• Legal Policy

• Services Agreement

iQuoteShop.com Lender Services Agreement

THIS AGREEMENT FOR SERVICES ("Agreement") is made by and between iQuoteShop.com, LLC ("We" or "iQuoteShop.com"), a California corporation with its principal place of business at 1100 Irvine Blvd #332, Tustin, California, 92780 and You, a lender, mortgage company, or mortgage professional ("You," or "Customer") who hereby represent that You are authorized to enter into this Agreement.

The parties hereby agree as follows:

BY CLICKING THE "I ACCEPT" BUTTON, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT, THE TERMS AND CONDITIONS OF USE ("TCU") OF IQUOTESHOP.COM'S WEB SITE, AND IQUOTESHOP.COM'S PRIVACY POLICY, HEREBY INCORPORATED BY REFERENCE, AND EXPRESSLY AGREE TO, AND CONSENT TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS CONTAINED THEREIN and WAIVE ALL RIGHT TO REJECT THESE AGREEMENTS. THIS AGREEMENT SHALL HAVE THE SAME LEGAL EFFECT AND FORCE AS A WRITTEN AND SIGNED DOCUMENT.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, YOU MUST SELECT THE "I DO NOT ACCEPT" BUTTON. IF YOU DO SO, WE MAY PROMPTLY CANCEL YOUR PENDING TRANSACTION(S) (IF ANY) AND RIGHT TO ACCESS IQUOTESHOP.COM, LLC’S SITE AND YOU MAY BE UNABLE TO ACCESS THE SITE AND THE SERVICES THAT IT OFFERS. WE RESERVE THE RIGHT TO DECLINE YOUR ACCEPTANCE FOR ANY REASON, WITH OR WITHOUT NOTICE.

1. Term. The term of this Agreement shall begin on the date which You click the "I accept" button. For Exclusive licensed leads [defined in Section 5(a)] the term shall continue for a period of 45 days. For Semi-exclusive licensed leads [defined in Section 5(b)], the term shall continue 30 days. The term may be earlier terminated as provided in Section 11. After any termination, all rights will revert to iQuoteShop.com.

2. License from iQuoteShop.com. A "licensed mortgage lead" is defined as a set of data received from and relating to a single individual who has indicated that he or she is a potential or actual mortgage customer provided to Customer by iQuoteShop.com under this agreement. Subject to and in accordance with the terms and conditions of this agreement, iQuoteShop.com hereby grants Customer a limited, non-transferable, non-assignable license and right to licensed mortgage leads solely for Customer's use in its business of mortgage lending, including without limitation for purposes of conducting promotional and marketing campaigns using electronic and printed advertising, publicity, press releases, newsletters and mailings about or related to mortgages and mortgage referral services.

3. Reservation of rights. For Exclusive licensed leads and Semi-exclusive licensed leads, iQuoteShop.com agrees that, during the term, it will not to use the leads to market mortgage products or services to consumers. Except for that agreement, iQuoteShop.com expressly reserves all rights to use licensed leads and the information in them for any purpose whatsoever, and nothing in this agreement shall restrict iQuoteShop.com from using any information or data (e.g., names, addresses and the like) in the licensed leads to the extent that that information or data is independently derived by iQuoteShop.com.

4. Restrictions on the license. This license does not include the right to market, sell, sublicense, publish or otherwise distribute licensed leads to third parties. Customer agrees not to retain any copies of the licensed leads after the expiration of the term, will never add the information in them to any database, and will not use the leads to send any e-mails or communications of any sort with misleading subject messages, false routing information, or false email return addresses or like unfair or illegal communications. Customer may not resell, redistribute, or make unauthorized copies of the licensed leads. Use of the licensed leads is to be limited to Customer's employees at the Customer's principal place of business. Customer agrees to take all commercially reasonable steps to prevent the disclosure to third parties of any information in the licensed leads. Customer will be solely responsible for complying with all laws and regulations concerning its use of the licensed leads, and for all fees and payments related to its business and any related duties, tariffs, imposts and similar charges, and will indemnify and hold iQuoteShop.com and its officers, directors, representatives and agents harmless against claims resulting from Customer's breach of these obligations.

5. Lead Profiles. As part of the automated process of entry into this agreement, Customer will be asked to complete forms to create one or more Lead Profile. The Lead Profile(s) will specify whether Customer wishes to license, for each specific transaction, leads on an Exclusive or Semi-exclusive basis. These terms have the meanings below. IQuoteShop.com will use commercially reasonable efforts to ensure that Customer receives leads according to the preferences listed in its Lead Profile. However, it is solely the Customer’s responsibility to establish and maintain their Lead Profiles, and Customer shall be solely responsible for all leads sent to them based on preferences selected within the Lead Profile.

      5(a) Exclusive Licensed Leads. If Customer's Lead Profile specifies "Exclusive" leads, iQuoteShop.com will not license the same leads to third parties during the initial term.

      5(b) Semi-Exclusive Licensed Leads. If Customer's Lead Profile specifies "Semi-Exclusive" leads, iQuoteShop.com will license no more than 4 (four) parties to use the same lead during the term. After the 30-day license has expired, iQuoteShop.com reserves the right to resell the consumer response at its own discretion.

      5(c) Limitations on exclusivity. Customer acknowledges and agrees that neither Exclusive Licensed Leads nor Semi-Exclusive Licensed Leads may be exclusive or semi-exclusive to Customer, as iQuoteShop.com cannot guarantee that any individual person(s) subject of a specific licensed lead has not approached numerous contacts with the same inquiry, resulting in multiple leads for the same inquiry and/or individual(s). Further, on expiration of the term, iQuoteShop.com may license and use all licensed leads for any purpose whatsoever, including licenses to third parties, at its own sole discretion.

      5(d) Method of delivery. As part of the automated process of entry into this agreement, Customer will be asked to complete forms to create one or more Lead Profile. The Lead Profile(s) will specify whether Customer wishes to license, for each specific transaction, leads on Instant Delivery or Batch Delivery bases. These terms have the meanings below.

            5(d)(1) Instant Delivery. Instant delivery leads shall be delivered immediately to the e-mail address Customer specifies in its Lead Profile. When a prospective borrower's Free Loan Evaluation inquiry hits the iQuoteShop.com database, Customer will receive the borrower’s information as fast as current Internet technology will allow. This will usually be within 5 minutes or less, depending upon Internet traffic, Customer’s Internet service provider (ISP), and Customer’s e-mail software. When Customer chooses to receive leads via Instant Delivery, Customer will receive them at all times of day, 7 days per week unless Customer modifies or deletes its Lead Profile, or de-activates its account altogether.

            5(d)(2) Batch Lead Delivery. Batch delivery leads are gathered over a period of no more than 48 hours to fill Customer order based on Customer’s Lead Profile(s). Leads within any particular batch may be hours or minutes old while others may be up to 48 hours old. For example, if a Customer wishes to receive leads only Monday through Friday, the batch the Customer receives on Monday may contain leads from Monday as well as leads that came in on Saturday and Sunday.

            5(d)(3) Other/liquidated damages for misrepresentation. Customer's lead profile may also specify Microsoft Excel or Text E-mail format. Customer agrees to complete all such forms accurately and truthfully to the best of its current knowledge. If, in iQuoteShop.com sole discretion, a misrepresentation, omission or error by Customer damages iQuoteShop.com or its customers, the Customer agrees that, as a penalty, iQuoteShop.com may retain all funds in Customer's account as liquidated damages. The parties acknowledge and agree that the harm which would result to iQuoteShop.com from such a breach of this agreement would be extremely difficult to ascertain. Therefore, Customer agrees to pay liquidated damages in an amount equal to the amount in its account on each occasion that this section of this agreement is breached by it. The parties agree that this amount of liquidated damages represents a reasonable forecast of just compensation for the harm which would be caused by any breach, and is not a penalty. If a court concludes that this amount of liquidated damages constitutes an unenforceable penalty, the court may reduce the amount of liquidated damages to an amount that it deems just. Elements of damages difficult to determine as to value and extent of harm include loss of customer goodwill, loss of business advantage, harm to iQuoteShop.com's current or future business prospects by the misuse of its system or the improper disclosure or misuse of its business information. Nothing in this section shall be construed to limit iQuoteShop.com's rights to seek injunctive relief, or any other remedy, in law or in equity, in lieu of or in addition to the remedy provided for by this section.

6. Returns. The licensed leads will meet the standards established by iQuoteShop.com from time to time. It is Customer's responsibility to verify accuracy of information contained in the leads. If Customer believes that any lead is sub-standard (contains clearly false contact information), it must notify iQuoteShop.com LLC within 5 business days of purchase to receive credit. While refunds are not available, iQuoteShop.com will use commercially reasonable efforts to provide Customer with replacement leads on a dollar for dollar basis, if, on receipt of notice of a substandard lead, iQuoteShop.com verifies that it is substandard. IquoteShop.com shall not be responsible for any lead which is not confirmed received and shall have no obligation to deliver leads before receiving payment from Customer.

7. Payments. Customer agrees to accept the licensed leads and pay for them in accordance with the terms of this agreement. Customer agrees to prepay for all leads. iQuoteShop.com will not have any obligation to deliver licensed leads to Customer until verified funds have been received. When Customer’s account reaches a zero balance, iQuoteShop.com will no longer deliver licensed leads to Customer.

8. Access and control. Customer understands and agrees that the site may, at times, be inaccessible or inoperable for any reason, including, but not limited to: (i) equipment or communications malfunctions; (ii) periodic maintenance, repairs, or administrative reviews which we may undertake from time to time; or (iii) causes beyond our control or which are not reasonably foreseeable. iQuoteShop.com will store sensitive information on a secure server with limited Internet access and take other reasonable security precautions. Customer will be provided with an account ID and password allowing access to the site. Customer shall be solely responsible for the confidentiality of the ID and password and for any authorized or unauthorized access to this site by any person the ID and/or password. Customer agrees to notify iQuoteShop.com immediately of any unauthorized use of the password, ID, or any other breach of security discovered by Customer. iQuoteShop.com will provide technical assistance in dealing with any difficulties which may arise in connection with the Customer's use of the web site, and will attempt to provide such support in a timely manner, but make no guarantees that each inquiry will be addressed in a particular time frame. Neither iQuoteShop.com nor any of its employees can be held responsible to respond to Customer’s requests via telephone, e-mail, or fax to modify a Customer's Lead Profile. All modifications to Lead Profiles are Customer’s responsibility.

9. Warranties and indemnities, termination, disclaimers. Customer warrants and represents that: The person entering this agreement is over eighteen years of age and has all right, power, and authority to execute, deliver, and perform the agreement; Customer is qualified to enter the agreement because it meets all qualifications which may from time to time be listed on the iQuoteShop.com web site and because it is a licensed U.S. lending institution or mortgage company; it will conduct its business at all times (including, without limitation, performance of its obligations under this agreement) in a manner that reflects favorably on the goodwill and reputation of iQuoteShop.com, and will never publish, including electronically, material which is actually or potentially obscene, indecent, offensive, defamatory, unlawful, misleading, miscategorized, infringing of any proprietary or privacy right, third party contract, “SPAM” law, or violation of any law established in a "do not call" list or registry (including, but not limited to violation of any U.S. law or regulation, the federal rules and regulations known as and including the Telephone Consumer Protection Act of 1991, Telemarketing Act, Telemarketing Sales Rules, or the Do-Not-Call Implementation Act, and any later federal or state laws and regulations of similar effect), or other statute or regulation. Customer will defend, indemnify and hold iQuoteShop.com, its officers, directors and representatives harmless from and against any and all damages, liabilities, costs and expenses (including reasonable attorney's fees) incurred as a result of any third party claim arising out of (i) any breach or alleged breach of this agreement or any representation, warranty or obligation set forth in this agreement, or (ii) its use of licensed leads or any other information or assistance provided by iQuoteShop.com to it.

In connection with this indemnity, Customer will give iQuoteShop.com prompt notice of any claim against it (ii) provide such cooperation, at its own expense, in defense or settlement of the claim or action as iQuoteShop.com may reasonably request.

IQuoteShop.com may terminate this agreement effective immediately if Customer is in breach of this agreement, or if Customer (i) Makes a general assignment for the benefit of creditors, (ii) files a voluntary petition of bankruptcy, suffers or permits the appointment of a receiver for its business or assets, (iii) becomes subject to any proceedings under any bankruptcy or insolvency law where such proceeding has not been dismissed within sixty (60) days, or (iv) has wound up or liquidated, voluntarily or otherwise. Further, we reserve the right, at our sole discretion, to terminate this agreement for any reason or no reason. IQuoteShop.com's web site(s) and all contents of the web site are provided AS-IS, and iQuoteShop.com EXTENDS NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE LEADS OR ANY OTHER GOODS OR SERVICES PROVIDED TO OR RECEIVED BY CUSTOMER. NO WARRANTIES ARE GIVEN THAT THE WEB SITE WILL BE SECURE, UNINTERRUPTED, ACCESSIBLE, OR ERROR-FREE; AND/OR THAT ANY INFORMATION OR MATERIAL OBTAINED FROM THE SITE WILL BE ACCURATE, RELIABLE, COMPLETE, OR FREE FROM VIRUSES OR OTHER FORMS OF MALICIOUS OR DESTRUCTIVE CODE. NO ADVICE OR INFORMATION OBTAINED FROM iQUOTESHOP.COM, WHETHER IN ORAL, WRITTEN OR ELECTRONIC FORM SHALL CREATE ANY WARRANTY OR OBLIGATION NOT EXPRESSLY STATED IN THIS AGREEMENT.

IQuoteShop.com will not be liable, under any circumstances, for special, punitive, indirect, incidental, or consequential damages and UNDER NO CIRCUMSTANCES SHALL iQuoteShop.com BE LIABLE TO Customer OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SITE OR SERVICE, OR THE INTERNET GENERALLY, INCLUDING, BUT NOT LIMITED TO: (A) USE OR INABILITY TO USE THE SITE; (B) ANY CHANGES TO OR INACCESSIBILITY OF THE SITE; (C) ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY TRANSMISSION OR DATA; (D) ANY MATERIAL OR DATA TRANSMITTED OR RECEIVED OR NOT TRANSMITTED OR RECEIVED; AND/OR (E) ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. Customer understands that leads may contain inaccurate information entered by potential mortgage customers and others, and that iQuoteShop.com has made no effort to verify that information. In no event will iQuoteShop.com's liability to Customer exceed the total amount paid to it by Customer under this agreement. No claim or action relating to this agreement may be instituted more than one (1) year after the event giving rise to such action or claim. This provision will survive any termination of this agreement.

10. Modification and Amendment. IQuoteShop.com has the right, at any time and without notice, to add to or modify the terms of this agreement, the TCU, and/or the Privacy Policy by posting such amended terms on the web site. Customer's access to or use of the site after the date such amended terms are posted shall be deemed to constitute acceptance of such amended terms. No modification made by Customer shall be binding unless it is made in writing and signed by iQuoteShop.com.

11. Other provisions. This agreement will be governed and construed in accordance with the laws of the state of California without giving effect to its conflict of law principles. Customer hereby irrevocably consents to the personal jurisdiction of and venue in the state and federal courts located in Orange County, California with respect to any action, claim or proceeding arising out of or related to this agreement and agrees not to commence or prosecute any such action, claim or proceeding other than in such courts. If any provision of this agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision which most closely approximates the intent and economic effect of the invalid provision. In the event that it is necessary for either party of this agreement to employ an attorney to enforce its terms or to file an action to enforce any of the terms, conditions or rights contained herein, or to defend any action then the prevailing party in any such action shall be entitled to an award of its reasonable attorney fees, costs and expenses. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section, or in any way affect this agreement. This agreement may be executed in one or more counterparts, each of which will be deemed an original and all of which will be deemed to be one instrument, and electronically executed copies of the agreement will be equivalent to original documents. This agreement and its exhibits set forth the entire understanding and agreement of the parties, and supersede any and all prior or contemporaneous oral or written agreements or understandings between the parties, as to the subject matter of this agreement. In the event of any conflict between the agreement and an exhibit, the terms of the exhibit will control.