Lenders Block®, a division of NexQuest Financial, Inc., is providing this Web site to consumers for the purpose of connecting them to various Lenders (i.e. banks, lenders and/or loan brokers), and/or financial services companies in its network. Your use of this Web site is expressly conditioned on your acceptance, without modification, of the terms, conditions and notices contained herein. Your use of this Web site constitutes your acceptance of and agreement to the following terms, conditions and notices:
Lenders Block Services
Lenders Block is an emerging online marketplace that connects interested consumers
to various Lenders (i.e. banks, lenders and/or loan brokers) and/or financial services
companies in its network. Lenders Block services are simply for marketing and promotional
purposes. Lenders Block is not a lender, credit card issuer or financial services
company nor does it perform any functions specifically related to those types of
activities. Lenders Block does not guarantee that submitting a referral request
will result in you obtaining a loan from a Lender in our network or the product
and/or services you desire.
Information submitted by User to Lenders Block
Any and all of information submitted by you to this Web site is true and complete.
User Authorization
You authorize Lenders Block to provide any information submitted by you to those
participants in its network that are able to provide you with the product and/or
service in which you have expressed an interest.
Record Keeping
You understand that that the participants in our network may keep your information
regardless of whether you qualify or purchase goods and services from them.
User Reliance
You, as the consumer, must rely on your own best judgment in deciding which of the
participants in our network and their respective products and/or services best meet
your individual needs and circumstances. Lenders Block does not endorse, recommend,
guarantee or warrant any specific individual, company, Lender, loan product, coverage,
policy, product or service of the participants in its network. You are not obligated
to use any of the participants in our network. The Lender and/or financial services
company to whom your personal information is referred is responsible for the provision
of its products and/or services to you, and you agree that Lenders Block shall not
be liable to you for any damages or costs of any kind arising out of or in any way
resulting from your use of such products or services.
Geographic Reach of Services
This Web site and the services provided by Lenders Block are only available to those
users who are citizens and residents of the United States. The services of the participants
in our network may only be provided in those states or jurisdictions in which they
are authorized and/or licensed to conduct such activities. Lenders Block reserves
the right to suspend, discontinue or terminate its services in any specific state
through this Web site.
Compensation
Lenders Block does not charge any fees to you the consumer for use of its network.
Lenders Block receives its compensation, if any, for the goods and services it provides
to the individuals and companies in its network. Your use of this Web site constitutes
your agreement with this compensation arrangement.
Affiliates
Lenders Block only desires to affiliate itself with a high quality network of publishers
and advertisers (i.e. "Affiliate Network"). Lenders Block does not accept publishers
and advertisers whose Web site(s) or online activities do not conform to the Lenders
Block Affiliate Service Agreement. By submitting your information to Lenders Block,
you agree to the terms and conditions outlined in the Lenders Block Affiliate Service
Agreement and not to be involved in any of the following activities including, but
not limited to, (1) misleading users, (2) operating a Web site or email link to
Web sites that contain, promote or endorse content that is illegal, libelous, defamatory,
obscene, pornographic, abusive, bigoted, hate-oriented or that offers illegal goods
and services or provides links to Web site that does, (3) engaging in spamming,
indiscriminate advertising or unsolicited commercial email, and (4) engaging in
cybersquatting or typosquatting.
Intellectual Property
All contents of this Web site are protected by applicable intellectual property
laws including, but not limited to, such laws governing copyrights, service marks
and trademarks. All rights reserved. Any product or company names mentioned herein,
including the names of participants in the Lenders Block network may be protected
by the intellectual property rights of their respective owners. You may not use
any intellectual property without the prior written permission of the owner of the
intellectual property.
Limitation of Liability
Lenders Block intends that the information contained in this Web site to be accurate
and reliable, however, errors may sometimes occur. Lenders Block reserves the right
to make any changes or improvements to the information provided herein at any time.
Lenders Block expressly disclaims any obligation to keep the contents of this Web
site up to date, free or errors or viruses, or to maintain uninterrupted access
to this Web site.
THE WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED THEREWITH
ARE PROVIDED "AS IS." LENDERS BLOCK, ITS SUPPLIERS AND/OR PARTICIPANTS IN ITS NETWORK
DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER
WHATSOEVER RELATING TO THE 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 LENDERS BLOCK'S SERVICES ARE AT YOUR OWN RISK. LENDERS BLOCK, ITS SUPPLIERS AND/OR
PARTICIPANTS IN ITS NETWORK 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 LENDERS BLOCK'S SERVICES OR WITH THE DELAY OR INABILITY TO USE THE
WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH
THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER RESULTING
IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF LENDERS BLOCK, ITS SUPPLIERS AND/OR PARTICIPANTS
IN ITS NETWORK HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU LIVE IN A
JURISDICTIONS THAT DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
Lenders Block is not responsible for any errors or delays associated with you being
contacted by a participant in its network, or any other technical problems beyond
our reasonable control.
Indemnification
By using this Web site, you agree to indemnify Lenders Block and its directors,
shareholders, officers, employees, agents, successors, assigns, suppliers and participants
in its network from and against any and all liabilities, expenses (including attorney's
fees), costs and damages resulting from or arising out of 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.
Security
Lenders Block through the use of such technology as secured web pages, encryption
and firewalls protects your personal information and the transmission thereof between
you and Lenders Block, and between Lenders Block and the participants in its network.
Although Lenders Block has taken such reasonable and appropriate measures, Lenders
Block cannot and does not guarantee that the personal information you provide will
not be intercepted by others and decrypted.
Links to Third Party Web Sites
This Web site may contain links to Web sites maintained, operated and/or controlled
by third parties. These links are solely provided for your convenience and reference
purposes. Lenders Block does not maintain, operate or control the information, software,
products or services provided on such third party sites. The mere fact that a third
party link is included on our Web site does not imply Lenders Blocks endorsement
of the site, its contents, products, services or its sponsoring organization.
Resolution of Disputes
Any claim or controversy arising out of or relating to the use of this Web site,
Lenders Block's services, the goods or services provided by Lenders Block, or to
any acts or omissions for which you may contend Lenders Block is liable including,
but not limited to, any claim or controversy as to arbitrability ("Claim"), shall
be finally, and exclusively, settled by arbitration venued in Orange County, California.
The arbitration shall be conducted before a single neutral arbitrator, selected
pursuant to rules of the American Arbitration Association ("AAA"), in conformance
with the AAA commercial arbitration rules then in force. If there is no AAA rule
in effect at the time, the consumer shall select an arbitrator from a panel of arbitrators
acceptable to Lenders Block. Lenders Block will pay the filing fee, however, all
remaining costs of arbitration shall be paid solely by the non-prevailing party.
In order to initiate the arbitration process, a party must make a written demand
specifically requesting arbitration. Any judgment upon the award rendered by the
arbitrator may be entered in any court of competent jurisdiction in Orange County,
California. The arbitrator shall not have the power to award damages in connection
with any Claim in excess of actual compensatory damages and shall not multiply actual
damages or award consequential, punitive or exemplary damages; each party irrevocably
waives any claim to such damages. This 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 LENDERS BLOCK WILL BE
RESOLVED BY BINDING ARBITRATION. AS SUCH, YOU ARE GIVING UP YOUR RIGHT TO GO TO
COURT TO ASSERT OR DEFEND YOUR RIGHTS BEFORE A JUDGE OR JURY. YOU ARE ALSO GIVING
UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. Arbitrator decisions while
enforceable as a court order are subject to limited review by a court. By using
Lenders Block's goods and services you consent to these restrictions.
Should a Claim arise and should the arbitration provisions herein become inapplicable
or unenforceable, or in any instance of any lawsuit between you and Lenders Block,
the parties agree that the jurisdiction and venue of any suit shall be exclusively
in the state and federal courts sitting in San Diego County, California. If either
party employs attorneys to enforce any right in connection with any Claim or lawsuit,
the prevailing party shall be entitled to recover reasonable attorneys' fees.
Miscellaneous
This Agreement constitutes the entire agreement between you and Lenders Block and
it supersedes all prior or contemporaneous communications, promises and/or proposals,
whether oral, written or electronic, between you and Lenders Block with respect
to the Web site and information, software, products and services associated therewith.
Headings of the sections are inserted for convenience only and do not control or
affect the meaning, construction or effect of this Agreement or any particular provision
thereof.
This Agreement shall be subject to and construed in accordance with the laws of
the State of California, excluding its principles of conflicts of law. If any part
of this agreement is determined to be invalid or unenforceable pursuant to applicable
law, then the invalid or unenforceable provision shall 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 remain in full force and 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.