Please be advised that Blackline Partners does not itself provide mortgage and/or home loan-related products and/or services, and the ultimate terms and conditions of any mortgage and/or home loan-related products and/or services made available via the Contact Services will be determined by the applicable Third Party Mortgage Service Providers. Blackline Partners does not originate or make loans nor make any credit decisions in connection with loans, nor does Blackline Partners issue loan commitments or lock-in agreements. Blackline Partners is not an agent of either you or any Third Party Mortgage Service Provider. Blackline Partners provides only administrative and marketplace services, by matching consumers, who are prospective borrowers, with Third Party Mortgage Service Providers who may be willing to provide them with mortgage and/or home loan-related products and/or services. You should always check with your financial advisors to be sure that any mortgage and/or home loan-related products and/or services offered by Third Party Mortgage Service Providers are appropriate for you.
Reliance on any information made available to you by us, including the Content, is solely at your own risk. Blackline Partners disclaims any and all liability for any loss, damage or injury based on information directly or indirectly obtained through the our site.
1. Scope; Modification of Agreement. The Agreement constitutes the entire and only agreement between Clients and Blackline Partners with respect to Clients' use of the Site, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. Blackline Partners may amend the Agreement from time to time in its sole discretion, without specific notice to clients; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and Clients should review the Agreement prior. The Client hereby agrees to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute).
2. Requirements; Termination of Access. Blackline Partners services are available only to individuals who can enter into legally binding contracts under applicable law. Blackline Partners services are not intended for use by individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdiction). If a User is under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in her/his jurisdiction) and/or if that User is unable to enter into legally binding contracts under applicable law, that Client does not have permission to use and/or access Blackline Partners. Blackline Partners may terminate a Client's access to our services at any time and for any reason, in its sole discretion. Such reasons may include, without limitation, where Blackline Partners believes that such Client is: (a) in any way in breach of the Agreement; and/or (b) engaged in any improper conduct in connection with Blackline Partners.
3. Third Party Mortgage Service Providers. Where a Client attempts to utilize the Blackline Partners, that Client may be required to submit, and Blackline Partners may collect, some or all of the following information: (a) the Client's e-mail address; (b) the Client's full name; (c) the Client's telephone number; (d) certain information pertaining to the Client's current financial condition, including employment, income, debt and credit-related information; and (e) any other information collected via Blackline Partners. Upon signing up with Blackline Partners: (i) Blackline Partners may pass your Data along to one (1) or more of its Third Party Mortgage Service Providers; and/or (ii) you may be contacted by Blackline Partners and/or one (1) or more of its Third Party Mortgage Service Providers regarding your request. Where Blackline Partners contacts you in connection with your submission of your Data, a Company representative may request additional information over the telephone including some or all of the following: (A) Client date of birth; (B) Client mailing address; (C) Client's emergency contact name and telephone number; (D) certain information pertaining to the Client's current financial condition, including employment, income, debt and credit-related information; and (E) any other information requested by the applicable Company representative (collectively, "Follow-Up Data," and together with the Data, the "Client Data").
4. Non-Endorsement; Passive Conduit.
(a) The Third Party Mortgage Service Providers that are accessible by and through the Blackline Partners pay a fee for access to the Client that utilize the Services. Blackline Partners does not guarantee that Clients will successfully find mortgage and/or home loan-related products and/or services through the Blackline Partners.
(b) Blackline Partners in no way endorses the content or legality of any responses, statements or promises made by Third Party Mortgage Service Providers or any other parties on the Site.
(c) The determination of the need for mortgage and/or home loan-related products and/or services and the choice of mortgage and/or home loan-related service providers are extremely important decisions and should not be based solely on advertisements, claims of expertise or cost offered by any Third Party Mortgage Service Provider. Blackline Partners does not review the standing of any Third Party Mortgage Service Providers with any regulatory authority and/or governmental agency. Therefore, Blackline Partners makes no representation regarding the status, standing or ability of any Third Party Mortgage Service Provider. When considering contracting with a Third Party Mortgage Service Provider, Users should check that Third Party Mortgage Service Provider's standing with applicable regulatory and/or governmental agencies.
(d) Blackline Partners does not involve itself in the agreements between Clients and Third Party Mortgage Service Providers or the actual provision of mortgage and/or home loan-related products and/or services in connection with the relationships created thereby. Therefore, Blackline Partners does not make any representations regarding the competency, trustworthiness, honesty, integrity and/or behavior of either its Users or Third Party Mortgage Service Providers. Each Client, and not Blackline Partners, is solely responsible for assessing the competency, trustworthiness, honesty and integrity of all Third Party Mortgage Service Providers that the Client communicates with.
5. Content; Third Party Links. The Site contains Content which includes, but is not limited to, text, video and other information pertaining to mortgage and/or home loan-related products and/or services, as well as regularly updated Third Party Links. The Content is offered for informational purposes only and is at all times subject to the disclaimers contained herein, and on the Site.
6. Interactions. Clients are solely responsible for their interactions with Third Party Mortgage Service Providers and other third parties. Because Blackline Partners is not involved in Client interactions, in the event that you have a dispute with one or more Third Party Mortgage Service Providers and/or other third-parties, you hereby release Blackline Partners from any and all claims, demands and/or damages (actual and consequential) 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.
7. Interactive Services.
(a) Subject to the restrictions contained herein including, without limitation, those contained below, the Interactive Services may allow Users to post comments, and engage in other interactive communication, by and through the Blackline Partners. In connection with the Interactive Services, each User shall be solely responsible for the comments, opinions, statements, offers, propositions, feedback and other content (collectively, "Feedback") posted by and through the Interactive Services. Blackline Partners reserves the right to prohibit any conduct by Users, or to remove any materials or Feedback posted by Users by and through the Interactive Services, that Blackline Partners deems, in its sole and absolute discretion, to be in violation of the Agreement and/or which Blackline Partners believes to be illegal, potentially harmful to others, otherwise objectionable or that same may expose Blackline Partners to harm, damage to reputation or liability. Notwithstanding the foregoing, Blackline Partners undertakes no responsibility to monitor or otherwise police the actions of Users, Feedback and/or other material posted by Users and/or other third parties. Blackline Partners shall have no obligation and incur no liability to such Users in connection with any Feedback. Users may find certain Feedback to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when viewing Feedback. You agree to use the Interactive Services in a manner consistent with, and in full compliance with, any and all applicable laws and regulations.
(b) In connection with your use of the Interactive Services, you agree not to: (i) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (ii) display any audio files, text, photographs, videos or other images containing confidential information; (iii) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community, as defined under applicable law; (iv) impersonate any person or entity; (v) "stalk" or otherwise harass any person; (vi) engage in unauthorized advertising to, or commercial solicitation of, other Users; (vii) transmit any chain letters, spam or junk e-mail to other Users; (viii) express or imply that any statements that you make are endorsed by Company, without Company's specific prior written consent; (ix) harvest or collect personal information of other Users whether or not for commercial purposes, without their express consent; (x) use any robot, spider, search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of Blackline Partners; (xi) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (xii) remove any copyright, trademark or other proprietary rights notices contained on the Site; (xiii) interfere with or disrupt the Site and/or the servers or networks connected to same; (xiv) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xv) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. "spamware"), services that send unsolicited advertisements, programs designed to initiate "denial of service" attacks, mail bomb programs and programs designed to gain unauthorized access to mobile networks; (xvi) "frame" or "mirror" any part of the Site without Blackline Partners prior written authorization; (xvii) use metatags or code or other devices containing any reference to any Blackline Partners in order to direct any person to any other mobile application or website for any purpose; and/or (xviii) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of Blackline Partners or any software used in or in connection with Blackline Partners. Blackline Partners reserves the right to pursue any and all legal remedies against Users that engage in the aforementioned prohibited conduct.
8. Representations and Warranties. Each Client hereby represents and warrants to Blackline Partners as follows: (a) the Agreement constitutes such Client's legal, valid and binding obligation which is fully enforceable against such Client in accordance with its terms; and (b) such Client understands and agrees that such Client has independently evaluated the desirability of utilizing Blackline Partners and that such Client has not relied on any representation and/or warranty other than those set forth in the Agreement.
9. Indemnification. Each Client agrees to indemnify, defend and hold Blackline Partners, its members, officers, directors, employees, agents and attorneys, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and/or expenses (including reasonable attorneys' fees, court costs and/or settlement costs) arising from and/or related to: (a) any dispute between that User and any Third Party Mortgage Service Provider or third party; (b) User's breach of the Agreement and/or any representation or warranty contained herein; and/or (c) Client's use of the Blackline Partners in any manner whatsoever including, without limitation, that Clients's Feedback. The provisions of this Section 9 are for the benefit of Blackline Partners, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
10. Disclaimer of Warranties. THE SITE OFFERINGS AND ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME ARE PROVIDED TO CLIENTS ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, BLACKLINE PARTNERS MAKES NO WARRANTY THAT THEY AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME: (A) WILL MEET ANY CLIENT'S REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL ENABLE ANY USER TO OBTAIN MORTGAGE AND/OR HOME LOAN-RELATED PRODUCTS AND/OR SERVICES AND/OR REALIZE ANY SPECIFIC ECONOMIC BENEFIT; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. BLACKLINE PARTNERS WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THIRD PARTY PROVIDERS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM COMPANY OR OTHERWISE THROUGH OR FROM THE SITE OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
11. Limitation of Liability. EACH CLIENT EXPRESSLY UNDERSTANDS AND AGREES THAT BLACKLINE PARTNERS SHALL NOT BE LIABLE TO THAT USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR INABILITY TO USE ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH BLACKLINE PARTNERS; (C) ANY DISPUTE BETWEEN ANY USERS, THIRD PARTY MORTGAGE SERVICE PROVIDERS AND/OR OTHER THIRD PARTIES; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER DATA; (E) THE FAILURE TO OBTAIN MORTGAGE AND/OR HOME LOAN-RELATED PRODUCTS AND/OR SERVICES AND/OR TO REALIZE ANY SPECIFIC ECONOMIC BENEFIT; AND (F) ANY OTHER MATTER RELATING TO THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. EACH USER HEREBY RELEASES COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF COMPANY TO ANY USER UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF BLACKLINE PARTNERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME, MAY BE BROUGHT BY ANY USER OR COMPANY MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER AND COMPANY. ACCESS TO THE SITE OFFERINGS WOULD NOT BE PROVIDED TO USERS WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF COMPANY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.