Nationwide Mortgages - Lender Terms of Use

By applying for NationwideMortgages.net (the "Service") offered by NationwideMortgages.net, Inc. ("NationwideMortgages.net"), banks, lenders, originators, loan brokers, and their employees participating in the Service (each a "Lender") agree to be bound by the following Lender terms of use ("Terms of Use"). These terms will bind all Lenders and brokers who apply to or participate in the Service.

1. Use of Information. NationwideMortgages.net may use the information in the application to determine, in NationwideMortgages.net's sole discretion, whether to confirm the Lender's participation in the Service. The Lender agrees that NationwideMortgages.net may disclose the application information to its third-party provider(s) who assist in background checks, license confirmations, or other processes involved in the review of applications. NationwideMortgages.net may require a Lender's Social Security number as part of the application. NationwideMortgages.net and its third-party provider(s) will only use that Social Security number for purposes of confirming the Lender's identity. NationwideMortgages.net uses encryption technology when collecting and storing the Lender's Social Security number, and limits access to personnel who have a need to use the number for purposes of the Lender's Service application.
2. Fee. NationwideMortgages.net charges a one-time, non-refundable application fee to cover costs incurred in the application process.
3. Warranty. Lender warrants that all information provided in the Application is true and complete
4. Notice. NationwideMortgages.net will notify Lender via his or her account e-mail when the application decision has been completed.

The Service. NationwideMortgages.net enables borrowers to provide anonymous requests to Lenders for quotes on terms for mortgage-backed loans. Each Lender may elect to provide the borrower with a non-binding customized quote of the terms the Lender would offer to a borrower fitting the anonymous profile, as well as the Lender's contact information. These non-binding quotes are not intended to be Good Faith Estimates. Each request and any submitted quote(s) will be visible to other participants in the Service. The borrower may choose to contact any particular Lender through NationwideMortgages.net Mortgage Marketplace, in which case the Lender agrees to respond promptly to the contact. Any loan or other business conducted is between the Lender and the borrower. Borrowers may provide ratings or other feedback on the Lenders whom they contact after the Lenders respond to their quote requests. Lenders may not rate themselves or other lenders.

1. Lender Responsibility. The Lender is solely responsible for its communication with and services for any borrower in connection with the Service. The Lender agrees not to use the Service in any way that breaches the Good Neighbor Policy, the NationwideMortgages.net Mortgage Marketplace Code of Conduct or any other code of conduct, policy or notice on the Service. Each Lender agrees not to use the Service in any way that is unlawful, or harms NationwideMortgages.net, its service providers, suppliers or any other borrower. The Lender will indemnify NationwideMortgages.net, its officers, directors, employees, and agents from and against any and all claims, demands, costs, liabilities, losses, expenses and damages (including attorneys' fees, costs, and expert witnesses' fees) arising out of or in connection with (i) the Lender's use of the Services, (ii) violation of these Terms of Use, or (iii) any loan, other business, or other communication by the Lender with borrowers of the Service.
2. Compliance with Laws. The Lender will comply with all applicable federal and state laws and regulations in its application and in any business operations conducted pursuant to these Terms of Use. The Lender shall ensure that the Lender and all of its business associates conducting business related to the Service is in compliance with all federal, state or other laws or regulations applicable to them in their professional capacities as mortgage bankers, mortgage brokers, or any other regulated field or occupation, except as promptly disclosed to NationwideMortgages.net. The Lender will only operate in, and respond to quote requests from, jurisdictions where the Lender is licensed or otherwise authorized to operate by applicable law. Each Lender will cooperate with NationwideMortgages.net to investigate or enforce these Terms of Use, the Code of Conduct, and applicable laws and regulations, and with any inquiry or investigation by regulators or law enforcement officials related to the Service.
3. The Role of NationwideMortgages.net; Disclaimer. NationwideMortgages.net has not confirmed any information in any request for quote, any information about the borrower submitting a request, or any information in a borrower rating or feedback about any Lender. NationwideMortgages.net is not a lender and does not make loans or credit decisions in connection with loans. NationwideMortgages.net does not endorse or recommend any borrower or the products of any particular Lender. NationwideMortgages.net does not guarantee information provided by any borrower, any specific loan terms and conditions offered by a Lender, or that a borrower will be offered any type of loan by any Lender. NationwideMortgages.net is not an agent of either the borrower or any Lender. NationwideMortgages.net is only providing an administrative service to borrowers and Lenders. NationwideMortgages.net assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that the Lender takes based on the Service and any other information or other material on the Service.
4. Interruption or Discontinuance. NationwideMortgages.net may interrupt a Lenders participation in the Service or discontinue the Service at any time. Any Lender may cease to provide loan quotes at any time.

Fees to NationwideMortgages.net. In addition to the one-time application fee as described in Section 1.b above, Lenders pay NationwideMortgages.net for advertising within the Service as follows:

1. Fees Do Not Depend on Loan Funding. NationwideMortgages.net does not participate in any loan, and does not receive any fee that depends on which particular Lender a given borrower may choose to borrow from.
2. Free to Borrower. Use of NationwideMortgages.net Mortgage Marketplace is free to the borrower.
3. Additional Terms. Nothing in these Lender Terms may obligate NationwideMortgages.net to extend credit to any party. The Lender acknowledges and agrees that any credit card and related billing and payment information that the Lender provides to NationwideMortgages.net may be shared by NationwideMortgages.net with NationwideMortgages.net service providers, such as payment processors. NationwideMortgages.net may also provide information in response to valid legal process, or to establish or exercise its legal rights or defend against legal claims. NationwideMortgages.net shall not be liable for any use or disclosure of such information by such third parties.

NationwideMortgages.net grants the Lender a personal, nontransferable, nonexclusive license to use the Service as provided in these Terms of Use. The Lender may copy materials from the Service only to provide services to borrowers who contact the Lender through the Service. The Lender agrees otherwise not to reproduce, modify, distribute, decompile, disassemble or reverse engineer any portion of the Service.

Quotes and Other Materials Provided by the Lender; Account Use; Privacy. For quotes submitted by a Lender or other materials the Lender provides to NationwideMortgages.net in connection with the Service (a "Submission"), the Lender grants NationwideMortgages.net an irrevocable, perpetual, worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, and translate the Submission, in connection with the Service, NationwideMortgages.net or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law. NationwideMortgages.net will not pay the Lender in connection with any Submission. NationwideMortgages.net may remove a Submission at any time. For each Submission, the Lender represents and warrants that the Lender has all rights necessary to grant NationwideMortgages.net the rights in this paragraph and that the Submission complies with Section 2 above. Each NationwideMortgages.net account is personal to the Lender, and the Lender may not share the account with others. The Lender is responsible for all actions taken via the Lender's account. NationwideMortgages.net will treat use of the Services in accordance with its Privacy Policy.

Changes. NationwideMortgages.net reserves the right to change the Terms of Use, and each Lender is responsible for regularly reviewing these Terms of Use. The Lender's continued use of the Service after the effective date of such changes will constitute acceptance of and agreement to any such changes. If the Lender does not agree with the updated Terms of Use, the Lender should discontinue use of the Service.

Intellectual Property. The Service is the property of NationwideMortgages.net, and subject to the intellectual property rights of NationwideMortgages.net and its licensors. 2013 NationwideMortgages.net, Inc. All rights reserved.

NO WARRANTY. NATIONWIDEMORTGAGES.NET PROVIDES THE SERVICE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH THE LENDER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NATIONWIDEMORTGAGES.NET AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. NATIONWIDEMORTGAGES.NET AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.

LIABILITY LIMITATION; EXCLUSIVE REMEDY. IN NO EVENT WILL NATIONWIDEMORTGAGES.NET OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR THE LENDER'S USE OF THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF LENDER'S EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF LENDER DOES NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR THE LENDER HAS ANY DISPUTE OR CLAIM AGAINST NATIONWIDEMORTGAGES.NET OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICE, THEN THE LENDER'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND RECEIVE A REFUND OF ANY UNUSED ADVERTISING FEES.

Choice of Law; Disputes. These Terms of Use are governed by the laws of the State of Washington, without giving effect to its conflict of law's provisions. The Lender agrees to submit to exclusive jurisdiction and venue in the state and federal courts sitting in King County, Washington for any and all disputes, claims and actions arising from or in connection with the Service and/or these Terms of Use. In any dispute arising under these Terms of Use, the prevailing party will be entitled to attorneys' fees and expenses.

General. The Lender agrees not to export from anywhere any part of the Service provided to the Lender or any direct product thereof except in compliance with and with all licenses and approvals required under, applicable export laws, rules and regulations. All Service used by the U.S. Government are provided with the commercial license rights described herein. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. NationwideMortgages.net may assign these Terms of Use, in whole or in part, at any time with or without notice to the Lender. The Lender may not assign these Terms of Use, or assign, transfer or sublicense the Lender's rights, if any, in the Service. NationwideMortgages.net's failure to act with respect to a breach by the Lender or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use constitute the entire agreement between the Lender and NationwideMortgages.net with respect to the Service and supersede all prior or contemporaneous communications of any kind between the Lender and NationwideMortgages.net with respect to the Service. Lender's use of other NationwideMortgages.net services besides the Service are governed by the NationwideMortgages.net Terms of Use.

Filling out this form puts you under no obligations. By clicking "Submit" I am consenting to have my info shared one to four lenders, brokers and other business affiliates and for them to contact you (including through automated means; e.g. autodialing, text and pre-recorded messaging) via telephone, mobile device (including SMS and MMS) and/or email, even if your telephone number is currently listed on any state, federal or corporate Do Not Call list.

� Updated October 2013