Service Agreement

TERMS AND CONDITIONS

Be sure to read the Terms of Service below, as they cover the terms and conditions that apply to your use of this website (the “Service,” “Website,” or “Site”). The Mortgage Leads Network, Inc. (“Us, We, Ours”) may change the Terms of Service from time to time. By continuing to use the Service following such modifications, you agree to be bound by such modifications to the Terms of Service.  You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer and modem.

  1. Registering for Service
  2. Funding Your Account
  3. Buying Leads
  4. Return Policy
  5. Refund Policy
  6. Contacting Borrowers
  7. Our Relationship
  8. Other Terms

REGISTERING FOR SERVICE
Registration is free of charge and is open to principals and employees of a duly organized and licensed (in the state where you do business) mortgage brokers or lenders who are in good standing . Only registered users may preview leads. You may only register one time for our service.  After you register, you can set up sub-accounts if you need to have more filters or set up accounts for other loan officers at your company. We do not accept lenders that engage in predatory lending practices.

FUNDING YOUR ACCOUNT
You may add money to your account using a credit card ( minimum $100) or a check (minimum $500).  If you use a credit card you agree to not charge back your card for any reason, if you use a check you agree to not stop payment on the check for any reason.  If you charge back your credit card you agree to pay a $100 service fee.  If your check or draft is not honored by the bank for any reason you agree to pay a $100 service fee. You also agree to pay any collection costs and or attorney fees should collection action be initiated.

BUYING LEADS
If you choose to buy leads you must agree to pay the amount according to our pricing schedule in effect at the time you buy the leads.  While we make every effort to deliver the leads promptly after they are distributed to you, technical problems on either end can delay our ability to send the leads or delay your access to your fax machine, email or Internet.  All leads that are assigned to you are posted in the account summary section in real time and an email or fax is sent containing the data.  We can not be held responsible if your email or fax is not working and you can not take delivery of the leads by those methods.  Prices are subject to change without notice.

RETURN POLICY
You may return leads for immediate credit within 3 days of purchase if any of the following conditions occur: Borrower does not own the property, wrong phone number, or borrower did not fill in the form.  The lead is a duplicate or the borrower selected the wrong state, credit type, loan type or property type. To receive credit, log in to your account and click on the “Lead Credit” button.  We do not provide any incentives for the borrower to fill in our loan request form and thus only interested persons request information. You may not get a credit if the borrower changed his/her mind about getting a loan, got a loan elsewhere, does not call you back or says they are not interested.

REFUND POLICY
You may get a refund on your credit card or check at any time if you were over billed because of a technical error. Any unused portion of deposited funds is considered “lead credit” and may not be converted to cash or withdrawn in any way other than by the purchase of leads. NO REFUNDS.

CONTACTING BORROWERS
If you take delivery of leads you agree to promptly contact the borrower and to offer the prospective borrower your most competitive rates and highest level of service.  You may tell the borrower that you got their mortgage quote request from The Mortgage Leads Network, but you may not forward the actual lead data to them or any other third party without our express written permission. You are expressly forbidden to resell the data without express written agreement.

OUR RELATIONSHIP
Nothing in this agreement is to be construed as creating an employment agreement, agency relationship, partnership or joint venture.  The Mortgage Leads Network Inc. is an Internet data service provider, we do not make loans, broker loans or engage in any mortgage banking, lending or brokering.

OTHER TERMS AND CONDITIONS:

By using the The Mortgage Leads Network, Inc web site, including any applets, software, and content contained therein, you agree that use of the Service is entirely at your own risk. THE SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. SPECIFICALLY, The Mortgage Leads Network, Inc DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.   NEITHER The Mortgage Leads Network, Inc NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF The Mortgage Leads Network, Inc, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.

The Mortgage Leads Network, Inc is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing at this Web Site, and is the copyright owner or licensee of the content and/or information on this Web Site including but not limited to any screens appearing at the Site. You may not download and/or save a copy of any of the screens except as otherwise provided in these Terms of Service, for any purpose. However, you may print a copy of the information on this Site for your personal use or records. If you make other use of this Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties.  The Mortgage Leads Network, Inc does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this Web Site.

The Mortgage Leads Network, Inc reserves the right to change any information on this Web Site including but not limited to revising and/or deleting features or other information without prior notice. Clicking on certain links within this Web Site might take you to other web sites for which The Mortgage Leads Network, Inc assumes no responsibility of any kind for the content, availability or otherwise. (See “Links from and to this Website” below.) The content presented at this Site may vary depending upon your browser limitations.

The Mortgage Leads Network, Inc has no obligation to monitor the Service. However, you acknowledge and agree that The Mortgage Leads Network, Inc has the right to monitor the Service electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its users. The Mortgage Leads Network, Inc will not intentionally monitor or disclose any private electronic-mail message unless required by law. The Mortgage Leads Network, Inc reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service.

The Terms of Service and the relationship between you and The Mortgage Leads Network, Inc shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and The Mortgage Leads Network, Inc agree to submit to the personal and exclusive jurisdiction of the courts located within the state of California.

The failure of The Mortgage Leads Network, Inc to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction 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 the other provisions of the Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

We reserve the right to refuse service to anyone for any reason.