View 123 Creator Terms Of Use

123 CREATOR TERMS OF USE

[Last Updated: 8/11/2008]

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SITE.
BY USING THE SITE, YOU WILL BE ACKNOWLEDGING THAT YOU HAVE READ THIS AGREEMENT AND AGREED WITHOUT LIMITATION OR QUALIFICATION, TO BE LEGALLY BOUND BY THIS AGREEMENT AND THE TERMS OF THE COMPANY'S PRIVACY POLICY WHICH IS INCORPORATED HEREIN AS THOUGH FULLY SET FORTH. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THIS WEB SITE.

1. Services:
123 Creator ("Company") provides consumers with the opportunity to have their contact form reviewed by prospective brokers and/or lenders participating in Company's network ("Network Participant"). To use the service, you must complete the online contact form that requests general information from you, including, but not limited to, your name, address, telephone number, email address, and services which you are seeking. Company's collection and use of this information is subject to its Privacy Policy . In order to use this web site or the service, you must agree to these terms as well as the Privacy Policy, which are incorporated herein by reference.

You acknowledge and agree that Company is not a lender, auto financier or credit card issuer, nor is it an insurance broker. Company does not take applications for loans, nor does it make loans or credit decisions in connection with loans, nor does it issue commitments or lock-in agreements. Company is not an agent of the consumer or any bank, lender or loan broker. Company's services are administrative only. Company does not recommend any Services by its Network Participants. You are not charged a fee to use these services and are under no obligation to commence any financing process. Company does not guarantee that completing a contact form will result in a consumer receiving a loan. Company receives its compensation from advertising goods and services actually provided by Company on its network.

The contact form provided by a consumer is NOT an application for credit. Rather, it is a request to be placed in an aggregate consumer base. 123 Creator does not request, obtain or review consumer credit history reports as part of our services. These services are not available for residence of New Hampshire. The information provided on this site is for personal use only and does not constitute legal or financial advice. It is strongly recommended that you consult with a licensed professional before entering into any loan or other agreement. Company does not endorse, warrant or guarantee the products or services of any seller, lender or broker, including, without limitations, any rates, points and loan programs posted by sellers, lenders or brokers. Nothing on the Website constitutes an advertisement for credit as defined by Paragraph 226.24 of Regulation Z.

Once You submit the form, we post and share your information with one or more Network Participants. By submitting the form, you understand and agree that you are submitting an inquiry about services and products from a third party. By submitting the form(s), you are extending an express request to Company and each Network Participant with whom your information is shared to contact you by any means including by telephone (on a recorded line), email or mail based on the information you have provided to us, even if you have opted into the National Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List, or the Do Not Call List of an internal company. You understand that the Network Participant may maintain the information you submitted to Company whether you elect to use their services or not. In the event you no longer want to receive communications from a Network Participant, you agree to notify them directly. You also give Company permission to send you periodic updates for products and services which Company determines may be of interest to you.

Network Participants will receive your information in real-time to determine whether your information meets the their qualification criteria. Network Participants may, among other things, verify your identity, perform a credit check, and review your information against national databases that tracks consumer transactions with others including lending institutions. By submitting the form, you agree to allow participating lenders to review, verify, and research your information in such manner.

If a Network Participant determines that your application meets its criteria, the Network Participant will contact you directly. You understand and agree that, once you have submitted the contact form and Company posts your contact information, Company has no further involvement with your request. Specifically, Company has no involvement in procuring or finding of any loan for you nor does it have any involvement in the loan application or approval process. Your subsequent interactions with the lender are subject to
privacy policy, terms of use, and other policies and/or terms enforced by that lender.

Company is not a lender and does not make loan or credit decisions in connection with its service nor does it guarantee acceptance into any particular loan program or specific loan terms of conditions with any participating lender. Company does not guarantee that the price, product, availability, rates, fees, or any other loan terms offered and made available by participating lenders are the best terms available in the market.

Company does not endorse or recommend the products of any particular lender. It is not an agent of you or any participating lender. Company is not involved with the lender's use and/or review of your information or in making a determination about whether you meet a particular lender's qualification criteria. The lender is solely responsible for its services to you, and you agree that Company shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of Company's service. You understand that participating lenders may keep your contact information or other information you provide directly to them, whether or not they are able to provide you with a loan or other services.

Company reserves the right to change any information, features and/or functions of its services without prior notice. Company reserves the right to deny you access to all or part of the services without prior notice. It specifically disclaims any responsibility for any errors or delays in providing the services caused by errors in any of the information provided by you or by any technical problems.

2. Use of the COMPANY Website and Service. You certify to COMPANY that: (i) you are at least eighteen (18) years of age; (ii) you are the actual person submitting the information and not on behalf of another person or entity (iii) you assume full responsibility for the use of the Service by any minors; (iv) you agree that all information you have submitted to Company, online or otherwise, is accurate and complete, and that you have not knowingly submitted false information on or through the Company Website or Service; and, (v) your use of the Service is subject to all applicable federal, state, and local laws and regulations.

3. Prohibited conduct. You must not (i) submit, transmit or facilitate the distribution of information or content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable; (ii) submit, transmit, promote or distribute information or content that is illegal; (iii) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (iv) take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) upload invalid data, viruses, worms, or other software agents through the Service; (vi) use any robot, spider, scraper or other system to access the Service for any purpose without our express written permission; (vii) impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity; (viii) submit, upload, post, email, transmit or otherwise make available any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (ix) interfere with the proper working of the Service; or, (x) bypass the measures we may use to prevent or restrict access to the Service.

4. Privacy Policy. Personal information submitted in connection with the Service is subject to our Online Privacy Policy. For more information, see our full Privacy Policy.

5. Copyright and Trademark Notice Information. All content of the Company Website is protected under copyright: Copyright © 2008 123 Creator, P.O. Box 1896, Simi Valley, CA 93062-1896 and/or its Clients and third party vendors. All rights reserved. 123Creator.com, is a trademark and service mark and other COMPANY logos and product service names are trademarks of COMPANY ("COMPANY Marks"). Without Company's prior permission, you agree not to display or use in any manner, the Company Marks. All other logos or brand names shown on the Service are trademarks of their respective owners and/or licensors.

6. Proprietary Rights. You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further agree that all materials and/or content, including, but not limited to, articles, artwork, screen shots, graphics, logos, text, drawings and other files on the Company Website or as part of the Service are copyrights, trademarks, service marks, patents or other proprietary rights of Company or their respective intellectual property owners. Except as expressly authorized by Company, you agree not to modify, copy, reproduce, sell, distribute or create derivative works based on or contained within the Company Website, the Service or the Software, in whole or in part.

7. Links. Company, through its Website, the Service or otherwise, may provide links to other websites. Because Company has no control over such websites, you acknowledge and agree that Company is not responsible for the availability of such external websites, and does not endorse and is not responsible or liable for any content, advertising, products, whether loan, auto, or telecommunications, or other materials on or available from such websites. You further acknowledge and agree that Company 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 use of or reliance on any such content, products, goods or services available on or through any such website.

8. Indemnification. You agree to indemnify and hold Company, its subsidiaries, affiliates, agents, shareholders, officers, contractors, vendors and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Company Website or Service, the violation of the Agreement by you, or the infringement by you, or any other user of the Company Website or Service using your computer, of any intellectual property or other right of any person or entity. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

9. Warranty Disclaimer and Limitation of Liability. THIS WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE ACHIEVED BY USING THIS WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT. USE OF THIS WEB SITE AND/OR THE COMPANY'S SERVICES IS AT YOUR OWN RISK. COMPANY AND/OR ITS PARTICIPATING LENDERS OR ADVERTISERS OR ANY OF THEIR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS, OR SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE AND/OR SERVICES 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 WEBSITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY OR ITS NETWORK PARTICIPATS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY AND DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMERS AND LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF COMPANY, ITS NETWORK PARTICIPANTS AND THEIR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS AND SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

10. Release. YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE COMPANY AND ITS AFFILLIATES, PARTNERS, SERVICE PROVIDERS, CLIENTS, VENDORS, AND CONTRCTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.

11. Notice. Company may provide you with notices, including those regarding changes to the Agreement, either by email, regular mail, or postings on the Service. All notices to

Company must be made in writing and mailed to:
123 Creator
Attn: Law Offices
P.O. Box 1896
Simi Valley, CA 93062-1896

12. Termination. You agree that Company may, under certain circumstances and without prior notice, immediately terminate your access to the Company Website or Service. Cause for such termination shall include, but not be limited to: (i) breaches or violations of the Agreement or other incorporated agreements or Company's Privacy Policy; (ii) requests by law enforcement or other government agencies; (iii) discontinuance or material modification to the Service (or any part thereof); and (iv) unexpected technical or security issues or problems. You agree that all terminations for cause shall be made in Company's sole discretion and that Company shall not be liable to you or any third party for any termination or access to the Company Website or Service.

13. Dealings with Third Parties. Your correspondence or business dealings with any third parties as a result of your visit and participation in the Service, including, but not limited to, business dealings with mortgage brokers or lenders, insurance agents or carriers, or any other entity derived from our site or service or and other terms, conditions, warranties, representations associated with such dealings, are solely between you and such third party. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party on the Service.

14. Disputes. This Agreement will be interpreted in accordance with the laws of the State of California, without regard to the conflicts of laws principles thereof. The parties agree that any and all disputes, claims or controversies arising out of or relating to the Agreement, its interpretation, performance, or breach, that are not resolved by informal negotiation within 30 days (or any mutually agreed extension of time), shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association ("AAA") in the County of Ventura, California, or its successor. Either party may commence the arbitration process called for herein by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA's Commercial Dispute Resolutions Procedures in effect at the time of submission of the demand for arbitration. The costs of arbitration plus reasonable attorneys' fees (including fees for the value of services provided by in-house counsel) shall be awarded to the prevailing party in such arbitration. Judgment on the award rendered by the arbitrator may be entered in the Superior Court of California, County of Ventura, or the United States District Court for the Central District of California. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the Superior Court of California, County of Ventura, or the United States District Court for the Central District of California: (i) any dispute, controversy, or claim relating to or contesting the validity of Company's proprietary rights, including without limitation, trademarks, service marks, copyrights, or trade secrets; or, (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or provisional relief such as writs of attachments or possession.

THE PARTIES AGREE THAT THIS AGREEMENT HAS BEEN ENTERED INTO AT COMPANY'S PLACE OF BUSINESS IN THE COUNTY OF VENTURA, STATE OF CALIFORNIA, AND ANY ARBITRATION, LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE COMMENCED AND TAKE PLACE IN THE COUNTY OF VENTURA, STATE OF CALIFORNIA.

15. Modification to Service. Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

16. Waiver and Severability of Terms. The failure of Company to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement 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 Agreement remain in full force and effect.

17. Disclosure of Your Information. You acknowledge, consent and agree that Company may access, preserve, and disclose the information we collect about you if required to do so by law or in good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any information or content violated the rights of the third parties; (iv) respond to your requests for customer service; (v) protect the rights, property, or personal safety of Company, its users and the public; or (vi) as provided in our Online Privacy Policy.

18. Entire Agreement. The Agreement, together with the Online Privacy Policy, constitutes the entire agreement between you and Company and governs your use of the Website or Service, superseding any prior agreements between you and Company. You also may be subject to additional terms and conditions that may apply when you use or purchase certain item when you use certain other Company services, affiliate services, third party content or third party software.

19. Survival. The following paragraphs shall survive termination or your refusal to continue to use the Service: 5, 6, 7, 9, 10, 11, 12, and 15.

20. Statute of Limitations. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO USE OF THE SERVICE OR THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

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.

PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.