Welcome to our Web site, www.EquityFundingResources.com (the "Site"). The term "Equity Funding
Resources",
"EFR", "us" or "our" refers to Equity Funding Resources Group, the legal name of the owner of the
Site. The term "you" refers to the user or viewer of our Site. The following terms of use in this
agreement (the "Agreement") describe the terms and conditions applicable to your use of the Site and
any service offered by us through the Site (the "Service"). Please review the Agreement and its
corresponding privacy policy (the "Privacy Policy"), which is incorporated by reference, carefully,
as by using the Site, you agree to comply with and be bound by its terms. If you do not agree to
these terms, you may not use or access the Site or Service.
1. Acceptance of Agreement; Entire Agreement. You agree that this Agreement constitutes the entire
and only agreement between EFR and you, and supersedes all prior or contemporaneous agreements,
representations, warranties and understandings, if any, with respect to the Site, the content,
products or Service provided by or through the Site, and the subject matter of this Agreement.
This Agreement may be amended at any time without notice to you. The latest Agreement will be posted
on the Site, and you should review this Agreement prior to using the Site.
2. Financial Products and Services. You understand that through the Site, we offer the Service,
which provides educational information relating to Home Equity Conversion Mortgages, commonly known as
Reverse Mortgages, as well as other financial information and calculation tools.
You acknowledge and agree that if you submit a request for any product or service offered through
the Service, EFR will share your personal information (such as your full name, address, telephone
number, and social security number) with the providers in our provider network who can fulfill your
request, including banks, mortgage bankers and brokers (the "Provider(s)").
You acknowledge and agree that EFR only refers you to the Providers and does not make loan or other
product related decisions in connection with the Service; EFR is not a party to any agreement that
you may make with the Provider; and the Provider is solely responsible for its services to you. You
also acknowledge that by providing the Service through the Site, EFR is not your agent or broker and
does not recommend any specific product, service or Provider to you.
Any compensation EFR may receive for the Service provided hereunder is paid by Providers for the
products and services rendered by EFR to that particular Provider. EFR does not charge you any fees
to use the Site or the Service. You understand that requirements for a specific loan product are
made by the individual Provider and that EFR does not endorse, warrant, or guarantee the products or
services of any Provider. Nothing contained herein constitutes an offer or guarantee for a loan
commitment, interest rate lock-in agreement or any specific financial product price or quote
commitment. You agree that EFR is not and shall not be liable for any damages, costs, liabilities or
losses of any type which arise or may arise out of or in connection with your use of the Provider's
service.
By submitting your request for a financial product, you agree that the Providers may contact you by
telephone, email or mail based on the information you have provided to us, even if you have opted
into the National Do Not Call List administered by the Federal Trade Commission or any state
equivalent Do Not Call List. You understand that the Providers may retain the information you
submitted to EFR whether you elect to use their services or not. If you no longer want to receive
communications from a Provider, you agree to notify the Provider directly. You also grant EFR
permission to send you regular updates of current financial products which may be of interest to you.
3. Other Products and Services. You understand and agree that if you request a product or service
other than a financial product such as Real Estate brokerage assistance offered through the Service,
EFR will share your information with those business partners necessary to complete your request.
You also agree that our business partners may contact you by telephone, email or mail based on the
information you have provided to us, even if you have opted into the National Do Not Call List
administered by the Federal Trade Commission or any state equivalent Do Not Call List. You understand
that EFR business partners may retain the information you submitted to EFR whether you elect to
use their services or not. If you no longer want to receive communications from an EFR business
partner, you agree to notify the partner directly.
4. Use of the Site and Service. You certify to EFR that: (i) you are eighteen (18) years of age or
older; (ii) you assume complete responsibility for the use of the Service by any minors; (iii) you
agree that all information you have submitted to EFR, online or otherwise, is complete and accurate,
and that you have not intentionally submitted false information on or through the Site or Service;
and (iv) your use of the Site and Service is subject to all applicable federal, state, and local
laws and regulations.
All calculators and tools on the Equity Funding Resources site are are designed to be informational
and educational tools only and do not constitute investment advice. We strongly recommend that you
seek the advice of a financial services professional before making any type of investment. We also
encourage you to review your investment strategy periodically as your financial circumstances change.
These tools and models are provided as a rough approximation of future financial performance. The
results presented by these calculators are hypothetical and may not reflect the actual growth of
your own investments. EFR and its affiliates are not responsible for the consequences of any
decisions or actions taken in reliance upon or as a result of the information provided by these
tools. EFR is not responsible for any human or mechanical errors or omissions.
We may introduce and offer a Community section(s) on the Equity Funding Resources site that is
designed to be informational and
educational only. Community postings do not constitute investment advice; nor do they reflect the
opinions or policies of Equity Funding Resources. Community posts are solely the opinion and
responsibility of the person posting the message. We strongly recommend that you seek the advice of
a financial services professional before making any type of investment. We also encourage you to
review your investment strategy periodically as your financial circumstances change. Equity Funding
Resources and its affiliates are not responsible for the consequences of any decisions or actions
taken in reliance upon or as a result of the information provided by registered users in their
postings on the Equity Funding Resources website. Equity Funding Resources is not responsible for
any human or mechanical errors or omissions.
5. Prohibited Conduct. As a party to this Agreement, you agree not to: (i) submit, transmit, promote
or distribute information or content that is illegal; (ii) submit, transmit or facilitate the
distribution of information or content that is abusive, harmful, racially or ethnically offensive,
vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights,
or in a rational person's view, objectionable; (iii) attempt to interfere with, compromise the
system integrity or security or decipher any transmissions to or from the servers running the
Service; (iv) take any action that imposes, or may impose at our sole discretion an unreasonable or
disproportionately large load on our infrastructure; (v) transmit or submit invalid data, viruses,
worms, or other software agents through the Service; (vi) use any spider, robot, scraper or other
automated access the Service for any purpose without our express written permission; (vii)
impersonate a different person or otherwise misrepresent your affiliation with a person or entity,
conduct fraud, hide or attempt to hide your identity; (viii) submit, post, upload, email, transmit
or otherwise make available any content or information that you do not have a right to make
available under any law or under contractual or fiduciary relationships; (ix) obstruct the proper
working of the Service; or (x) circumvent the measures we may use to prevent or restrict access to
the Service; (xi) submit, post, upload, email, transmit or otherwise make available any email
content from private parties; (xii) submit, post, upload, email, transmit or otherwise make
available content or posts that solicit purchases or use of merchandise, auctions, services or
commercial Web sites, including offers to trade, "wanted" posts, or charitable solicitations;
(xiii) submit, post, upload, email, transmit or otherwise make available any content including
another individual's contact information and/or email address.
6. Privacy Policy. EFR respects and acknowledges the importance of your privacy. Personal information
submitted in connection with the Service is subject to our Privacy Policy. For more information,
see our full Privacy Policy.
7. Copyright and Trademark Notice Information. All contents of the Site are Copyright ©2007 Equity
Funding Resources Group, 38782 Mt. Gilead Road, Leesburg, VA 20175 and/or its Providers and third
party vendors. All rights reserved. Equity Funding Resources.com trademarks and service marks and
other EFR logos and product service names are trademarks of EFR ("EFR Marks"). Without EFR's prior
permission, you agree not to display or use in any manner, the EFR Marks. All other logos or brand
names shown on the Site or through the Service are trademarks of their respective owners and/or
licensors, and you may not use such without such parties' express permission.
8. Proprietary Rights. You acknowledge and agree that the Service and any necessary software used in
connection with the Service (the "Software") contain proprietary and confidential information that
is protected by applicable intellectual property and other laws. You also agree that all materials
and/or content, including, but not limited to, articles, graphics, screen shots, logos, text,
drawings and other files on the Site or as part of the Service are copyrights, trademarks, service
marks, patents or other proprietary rights of EFR or their respective intellectual property owners.
Unless expressly authorized by EFR, you agree not to modify, copy, reproduce, sell, distribute or
create derivative works based on or contained within the Service or the Software, in whole or in
part.
EFR grants you a personal, non-transferable, non-sublicensable and non-exclusive license to use the
code of this Site, the Service and the Software on a single computer; provided that you do not copy,
modify, create a derivative work of, reserve engineer, decompile, reverse assemble or otherwise
attempt to discover any source code, assign, sell, sublicense, grant a security interest in or
otherwise transfer any right in the Software. You agree not to modify the Site or Software in any
manner or form, or to use modified versions of the Site or Software, including, without limitation,
for the purpose of obtaining unauthorized access to the Service by any means other than through the
interface that is provided by EFR for use in accessing the Service.
9. Links. EFR may provide links to third party websites; however, since EFR does not control these
websites, you acknowledge and agree that EFR is not responsible for the availability of such external
websites, and does not endorse and is not responsible or liable for any information, content,
advertising, products, whether financial or otherwise, or other materials on or available from such
websites. You also acknowledge and agree that EFR shall not be responsible or liable, directly or
indirectly, for any loss or damage caused or alleged to be caused by or in connection with use of
or reliance on any such content, products, goods or services available on or through any such
website.
10. Indemnification. You agree to indemnify and hold EFR, its subsidiaries, affiliates, agents,
shareholders, officers, contractors, vendors and employees harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising out of your use of
the Site, the Service or any Software, the violation of the Agreement by you, or the infringement
by you, or any other user of the Site, the Service or Software using your computer, of any
intellectual property or other right of any person or entity. EFR reserves the right, at its own
expense, to assume the exclusive defense and control of any matter otherwise subject to
indemnification by you.
11. No Warranty. EFR PROVIDES THE SITE, THE SERVICE, INCLUDING ANY SOFTWARE ASSOCIATED THEREWITH,
"AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY,
PERFORMANCE, RESULT, ACCURANCY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, EFR MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. EFR DISCLAIMS ANY
AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION: (i)
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, WORKMANLIKE
EFFORT, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (ii) WARRANTIES OR
CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (iii) WARRANTIES OR CONDITIONS
THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES
THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
12. Limitation of Liability. IN NO EVENT WILL EFR BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT
LIMITATION ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF,
BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SITE, THE SERVICE OR ANY SOFTWARE
ASSOCIATED THEREWITH, EVEN IF EFR HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THESE
LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF
CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) NEGLIGENCE, (5) TORT, OR (6) ANY OTHER
CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS
AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST EFR WITH RESPECT THIS AGREEMENT, THE
SITE OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING SUCH.
13. Release. YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE EFR AND ITS AFFILIATES,
PARTNERS, SERVICE PROVIDERS, VENDORS, AND CONTRACTORS AND EACH OF THEIR RESPECTIVE AGENTS, OFFICERS,
DIRECTORS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS,
CLAIMS, DEMANDS, COMPLAINTS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES,
COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER
ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SITE OR THE SERVICE.
14. Notice. EFR may provide you with notices, including those regarding changes to the Agreement, by
either email, regular mail, or postings on the Service. All notices to EFR must be made in writing
and mailed to:
Equity Funding Resources Group
Attn: Legal Department
38782 Mt. Gilead Road
Leesburg, VA 20175
15. Termination. You agree that EFR may, under certain circumstances and without prior notice,
immediately terminate your access to the Site or Service. Cause for such termination shall include,
but not be limited to: (i) breach or violation of the Agreement, other incorporated agreements or
the Privacy Policy in any manner; (ii) requests by law enforcement or other government agencies;
(iii) dismantling of the Site or discontinuance or material modification to the Service (or any part
thereof); and (iv) unexpected technical or security issues or problems. You agree that all
terminations for cause shall be made in EFR's sole discretion, and EFR shall not be liable to you or
any third party for any termination of the Site or access to the Service.
16. Dealings with Third Parties. Your correspondence or business dealings with any third parties as
a result of your visit to the Site and/or participation in the Service, including, but not limited
to, business dealings with mortgage lenders or brokers, insurance agents or carriers, or any other
terms, conditions, warranties, representations associated with such dealings, are solely between you
and such third party. You agree that EFR shall not be responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings or as the result of the presence of such
third party on the Service.
17. Disputes. This Agreement will be governed by and interpreted in accordance with the laws of the
Commonwealth of Virginia, without regard to the conflicts of laws principles thereof. The
United Nations Convention on Contracts for the International Sale of Goods does not apply to this
Agreement. Any action or proceeding arising from or relating to this Agreement must be brought
exclusively in a federal court in the Commonwealth of Virginia or in a state court in Loudoun County, Virginia.
The parties have agreed that this Agreement will be written and construed in the English language.
18. Modification to Service. EFR reserves the right at any time and from time to time to modify or
discontinue, permanently or temporarily, the Service (or any part thereof) with or without notice.
You agree that EFR shall not be liable to you or to any third party for any modification, suspension
or discontinuance of the Service.
19. Waiver and Severability of Terms. The failure of EFR to exercise or enforce any right or
provision of the Agreement shall not constitute a waiver of such right or provision. If any provision
of the Agreement is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the Agreement remain in full force and
effect.
20. Disclosure of Your Information. You acknowledge, consent and agree that EFR may preserve,
access, 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) abide by
legal process; (ii) enforce the Agreement; (iii) respond to claims that any information or content
violated the rights of any third parties; (iv) respond to your requests for customer service; or (v)
protect the rights, property, or personal safety of EFR, its users and the public.
21. Additional Terms. You acknowledge and agree that in addition to the terms of this Agreement, you
may also be subject to additional terms and conditions that may apply when you use or purchase
certain other EFR services, affiliate services, third party content or third party software.
22. Survival. The following paragraphs shall survive termination or your refusal to continue to use
the Service: 7, 8, 10, 11, 12, 13, 17, 22, and 23.
23. Statute of Limitations. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY
CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO USE OF THE SERVICE OR THE AGREEMENT MUST BE FILED
WITHIN ONE 3 MONTHS AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
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