Lendercareers.com Terms of Use

The resources available to you on this Web Site, including audio and visual information, documents, text, services and software ("Content"), are provided to you by Lender Technologies, Inc., a District of Columbia corporation and a wholly owned subsidiary of the Mortgage Bankers Association, located at 1919 Pennsylvania Avenue, N.W. Washington, D.C. 20006 ( "LTC"), subject to the following Terms of Use. LTC reserves the right to update these Terms of Use at any time without notice to you. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" hypertext link on this Lendercareers.com Web Site.


ACCEPTANCE OF TERMS:

By using the Lendercareers Web Site to access and use the Content, you acknowledge and agree that you have fully read, and agree to be bound by, the provisions of these Terms of Use, exactly as if they were printed on paper and signed by you. If you do not agree to be bound by these Terms of Use in their entirety, or do not agree with any later modified Terms of Use, then you must immediately stop using the Lendercareers.com Web Site. If you are accessing or using the Content in the course of your employment or business, you enter into these Terms of Use both on your own behalf and in your individual capacity as an employee, officer, agent, partner, etc. of the organization that you represent, and references in these Terms of Use to "you" shall mean both you as the individual user of the Web Site and you in your capacity as a representative of your organization.


USE OF WEB SITE CONTENT:

Unless otherwise specified, access to the Content is provided for your non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any text, information, software, pictures, or services obtained from this Lendercareers.com Web Site. The use of the Content on any other web site for any purpose is prohibited.


SPECIFIC PROHIBITED USES:

The Lendercareers Site may be used only for lawful purposes by individuals seeking employment and career information, and employers (including employer agents) seeking employees. For employers seeking employees, LTC grants you a limited, terminable, non-exclusive right to access and use the Site only for your internal business use seeking candidates for employment. This authorizes you to view and download a single copy of the material on the Site solely for your use directly related to using the Site for the purpose of searching and recruiting job prospects. For employees seeking employment, LTC grants you a limited, terminable, non-exclusive right to access and use the Site only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the Site solely for your personal, noncommercial use. LTC specifically prohibits any use of the Web Site, and you agree not to use the Web Site, for any of the following:

  • Posting any incomplete, false or inaccurate biographical information or information which is not your own accurate resume.
  • Posting any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), requires recruitment of other members, sub-distributors or sub-agents.
  • Using the resume database for any purpose other than as an employer seeking employees, including but not limited to using the information in the resume database to sell or promote any products or services.
  • Sending unsolicited mail or e-mail, making unsolicited phone calls or sending unsolicited faxes regarding promotions and/or advertising of products or services to a user of this Site.
  • Deleting or revising any material posted by any other person or entity.
  • Using any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted.
  • Taking any action which imposes an unreasonable or disproportionately large load on the Site's infrastructure.
  • Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site.
  • Aggregating, copying or duplicating in any manner any of the Content.
  • Framing of or linking to any of the Content.


USER INFORMATION:

As a user, you are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify LTC of any unauthorized use of your registration or password.


USER SUBMISSIONS:

As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using the Site you agree not to, do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually explicit image or statement; post advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or information.

LTC does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users nor endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.

LTC acts as a passive conduit for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, LTC may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. LTC has no liability or responsibility to users for performance or nonperformance of such activities. LTC reserves the right to expel users and prevent their further access to the Web Site for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. LTC may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for LTC or may cause LTC to lose (in whole or in part) the services of its ISPs or other suppliers.

By submitting content to the Site, you grant LTC and its affiliates the royalty-free, perpetual, irrevocable, sublicenseable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for use as permitted by these Terms of Use. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content.

Any hyperlinks, "hidden" keywords or any keywords that are irrelevant to the job or are otherwise misleading contained in a job posting are prohibited.


LTC LIABILITY:

Lendercareers.com is only a venue. This Web Site acts as a venue for employers to post job opportunities and candidates to post resumes and does not screen or censor the listings offered. LTC is not involved in the actual transaction between employers and candidates. As a result, LTC has no control over the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons, or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Web Site.

Because user authentication on the Internet is difficult, LTC cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on the Site, in the event that you have a dispute with one or more users, you release LTC (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) 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. If you are a California resident, you waive California Civil Code d1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

We are under no legal obligation to, and generally do not, control the information provided by other users which is made available through the Web Site. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using this Web Site.

The Content may contain inaccuracies or typographical errors. LTC makes no representations about the accuracy, reliability, completeness, or timeliness of the Site or the Content. The use of the Content is at your own risk. Changes are periodically made to the Site and may be made at any time.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or material contained therein placed by you on the Site. Employers are solely responsible for their postings on the Site.


CONTENT DISCLAIMERS:

The information and services offered on this Web Site are provided with the understanding that neither LTC, nor any other content suppliers are engaged in rendering legal or other professional services or advice. Reference to any specific, participating mortgage banking institution, commercial product, process or service does not constitute or imply any endorsement, recommendation or favoring by LTC. Your use of the Site is subject to the additional disclaimers and caveats that may appear here and throughout this Site. LTC assumes no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on the Lendercareers Web Site. While LTC strives to keep the information on the LTC Web Sites accurate, complete, and up-to-date, LTC cannot guarantee, and will not be responsible for any damage or loss related to the accuracy, completeness, or timeliness of the Content found at the LTC Web Sites. LTC MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT OF THE LENDERCAREERS WEB SITE. THE CONTENT COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. LTC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE CONTENT OF THE LENDERCAREERS WEB SITE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

LTC'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE WEB SITE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.

IN NO EVENT SHALL LTC AND/OR ITS AFFILIATES AND/OR ITS SUPPLIERS AND/OR ANY CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE LENDERCAREERS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY TEXT, INFORMATION, SOFTWARE, IMAGES, AND SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF LTC AND/OR ITS AFFILIATES AND/OR ITS SUPPLIERS AND/OR ANY CONTENT PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. LTC MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT (INCLUDING REMOVAL OF CONTENT) AT ANY TIME.

LTC IS NOT AN EMPLOYMENT AGENCY, RECRUITER OR IN ANY WAY IN THE BUSINESS OF SEEKING OR PROVIDING EMPLOYMENT FOR THOSE PERSONS REGISTERING WITH THE WEB SITE. ALL INFORMATION PROVIDED TO JOBSEEKERS AND EMPLOYERS BY LTC THROUGH THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. NEITHER LTC, ITS SUPPLIERS, NOR ANY THIRD PARTY GUARANTEES EMPLOYMENT TO ANY JOBSEEKER THROUGH THE LENDERCAREERS.COM SITE. ANY DECISION TO HIRE IS MADE SOLELY BY THE EMPLOYER DOING THE HIRING.


DOING BUSINESS ON THE INTERNET:

You acknowledge and agree that electronic communications and databases are subject to errors, tampering and break-ins and that, notwithstanding the efforts of LTC to implement reasonable security precautions, LTC does not guarantee or warrant that such events will not take place. You agree to follow all access and security procedures provided from time to time by LTC, and you will not attempt, nor will you aid or abet any other person in any attempt, to circumvent or otherwise interfere in any way with any security precautions or measures of LTC.


NO UNLAWFUL OR PROHIBITED USE:

As a condition of your use of this Web Site, you will not use the Content or access the Lendercareers.com Web site for any purpose that is harmful, abusive, derogatory, defamatory, in violation of any confidentiality obligation, invasive of any third party's rights, unlawful, disruptive to the Web site, or otherwise prohibited by these Terms, conditions, and notices. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Web Site. LTC reserves the right to terminate your use of this Web Site, in its sole discretion, with or without notice, if LTC reasonably believes that your conduct fails to conform to these Terms of Use.


SECURITY RULES:

You may not violate or attempt to violate the security of this Web Site by, including without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "spamming", "mailbombing" or "crashing", or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. LTC will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.


USE OUTSIDE THE UNITED STATES:

LTC makes no claims that the Web Site Content may be lawfully viewed or accessed outside of the United States. Access to the Web Site Content may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.


LINKS TO THIRD PARTY SITES:

Links on this Web Site will let you leave the Lendercareers Web Site. Such links are provided solely as pointers to services or information on topics that may be useful to visitors to the Site, and LTC has no control over the content on such linked sites (or any link contained in a linked site). If you choose to link to a Web site not controlled by LTC, LTC makes no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does LTC warrant that such site or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. Links to non-LTC sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such sites.


PROPRIETARY RIGHTS

All materials on this site (as well as the organization and layout of the site) are owned and copyrighted by LTC or its suppliers. © Copyright 2005 Lender Technologies, Inc. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials at this site is permitted without the written permission of LTC.


ARBITRATION

By accessing the Lendercareers.com Web Site and using the information therein available and/or by using any services made available through the Web Sites, you agree with LTC, its service providers, their affiliates, parents, subsidiaries and any other content provider on this Site or through any other associated activity, that any claim or dispute ("Claim"), you may have against or with any of these persons or entities, whether related to the services or to the Content, including the enforceability of this arbitration clause, and whether under a statute, in contract, tort, or otherwise and whether for money damages, or declaratory or equitable relief, shall be resolved by binding arbitration before a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association. Any arbitration hearing at which you appear will take place within the District of Columbia, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall have no power or authority to make any award that provides for punitive or exemplary damages. Each party shall bear its own costs in connection with any arbitration proceedings. The parties shall equally share the fees of the arbitration and the arbitrator.

This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 ("FAA"). The arbitrator shall follow existing substantive law of the District of Columbia, without regard to its choice or conflict of laws provisions, to the extent consistent with the FAA, and applicable statutes of limitations and shall honor any claims or privilege recognized by law. If any party requests, the arbitrator shall write an opinion containing the reasons for the award. NO CLAIM SUBMITTED TO ARBITRATION IS HEARD BY A JURY, AND NO CLAIM MAY BE BROUGHT AS A CLASS ACTION OR AS A PRIVATE ATTORNEY GENERAL. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim. This Arbitration Section applies to all Claims now in existence or that may arise and shall survive the termination of any dealings with us.

For the purposes of this Arbitration Section, "we" and "us" means LTC, its parent, subsidiaries, affiliates, licensees or sublicensees, predecessors, successors, assigns and all of their officers, directors, employees, agents and assigns or any and all of them. Additionally, "we" or "us" shall mean any third party providing benefits, services, or products in connection with this web site and all of their officers, directors, employees and agents if, and only if, such a third party is named by you as a co-defendant in any Claim you assert against us.

If any part of this Arbitration Section is found to be invalid or unenforceable under any law or statute consistent with the FAA, the remainder of this Arbitration Section shall be enforceable without regard to such invalidity or unenforceability.

THE RESULT OF THIS ARBITRATION SECTION IS THAT CLAIMS CANNOT BE LITIGATED IN COURT, INCLUDING SOME CLAIMS THAT COULD HAVE BEEN TRIED BEFORE A JURY, AS CLASS ACTIONS OR AS PRIVATE ATTORNEY GENERAL ACTIONS.


MISCELLANEOUS

All changes, updates, and enhancements to the Content are subject to these Terms of Use.

LTC's failure to insist upon strict enforcement of any provision in these Terms of Use shall not be construed as a waiver of any provision or right.


Updated March 2005