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.
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. We can't and don't cancel
your account for you! No refund will be made for any reason.
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.
