| This Web site is offered to you,
the "User," conditioned on your acceptance without
modification, of the terms, conditions, and
notices contained in this agreement. Your use of
this Web site constitutes your agreement to all
such terms, conditions, and notices.
Security Policy
Service First Real Estate & Mortgage uses
extensive and sophisticated secure technology to
protect your data and transmissions between you,
Service First. Here are the highlights:
- Transmission between browsers and our web
server is implemented using Secure Sockets Layer
(SSL) technology. This technology requires an
SSL-capable browser such as MS Internet Explorer
3.0 (or later) or Netscape Navigator 2.0 (or
later).
- Transmissions between Service First and
participating lenders or Service First and real
estate professionals are encrypted using public
key cryptography algorithms with a minimum key
size of 128 bits.
- Our database is physically separated from
our web server and is protected by a physical
firewall. Although Service First has taken these
reasonable and appropriate measures to ensure
that your personal information is delivered and
disclosed only in accordance with your
instructions, Service First cannot and does not
guarantee that the personal information you
provide will not be intercepted by others and
decrypted.
Loan Origination Services
All of the information you have provided in this
qualification form or application is true and
complete. You authorize Service First to check
your credit and employment history, to answer
questions regarding their credit history with you,
and provide that information to credit bureaus and
to return their decision to you via the Service
First Real Estate system. At the present time,
Fair, Isaac and Co. (the company that provides
"FICO" credit scores) reports that, for mortgage,
home equity or auto loans, it consolidates all
credit inquiries that occur within a 14-day period
into one inquiry for scoring purposes. You
understand that financial institutions may keep
this form, whether or not you are qualified for a
loan with them. Service First is not a lender and
does not make loans or credit decisions in
connection with loans. Service First is not an
agent of either you, the User, or any
participating lender. Service First's services are
administrative and consultative only. You should
rely on your own judgment in deciding which
available loan product best suits your needs and
financial means. The lender is solely responsible
for its services to you, and you agree that
Service First Real Estate shall not be liable for
any damages or costs of any type arising out of or
in any way connected with your use of such
services. This Web site and the services provided
by Service First are available only in connection
with mortgage loans made on real property located
in California unless otherwise specified. Loans
may only be made to residents of, or secured by
real property located in, states where
participating lenders are licensed or authorized
to make such loans, as indicated herein under the
section titled "Lenders." Lenders are not
attempting to make loans outside of their
authorized states or country by participating in
and offering their products on this Web site.
Service First and/or participating lenders
expressly reserve the right to discontinue,
suspend or terminate the offering of any loan
product in any specific state through this Web
site. Service First does not guarantee acceptance
into any particular loan program or specific loan
terms or conditions with any participating lender;
loan approval standards are established and
maintained solely by individual lenders. Likewise,
Service First does not guarantee that the loan
terms or rates offered and made available by
participating lenders through this Web site are
the best terms or lowest rates available in the
market. Unless expressly stated in writing,
nothing contained herein shall constitute an offer
or promise for a loan commitment or interest rate
lock-in agreement. Service First Real Estate is a
free service to you, the User.
Real Estate Services
All of the information you have provided in the
form is true and complete. You authorize Service
First Real Estate to utilize this information
itself to assist you in the sale or purchase of a
home or to forward your information to its network
of real estate professionals. You understand that
these real estate professionals may keep this
form, whether or not you complete a real estate
transaction with them. Real estate programs are
administered by Service First Real Estate, a
licensed real estate broker. Real estate brokerage
activities are performed by local licensed real
estate brokers. In the case where Service First
Real Estate acts as a referring broker by
referring you to a local real estate broker, for
its services, Service First Real Estate receives a
real estate brokerage referral fee of up to 30% of
the local broker's commission. Your use of this
Web site constitutes your agreement with this
compensation arrangement.
Copyright and Trademark Notices
All contents of this Web site are: Copyright ©
2004 Service First Real Estate & Mortgage. All
rights reserved. Service First Real Estate &
Mortgage is a service mark of Service First Real
Estate Inc.
Disclaimers and Limitations
Service First Real Estate intends that the
information contained in this Web site be accurate
and reliable; however, errors sometimes occurs. In
addition, changes and improvements to the
information provided herein may be made by Service
First Real Estate at any time. THIS WEB SITE AND
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES
ASSOCIATED WITH IT ARE PROVIDED "AS IS." SERVICE
FIRST REAL ESTATE AND/OR ITS SUPPLIERS,
PARTICIPATING LENDERS, OR REAL ESTATE
PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER
WHATSOEVER RELATING TO THIS 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 THIS WEB SITE IS AT YOUR OWN RISK. SERVICE
FIRST REAL ESTATE AND/OR ITS SUPPLIERS,
PARTICIPATING LENDERS, OR REAL ESTATE
PROFESSIONALS 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 THIS
WEB SITE OR WITH THE DELAY OR INABILITY TO USE
THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB
SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS
WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART,
FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
SERVICE FIRST REAL ESTATE AND/OR ITS SUPPLIERS HAD
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU.
Idemnity
As a condition of use of this Web site, you agree
to indemnify Service First Real Estate from and
against any and all liabilities, expenses
(including attorneys' fees) and damages arising
out of claims resulting from 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.
Links to Third Parties
This Web site may contain links to Web sites
maintained by third parties. Such links are
provided for your convenience and reference only.
Service First Real Estate does not operate or
control in any respect any information, software,
products or services available on such Web sites.
Service First Real Estate's inclusion of a link to
a Web site does not imply any endorsement of the
services or the site, its contents, or its
sponsoring organization.
Errors and Delays
Service First Real Estate is not responsible for
any errors or delays in responding to a
qualification form or referral form caused by an
incorrect e-mail address provided by you or other
technical problems beyond our reasonable control.
Dispute Resolution
Any claim or controversy arising out of or
relating to the use of this Web site, to the goods
or services provided by Service First Real Estate,
or to any acts or omissions for which you may
contend Service First Real Estate is liable,
including but not limited to any claim or
controversy as to arbitrability ("Dispute"), shall
be finally, and exclusively, settled by
arbitration venued in Contra Costa County,
California. The arbitration shall be held before
one arbitrator under the commercial arbitration
rules of the American Arbitration Association
("AAA") in force at that time. The arbitrator
shall be selected pursuant to the AAA rules.
Should no AAA rule regarding the selection of an
arbitrator be in effect, the consumer shall select
an arbitrator from a panel of arbitrators
acceptable to Service First Real Estate. In any
arbitration, Service First Real Estate will pay
the filing fee, plus the costs associated with the
first day of arbitration, with the remaining costs
of arbitration paid by the non-prevailing party.
To begin the arbitration process, a party must
make a written demand therefor. Any judgment upon
the award rendered by the arbitrators may be
entered in any court of competent jurisdiction in
Contra Costa County, California. The arbitrators
shall not have the power to award damages in
connection with any Dispute in excess of actual
compensatory damages and shall not multiply actual
damages or award consequential, punitive or
exemplary damages, and each party irrevocably
waives any claim thereto. The 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 SERVICE FIRST REAL ESTATE WILL BE RESOLVED
BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR
RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR
RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE
IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE
DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE
OR JURY. You are entitled to a fair hearing, but
the arbitration procedures are simpler and more
limited than rules applicable in court. Arbitrator
decisions are enforceable as any court order and
are subject to very limited review by a court. By
using Service First Real Estate's goods and
services you consent to these restrictions. Should
a Dispute arise and should the arbitration
provisions herein become inapplicable or
unenforceable, or in any instance of any lawsuit
between you and Service First Real Estate, the
parties agree that jurisdiction over and venue of
any suit shall be exclusively in the state and
federal courts sitting in Contra Costa County,
California. If either party employs attorneys to
enforce any right in connection with any Dispute
or lawsuit the prevailing party shall be entitled
to recover reasonable attorneys' fees.
Other Terms
This Agreement constitutes the entire agreement
between you and Service First Real Estate and it
supersedes all prior or contemporaneous
communications, promises and proposals, whether
oral, written or electronic, between you and
Service First Real Estate with respect to this Web
site and information, software, products and
services associated with it. This Agreement shall
be subject to and construed in accordance with the
laws of the State of California, excluding its
conflict of laws principles. 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. 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. |