services that are governed by a different Terms of Service.

You must read and agree with all of the terms and conditions contained in this Agreement and the LOANGETTER Website privacy policy then in effect ("Privacy Policy"), which is incorporated by reference, before you use the Service. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access the Service.

Loan Products and Services. The LOANGETTER Website is an online marketplace where you can research and compare prices in a number of different categories, including home purchase loans, home equity loans, and home refinance loans. You understand and agree that if you submit a request for a loan product or service offered through the Service, LOANGETTER will share your personal information (such as your full name, address, telephone number, and social security number) with Providers in our provider network, including banks, correspondent lenders, mortgage bankers and brokers (referred to individually as "Provider" and collectively as "Providers") to process and fulfill your request.

You acknowledge that LOANGETTER does not make loan or credit decisions in connection with the Service and that LOANGETTER is not a party to any agreement that you may make with the Provider, and that the Provider is solely responsible for its services to you. You further acknowledge that LOANGETTER is not acting as your agent or broker and is not recommending any particular loan product or Provider to you. Any compensation LOANGETTER may receive is paid by the individual Provider for the products and services rendered by LOANGETTER to that particular Provider. LOANGETTER does not charge you a fee to use the LOANGETTER Website. You understand that requirements for a particular loan product are made by the individual Providers and that LOANGETTER does not endorse, warrant, or guarantee the products or services of any the Providers. Nothing contained herein shall constitute an offer or promise for a loan commitment or interest rate lock-in agreement. You agree that LOANGETTER shall not be liable for any damages or costs of any type which arise out of or in connection with your use of the Provider's service.

By submitting your contact request for a loan product, you are consenting to be contacted by one or more Providers.You understand that the Providers may maintain the information you submitted to LOANGETTER whether you elect to use their services or not. In the event you no longer want to receive communications from a Provider, you agree to notify the Provider directly. You also give LOANGETTER permission to send you periodic updates of current loan products which may be of interest to you.
Use of the LOANGETTER Website and Service. You certify to LOANGETTER that: (i) you are at least eighteen (18) years of age; (ii) you assume full responsibility for the use of the Service by any minors; (iii) you agree that all information you have submitted to LOANGETTER, online or otherwise, is accurate and complete, and that you have not knowingly submitted false information on or through the LOANGETTER Website or Service; and, (iv) your use of the Service is subject to all applicable federal, state, and local laws and regulations.
Privacy Policy. LOANGETTER respects your privacy. Personal information submitted in connection with the Service is subject to our Privacy Policy.
Links and affiliated websites. LOANGETTER, through the Service or otherwise, may provide links to other websites. Because LOANGETTER has no control over such websites, you acknowledge and agree that LOANGETTER is not responsible for the availability of such external websites, and does not endorse and is not responsible or liable for any content, advertising, products, whether loan, auto, or telecommunications, or other materials on or available from such websites. You further acknowledge and agree that LOANGETTER shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, goods or services available on or through any such website.
Indemnification. You agree to indemnify and hold LOANGETTER, its subsidiaries, affiliates, agents, shareholders, officers, contractors, vendors and employees 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 the Agreement by you, or the infringement by you, or any other user of the Service using your computer, of any intellectual property or other right of any person or entity. LOANGETTER reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
No Warranty. LOANGETTER PROVIDES THE SERVICE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURANCY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOANGETTER MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. LOANGETTER DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION: (i) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (ii) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND, (iii) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
Limitation of Liability. IN NO EVENT WILL LOANGETTER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICE, EVEN IF LOANGETTER HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST LOANGETTER WITH RESPECT THIS AGREEMENT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
Release. YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE LOANGETTER AND ITS AFFILLIATES, PARTNERS, SERVICE PROVIDERS, 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 SERVICE.
Termination. You agree that LOANGETTER may, under certain circumstances and without prior notice, immediately terminate your access to the Service. Cause for such termination shall include, but not be limited to: (i) breaches or violations of the Agreement or other incorporated agreements or the Privacy Policy; (ii) requests by law enforcement or other government agencies; (iii) discontinuance or material modification to the Service (or any part thereof); and (iv) unexpected technical or security issues or problems. You agree that all terminations for cause shall be made in LOANGETTER's sole discretion and that LOANGETTER shall not be liable to you or any third party for any termination or access to the Service.
Dealings with Third Parties. Your correspondence or business dealings with any third parties as a result of your visit and participation in the Service, including, but not limited to, business dealings with mortgage brokers or lenders, insurance agents or carriers, or any other terms, conditions, warranties, representations associated with such dealings, are solely between you and such third party. You agree that LOANGETTER shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party on the Service.
Disputes. This Agreement will be interpreted in accordance with the laws of the State of California, without regard to the conflicts of laws principles thereof. The parties agree that any and all disputes, claims or controversies arising out of or relating to the Agreement, its interpretation, performance, or breach, that are not resolved by informal negotiation within 30 days (or any mutually agreed extension of time), shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (AAA) in San Francisco, California, or its successor. Either party may commence the arbitration process called for herein by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA's Commercial Dispute Resolutions Procedures in effect at the time of submission of the demand for arbitration. The costs of arbitration plus all attorneys fees shall be by the respective parties in such arbitration. Judgment on the award rendered by the arbitrator may be entered in the Superior Court of California, County of San Francisco, or the United States District Court for the Central District of California. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the Superior Court of California, County of San Francisco, or the United States District Court for the Central District of California: (i) any dispute, controversy, or claim relating to or contesting the validity of LOANGETTER's proprietary rights, including without limitation, trademarks, service marks, copyrights, or trade secrets; or, (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or provisional relief such as writs of attachments or possession.

THE PARTIES AGREE THAT THIS AGREEMENT HAS BEEN ENTERED INTO AT LOANGETTER'S PLACE OF BUSINESS IN THE COUNTY OF MARIN, STATE OF CALIFORNIA, AND ANY ARBITRATION, LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE COMMENCED AND TAKE PLACE IN THE COUNTY OF MARIN, STATE OF CALIFORNIA.
Modification to Service. LOANGETTER reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that LOANGETTER shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Waiver and Severability of Terms. The failure of LOANGETTER to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
Disclosure of Your Information. You acknowledge, consent and agree that LOANGETTER may access, preserve, and disclose the information we collect about you if required to do so by law or in good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any information or content violated the rights of the third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of LOANGETTER, its users and the public.
Entire Agreement. The Agreement constitutes the entire agreement between you and LOANGETTER and governs your use of the Service, superseding any prior agreements between you and LOANGETTER. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other LOANGETTER services, affiliate services, third party content or third party software.
Statute of Limitations. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO USE OF THE SERVICE OR THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.