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7/25/17 Terms of Use Agreement

Recitals

WHEREAS, Mortgage Professional (or "Licensee", or "you") desires to become an authorized user of the LoanSifter Web Site (the "Site," as later supplemented, modified, approved or replaced) for the purpose of facilitating its sale of mortgage loan products and other mortgage related products and services offered by mortgage lenders, or for purposes of research;

WHEREAS, the parties desire to supplement any other agreements currently in effect between the parties through the terms of this Terms of Use Agreement (the "Agreement") with regard to the use of the Site and all information contained therein;

NOW, THEREFORE, in consideration of your use of the Site, and other good and valuable consideration, the receipt and sufficiency of which you hereby acknowledge, you hereby agree as a user or visitor of the Site as follows.

Conditions

Use of the Site is intended for use by mortgage professionals only. Use of the Site by any other party is strictly prohibited without explicit consent from LoanSifter. LoanSifter attempts to evaluate the underwriting guidelines and rate sheets of individual mortgage lenders for use by mortgage professionals to aid in their loan research process. LoanSifter makes no guarantees as to the accuracy of its interpretation of these underwriting guidelines or rates, and cannot assure the integrity of any lender contained on our system. Further, no third party content provider to LoanSifter or the Site ("Third Party Content Provider") guarantees the accuracy of the content such party provides.

THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINIONS OF LOANSIFTER OR ANY THIRD PARTY CONTENT PROVIDER. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED BY LOANSIFTER OR ANY THIRD PARTY CONTENT PROVIDER TO BE COMPLETE, CORRECT OR UP-TO-DATE. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS IN THIS SITE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

NEITHER LOANSIFTER OR ANY THIRD PARTY CONTENT PROVIDER MAKES ANY REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. LOANSIFTER AND EACH OF ITS THIRD PARTY CONTENT PROVIDERS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND -NON-INFRINGEMENT. NEITHER LOANSIFTER OR ANY THIRD PARTY CONTENT PROVIDER SHALL HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER LOANSIFTER, ANY THIRD PARTY CONTENT PROVIDERS, OR THEIR DIRECTORS, OFFICERS, AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF LOANSIFTER OR ANY THIRD PARTY CONTENT PROVIDER IS ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Copyrights

This Site and the materials within it are © 2004-2012 LoanSifter, Inc. or the applicable Third Party Content Provider. You acknowledge that the Site contains information, content, software, graphics, links and other material that are protected by copyright, trademark or other proprietary rights of LoanSifter or the applicable Third Party Content Provider. Viewing this Site creates a copy of LoanSifter materials in your computer's random access memory and/or in your hard drive and/or in your proxy server.

Acceptance

By clicking "ACCEPT", Licensee indicates that it has read and understood, and assents to be bound by, the terms of this Agreement. If the person clicking on the "ACCEPT" button is an individual working for Licensee ("Agent"), such person is agreeing to the terms and conditions of this Agreement on behalf of Licensee and certifies that he/she is an Agent of Licensee and has all necessary authority to act on Licensee's behalf, including to bind Licensee to the terms and conditions of this Agreement.

If Licensee does not agree to the terms of the Agreement, Licensee is not granted any rights whatsoever in the Site. If Licensee is not willing to be bound by these terms and conditions, Licensee should not click on the "ACCEPT" button, and may not access or otherwise use the Site.

Access to and use of the Site is licensed on a monthly or yearly subscription basis, as selected by Licensee or its agent. Access to the Site will begin (i) after your acceptance of this Agreement and after LoanSifter receives and processes all the information, including the credit card or debit card information requested by the start-up interview form. Licensee or its agent completing the start-up interview form must have a valid U.S. credit card (Visa, MasterCard, AMEX, Discover) or a valid U.S. debit card (with a Visa or MasterCard logo) to cover the electronic debit of the subscription fee to obtain access to the Site. The payment information Licensee or its agent provides must be accurate and complete, and Licensee agrees to notify us promptly of any change in the payment information. When Licensee subscribes and provides payment information, Licensee's or its Agent's (as applicable) Card or bank account will be debited, and will be automatically re-debited at the beginning of each applicable subscription term ("Renewal Term") at the then-current subscription rate to maintain access to the Site.

Termination

I understand to cancel, I must do so online, (ADMIN > Edit User > Cancel / Suspend) prior to the beginning of the Renewal Term. Pro-rated amounts are not issued for the current month of a discontinued service. Cancellation via email or telephone is not accepted, the user must cancel on line. Licensee's rights to use the Site may be terminated by LoanSifter immediately and without notice if LoanSifter is unable to debit Licensee's or its agent's Card in accordance with this Agreement.

Use License

LoanSifter, Inc. ("LoanSifter") grants you permission to view this Site and to print individual pages from this Site for your own use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this Agreement. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, content, software, products or services from this Site without the explicit consent of LoanSifter or the applicable Third Party Content Provider.

One license is required for each person accessing the Site. Sharing of accounts is not allowed. To ensure that your account is protected from access by non-licensed users we have instituted a system Lockout policy that is strictly enforced. Attempts at dual access will result in the account being locked with escalating lockout periods for subsequent lock outs. The first five lockouts are set for 30 minutes and can be unlocked by LoanSifter Technical Support. After five lockouts, the escalation of lockout periods begins, and the system cannot be unlocked by LoanSifter Technical Support. Licensee must properly sign out from the Site and protect their access credentials to avoid dual access attempts.

Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to LoanSifter and each Third Party Content Provider that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. Other than this agreement and written agreements between you and LoanSifter relating to the sale of products or services to you through this Site, LoanSifter will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.

This Site may contain links to Sites owned or operated by parties other than LoanSifter. Such links are provided for your reference only. LoanSifter does not control outside Sites and is not responsible for their content. LoanSifter's inclusion of links to an outside Site does not imply any endorsement of the material on the Site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does LoanSifter's inclusion of the links imply that LoanSifter is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked Site.

Contacting Us

If you have any questions about this Agreement, please call us at 920.268.4770, log on to www.LoanSifter.com/contactus.aspx, or write us at:

LoanSifter, Inc.
2500 E. Enterprise Ave
Appleton, WI 54913:

Although LoanSifter will in most circumstances be able to receive your e-mail or other information provided through this Site (including, without limitation, service requests and other submissions), LoanSifter does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that Internet e-mail typically is not secure.

General

LoanSifter reserves the right to deny a subscription to the Site for any reason.

You agree that this Agreement and your use of this Site are governed by the laws of the State of Wisconsin, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Appleton, WI, USA in all disputes (a) arising out of, relating to, or concerning this Site and/or this Agreement, (b) in which this Site and/or this Agreement is an issue or a material fact, or (c) in which this Site and/or this Agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this Agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. LoanSifter has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this Agreement is at your own risk and, if any part of this Agreement is invalid or unenforceable under applicable law, 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 govern such use.

With the prior agreement of LoanSifter or the applicable Third Party Content Provider, any claim, dispute or controversy arising out of, relating to or concerning this Site and/or this Agreement shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held in Appleton, WI USA. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.

You agree that LoanSifter may at any time and without notice change the terms, conditions and notices under which this Site is offered.

You agree that no joint venture, partnership, employment or agency relationship exists between you and LoanSifter as a result of this Agreement or your use of this Site.

LoanSifter's performance of this Agreement is subject to existing laws and legal process and nothing contained in this Agreement is in derogation of LoanSifter's right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by LoanSifter with respect to such use.

This Agreement, in addition to the Privacy and Security Statement constitute the entire agreement between you and LoanSifter with respect to this Site. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and LoanSifter with respect to this Site. No modification of this Agreement shall be effective unless it is authored by LoanSifter, unless it is physically signed in blue ink by a LoanSifter officer. Any alleged waiver of any breach of this Agreement shall not be deemed to be a waiver of any future breach. A printed version of this Agreement and/or of any notice given by LoanSifter in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or your use of this Site to the same. Each Third Party Content Provider is an intended third party beneficiary of this Agreement.
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