LEGAL POLICY
DeadLoanFunding.com Online Services Agreement
Please read the following agreement carefully before using
this software. by clicking the submit button below, you agree to abide by
the terms and conditions of this agreement. If you do not accept the
terms of the agreement, do not click the submit button below, do not install OR
USE DeadLoanFunding.com software, SITE OR THE INFORMATION HEREIN PROVIDED.
THIS AGREEMENT FOR SERVICES ("Agreement") is made by and
between ReoFinders.com, Inc., ("We" or "DeadLoanFunding.com"), a Colorado
Corporation with its principal place of business at 11119
Tottenham Ct. Peyton, CO 80831 and You, a lender, mortgage company,
or mortgage professional ("You," or "Customer") who hereby represent that You
are authorized to enter into this Agreement.
The parties hereby agree as follows:
BY CLICKING THE "I ACCEPT" BUTTON, YOU REPRESENT THAT YOU HAVE
READ AND UNDERSTOOD THIS AGREEMENT, THE TERMS AND CONDITIONS OF USE ("TCU") OF
DEADLOANFUNDING.COM'S WEB SITE, AND DEADLOANFUNDING.COM'S PRIVACY POLICY,
HEREBY INCORPORATED BY REFERENCE, AND EXPRESSLY AGREE TO, AND CONSENT TO BE
BOUND BY, ALL OF THE TERMS AND CONDITIONS CONTAINED THEREIN and WAIVE ALL RIGHT
TO REJECT THESE AGREEMENTS. THIS AGREEMENT SHALL HAVE THE SAME LEGAL EFFECT AND
FORCE AS A WRITTEN AND SIGNED DOCUMENT.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, YOU
MUST SELECT THE "I DO NOT ACCEPT" BUTTON. IF YOU DO SO, WE MAY PROMPTLY CANCEL
YOUR PENDING TRANSACTION(S) (IF ANY) AND RIGHT TO ACCESS DEADLOANFUNDING.COM'S,
INC.S SITE AND YOU MAY BE UNABLE TO ACCESS THE SITE AND THE SERVICES THAT IT
OFFERS. WE RESERVE THE RIGHT TO DECLINE YOUR ACCEPTANCE FOR ANY REASON, WITH OR
WITHOUT NOTICE.
1. Access and control. Customer understands and agrees that
the site may, at times, be inaccessible or inoperable for any reason,
including, but not limited to: (i) equipment or communications malfunctions;
(ii) periodic maintenance, repairs, or administrative reviews which we may
undertake from time to time; or (iii) causes beyond our control or which are
not reasonably foreseeable. DeadLoanFunding.com will store sensitive
information on a secure server with limited Internet access and take other
reasonable security precautions. Customer will be provided with an account ID
and password allowing access to the site. Customer shall be solely
responsible for the confidentiality of the ID and password and for any
authorized or unauthorized access to this site by any person the ID and/or
password. Customer agrees to notify DeadLoanFunding.com immediately of any
unauthorized use of the password, ID, or any other breach of security
discovered by Customer. DeadLoanFunding.com will provide technical assistance
in dealing with any difficulties which may arise in connection with the
Customer's use of the web site, and will attempt to provide such support in a
timely manner, but make no guarantees that each inquiry will be addressed in a
particular time frame. Neither DeadLoanFunding.com nor any of its employees can
be held responsible to respond to Customers requests via telephone, e-mail, or
fax to modify a Customer's Lead Filter. All modifications to My Lead Filters
are Customers responsibility.
2. Warranties and indemnities, termination,
disclaimers. Customer warrants and represents that: The person entering
this agreement is over eighteen years of age and has all right, power, and
authority to execute, deliver, and perform the agreement; Customer is qualified
to enter the agreement because it meets all qualifications which may from time
to time be listed on the DeadLoanFunding.com web site and because it is a
licensed U.S. lending institution or mortgage company; it will conduct its
business at all times (including, without limitation, performance of its
obligations under this agreement) in a manner that reflects favorably on the
goodwill and reputation of DeadLoanFunding.com, and will never publish,
including electronically, material which is actually or potentially obscene,
indecent, offensive, defamatory, unlawful, misleading, miscategorized,
infringing of any proprietary or privacy right, third party contract, SPAM law,
or violation of any law established in a "do not call" list or registry
(including, but not limited to violation of any U.S. law or regulation, the
federal rules and regulations known as and including the Telephone Consumer
Protection Act of 1991, Telemarketing Act, Telemarketing Sales Rules, or the
Do-Not-Call Implementation Act, and any later federal or state laws and
regulations of similar effect), or other statute or regulation. Customer
will defend, indemnify and hold DeadLoanFunding.com, its officers, directors
and representatives harmless from and against any and all damages, liabilities,
costs and expenses (including reasonable attorney's fees) incurred as a result
of any third party claim arising out of (i) any breach or alleged breach of
this agreement or any representation, warranty or obligation set forth in this
agreement, or (ii) its use of licensed leads or any other information or
assistance provided by DeadLoanFunding.com to it.
In connection with this indemnity, Customer will give
DeadLoanFunding.com prompt notice of any claim against it (ii) provide such
cooperation, at its own expense, in defense or settlement of the claim or
action as DeadLoanFunding.com may reasonably request.
DeadLoanFunding.com may terminate this agreement effective
immediately if Customer is in breach of this agreement, or if Customer (i)
Makes a general assignment for the benefit of creditors, (ii) files a voluntary
petition of bankruptcy, suffers or permits the appointment of a receiver for
its business or assets, (iii) becomes subject to any proceedings under any
bankruptcy or insolvency law where such proceeding has not been dismissed
within sixty (60) days, or (iv) has wound up or liquidated, voluntarily or
otherwise. Further, we reserve the right, at our sole discretion, to
terminate this agreement for any reason or no reason. DeadLoanFunding.com's web
site(s) and all contents of the web site are provided AS-IS, and
DeadLoanFunding.com EXTENDS NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE WITH RESPECT TO THE LEADS OR ANY OTHER GOODS OR SERVICES PROVIDED TO OR
RECEIVED BY CUSTOMER. NO WARRANTIES ARE GIVEN THAT THE WEB SITE WILL BE
SECURE, UNINTERRUPTED, ACCESSIBLE, OR ERROR-FREE; AND/OR THAT ANY INFORMATION
OR MATERIAL OBTAINED FROM THE SITE WILL BE ACCURATE, RELIABLE, COMPLETE, OR
FREE FROM VIRUSES OR OTHER FORMS OF MALICIOUS OR DESTRUCTIVE CODE. NO ADVICE OR
INFORMATION OBTAINED FROM DeadLoanFunding.com, WHETHER IN ORAL, WRITTEN OR
ELECTRONIC FORM SHALL CREATE ANY WARRANTY OR OBLIGATION NOT EXPRESSLY STATED IN
THIS AGREEMENT.
DeadLoanFunding.com will not be liable, under any circumstances,
for special, punitive, indirect, incidental, or consequential damages and UNDER
NO CIRCUMSTANCES SHALL DeadLoanFunding.com BE LIABLE TO Customer OR ANY OTHER
PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE
DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SITE OR
SERVICE, OR THE INTERNET GENERALLY, INCLUDING, BUT NOT LIMITED TO: (A) USE OR
INABILITY TO USE THE SITE; (B) ANY CHANGES TO OR INACCESSIBILITY OF THE SITE;
(C) ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY
TRANSMISSION OR DATA; (D) ANY MATERIAL OR DATA TRANSMITTED OR RECEIVED OR NOT
TRANSMITTED OR RECEIVED; AND/OR (E) ANY DATA OR MATERIAL FROM A THIRD PERSON
ACCESSED ON OR THROUGH THE SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE
BASIS OF CONTRACT, TORT OR OTHERWISE. SOME STATES PROHIBIT THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF
LIABILITY MAY NOT APPLY TO YOU. Customer understands that leads may
contain inaccurate information entered by potential mortgage customers and
others, and that DeadLoanFunding.com has made no effort to verify that
information. In no event will DeadLoanFunding.com's liability to Customer
exceed the total amount paid to it by Customer under this agreement. No
claim or action relating to this agreement may be instituted more than one (1)
year after the event giving rise to such action or claim. This provision will
survive any termination of this agreement.
3. Modification and Amendment. DeadLoanFunding.com has the right,
at any time and without notice, to add to or modify the terms of this
agreement, the TCU, and/or the Privacy Policy by posting such amended terms on
the web site. Customer's access to or use of the site after the date such
amended terms are posted shall be deemed to constitute acceptance of such
amended terms. No modification made by Customer shall be binding unless it is
made in writing and signed by DeadLoanFunding.com.
4. Other provisions. This agreement will be governed
and construed in accordance with the laws of the state of Colorado without
giving effect to its conflict of law principles. Customer hereby
irrevocably consents to the personal jurisdiction of and venue in the state and
federal courts located in El Paso, Colorado with respect to any action, claim
or proceeding arising out of or related to this agreement and agrees not to
commence or prosecute any such action, claim or proceeding other than in such
courts. If any provision of this agreement is held to be invalid or
unenforceable for any reason, the remaining provisions will continue in full
force without being impaired or invalidated in any way. The parties agree
to replace any invalid provision with a valid provision which most closely
approximates the intent and economic effect of the invalid provision. In
the event that it is necessary for either party of this agreement to employ an
attorney to enforce its terms or to file an action to enforce any of the terms,
conditions or rights contained herein, or to defend any action then the
prevailing party in any such action shall be entitled to an award of its
reasonable attorney fees, costs and expenses. Headings are for reference
purposes only and in no way define, limit, construe or describe the scope or
extent of such section, or in any way affect this agreement. This
agreement may be executed in one or more counterparts, each of which will be
deemed an original and all of which will be deemed to be one instrument, and
electronically executed copies of the agreement will be equivalent to original
documents. This agreement and its exhibits set forth the entire
understanding and agreement of the parties, and supersede any and all prior or
contemporaneous oral or written agreements or understandings between the
parties, as to the subject matter of this agreement. In the event of any
conflict between the agreement and an exhibit, the terms of the exhibit will
control.
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