Our
Terms
LenderLister.com caters to Mortgage
Professionals within the United States Of America.
LenderLister.com advertises directly to Mortgage Brokerage
Businesses & individual Mortgage Brokers. Our concept is to create a
Mortgage Broker Portal Site which will facilitate The announcement of
Loan Programs & Mortgage Industry Vendors Products & Services to
Mortgage Brokers & Consultants Nationwide. On LenderLister.com there is no cost or membership for
Mortgage Brokers. Each visitor to LenderLister.com is
looking to find a home for there loans & mortgage industry products
& services.
ADVERTISING
TERMS
Introduction:
This Agreement between you and LenderLister.com consists of these Terms
and Conditions. "You" or "Advertiser" means the entity identified in this
enrollment form, and/or any agency acting on its behalf, which shall also
be bound by the terms of this Agreement. Please read very carefully these
Terms and Conditions.
Uses: You agree that your ads may be
placed on (i) LenderLister.com's web site owned and operated by JGG or
(ii) Any ads may be modified without your consent to comply with any
policy of LenderLister.com. LenderLister.com reserves the right to, and in
its sole discretion may, at any time review, reject, modify, or remove any
ad. No liability of LenderLister.com and/or its owner(s) shall result from
any such decision.
Parties' Responsibilities: You are
responsible of your own site and/or service advertised in LenderLister.com
web site. You are solely responsible for the advertising image creation,
advertising text and for the content of your ads, including URL links.
LenderLister.com is not responsible for anything regarding your Web
site(s) including, but not limited to, maintenance of your Web site(s),
order entry, customer service, payment processing, shipping, cancellations
or returns.
Termination, Cancellation: LenderLister.com may
at any time, in its sole discretion, terminate the Campaign, terminate
this Agreement, or cancel any ad(s) or your use of any Target.
LenderLister.com will notify you via email of any such termination or
cancellation, which shall be effective immediately. No refund will be
made for any reason on your already billed month. You may cancel any
ad and/or terminate this Agreement with or without cause at any time.
Termination of your account shall be effective when LenderLister.com
receives your notice via email from PayPal.com showing that you have
canceled your account. No refund will be made for any reason. Their
are no refunds on a already billed month.
Content:
LenderLister.com web site doesn't accepts advertising that contains: (i)
pornography, (ii) explicit adult content, (iii) moral questionable
content, (iv) illegal content of any kind, (v) illegal drugs promotion,
(vi) racism, (vii) politics content, (viii) religious content, and/or (ix)
fraudulent suspicious content. If your advertising and/or target web site
has any of this content and you purchased an advertising package, you'll
not receive refund of any kind.
No Guarantee:
LenderLister.com makes no guarantee regarding the levels of clicks for any
ad on its site. LenderLister.com may offer the same Target to more than
one advertiser. You may not receive exclusivity unless special private
contract between LenderLister.com and you. LenderLister.com will not
provide any statistics for your advertising campaign. It is solely up to
you to track your own server side stats to see your referrals that come
from LenderLister.com.
No Warranty: LenderLister.com MAKES
NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT
TO ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES
OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY
PARTICULAR PURPOSE.
Limitations of Liability: In no event
shall LenderLister.com be liable for any act or omission, or any event
directly or indirectly resulting from any act or omission of Advertiser,
Partner, or any third parties (if any). IN NO EVENT SHALL EITHER PARTY BE
LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT,
EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY
OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF
ANY LIMITED REMEDY AND (ii) LenderLister.com's AGGREGATE LIABILITY TO
ADVERTISER UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE AMOUNT
PAID TO LenderLister.com BY ADVERTISER FOR THE AD GIVING RISE TO THE
CLAIM. Each party acknowledges that the other party has entered into this
Agreement relying on the limitations of liability stated herein and that
those limitations are an essential basis of the bargain between the
parties. Without limiting the foregoing and except for payment
obligations, neither party shall have any liability for any failure or
delay resulting from any condition beyond the reasonable control of such
party, including but not limited to governmental action or acts of
terrorism, earthquake or other acts of God, labor conditions, and power
failures.
Payment: You
agree to pay in advance the cost of the advertising. LenderLister.com will
not setup any banner ads campaign's unless the payment process is
complete. LenderLister.com may change its pricing at any time without
prior notice. If you have an advertising campaign running and/or
impressions stored for future use for any mentioned cause and
LenderLister.com changes its pricing, you'll not need to pay any
difference. Your purchased banners fee will remain the same.
Representations and
Warranties: You represent and warrant that (a) all of the information
provided by you to LenderLister.com to enroll in the Advertising Campaign
is correct and current; (b) you hold all rights to permit LenderLister.com
and any Partner's to use, reproduce, display, transmit and distribute your
ad(s); and (c) LenderLister.com and any Partner(s) Use, your Target(s),
and any site(s) linked to, and products or services to which users are
directed, will not, in any state or country where the ad is displayed (i)
violate any criminal laws or third party rights giving rise to civil
liability, including but not limited to trademark rights or rights
relating to the performance or (ii) encourage conduct that would violate
any criminal or civil law. You further represent and warrant that any Web
site linked to your ad(s) (i) complies with all laws and regulations in
any state or country where the ad is displayed; (ii) does not breach and
has not breached any duty toward or rights of any person or entity
including, without limitation, rights of publicity or privacy, or rights
or duties under consumer protection, product liability, tort, or contract
theories; and (iii) is not false, misleading, defamatory, libelous,
slanderous or threatening.
Your Obligation to Indemnify: You agree
to indemnify, defend and hold LenderLister.com, its agents, affiliates,
subsidiaries, directors, officers, employees, and applicable third parties
(e.g., all relevant Partner(s), licensors, licensees, consultants and
contractors) ("Indemnified Person(s)") harmless from and against any and
all third party claims, liability, loss, and expense (including damage
awards, settlement amounts, and reasonable legal fees), brought against
any Indemnified Person(s), arising out of, related to or which may arise
from your use of the Advertising Program, your Web site, and/or your
breach of any term of this Agreement. Customer understands and agrees that
each Partner, as defined herein, has the right to assert and enforce its
rights under this Section directly on its own behalf as a third party
beneficiary.
Information Rights: LenderLister.com may retain and
use for its own purposes all information you provide, including but not
limited to Targets, URLs, the content of ads, and contact and billing
information. LenderLister.com may share this information about you with
business partners and/or sponsors. Your name, web site's URL and related
graphics shall be used by LenderLister.com in its own web site at any time
as a sample to the public, even if your Advertising Campaign has been
finished.
Miscellaneous: Any decision made by LenderLister.com
under this Agreement shall be final. LenderLister.com shall have no
liability for any such decision. You will be responsible for all
reasonable expenses (including attorneys' fees) incurred by
LenderLister.com in collecting unpaid amounts under this Agreement. This
Agreement shall be governed by the laws of USA. Any dispute or claim
arising out of or in connection with this Agreement shall be adjudicated
in USA in Marietta, OH. This constitutes the entire agreement between the
parties with respect to the subject matter hereof. Advertiser may not
resell, assign, or transfer any of its rights hereunder. Any such attempt
may result in termination of this Agreement, without liability to
LenderLister.com and without any refund. The relationship(s) between
LenderLister.com and the "Partners" is not one of a legal partnership
relationship, but is one of independent contractors. This Agreement shall
be construed as if both parties jointly wrote it.