Disclaimer and Site Policy
USER AGREEMENT,
TERMS, CONDITIONS AND NOTICES 01/01/2007
This User Agreement and Terms, Conditions and Notices
("Agreement") is entered into by and between National Small Business Corporation ("NSBA Corp") and you, the User
(Member) of the NSBA Corp Web Site.
DEFINITIONS
Member: Any
registered user of NSBA Corp including but not limited to Borrowers, Brokers, Lenders, Appraisers, Escrow companies,
Associates, and Others. Also called User
User = Member: For the purpose of this agreement the terms "User" and
"Member" are interchangeable
NSBA Corp: NSBA Corp Web and all of its Individual Sub webs.
AGREEMENT BETWEEN USER AND NSBA CORP
The NSBA Corp Web Site (the "Web Site")
is intended to provide an information exchange through which participating licensed mortgage lenders, mortgage
brokers, service providers and potential borrowers can interact. NSBA Corp is not a mortgage lender or a mortgage
broker and does not process, underwrite, make or close loans or make any credit decisions in connection with loans.
NSBA Corp does not endorse, recommend or favor the products of any participating broker, lender or service provider.
To enhance your results NSBA Corp may, at its discretion, refer and upload your loan request to one or more the
following lenders: ameriquest.com, eloan.com, fullspectrum.com, premierequity.com, plcrealty.com, lowermybills.com,
centurymgt.com and or other lenders as NSBA Corp see fits. (Depending on the nature of your loan request). The User
should rely on his/her own judgment in deciding which loan product or service best suits his/her needs and financial
means. This Web Site is offered to you, the User, conditioned upon your acceptance without modification of the terms,
conditions and notices contained herein. Your use of this Web Site constitutes your Agreement to all such terms,
conditions and notices.
USE
Member agrees to use NSBA Corp to
obtain and exchange financial data.
Member may copy the Content displayed on this NSBA Corp for personal use
only, provided that Member maintains all copyright and other notices contained in such Content.
Member shall
have the right to publish through the NSBA Corp certain content describing the Member and such other information.
Unless otherwise agreed in advance, Member hereby grants NSBA Corp, a royalty-free, non-exclusive license to use,
disclose, reproduce, modify, license and distribute any and all content provided by Member to the NSBA Corp.
INFORMATION PLACED ON WEB SITE
User represents and warrants that all
information User places on the Web Site is true, correct and complete in all respects. User understands, acknowledges
and agrees that NSBA Corp has no control over any information placed on the Web Site by any lender, broker, service
provider or borrower, and that Lending Universe is not responsible nor liable in any way for the truthfulness,
correctness, accuracy or completeness of any such information.
CONTENT
RESTRICTIONS
While NSBA Corp does not and cannot review every message or items published by members on
the NSBA Corp and is not responsible for the content of these published materials, NSBA Corp reserves the right to
edit content that NSBA Corp deems defamatory, obscene, in violation of copyright or trademark laws, or otherwise
unacceptable.
ACCESS AND AVAILABILITY OF NSBA CORP AND LINKS
NSBA Corp reserves the right, in its sole discretion, to link additional sites or to remove existing linked sites at
any time and without notice to Member.
REGISTRATION AND SECURITY
Member shall provide NSBA Corp with registration information that correctly represents Member's professional
licensing, experience and ability to transact business.
Member shall notify NSBA Corp at administrator@NSBACorp.com of any known or suspected unauthorized use(s) of Member's
account, or any known or suspected breach of security.
COMMUNICATIONS BETWEEN
NSBA CORP AND MEMBERS
Unless Member indicates by notifying administrator@NSBACorp.com that Member does not want to receive such information, NSBA
Corp reserves the right to disclose certain limited Member information for the purpose of providing Member with
information about products and NSBA Corp.
NSBA Corp reserves the right to send electronic mail to any and all
members for the purpose of informing them of changes or additions to the NSBA Corp, this Agreement, or of any NSBA Corp
related products and NSBA Corp.
CHANGES TO NSBA CORP
NSBA Corp
reserves the right to change or discontinue any part of the NSBA Corp website and service. NSBA Corp may also impose
limits on certain features without notice or liability. Notification of any such change will be posted on the NSBA Corp
or sent to Member via e-mail.
If NSBA Corp makes changes to the NSBA Corp, and if the changes cause Member to
be in default under the terms of this Agreement, Member may terminate its subscription by sending an e-mail notice of
termination to administrator@NSBACorp.com. However, Member's continued use of
the NSBA Corp following the posting of notice of any such change will constitute a binding acceptance by Member.
COMPENSATION
Under no circumstances will NSBA Corp be obligated to pay
loan-related fees. The borrower understands, acknowledges and agrees that there are likely to be numerous fees and
charges that the lender and/or broker will impose upon borrower. These fees and charges should be negotiated directly
with the lender and/or broker, not with or through NSBA Corp. All such fees and charges are separate and apart from
this Web Site or any services provided by NSBA Corp.
Lending Universe currently offers the service described
herein as a service allowing users to create their own loan-related websites. The company provides what is analogous
to a bulletin board and tools for the user to create his own postings to that bulletin board. The company is not
offering to make or broker any loans and specifically does not intend to offer any service in any jurisdiction where
the offer or delivery of such service would not comply with or would violate any law or regulation. Any offer and any
of the fees, explicit or implied, are void where prohibited by law.
PAYMENTS
FOR LEADS
NSBA Corp reserves the right to charge fees for selected loan leads. Leads may be purchased on
case-by-case basis by brokers/lenders. Interested borrowers or their brokers' representatives provide the lead data.
User understands, acknowledges and agrees that NSBA Corp has no control over any information placed on the Web Site by
any lender, broker, service provider or borrower, and that Lending Universe is not responsible nor liable in any way
for the truthfulness, correctness, accuracy or completeness of any such information. The leads fee is based on the
loan freshness, loan size, quality of application and other factors. Leads fee will be published on the web site and
will be subject to change from time to time.
PROMOTIONAL LEADS’ CREDIT
FOR CUSTOMERS
Lending Universe Inc. reserves the right to issue promotional credit to customers.
Promotional credit can be used only to purchased leads and it may be restricted to a specific period of time.
Customers may lose the unused portion or the entire promotional credit if not used by the specified time allocated for
that promotion.
COPYRIGHT NOTICE
The contents of all material
available on the Web Site are copyrighted by NSBA Corp. unless otherwise indicated. All rights are reserved by NSBA
Corp and content may not be reproduced, downloaded, disseminated, published or transferred in any form or by any
means, except with the prior written permission of NSBA Corp.
NOTICE AND
DISCLAIMER
INFORMATION ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT.
NSBA Corp (INCLUDING, WITHOUT LIMITATION, ITS EMPLOYEES AND AGENTS) ASSUMES ABSOLUTELY NO
RESPONSIBILITY FOR ANY CONSEQUENCES RESULTING FROM OR RELATED TO THE USE OF THE WEB SITE BY ANY USER, OR FOR ANY
INFORMATION ON THE WEB SITE, OR FOR THE CONTENT OF SUCH INFORMATION, INCLUDING, BUT NOT LIMITED TO, DELAYS, ERRORS OR
OMISSIONS, THE ACCURACY OR REASONABLENESS OF INFORMATION, THE DEFAMATORY NATURE OF STATEMENTS, OWNERSHIP OF COPYRIGHT
OR OTHER INTELLECTUAL PROPERTY RIGHTS, AND THE VIOLATION OF PROPERTY, PRIVACY OR PERSONAL RIGHTS OF OTHERS. NSBA Corp
IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR, DAMAGES OF ANY KIND ARISING OUT OF ANY USE,
REFERENCE OR RELIANCE ON SUCH INFORMATION.
User expressly covenants and agrees to indemnify, defend and hold
harmless NSBA Corp from and against any and all losses, damages, costs and expenses, and any and all claims by any
person or entity, that arise from or relate in any way to (i) the information or materials placed on the Web Site by
User, (ii) any breach or non-performance of any term or provision of this Agreement, or (iii) any act, error or
omission by User.
NO UNLAWFUL OR PROHIBITED USE
As a condition
of your use of this Web Site, you warrant to NSBA Corp that you will not use this Web Site or any information
contained on the Web Site for any purpose that is unlawful or prohibited by these Terms, Conditions and Notices.
USER WARRANTIES AND COVENANT
User represents, warrants and covenants
that, at all times while it is a User of the Web Site, (i) User has complied, and will continue to comply, with all
legal, regulatory and other requirements related to its use of the Web Site and the conduct of its activities, (ii)
User has, and will continue to have, all requisite power and authority to execute, deliver and perform its obligations
hereunder, (iii) no contractual or legal obligations exist that would prevent User from entering into this Agreement,
using the Web Site or conducting its activities, (iv) all fees charged to borrowers by any broker and/or lender shall
be appropriate and reasonably related to the value of the services rendered and comply with all federal and state
statutes and regulations, and (v) User shall abide by all policies, procedures and guidelines established from time to
time by NSBA Corp, including those related to compliance, privacy and use of the Web Site.
MODIFICATION OF THESE TERMS, CONDITIONS AND NOTICES
NSBA Corp reserves the right, at any
time and from time to time, to change the Terms, Conditions and Notices under which this Web Site is offered.
LINKS TO OTHER INTERNET SITES
At certain places on this Web Site,
live "links" to other Internet addresses can be accessed ("Linked Sites"). Such Linked Sites contain information
created, published, maintained, or otherwise posted by institutions or organizations independent of NSBA Corp. NSBA
Corp does not endorse, approve, certify or control these Linked Sites and does not guarantee the accuracy,
completeness, efficacy, timeliness or correct sequencing of information that they contain. Use of Linked Sites is
voluntary, and should only be undertaken after an independent review by the user of the accuracy, completeness,
efficacy and timeliness of the information contained therein. In addition, it is the user's responsibility to take
precautions to ensure that material selected from such Linked Sites is free of such items as viruses, worms, Trojan
horses and other items of a destructive nature. NSBA Corp is not responsible for, and expressly disclaims all liability
for, (i) the contents of any Linked Site, (ii) damages of any kind arising out of the use of such Linked Sites, or
(iii) reference to or reliance on information contained therein.
GENERAL
Each party hereto may terminate this Agreement at any time for any reason. Notwithstanding
the foregoing, all obligations, which arose under this Agreement prior to its termination, will survive termination,
including but not limited to, all representations, warranties, and covenants and indemnification obligations of the
parties.
By accessing this Web Site, you have directed your system to a computer located in the State of
California. You agree that disputes arising out of or relating to the contents or use of this Web Site are to be
governed by the laws of the State of California. You consent to the exclusive jurisdiction of courts sitting in the
State of California in all disputes arising out of or relating to the contents or use of this Web Site. You agree that
the venue of any action brought against NSBA Corp in federal court shall by in the United States District Court for
the Central District of California, or in the Superior Court of Los Angeles County, California. You agree that all
such disputes shall be tried by the court and hereby waive any right to trial by jury.
If any legal action or
other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default
or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or
parties shall be entitled to reasonable attorney's fees and other costs incurred in that action or proceeding, in
addition to any other relief to which it or they may be entitled.
If any part of this Agreement is determined
to be invalid or unenforceable pursuant to applicable law, including without limitation, the warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable provisions 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 full force and effect.
This Agreement constitutes the entire Agreement between you
and NSBA Corp with respect to the use of this Web Site and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between you and NSBA Corp with respect to this 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.
The rights and obligations
under this Agreement may not be assigned, including by operation of law, without the expressed written consent of NSBA
Corp.
Failure or delay in exercising any right shall not act as a waiver of any right, nor shall any single or
partial exercise of any right preclude any other or further exercise thereof. No waiver of any of the provisions of
this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor
shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party
marking the waiver. Remedies herein are deemed as cumulative and nonexclusive of each other.
Nothing contained
in this Agreement shall be deemed to create, nor shall this Agreement be construed so as to create, a joint venture,
agency or employment relationship between NSBA Corp and any lender, broker and/or borrower.
This Agreement
shall be construed as though drafted by both parties and shall not be construed against or in favor of any party.
Captions and paragraph headings herein are for convenience only, and shall not be used in construing this
Agreement.
This Agreement shall not be effective until accepted by NSBA Corp, as evidenced by the registration
submission acknowledgement.
Any rights not expressly granted herein are reserved.
DISPUTE BETWEEN MEMBERS
NSBA Corp is acting only as a facility to help Members. NSBA Corp
acts only as a data provider to its participating Members. NSBA Corp does not take part in the funding or arranging of
any loans. NSBA Corp is not involved in any credit decision or any loan origination of any kind. All Members must
conduct their own due diligence prior to and during any financial transaction. NSBA Corp does not guarantee any
results to its Borrower and any other Members.
A dispute may arise about commission to brokers and or any other
breach of agreement between Members. In such event each and every Member hereby indemnifies, defends and holds NSBA
Corp, and its officers, directors, owners, agents, information providers, affiliates, licensors, licensees, and
members (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred
by the Indemnified Parties in connection with any claim arising out of any dispute between 2 or more Members,
including reasonable attorneys' fees and costs.
SITE LIMITATION
Member hereby indemnifies, defends and holds NSBA Corp, and its officers, directors, owners, agents, information
providers, affiliates, licensors, licensees, and members (collectively, the "Indemnified Parties") harmless from and
against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out
of any technical failure in NSBA Corp. Technical failure may occur as a result of power failure, Site upgrade, faulty
Internet connection, programming errors, database errors, and any other cause.
Member hereby indemnifies,
defends and holds NSBA Corp, and its officers, directors, owners, agents, information providers, affiliates,
licensors, licensees, and members (collectively, the "Indemnified Parties") harmless from and against any and all
liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any Administration
failure or flubs in NSBA Corp. Administration Failure and flubs can occur by reason of human error or computer error
and are not limited by scope.
ACCEPTABLE COMMUNICATION POLICY
Lending Universe allows you to freely communicate with loan applicants and real estate professionals to collect
additional information needed to close loan applications through NSBA Corp website. All Letters of Interest and Loan
Approvals must be submitted through Lending Universe website. Selling/promoting any other products, services or
websites to Lending Universe members is strictly prohibited. Circumventing Acceptable Use Policy will be reason for
immediate account termination and legal action to the fullest extent of the law.
PRIVACY
Lending Universe's website has various methods available to you for attempting to limit
the immediate distribution of information you place in your loan website. However, all such methods are imperfect
(e.g., the Lending Universe website can be hacked, unauthorized parties may obtain the access codes of authorized
parties, system or software failures, bugs, or engineering defects may allow unauthorized access, etc.). Further, even
if only authorized parties (such as authorized brokers) access information you place on your loan site, those
authorized parties may disseminate your information to others without your or Lending Universe's knowledge or
approval. Lending Universe makes no warranties, representations or guarantees regarding the privacy of the information
you place on your site and assumes no responsibility for such privacy. To enhance your results NSBA Corp may, at its
discretion, refer and upload your loan request to one or more the following lenders: ameriquest.com, eloan.com,
fullspectrum.com, premierequity.com, plcrealty.com, lowermybills.com, centurymgt.com and or other lenders as NSBA Corp
see fits. (Depending on the nature of your loan request). As a condition of your usage of Lending Universe's website
and your placement of private information on the site, you agree by your usage that Lending Universe will have no
liability for the privacy or use of the information you place on your site nor liability for any damages resulting
from the use of your information. More data about our privacy policy is contained and published on our webs site and
the use acknowledge is part of our legal disclosure see "Privacy Policy and Security" statement.
TERMINATION OF MEMBERSHIP
In the event you terminate your membership, all
existing borrowers that were entered into NSBA Corp through your website will remain Members of NSBA Corp. To remove
the borrowers' memberships, you can deactivate them one by one.
TERMINATION AND REFUND POLICY
Member may terminate Member's account at any time by sending e-mail
to adminstrator@NSBACorp.com
Promotional products provided with
purchase by NSBA Corp are provided without an NSBA Corp warranty of any kind, expressed or implied, including those of
merchantability and fitness for a particular purpose, or arising from a course of dealing, usage or trade practice.
Any and all warranties available for promotional products are provided directly by the manufacturer. NSBA Corp makes
no warranties or representations regarding the accuracy or completeness of the promotional product information
provided.
REFUND POLICY TERMS AND CONDITIONS
U.S. Consumer
The following information details rights and obligations with respect to your application, and the required steps to
obtain a refund. Your paid application at NSBACorp.org constitutes your agreement that these policies apply to the
transaction, and a 100% refund of the $50.00 application fee will be issued only after specific conditions and
requirements are met.
Refunds will be processed upon NSBA's physical receipt of the original lender declination
letter, forwarded by the applicant, within 15 days of the date it was issued. A cover letter indicating the assigned
loan officer's name and contact information must be attached to the declination letter upon mailing. These materials
must be mailed to NSBA via USPS Registered Mail with Return Receipt to the following address:
NSBA Corp
Refund Dept.
25 Newbridge Road, Suite 420
Hicksville, NY 11801
Failure to submit the original
declination letter to NSBA Corp within the indicated 15-day time period, or more than 60 days after the original
application date (regardless of approval status) will nullify the applicant’s eligibility for a refund. NSBA Corp is
not responsible for delays in mail service or any other unforeseen circumstances which may delay submission and/or
receipt of the declination letter by either party. It is recommended that you keep a photocopy of all submitted
materials for your own recordkeeping purposes.
NSBA Corp will contact the lender to verify loan declination and
associated details. Refunds will not be issued for any loan denials that are the result of incomplete submission of
documentation requested by the lender, or any other such negligence or resistance to cooperate with bank application
requirements. Fraudulent and/or invalid information submitted to a lender automatically disqualifies the applicant from
refund eligibility.
REPRESENTATIONS AND WARRANTIES
Member
represents, warrants and covenants:
(a) that no materials of any kind submitted through Member's account will
(i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or
other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material;
(b) that
Member's published materials on the NSBA Corp or use of the NSBA Corp does not violate any federal, state or local
laws, including securities laws; and
(c) that Member is at least eighteen years old.
Member hereby
indemnifies, defends and holds NSBA Corp, and its officers, directors, owners, agents, information providers,
affiliates, licensors, licensees, and members (collectively, the "Indemnified Parties") harmless from and against any
and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach
by Member of this Agreement, including, reasonable attorneys' fees and costs.
THE NSBA CORP IS USED ON AN "AS
IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF
TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MEMBER HEREBY ACKNOWLEDGES THAT
USE OF NSBACORP.ORG IS AT MEMBER'S SOLE RISK.