TERMS OF USE

(Last Revised December 16, 2008)

Please read these terms and conditions carefully. By accessing this web site and any pages hereof, you are indicating that you have read, acknowledge and agree to be bound by these Terms of Use and by the accompanying Privacy Policy. If you do not agree to these Terms of Use and the accompanying Privacy Policy, do not access this web site. Home Shop reserves the right to change these Terms of Use and the accompanying Privacy Policy.  It is your responsibility to regularly review these Terms of Use and the accompanying Privacy Policy and your continued use of this web site constitutes agreement to all such changes. As used herein, Home Shop means __________________________ and its affiliates.

GENERAL INFORMATION:

This web site is comprised of various pages operated by Home Shop (collectively, the "web site"). Unauthorized use of Home Shop's web site and systems, including, but not limited to, unauthorized entry into Home Shop's systems, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use this web site in any manner that could damage, disable, overburden, or impair any Home Shop site or service or interfere with another party's use and enjoyment of any Home Shop site or service. You may not attempt to gain unauthorized access to any Home Shop site or service, computer systems or networks connected to any Home Shop site or service, through hacking, password mining or any other means. You agree that you will not engage in any activities related to this web site that are contrary to applicable laws or regulations.

Home Shop reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on this web site, to suspend and/or deny access to this web site for scheduled or unscheduled maintenance, upgrades, improvements or corrections, and to terminate your access to the Home Shop Network. You further agree that use of the Home Shop Network and any of its products or services shall be immediately terminated if you violate these Terms of Use. The information and materials on this web site may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and Home Shop does not undertake any obligation or responsibility to update or amend any such information. Home Shop may discontinue or change any product or service described in or offered on this web site at any time
Please note that certain of the interactive services may be financial or mortgage tools that provide information and customized information based on user-inputted data. These tools are for the purpose of performing calculations, and are not an offer to lend. Interest rates shown are for demonstration purposes only. Actual market interest rates may vary.
You acknowledge that Home Shop is not a real estate broker, mortgage broker or mortgage lender, and Home Shop does not aid or assist borrowers in obtaining, solicit borrowers or lenders for, negotiate or make loans secured by liens on real property.

CREATE AN ACCOUNT/REGISTRATION:

By creating an account or otherwise registering with Home Shop, you agree that Home Shop may contact you using information you provided with information and offers of services available through Home Shop 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.

TRANSMITTAL OF CONTENT:
To the extent that you post, upload, input, submit or otherwise transmit (collectively, “Transmit” or “Transmitting” as appropriate) content on or through the Home Shop Network, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all content that you provide or otherwise make available via the Home Shop Network. You also warrant and represent that you own or otherwise control all of the rights to such content including, without limitation, all the rights necessary for you to Transmit such content, and to transfer your or others’ interests in such content to Home Shop as provided below.
You promise that you will not use the Home Shop Network to:

• Transmit any content
• not related to appropriate subject matters;
• which is misleading to others, including consumers;
• that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• that you do not have a right to post and transmit under any law or under contractual relationships;
• such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• and materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
• intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act

By Transmitting content to the Home Shop Network, you grant, and you represent and warrant that you have the right to grant, to Home Shop an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the content and to prepare derivative works of, or incorporate into other works, the content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting content to any public area of the Home Shop Network, you grant Home Shop all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the content on the Home Shop Network by any party for any purpose.
MONITORING BY HOME SHOP:

Your use of the products and services on this Web site may be monitored by Home Shop, and that the resultant information may be used by Home Shop for its internal business purposes or in accordance with the rules of any applicable regulatory or self-regulatory organization.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY:

The information, products and services on this web site are provided on an "AS IS," "WHERE IS" and "WHERE AVAILABLE" basis. Home Shop does not warrant the information or services provided herein or your use of this web site generally, either expressly or impliedly, for any particular purpose and expressly disclaims any implied warranties, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose. Home Shop will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via this web site. Although the information provided to you on this web site is obtained or compiled from sources we believe to be reliable, Home Shop cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. Neither Home Shop, nor any its affiliates, directors, officers or employees, nor any third party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this web site, or resulting from the act or omission of any other party involved in making this web site, the data contained herein or the products or services offered on this web site available to you, or from any other cause relating to your access to, inability to access, or use of the web site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of Home Shop or of any vendor providing software or services. In no event will Home Shop or any such parties be liable to you whether in contract or tort, for any direct, special, indirect, consequential or incidental damages or any other damages of an kind even if Home Shop or any other such party has been advised of the possibility thereof. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user's equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. Home Shop cannot and does not guarantee continuous, uninterrupted or secure access to the web site.

PROPRIETARY RIGHTS:

All right, title and interest in this web site and any content contained herein is the exclusive property of Home Shop, except as otherwise stated. Unless otherwise specified, this web site is for your personal and non-commercial use only and you may print, copy and download any information or portion of this web site for your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from this web site, except for the purposes expressly provided herein, without Home Shop's prior written approval. If you copy or download any information or software from this web site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.

Home Shop, the Home Shop logo and other Home Shop trademarks and service marks referenced herein are trademarks and service marks of Home Shop. The names of other companies and third-party products or services mentioned herein may be the trademarks or service marks of their respective owners. You are prohibited from using any marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Home Shop or such third party, which may own the marks.

INCLUSION AND USE OF LINKS:

This web site contains links to third party web sites. These links are provided only as a convenience. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Home Shop of any information contained in any third party web site. In no event shall Home Shop be responsible for the information contained on that site or your use of or inability to use such site. You should also be aware that the terms and conditions of such site and the site's privacy policy may be different from those applicable to your use of this web site.
REALTY SERVICES:
During registration, you warrant that all of the information you have provided in the registration form is true and complete.  If you marked that you are not working with a real estate professional and you also marked that you would like to be contacted by one of our affiliated Home Shop Certified Real Estate Professionals, you authorize Home Shop to forward your information to its network of real estate professionals. You further understand and agree that by selecting a real estate company or professional, you are extending an express invitation for them to contact you by telephone at the numbers you have provided, and you hereby consent to any such calls even if your phone number is on the Do Not Call list. In addition, by completing and submitting a request for more information regarding a real estate listing or requesting contact with a real estate professional, you understand and agree that you are extending an express invitation to real estate professionals to call you by telephone at the numbers you have provided, and you hereby consent to any such calls even if your phone number is on the Do Not Call list. You understand that these real estate professionals may keep the information you submit whether or not you communicate with them regarding a real estate listing and whether or not you complete a real estate transaction with them.
Real estate brokerage activities are performed by local licensed real estate brokers. In connection with our program, Home Shop may refer you to a local real estate broker, and for its services, Home Shop does not receive a real estate brokerage referral fee of the local broker’s commission.
MORTGAGE LOAN REQUEST SERVICES:
During registration, if you marked that you are not working with a mortgage professional and you also marked that you would like to be contacted by one of our affiliated Home Shop Certified Lending Professionals, you authorize Home Shop to forward your information to its network of lending professionals. You further understand and agree that by selecting a lending company or professional, you are extending an express invitation for them to contact you by telephone at the numbers you have provided, and you hereby consent to any such calls even if your phone number is on the Do Not Call list. You also understand that you may be contacted by email at the email address you provided or at another address that may be associated with you that we receive from Lenders or other parties and you hereby consent to any such email so it will not be considered spam or unauthorized by any local, state or federal law or regulation.  You understand that these lending professionals may keep the information you submit or provide them during processing of your loan request, whether or not you communicate with them and whether or not you are qualified for a loan with them or if you make a loan with them.  You agree to notify any particular Lender directly if you no longer want to receive communications from them.
By saving your information with Home Shop or by doing a submission, you give Home Shop permission to retain all such provided information and to make live or recorded calls to discuss, provide or remind you of any information in regards to your submission, including the delivery of loan request matches, deadlines, quality of services or other matters in connection with your loan request. For any service, you represent that all of the information you have provided in your submission and loan request is true and complete.
Home Shop is not a lender nor is acting as a lender or broker and does not make loans or credit decisions in connection with loans. Home Shop does not endorse or recommend the products of any particular Lender. Home Shop is not an agent of you or any Lender. Home Shop's services are only administrative. You should rely on your own judgment in deciding which available loan product, terms and Lender best suits your needs and financial means. The Lender is solely responsible for its services to you, and you agree that Home Shop 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.
The Websites and the services provided by Home Shop are available in connection with mortgage loans made on real property located in the fifty states and the District of Columbia unless otherwise specified. Loans may only be made to residents of, or secured by real property located in, states where Lenders are licensed or authorized to make such loans. Lenders are not attempting to make loans outside of their authorized states or country by participating in and offering their products on the Websites. Home Shop Certified Lenders expressly reserve the right to discontinue, suspend or terminate the offering of any loan product in any specific state through the Websites at any time, without prior notice.
The data and other information you may provide Home Shop is not, and is not treated as, an application for a loan or a request to be pre-approved, pre-qualified or any similar concept. Home Shop does not guarantee acceptance into any particular loan program or specific loan terms or conditions with any Lender; loan approval standards are established and maintained solely by individual Lenders. Likewise, Home Shop does not guarantee that the loan terms or rates offered and made available by Lenders are the best terms or lowest rates available in the market. A Lender's offer may be subject to market conditions, approval and qualification. The rates and fees actually provided by Lenders may be higher or lower depending on your complete credit profile, collateral/property considerations including but not limited to location, equity and value and income/asset consideration including but not limited to loan to value and debt to income ratios. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for a loan commitment or interest rate lock-in agreement. Lenders may not offer all products as well as not offer products in all states. You might not be matched with the Lender making any specific offer. To help the government fight identity theft, the funding of terrorism and money laundering activities, Lenders will obtain, verify and record information that identifies each person who opens an account with them. They may ask for your name, Social Security Number, address, date of birth and other important information that will allow them to properly identify you. During the application process, they may also ask to see your driver’s license or other identifying documentation.
Home Shop is not paid a fee by Lenders for the goods, facilities and services provided. Regardless whether you obtain a loan from Home Shop’s network of Certified Lenders or through your own independent research, at closing you will be responsible for paying for any settlement or closing costs associated with your loan (such as loan processing, underwriting, or funding fees, title insurance premiums, notary fees, etc.). Home Shop does not charge you a fee for its service in matching you with Lenders.
If you are matched with a Home Shop Certified Lender, you are not required to use them. If you would prefer to receive conditional loan offers from multiple lenders and speak with multiple loan officers from the Home Shop network of Lenders, please contact Home Shop Customer Care at 1.800.HOME.SHOP, to have your loan request provided to the Home Shop network of Lenders.
In the registration process, you may be given the option to provide your Social Security Number and/or have your credit pulled. The Lenders you are matched with may later require a Social Security Number to proceed with your loan request. If you elect this option, you authorize Home Shop to provide information that you provided, along with any additional lenders or investors necessary to complete your loan transaction, on the Home Shop network. You also authorize our Certified Lenders, along with any additional lenders or investors necessary to complete your loan transaction, to request from one or multiple credit bureaus /reporting agencies, your credit bureau report including any ancillary credit scores or ratings and to check your credit and employment history. At the present time, Fair Isaac Corporation (the company that provides "FICO" credit scores) reports that, for mortgage loans, it disregards those inquiries made in the 30 days prior to the lender receiving the credit score and that beyond the 30 days, it consolidates all credit inquiries that occur within a 14-day period into one inquiry for scoring purposes.
INDEMNITY:
As a condition of use of the Websites and/or Home Shop's services, you agree to indemnify Home Shop and its suppliers, Lenders, Providers or real estate professionals from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of the Websites, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.
NO AGENCY:
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Home Shop as a result of the Terms of Use or accessing or using the Home Shop Network. Home Shop's performance under the Terms of Use is subject to existing laws and legal process, and nothing contained in the Terms of Use is in derogation of Home Shop's right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of the Home Shop Network or information provided to or gathered by Home Shop with respect to such use.
SEVERABILITY:
If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, 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 Terms of Use shall continue in effect. Unless otherwise specified herein (or in any other definitive written agreement between you and Home Shop), the Terms of Use constitutes the entire agreement between you and Home Shop with respect to the Home Shop Network and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Home Shop with respect to the Home Shop Network. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
DISPUTE RESOLUTION:
Any claim or controversy arising out of or relating to the use of the Websites, to the goods or services provided by Home Shop, or to any acts or omissions for which you may contend Home Shop 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 Orange County, Florida 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 Home Shop. In any arbitration, Home Shop 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 therefor.
Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Orange 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, 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. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND HOME SHOP 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, and 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 Home Shop's goods, facilities 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 Home Shop, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Orange 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.
CHOICE OF LAW:

These Terms of Use and the accompanying Privacy Policy shall be governed by and construed in accordance with the laws of the state of Florida, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms of Use and the accompanying Privacy Policy shall be in an appropriate state or federal court located in Orange County, Florida and the parties unconditionally waive their respective rights to a jury trial. Any cause of action you may have with respect to your use of this web site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use or the accompanying Privacy Policy, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use and the accompanying Privacy Policy, and the remainder of these Terms of Use and the accompanying Privacy Policy shall continue in full force and effect. These Terms of Use and the accompanying Privacy Policy constitute the entire agreement between Home Shop and you with respect to this site and it supersedes all prior or contemporaneous communications, agreements and understandings between Home Shop and you with respect to the subject matter hereof. A printed version of these Terms of Use and the accompanying Privacy Policy shall be admissible in judicial or administrative proceedings.