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Avoid-Foreclosure-Services Terms of Use Agreement

Loan Savings Solutions LLC
16192 Coastal Highway, Lewes, DE, 19958

TERMS OF USE AGREEMENT

Please read this Terms of Use Agreement ("Agreement") carefully. By accessing this Web site and any pages hereof, you agree to be bound by the terms and conditions below. This Agreement contains an agreement to arbitrate all Claims and disclaimers of warranties and liability. These provisions form an essential basis of our bargain. If you do not agree to these terms and conditions, do not access this Web site.

Loan&Savings Solutions, LLC operates this Web site. For purposes of this Agreement, "Avoid-Foreclosure-Services" means Loan&Savings Solutions, LLC.

SECURITY POLICY Avoid-Foreclosure-Services uses extensive and sophisticated secure technology to protect your data and transmissions between you, Avoid-Foreclosure-Services, lenders and foreclosure assistance companies participating in this Web site (we refer to all of these as "members")participating in this web site. Here are the highlights:

Transmission between browsers and our web server is implemented using Secure Sockets Layer (SSL) technology. This technology requires an SSL-capable browser such as MS Internet Explorer 3.0 (or later) or Netscape Navigator 2.0 (or later). Although Avoid-Foreclosure-Services has taken these reasonable and appropriate measures to ensure that your personal information is delivered and disclosed only in accordance with your instructions, Avoid-Foreclosure-Services cannot and does not guarantee that the personal information you provide will not be intercepted by others and decrypted.

Rates, Terms, Programs provided by Avoid-Foreclosure-Services for illustrative purposes only and does not constitute an application. Avoid-Foreclosure-Services does not guarantee mortgage approval, nor is it an offer or commitment to make a loan or service to you on the above terms. The rates and terms are all estimates based on information provided by third party lenders or/and loss mitigation companies or/and foreclosure prevention services and does not guarantee mortgage approval or/and commitment by any of there parties and reflects normal and customary rates and fees available through lenders and foreclosure prevention services internet channels and typical tax and other costs in the stated property's vicinity.

By requesting foreclosure professional help, you authorize Avoid-Foreclosure-Services to provide your information to up to five lenders or.and foreclosure prevention specialists/companies. The lenders and/or foreclosure assistance professionals in this program will be on Avoid-Foreclosure-Services network. These lenders/professionals may not be shown on Avoid-Foreclosure-Services lenders List. Avoid-Foreclosure-Services may not be able to match you with five lenders and/or foreclosure assistance professionals/companies depending on your request information.

Avoid-Foreclosure-Services is not an lender or financial advisor and does not make financial or credit decisions in connection with mortgages. Avoid-Foreclosure-Services does not endorse or recommend the products of any particular lenders/foreclosure prevention services on any of its web sites. Avoid-Foreclosure-Services is not an agent of either you, the User, or any participating Insurer. Avoid-Foreclosure-Services services are administrative and consultative only. You should rely on your own judgment in deciding which available mortgage refinance or foreclosure prevention service best suits your needs and financial means. The Lender or/and Foreclosure assistance professional is solely responsible for its services to you, and you agree that Avoid-Foreclosure-Services 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. You understand that Lenders and/or Foreclosure assistance profeccionals/companies may keep your foreclosure assistance request form, whether or not you are qualified for a martgage/service with them.

This Web site and the services provided by Avoid-Foreclosure-Services are available only in connection with (a) mortgages made on property located in the fifty states and the District of Columbia unless otherwise specified. Mortgages may only be made to residents of, or to property located in, states where participating lenders are licensed or authorized to make such loans, as indicated herein under the section titled "lenders." Lenders are not attempting to make loans outside of their authorized states or country by participating in and offering their products on this Web site. Avoid-Foreclosure-Services and/or participating lenders and/or foreclosure assistace companies expressly reserve the right to discontinue, suspend or terminate the offering of any product in any specific state through this Web site.

Avoid-Foreclosure-Services does not guarantee acceptance into any particular foreclosure prevention program or specific mortgage terms or conditions with any participating lenders mortgage approval standards are established and maintained solely by individual lenders. Likewise, Avoid-Foreclosure-Services does not guarantee that the mortgage terms or rates offered and made available by participating lenders through this Web site are the best terms or lowest rates available in the market. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for a mortgage loan rates and terms.

Avoid-Foreclosure-Services does not charge you, the User, a fee to use our service. Avoid-Foreclosure-Services is paid a fee by participating lenders and/or foreclosure prevention companies/specialists for the goods, facilities and services provided. Your use of this Web site and/or Avoid-Foreclosure-Services services constitutes your agreement with this compensation arrangement.

By hitting submit or requesting to be matched with lenders/foreclosure prevention services under either of the programs, you understand and agree that you are submitting an inquiry as to a financial product with Avoid-Foreclosure-Services and each of the lenders/foreclosure prevention services to whom your request is transmitted. By submitting the request containing your electronic signature, you are extending an express invitation to each of the lenders/foreclosure prevention services making you offers to contact you by mail, e-mail and/or telephone at the addresses and numbers you have provided so they may assist you with your transaction, and you hereby consent to any such calls even if your phone number is on any Do Not Call list. By saving your information with Avoid-Foreclosure-Services and/or submitting a foreclosure assistance request, you give Avoid-Foreclosure-Services permission to e-mail you in connection with your request.

Account Registration By creating an account or otherwise registering with this site, you hereby understand and agree that you have established a business relationship between you and Avoid-Foreclosure-Services. As such, you agree that Avoid-Foreclosure-Services may contact you using information you provided with information and offers of services available through Avoid-Foreclosure-Services and any of its web sites. You hereby consent to any such communication or phone calls even if your phone number is on any Do Not Call list.

COPYRIGHT NOTICE All contents of this Web site are: Copyright © 2006 Loan&Savings Solutions, LLC and/or its suppliers, participating lenders/foreclosure prevention services, or credit counseling professionals, 16192 Coastal Highway, Lewes, DE, 19958, U.S.A. All rights reserved. Product and company names mentioned herein, including the names of participating lenders/foreclosure prevention services, may be the trademarks of their respective owners.

DISCLAIMERS AND LIMITATIONS Avoid-Foreclosure-Services intends that the information contained in its Web site be accurate and reliable; however, errors sometimes occurs. In addition, changes and improvements to the information provided herein may be made by Avoid-Foreclosure-Services at any time. THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." Avoid-Foreclosure-Services AND/OR ITS SUPPLIERS, PARTICIPATING lenders/foreclosure prevention services, OR CREDIT COUNSELING PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THIS WEB SITE AND/OR Avoid-Foreclosure-Services SERVICES IS AT YOUR OWN RISK. Avoid-Foreclosure-Services AND/OR ITS SUPPLIERS, PARTICIPATING INSURERS, OR CREDIT COUNSELING PROFESSIONALS ARE 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 THIS WEB SITE AND/OR Avoid-Foreclosure-Services SERVICES OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Avoid-Foreclosure-Services 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 and/or Avoid-Foreclosure-Services services, you agree to indemnify Avoid-Foreclosure-Services and its suppliers, participating lenders/foreclosure prevention services, or credit counseling professionals from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of this Web site, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.

LINKS TO THIRD PARTIES This Web site may contain links to Web sites maintained by third parties. Such links are provided for your convenience and reference only. Avoid-Foreclosure-Services does not operate or control in any respect any information, software, products or services available on such Web sites. Avoid-Foreclosure-Services inclusion of a link to a Web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

ERRORS AND DELAYS Avoid-Foreclosure-Services 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 this Web site, to the goods or services provided by Avoid-Foreclosure-Services, or to any acts or omissions for which you may contend Avoid-Foreclosure-Services is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. 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 arbitration shall be venued in Bucks County, Pennsylvania except for Maine consumers for whom the location shall be a place reasonably convenient to the consumer. 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 Avoid-Foreclosure-Services. In any arbitration, Avoid-Foreclosure-Services 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, provided, however, that in Maine any cost to the consumer shall be limited to the cost of filing a court case. 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 Bucks County, Pennsylvania. 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, except in Maine where state law will control all rights and remedies in the arbitration. 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 Avoid-Foreclosure-Services 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 Avoid-Foreclosure-Services 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 Avoid-Foreclosure-Services, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Sussex County, Delaware. 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 Avoid-Foreclosure-Services and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Avoid-Foreclosure-Services with respect to this Web site and information, software, products and services associated with it. This Agreement shall be subject to and construed in accordance with the laws of the State of Delaware, 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.

PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

 

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