Website Terms and Conditions:
Please read these terms and conditions of use carefully before using or obtaining any materials, products, information or services through this site.
This Agreement describes the Terms & Conditions applicable to your use of this site and the materials, products, information and services offered therein. Access to and use of this site is conditioned upon your acceptance, without modification, of the terms, conditions and notices contained in this Agreement. Your use of this site and its services constitutes your agreement to all such terms, conditions and notices. If you do not wish to be bound by the terms, conditions and notices contained in this Agreement, please exit this site immediately. You agree and acknowledge that Eastlake Funding may terminate, at its sole discretion, your access to this site and to any products and services offered therein should you fail to comply with these terms, conditions and notices and any changes that from time to time may be incorporated.
Eligibility. The services provided through this site are only available to individuals eighteen (18) years of age or older that may legally enter into a binding contract. We do not and will not knowingly solicit business by minors or those lacking the legal capacity to contract. Due to the variations in financing and real estate laws from state to state, not all materials, products, information or services offered through this site are available in all geographic areas, and you may not be eligible for certain products or services. In addition, eligibility for products and services offered through this site is based, in part, on the underwriting policies of various lenders, and Eastlake Funding and its affiliated lenders reserve the right, in their sole discretion, to determine your eligibility for any products or services offered.
Relationship of the Parties. You acknowledge that nothing herein shall be construed to create a partnership, joint venture, agency or employment relationship between you and Eastlake Funding. Neither party, pursuant to these Terms & Conditions of Use, has authority to enter into an agreement of any kind on behalf of the other party, and neither party shall be considered the agent of the other for any purpose or deed. The materials, products, information and services provided through this site are provided with the express understanding that neither Eastlake Funding nor its subsidiaries, affiliates, officers, agents, other partners and employees are engaged in rendering legal or other professional services or advice.
Proprietary Rights. Product names, company names and company logos appearing on this site may be the trademark or service mark of their respective owners. Reference herein to any specific product, service, company or company logo does not constitute an endorsement of the same by Eastlake Funding, except as otherwise noted, nor is it intended to state, suggest or otherwise lead you to believe that Eastlake Funding is the legal owner or licensee of said product, service, company or company logo. By accessing this site, and if applicable submitting or uploading information onto this site, you warrant that the information you provide does not infringe the trademark, service mark, copyright, trade secret or other intellectual property rights of third parties. You agree that your use of any trademark or service mark will include appropriate attribution to the legal owner. You agree to indemnify, defend and hold harmless Eastlake Funding, its subsidiaries, affiliates, officers, agents, other partners and employees from any loss, liability, claim or demand, including reasonable attorneys fees, made by any third party due, arising out of, or relating to your use of the site to upload or reproduce information, to include but not limited to the intellectual property of third parties.
Third Party Sites. This site may contain, for your convenience, links to other sites on the World Wide Web. These other sites are not under the control of Eastlake Funding, and you acknowledge that Eastlake Funding is not responsible for the accuracy, legality, decency, intellectual property compliance, or any other aspect of the content of such sites. The inclusion of such a link does not imply an endorsement of the site, or any affiliation between Eastlake Funding and the site owner or sponsor.
Changes. Eastlake Funding may modify this Agreement at any time, in its sole discretion and without prior notice, and such modification shall be effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically and your continued access of this site shall be deemed to be your acceptance of the modified Agreement. Eastlake Funding reserves the right to modify or terminate any or all of the materials, products, information and services provided through this site, at any time, without prior notice.
Site Access & Security. Upon registering, you will select a user ID and password for future use on this site. You are responsible for maintaining the confidentiality and security of the user ID and password, and responsible for all activity and conduct that occurs under your user ID and password. You agree to immediately notify Eastlake Funding of any unauthorized use of your user ID or password, or any other security breach related to your access and use of this site. Although Eastlake Funding will use reasonable means, consistent with the design and purpose of this site, to protect information provided by you, we cannot guarantee that information sent over the Internet is completely confidential and protected from access by unauthorized third parties. Transmission of information to us via the Internet must be undertaken at your own risk. Except with the written permission of Eastlake Funding, you agree to refrain from accessing or attempting to access password protected, secure or non-public areas of this site. Unauthorized individuals attempting to access prohibited areas of this site may be subject to prosecution.
Loan Origination Services. You certify that all the information you have provided as part of a loan request or request for other services is true, accurate and complete. You authorize Eastlake Funding to check your credit history, and to provide your information, including credit history, to various other lenders as part of the loan approval and origination process.
Disclaimer of Warranties. The materials, products, information and services published on this site may include inaccuracies or typographical errors. Any materials, products, information and services or other items on this site are provided "AS IS " without any warranty of any kind, either expressed or implied, including without limitation warranties of merchantability and fitness for a particular purpose. Any warranties, either express or implied, other than those stated in this Agreement are expressly disclaimed. Eastlake Funding does not warrant that this site will be free from interruption or be error free. Any risk arising out of the use of this site or the materials, products, information and services made available through this site, remains entirely with you. Eastlake Funding disclaims any and all warranties, responsibilities or liabilities for the accuracy, completeness, legality, reliability, or availability of materials, products, information and services contained on this site.
Limitation of Liability. You acknowledge and agree that Eastlake Funding will not be responsible or liable for:
Indemnification. You agree to indemnify and hold harmless Eastlake Funding, its subsidiaries, affiliates, officers, agents, other partners and employees from any loss, liability, claim or demand, including reasonable attorneys fees, made by any third party due, arising out of, or relating to your use of the site or any violation of this Agreement.
Entire agreement. This Agreement constitutes the entire agreement between you and Eastlake Funding, and it supercedes all prior or contemporaneous communication, promises and proposals, whether oral, written or electronic, between you and Eastlake Funding with regard to this site and the products, services and information contained therein.
Choice of Law. These Terms & Conditions of Use shall be governed by and interrupted according to the laws of the State of California, without respect to that State's conflict of laws provisions.
Dispute Resolution. You agree that all disputes arising out of or in connection with these Terms & Conditions of Use shall be decided by a court of competent jurisdiction located within the State of California, with venue being San Diego, California
Non waiver and severability. Eastlake Funding's failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision. If, by a court of competent jurisdiction, 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 superceded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in full force and effect.
Headings. The headings in these Terms & Conditions of Use are for your convenience and reference. These headings do not limit or affect the terms of this Agreement.
Authorization to use Email. We may respond to inquiries and questions via e-mail if you provide us with an e-mail address. However, be advised that information sent by e-mail may not be completely confidential, not only because of certain aspects of electronic transfer, but also because others may have access to the computer or e-mail address to which our e-mail response is sent. Unless you specifically direct us as follows, "DO NOT RESPOND TO THIS INQUIRY BY E-MAIL", you hereby consent to response to your inquiries and questions via e-mail, in view of the risks inherent in using e-mail
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