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Terms and Conditions
Please read this agreement ("Agreement") carefully before accessing or using this Website ("Site").
THIS AGREEMENT IS BETWEEN USER (hereinafter "User," "You,"
"Your") AND PIONEER INFO a Idaho corporation (hereafter
Pioneer Info Pioneer Info and mortgageleadgroup.org
"Website," "Company"). Pioneer Info’s services offered to
you, the "User," are conditioned on your acceptance without
modification, of the terms, conditions, and notices
contained in this Agreement. Your use of Pioneer Info’s
services constitutes your agreement to all such terms,
conditions, and notices.
DESCRIPTION OF THE SERVICE OFFERED
Pioneer Info is a Website containing a computerized program
which provides a mechanism available via the internet,
pursuant to which consumers can obtain information regarding
lenders and mortgage brokers.
The listing of companies on the Website, and/or your ability
to "click-through" to another website from the Website, or
the forwarding of your information form to a participating
lender or mortgage broker, does not constitute a referral.
Information contained on the Website is provided for general
informational purposes. You may choose to use or not to use
the information contained on the Website. Pioneer Info does
not recommend, refer, advise, or prefer individuals to use
any particular company. In all cases, you should make your
own judgments as to which service providers to use. The
lender or mortgage broker is solely responsible for its
services to you, and you agree that the 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 any lender or
mortgage broker's services.
Pioneer Info is not a lender or mortgage broker and does not
make loans or obtain your credit report.
Mortgageleadgroup.org does not make credit decisions in
connection with loans. The Company is not an agent of the
User or any participating lender or mortgage broker.
By clicking the icon "Apply Now" you will be asked to
complete an information form. The information form you
submit is NOT an application for credit or a loan. It is a
request to be contacted by one or more lenders or mortgage
brokers with information regarding mortgage loans available
in your area. You will be required to complete an
application for a loan directly with a lender or mortgage
broker and authorize them to obtain a copy of your credit
report before they will extend a loan offer to you. The
Company does not guarantee that the loan terms or rates
offered and made available by participating lenders or
mortgage brokers will be the lowest rates available in the
marker or will have the best terms. Nothing contained herein
shall constitute an offer or promise for a loan commitment
or interest rate lock-in agreement.
ONCE YOU HAVE SUBMITTED THE FORM, THE INFORMATION CONTAINED
ON THE FORM MAY BE FORWARDED TO ONE OR MORE LENDERS OR
MORTGAGE BROKERS, AND THOSE LENDERS OR MORTGAGE BROKERS MAY
CONTACT YOU BY TELEPHONE OR BY E-MAIL. BY SUBMITTING THE
FORM, YOU ARE PROVIDING YOUR EXPRESS CONSENT TO RECEIVE
TELEPHONE CALLS OR E-MAIL FROM THESE LENDERS AND MORTGAGE
BROKERS EVEN IF YOUR PHONE NUMBER AND/OR E-MAIL ADDRESS IS
ON ANY OPT-OUT OR DO NOT CALL LIST.
DO NOT SUBMIT THE FORM IF YOU DO NOT CONSENT TO BEING CALLED
OR E-MAILED BY THE LENDERS OR MORTGAGE BROKERS THAT OBTAIN
YOUR INFORMATION.
Your information form will be forwarded to one or more
lenders or mortgage brokers, who will make certain
disclosures to you. However, the Company (and its
participating lenders and mortgage brokers) does not
guarantee that any lender or mortgage broker will contact
you. Whether a lender or mortgage broker contacts you is
based upon a neutral filtering process determined by the
participating lender and or mortgage broker and administered
by Pioneer Info, Inc.
User promises that all of the information User has provided
on its information form is true and complete. User
authorizes the Company to forward User's information to its
network of participating lenders and mortgage brokers. User
understands that these persons may keep User's information,
whether or not User completes a real estate transaction with
them.
Nothing in the Website constitutes an offer, promise or
otherwise, either to make a specific loan to you or that any
participating lender or mortgage broker will make any loan
for any purpose or on any specific terms. All loan related
decisions are made by the participating lender or mortgage
broker in the course of its normal business operations, and
any applicable loan offerings are made to qualified
applicants in separate loan and related documents which are
required by applicable state and federal laws of the United
States of America. Loans may only be made to residents of
states where participating lenders or mortgage brokers are
licensed and/or authorized to make such loans. By acquiring
your information through the Website, Pioneer Info or its
participating lenders and mortgage brokers are not
attempting to make loans outside their authorized states or
country.
INFORMATION PROVIDED IS FOR EDUCATIONAL PURPOSES ONLY
Independent providers unaffiliated with Pioneer Info have
produced the material available on these sites with us. Any
opinions or recommendations expressed are solely those of
the independent providers and are not the opinions or
recommendations of Pioneer Info. The information obtained by
the independent providers (the "information") is believed to
be reliable. However, the timeliness, sequence, accuracy,
adequacy, or completeness of such information is not
guaranteed.
THE WEBSITE, ITS USE AND THE SERVICES THAT THE WEBSITE
PROVIDES IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED. SPECIFICALLY, THE COMPANY
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 (EVEN IF THE COMPANY IS AWARE OF
THE POSSIBILITY OF DAMAGES). THIS DISCLAIMER OF LIABILITY
APPLIES TO ANY DAMAGES OR INJURY CAUSED FOR ANY REASON,
INCLUDING, BUT NOT LIMITED TO, BY OR AS A RESULT OF 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 RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS
BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
NEITHER THE COMPANY NOR ANY OF ITS STOCKHOLDERS, DIRECTORS,
EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR
CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER
THIRD PARTIES FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE
WEBSITE, ITS USE AND/OR THE SERVICES THAT THE WEBSITE
PROVIDES OR YOUR 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 COMPANY, ITS STOCKHOLDERS,
DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS,
AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO
THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
The information and services offered on this Site are
provided with the understanding that Pioneer Info is not
engaged in rendering legal or other professional services or
advice. Your use of the Site is subject to the additional
disclaimers and caveats that may appear throughout the Site.
Pioneer Info and its agents assume no responsibility for any
consequence relating directly or indirectly to any action or
inaction that you take based on the information, services,
or other material on this Site. While Pioneer Info and its
affiliates strive to keep the information on this Site
accurate, complete, and up-to-date, Pioneer Info and its
affiliates cannot guarantee, and will not be responsible for
any damage or loss related to, the accuracy, completeness,
or timeliness of the information.
SECURITY POLICY
Although Pioneer Info has taken these reasonable and
appropriate measures to ensure that your personal
information is delivered and disclosed only in accordance
with your instructions, Pioneer Info cannot and does not
guarantee that the personal information you provide will not
be intercepted by others and decrypted. Please review our
Privacy Policy at
http://www.pioneerinfo.net for more information on what
data we collect and how your information might be used.
PERSONAL AND NONCOMMERCIAL USE LIMITATION: PROHIBITED USES
You may access, download, and print materials on this Site
for your personal and non-commercial use. You may not
modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from,
frame in another web page, use on any other website,
transfer or sell any information, software, lists of users,
databases or other lists, products or services obtained from
this Site. The foregoing prohibition expressly includes, but
is not limited to, the practices of "screen scraping" or
"database scraping" to obtain lists of users or other
information. If and when requested by Pioneer Info, 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 Pioneer Info you agree
to refrain from accessing or attempting to access password
protected, secure, or nonpublic areas of this Site.
Unauthorized individuals attempting to access prohibited
areas of this Site may be subject to prosecution.
LIABILITY DISCLAIMER
YOU USE THIS SITE AT YOUR OWN RISK.
Pioneer Info intends that the information contained in its
Web site be accurate and reliable; however, errors sometimes
occur. In addition, changes and improvements to the
information provided herein may be made by Pioneer Info at
any time. If your use of this Site or the materials therein
results in the need for servicing or replacing property,
material, equipment, or data, neither Pioneer Info, Inc.
d.b.a. Pioneer Infonor its affiliates are responsible for
those costs.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED
ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. PIONEER INFO INC, ITS AFFILIATES, AND/OR ITS
RESPECTIVE SUPPLIERS MAY WITHOUT PRIOR NOTICE MAKE
IMPROVEMENTS AND/OR CHANGES IN THIS SITE INCLUDING BUT NOT
LIMITED TO THE INFORMATION, SERVICES, PRODUCTS, OR OTHER
MATERIAL AT ANY TIME. ALL INFORMATION, PRODUCTS, AND
SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
IN NO EVENT SHALL PIONEER INFO, INC. ITS AFFILIATES, AND/OR
ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH
THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY
INFORMATION, PRODUCTS, AND/OR SERVICES OBTAINED THROUGH THIS
SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE,
WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR
OTHERWISE, EVEN IF PIONEER INFO INC. ITS AFFILIATES, OR ANY
OF ITS SUPPLIERS 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.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Pioneer
Info, Inc. its affiliates, and suppliers from any liability,
loss, claim, and expense (including attorneys' reasonable
fees) related to your violation of this Agreement.
LINKS TO THIRD PARTY SITES
Outside Links: While on this Website, you may be led to
other websites operated by parties other than Pioneer Info
or its affiliates. Inclusion of hyperlinks by Pioneer Info
to websites does not imply any endorsement of the material
on such websites or any association with their operators,
and your access and use such sites, including information,
material, products, and services therein, solely at your own
risk. We are not responsible for the quality or results or
any product or service provided by these companies. Review
their products and services carefully.
Furthermore, because the Pioneer Info privacy policy is
applicable only when you are on our Site, once linked to
another website, you should read that site's privacy policy
before disclosing any personal information. Their own
privacy policies may be different than ours. We are not
responsible for the use of the information that you give
these third parties.
CHANGES TO AGREEMENT
Pioneer Info may modify this Agreement at any time and such
modifications shall be effective immediately upon posting of
the modified Agreement. Accordingly, you agree to review the
Agreement periodically, and your continued access or use of
this Site shall be deemed your acceptance of the modified
Agreement.
MISCELLANEOUS
This Agreement and the resolution of any dispute related to
this Agreement or this Site shall be governed by and
construed in accordance with the laws of California without
giving effect to any principles of conflicts of law.
Failure by Pioneer Info or its affiliates to insist upon
strict enforcement of any provision of this Agreement shall
not be construed as a waiver of any provision or right.
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 this Site or this Agreement must be filed
within one (1) year after such claim or cause of action
arose or be forever barred.
DISPUTE RESOLUTION
Any claim or controversy arising out of or relating to the
use of Pioneer Info's services, to the goods or services
provided by Pioneer Info, or to any acts or omissions for
which you may contend Pioneer Info 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 Kootenai County, Idaho. 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 Pioneer Info. In any arbitration,
Pioneer Info 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 therefore. Any judgment upon the award
rendered by the arbitrators may be entered in any court of
competent jurisdiction in Kootenai County, Idaho. 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 PIONEER INFO, INC. 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 Pioneer Info'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 Pioneer Info, the parties agree that
jurisdiction over and venue of any suit shall be exclusively
in the state and federal courts sitting in Kootenai County,
Idaho. 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.
HEADINGS
Headings are for reference purposes only and in no way
define, limit, construe or describe the scope or extent of
such action.
ASSIGNMENT
You may not sell, mortgage, assign or otherwise transfer any
of your rights or obligations under this Agreement to any
other person or entity, without the express written consent
of Pioneer Info. Notwithstanding the foregoing, either You
or Pioneer Info may assign its rights and obligations under
this Agreement without consent and without notice to the
other, and both You and Pioneer Info shall accept such
assignment as a innovation, to a successor as a result of a
change in business legal structure, corporate restructuring,
reorganization, merger, consolidation, or acquisition of all
or substantially all of the assigning party's stock or
assets, provided that this Agreement shall be binding upon,
inure to the benefit of and be enforceable by You and
Pioneer Info and their respective successors and assigns.
ENTIRE AGREEMENT
This Agreement constitutes the final, complete, and
exclusive statement of the terms of this Agreement between
the parties pertaining to the subject matter of this
Agreement and supersedes all prior and contemporaneous
understandings or agreements of the parties. No party has
been induced to enter into this Agreement by, nor is any
party relying on, any representation or warranty independent
of those expressly set forth in this Agreement. No direct
benefit is intended to be conferred by this Agreement on any
person not a party to this Agreement and any benefit which
may be actually conferred is purely incidental.
INDEPENDENT COUNSEL
You're establishing of an account opening of any attachments
containing leads via e-mail and/or your use of the Pioneer
Info Website is evidence that you have read and understand
this Terms of Service Agreement as set forth above and that
you have had the opportunity to consult with independent
counsel of your choice prior to establishing your account
and utilizing the services contemplated by this Agreement.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR
RECORDS.
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