Last Updated: October 1, 2017
READ THIS TERMS OF SERVICE AND USE AGREEMENT BEFORE ACCESSING modernlendingsolutions.com.
Welcome to modernlendingsolutions.com (referred to as “modernlendingsolutions.com”, “Web site”, “site”, “we”, “us”, or “our”). Access to and use of this site is provided subject to the following terms and conditions:
PLEASE READ THIS TERMS OF SERVICE AND USE AGREEMENT (“AGREEMENT”) CAREFULLY. YOUR USE OF THIS SITE, THE PRODUCTS AND SERVICES PROVIDED THROUGH OR IN CONNECTION WITH modernlendingsolutions.com CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.
BY ACCESSING OR USING ANY PART OF THE WEBSITE OR ITS PRODUCTS AND SERVICES (COLLECTIVELY, “SERVICES” OR “SERVICE”), YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THE ALL OF TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY CEASE ALL USAGE OF THIS WEB SITE OR THESE PRODUCTS AND SERVICES.
We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted at on this site. Your continued use of the Service after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. NATURE OF SITE; CONSENT TO BE CONTACTED.
modernlendingsolutions.com and its affiliates, business partners, and/or licensors provide a service that allows you to input your information once and receive quotes or calls from one or more people/organizations. You understand and agree that if you request a product or service, such as a loan, or any other service relating to finance offered through the Service, modernlendingsolutions.com will share your information with certain business partners and/or unrelated third-party companies to process and fulfill your request.
You further agree that by submitting information to modernlendingsolutions.com, you consent to allow business partners and third-party companies to contact you by telephone, email or mail, even if you have opted into the National Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List, the internal Do Not Call List of a company, or any other Do Not Call List.
You understand that modernlendingsolutions.com business partners and unrelated third-party companies may maintain the information you submitted to modernlendingsolutions.com whether you elect to use their services or not. In the event you no longer want to receive communications from such a company, you agree to notify them directly.
2. IMPORTANT INFORMATION.
modernlendingsolutions.com does not provide any type of loan, financing, credit card services, or financial services or advice. modernlendingsolutions.com and its affiliates, business partners, and/or licensors help you locate unrelated third-party financial companies and service providers. modernlendingsolutions.com makes no representations or warranties concerning the qualifications or performance of these third-party companies. The information and locator services provided by modernlendingsolutions.com may not be suitable for your needs. Each service provider has its own eligibility requirements, terms and conditions, and fees for their services. Not all services are provided in all states.
3. USER OBLIGATIONS.
By installing, accessing, and using this Website, you represent that you are at least eighteen (18) years of age and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on this Website, including, without limitation, when you use Services provided. If you provide any false, inaccurate, untrue, or incomplete information, modernlendingsolutions.com reserves the right to terminate your access and use of this Website. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of this Website and agree not to interfere with the use and enjoyment of this Website by other users and modernlendingsolutions.com’s operation or management of this Website. Moreover, you agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or representative of modernlendingsolutions.com, when using this Website.
4. DISCLAIMER REGARDING ACCURACY OF THIRD-PARTY INFORMATION.
modernlendingsolutions.com makes no warranties or representations whatsoever with regard to any product or service provided or offered by any third-party company, and you acknowledge that any reliance on representations and warranties provided by any third-party company shall be at your own risk.
5. PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS.
All programs, software, products, information, documentation, and information contained on or available through the Website, unless otherwise indicated, are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, modernlendingsolutions.com does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, unauthorized use of this Website may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes.
This Website is Copyright © 2017 Zero Parallel LLC and/or its licensors. All rights reserved. modernlendingsolutions.com also owns a copyright in the contents of the Website as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of this Website. Any software and other downloadable or printable programs, information, video or materials available through this Website and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by modernlendingsolutions.com.
This Agreement provides you, a User, with a personal, revocable, limited, non-exclusive, nontransferable license to use this Website conditioned on your continued compliance with the terms and conditions of this Agreement. You may print and download materials and information from this Website solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. This Agreement is a license and not an assignment or sale. Any rights granted hereby are licensed and not sold or otherwise transferred to you. You expressly acknowledge and agree that modernlendingsolutions.com transfers no ownership or intellectual property interest in and to the Website to you or anyone else.
Notwithstanding the foregoing, you may not modify, alter, translate, decompile, create derivative work(s), copy, distribute, disassemble, broadcast, transmit, reproduce, publish, remove or alter any proprietary notices or labels, license, transfer, sell, mirror, frame, exploit, rent, lease, grant a security interest in, transfer any right(s) in, or otherwise use in any manner not expressly permitted herein the Web site.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, OR MATERIALS PROVIDED BY modernlendingsolutions.com TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
6. ENFORCING SECURITY ON THE SITE.
Actual or attempted unauthorized use of the Website may result in criminal and/or civil prosecution. modernlendingsolutions.com reserves the right to view, monitor, and record activity on the Website without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Website. modernlendingsolutions.com will also comply with all court orders involving requests for such information.
7. DISCLOSURE OF YOUR INFORMATION.
You acknowledge, consent and agree that tcaloans.com may access, preserve, and disclose the information we collect about you if required to do so by law or in good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process and respond to governmental investigations; (ii) enforce the Agreement; (iii) respond to claims that any information, services, or content violated the rights of the third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of modernlendingsolutions.com, its users and the public.
GRAMM-LEACH-BLILEY ACT NOTICE
You have the right to opt-out of the verification and authentication process described in this section. To opt-out, please email firstname.lastname@example.org with your name and email address.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
modernlendingsolutions.com DOES NOT EVALUATE ANY COMPANY, ORGANIZATION, OR INDIVIDUAL, OR THEIR RESPECTIVE OFFERS, THAT ARE ACCESSIBLE THROUGH THIS WEBSITE. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER, NOR ARE WE LIABLE FOR DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING IN CONNECTION WITH RESPECT TO THE CONTENT OF THE SERVICE, THE WEBSITE, PROGRAMS, THIRD-PARTY COMPANIES, SERVICES OR ANY PRODUCTS ACCESSED THROUGH THIS WEBSITE. ANY FINANCIAL OR OTHER RELATIONSHIP ENTERED INTO BETWEEN YOU AND ANY THIRD-PARTY THAT AROSE FROM INFORMATION RECEIVED OR ACCESSED THROUGH THIS WEBSITE OR modernlendingsolutions.com IS SOLELY BETWEEN YOU AND THE THIRD-PARTY. modernlendingsolutions.com IS NOT A PARTY TO YOUR AGREEMENTS AND YOU ASSUME SOLE LIABILITY FOR ANY SUCH AGREEMENTS.
THE WEBSITE, INCLUDING ALL CONTENT AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, modernlendingsolutions.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. modernlendingsolutions.com DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR SERVICES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
modernlendingsolutions.com SHALL NOT BE LIABLE FOR THE USE OF THIS WEBSITE, INCLUDING ALL CONTENT AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, OR FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
IN NO EVENT WILL modernlendingsolutions.com BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF OPPORTUNITIES, COSTS OF COVER, LOSS OF REVENUE, LOSS OF USE, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATED TO THIS WEB SITE, ITS SERVICES, OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH 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. Notwithstanding the foregoing, total liability for modernlendingsolutions.com for any reason whatsoever related to use of this site shall not exceed the total amount paid by you to modernlendingsolutions.com in connection with the subject matter of the particular dispute.
You agree to indemnify and hold modernlendingsolutions.com, its affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third-party due to or arising from your use of the modernlendingsolutions.com services or connection to the modernlendingsolutions.com Website or your violation of this Agreement, or arising from your violation of any rights of a third-party, or other user of the Service using your computer, or of any intellectual property or any other right of any person or entity.
10. MODIFICATIONS AND INTERRUPTION TO SERVICE AND WEBSITE.
modernlendingsolutions.com reserves the right to modify or discontinue the Service or site with or without notice to you. modernlendingsolutions.com shall not be liable to you or any third-party should modernlendingsolutions.com exercise its right to modify or discontinue the Service. You acknowledge and accept that modernlendingsolutions.com does not guarantee continuous, uninterrupted or secure access to the site, services, or third-party companies, and operation of our site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
11. RESPONSIBILITY FOR USE.
Use of the Internet and modernlendingsolutions.com is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While modernlendingsolutions.com has endeavored to create a secure and reliable site, you should understand that the confidentiality of any communication or material transmitted to/from the site over the Internet or other global communication network cannot be guaranteed. Moreover, you understand that the technical processing and transmission of modernlendingsolutions.com may involve transmission over various networks. Accordingly, modernlendingsolutions.com is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on modernlendingsolutions.com, or for the consequences of any reliance on such information. Moreover, you agree to assume all risk and liability arising from your use of modernlendingsolutions.com, including the risk of a breach in the security of modernlendingsolutions.com. You assume sole and complete risk for using modernlendingsolutions.com.
Actual or attempted unauthorized use of the site may result in criminal and/or civil prosecution. modernlendingsolutions.com reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the website. modernlendingsolutions.com will also comply with all court orders involving requests for such information.
12. NO ENDORSEMENT OF POSTINGS.
You must use your best judgment and reasonable caution in evaluating all third party postings or other content on the Website. modernlendingsolutions.com does not endorse, oppose, or edit any opinion or information provided by a user or third party, with the exception of removing temporarily or deleting what appears to be potentially unlawful content or content otherwise prohibited under this policy. modernlendingsolutions.com does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, distributed by any user of, or third party contributing materials to, this Website. modernlendingsolutions.com expressly disclaims all responsibility and liability for such postings, information, and materials.
13. PERMISSION TO USE POSTINGS.
The purpose of this Website and the services, programs, software, products, materials, and information available through it is to help you find a loan from prospective lenders participating in our direct network of lenders (“participating lenders”). By submitting information, content, and materials to a forum or other portion of this Website or by otherwise using the Web site to transmit information, content, and materials, you automatically grant modernlendingsolutions.com a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform, and display such information, content, and materials (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such information, content, and materials. Notwithstanding this right and license, it is understood that by merely permitting your information, content, and materials to appear on this Web site, modernlendingsolutions.com has not become and is not a publisher of such information, content, and materials.
modernlendingsolutions.com welcomes your feedback and suggestions about how to improve this site. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to modernlendingsolutions.com, you represent and warrant that such feedback does not infringe the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey such feedback to modernlendingsolutions.com. In addition, any feedback received through this site will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for modernlendingsolutions.com to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
15. MESSAGE STORAGE.
modernlendingsolutions.com assumes no responsibility for the deletion of or failure to store any message.
16. THIRD-PARTY PRODUCTS/SERVICES.
modernlendingsolutions.com, in its sole discretion, may post the advertisements of third parties on this Website and/or feature materials, programs, products, and services provided by third parties. modernlendingsolutions.com makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third party materials, programs, products, and services or any other materials, programs, products, and services which such third party materials, products, and services may access. Your correspondence or any other dealings with third parties found on this Website are solely between you and such third party. modernlendingsolutions.com expressly disclaims responsibility and liability for all third party provided materials, programs, products, and services contained on or accessed through this Website, and you agree that modernlendingsolutions.com shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on this Website.
17. LINKS TO THIRD-PARTY SITES.
You acknowledge that modernlendingsolutions.com retains the right, at our sole discretion, to terminate access to this site at any time. modernlendingsolutions.com further retains the right to terminate access to any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, modernlendingsolutions.com reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion. You agree that you will not use any robot, spider, or other automatic devices, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of modernlendingsolutions.com.
19. EVENTS BEYOND modernlendingsolutions.com’S CONTROL.
You expressly absolve and release modernlendingsolutions.com from any claim of harm resulting from a cause modernlendingsolutions.com’s control, including, but not limited to, the performance of third-party service providers, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions.
21. GOVERNING LAW.
This Agreement has been made in and will be construed and enforced in accordance with the laws of the state of California as applied to agreements entered into and completely performed in California, without regard to conflict of law principles.
22. BINDING ARBITRATION.
23. NO CLASS ACTIONS.
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST COMPANY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
24. TERM AND TERMINATION.
This Agreement will take effect at the time you begin installing, accessing, or using this Website, whichever is earliest. modernlendingsolutions.com reserves the right at any time and for any reason to deny you access to the Website or to any portion thereof and to terminate this Agreement. This Agreement will terminate automatically if you fail to comply with the limitations described herein. Termination will be effective without notice. You may terminate at any time by ceasing to use the Website, but all applicable provisions of this Agreement will survive termination, as outlined below. Upon termination, you must destroy all copies of any aspect of the Website in your possession.
The provisions concerning Consent to be Contacted, Proprietary and Intellectual Property Rights, Events beyond modernlendingsolutions.com’s Control, Confidentiality, Indemnity, Representations and Warranties, Disclaimer of Warranty; Limitation of Liability, Availability of Records, Admissibility of this Agreement, Termination, Statute of Limitations, and Governing Law will survive the termination of this agreement for any reason.
Failure to insist on strict performance of any of the terms and conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by modernlendingsolutions.com of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
A printed version of this Agreement and of any related 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.
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 the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this Agreement shall continue in effect.
29. RELATIONSHIP OF PARTIES.
No joint venture, partnership, employment, or agency relationship exists between you and modernlendingsolutions.com as result of this Agreement or your utilization of this Website.
30. RESERVATION OF RIGHTS.
Any rights not expressly granted by tcaloans.com herein are reserved.
31. ENTIRE AGREEMENT.
Please note that modernlendingsolutions.com reserves the right to change the terms and conditions of this Agreement and under which this Website and its many offerings are extended to you. In addition, modernlendingsolutions.com may add or delete any aspect of this Website. Your continued use of this Website will be conclusively deemed acceptance of any change to this Agreement or the Website.
32. CONTACT INFORMATION.
If you have questions regarding this Website or if you are interested in obtaining more information concerning modernlendingsolutions.com please contact us at email@example.com. Please contact your third-party service providers for any questions about their products or services.
33. STATUTE OF LIMITATIONS.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF THE SERVICE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
34. OTHER TERMS AND CONDITIONS.
Additional notices, terms, and conditions may apply to the purchase of goods, participation in a particular program, and/or to specific portions or features of the Website, all of which are made a part of this Agreement by this reference. You agree to abide by such other notices, terms, and conditions, including where applicable representing that you are of sufficient legal age to acquire a product and/or use or participate in a program, service, or feature. If there is a conflict between this Agreement and the terms posted for or applicable to a specific portion of the Website, including any areas to enable the on-line purchase of items or for any program or service offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website. modernlendingsolutions.com’s obligations, if any, with respect to its services, programs, and/or products are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing herein should be construed to alter such terms, conditions, notices, and agreements.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS
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