1. Your Use of Our Website. You may not use or register with our website if you are under the age of eighteen (18) years old. Your use of our website may be interrupted from time to time due to website upgrades, technical malfunctions, or repairs. At any time, we have the right to change or discontinue all or part of the website, or charge, modify or waive fees pertaining to use of the website. You use our website at our discretion, meaning that at any time and without notice, we may suspend or terminate your access to our website and all services provided from same. We also may delete any and all content you have provided at our sole and absolute discretion at any time and for any reason whatsoever. You must not use our website for any illegal, unauthorized, or immoral purpose. You agreed to comply with all federal, state, and local laws, and rules and regulations applicable to your use of our website.
3. Marketing Lead Generator / Not a Lender. PCS is a marketing lead generator and is required to be licensed as a mortgage broker. However, PCS does NOT take loan applications, make loans, make credit decisions in connection with loans, or issue loan commitments or rate locking agreements. PCS only puts lenders and prospective persons that want loans in touch with one another. All loan inquiries by you are not applications for credit. Such inquiries are to be matched with prospective lenders that may or may not make a conditional loan offer to you. You have not been pre-approved or pre-qualified for any loan by submitting an inquiry to us. PCS is paid a marketing lead generation fee by lenders for the services we provide, and depending on the lender such fee may be included in your rate, points or loan terms in the event you receive a conditional or unconditional offer from a lender. PCS is not a lender, agent or broker and does not endorse or recommend the products of any particular lender. PCS strongly recommends you perform your own due diligence on each potential lender prior to entering into any agreement or other arrangement. PCS is not your agent in any capacity whatsoever and has no involvement in any transaction between you, a lender, and any other third party. All application fees, appraisal costs, credit report costs may be required by a lender prior to such lender extending you an unconditional loan offer, and you will be responsible for all closing costs associated with your loan.
4. Matching of Lenders with Consumers. You understand and agree that by using our website and submitting your request to be matched with lenders, you are providing written instruction under the Fair Credit Reporting Act for us and the lenders with whom you are matched to obtain your consumer credit report, credit score and other information from a consumer reporting agency in order to provide you with quotes and verify your identity. All decisions on whether to extend you a conditional or unconditional loan offer will be the sole and final decision of the lender(s). Using our website does not guarantee you credit or a loan, the lowest market rates, or that any of the lenders you gain access to from using our website will agree to work with you.
5. Loan Products. The lender is solely responsible for services to you and you agree that PCS will not be liable for any damages or costs of any type arising out of or in any way connected with your use of the PCS website. You should rely on your own judgment and decide which available loan product, terms and lender best suits your needs and financial means (if any). PCS reserves the right for any reason to terminate or suspend any loan product offered through the website at any time without prior notice.
6. Information Transfers. In submitting a request to us, we may ask for your name, Social Security Number, address, telephone number, date of birth and other important Personal Information to allow us to verify your identity and match you to offers. By submitting a request on our website, you agree to allow us to transfer all of your Personal Information you provided in your request to third parties, including but not limited to lenders, whether or not you have specifically selected such third party or lender. If any third party or lender wishes to provide information to you in connection with your request, you will be contacted regarding the offerings and related pricing, and such third party or lender may keep your Personal Information and Other Information provided by us in connection with your request whether or not they offer you a product or service. Please notify such third party or lender directly if you no longer wish to receive communications from them.
7. Electronic Submissions of Information and Communication. All information (personal or otherwise) and data submitted through our website is solely at your own risk. When you visit our website or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy all legal requirements that such communications be in writing.
8. Intellectual Property Rights. All of the material included on our website, including trademarks, text, graphics, logos and service marks, is the property of PCS and other parties. Any unauthorized download or use of such material is strictly prohibited without the express written consent of PCS or such third party that owns the intellectual property rights.
9. No Recommendations. All website content and services are solely for your convenience and are not intended to constitute professional advice. Accordingly, you should seek professional advice and recommendations prior to entering into any transaction via the website or introduced to you via the website.
10. License and Access. Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-licensable license to access and make personal and noncommercial use of our website and to use and take advantage of the services provided on the website. This license does not include any commercial use of the PCS website in any form whatsoever without our express written consent. You will not use robots, data mining, or similar data gathering and extraction tools when interacting or using our website. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of us or any of our affiliates without our or their express written consent. You may not use any meta-tags or other hidden text utilizing our name or trademarks without our express written consent. All rights not expressly granted to you in this Agreement are reserved and retained by us, and any unauthorized use of the website or services provided thereon terminates the permission or license to access and use our website.
11. Abuse. Without limiting our other remedies, we may limit, suspend, or terminate our services and your user account(s) at our sole discretion and without notice in the event we think you are abusing our services, you fail to follow the terms and conditions of this Agreement, you are creating problems or potential legal liabilities, you are infringing on the intellectual property rights of us, any of our affiliates, any third parties, or you are acting inconsistent with our policies or the spirit of our policies.
12. Use of External Websites. All use of external websites are done at your own risk, regardless of any links that may be present on our website that may lead you to such external website. We do not endorse any external websites including but not limited to any content, products, or advertising from such external websites. You use such external websites at you sole risk.
13. Username, Passwords & Security. You will at all times maintain the confidentiality of your username and password (if any). In the event there is a breach of security through your account, you must immediately change your password and also notify us at firstname.lastname@example.org. YOU AGREE TO WAIVE ALL CLAIMS AGAINST US IN THE EVENT THE SECURITY OF YOUR ACCOUNT IS COMPROMISED. FURTHER, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD US HARMLESS IN THE EVENT WE INCUR DAMAGES TO OUR INTELLECTUAL PROPERTY OR OTHER FINANCIAL DAMAGES DUE TO A BREACH OF CONFIDENTIALITY. YOU ACKNOWLEDGE THAT YOU ARE FULLY RESPONSIBLE AND LIABLE FOR ALL INTERACTION WITH THE WEBSITE THAT OCCURS IN CONNECTION WITH YOUR USERNAME AND PASSWORD.
14. Entire Agreement; Modification. This Agreement embodies the entire agreement between us and you. We may modify or change this Agreement from time to time, and your use of our website after such modification will constitute your acceptance of all such modifications. We may or may not notify you of any or all modifications to this Agreement, thus it is your responsibility to review this Agreement prior to each use of our website.
15. DISCLAIMER OF WARRANTIES. BY USING OUR WEBSITE, YOU EXPRESSLY AGREE YOU ARE USING OUR WEBSITE AT YOUR OWN RISK. WE PROVIDE AND SUPPORT THE WEBSITE ON AN "AS IS" BASIS. WE AND ALL LENDERS OR OTHER THIRD PARTIES THAT ARE AFFILIATED WITH OR PART OF THE WEBSITE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE, ALL LENDERS AND OTHER THIRD PARTIES MAKE NO WARRANTY WHATSOEVER THAT THE WEBSITE OR ANY SERVICE PROVIDED THEREUNDER WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, OR SECURE. ACCORDINGLY, WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, AS TO THE CONFIDENTIALITY OR PRIVACY OF ANY OF THE USERS INFORMATION OR REGISTRATION DATA, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE. ALL MATERIAL DOWNLOADED FROM THE WEBSITE OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN SOLE DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ALL DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM SAME. WE MAKE NO WARRANTY WHATSOEVER REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE OR ANY TRANSACTION ENTERED INTO THROUGH THE WEBSITE AND WE ARE NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY LENDERS OR THIRD PARTIES SELLING THROUGH OUR WEBSITE OR OTHER USERS.
16. LIMITATION OF LIABILITY / FULL RELEASE. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE OUR WEBSITE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FROM LOSS OF PROFITS, USE, DATA OR ANY OTHER ITEM. UNDER NO CIRCUMSTANCES WHATSOEVER WILL WE BE LIABLE FOR ANY DAMAGES OR COSTS EXCEEDING ANY AMOUNTS PAID TO US FOR YOUR USE OF THE WEBSITE. YOU HEREBY RELEASE AND FOREVER DISCHARGE US AND OUR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, MANAGERS, MEMBERS, SUPPLIERS, LICENSORS AND LICENSEES FROM ALL COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, AND COSTS OF ANY NATURE AND KIND WHATSOEVER, WHETHER KNOWN OR UNKNOWN, THAT EXIST NOW OR IN THE FUTURE, WHICH ARISE FROM OR RELATE TO YOUR USE OF OUR WEBSITE.
17. PCS NOT RESPONSIBLE FOR THIRD PARTY ACTS OR OMISSIONS. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY THIRD PARTY ACTS OR OMISSIONS INCLUDING BUT NOT LIMITED TO ANY QUOTES OR SERVICES THAT ANY SUCH LENDER OR THIRD PARTY MAY PROVIDE, ACTS OR OMISSIONS FROM A LENDER OR THIRD PARTY CONTACTING OR FAILING TO CONTACT YOU, FOR ANY LENDER OR THIRD PARTY PERFORMANCE OR FAILURE TO PERFORM, ANY DUTIES, OBLIGATIONS OR SERVICES ON YOUR BEHALF, OR FOR ANY OTHER REASON WHATSOEVER.
18. Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent. We reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time and for any reason without your consent.
19. Indemnification. You agree to indemnify, defend and hold us (and third parties we work with, or lenders we work with) and our subsidiaries, affiliates, directors, officers, managers, members and employees harmless from all claims and demands, including reasonable attorneys fees, arising out of your use of the website regardless of fault.
20. Waiver. No waiver of any term or condition of this Agreement will be effective unless it is in writing and is signed by us, and then only in the particular circumstances specified. No failure by us to exercise any right or privilege provided for herein, or to require timely performance of any obligation herein in strict accordance with the provisions hereof, will preclude the exercise of such rights or privileges or the enforcement of such obligations in different circumstances or upon the reoccurrence of the same or similar circumstances. Moreover, the exercise of any remedy provided for at law, in equity, or herein will not impliedly preclude the exercise of any other remedy except when, and then only to the extent that, the other remedy is expressly forbidden or limited by the provisions hereof.
21. Severability. In the event that a court of competent jurisdiction determines that any portion of this Agreement is in violation of any statute or public policy, then only the portions of this Agreement which violate such statute or public policy will be stricken. All portions of this Agreement which do not violate any statute or public policy will continue in full force and effect. Further, any court order striking any portion of this Agreement will modify the stricken terms to give as much effect as possible to the intentions of the parties under this Agreement.
22. Arbitration. At our election, any and all disputes under this Agreement between you and us may be resolved by binding, individual arbitration and not in court or by jury trial, jury trial being strictly prohibited by this Agreement. By using our website, you give up your right to participate as a class member on any class claim you may have against us including but not limited to all rights to class arbitration, consolidation of individual arbitrations, and any and all lawsuits filed in court consistent with this Agreement. We may, in our sole and absolute discretion, elect arbitration under this paragraph in this Agreement in order to expedite a resolution to any dispute arising hereunder, but we are not required to do so. The rules of the American Arbitration Association will govern any arbitration pursuant to this Agreement.
23. Governing Law / Venue. This Agreement is governed by and construed under and in accordance with the laws of the State of Arizona and the United States of America. Venue for any action will take place in state court, Maricopa County Superior Court, Phoenix, Arizona, regardless of any conflict of laws. Notwithstanding the foregoing sentence, solely at our election, we may move your case to any Federal District court in the State of Arizona. By using our website, you agree to waive all rights to have any matter heard by any court other than as set forth in this paragraph, and you agree to the exclusive jurisdiction and laws of the State of Arizona.
24. Waiver of Jury Trial. In the event suit is brought about or an attorney is retained by any user of our website pertaining to this Agreement, the court and not a jury will hear such matter. You agree to waive any and all rights to a jury trial.
Pinnacle Consulting Services
c/o Support and Administration
14350 N. 87th Street, Suite 105
Scottsdale, Arizona 85260