InterFinancial Capital, Inc. offers you, the "User," services that are conditioned on your acceptance of the terms contained in this agreement and your acceptance of these terms without modification, conditions, and notices. Your use of IFCmortage.com and the services offered therein constitutes your agreement to all such terms, conditions, and notices. InterFinancial Capital reserves the right to modify in its sole discretion this agreement and or the InterFinancial Capital web site without providing notification. You are responsible for regularly reviewing the Agreement.

Please do not visit or use any of the InterFinancial Capital web sites or any page that is part of the InterFinancial Capital web site if you do not wish to be bound by these terms of use.

InterFinancial Capital has taken reasonable and appropriate measures to deliver and disclose your personal information only in accordance with your instructions, but cannot and does not guarantee that others will not intercept the personal information you provide. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the InterFinancial Capital web site.

You agree to provide true, complete and accurate information on your request form that mortgage professionals may keep, whether or not you qualified for their loan. You also agree to refrain from impersonating or falsely representing your affiliation with any person or entity.

InterFinancial Capital's online services are informational only. You should decide for yourself which loan product is best for you financially and personally. You agree that the mortgage professional you use is solely responsible for its services to you.

InterFinancial Capital does not guarantee acceptance of the User into any loan program. InterFinancial Capital does not guarantee specific loan terms and does not guarantee conditions with any participating Lender or mortgage professional. The User understands that an individual Lender establishes and maintains loan approval standards. InterFinancial Capital does not guarantee that any of the participating lenders mortgage professionals site offer the best terms or lowest rates available in the market.

The User understands that InterFinancial Capital or any related material contained herein shall not constitute an offer or promise for a loan commitment or interest rate.

Disclaimers and limitations
InterFinancial Capital intends to have accurate and reliable information contained in its web site; however, errors may occur. In addition, InterFinancial Capital may change and improve the information provided herein at any time. The web site and the information, products and services are “As Is.” InterFinancial Capital disclaims any warranty of any kind, whether expressed or implied, as to any matter whatsoever relating to the web site and any information, products, and services provided herein, including without limitation the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement use of InterFinancial Capital’s services at your own risk. Use of InterFinancial Capital’s services is at your own risk. InterFinancial Capital is not liable for any direct, indirect, punitive, incidental, special or consequential damages or other injury arising out of or in any way connected with the use of InterFinancial Capital’s services or with the delay or inability to use the web site or for any information products or services obtained from the use of the web site, whether resulting in whole or in part, from breach of contract, tortuous behavior, negligence, strict liability or otherwise, even if InterFinancial Capital and/or its suppliers had been advised of the possibility of damages. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Indemnity
As a condition of use of this web site, you agree to indemnify InterFinancial Capital and its suppliers, affiliates, executives, employees, participating Lenders, or other related marketing and mortgage professionals from any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of InterFinancial Capital’s services, including without limitation any claims alleging facts that if true would constitute a breach by you of this agreement.

Errors and delays
InterFinancial Capital is not responsible for any errors or delays in responding to a qualification form or referral form caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control.

Dispute resolution
Any claim or controversy arising out of or relating to the use of InterFinancial Capital’s services, to the goods or services provided by InterFinancial Capital, or to any acts or omissions for which you may contend InterFinancial Capital is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by an arbitration venue in San Diego County, California. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to InterFinancial Capital. In any arbitration, InterFinancial Capital will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in San Diego County, California. The arbitrators shall not have the power to award damages in connection 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 or disputes involved.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND INTERFINANCIAL CAPITAL WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS 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.

You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using InterFinancial Capital’s goods and services you consent to these restrictions. Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and InterFinancial Capital, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in San Diego County, California. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees.

Other terms
This Agreement constitutes the entire agreement between you and InterFinancial Capital and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral , written or electronic, between you and InterFinancial Capital with respect to the web site and information, products and services associated with it. This Agreement shall be subject to and construed in accordance with the laws of the State of California, excluding its conflict of laws principles. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.