Terms and Conditions |
Last updated: January 1, 2008 Welcome to Loan Repairs. The Loan Repairs is a service owned and operated by Big Zoo Media, Inc. Big Zoo Media makes the Loan Repairs service and this Website (collectively, the “service”) available to you subject to these Terms and Conditions. Your use of the Service constitutes your agreement to the Terms and Conditions in effect at the time. Please check this page periodically for changes as Big Zoo Media reserves the right to revise these Terms and Conditions without notice to you. Your continued use of the Service following any posted changes to the Terms of Service constitutes your acceptance of such changes. PLEASE READ THESE TERMS OF SERVICE CAREFULLY. If you do not agree with these Terms of Service, please do not SUBMIT ANY information TO THIS WEBSITE or otherwise use or access the Service. You must read and agree with all of the Terms and Conditions contained in this Terms and Conditions and the Loan Repairs 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 these Terms and Conditions and the Privacy Policy, you may not use or access the Service. 1. Loan Modification Products and Services. 1.1 The Service is an online marketplace where you can research and compare services for loan modification resources. 1.2 You understand and agree that if you submit a request for a loan modification product or service offered through the Service, Loan Repairs will share your personal information (such as your full name, address, and telephone number) with clients in our client network (referred to individually as “client” and collectively as “clients”) to process and fulfill your request. 1.3 You acknowledge that Loan Repairs does not offer loan modification services directly to you in connection with the Service and that Loan Repairs is not a party to any agreement that you may make with the Client, and that the Client is solely responsible for its services to you. You further acknowledge that Loan Repairs is not acting as your agent or broker and is not recommending any particular loan modification product or Client to you. Any compensation Loan Repairs may receive is paid by the individual Client for the products and services rendered by Loan Repairs to that particular Client. Loan Repairs does not charge you a fee to use the Loan Repairs website. You understand that requirements for a particular loan modification product are made by the individual Clients and that Loan Repairs does not endorse, warrant, or guarantee the products or services of any the Client. 1.4 Loan Repairs does not guarantee that it will be able to match you with a Client or Clients through your use of this Service or that the Clients available through this Service are either capable of or willing to provide you with loan modification products or services or representative of or comparable to the number, type, quality, ability or experience of providers of loan modification products or services available to you directly through other means. 1.5 By submitting your contact request for a loan modification product, you are consenting to be contacted by one or more Clients either by telephone, email or mail based on the information you have provided to us, even if you have opted into the National Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List, or the Do Not Call List of an internal company. You understand that the Clients may maintain the information you submitted through the Service whether you elect to use their services or not. In the event you no longer want to receive communications from a Client, you agree to notify the Client directly. You also give Loan Repairs permission to send you periodic updates of current loan modification products which may be of interest to you. 1.6 Clients are not employees or agents of Loan Repairs, nor is Loan Repairs an agent of the Clients. The terms of your relationship with any Client, including terms, conditions, warranties or representations associated with such dealings, are solely between you and such Client. Your rights under any contract you may enter into with any Client are governed by the terms of such contracts and by applicable federal, state and local laws, rules and regulations. Should you have a dispute with any Client, you must address such dispute with the Client directly. You agree not to hold Loan Repairs liable for any loss or damage of any sort incurred as the result of any OF YOUR dealings WITH ANY CLIENT. 1.7 To the full extent allowed by applicable law, Loan Repairs, at its sole discretion and for any or no reason, may decline to process any request for use of the Service. 2. Other Products and Services. You understand and agree that if you request a product or service other than those made available through the Service, Loan Repairs will share your information with certain business partners to process and fulfill your request. You further agree that our business partners may contact you by telephone, email or mail based on the information you have provided to us, even if you have opted into the National Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List, or the Do Not Call List of an internal company. You understand that Loan Repairs's business partners may maintain the information you submitted to through the Service whether you elect to use their services or not. In the event you no longer want to receive communications from an Loan Repairs business partner, you agree to notify the partner directly. 3. Use of the Loan Repairs Website and Service. 3.1 You certify to Loan Repairs 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 through the Service, online or otherwise, is accurate and complete, and that you have not knowingly submitted false information on or through the The Loan Repairs Website or Service; and, (iv) your use of the Service is subject to all applicable federal, state, and local laws and regulations. 3.2 You understand and agree that the Service includes advertisements and opportunities for you to request additional offers from Loan Repairs and other third parties and that these advertisements and opportunities are necessary for Loan Repairs provide the Service.
3.3 When you respond to advertisements or offers from third parties, you may be providing information or be asked to provide additional information to such third party and/or you may be transferred or directed to a Website other than this Website. Loan Repairs does not endorse, has no control over and is not responsible in any manner for the terms, conditions, fulfillment or performance of such third party advertisements or offers, the collection of information from you by any such third parties, the use of your information by any such third parties or the use, operation or availability of Websites owned or operated by, or on behalf of, any such third parties. You agree not to hold Loan Repairs liable for any loss or damage of any sort incurred as the result of any OF YOUR INTERACTIONS WITH ANY SUCH THIRD PARTY OR YOUR use of or reliance on any Content, goods or services available through any SUCH THIRD PARTY. 4. Prohibited conduct. You must not (i) submit, transmit or facilitate the distribution of information or content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable; (ii) submit, transmit, promote or distribute information or content that is illegal; (iii) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (iv) take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) upload invalid data, viruses, worms, or other software agents through the Service; (vi) use any robot, spider, scraper or other system to access the Service for any purpose without our express written permission; (vii) impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity; (viii) submit, upload, post, email, transmit or otherwise make available any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (ix) interfere with the proper working of the Service; (x) bypass the measures we may use to prevent or restrict access to the Service; or (xi) use the Service for commercial or advertising purposes. 5. Copyright and Trademark Notice Information. 5.1 You acknowledge and agree that (a) all text, pictures, graphics, logos, button items, images, works of authorship and other information and all revisions, modifications and enhancements thereto incorporated into the Service (collectively, “content”) are the copyrighted works of Loan Repairs or its third party content suppliers and are protected by copyright laws, (b) the Loan Repairs name, the Loan Repairs logo, all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Loan Repairs (collectively, “marks”) and (c) all other trademarks, service marks, product names, company names or logos incorporated into the Service are the property of their respective owners. 5.2 You agree that you have no right to reproduce, display, modify, publish or transmit any Content or Marks or otherwise use any Content or Marks except in connection with your use of the Service. 6. Links to Other Websites. Loan Repairs, through the Loan Repairs website, the Service or otherwise, may provide links to other websites. Because Loan Repairs has no control over such websites, you acknowledge and agree that Loan Repairs 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 Loan Repairs will 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. 7. Indemnification. YOU AGREE TO INDEMNIFY LOAN REPAIRS, INCLUDING LOAN REPAIRS'S PARTNERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PARENTS, SUCCESSORS, AND THEIR SUPPLIERS, AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE SERVICE, YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. 8. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT. 8.1 YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “as is” AND “as available” BASIS. LOAN REPAIRS, INCLUDING LOAN REPAIRS'S PARTNERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PARENTS, SUCCESSORS, AND THEIR SUPPLIERS, 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 AND NON-INFRINGEMENT. 8.2 LOAN REPAIRS, INCLUDING LOAN REPAIRS'S PARTNERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PARENTS, SUCCESSORS, AND THEIR SUPPLIERS, MAKES NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (d) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS OR NEEDS. 8.3 LOAN REPAIRS, INCLUDING LOAN REPAIRS'S PARTNERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PARENTS, SUCCESSORS, AND THEIR SUPPLIERS, MAKES NO WARRANTY REGARDING ANY CONTENT, GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO AS A RESULT OF YOUR USE OF THE SERVICE. 9. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT LOAN REPAIRS, INCLUDING LOAN REPAIRS'S PARTNERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PARENTS, SUCCESSORS, AND THEIR SUPPLIERS, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, EXPENSES, AND COURT COSTS) RESULTING FROM YOUR BREACH OF THIS AGREEMENT, YOUR OMISSIONS, YOUR FAILURE TO ABIDE BY ALL APPLICABLE LAWS, RULES, OR REGULATIONS, OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SERVICE, OR FROM YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE UPON ANY WEBSITE LINKED TO FROM THE SERVICE, EVEN IF LOAN REPAIRS, INCLUDING LOAN REPAIRS'S PARTNERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PARENTS, SUCCESSORS, AND THEIR SUPPLIERS, HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. 10. Release. YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE LOAN REPAIRS AND ITS AFFILIATES, PARTNERS, SERVICE PROVIDERS, CLIENTS, VENDORS, AND CONTRACTORS 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, LIABILITIES, 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. 11. Notice. Loan Repairs may provide you with notices, including those regarding changes to the Terms of Service, either by email, regular mail, or postings on the Service. All notices to Loan Repairs must be made in writing and mailed to. Big Zoo Customer Service 12. Termination. You agree that Loan Repairs may, under certain circumstances and without prior notice, immediately terminate your access to the The Loan Repairs Website or Service. Cause for such termination will include, but not be limited to: (i) breaches or violations of the Terms of Service 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 will be made in Loan Repairs's sole discretion and that Loan Repairs will not be liable to you or any third party for any termination or access to the The Loan Repairs Website or Service. 13. Modification to Service. Loan Repairs 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 Loan Repairs will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 14. Governing law and other terms. 14.1 Mandatory Arbitration. You understand and agree that all claims, disputes, or controversies between you and Loan Repairs, including Loan Repairs’ partners, officers, directors, agents, employees, subsidiaries, affiliates, parents, successors, and their suppliers, including but not limited to tort and contract claims, claims based upon any federal, state, or local statute, law, order, ordinance, or regulation, and the issue of arbitrability, shall be resolved by final and binding arbitration using the American Arbitration Association's (AAA) Commercial Arbitration Rules (AAA Rules) in effect on the date of initiation of the arbitration, except as to those AAA Rules that conflict with or differ from this Terms of Service, by one or more arbitrators appointed in accordance with the said rules at a location determined by the arbitrator(s). Any controversy concerning whether a dispute is arbitrable shall be determined by the arbitrator(s) and not by the court. Judgment upon any award rendered by the arbitrator(s) may be entered by any state or federal court having jurisdiction thereof. This arbitration contract is made pursuant to a transaction in interstate commerce and its interpretation, application, enforcement, and proceedings there under shall be governed by the Federal Arbitration Act, 9 U.S.C. Sec. 1-16 (“ffa”). Neither you nor Loan Repairs shall be entitled to join or consolidate claims in arbitration by or against other consumers or arbitrate any claim as a representative or member of a class or in a private attorney general capacity. The parties voluntarily and knowingly waive any right they have to a jury trial. 14.3 Enforceability. If any part of these Terms and Conditions is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. These Terms and Conditions are personal to you and you may not transfer, delegate or assign these Terms and Conditions to anyone. 14.4 Assignment. Any attempt by you to assign or delegate these Terms and Conditions shall be null and void. Loan Repairs may assign these Terms and Conditions at its sole discretion. 14.5 Other Documents. These Terms and Conditions may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both Loan Repairs and you. 14.6 Security Procedures. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, Loan Repairs takes commercially reasonable precautions to protect the security, confidentiality, and integrity of the data you provide to Loan Repairs when making use of the Service. 14.7 No Tampering. You agree not to tamper with the proper functioning and tracking of the Service. Emulating or “faking” Service visits or usage may lead to legal action against you. 14.8 Unauthorized Use. ANY UNAUTHORIZED USE OF THE SERVICE IS PUNISHABLE BY LAW AND WILL BE PROSECUTED TO THE FULL EXTENT OF THAT LAW. 14.10 Waiver. No failure of either party to exercise or enforce any of its rights under these Terms and Conditions will act as a waiver of such rights. 14.11 Entire Terms of Service. These Terms and Conditions, the Privacy Policy and other terms, conditions and policies Loan Repairs may post on this Service constitute the entire Terms of Service between you and Loan Repairs in connection with the Service and supersede all prior agreements between the parties regarding the subject matter contained herein. These Terms and Conditions, the Privacy Policy and other terms, conditions and policies Loan Repairs may post on this Service shall be read to be mutually consistent wherever possible. In the event of any conflict, these Terms and Conditions and the Privacy Policy will control over other terms, conditions and policies Loan Repairs may post on this Service. 15. Contacting Loan Repairs. If you have questions, please contact Loan Repairs at support@loanrepairs.net PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
|