User Agreement

Pickamortgage.com offers you, the "User," services that are conditioned on your acceptance of the terms contained in this agreement and your acceptance of these terms without modification, conditions, and notices. Your use of Pickamortgage.com services constitutes your agreement to all such terms, conditions, and notices.
Pickamortgage.com reserves the right to modify in its sole discretion this agreement and or the Pickamortgage.com web site without providing notification. You are responsible for regularly reviewing the Agreement.

Please do not visit or use any of the Pickamortgage.com web sites or any page that is part of the Pickamortgage.com web site if you do not wish to be bound by these terms of use.

Pickamortgage.com has taken reasonable and appropriate measures to deliver and disclose your personal information only in accordance with your instructions, but cannot and does not guarantee that others will not intercept your personal information you provide. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Pickamortgage.com web site.

By submitting a completed form, you have agreed to have your information sent to and receive telephone calls, emails, and/or mail from up to four participating lenders and mortgage brokers even if you are currently on a Do Not Call List or an opt-out email list as well as agree to the website disclaimers. You are submitting the form for personal use. You do not work for a mortgage or lead company. You agree to the disclaimers, user agreement and privacy policy.

By submitting a completed information sheet, you certify under penalty of perjury that you will use the information requested for your personal use or for the personal use of a relative or close friend only for obtaining information for your mortgage needs, and that you will not use such information for the professional or monetary gain of yourself or any other person or entity in any manner whatsoever that goes beyond the need for obtaining information for your mortgage needs. If you are, or within 6 months of the date of this request will be, a mortgage or real estate or lead professional or licensed in any capacity with regard to the mortgage or real estate or business, you hereby authorize reports concerning your unethical conduct in requesting this information to be sent to any governmental or industry entity(ies) responsible for or interested in regulating the conduct of persons engaging in that business and hereby bind my employer, and also agree to be personally responsible, for the reasonable value of the information obtained as well as for reasonable attorneys fees and disbursements incurred in collecting it.

Your information may be provided to more than four mortgage professionals in certain situations. These situations include but are not limited to when a mortgage lender or broker return your information for having contacted you in the past or recently received your information directly from you or another source as well as believed wrong contact information had been provided. Mortgage lenders or brokers may update us with the request to return the information quickly or at a later date that could be more than thirty days from completing the information sheet. As such, your information may be provided to another mortgage lender or broker at that time any of the up to four original mortgage lenders or brokers returned the information sheet. There is also the expectation for a certain number of requests by lenders and mortgage brokers to return a number of information sheets at a term longer then when the consumer may potentially plan to gather and act on mortgage information. At the time of submission and/or at a later date, a number of information sheets may be matched and then provided to more than the four original mortgage lenders and brokers to equate to the anticipated number of information sheets typically returned in the future as a result of the above and other situations.

You agree to provide true, complete and accurate information on your request form that mortgage professionals may keep, whether or not you qualified for their loan. You also agree to refrain from impersonating or falsely representing your affiliation with any person or entity.

-Pickamortgage.com is not a lender or mortgage professional.
-Pickamortgage.com does not make loans or related credit decisions.
-Pickamortgage.com does not endorse or recommend products of any particular Lender or mortgage professional.
-Pickamortgage.com is not an agent of you, the User, or any participating Lender or mortgage professional.

Pickamortgage.com services are administrative only. You should decide for yourself which loan product is best for you financially and personally. You agree that the mortgage professional is solely responsible for its services to you. You also agree that Pickamortgage.com shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such services.

Lenders and mortgage professionals can offer their products as per licensing requirements by state. Pickamortgage.com does not guarantee acceptance of the User into any loan program. Pickamortgage.com does not guarantee specific loan terms and does not guarantee conditions with any participating Lender or mortgage professional. The User understands that an individual Lender establishes and maintains loan approval standards. Pickamortgage.com does not guarantee that any of the participating lenders mortgage professionals participating on this web site offer the best terms or lowest rates available in the market.

The User understands that Pickamortgage.com or any related material contained herein shall not constitute an offer or promise for a loan commitment or interest rate. Pickamortgage.com does not charge you, the User, a fee to use our service. Mortgage professionals and lenders pay Pickamortgage.com for the goods, facilities and services provided. Your use of Pickamortgage.com services constitutes your agreement with this compensation arrangement.

Copyright and trademark notices
All contents of this Web site are: Copyright © 2003-2004 Pickamortage.com. All rights reserved.

Disclaimers and limitations
Pickamortgage.com intends to have accurate and reliable information contained in its web site; however, errors may occur. In addition, Pickamortgage.com may change and improve the information provided herein at any time. The web site and the information, products and services are “As Is.” Pickamortgage.com disclaims any warranty of any kind, whether expressed or implied, as to any matter whatsoever relating to the web site and any information, products, and services provided herein, including without limitation the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement use of Pickamortgage.com’s services at your own risk. Use of Pickamortgage.com’s services is at your own risk. Pickamortgage.com is not liable for any direct, indirect, punitive, incidental, special or consequential damages or other injury arising out of or in any way connected with the use of Pickamortgage.com’s services or with the delay or inability to use the web site or for any information products or services obtained from the use of the web site, whether resulting in whole or in part, from breach of contract, tortuous behavior, negligence, strict liability or otherwise, even if Pickamortgage.com and/or its suppliers had been advised of the possibility of damages. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Indemnity
As a condition of use of this web site, you agree to indemnify Pickamortgage.com and its suppliers, affiliates, executives, employees, participating Lenders, or other related marketing and mortgage professionals from any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of Pickamortgage.com’s services, including without limitation any claims alleging facts that if true would constitute a breach by you of this agreement.

Errors and delays
Pickamortgage.com is not responsible for any errors or delays in responding to a qualification form or referral form caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control.

Dispute resolution
Any claim or controversy arising out of or relating to the use of Pickamortgage.com’s services, to the goods or services provided by Pickamortgage.com, or to any acts or omissions for which you may contend Pickamortgage.com is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by an arbitration venue in Miami Dade County, Florida. 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 Pickamortgage.com. In any arbitration, Pickamortgage.com 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 Miami Dade County, Florida. 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 PICKAMORTGAGE.COM 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 Pickamortgage.com’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 Pickamortgage.com, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Miami Dade County, Florida. 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.

Other terms
This Agreement constitutes the entire agreement between you and Pickamortgage.com and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Pickamortgage.com with respect to the web site and information, products and services associated with it. This Agreement shall be subject to and construed in accordance with the laws of the State of Florida, excluding its conflict of laws principles. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then 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 continue in effect. 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. All rights not expressly granted herein are reserved.