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LOAN ORIGINATION SERVICES
All of the information you have provided in this loan request is true and complete. You authorize Access Capital Funding Group LLC and/or it's partners to check your credit history, and to provide your information, including your credit history, to up to four Lenders. For Access Capital Funding Group's customers, this credit history is limited to the information you provided. You further authorize the Lenders, along with any additional Lenders or investors necessary to complete your loan transaction, to check your credit history and to return their decision to you. You understand that Lenders may keep this form, whether or not you are qualified for a loan with them. Access Capital Funding Group is not a lender and does not make loans or credit decisions in connection with loans. Access Capital Funding Group does not endorse or recommend the products of any particular Lender on MyAccessCapital.com. Access Capital Funding Group is not an agent of either you, the User, or any participating Lender. Access Capital Funding Group's services are administrative and consultative only. You should rely on your own judgment in deciding which available loan product best suits your needs and financial means. The Lender is solely responsible for its services to you, and you agree that Access Capital Funding Group 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. MyAccessCapital.com/Access Capital Funding Group and/or participating Lenders expressly reserve the right to discontinue, suspend or terminate the offering of any loan product in any specific state. Access Capital Funding Group does not guarantee acceptance into any particular loan program or specific loan terms or conditions with any participating Lender; loan approval standards are established and maintained solely by individual Lenders. Likewise, Access Capital Funding Group does not guarantee that the loan 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 loan commitment or interest rate lock-in agreement. By completing and submitting the loan request form, you understand and agree that you are inquiring as to a lending product with up to four Lenders to whom your loan request is transmitted. By submitting the loan request, you are extending an express invitation to each of these entities to contact you by telephone at the numbers you have provided so that 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.
DISCLAIMERS AND LIMITATIONS
Access Capital Funding Group 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 Access Capital Funding Group at any time. THE WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." Access Capital Funding Group AND/OR ITS SUPPLIERS, PARTICIPATING LENDERS, OR REAL ESTATE PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE 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 ACCESS-FUNDING-CAPITAL.COM's SERVICES IS AT YOUR OWN RISK. Access Capital Funding Group AND/OR ITS SUPPLIERS, PARTICIPATING LENDERS, OR REAL ESTATE 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 MYACCESSCAPITAL.COM'S SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Access Capital Funding Group 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 Access Capital Funding Group and its suppliers, participating Lenders, 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 Access Capital Funding Group's services, including without limitation any claims alleging facts that if true would constitute a breach by you of this agreement.
LINKS TO THIRD PARTIES
Access Capital Funding Group's Web site may contain links to Web sites maintained by third parties. Such links are provided for your convenience and reference only. Access Capital Funding Group does not operate or control in any respect any information, software, products or services available on such Web sites. Access Capital Funding Group's 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
Access Capital Funding Group 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 Access Capital Funding Group's services, to the goods or services provided by MyAccessCapital.com, or to any acts or omissions for which you may contend MyAccessCapital.com is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration venued in Orange, Californiaa. 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 MyAccessCapital.com. In any arbitration, MyAccessCapital.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 Mecklenburg County, North Carolina. 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 MYACCESSCAPITAL.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 MyAccessCapital.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 MyAccessCapital.com, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Mecklenburg County, North Carolina. 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 MyAccessCapital.com and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and MyAccessCapital.com with respect to the 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 California, 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.
Important Credit Information
Because the Qualification Form you completed may be considered an application for the purposes of the Equal Credit Opportunity Act, we have elected to provide you with several important notices. However, please be advised that MyAccessCapital.com is not a creditor and is not responsible for the lending criteria supplied by Lenders, which were used to analyze your information.
You have the right under the Fair Credit Reporting Act to know the information in your credit file at the consumer reporting agency and to receive a free copy of your credit report, if you request it from the consumer reporting agency within 60 days after you receive this notice. The consumer reporting agency that provided credit information to the Lenders on our Network is listed in the enclosed letter. To obtain a free copy of your credit report, send your name, address and social security number to this consumer reporting agency. Contact information is provided in your letter.
You may also wish to contact your local consumer protection agency to learn of any rights you may have under state law.
If you find that any of the information contained in the report you receive is inaccurate or incomplete, you have the right to dispute the matter with the consumer reporting agency. However, be advised that the consumer reporting agency did not determine that no Lender match could be made and is unable to supply specific reasons why no match was made.
The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract), because all or part of the applicant's income derives from any public assistance program, or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
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