Home Savings of America
3390 Annapolis Lane, Suite B
Plymouth, MN 55447
General Information: 952.844.1565
This Web site is offered to you, the "User," conditioned on your
acceptance without modification, of the terms, conditions, and notices contained
in this agreement. Your use of this Web site constitutes your agreement
to all such terms, conditions, and notices. SECURITY POLICY Home Savings of America uses extensive and sophisticated secure technology to protect your
data and transmissions between you, Home Savings of America, banks, lenders
and loan brokers participating in this Web site (we refer to all of these
as "Lenders"), and real estate professionals participating in
this web site (the "real estate professionals"). Here are the
highlights: Transmission between browsers and our web server is implemented
using Secure Sockets Layer (SSL) technology. This technology requires an
SSL-capable browser such as MS Internet Explorer 3.0 (or later) or Netscape
Navigator 2.0 (or later). Transmissions between Home Savings of America and
participating Lenders or Home Savings of America and real estate professionals
are encrypted using public key cryptography algorithms with a minimum key
size of 128 bits. Our database is separated from our web server and is protected
by a firewall. Although Home Savings of America has taken these reasonable
and appropriate measures to ensure that your personal information is delivered
and disclosed only in accordance with your instructions, Home Savings of America cannot and does not guarantee that the personal information you provide
will not be intercepted by others and decrypted. LOAN ORIGINATION SERVICES
All of the information you have provided in this qualification form or application
is true and complete. You authorize Home Savings of America to check your
credit history, and to provide your information, including your credit history,
to up to four Lenders. 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 via the
Home Savings of America system. At the present time, Fair, Isaac and Co.
(the company that provides "FICO" credit scores) reports that,
for mortgage, home equity or auto loans, it consolidates all credit inquiries
that occur within a 14-day period into one inquiry for scoring purposes.
You understand that Lenders may keep this form, whether or not you are qualified
for a loan with them. Home Savings of America does not make credit decisions
in connection with loans. Home Savings of America is not an agent of any
participating Lender. Home Savings of America'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 Home Savings of America 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. This Web site and the services provided by Home Savings of America are available only in connection with (a) mortgage loans made on real property
located in the fifty states and the District of Columbia unless otherwise
specified, and (b) non-mortgage loans made to citizens and residents of
the United States. Loans may only be made to residents of, or secured by
real property located in, states where participating Lenders are licensed
or authorized to make such loans, as indicated herein under the section
titled "Lenders." Lenders are not attempting to make loans outside
of their authorized states or country by participating in and offering their
products on this Web site. Home Savings of America and/or participating Lenders
expressly reserve the right to discontinue, suspend or terminate the offering
of any loan product in any specific state through this Web site. Home Savings of America 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, Home Savings of America 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.
Home Savings of America does not charge you, the User, a fee to use our service.
Home Savings of America is paid a fee by participating Lenders for the goods,
facilities and services provided. Your use of this Web site constitutes
your agreement with this compensation arrangement. REAL ESTATE SERVICES
All of the information you have provided in this referral form is true and
complete. You authorize Home Savings of America to forward your information
to its network of real estate professionals. You understand that these real
estate professionals may keep this form, whether or not you complete a real
estate transaction with them. Real estate programs are administered by Home Savings of America, a licensed real estate broker. Home Savings of America does
not list or sell homes. Real estate brokerage activities are performed by
local licensed real estate brokers. Home Savings of America acts as a referring
broker by referring you to a local real estate broker. For its services,
Home Savings of America receives a real estate brokerage referral fee of
up to 35% of the local broker's commission. Your use of this Web site constitutes
your agreement with this compensation arrangement. Cash, gift certificates,
points or mileage incentives are only available to customers who use a Home Savings of America Network real estate professional to buy or sell their home.
Customers must have been connected with the real estate professional through
Home Savings of America to be eligible for incentives. Certain states require
that incentives be given as either a credit at closing or as a reduction
of your real estate commission. The programs may be available on modified
terms, or may be prohibited, in certain jurisdictions. Other restrictions
may apply. COPYRIGHT AND TRADEMARK NOTICES All contents of this Web site
are: Copyright © 2007 Home Savings of America and/or its suppliers,
participating Lenders, or real estate professionals, 5120 Edina Industrial
Blvd., Edina, MN 55439 All rights reserved. Home Savings of America is a
service mark of Home Savings of America. Other product and company names
mentioned herein, including the names of participating Lenders, may be the
trademarks of their respective owners. DISCLAIMERS AND LIMITATIONS Home Savings of America intends that the information contained in this Web site be
accurate and reliable; however, errors sometimes occurs. In addition, changes
and improvements to the information provided herein may be made by Home Savings of America at any time. THIS WEB SITE AND THE INFORMATION, SOFTWARE,
PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS."
HOME SAVINGS OF AMERICA 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 THIS 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 THIS WEB SITE IS
AT YOUR OWN RISK. HOME SAVINGS OF AMERICA 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 THIS WEB SITE OR WITH THE
DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING
OUT OF THE USE OF THIS WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART,
FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, EVEN IF HOME SAVINGS OF AMERICA 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
Home Savings of America 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 this Web site, including without limitation any claims
alleging facts that if true would constitute a breach by you of this agreement.
LINKS TO THIRD PARTIES This Web site may contain links to Web sites maintained
by third parties. Such links are provided for your convenience and reference
only. Home Savings of America does not operate or control in any respect
any information, software, products or services available on such Web sites.
Home Savings of America'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 Home Savings of America 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 this Web site, to the
goods or services provided by Home Savings of America, or to any acts or
omissions for which you may contend Home Savings of America 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 Mecklenburg
County, North Carolina. 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 Home Savings of America. In any arbitration,
Home Savings of America 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 therefor. 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 HOME SAVINGS OF AMERICA 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 Home Savings of America'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 Home Savings of America,
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 Home Savings of America and it supersedes
all prior or contemporaneous communications, promises and proposals, whether
oral, written or electronic, between you and Home Savings of America with
respect to this 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 North Carolina, 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. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR
RECORDS.