Welcome to the LoanOptimizer.com web site ("Site"). The following basic terms govern
your use of our site. Please note that the use of our Site constitutes your agreement
to follow and be bound by these terms (the "Agreement"). Each financial institution
(Bank, Bank Holding Company, Savings & Loan, Credit Union, or otherwise) that
accepts this Agreement is referred to herein as a “Member”. Each Member may post
loan information “Member Loan Content”.
We may modify this Agreement at any time. All modifications to this Agreement are
effective 30 days from posting of notice to Members. Each Member is responsible
for reviewing modifications and may terminate Membership if a modification to this
Agreement is unacceptable. By continuing to use LoanOptimizer.com, each Member accepts
all modifications made.
Unless otherwise noted, all materials, including images, illustrations, designs,
icons photographs and written and other materials that appear as part of this Site
(Collectively, the "Contents") are copyrights, trademarks, trade dress and/or other
intellectual properties owned, controlled or licensed to LoanOptimizer.com. Inc.
The Site as a whole is protected by copyright and trade dress, all worldwide rights,
titles and interest in and to which are owned by Online Commerce Corporation and
licensed to LoanOptimizer.com, Inc. ("Providers").
Member agrees to pay a fee of twenty-five (25) basis points (0.25%) for any loan
sold as a result of contact with a Member through the LoanOptimizer.com System.
Upon withdrawal or deletion of any loan, it is the responsibility of the Member
to immediately notify LoanOptimizer.Com, Inc. at John.Floyd@jmfa.com to report
when sold and to whom sold or if a loan was withdrawn or deleted unsold. Otherwise
all deleted or withdrawn loans which may have been withdrawn by customer or financed
elsewhere will be billed as if sold.
All fees and charges are payable monthly as invoiced and charged as ACH transactions.
Member Responsibilities and Content
All Member account information provided to LoanOptimizer.com must be accurate and
complete, including Member name, postal address, e-mail address, user identification,
credit and payment information. Each Member is responsible for keeping its information
up to date.
THE PROVIDERS ARE NOT PARTIES TO AND ACCEPT NO RESPONSIBILITY FOR CONTRACTS OR OTHER
TRANSACTIONS BETWEEN MEMBERS. ALL MATTERS CONCERNING GOODS OR SERVICES ACQUIRED
BY ONE MEMBER FROM ANOTHER MEMBER ARE SOLELY BETWEEN THE MEMBERS. PROVIDERS DO NOT
ENDORSE OR WARRANT THE ACCURACY, TRUTHFULNESS, OR RELIABILITY OF MEMBER LOAN CONTENT.
EACH MEMBER AND USERS OF MEMBER’S MASTER ACCOUNT OR SUB-ACCOUNT(S) AGREE TO ACCEPT
THE RISK OF RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF Member LOAN
Each Member represents that it has the legal authorization to distribute and license
use of its Member Loan Content and agrees that Providers may employ virus-checking
or other technology to protect the Service. Each Member acknowledges and agrees
that Providers and their affiliates assume no liability for any action or inaction
by Providers or their affiliates with respect to Member Loan Content on or Member
Loan Content changes within LoanOptimizer.com. Each Member accepts sole and complete
responsibility for its Member Loan Content under its master and sub-accounts, including
responsibility for all claims arising after termination of Membership. Members may
not intentionally or unintentionally violate any applicable local, state, national,
international or foreign law, including, but not limited to, any rules or regulations
having the force of law.
Each Member who receives information from another Member regarding the potential
purchase of participation in a loan agrees that it will not make direct contact
with the customer of the Member selling the participation in the loan without first
receiving written permission of such selling Member.
Each Member agrees that if its initial contact with another Member is through LoanOptimizer.com,
then all purchases and sales of loan participation between such banks must be made
through LoanOptimizer.com and each such Member selling a participation in any loan
agrees to pay LoanOptimizer.com its fee for same.
You agree to defend, indemnify and hold the Providers harmless from and against
any and all claims, damages, cost and expenses, including attorney's fees, arising
from or related to you use of the site.
This site is controlled and operated by LoanOptimizer.com, Inc. and Online Commerce
Corporation. By using this web site, each Member consents to the application of
Texas Law and to the exclusive jurisdiction and venue of courts in Harris County
Texas, in any disputes arising from or under this agreement.
Termination of Membership
This agreement is effective unless and until terminated by either you or LoanOptimizer.com,
Inc. You may terminate this agreement at any time. LoanOptimizer.com, Inc. also
may terminate this Agreement at any time and may do so immediately without notice,
and accordingly deny you access to the Site, if in LoanOptimizer.com, Inc.'s sole
discretion you fail to comply with any term or provision of this Agreement.
Each Member may terminate Membership by delivering notice to Providers or by sending
a cancellation request via U.S. Mail. Termination will take effect with a reasonable
time after receipt of notice.
Providers may give notices to Members by electronic mail to the address provided
by Member, posting on the Service, or conventional mail. Notices by Members to the
Providers must be given by writing to LoanOptimizer.com, Inc., 125 N. Burnett Bay,
Baytown, Texas 77520 or sending electronic mail to Bill.Adkins@JMFA.com. No notice
by a Member to Providers will change the terms of this Agreement.