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Terms & Conditions

Last Updated: 10/2/2012

By accessing the MyLoanAdvisor.com web site and using the services on this site, you agree to be bound by the terms and conditions (“Terms”) below. Please read these Terms carefully. If you do not agree to these Terms, do not access or use this web site. The MyLoanAdvisor.com web site is operated by encompass Consulting Group, LLC. All references below to MyLoanAdvisor.com include encompass Consulting Group, LLC.

Loan Matching Service

MyLoanAdvisor.com’s loan matching service matches consumers with prospective lenders participating in MyLoanAdvisor.com’s direct network of lenders (“participating lenders”). To use the service, you must complete one or more online application forms that request specific information from you, including, but not limited to, your name, address, telephone number, email address, social security number, banking account information, and employment information. MyLoanAdvisor.com’s collection and use of this information is subject to this site’s Privacy Policy. In order to use this web site or the service, you must agree to the separate terms and conditions set forth in the Privacy Policy, which are incorporated herein by reference.

Once a consumer submits the application form(s) to MyLoanAdvisor.com, MyLoanAdvisor.com shares your information with one or more participating lenders. By submitting the application form(s), you understand and agree that you are submitting an inquiry about a loan product to MyLoanAdvisor.com and each of the participating lenders to whom MyLoanAdvisor.com transmits your loan request. By submitting the application form(s), you are extending an express invitation to MyLoanAdvisor.com and each of the participating lenders with whom your information is shared to contact you by any means (including, without limitation, email, telephone, and direct mail) so that they may assist you with your transaction or provide information to you about additional offers in which you may be interested.

By submitting the application form(s) you authorize MyLoanAdvisor.com to pull your credit report for the purpose of soliciting an offer to finance your loan from our lender network; you authorize any lender to which MyLoanAdvisor.com has submitted your application for credit to pull your credit report in order to evaluate your application;you consent to the sharing of the information you have provided in the application and any credit reports obtained by MyLoanAdvisor.com with the lender network.

Participating lenders who receive your application information from MyLoanAdvisor.com review your information in real-time to determine whether your information meets the lender’s loan qualification criteria. Participating lenders may, among other things, verify your social security number, perform a credit check, and review your information against national databases (such as Teletrack, DP Bureau or DataX) that tracks consumer transactions with lending institutions. By submitting the application form(s), you agree to allow participating lenders to review, verify, and research your information in such manner.

If a participating lender determines that your application meets its loan qualification criteria, the MyLoanAdvisor.com web site will open a new web page identifying the name(s) and contact information of the lender(s), or redirect your browser to the lender’s web site. You understand and agree that, once you have been redirected to the lender’s web site, MyLoanAdvisor.com has no further involvement in the loan application or approval process. Your subsequent interactions with the lender are subject to privacy policy, terms of use, and other policies and/or terms enforced by that lender.

MyLoanAdvisor.com is not a lender and does not make loans or credit decisions in connection with its loan matching service. MyLoanAdvisor.com does not guarantee acceptance into any particular loan program or specific loan terms of conditions with any participating lender. MyLoanAdvisor.com does not guarantee that the price, product, availability, rates, fees, or any other loan terms offered and made available by participating lenders through the loan matching service are the best terms available in the market.

MyLoanAdvisor.com does not endorse or recommend the products of any particular lender. MyLoanAdvisor.com is not an agent of you or any participating lender. MyLoanAdvisor.com is not involved with the lender’s use and/or review of your application information or in making a determination about whether you meet a particular lender’s loan qualification criteria. The lender is solely responsible for its services to you, and you agree that MyLoanAdvisor.com shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of the loan matching service. You understand that participating lenders may keep your application information, whether or not you are qualified for a loan with them.

Electronic Documents

By completing all required fields in your application, selecting “You read and agree to the consent for electronic documents,” and clicking the “Submit” button on our website application page, you acknowledge and agree:

1. That you can receive documents electronically and can access and retain those documents;

2. That you can receive and read email messages sent to the email address in your application;

3. That you can access information provided electronically at our web site and other web sites related to your application;

4. To receive documents electronically and to store or print those documents for your records;

5. That the actions described here or on the documents will serve as your electronic signature on any such documents; and

6. That you are providing your consent to receive electronic communications from us under the Electronic Signatures in Global and National Commerce Act, and intending that this law apply to your transactions with us.

Please remember to always print and retain copies of all Agreements and Loan Documents related to your loans for your records.

Control over Features, Functions, and Access to the Service

MyLoanAdvisor.com reserves the right to change any information, features and/or functions of the loan matching service without prior notice. MyLoanAdvisor.com may deny you access to all or part of the services without prior notice if you engage in any conduct or activities that MyLoanAdvisor.com determines, in its sole discretion, violate these Terms, the rights of MyLoanAdvisor.com or any third party, or is otherwise inappropriate. MyLoanAdvisor.com is not responsible for any errors or delays in providing the loan matching services caused by errors in any of the application information provided by you or by any technical problems beyond our reasonable control.

Disclaimers and Limitations

THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” MyLoanAdvisor.com EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. MyLoanAdvisor.com MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE ACHIEVED BY USING THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT. USE OF THIS WEB SITE AND/OR MyLoanAdvisor.com’s SERVICES IS AT YOUR OWN RISK. MyLoanAdvisor.com AND/OR ITS PARTICIPATING LENDERS OR ADVERTISERS OR ANY OF THEIR
OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS, OR SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE AND/OR MyLoanAdvisor.com’s SERVICES 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 MyLoanAdvisor.com OR ITS PARTICIPATING LENDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY AND DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMERS AND LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF MyLoanAdvisor.com, ITS PARTICIPATING LENDERS, AND THEIR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS AND SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnity

As a condition of using this web site and/or the services offered herein, you agree to indemnify MyLoanAdvisor.com and its participating lenders 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 these Terms.

Links to Third Parties

This web site may contain links to other web sites operated by participating lenders or other third parties. Such links are provided for your convenience and reference only. MyLoanAdvisor.com does not operate or control in any respect any information, software, products or services available on such third party sites. MyLoanAdvisor.com’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.

Dispute Resolution

Any controversy or claim arising out of or relating to the use of the web site, to the goods or services provided by MyLoanAdvisor.com, or to any acts or omission for which you may contend MyLoanAdvisor.com is liable, including but not limited to any controversy or claim as to arbitrability (“Dispute”), will be settled finally and exclusively by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association in effect at that time. The arbitration will be conducted in the state of Kansas and judgment on the arbitration award may be entered into any court of competent jurisdiction in the state of Kansas. No arbitrator shall have the power to award damages in connected 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 of disputes involved.

THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND MyLoanAdvisor.com WILL BE RESOLVED BY BINDING ARBITRATION. THUS, YOU 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. By using MyLoanAdvisor.com’s service, you consent to these restrictions.

In the event the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and MyLoanAdvisor.com, you agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in the state of Kansas. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Other Terms

By providing your cell phone number, you are agreeing to receive promotions from us and our partners on your mobile phone. We do not charge you to participate in this program. Under no circumstances will we be responsible for fees that your wireless carrier or other third parties may charge you for use of the Service.

These Terms constitute the entire agreement between you and MyLoanAdvisor.com. These Terms shall be governed by the laws of the state of Kansas without regard to its conflict of law provisions. If any part of these Terms is determined unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall remain in effect. Any failure by MyLoanAdvisor.com to exercise or enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. MyLoanAdvisor.com may amend these Terms at any time by posting the amended terms on its web site. All amended terms are automatically effective immediately, upon posting.

Questions

You may direct any questions concerning these Terms to:

info@encompasscg.net

Contact us today with any questions.

Copyright (c) 2012 MyLoanAdvisor.com. All rights reserved. Other product and company names mentioned herein, including the names of participating lenders, may be the trademarks of their respective owners.

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