JustLend LLC.

Description

Terms of Use (User Agreement) THE FOLLOWING DESCRIBES THE TERMS ON WHICH JUSTLEND OFFERS YOU ACCESS TO OUR SERVICES. Welcome to the user agreement (the "Agreement" or "User Agreement") for JustLend, LLC. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.justlend.com (the "Site"). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services. If you have any questions, please refer to our User Agreement Frequently Asked Questions . You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a customer of JustLend. We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective 10 days after they are initially posted on the Site. This Agreement may not be otherwise amended except in a writing signed by you and JustLend, LLC. This Agreement is effective upon acceptance in registration for new registering users, and is otherwise effective on November 15th, 2004 for all users. This site is owned and operated by JustLend and contains material which is derived in whole or in part from material supplied by JustLend and other sources, and is protected by international copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this site including code and software without permission. You may download material from this site for your use only, provided you keep intact all copyright and other proprietary notices. JustLend takes reasonable measures to ensure the quality of the data and the other information made available on this web site. However, JustLend does not guarantee, and assumes no responsibility for, the accuracy, timeliness, correctness, or completeness of information available through this web site. Any conclusions that users draw from the information presented here are their own and are not to be attributed to JustLend. JustLend has provided links and pointers to Internet sites maintained by third parties. We provide these relevant links to information outside of JustLend's web site as an additional resource for our users. However, JustLend does not endorse any views expressed or products or services offered by organizations that are hyperlinked from our web site. JustLend does not operate or control in any respect any information, products or services on these third-party sites. The materials in this site and the third-party sites are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, JustLend disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. JustLend does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site, including bulletin boards, or the server that makes it available, are free of viruses or other harmful components. JustLend does not warrant or make any representations regarding the use or the results of the use of the materials in this site or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You (and not JustLend) assume the entire cost of all necessary maintenance, repair or correction. 1. Customer Eligibility. Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18). If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. 2. Fees and Services. Our Fees and Credits Policy is available and is incorporated into this Agreement by reference. We may change our Fees and Credits Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least ten (10) days' notice of the changes by posting the changes on the Site. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events (for example, special volume pricing )and such changes are effective when we post the temporary promotional event on the Site. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes. 3. JustLend is a Venue. The Site acts as a venue to allow anyone to buy services related to the home mortgage industry. We are not a lender. We cannot ensure that a lender will actually approve and fund a loan. 3.1 JustLend Vendors. We manage a network of vendor relationships with independent service providers of Title, Escrow, Appraisal, Signing and Closing services. Each of these vendors maintains current licenses and insurance as required by applicable state and federal laws. 3.2 Identity Verification. We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. 4. No Warranty. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. 5. Liability Limit. IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. 6. Indemnity. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. 7. Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service. 8. No Agency. You and JustLend, LLC are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. 9. Notices. Except as explicitly stated otherwise, any notices shall be given by postal mail to JustLend Attn: Legal Department 8105 Irvine Center Drive, Suite 150, Irvine, CA 92618. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to JustLend during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. 10. Resolution of Disputes. In the event a dispute arises between you and JustLend, LLC, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and JustLend agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation. 10.1 Binding Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or JustLend may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. 10.2 Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Orange County, California or where the defendant is located (in our case Irvine, California, and in your case your home address or principal place of business). You and JustLend agree to submit to the personal jurisdiction of the courts located within the county of Orange, California. 10.3 Alternative Dispute Resolution. Alternatively, JustLend will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Orange County, California or another location mutually agreed upon by the parties. All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this Section 10, the other party may recover attorneys' fees and costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim. 11. Additional Terms. The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on the Site: Privacy Policy: Each of these policies may be changed from time to time and are effective immediately after we post the changes on the Site, except for the Privacy Policy for which we will provide you with thirty days prior notice. In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement. 12. General. This Agreement shall be governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. 13. Disclosures. The services hereunder are offered by JustLend, LLC, located at 8105 Irvine Center Drive, Suite 150, Irvine, CA 92618. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

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