BY
VISITING OR USING THE PREMIER LENDING GROUP, LLC MORTGAGE COMPANY
WEB SITE, OR ANY PAGE OF THE WWW.PREMIERLEND.NET WEB SITE, YOU ARE
AGREEING TO BE BOUND BY THESE TERMS OF USE, AND THAT SUCH AGREEMENT
CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND PREMIER LENDING GROUP,
LLC MORTGAGE COMPANY. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS
OF USE, PLEASE DO NOT VISIT OR USE THE PREMIERLEND.NET WEB SITE
OR ANY PAGE OF THE PREMIERLEND.NET WEB SITE.
TERMS
AND CONDITIONS FOR USE
Definitions
As
used in this contract: (a) the term "Agreement" refers to this contract;
(b) the terms "you" and "yours," refer to you, a visitor to the
PREMIER LENDING GROUP, LLC web site, as well as anyone you authorize
to visit the PREMIER LENDING GROUP, LLC web site on your behalf;
(c) the terms "PREMIER LENDING GROUP, LLC," "we," and "our" and
"ours" refer to PREMIER LENDING GROUP, LLC Mortgage Company and
any affiliates of PREMIER LENDING GROUP, LLC whose products or services
are offered on the PREMIER LENDING GROUP, LLC web site; and (d)
the term " PREMIERLEND.NET Web Site" refers to the web site located
at www.PREMIERLEND.NET and related pages, or any linked pages and
web sites hosted or sponsored by PREMIER LENDING GROUP, LLC.
Privacy
Policy
PREMIER
LENDING GROUP, LLC is committed to maintaining the privacy and security
of any and all information that you provide to PREMIER LENDING GROUP,
LLC through the PREMIERLEND.NET Web Site. To that end, PREMIER LENDING
GROUP, LLC urges you to review the PREMIER LENDING GROUP, LLC Privacy
Policy, which may be accessed by clicking on the following link:
Privacy Policy
Please
note that privacy policies of PREMIER LENDING GROUP, LLC's affiliates
or third parties may apply to information you provide on the PREMIERLEND.NET
Web Site. In addition, web sites linked to the PREMIERLEND.NET Web
Site may have separate privacy policies.
Use
And Limitations Of The PREMIERLEND.NET Web Site
Except
where we specify otherwise, PREMIER LENDING GROUP, LLC offers you
access to the PREMIERLEND.NET Web Site solely for your personal
and noncommercial uses. You promise that you will not use the PREMIERLEND.NET
Web Site, in whole or in part, for any purpose that is unlawful
or prohibited by this Agreement. You agree that you will not modify,
copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, frame in another web page,
use on any other web site, transfer or sell any information, software,
lists of users, databases or other lists, products or services provided
through or obtained from the PREMIERLEND.NET Web Site. This means,
among other activities, that you agree not to engage in the practices
of "screen scraping," "database scraping," or any other similar
activity. You agree that you will not use the PREMIERLEND.NET Web
Site in any manner that could damage, disable, overburden, or impair
the PREMIERLEND.NET Web Site or interfere with any other party's
use and enjoyment of the PREMIERLEND.NET Web Site. You may not obtain
or attempt to obtain any materials or information through any means
not intentionally made available or provided for through the PREMIERLEND.NET
Web Site.
If
and when requested by PREMIERLEND.NET, you agree to provide true,
accurate and complete user information and to refrain from impersonating
or falsely representing your affiliation with any person or entity.
Except with the written permission of PREMIERLEND.NET, you agree
that you will not access or attempt to access password protected,
secure or nonpublic areas of the PREMIERLEND.NET Web Site.
You
agree that PREMIER LENDING GROUP, LLC may in its sole discretion
and at any time terminate your access to and use of the PREMIERLEND.NET
Web Site, or any part thereof, with or without notice.
The
PREMIERLEND.NET Web Site contains content and information originated
by PREMIER LENDING GROUP, LLC, affiliates of PREMIER LENDING GROUP,
LLC or unaffiliated third parties. PREMIER LENDING GROUP, LLC makes
available such content and information through the PREMIERLEND.NET
Web Site as a public service, for the sole purpose of aiding you,
the individual consumer. PREMIER LENDING GROUP, LLC, therefore,
cannot guarantee the accuracy, sufficiency, correctness, veracity,
completeness, or timeliness of such information. You are responsible
for confirming the sufficiency and reliability of any such information.
This means, for example, that all of the information and materials
contained in the PREMIERLEND.NET Web Site-including any terms and
conditions necessary to obtain a loan or other products or services-are
subject to change at any time. Not all products and services are
available in all geographic areas. Your eligibility for particular
products and services is subject to final PREMIER LENDING GROUP,
LLC determination and acceptance.
Electronic
Signatures and Communications
All
electronic communications, including any electronic signatures or
identifiers of PREMIER LENDING GROUP, LLC, are being transmitted
solely for informational purposes. By making an electronic communication,
PREMIER LENDING GROUP, LLC specifically does not intend to agree,
bind, or otherwise consent to any matter for any purpose whatsoever,
including loan approval, and does not intend that the electronic
communication, or any related or associated electronic media or
data, to constitute, or to be deemed to constitute, an electronic
signature pursuant to any state or federal law or regulation that
authorizes the use of electronic signatures.
Disclaimer
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR
USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING, BUT
NOT LIMITED TO, CONTENT PROVIDED BY PREMIER LENDING GROUP, LLC,
AN PREMIER LENDING GROUP, LLC AFFILIATE OR A THIRD PARTY THROUGH
THE PREMIERLEND.NET WEB SITE IS AT YOUR SOLE RISK. SUCH INFORMATION
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PREMIER LENDING
GROUP, LLC MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES,
OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY,
CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH
INFORMATION. PREMIER LENDING GROUP, LLC EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PREMIER LENDING GROUP,
LLC SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH INFORMATION
OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING
CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING
LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE
USE OR RELIANCE UPON SUCH INFORMATION. ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE PREMIERLEND.NET WEB SITE
IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Indemnification
YOU
AGREE TO INDEMNIFY AND HOLD PREMIER LENDING GROUP, LLC AND ITS,
SUPPLIERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES AND AGENTS HARMLESS
FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED
TO REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR
ARISING OUT OF ANY INFORMATION, INCLUDING, BUT NOT LIMITED TO, INFORMATION
PROVIDED VIA THE PREMIERLEND.NET WEB SITE.
THE
INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THE PREMIERLEND.NET
WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PREMIER LENDING
GROUP, LLC, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME.
IN
NO EVENT SHALL PREMIER LENDING GROUP, LLC, PREMIER LENDING GROUP,
LLC'S AFFILIATES OR THIRD PARTIES, INCLUDING SUPPLIERS, BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PREMIERLEND.NET
WEB SITE, WITH THE DELAY OR INABILITY TO USE THE PREMIERLEND.NET
WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE PREMIERLEND.NET WEB SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE PREMIERLEND.NET WEB SITE,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF PREMIER LENDING GROUP, LLC, PREMIER LENDING GROUP,
LLC'S AFFILIATES OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE PREMIERLEND.NET WEB SITES, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE PREMIERLEND.NET WEB SITE. Without limiting the foregoing,
you agree to indemnify, defend and hold harmless PREMIER LENDING
GROUP, LLC, its partners, affiliates, subsidiaries and suppliers
from any liability, loss, claim and expense (including attorneys'
reasonable fees) related to your violation of this Agreement.
MISCELLANEOUS
This
Agreement is governed by the laws of the State of Washington. You
agree and consent to the exclusive jurisdiction and venue of courts
sitting in Washington, County of Orange and/or Central District
of Washington in all disputes arising out of or relating to the
use of the PREMIERLEND.NET Web Site. Use of the PREMIERLEND.NET
Web Site is unauthorized in any jurisdiction that does not give
effect to all provisions of these terms and conditions, including
without limitation this paragraph.
You
agree that no joint venture, partnership, employment, or agency
relationship exists between you and PREMIERLEND.NET as a result
of this Agreement or use of the PREMIERLEND.NET Web Site. If any
part of this Agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will 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
continue in effect. Unless otherwise specified herein, this Agreement
constitutes the entire agreement between you and PREMIER LENDING
GROUP, LLC with respect to the PREMIERLEND.NET Web Site and it supersedes
all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between you and PREMIER LENDING GROUP,
LLC respect to the PREMIERLEND.NET Web Site. 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.