Terms and Conditions of Use


1. ACCEPTANCE
By using the Products and Services, you are agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to any individual LoanCommander.com web site, Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.

2. CONDITIONS AND RESTRICTIONS ON USE
Use of the Products and Services is subject to compliance with these Terms and Conditions. You acknowledge and agree that LoanCommander.com may terminate your access to LoanCommander.com or to any of the Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by LoanCommander.com. Any such termination shall be in LoanCommander.com' sole discretion and may occur without prior notice, or any notice. LoanCommander.com further reserves the right to terminate any user's access to LoanCommander.com or to any of the Products and Services for any conduct that LoanCommander.com, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to LoanCommander.com or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. LoanCommander.com further reserves the right to terminate any user's access to LoanCommander.com or to any of the Products and Services for any reason or for no reason at all, in LoanCommander.com' sole discretion, without prior notice, or any notice.

In order to use the Products and Services, users must have access to the World Wide Web and must navigate the Internet to http://www.LoanCommander.com/ or another of the URLs associated with LoanCommander.com.

LoanCommander.com does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.

3. REGISTRATION AND PRIVACY
Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various LoanCommander.com registration forms ("Registration Data") and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or LoanCommander.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, LoanCommander.com has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services.

All LoanCommander.com registrations become the exclusive property of LoanCommander.com, its affiliates and subsidiaries. LoanCommander.com reserves the right to use and reuse all registration and other personally identifiable user information subject to LoanCommander.com Privacy Policy. Users may edit, update, alter or obscure their personally identifiable information at any time by following the instructions located in LoanCommander.com Privacy Policy and at individual Western Mortgage Technology sites.

You acknowledge receipt of LoanCommander.com Privacy Policy.

4. MEMBER AND USER CONDUCT
Upon registering, you will receive an Organization ID, User ID and password. You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify LoanCommander.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. LoanCommander.com cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.

You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not LoanCommander.com, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. LoanCommander.com does not control the user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You acknowledge and Agree that by using the Products and Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will LoanCommander.com be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. As a general matter, LoanCommander.com does not pre-screen user or third party Content posted on LoanCommander.com or any other LoanCommander.com website, except for certain areas where LoanCommander.com employs certain automated screening software, although LoanCommander.com reserves the right to do so. LoanCommander.com does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. LoanCommander.com reserves the right to monitor some, all, or no areas of the Products and Services for adherence to these Terms and Conditions or any other rules or guidelines posted by LoanCommander.com.

The Products and Services may only be used for the intended purpose for which such Products and Services are being made available.

Prohibited Conduct

You agree that you will not use LoanCommander.com Products and Services to:
  1. Upload, post, email, otherwise transmit, or post links to any Content, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
  2. Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
  3. Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.
  4. Harm minors in any other way.
  5. Make any sexual request on behalf of a minor or make any sexual request of a minor.
  6. "Stalk" or otherwise harass another.
  7. Collect or store personally identifying information about other users for commercial or unlawful purposes.
  8. Impersonate any person or entity, including, but not limited to, a LoanCommander.com official, employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  9. Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Products and Services.
  10. Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
  11. Upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.
  12. Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
    1. Making available copyrighted software or other Content that has had the copyright protection removed.
    2. Making available serial numbers for software that can be used to illegally validate or register software.
    3. Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content.
    4. Making available any software files for which the user does not own the copyright or have the legal right to make available.
  13. Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.
  14. Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Products and Services, LoanCommander.com or any other LoanCommander.com website.
  15. Conduct your own contests and promotions.
  16. Upload, post, email, otherwise transmit, or post links to any Content regarding any raffle, contest or game requiring a fee by participants.
  17. Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content from any LoanCommander.com database, including, without limitation, by incorporating data from any LoanCommander.com database into any e-mail or "white pages" products or serviced, whether browser-based, based on proprietary client-site applications, web-based, or otherwise without the expressed, written consent of LoanCommander.com.
  18. Sell, distribute, or make any commercial use of data obtained from any LoanCommander.com database or make any other use of data from any LoanCommander.com database in a manner which could be expected to offend the person for whom the data is relevant.
  19. Upload Content to LoanCommander.com or any other LoanCommander.com website for the purposes of linking to the Content from any external source including, but not limited to, webpages or email messages. For example, you can not upload an image to LoanCommander.com and then display that image on another web page by simply linking to the image at LoanCommander.com.
  20. Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services.
  21. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
  22. Use the Products or Services to sell, purchase, or offer to sell or purchase any registered or unregistered securities.
  23. Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.
  24. Disobey any LoanCommander.com employee or representative or interfere with any action by any LoanCommander.com employee or representative to redress any violation of these Terms and Conditions.
  25. Access the Products and Services after your account or access has been terminated by LoanCommander.com.
  26. Purchase any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the user's alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase such goods or services.
  27. Use any software deployed in connection with the Products and Services to process data as a service to other entities without the express written consent of LoanCommander.com or the party from whom such software may be licensed.
  28. Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Products and Services.
  29. Advertise, offer for sale, or sell any item you are prohibited from advertising or selling by any applicable local, state, national, or international law, including regulations having the force of law.
  30. Upload, post, email, otherwise transmit, or post links to any material, or act in any manner, that is offensive to the LoanCommander.com community or the spirit of these Terms and Conditions.


You acknowledge and agree that LoanCommander.com, and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Products and Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation LoanCommander.com and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms and Conditions or is otherwise objectionable as determined by LoanCommander.com, in its sole discretion. LoanCommander.com may also terminate access to, or subscription to, LoanCommander.com, or any portion thereof, for violating these Terms and Conditions. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or obtained through the use of LoanCommander.com.

You expressly acknowledge and agree that LoanCommander.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of LoanCommander.com, its users and the public. You acknowledge and agree that the technical processing and transmission of the Products and Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by LoanCommander.com with regard to its users may be disclosed in accordance with LoanCommander.com' Privacy Policy.

LoanCommander.com also may suspend or terminate any user account for any Product or Service because of user inactivity. What is considered "user inactivity" varies depending on the Product or Service. If one of your accounts is suspended or terminated for inactivity, your right to use such Product or Service immediately ceases.

5. LICENSE TO USER CONTENT
With respect to any Content posted by or in connection with the Products and Services, you grant LoanCommander.com a world-wide, royalty free, perpetual, license to use, copy, transmit, publicly display, publicly perform, create compilations including, create derivative works of, and distribute such Content to publish and promote such Content in connection with the particular Products and Services and to publish and promote such Content elsewhere within LoanCommander.com or any other LoanCommander.com website. Such license shall apply with respect to any form, media, or technology now known or later developed.

6. DISCLAIMER OF WARRANTIES
THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, LoanCommander.com DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, LoanCommander.com DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. LoanCommander.com SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT LoanCommander.com DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. LoanCommander.com DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. LoanCommander.com DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. LoanCommander.com MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF ANY STORAGE FACILITIES OFFERED BY LoanCommander.com.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.


7. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL LoanCommander.com OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF LoanCommander.com OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, LOANCOMMANDER.COM OR ANY OTHER WEBSITE OFFERED BY LoanCommander.com. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

UNDER NO CIRCUMSTANCES SHALL LoanCommander.com OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.


8. STORAGE
Many features of LoanCommander.com store information on behalf of users. Examples include, but are not limited to, contact information, images and documents. LoanCommander.com reserves the right, in its sole discretion, to limit the amount of storage space available per user or to delete materials stored for an excessive period while the user's account has been inactive.

9. ADVERTISERS AND CONTENT LINKED TO LOANCOMMANDER.COM OR ANY OTHER WEBSITE OFFERED BY LoanCommander.com
LoanCommander.com may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave LoanCommander.com to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. LoanCommander.com has no control over such sites and resources. You acknowledge and agree that LoanCommander.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that LoanCommander.com shall 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, goods or services available on or through any such site or resource.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Products and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that LoanCommander.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services.

LoanCommander.com encourages you to exercise discretion while using the Products and Services to browse the Internet. LoanCommander.com may produce automated search results or otherwise link you to sites containing information that some people may find inappropriate or offensive. LoanCommander.com makes no representations concerning any effort to review the content of any of the sites listed in automated search results, Web Guides or other directories, or of any of the sites otherwise linked to LoanCommander.com web sites. LoanCommander.com shall not be held responsible for the accuracy, copyright or trademark compliance, legality, or decency of material contained in sites listed in LoanCommander.com' search results or otherwise linked to LoanCommander.com web sites or provided to LoanCommander.com by third parties.

10. NO LICENSE; INTELLECTUAL PROPERTY OF LoanCommander.com AND OTHERS
Except as expressly provided, nothing within any of the Products and Services shall be construed as conferring any license under any of LoanCommander.com' or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate the Products and Services is protected by copyright, trademark, patent, or other proprietary rights of LoanCommander.com and its affiliates, licensors, and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by LoanCommander.com in connection with the Products and Services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by LoanCommander.com, any of LoanCommander.com' affiliates, or any of LoanCommander.com' service providers. You agree not to use any of the trademarks or service marks or other Content accessible through LoanCommander.com or any other LoanCommander.com of any purpose other than the purpose for which such Content is made available to users by LoanCommander.com. You agree not to defame or disparage LoanCommander.com, the trademarks or service marks of LoanCommander.com, or any aspect of the Products and Services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Products and Services or any software or programs used in connection with the Products and Services or LoanCommander.com.

11. INDEMNITY AND RELEASE
By using Western Mortage Technologies web sites you agree to indemnify LoanCommander.com, Inc. and its parents, subsidiaries, affiliates, officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of Western Mortage Technologies web sites, your use of the Products and Services, or your submission of ideas and/or related materials to LoanCommander.com or from any person's use of any account or password you maintain with any portion of LoanCommander.com or any other Western Mortage Technologies web site, regardless of whether such use is authorized by you. By using LoanCommander.com or any other Western Mortage Technologies web site, using the Products and Services, or submitting any ideas and/or related materials to LoanCommander.com, you are hereby agreeing to release LoanCommander.com and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to LoanCommander.com. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

12. LIMITATION OF ACTIONS
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of LoanCommander.com, any other Western Mortage Technologies web site or the Products and Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.

13. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
It is the policy of LoanCommander.com to respond expeditiously to claims of intellectual property infringement. LoanCommander.com will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, LoanCommander.com will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. LoanCommander.com will terminate access for subscribers and account holders who are repeat infringers. Notices of claimed infringement should be directed to:
LoanCommander.com
11200 Westhiemer, Ste. 900
Houston, Texas 77042
Telephone: (713) 851-4750
Fax: (832) 201-8700
Email address: Support@LoanCommander.com
Please put "Notice of Infringement" in the subject line of all such notifications. When LoanCommander.com removes or disables access to any material claimed to be infringing, LoanCommander.com may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification, although LoanCommander.com makes no promise to do so. Any and all counter notifications submitted by the user will be furnished to the complaining party. LoanCommander.com will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before LoanCommander.com replaces or restores access to any material as a result of any counter notification.

14. ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES
Unless expressly stated to the contrary elsewhere within the Products and Services, all legal issues arising from or related to the use of the Products and Services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the Commonwealth of Massachusetts applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms and Conditions or any user's use of the Products and Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Houston, Texas, and judgment on the arbitration award may be entered into in any state or federal court in Texas having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in Texas having jurisdiction thereof. Except as set forth above, the state and federal courts of Texas shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any user's use of the Products and Services. By using the Products and Services and thereby agreeing to these Terms and Conditions, users consent to personal jurisdiction and venue in the state and federal courts in Massachusetts with respect to all such disputes.

15. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN PRODUCTS AND SERVICES
LoanCommander.com reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services. LoanCommander.com reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.

16. MERGER
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between LoanCommander.com' representations and you with respect to the subject matter hereof; except that any other terms and conditions located on any individual LoanCommander.com web site or in connection with the Products and Services are incorporated herein by reference to the extent they do not conflict with these Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, those other provisions shall control with respect to the use of the particular web site and any Products or Services available on or through the web site or the respective Product or Service at which those other provisions may be found.

17. NON-WAIVER AND SEPARABILITY
LoanCommander.com' failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms and Conditions remain in full force and effect.

18. RELATIONSHIP OF PARTIES
You acknowledge and agree that you and LoanCommander.com are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.

19. NO RESALE, ASSIGNMENT, OR SUBLICENSING
You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without prior express written authorization of LoanCommander.com.

20. SUCCESSORS AND ASSIGNS
Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.

21. TERMINATION; SURVIVAL
These Terms and Conditions shall continue in effect for as long as you use the Products and Services, unless specifically terminated earlier by LoanCommander.com. All provisions of these Terms and Conditions which impose obligations continuing in their nature shall survive termination of these Terms and Conditions.

22. COMMUNICATIONS WITH USERS
You consent to receive communications from LoanCommander.com concerning your use of the Products and Services ("Communications"). The Communications may be those that LoanCommander.com is required to send to you by law concerning the Products and Services ("Required Communications"). The Communications may also be those that LoanCommander.com sends to you for other reasons. You consent to receive Communications electronically. LoanCommander.com may provide these Communications to you by sending an email to the email address you provided in connection with your account or by posting the Communication on LoanCommander.com. You also consent to receive Communications by telephone or by postal mail sent to the postal address you provided in connection with your account. You may change the email or postal address to which LoanCommander.com sends Communications by visiting your account information page.

For a period of 120 days from the date that LoanCommander.com first provided a Required Communication to you in electronic form, you may request a paper copy of such Required Communication by sending a request to LoanCommander.com, 11200 Westheimer, Ste. 900, Houston, TX 77042, Attention: Customer Service (the "Customer Service Address"). LoanCommander.com may charge a reasonable fee for providing paper copies. You may, without payment of special fees, withdraw your consent to receive Required Communications electronically by sending a notice to the Customer Service Address that identifies your full name, user name and postal mailing address. However, if you withdraw such consent, then LoanCommander.com reserves the right to terminate your right to use the Products and Services, including, without limitation, by terminating your account and any subscription services that you may have.

In order to receive Required Communications, you must provide LoanCommander.com, upon registration with LoanCommander.com or any other LoanCommander.com web site, a valid email address to which LoanCommander.com may send electronic mail. Your computer must also have a modem or other means of Internet access, an Internet browser such as Internet Explorer version 5.x or above or Netscape Navigator version 6.x or above, email communications software capable of receiving and storing electronic mail, and a printer, if you wish, for printing electronic communications. LoanCommander.com will provide notice of any changes to these requirements.

23. SUBMISSIONS OF IDEAS
LoanCommander.com is always improving its Products and Services and developing new features. If you have ideas regarding improvements or additions to LoanCommander.com or any other LoanCommander.com web site, we would like to hear them -- but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO LoanCommander.com BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO LoanCommander.com, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO LoanCommander.com THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT LoanCommander.com IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY LoanCommander.com, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.

24. EXPORT CONTROLS
Certain software, and related documentation or technical information, available through LoanCommander.com and other LoanCommander.com web sites is subject to applicable laws and regulations of the United States pertaining to export controls. By using such software or related documentation or technical information, you represent and warrant that you are not located in, or under the control of, or a national or resident of any embargoed country or any country on the U.S. Department of Commerce's Table of Denial Orders. You agree not to export or re-export such software or related documentation or technical information directly or indirectly to any countries that are subject to United States export restrictions.

25. STANDARD ADVERTISING TERMS AND CONDITIONS
Your use of LoanCommander.com and any other LoanCommander.com web site constitutes acceptance of the LoanCommander.com Advertising Terms and Conditions.

26. VIOLATIONS OF TERMS AND CONDITIONS
Should you violate these Terms and Conditions or any other rights of LoanCommander.com and LoanCommander.com, LoanCommander.com reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of LoanCommander.com web sites.

If you are aware of any violations of these Terms and Conditions, please report them to:
LoanCommander.com Abuse Manager
11200 Westheimer, Ste. 900
Houston, TX 77042
Email Address: Support@LoanCommander.com


Please read the entire Terms and Conditions, as all LoanCommander.com properties, Products and Services are offered subject to these Terms and Conditions.

Last updated September 2004.
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