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Monday, 08 October 2007 15:11
eBusiness Lending Terms of Use
eBusiness Lending, LLC
845 3rd Ave, Suite 600
New York City, NY 10022
Customer Service: 877.271.2570
Fax: 877.203.7507
E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

TERMS OF USE AGREEMENT

Please read this Terms of Use Agreement ("Agreement") carefully. By accessing this Web site and any pages hereof, you agree to be bound by the terms and conditions below. This Agreement contains an agreement to arbitrate all Claims and disclaimers of warranties and liability. These provisions form an essential basis of our bargain. If you do not agree to these terms and conditions, do not access this Web site.

eBusiness Lending, LLC operates this Web site. For purposes of this Agreement, "eBusiness Lending" means eBusiness Lending, LLC. The loan services made available on this site are provided by eBusiness Lending.

SECURITY POLICY

eBusiness Lending, LLC uses extensive and sophisticated secure technology to protect your data and transmissions between you, eBusiness Lending, banks, lenders and loan brokers participating in this Web site (we refer to all of these as "Lenders"), and real estate professionals participating in this web site (the "real estate professionals"). Here are the highlights:   

  • Transmission between browsers and our web server is implemented using Secure Sockets Layer (SSL) technology. This technology requires an SSL-capable browser such as MS Internet Explorer 3.0 (or later) or Netscape Navigator 2.0 (or later).
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  • Transmissions between eBusiness Lending and participating Lenders or eBusiness Lending and real estate professionals are encrypted using public key cryptography algorithms with a minimum key size of 128 bits.
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  • Our database is physically separated from our web server and is protected by a physical firewall.

    Although eBusiness Lending has taken these reasonable and appropriate measures to ensure that your personal information is delivered and disclosed only in accordance with your instructions, eBusiness Lending cannot and does not guarantee that the personal information you provide will not be intercepted by others and decrypted.

Terms Applicable to All Loan Services

eBusiness Lending does charge you, the User, a fee to use our service. eBusiness Lending is not paid a fee by participating Lenders for the goods, facilities and services provided. Your use of this Web site and/or eBusiness Lending's services constitutes your agreement with this compensation arrangement.

REAL ESTATE SERVICES

All of the information you have provided in this referral form is true and complete. You authorize eBusiness Lending to forward your information to its network of real estate professionals. You further understand and agree that by selecting a real estate company or professional, you are extending an express invitation for them to contact you by telephone at the numbers you have provided, and you hereby consent to any such calls even if your phone number is on the Do Not Call list.

In addition, by completing and submitting a request for more information regarding a real estate listing or requesting contact with a real estate professional, you understand and agree that you are extending an express invitation to real estate professionals to call you by telephone at the numbers you have provided, and you hereby consent to any such calls even if your phone number is on the Do Not Call list. You understand that these real estate professionals may keep the information you submit whether or not you communicate with them regarding a real estate listing and whether or not you complete a real estate transaction with them.

eBusiness Lending does not list or sell homes. Instead, real estate brokerage activities are performed by local licensed real estate brokers. eBusiness Lending acts as a referring broker by referring you to a local real estate broker, and for its services, eBusiness Lending receives a real estate brokerage referral fee of up to 35% of the local broker's commission.

Your use of this Web site and/or eBusiness Lending's services constitutes your agreement with this compensation arrangement. Certain states require that incentives be given as either a credit at closing or as a reduction of your real estate commission. The programs may be available on modified terms, or may be prohibited, in certain jurisdictions. Other restrictions may apply.

Real Estate Create an Account/Registration

By creating an account or otherwise registering with this site, you hereby understand and agree that you have established a business relationship between you and eBusiness Lending, LLC, which is the owner of this site. As such, you agree that eBusiness Lending may contact you using information you provided with information and offers of services available through eBusiness Lending and any of its websites. You hereby consent to any such communication or phone calls even if your phone number is on any Do Not Call list.

COPYRIGHT AND TRADEMARK NOTICES

All contents of this Web site are: Copyright © 2007 eBusiness Lending, LLC and/or its suppliers, participating Lenders, or real estate professionals, 845 3rd Ave, Suite 600, New York City, NY 10022, U.S.A. All rights reserved. eBusiness Lending is a service mark of eBusiness Lending, LLC. Other product and company names mentioned herein, including the names of participating Lenders, may be the trademarks of their respective owners.

DISCLAIMERS AND LIMITATIONS

eBusiness Lending intends that the information contained in its Web site be accurate and reliable; however, errors sometimes occurs. In addition, changes and improvements to the information provided herein may be made by eBusiness Lending at any time. THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." EBUSINESS LENDING AND/OR ITS SUPPLIERS, PARTICIPATING LENDERS, OR REAL ESTATE PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THIS WEB SITE AND/OR EBUSINESS LENDING'S SERVICES IS AT YOUR OWN RISK. EBUSINESS LENDING AND/OR ITS SUPPLIERS, PARTICIPATING LENDERS, OR REAL ESTATE PROFESSIONALS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE AND/OR EBUSINESS LENDING'S SERVICES OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EBUSINESS LENDING AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

INDEMNITY

As a condition of use of this Web site and/or eBusiness Lending's services, you agree to indemnify eBusiness Lending and its suppliers, participating Lenders, or real estate professionals from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of this Web site, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.

LINKS TO THIRD PARTIES

This Web site may contain links to Web sites maintained by third parties. Such links are provided for your convenience and reference only. eBusiness Lending does not operate or control in any respect any information, software, products or services available on such Web sites. eBusiness Lending's inclusion of a link to a Web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

ERRORS AND DELAYS

eBusiness Lending is not responsible for any errors or delays in responding to a qualification form or referral form caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control.

DISPUTE RESOLUTION

Any claim or controversy arising out of or relating to the use of this Web site, to the goods or services provided by eBusiness Lending, or to any acts or omissions for which you may contend eBusiness Lending is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitration shall be venued in Sussex County, DE except for Maine consumers for whom the location shall be a place reasonably convenient to the consumer. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to eBusiness Lending. In any arbitration, eBusiness Lending will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party, provided, however, that in Maine any cost to the consumer shall be limited to the cost of filing a court case. To begin the arbitration process, a party must make a written demand therefor.

Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Sussex County, DE. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto, except in Maine where state law will control all rights and remedies in the arbitration. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
 
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND EBUSINESS LENDING WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using eBusiness Lending's goods and services you consent to these restrictions.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and eBusiness Lending, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Sussex County, DE. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees.

OTHER TERMS

This Agreement constitutes the entire agreement between you and eBusiness Lending and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and eBusiness Lending with respect to this Web site and information, software, products and services associated with it. This Agreement shall be subject to and construed in accordance with the laws of the State of Delaware, excluding its conflict of laws principles. 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. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

 
Last Updated on Sunday, 30 November 2008 15:33