PCLender - Terms of Us

The PCLender.com Sales Web Site (the "Site") is an online information service provided by PCLender.com, Incorporated ("PCLender.com"), subject to your compliance with the terms and conditions set forth below.

Please read the following information carefully before using this Site. By accessing or using this Site, you agree to be bound by these Terms of Use. If you do not agree with any of the below Terms of Use, do not use this Site. PCLender.com reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time and by continuing to use the Site after the posting of a modification, you accept the modification.

The terms and conditions herein apply to PCLender.com Corporation, its parent companies, subsidiaries, affiliates, and divisions, all of which are referred to herein as "PCLender.com". The terms and conditions herein are in addition to, and do not override, the specific terms and conditions that apply to the products or services offered by PCLender.com.

Nothing in this Site shall be construed as creating any warranty or other obligation on the part of PCLender.com. The terms and conditions applicable to any PCLender.com product or service are contained in the specific agreement(s) relating to such product or service.

Disclaimer of Warranties and Liability

Information offered on this Site is provided "as is" without any express or implied warranty of any kind, including warranties of merchantability, fitness for a particular purpose, or non-infringement. In no event will PCLender.com be liable to any party for any damages of any kind, including but not limited to direct, indirect, special or consequential damages for any use of this Site or any linked site including, without limitation, lost profits, loss of use, business interruption, loss of programs or other data, whether in an action based on contract, negligence or other tortuous action, even if PCLender.com is expressly advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of warranties or damages in certain types of agreements, so the above exclusions or limitations may not apply to you. In no event will PCLender.com warrant or guaranty the correctness, comprehensiveness, completeness, accuracy, timeliness, merchantability or fitness for any particular use or purpose of any information or any products or services featured on this Site.

Comments, suggestions, ideas or materials (including without limitation original or creative materials) sent or transmitted to PCLender.com (collectively "Feedback") shall be deemed to be non-confidential and shall become the sole property of PCLender.com. Subject to the conditions described on the privacy page of this Site, PCLender.com shall have no obligation of any kind with respect to such Feedback and shall be free to use, copy, modify and/or distribute the Feedback to others without limitation for any purpose, commercial or otherwise, without compensation or acknowledgement to you, including, but not limited to developing and marketing products incorporating such Feedback.

Copyright Information

You are granted a limited, non-exclusive right to create a hypertext link to this Site provided that such link (i) does not portray PCLender.com and/or its affiliates or any of their respective products and services in a false, misleading, derogatory or otherwise defamatory manner; and (ii) does not imply any sponsorship, approval, endorsement or affiliation of your web site or products by PCLender.com. This limited linking right may be revoked at any time. You may not modify or alter the appearance or content of the home page or Site, or use framing techniques to enclose any PCLender.com trademark, logo or other proprietary information, including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page without PCLender.com's express written consent. To obtain consent, please email your request to operations@pclender.com or send regular mail to Internet Manager; PCLender.com; P.O. Box 1580; Hockessin, DE 19707-1580; USA. You are granted only a limited license and nothing herein shall grant to you any rights in or to (i) any PCLender.com Marks; (ii) the content of the Site; nor (iii) any other intellectual property or proprietary rights of PCLender.com.

PCLender.com makes no representations, warranties or endorsements with respect to any non-PCLender.com web site which may be accessed from this Site. When you access a non-PCLender.com web site, please understand that PCLender.com has no control over the content or information at that site. It is your responsibility to protect your system from such items as viruses, worms, Trojan horses and other destructive items.

Special Admonition for International

Use Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Jurisdictional Issues

This Site is controlled and operated by PCLender.com through its corporate headquarters within the State of Delaware and this Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Delaware, as it is applied to agreements entered into and to be performed entirely within such State. You agree that any legal action or proceeding between PCLender.com and you for any purpose concerning this Site or the parties' obligations hereunder shall be brought exclusively in the U.S. District Court for Hockessin, Delaware or state court of competent jurisdiction sitting in New Castle County, State of Delaware.

You agree to indemnify, defend and hold harmless PCLender.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use.

This Site is for informational purposes only and is not intended to provide any financial, legal, or investment advice. Some of the information on this Site may contain certain forward-looking statements within the meaning of the "safe harbor" provisions of the Private Securities Litigation Reform Act of 1995 regarding events and trends that may affect PCLender.com's future results. Such statements are subject to risks and uncertainties that could cause PCLender.com's actual results to differ materially. Such factors include, but are not limited to, PCLender.com's ability to recruit and maintain key technical and managerial personnel, the maintenance of its existing relationships with key alliance partners, regulatory changes applicable to the use of consumer credit and other data, its ability to continue to develop new and enhanced products and services, competition, market demand and other factors described in PCLender.com's reports filed.

No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or other provisions hereof. All waivers must be in writing. If any court of competent jurisdiction finds any part or provision of these Terms of Use to be invalid or unenforceable, such findings shall have no effect on any other part or provision of these Terms of Use.

Any action against PCLender.com must be brought within six (6) months after the cause of action arises. PCLender.com is not responsible for delay or failure to perform due to causes beyond its reasonable control.

Any rights not expressly granted herein are reserved.

Trademark Rights

PCLender.com©, the PCLender.com Logo and the PCLender.com product and service names referenced in this Site ("PCLender.com Marks") are trademarks and service marks or registered trademarks and service marks of PCLender.com. Your use of the PCLender.com Marks is governed by the PCLender.com Third-Party Trademark and Logo Usage Requirements. Other products and company names mentioned on the Site may be the trademarks of their respective owners.

PCLender.com Logos and Stylized Marks

You should never use PCLender.com logos or stylizations of PCLender.com Marks unless you have a license agreement or other explicit written permission from PCLender.com to do so.

Proper Use of Trademark Symbols

Always use the proper trademark symbol (TM, sm, or ®) immediately following at least the first reference to the trademark on any page.

The exception to the above rule is when the "PCLender.com" name is used as our company name, as opposed to an identifier of one of our products or services. In this case you should not use the ® symbol.

Note the correct spelling of "PCLender.com" (not PCLender).

Examples of Correct Uses of Some PCLender.com Marks

Collateral Logo Usage & Guidelines

The following examples illustrate the correct use of ™, (sm), or ® and the use of the trademark as an adjective with the correct generic noun or phrase:

PCLender.com™ products and services

PCLender.com™, The Total Mortgage Solution™

Acknowledgment of Trademark Rights

Assuming your use of a PCLender.com trademark is permitted, you should always acknowledge that PCLender.com Corporation owns the trademark. If it is not clear from the context of the use of the PCLender.com Mark (e.g., PCLender.com's The Total Mortgage Solution™), you should include a separate acknowledgment. The acknowledgment should appear in legible type in any materials in which a PCLender.com Mark appears.

"PCLender.com and [Insert PCLender.com Marks used] are trademarks and/or registered trademarks of PCLender.com Incorporated."

Materials that mention PCLender.com only: "PCLender.com is a trademark of PCLender.com Incorporated."

Remember that the inclusion of a trademark symbol and acknowledgment does not turn an improper use of a PCLender.com Mark into a proper use or entitle you to use any PCLender.com Mark in a way prohibited by law or otherwise not allowed under these Usage Requirements.

Do not use any PCLender.com Mark, and do not adopt a "look and feel" with respect to any publication or Web site, in a way that might cause confusion about the relationship between PCLender.com and any other party or any non-PCLender.com product or service (e.g., as to source, origin, sponsorship, or endorsement).

Do not incorporate any PCLender.com Mark into your own product names, service names, trademarks, logos, or company names, and do not adopt marks or logos that are confusingly similar to any PCLender.com Marks.

Do not use or reproduce any PCLender.com logos unless you have explicit written permission to do so.

Do not use any PCLender.com Marks as a meta tag for your web pages.

Do not use any PCLender.com Mark or any confusingly similar words as your domain names or as parts of your domain names.

Do not use any PCLender.com Mark or any confusingly similar words as the alphabetic equivalent of a phone number (e.g., 1-800-PCL-ENDER).

Do not use PCLender.com Marks as Internet search "keywords" or in any other way that is intended to or has the effect of directing traffic to a non-PCLender.com Web site.

Do not state or imply that you have or are claiming rights in any PCLender.com Mark.

Do not use PCLender.com Marks in any improper way that would disparage PCLender.com Corporation, its subsidiaries, its products, or its services (i.e., unfair competition, false or misleading, etc.).

Any questions regarding these Usage Requirements should be directed to operations@pclender.com.

Version and Right to Make Changes

These Trademark and Logo Usage Requirements were posted on July 15, 2004. PCLender.com reserves the right to change these Usage Requirements at any time by posting a revised version on this Web site.

PCLender.com Trademarks List

Trademarks in the United States and/or Other Countries

The Total Mortgage Solution™

Standard Trademark Language

All materials using PCLender.com trademarks must cite that these marks belong to PCLender.com Incorporated. Standard lines for all geographic markets would read:

Materials that mention PCLender.com only: PCLender.com is a registered trademark of PCLender.com Incorporated.

Materials that mention PCLender.com and trademarked products/services:

PCLender.com and [insert list of all other PCLender.com trademarks referred to] are trademarks or registered trademarks of PCLender.com Corporation.

Questions about PCLender.com trademarks and their usage may be referred to operations@pclender.com.