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Monday June 26, 2017

Terms and conditions

Last Updated: June 30, 2015

 

THE FOLLOWING TERMS OF USE AGREEMENT (“Terms” or "Agreement") governs your use of the ELendingSaver.com Website (the "Website"). It is important that you read these Terms of Use carefully as they describe your legal rights and responsibilities, and by accessing or using the Website or by using the goods and services provided through or in connection with the Website (“Services”), you accept and agree to be bound and abide by these Terms of Use.  These Terms of Use form a legal agreement between you and us (“We” or “ELendingSaver”) regarding your use of the Website along with the related services, features, content, and offers provided on the Website. THESE TERMS OF USE ALSO INCLUDE A MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER.

 

IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE DISCLAIMERS, YOU MAY NOT ACCESS OR USE THIS WEBSITE.  Your use of this Website constitutes your agreement to these Terms of Use.

 

If you do not agree to the Agreement, you may not use the Website or the Service.  Our products are restricted to U.S. customers only.

 

1. The Nature of ELendingSaver.com. The Website acts solely as an online marketplace for you to find third parties for the purpose of providing you products or services displayed on the Website. ELendingSaver.com is not a broker, lender or seller nor is it a party to any agreement you may make with a lender or broker with regard to any loan product or other product or service. Any information you provide to a lender or broker in connection with your application remains with that lender or broker and is not transferred from such lender or broker to ELendingSaver.

 

2. TRANSACTIONS. You may post content or view content posted by others on the Service. ELendingSaver does not monitor such content. You may also correspond with, participate in promotions by, and conduct transactions on the Website.

 

3. LINKS. ELENDINGSAVER may provide links to external websites or resources for your convenience and reference only. ELENDINGSAVER does not endorse and is not responsible for the availability of these external websites or resources or for any content, advertising, products, or other materials on or available from such external websites or resources. You agree that ELENDINGSAVER 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 your use of or reliance on any such content, goods or services available on such external sites or resources. Your use of and dealings with the owners or operators of these external websites or resources are at your own risk.

 

4. MEMBER REGISTRATION. From time-to-time, ELENDINGSAVER may make available certain Website functions for which access is restricted to those who have first registered as a Member of ELendingSaver.com. You must provide certain current, complete, and accurate information about yourself (the "Registration Data") when submitting your information on the Website. You agree not to misrepresent your identity. You agree to maintain and keep your Registration Data current and to update the Registration Data as soon as it changes. ELENDINGSAVER and its service providers are not liable for any loss that you may suffer through the use of your password by others. You agree to notify ELENDINGSAVER immediately of any unauthorized use of your account or of any other breach of security known to you with respect to the Service.

 

5. OWNERSHIP. All of the material included on the Website, including but not limited to trademarks, text, graphics, logos and service marks (collectively, the "Content"), is the property of ELENDINGSAVER, its affiliated companies and/or third party licensors. U.S. and international copyright laws protects all Content available on the Website. Your use of the Service and the Content does not transfer to you any ownership or other rights in the Service or the Content. You may download Content displayed on the Website for your personal, noncommercial use only, provided you also retain all copyright and other proprietary notices contained on the Content. You may not modify, copy, distribute, transmit, display, publish, sell, license, or create derivative works using any of the Content for commercial or public purposes.  Unauthorized use of the materials on this Website will violate intellectual property rights. All rights not expressly granted in these Terms of Use are reserved to ELENDINGSAVER or its affiliated companies and/or third party licensors, whichever is the owner of any specific material. As such, no material from this Website may be modified, translated, decompiled, disassembled, broadcast, licensed, sublicensed, transferred, sold, mirrored, framed, exploited, rented, leased, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Nothing contained in this Website should be construed as granting any license or right to use any trademark, logo, trade name, or design displayed on this Website without the written permission of ELENDINGSAVER, or the respective owner of the trademark. The use of any such material on any other website or computer environment is prohibited. Moreover, you may not (i) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of this Website or in any way reproduce or circumvent the navigational structure or presentation of this Website to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Website, (ii) attempt to gain unauthorized access to any portion or feature of this Website, including, without limitation, the account of another user(s), or any other systems or networks connected to this Website or to any ELENDINGSAVER server or to any of the services offered on or through the Website, by hacking, password "mining," or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of this Website or any network connected to the Website, nor breach the security or authentication measures on this Website or any network connected to the Website, (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Website, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Website or ELENDINGSAVER’s systems or networks or any systems or networks connected to the Website, (vi) use any device, software, or routine to interfere with the proper working of this Website or any transaction conducted on the Website, or with any other person's use of the Website, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to ELENDINGSAVER on or through the Website, (viii) use the Website or any interactive feature to harvest or collect e-mail addresses or other contact information; or (ix) use this Website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact ELENDINGSAVER. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION, OR MATERIALS PROVIDED BY ELENDINGSAVER TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. ELENDINGSAVER cannot and does not guarantee or warrant that any files or information available for downloading will be free of infection, viruses, worms, Trojan horses or other code or codes that may contain contaminating or destructive properties. You may not link any other website to this Website, nor reference hypertext documents on this Website from another website or document including e-mail, except as expressly provided by ELENDINGSAVER. ELENDINGSAVER reserves the right at any time and in its sole discretion to change or revoke any authorization granted above. In such circumstances or if you violate any of the provisions of these Terms of Use, your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of the materials.

 

6. ACCEPTABLE USE OF THE WEBSITE. Your use of the Service must be lawful and consistent with the security and reliability of the Service and the World Wide Web.

In addition, the following rules apply to your use of the Service:

1. You certify to ELENDINGSAVER that you are at least 18 years of age.
2. You assume full responsibility for the use of the Service by any minors utilizing computers owned or operated by you or for any minors use of any password assigned to you by ELENDINGSAVER.
3. Only residents of the 50 United States and the District of Columbia may use the Website and Services.
4. Your use of the Service is subject to all applicable local, state, national and international laws and regulations. Your conduct is also subject to applicable laws, regulations, policies and procedures related to Internet use.
5. You are solely responsible for the content you transmit through the Service. You acknowledge and agree that ELENDINGSAVER does not endorse the actions, the contents of communications, or the products of the Users.
6. You must obtain and maintain, at your own expense, any equipment or ancillary services needed to connect to, access or otherwise use the Service, including, without limitation, modems, hardware, software, and long distance and local telephone service. You are responsible for ensuring that such equipment and ancillary services are compatible with the Service.

7. You must complete all transactions you agree to complete in connection with the Service.

8. You must abide by all of the-then current terms of ELENDINGSAVER's Privacy Policy as set forth on the Website and as updated from time to time by ELENDINGSAVER in its sole discretion.

 

7. PROHIBITED CONDUCT. You must not: (a) use the Service for any illegal purpose or for the transmission of any material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortious, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another, including the sale of pornography, firearms and ammunition, living creatures and parts of endangered species, stocks and other securities, drugs and drug paraphernalia, human body parts and remains; (b) directly or indirectly interfere or attempt to interfere with the proper working of the Website, any account, or any communication or transaction being conducted on our Website; (c) use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the Content without our prior expressed written permission; (d) take any action which imposes an unreasonable or disproportionately large load on our infrastructure, (e) use or disclose (to anyone except ELENDINGSAVER) any information you obtain about or from other users of the Service, or you obtain from ELENDINGSAVER if such information is marked confidential, for any purpose except fulfillment of orders initiated by the Users or negotiating prices with the Users, (f) conduct fraud, hide or attempt to hide your identity, represent yourself as someone else, or manipulate or attempt to manipulate prices, compromise or attempt to compromise the security of any account, interfere or attempt to interfere with the proper working of the Service, or (g) send any unsolicited e-mail or advertising to any known User.

 

8. PRIVACY POLICY AND OTHER PRIVACY RELATED MATTERS. The information you submit on our Website is subject to our Privacy policy. Please review the full privacy policy here.

 

9. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. ELENDINGSAVER PROVDIES THE SERVICE ON AN "AS IS" AND “AS AVAILABLE” BASIS. ELENDINGSAVER AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ELENDINGSAVER AND ITS SERVICE PROVIDERS MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ELENDINGSAVER OR ITS SERVICE PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. ELENDINGSAVER AND ITS SERVICE PROVIDERS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE AND ARE NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY MERCHANTS SELLING THROUGH THE SERVICE OR OTHER USERS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ELENDINGSAVER, AFFILIATES OR THROUGH THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

 

10. LIMITATION OF LIABILITY. ELENDINGSAVER AND ITS SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF ELENDINGSAVER OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL ELENDINGSAVER AND ITS SERVICE PROVIDERS EVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER OTHER FAULT OR WRONGDOING BY ELENDINGSAVER OR ITS SERVICE PROVIDERS OR ANY PERSON FOR WHOM EITHER ELENDINGSAVER OR ITS SERVICE PROVIDERS ARE RESPONSIBLE, IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO ELENDINGSAVER FOR THE USE OF THE SERVICE WHICH IS THE SUBJECT OF THE CLAIM.

 

ELendingSaver is not responsible and you agree that ELendingSaver will bear no liability for any products, services, information or other materials displayed, purchased, or obtained by you from the Website. Nothing on the Website contains an offer, promise or otherwise from ELendingSaver to make a specific loan or that any participating lender or broker will make any loan for any purpose or on any specific terms. You acknowledge that ELendingSaver is not a lender, broker or financial intermediary and that your ability to secure any loan or consummate any transaction with any other user of this Website or the Service is solely a matter to be resolved between you and such other user.

 

ELendingSaver does not endorse, warrant or guarantee the products or services of any user of the Website or the Service. ELendingSaver is not liable for any delays, inaccuracies, errors or omissions with respect to the information posted on the Website or submitted to the Website or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the information. You assume the entire risk as to the accuracy, adequacy, completeness, currency, validity and quality of any information.  Any information on the Website is subject to change without notice.

 

11. INDEMNIFICATION. You agree to indemnify and hold ELENDINGSAVER, its subsidiaries, affiliates, officers and employees, and service providers (“Indemnified Parties”) harmless from any claim or demand made by any third party due to or arising out of your use of the Service, the violation of this Agreement by you, or the infringement by you, or other user of the Service using your computer, of any intellectual property or other right of any person or entity. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees and litigation expenses the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed through the Website.

 

13. TERMINATION. If you breach any provision of this Agreement, you may no longer use the Service. ELENDINGSAVER may, in its sole discretion, change, suspend, or terminate, temporarily or permanently, the Service or any part of it at any time, for any reason, without notice to you and without liability to you or any other person. If ELENDINGSAVER terminates this Agreement for any reason, it continues to apply and bind you with respect of your prior use of the Service, including payment of any charges accrued in connection with use of the Service. Upon termination, ELENDINGSAVER may remove from the Website and permanently delete and destroy any Content that you or others may have posted or submitted without any prior notice or liability to you or any other person.

 

14. ARBITRATION AND CLASS ACTION WAIVER In the event of a dispute, you and ELENDINGSAVER agree to submit to binding arbitration. The arbitration will be held before one arbitrator on an individual basis and not as a class action. You waive any right you may have to arbitrate a dispute as a class action. DISPUTES WILL BE settled by binding arbitration administered by the American Arbitration Association, and judgment on the award rendered may be entered in any court having jurisdiction thereof. The arbitration will be conducted in the city of HOUSTON, TX but may proceed telephonically (if the claimant so chooses).  IF YOU INITIATE AN ARBITRATION, elendingsaver WILL PROMPTLY REIMBURSE YOU FOR ANY STANDARD FILING FEE WHICH MAY HAVE BEEN REQUIRED UNDER PROCEDURES ONCE YOU HAVE NOTIFIED ELENDINGSAVER IN WRITING AND PROVIDED A COPY OF THE ARBITRATION PROCEEDINGS. 

 

BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.  In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury.  Arbitration is more informal than a court trial; however, an arbitrator can award the same relief that a court can award.  The arbitration will be administered by the American Arbitration Association (“AAA”), and may be conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) then in effect at the time of the dispute.  You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879. 

 

You agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. If for any reason this arbitration clause is unenforceable or inapplicable, both you and we agree, to the extent permissible by law, to waive any right to pursue any claims on a class action basis. If any portion of this class action waiver is limited, void, or unenforceable, then our agreement to arbitrate under this section will not apply and any controversy or claim must be brought exclusively in the state and federal courts of Texas.

 

15. SUBMISSIONS

 

You agree that you will, at all times, provide true, accurate, current, and complete information when submitting information or materials on this Website, including, without limitation, when you provide information via a Website registration or submission form. If you provide any false, inaccurate, untrue, or incomplete information, eLendingSaver reserves the right to terminate immediately your access to and use of this Website. In addition, you agree that you will not make any transmission or submission to this Website that violates any laws or regulations or infringes or violates the rights of any person or entity. By making communications or submitting information, success stories, testimonials, feedback, and/or photographs (collectively, "Submissions") to message or discussion boards or other forums, such as success stories or testimonials, you agree that such Submission is not confidential for all purposes and we shall not be liable for any use or disclosure of any such Submissions by us or others. If you make any such Submission, you automatically grant (or warrant that the owner of such content has expressly granted) eLendingSaver a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, post, disseminate edit, translate, distribute, perform, and display the Submission (including, without limitation, your photograph or likeness) in any media or medium, or any form, format, or forum now known or hereafter developed and waive any and all moral rights in the Submissions. ELendingSaver may sublicense its rights through multiple tiers of sublicenses. ELendingSaver is not and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay compensation for any Submissions; or (3) to respond to any Submissions. 

 

Notice and Procedure for Making Claims of Copyright Infringement

 

If you believe that your copyrighted work has been used or displayed on our website in a way that constitutes copyright infringement, please report the alleged infringements by completing the following steps and by notifying eLendingSaver’s Designated Agent, as listed below. Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement should be sent ONLY to our Designated Agent.

The Notification of Claimed Infringement must include the following:

(1) An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;

(2) Identification of the copyrighted work (or works) that you claim has been infringed;

(3) A description and identification of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);

(4) A clear description of where the infringing material is located on our Website, including as applicable its URL, so that we can locate the material;

(5) Your contact information, including your name, address, telephone number, and e-mail address;

(6) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(7) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

Our agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows:

 

ElendingSaver

21175 Tomball Parkway Suite 288

Houston, TX 77070

 

16. GENERAL. The Agreement comprises the entire agreement between you and ELENDINGSAVER and supersedes all prior agreements regarding the subject matter contained herein. ELENDINGSAVER may amend the terms and conditions of this Agreement (the "Amended Terms") from time to time. If you continue to use the Service after the Amended Terms become effective, you are deemed to have agreed to be bound by the Amended Terms. If you do not agree to the Amended Terms, then you agree not to use the Service. Your continued use of the Service constitutes an affirmative: (a) acknowledgment by you of this Agreement and its Amended Terms, if any; and (b) agreement by you to abide and be bound by the Agreement and its Amended Terms, if any. Except as set forth below, you must make all notices to ELENDINGSAVER in writing via conventional mail or through email via our contact us page.

The Agreement shall be governed by and construed in accordance with the laws of the State of Texas (without regard to conflict of laws provisions thereof). If any provision(s) of the Agreement is held contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The failure of ELENDINGSAVER to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ELENDINGSAVER in writing. The section titles in the Agreement are used solely for the convenience of the parties and have no legal or contractual significance.

 

Contact

If you have any questions about these Terms of Use, you may contact us at:

 

ElendingSaver

21175 Tomball Parkway Suite 288

Houston, TX 77070

eLendingSaver.com is not a lender or a mortgage broker. The information you submit to eLendingSaver.com is not an application for a mortgage loan, nor is it used to pre-qualify you with any lender.