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Terms Of Service
Effective date: 05/01/2014
Thank you for visiting this LoansEasily website (the “Site”), which is owned and operated by LoansEasily, Inc., a California corporation (“LoansEasily”). These Terms of Service govern your use of this Site. Please read these Terms of Service carefully.
IF YOU ARE NOT A CALIFORNIA RESIDENT, WE CANNOT HELP YOU AT THIS TIME. PLEASE DO NOT CONTINUE USE OF THIS SITE IF YOU ARE NOT A CALIFORNIA RESIDENT.
IF YOU ARE LOOKING FOR A CONVENTIONAL LOAN ON AN OWNER-OCCUPIED RESIDENCE, THIS SITE IS NOT FOR YOU. OUR SERVICE IS DESIGNED TO CONNECT BORROWERS WITH HARD MONEY (AKA SUBPRIME OR HIGHER COST) BROKERS AND LENDERS. HARD MONEY LOANS MAY BE APPROPRIATE FOR YOU IF YOU HAVE BAD CREDIT OR A NONSTANDARD PROPERTY OR NEED IMMEDIATE FUNDING OR HAVE SOME OTHER REASON YOU CAN NOT QUALIFY FOR A MORE STANDARD LOAN FROM A BANK OR OTHER FINANCIAL INSTITUTION.
Your Acceptance of These Terms of Service
These Terms of Service apply to all users of this Site, whether or not you are a registered member. By using this Site you are agreeing to comply with and be bound by these Terms of Service. If you do not agree to these Terms of Service, you may not access or use this Site.
Ownership of this Site and its Content
This Site, including any and all information of any kind that is contained herein (the “Content”), is protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights herein are the property of LoansEasily, Inc. or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
The presence of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use this Site and to display, download, or print portions of this Site on a temporary basis and for your personal, educational, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.
Loan Request Services - Information for Borrowers
LoansEasily is a marketing lead generator. LoansEasily is not a Lender (i.e. is not a party that takes applications, makes loans or credit decisions in connection with loans, nor does LoansEasily issue commitments or lock-in agreements). “Lender”, as used in this document, is either a commercial real estate lender or a mortgage broker who arranges loans secured by real property in California.
Although LoansEasily is licensed by the California Bureau of Real Estate (license # 01956643), its services are only marketing and administrative in nature and are aimed at putting you in touch with appropriate Lenders. Any loan inquiry you submit is NOT an application for credit. Rather, it is an inquiry to be given to appropriate Lenders who may then decide to contact you to discuss making a loan to you. You may have to complete an application with a Lender before they will extend an offer. The Lender, not LoansEasily, will determine any fees involved in working with that Lender. LoansEasily does not endorse or recommend the products of any particular Lender and does not recommend or endorse any particular Lender.
LoansEasily is not an agent of you or any Lender. You should rely on your own judgment in deciding which available loan product, terms and Lender best suits your needs and financial means. The Lender is solely responsible for its services to you, and you agree that LoansEasily 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. You understand that Lenders may keep your loan request information and any other information provided by LoansEasily or received by them in the processing of your loan request, whether or not you are qualified for a loan with them or if you make a loan with them. You agree to notify any particular Lender directly if you no longer want to receive communications from them.
The data and other information you may provide LoansEasily is not, and is not treated as, an application for a loan or a request to be pre-approved, pre-qualified or any similar concept. LoansEasily does not guarantee acceptance into any particular loan program or specific loan terms or conditions with any Lender. Loan approval standards are established and maintained solely by individual Lenders. Likewise, LoansEasily does not guarantee that the loan terms or rates offered and made available by Lenders are the best terms or lowest rates available in the market. A Lender's offer may be subject to market conditions, approval and qualification. The rates and fees actually provided by Lenders may be higher or lower depending on your complete credit profile, collateral/property considerations including but not limited to location, equity and value and income/asset consideration including, but not limited to loan to value and debt to income ratios. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for a loan commitment or interest rate lock-in agreement. Lenders may not offer all products as well as not offer products in all locations. You might not be matched with the Lender making any specific offer. To help the government fight identity theft, the funding of terrorism and money laundering activities, and to help attempt to verify your identity, LoansEasily and its Lenders may obtain, verify and record information that identifies each person who opens an account with us and them. LoansEasily and the Lenders may ask for your name, Social Security Number, address, telephone number, date of birth and other important information including, but not limited to information received from your credit file, that will allow us and them to properly identify you. During the Lender application process, they may also ask to see your driver’s license or other identifying documentation to further properly identify you.
LoansEasily is paid a marketing lead generation fee by Lenders for the goods, facilities and services provided to them by LoansEasily. Depending on the Lender, the marketing lead generation fee paid by the Lender may be included in your rate, points or loan terms. If you obtain a loan from LoansEasily's network of Lenders, at closing you will be responsible for paying for any settlement or closing costs associated with your loan (such as loan processing, underwriting, or funding fees, title insurance premiums, notary fees, etc.) as per your agreement with the Lender. LoansEasily does not directly charge you a fee for its service in matching you with Lenders. LoansEasily is paid a referral fee by a Lender if you close a loan with a Lender that was introduced to you through LoansEasily.
By clicking on any button indicating an acceptance or agreement to terms, a continuance of processing or submission ("submission") you understand that you are consenting, acknowledging and agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry as to a lending product through LoansEasily to each of the Lenders to whom your loan request is transmitted. You are also indicating that you are consenting, acknowledging and agreeing to receive important notices, disclosures and other communications ("Disclosures and Communications") in electronic form (either by email or via the Internet) from LoansEasily and/or its network of Lenders You understand that you will need, and have access to an email address, Internet access and PDF software to review the Disclosures and Communications. In addition, you acknowledge that we may access your credit file even if your Social Security Number is not provided and that you have received and reviewed and, where applicable, signed the necessary required disclosures. By submitting the loan request containing your electronic signature, you are extending an express invitation to each Lender you have been matched with to contact you by telephone at the numbers you have provided so they may assist you with your transaction, and you hereby consent to any such calls even if your phone number is on any Do Not Call list. Likewise, you are consenting to be contacted by email at the email address you provided or at another address that may be associated with you that we receive from Lenders or other parties and you hereby consent to any such email so it will not be considered spam or unauthorized by any local, state or federal law or regulation. By submitting your contact request for a loan product, you are consenting to be contacted by one or more Lenders who may either by telephone (on a recorded line), email or mail based on the information you have provided to us, even if your telephone number or e-mail is on a corporate, state, or the National Do Not Call Registry.
Information for Lenders
LoansEasily is a marketing lead generator. LoansEasily is not a Lender (i.e. is not a party that takes applications, makes loans or credit decisions in connection with loans, nor does LoansEasily issue commitments or lock-in agreements). Although LoansEasily is licensed by the California Bureau of Real Estate (license # 01956643), its services are only marketing and administrative in nature and are aimed at putting you in touch with appropriate borrowers.
In order to participate in our Site and be given the opportunity to contact borrowers who use our Site, you must sign a Referral Agreement that defines our relationship and the terms upon which LoansEasily will be paid if you close a loan with a borrower who has been introduced to you through our Site. By using this Site, you will be reaffirming the terms of our Referral Agreement and will be agreeing to pay us the referral fee described in our agreement in the event you close escrow with a borrower introduced to you through our Site.
The LoansEasily names and logos (including, without limitation, those of its affiliates), all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within this Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of LoansEasily and/or its affiliates. Other product and company names mentioned herein, including the names of Lenders, may be the trademarks of their respective owners.
In consideration of your use of this Site, you agree that to the extent you provide personal information to LoansEasily it will be true, accurate, current, and complete and that you will update all personal information as necessary.
To the extent you create an account through this Site, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us by emailing email@example.com. Until we are so notified you will remain liable for any unauthorized use of your account.
You agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information; any interference with the availability of or access to this Site; or any unauthorized scraping of the Content on this Site is strictly prohibited. We reserve all rights and remedies available to us, including but not limited to the right to terminate your access to this Site.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, LOANSEASILY, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LOANSEASILY, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).
This Site gives you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Service may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Service shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
Links to Third-Party Websites
This Site may provide links to other websites operated by third parties. Such links are provided for your convenience and reference only. LoansEasily does not operate or control in any respect any information, software, products or services available on such websites. Inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization. When you leave the Websites please note that LoansEasily is not responsible for the accuracy or content of the information provided by that website, nor is it liable for any direct or indirect technical or system issues arising out of your access to or use of third party technologies or programs available through that website.
Modification, Discontinuation, and Termination
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.
You also agree that LoansEasily, in its sole discretion, may terminate your password, account (or any part thereof), or use of this Site for any reason, including, without limitation, for lack of use or if LoansEasily believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. You agree that any termination of your access to this Site under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that LoansEasily may immediately deactivate or delete your account and all related information in your account and/or bar any further access to this Site. Further, you agree that LoansEasily shall not be liable to you or any third-party for any termination of your access to this Site.
Our failure at any time to require performance of any provision of these Terms of Service or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by LoansEasily of any breach of any provision of these Terms of Service or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Service.
If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Service will remain in full force and effect.
Governing Law, Jurisdiction and Venue
These Terms of Service will be governed under the laws of the State of California, excluding its conflicts of law provisions. 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.
You agree to indemnify and hold LoansEasily, its affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site in violation of these Terms of Service.
These Terms of Service May Change
These Terms of Service are current as of the effective date set forth above. LoansEasily reserves the right to change these Terms of Service from time to time consistent with applicable laws and principles. These changes will be effective as of the date we post the revised version on this Site. Your continued use of this Site after we have posted the revised Terms of Service constitutes your agreement to be bound by the revised Terms of Service. If at any time you choose not to accept these Terms of Service, you should not use this Site.
The terms “LoansEasily,” “we,” “us,” and “our” refer to LoansEasily, Inc..
The term “Content” refers to all of the software and code comprising or used to operate this Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site.
The term “including” means “including, but not limited to.”
The term “Site” refers to the website located at LoansEasily.com and owned by LoansEasily.
If you have any questions about this Site or these Terms of Service, please contact us using the following information: firstname.lastname@example.org
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LoansEasily is a licensed broker in good standing with the California Bureau of Real Estate. In order to register as a broker in our system, you need to have the same license.
We only serve business-purpose loans now, although we are in the process of expanding to consumer loans soon. Since we refer business to you, you can structure your loans as fixed-rate, ARM or however works best.
We go to great lengths to make sure that our relationship with our users maintains the highest levels of professionalism. Our advertising seeks to describe our services as honestly and completely as possible and our management team actively takes part in customer support. We expect the same professionalism from the brokers we work with in complying with regulations and engaging in honest, fair lending practices.