General Terms Agreement for Lenders
Date of Last Revision: August 24, 2014.
Welcome to our website ("www.iWantMortgageLeads.Com").
2. General Terms
- 1.1 iWantMortgageLeads.Com ("iWML" or "we" or "our" or "us") has its principal place of business located at 252 Silverado Dr., Naples Florida 34119. iWML is the owner and operator of this Website. iWML, via our Website, provides a lead generation service that matches the needs of the consuming public searching for mortgage and various other lending leads, competitive mortgage rates with the rates available from our participating lenders ("Lenders").
- 1.2 Your use of iWML's products, software, services, servers and Website (referred to collectively as our "Service" in this document) is subject to the terms and conditions of a binding and enforceable agreement ("Agreement") between you and iWML, as defined herein. By using our Service you acknowledge and agree that you have fully read and agree to be bound by the provisions of this Agreement. If you do not agree to be bound by this Agreement in its entirety, then you must immediately stop using our Service.
- 1.3 PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING A USER'S LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. IT ALSO CLEARLY SPECIFIES THE MANNER BY WHICH ACCEPTANCE OF THIS AGREEMENT OCURRS. THE LIMITATIONS AND EXCLUSIONS CONTAINED HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND iWML.
3. Acceptance and Modifications
- 2.1 The terms and conditions provided herein (the "General Terms") apply to all users of our Service, including Lenders and the public at large ("Users").
- 2.2 For the purposes of the General Terms "you" means an individual member of the consuming public that is using our Service to search for mortgage leads, competitive mortgage rates on the Internet, or the business entity whose authorized agent is registering as a qualified Lender on our Service, depending on the context.
- 2.3 The General Terms contained herein are included by reference in the subsequent agreements entered into between iWML and a Registered User and constitute the minimum terms and conditions controlling use of our Service. The term Agreement, as used herein, refers to the General Terms and to any agreement entered into between a Registered User and iWML that includes the General Terms by reference.
- 2.4 Our Service includes all pages on our Website's domain (www.iWantMortgageLeads.Com) and all pages on any related sub-domains, all of which are controlled by this Agreement.
- 3.1 iWML reserves the right to change or revise this Agreement at any time by posting a notification on our Website. iWML, at its sole discretion, may provide a Registered User notification via other mechanisms, but is not required to do so.
- 3.2 You agree to accept this Agreement when becoming a User. As a User, you are also required to affirmatively accept any future revisions to this Agreement in a similar manner.
- 3.3 iWML will notify Users of revisions by posting a "Revision Date" to this Agreement by posting the "Last Revised Date" preceding the first paragraph of this document. The revised Agreement will take effect immediately after it has been posted on our Website.
- 3.4 All Lenders are required to become Registered Users on our Service in order to participate in iWML Lender network ("Network").
5. Account Registration
- 4.1 iWML requires compliance with our eligibility ("Eligibility") requirements, as defined herein. Our Service is not intended for individuals under the age of 18. It is intended solely for members of the consuming public that are of legal age and Lenders that want to participate in our Network.
- 4.2 By using our Service you assert and warrant that you are doing so for the purpose of using our Service as a qualified Lender. Lender qualification is determined by iWML, in its sole discretion, but at a minimum requires Lenders to possess all state, federal and local licenses required to make its products or services ("Offerings") available on our Service. Use for any other purpose violates this Agreement and is strictly prohibited. By using our Service, you further assert and warrant that you are of legal age and possess the legal capacity to enter into this Agreement on behalf of the entity you represent.
6. Marketplace Intermediary
- 5.1 As a user you are required to provide us accurate, current, reliable and otherwise valid data when completing the registration forms that establish your account ("Account") on our Service and you agree that such data must be kept current and revised in a timely manner when events occur that may alter its validity.
- 5.2 As a user you agree that you are solely responsible for the data and activities related to updating and maintaining your Account, notwithstanding the fact the iWML may, for technical or other reasons, assist you in making changes to your Account at your direct request, and after proper verification.
- 5.3 Use of our Service may require you to maintain security credentials that allow you access to your Account. The credentials include a user identifier and a corresponding password. You may also be required to establish additional credentials should iWML deem them necessary to protect the integrity of our Service. You agree that you are responsible for maintaining the confidentiality of said credentials.
7. Limited License
- 6.1 iWML is a marketing lead generator ("MLG"). As such, iWML DOES NOT PERFORM ANY OF THE FOLLOWING BUSINESS FUNCTIONS ON YOUR BEHALF, OR ON BEHALF OF OUR LENDERS, OR ON BEHALF OF ANY THIRD PARTY: a) take loan applications; b) make loans; c) make credit decisions; d) retrieve credit scores; and e) issue commitments or lock-in agreements.
- 6.2 As an MLG, iWML simply gathers some basic information about your mortgage requirements ("Submission") and forwards this information to certain Network members, depending on the information in your Submission, which subsequently may provide you with conditional loan offers and other services ("Offerings").
- 6.3 You acknowledge and agree that iWML is not recommending any particular Lender and is not acting as your agent with respect to your interaction with its Network. You further acknowledge and agree that iWML has not charged you a fee for your Submission or for any other function or feature provided by our Service.
- 6.4 You acknowledge and agree that the requirements of any Offerings made available by a Lender including, but not limited to, rates and fees where applicable, are made by the Lender and that iWML does not endorse, warrant or guarantee any such Offerings, nor does iWML participate in the transaction between you and a Lender pertaining to said Offerings.
- 6.5 You acknowledge and agree that by providing iWML with a Submission you are consenting to be contacted by one or more Lenders in our Network and by any suitable medium including, but not limited to, via a mobile device or email, based on the information provided in said Submission, even if you have opted out of a National, State, or company Do Not Call list.
- 6.6 You acknowledge and agree that a Lender may maintain information provided by you in your Submission, even if said vendor does not respond to your Submission with one or more offerings. You further acknowledge and agree that it is your responsibility to contact a Lender directly if you no longer want to receive further communications from said Lender.
- 6.7 You acknowledge and agree that Lenders in our Network expressly reserve the right to terminate the availability of any and all Offerings, at the Lenders' sole discretion, and that iWML has no control over Lender Offerings, with respect to availability, terms, or in manner whatsoever.
- 7.1 All content on our Service including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Information"), are the property of iWML or its licensors with all rights reserved.
- 7.2 If you meet the requirements of Eligibility, and have properly gained access to our Service as provided for in this Agreement, then you are granted a limited license to use our Service and the Information, and to download and print a copy of any portion of the Information for non-commercial use, provided that you keep all copyright or other proprietary notices intact.
- 7.3 As pertaining to all the Information you may not make available, in any form and by any mechanism, said Information on any public or private website or incorporate the Information in any other database or compilation.
- 7.4 Any use of the Information, other than as set forth herein, is strictly prohibited. This limited license allows you to use the Information only for lawful uses in accordance with the foregoing and does not allow you to sell the Information, use the Information for commercial use, or use any type of data mining, robots, or similar data gathering or extraction methods on our Service.
- 7.5 Absent prior written consent from iWML, you may not copy or imitate any elements of our Service, including but not limited to, graphics, digital images, logos, sounds, images, and buttons protected by trade dress and other laws. Absent prior written consent from iWML, you may not use framing, metatags, or hidden text techniques in association with our logo, trademark or other copyrighted or proprietary information.
- 7.6 Unless expressly stated in this Agreement, or in a subsequent agreement entered into by iWML and a Registered User, nothing herein shall be construed as conferring any license to intellectual property rights, in any form or by any mechanism.
- 7.7 The iWML limited license is revocable at any time without notice and with or without cause.
- 8.1 As defined herein, transmissions ("Transmissions") may take the form of Submissions, questions, comments, suggestions, ideas, feedback, notes, messages, e-mails, postings, letters, or other written materials about, or concerning, our Service, provided by you to iWML. You acknowledge that Transmissions by you to and from our Service are non-confidential, and that others may read and/or intercept such Transmissions.
- 8.3 By using our Service, you thereby assign all right, title, and interest, including the copyright therein, in all Transmissions, to iWML. Accordingly, iWML shall own all intellectual property rights in the Transmissions and shall be entitled to unrestricted use of the Transmissions for any purpose, commercial or otherwise, without acknowledgment, compensation, or liability to you. By submitting such Transmissions to our Service, you irrevocably waive all "moral rights" in such Transmissions.
10. Limitations of Liability
- 9.1 You agree to defend, indemnify, and hold iWML, its parents, subsidiaries, affiliates, officers, agents and employees, its suppliers and their respective affiliates and agents harmless from all claims, liabilities, damages, and expenses (including attorneys' fees and expenses) arising out of or relating to your use of our Service, including but not limited to: (1) your submission to our Service of any Transmission; (2) your alleged breach of this Agreement; or (3) your infringement of any intellectual property or other right of any person or entity.
- 9.2 iWML acknowledges and agrees that the indemnification sought in 9.1 is limited to acts that are directly or indirectly under your control regarding your use of, or inability to use, our Service, and does not extend beyond that.
- 10.1 IN NO EVENT SHALL iWML BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE OUR SERVICE; OR FOR THE LOSS OF PROFITS OR DAMAGES THAT MAY RESULT FROM THEFT, DELAYS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, FAILURE OF PERFORMANCE, DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE); OR OTHERWISE, EVEN IF iWML HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- 10.2 APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH CASES, THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. TO THAT EXTENT, iWML'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION SHALL NOT BE GREATER THAN THE TOTALITY OF PAYMENTS MADE BY YOU TO IWML IN EXCHANGE FOR ALLOWING YOU TO USE OUR SERVICE DURING THE PAST THREE MONTHS PRIOR TO THE COMMENCEMENT OF ANY LEGAL ACTION OR PROCEEDING, OR $100.00 USD, WHICHEVER IS LESS.
- 11.1 YOU ACKNOWLEDGE THAT OUR SERVICE AND THE INFORMATION THEREIN ARE PROVIDED ON AN "AS IS" BASIS AND THAT iWML MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING OUR SERVICE OR THE INFORMATION. iWML DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
- 11.2 BY USING, OR ATTEMPTING TO USE, OUR SERVICE, YOU EXPRESSLY ACKNOWLEDGE THE FOLLOWING:
- (1) THE INFORMATION COULD INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS;
- (2) iWML DOES NOT REPRESENT OR WARRANT THE TIMELINESS, RELIABILITY, COMPLETENESS, OR ACCURACY OF THE INFORMATION; AND
- (3) iWML DOES NOT REPRESENT OR WARRANT THAT OUR SERVICE OR ANY RELATED SERVERS ON WHICH IT RESIDES ARE FREE OF ERRORS OR VIRUSES OR OTHER POTENTIALLY DAMAGING CONTENT.
- 11.3 iWML MAY PERIODICALLY MAKE CHANGES TO ANY SERVICE CONTENT, INFORMATION, and FEATURES OR FUNCTIONS. iWML RESERVES THE RIGHT TO IMPLEMENT SUCH CHANGES AT ANY TIME WITHOUT NOTICE TO YOU, OTHER THAN THAT WHICH IS SET FORTH IN THIS AGREEMENT.
- 11.4 UNLESS SPECIFICALLY INDICATED IN WRITING TO THE CONTRARY, NO REFERENCE IN OUR SERVICE TO ANY PRODUCTS, PROCESSES, SERVICES OR OTHER INFORMATION BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, OR OTHERWISE, SHALL CONSTITUTE OR IMPLY iWML'S ENDORSEMENT OR SPONSORSHIP THEREOF.
13. Intellectual Property Rights of Third Parties
- 12.1 Our Service may include hypertext links to other websites over which iWML has no control. iWML makes no representations of any kind regarding the content on such websites or the content on any website linked to such websites or to any changes or modifications made thereto.
- 12.2 You hereby acknowledge that by using any such hypertext links, you irrevocably waive any and all claims against iWML regarding such websites and must adhere to the usage and privacy policies governing such sites. IWML's usage of links does not imply our endorsement, or sponsorship, of any such websites.
- 13.1 iWML respects the intellectual property rights of others and requires Users of our Service to do likewise. iWML prohibits Users from making available, in whatever form and by whatever mechanism, content on our Service that infringes upon any party's intellectual property rights.
- 13.2 iWML has the right to terminate the participation of any infringing User and will take steps to do so immediately upon proper notification and in compliance with applicable law. You acknowledge and agree that a violation of the intellectual property rights of others on our Service triggers the Indemnification as provided for herein.
15. User Conduct Restrictions: Impermissible Use and Activities
- 14.1 All trademarks used on our Service are the property of their respective owners and may not be used without permission therefrom.
- 14.2 Whether or not specifically designated as such, freerateupdate.com and all other colors, graphics, logos, sounds, images, icons and buttons displayed on our Service are or may be trademarks of iWML or its affiliates.
- 14.3 Absent prior written consent from iWML, you may not copy, imitate, or use any portion of these marks.
16. Data Collection
- 15.1 You agree not to use our Service to transmit data or code which: (1) is unlawful, threatening or abusive; (2) encourages criminal or other activity that would reasonably give rise to civil liability or otherwise violate any local, state, federal, or international law; (3) contains false or misleading information; (4) inhibits another User from use or enjoyment of our Service; (5) is defamatory, libelous or otherwise unlawful; (6) contains a virus or surreptitious code; (7) contains any type of commercial component or advertising; or (8) allows for the harvesting of email addresses or other contact information, or the harvesting of information of any kind.
- 15.2 Furthermore, you agree not to use our Service to engage in the following kinds of activities: (1) transmit, upload, post, store, and share content of any kind, and by any other mechanism, that you are not the lawful owner or licensee of; (2) register for more than one Account or register an Account in the name of another; (3) impersonate a person or entity or make misrepresentations regarding affiliations of any kind; (4) engage in any kind of behavior that can reasonably be construed as SPAMMING; (5) engage in any behavior likely to cause harm to IWML, our Service, its Users, or to the public at large.
17. Governing Law
- 16.2 iWML does not knowingly collect personally identifiable information (or information of any other kind) directly from anyone under the age of 18, with or without parental consent. If you have a good faith belief that iWML has inadvertently collected such information, please contact iWML. iWML will take immediate steps to remove such information from our Service and from any databases under iWML's control.
- 18.1 Any claim or controversy arising among or between the parties hereto pertaining to our Service, or any claim or controversy arising out of, or with respect to, any matter contained in this Agreement, or any differences as to the interpretation or performance of this Agreement, other than those wherein either party has infringed or threatened to infringe the other party's intellectual property rights, or wherein you have violated our User Conduct Restrictions, shall be settled by arbitration in the State of Florida. Such arbitration shall be before three arbitrators of the American Arbitration Association (the "AAA") under its then prevailing rules.
- 18.2 Intellectual property rights, as defined herein, include patent, copyright, trademark or trade secrets. You and iWML jointly acknowledge that arbitration is not an adequate remedy at law for actual or threatened infringement of either party's intellectual property rights. Therefore, it is agreed that injunctive or other appropriate relief may be sought under these circumstances.
- 18.3 In any arbitration involving this Agreement, the arbitrators shall not make any award that will alter, change, cancel or rescind any provision in this Agreement, and their award shall be consistent with the provisions of this Agreement. Any such arbitration must be commenced no later than one (1) year from the date such claim or controversy arose, or the claim is waived.
- 18.4 The award of the arbitrators shall be final and binding and judgment may be entered thereon in any court of competent jurisdiction.
- 19.1 Either you or iWML may terminate this Agreement. You may terminate this Agreement by destroying all materials obtained from our Service and, if you are a Registered User, by providing a termination notice to iWML. iWML may terminate this Agreement immediately, without notice for any reason, or no reason, and reserves the right to block or prevent your future access to our Service.
- 19.2 Should you or iWML decide to terminate this Agreement then iWML will prevent access to your Account on our Service. iWML agrees to make a good faith effort to resolve an outstanding dispute between iWML and a Registered User, if any exist, prior to termination. iWML, at its sole discretion, may restore access to your Account if the dispute has been resolved to its satisfaction.
- 19.3 You acknowledge and agree that termination of this Agreement by either party pertains solely to your use of our Service, and has no effect on other contractual obligations that may exist between the parties, which remain in full force and effect.
21. Entire Agreement
22. Definitions and Constructions
- This Agreement contains all of the terms and condition agreed to by you and iWML with respect your use of our Service. It supersedes all prior agreements, arrangements and communications between the parties dealing with same, whether oral or written.
- Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter.