“Ask a Lender, LLC,” means the owner and operator of this website, mobile properties, and associated services, products, and all intellectual property (including tradenames, trademarks, and logos, content and software). Ask a Lender, LLC, is used interchangeably with “Ask a Lender,” “AskaLender.com,” “we,” “us,” “our,” “AAL,” “website” and “site.”
“Borrower(s)” means the person or persons who use the consumer-facing side of this website, including, but not limited to, the content and Lender search engines.
“Lender(s)” or “Participating Lender(s)” means the person or persons or company that uses the lender-facing side of the website, including the entry of loan programs that may be accessible by borrowers.
“Professional(s)” means the person or persons who create a profile on the website and who engage with and add content accessible to the consumer-facing side of the website, described above.
“User(s)” refers to any and all individuals or companies who use and/or access the website. Users are also referred to as “you” and “your.”
IV. Loan Inquiries
AskaLender.com is a unique online platform that uses a powerful lender-matching technology to connect consumers with lenders across a variety of loan types. There is no charge for this service. Ask a Lender offers advertising services to lenders as described in our Advertising Disclosure link found throughout our website.
Ask a Lender is not a lender, financial institution or otherwise a provider of loans of any type. We do not take mortgage or other loan applications, nor do we arrange loans. Instead, we provide a marketplace for lenders to connect with borrowers based on information provided by borrowers. Any borrower who discovers a lender through accessing our services must formally apply directly to the lender for any loan or lender services, which may include the payment of fees and/or professional services to the lender. Any fees and the refundability thereof are issues to be addressed directly with the lender. Ask a Lender does not endorse nor recommend one lender over another, nor do we guarantee the services requested or provided by lenders discovered through our services.
A. Search Engine Matching
AskaLender.com is a service provided to users, such as borrowers and lenders, where the potential needs of borrowers may be matched with loans and services offered by lenders. Ask a Lender offers 30 search engines that cover loan options in residential, commercial and multifamily mortgage, as well as business finance and personal loans. The borrower selects which lenders to contact from among those displayed in the search result. Ask a Lender provides a pathway for the borrower to make contact. The borrower-selected lenders are then responsible for giving the borrower information to use in deciding which lender is best for the needs of that individual.
Lenders who access AskaLender.com may enter details regarding their available loan programs and create lender profiles that offer descriptive information about themselves and the companies they represent. The profiles and lender programs provide the data that powers one or more of the search engines on our website.
Borrowers visiting AskaLender.com enter details into a search engine that compares the details to information lenders have entered. Borrower information may include locations, loan products, and credit-related information, such as bankruptcies or credit score estimates, among other subjects. Borrowers represent that all of the information in the loan request and matching services provided is true and correct to the best of their knowledge. Lenders on our website represent that they provided true and correct loan program and profile information.
After entering initial information, borrowers arrive at results pages, where they may access Advanced Search menus and provide further details for loan requests, actions which may modify the lenders on the results page. Borrowers may review the results pages and select lenders with whom they would like to have contact. Contact may be conducted in three ways:
- Borrowers fill out a contact information form, where they provide name, phone number and email address, and request AskaLender.com to forward the entered information and specific search parameters to selected lenders. When borrowers choose to give contact information to Ask a Lender, they agree to receive telephonic and/or electronic communications from selected lenders, even if the borrower is registered with any Do Not Call list. The terms of this consent are detailed on the form used to submit the borrower’s contact information.
- In a second method for contact, borrowers may contact lenders directly. Borrower may access lenders’ contact information by clicking through a search result to that lender’s profile.
- Clicking to contact a lender from certain search-engine results will open a new window displaying the lender’s website/application form. Borrowers will see the following message on the contact lender form: “Selected lender’s loan application will open in a new window.”
On results pages, one or more lenders may be identified as “Verified.” This is a paid enhancement offered to lenders. Generally, Ask a Lender verifies the lender has licensing. “Verified” has no meaning beyond this generality and Ask a Lender explicitly disclaims any warranty, express or implied, including without limitation of any kind the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, alleged to arise from use of our website and/or the content therein because of our services are provided “As is.”
The order in which lenders appear on a results page is driven by a proprietary algorithm. Learn more in the Advertising Disclosure link, accessible throughout our website.
Borrowers are responsible for their financial decisions. We provide a venue through which borrowers can obtain information and find third-party service providers, such as financial institutions, mortgage brokers, and other financial professionals, lenders or service providers. It is the borrowers’ responsibility to investigate service providers and lenders with which they do business. Borrowers acknowledge and agree that they rely on their own judgment in selecting any products, terms or services offered from sources discovered through our website. The borrower agrees that Ask a Lender will not be liable for any damages or costs arising out of or in any way connected with the use of our services.
Because of the open marketplace nature of our website, Ask a Lender notes that borrowers use our website at their own risk. Borrowers should maintain records of contacted lenders, and proceed deliberately and cautiously with lender communications.
Because lenders and borrowers form a business relationship with us when using our website and services, Ask a Lender employees may contact users telephonically, or by text message, email, mobile or other form of communication to inquire about your experience with our site and with any lender matches provided, even if the phone number or email address is on any Do Not Call/Do Not Contact list. Users expressly consent to this contact by visiting the site and/or using its services.
V. Login and Profile Information
A. Login Credentials
Users – industry professionals, borrowers and/or lenders – may create login credentials to post information. You must maintain the integrity of your information and security of your password. If our services require you to create a password, then it is your sole responsibility to maintain the security of that password. You agree that we shall not be liable for any loss you may suffer as a result of the authorized or unauthorized use of your password by a third party. You agree to immediately notify us by email of any unauthorized use of your password, any unauthorized use of any account you may have with us, any violation of this agreement, or any other breach of security known to you in connection with any product or service available on our services.
B. Participating Lender Profiles
Banks, Credit Unions, Savings and Loans, Real Estate Investment Trusts, Life Insurance Companies, non-depository lending companies, loan originators and their authorized agents, and other similarly licensed organizations and agents (together “participating lenders”) are welcome to input profiles and lending program criteria describing the loans, services and products they offer and/or control. We do not charge participating lenders to enter this basic information.
All participating lenders agree and covenant that they will maintain any and all licenses, permits, bonds, qualifications to transact business and other regulatory requirements mandated by any governmental body or regulatory authority by which the participating lender is subject to regulation or supervision in any state, territory or country in which it transacts business and/or states, territories or countries that constitute its lending territory on its Ask a Lender profile. The participating lender will maintain its compliance with this term at all times during which it has an active profile/loan program(s) on AskaLender.com.
Lenders agree to keep their profiles up to date, reflecting changes such as new phone numbers, addresses and names, as well as updating links on corporate profiles, adding new employees and deleting links to terminated employees. If the lender goes out of business, the individual and/or company agrees to delete its loan profile on AskaLender.com. Lenders agree to make these changes, updates and deletions as soon as is reasonably possible following the event that necessitates this action.
If the lender is licensed, such as with the National Mortgage Licensing System (NMLS) and/or under a state’s regulations, the lender warrants and promises that the license entered on the profile is active, in good standing and is likely to continue undisturbed, in all reasonable likelihood. The lender further covenants that it complies with all governmental body or regulatory authority concerning the licensing of its activities in all states, territories and countries that constitute its lending territory.
Any registration information and content participating lenders submit must describe the participating lender accurately and appropriately. Examples of inappropriate and prohibited user content include, but are not limited to, those that purport to represent an animal, place, inanimate object, fictional character, or real individual or company who is not the participating lender.
C. Individual Profiles
Lending industry professionals and individual loan originators create their own login credentials. Registration asks for the individual’s information, including name, company name, address, phone number, email address, licensing, a photo, loan types offered, and lending territory, as well as space for descriptions of specialties, abilities and reasons why the borrower should contact that person. If the person is licensed, such as with the National Mortgage Licensing System (NMLS) and/or under a state’s regulations, the person warrants and promises that the license entered on the profile is active, in good standing and is likely to continue undisturbed, in all reasonable likelihood. Lending industry professionals and individual loan originators further covenant that they comply with all governmental body or regulatory authority concerning the licensing of their activities in all states, territories and countries that constitute its lending territory, or extent of industry knowledge.
All lending industry professionals and individual loan originators agree and covenant that they will maintain any and all licenses, permits, bonds, qualifications to transact business and other regulatory requirements mandated by any governmental body or regulatory authority by which the individual is subject to regulation or supervision in any state, territory or country in which the individual transacts business and/or states, territories or countries that constitute their lending territory on their Ask a Lender profile. Industry professionals and individual loan originators will maintain their compliance with this term at all times during which it has an active profile/loan program(s) on AskaLender.com.
Industry professionals and individual originators agree to keep profiles up to date, such that they reflect changed phone numbers, addresses and names. If an individual goes out of business, the individual agrees to delete its loan programs. Lenders and company representatives agree to make these changes, updates and deletions just as soon as is reasonably possible following the event that necessitates this action.
Any registration information and content industry professionals submit must describe its company. Examples of inappropriate and prohibited user content include, but are not limited to, those that purport to represent an animal, place, inanimate object, fictional character, or real individual or company who is not the industry professional.
VI. Lender Search Engine Data
A. Lender Data Entry
After creating a profile, lenders (companies or individuals) may enter the details of loan programs they offer. These details are entered into Ask a Lender’s proprietary database. The submission of a loan program triggers certain covenants, listed below.
B. Lender Match
When a borrower enters search criteria in basic and/or advanced search sections, the Ask a Lender technology immediately queries all the loan programs in its database, and displays profiles of lenders whose programs exactly match the search criteria. The user may select one or more lenders, and provide contact information to Ask a Lender. If the user requests our services, we present the loan request to the lender, free of charge. The user may also click on a result to see the lender’s profile to find information to contact the lender directly.
Lenders who are matched by Ask a Lender consent and agree to receive loan request information and inquiries from us, whether telephonically, electronically or otherwise, and to reply to the inquiries reasonably promptly and with meaningful content.
The receipt of an Ask a Lender loan request triggers certain covenants, listed below.
The submission of a loan program and/or the receipt of an Ask a Lender loan request triggers these covenants by the lender (herein, “you”):
- The loan program actually exists to the best of the entrant’s knowledge;
- You control access to the loan program;
- In the case of a mortgage or loan broker, the lender covenants that you actually have access to that particular loan program as described;
- You will update elements of the loan program that change just as soon as is reasonably possible;
- You will delete or disable any and all loan programs:
- that you no longer offered;
- to which you no longer have access;
- in the event you cease doing business;
- The lender is solely responsible for determining the creditworthiness and the verification of the identity and loan requirements of the borrower;
- You will respond to the borrowers who submit loan requests and contact information to AskaLender.com, which is then forwarded to the selected lender, just as soon as is reasonably possible;
- You, and all policies and procedures related to the protection, processing, evaluation and other interaction with any borrower contacted through AskaLender.com, will abide by the Truth in Lending Act, The Telephone Consumer Protection Act, the CAN-SPAM Act, Equal Housing Opportunity, Fair Credit Reporting Act, Real Estate Settlement Procedures Act, Federal Home Mortgage Disclosure Act, Graham-Leach-Bliley Financial Services Modernization Act, Consumer Financial Protection Bureau regulations, and other federal and state regulations of lender conduct, as each one applies to your business, and other federal and state regulations of lender conduct concerning the possession, use and transfer of consumer information;
- You will notify Ask a Lender in the event that you receive a subpoena or other legal process referring to borrower information received from Ask a Lender, and to cooperate at your own expense in any efforts to comply or oppose such legal process. The lender agrees to hold Ask a Lender harmless, to indemnify Ask a Lender from any claims and to release us from any and all liability arising from the lender’s use of borrower information provided through Ask a Lender.
- You will not make any credit decision based on any of the Prohibited Bases identified in the Equal Credit Opportunity Act, or any applicable state laws;
- The borrower’s contact information will be used solely for communication with the potential borrower about the loan scenario that was submitted;
- The lender implements physical and other security measures as necessary to: 1) ensure the privacy, confidentiality and security of the borrower contact information and loan requirements received from Ask a Lender, and 2) protect against unauthorized access to and use of the information received from Ask a Lender;
- The borrower’s contact information obtained via AskaLender.com will not be sold, transferred or given to any individual or company other than that which was selected by the borrower, without that borrower’s express written consent to such information sharing;
- You will cease all efforts to contact any borrower accessed through AskaLender.com if and when any borrower contact makes a request for cessation of contact from the lender;
- You will respond to any borrower disputes and complaints within one business day, whether the dispute or complaint is communicated from the borrower or Ask a Lender;
- You will forward any borrower disputes or complaints about Ask a Lender or its website to Ask a Lender within one business day of receipt; and
- You will retain records of the transaction with a borrower in accordance with applicable law. In the case that Ask a Lender is requested to produce such records by legal process or other authority, the lender will cooperate with any request that Ask a Lender makes for such records in a timely manner.
Ask a Lender makes no warranty, covenant nor representation, stated or implied, as to the qualifications of a borrower to get a loan. The lender acknowledges that Ask a Lender will not conduct any independent investigation into the information supplied to us by borrowers, and lenders agree that Ask a Lender has no obligation to do so. Ask a Lender makes no representation or warranty concerning the adequacy, completeness or accuracy of any information provided to lenders by Ask a Lender or by any borrower.
VII. User Submitted Content
A. Borrower-Submitted Reviews
Borrowers can post reviews of lenders discovered through our site. As a user, you are solely responsible for your account information and any lender review that you submit, publish or display (hereinafter, “post”) on our site or transmit to other users. Ask a Lender has no obligation to screen communications or information in advance and is not responsible for screening or monitoring lender reviews users post. Anything you post or request that we post is your responsibility. However, we may review and delete or refuse to post any lender review that, in the sole judgment of Ask a Lender, violates this agreement, violates applicable law, rule or regulation, is offensive or illegal, or violates the rights of, harasses, harms or threatens the safety of users of AskaLender.com. We reserve the right to expel users and prevent their further access to the site for violating this agreement or applicable law, rules or regulations. We may take any action with respect to lender reviews that we deem necessary or appropriate in our sole discretion if we believe it may create liability for Ask a Lender or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without refund, including without limitation any funds paid for advertising on our site or any related websites, or any liability to a borrower who is terminated or whose access is blocked.
If notified of communications or postings which allegedly do not conform to this agreement, Ask a Lender may, in our sole discretion, investigate the allegation and determine whether to take any other actions and/or whether to remove or request the removal of the lender review. Ask a Lender has no liability or responsibility to users for performance or nonperformance of such activities. By using AskaLender.com, you release Ask a Lender from any liability regarding lender reviews, blogs and editorial content that you find objectionable on AskaLender.com.
B. Lender- and Professional-Submitted Blogs
Lenders and lending professionals may submit blogs (content) for publication (posting) in the Advice section of AskaLender.com.
Lenders are encouraged to post because blogging is used in the algorithm that ranks where you appear in search results. The algorithm is proprietary to Ask a Lender. This agreement expressly reserves ranking in search results to Ask a Lender. The participating lender agrees that it has no right whatsoever, neither express nor implied, to challenge or complain about where the lender appears in any particular search result. The lender that enters an advertising relationship with Ask a Lender will be afforded contract rights as described in the advertising contract.
You are solely responsible for your site account information and any content that you submit, publish or display (hereinafter, “post”) on the site or transmit to other users. We have no obligation to screen communications or information in advance and are not responsible for screening or monitoring content posted by users. Anything you post or request that we post is your responsibility. However, we may review and delete or refuse to post any content that, in the sole judgment of Ask a Lender, violates this agreement, violates applicable law, rule or regulation, is offensive or illegal or violates the rights of, harasses, harms or threatens the safety of users of the site. We reserve the right to expel users and prevent their further access to the site for violating the agreement or applicable law, rules or regulations. We may take any action with respect to content that we deem necessary or appropriate in our sole discretion if we believe it may create liability for Ask a Lender or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without refund, including without limitation any funds paid for advertising on the site, or any liability to a user who is terminated or whose access is blocked.
If notified of communications or postings which allegedly do not conform to this agreement, Ask a Lender may in our sole discretion investigate the allegation and determine whether to take any action and/or whether to remove or request the removal of the content. Ask a Lender has no liability or responsibility to users for performance or nonperformance of such activities. By using the site and services, you release Ask a Lender from any liability regarding content that you find objectionable on the site.
VIII. "Meet the Best" Lists and Advice Center
A. "Meet the Best" Rankings
Ask a Lender provides a number of webpages that present “Meet the Best” lists, which are rankings of professionals or companies in the mortgage industry. The word “Best” has no meaning beyond being the title of a given ranking. Ask a Lender offers advertising services to these individuals or companies as described in our Advertising Disclosure. An individual or company on a list and/or designated as “Pro” is not an endorsement or recommendation. Therefore, do not rely solely on information found at Ask a Lender to make your borrowing decision. Ask a Lender expressly denies any warranties, actual or implied, associated with the content provided in the “Meet the Best” lists.
B. Advice Center
There are a number of web pages with editorial content on AskaLender.com, grouped under the Advice Center menu selection. The Advice Center contains researched and verified educational content and opinion-driven content that is meant to help direct the borrower to a search engine that may reveal a lender match. Ask a Lender’s content in the Advice Center should not be deemed to be advice. Advice should be taken from those with whom you have a fiduciary relationship, not Ask a Lender. Therefore, do not rely solely on information found at Ask a Lender to make your borrowing decision. Ask a Lender expressly denies any warranties, actual or implied, associated with the content provided in the Advice Center.
IX. Intellectual Property Rights
A. Copyright Infringement
Except as set forth below, Ask a Lender owns the copyright on all content on the site.
To the extent that you own the copyright in any content you post on our site, by posting it to any public or non-public area of the site, you automatically grant us and our affiliates rights to publicly display your content, and you represent and warrant that you have the right to grant Ask a Lender and our affiliates such license rights. To the extent that you are not the owner of such rights, you also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted you the right to grant the license stated above. By posting you also permit any user to access, display, view, store, and reproduce such content for personal use. Subject to the foregoing, you retain any and all rights that may exist in such content placed on the site.
We comply with the Digital Millennium Copyright Act, title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws. Notifications of claimed copyright infringement should be sent by either express mail or U.S. mail to our designated agent. Our designated agent contact information is set forth below:
Ask a Lender, LLC
PO Box 692, Bothell, WA 98041
Attention: Brian Simmons
B. Proprietary Marks
Ask a Lender names, graphics, logos, page headers, button icons, scripts, and service names are our registered trademarks or trade dress in the United States and/or other countries (collectively, the "Proprietary Marks"). You may not use the Proprietary Marks without our prior written permission. We make no proprietary claim to any third-party names, trademarks or service marks appearing on our services. Any third-party names, trademarks, and service marks are the property of their respective owners.
You are solely responsible for any damages resulting from your infringement of our or any third-party's intellectual property rights regarding the Proprietary Marks, and/or any other harm incurred by us or our affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this agreement.
C. Your Use of the Content
We, or our licensors, own all rights, title and interest in the software and content made available on AskaLender.com. We grant you a limited license to access, print, download or otherwise make personal use of the content in the form of: 1) one machine-readable copy; 2) one backup copy; and 3) one print copy, for your non-commercial use, provided that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the content. You may not modify the content or utilize it for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble the content, or transfer the content to another person or entity.
You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our prior written permission.
D. Access and Interference
You agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor our services or any portion of our services or for any other purpose without our prior written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from our services without our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of our services or any activities conducted on our services; or (iv) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our services. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from our services for the sole purpose and solely to the extent necessary for creating publicly available search indices of the materials on our services, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. Except as expressly permitted in this agreement, you shall not collect or harvest any personally identifiable information, including account names, from our services.
X. Prohibited Content or Activities
We prohibit, and you agree not to post, content that:
- Is offensive, such as content that engages in, endorses or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Harasses, incites harassment or advocates harassment of any group or individual;
- Makes any defamatory or offensive comments about any other party on the site;
- Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
- Promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Infringes the intellectual property rights of a third party;
- Contains restricted or password-only access pages, or hidden pages or images;
- Displays or links to pornographic, indecent or sexually explicit material of any kind;
- Provides or links to material that exploits people under the age of 18 or solicits personal information from anyone under 18;
- Provides or creates computer viruses; or
- Solicits passwords or personal identifying information from other users.
In addition to the above, you agree you may not and will not use the website or services to:
- Collect or store personal data about others;
- Publish, transmit, distribute, store or destroy site content for any research or information-gathering purposes;
- Use the site’s services for any purpose other than as a professional, lender or borrower, including, but not limited to, using blogs, lender reviews and the advice center for purposes other than to facilitate communications among mortgage and lending professionals;
- Send unsolicited email; make unsolicited phone calls, send unsolicited faxes or engage in spamming, flooding, soliciting or mass marketing via any medium, regarding promotions and/or advertising of products or services to a user of the services, provided that a user who has given approval to display contact information on the site shall be deemed to have released ask a lender from any liability as a result of contact by other users, whether now or in the future;
- Impersonate any person or entity, including without limitation, an ask a lender employee or agent, a user of the services, including a lender or broker, or otherwise misrepresent your affiliation with any person or entity, or express or imply that any statements you make are endorsed by us or anyone other than yourself;
- Delete or revise any material posted by any other person or entity;
- Delete or modify any author attributions, legal notices or other proprietary designations or labels in any posting;
- Falsify the origin or source of any material contained in a file that is uploaded; or
- Aggregate, copy or duplicate in any manner any of site content or any information available from the website.
Ask a Lender reserves the right to, and may at its own discretion, remove or disable access to any content that is restricted as set forth above. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials or regulators.
Ask a Lender, LLC, is not a lender. We provide an open marketplace online where we may match borrowers’ loan requests and lenders’ loan programs, and offer methods for contact and communication.
Users provide the information in profiles, blogs and lender reviews on the site. We do not warrant or guarantee the truthfulness, accuracy, or reliability of content, or any other communications users post, nor do we endorse any opinions users express. Ask a Lender does not independently verify the information users provide or the identity of users. You acknowledge that any reliance on material that other users post will be at your own risk. We do not endorse any user of the site, nor the information and statements they post, regardless of their role in the industry.
The site content, including the information, names, images, pictures, logos and icons regarding or relating to Ask a Lender, its products and/or services (or to third party products and services), is provided "AS IS" and on an "AS AVAILABLE" basis without any representations. We do not warrant that the functions contained in the site content will be uninterrupted or error free, that defects will be corrected, or that the site or the server that makes it available are free of viruses, bugs, corrupt data, "trojan horses," "worms" or any other harmful software.
All material contained on the site, whether produced by our staff or third party, is published in good faith. We do not in any circumstance accept responsibility for the accuracy or otherwise of any profile, lender review, article, news story, advertisement or blog published, or other content, or its compliance with any legal or regulatory requirements (nor is any kind of warranty expressed or implied by such publication). Ask a Lender strives to ensure that information contained in this site is accurate at the time of inclusion. The accuracy of the material is not guaranteed, and users and readers using the information from the site do so entirely at their own risk.
Ask a Lender specifically disclaims all liability of any kind for loss or damage of any nature whatsoever and however arising, whether due to inaccuracy, error, omission or any other cause, and whether on the part of Ask a Lender or our employees or agents or any other person.
XII. Ask a Lender’s Limitations of Liability
A. User Communications
Ask a Lender provides a venue for users to share information for professional purposes. We do not screen or censor the content, nor are we involved in communications between users. As a result, we have no control over the accuracy, reliability, completeness, or truthfulness of any such information or communications, nor do we make representations about any information communicated through the site or services.
In addition, please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons, or people acting under false pretenses. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases, will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using the site and services. You assume all risks associated with dealing with other users with whom you come into contact through the site and services.
Because user authentication on the internet is difficult, we cannot and do not confirm that any user is who he, she or it claims to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on the site, in the event that you have a dispute with one or more users, you release Ask a Lender (and our agents and employees) from any and all claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
B. Site Content
Site content may from time to time contain inaccuracies or typographical errors. Ask a Lender makes no representations about the accuracy, reliability, completeness, or timeliness of the site or services. The use of the site and services is at your own risk. Changes are periodically made to the site and may be made at any time.
C. Disclaimer of Warranty
ASK A LENDER DOES NOT WARRANT THAT THE SITE OR SITE CONTENT WILL OPERATE ERROR FREE OR THAT THE SITE AND OUR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ASK A LENDER, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. ASK A LENDER MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, OR LINKS. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
E. Indemnification and Hold Harmless
F. Limitation of Liability and Disclaimer of Consequential Damages
IN NO EVENT SHALL ASK A LENDER OR ITS SUPPLIERS BE LIABLE TO ANY USER ON ACCOUNT OF THE USE OR MISUSE OF THE SITE OR SERVICES OR INABILITY TO USE THE SITE OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY FOR ANY DAMAGES WHATSOEVER, SUCH AS LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ASK A LENDER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. ASK A LENDER´S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE GREATER OF $100 OR AMOUNTS PAID FOR SERVICES.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
G. Applicable Law, Jurisdiction and Venue
This agreement is governed by the internal substantive laws of the State of Washington, without giving effect to any conflict of laws principles. You hereby consent to the exclusive jurisdiction of the state and federal courts sitting in King County, Washington.
Ask a Lender makes no claims that the site or services may be lawfully viewed or accessed outside of the United States. Access to the site or services may not be legal by certain persons or in certain countries. If you access the site or services from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
You and Ask a Lender agree that any and all disputes and claims relating in any way to this agreement (including the arbitrability of any claim or dispute and the enforceability of this paragraph), with the exception set forth in the next paragraph, shall be submitted to and resolved by means of confidential arbitration conducted in the State of Washington, Snohomish County. If you and Ask a Lender cannot agree on an arbitrator, one shall be appointed by the Presiding Judge of the Snohomish County Superior Court. The arbitration shall be conducted under the then prevailing Commercial Arbitration Rules of the American Arbitration Association ("AAA"). You and Ask a Lender may litigate in court only to compel arbitration under this agreement or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrator. The arbitration award shall be binding and may be entered as a judgment in any court of competent jurisdiction. This agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby excluded. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other current or former user of the services, whether through class arbitration proceedings or otherwise.
Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate Ask a Lender´s rights, contractual or otherwise, Ask a Lender may seek injunctive or other appropriate equitable relief in any state or federal court in the State of Washington, and you consent to exclusive jurisdiction and venue in such courts.
I. Waiver and Severability
Ask a Lender´s failure to exercise or enforce any right or provision of this agreement shall not constitute a waiver of Ask a Lender´s right to subsequently enforce such right or provision or any other rights or provisions of this agreement. No waiver of this agreement shall be effective unless in writing. If any provision of this 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 this agreement shall remain in full force and effect.
Ask a Lender may send you notice by sending you an email, or by posting on its website. If you wish to give a notice to Ask a Lender, you may do so by either email or regular mail at Ask a Lender, LLC, PO Box 692, Bothell, WA 98041-0692 Attn: Legal Department, and your notice will be effective only when received.