AGREEMENT BETWEEN USER AND First Global
Capital Corporation., "FGCapital"
This Web site is offered to you, the "User," conditioned
on your acceptance without modification, of the terms, conditions,
and notices contained in this agreement. Your use of this Web site
constitutes your agreement to all such terms, conditions, and notices.
All of the information I have provided
in this qualification form is true and complete. I authorize First
Global Capital Corporation. and any financial institution to whom
FGCapital provides this information to check my credit and employment
history, to answer questions regarding their credit history with
me, and provide that information to credit bureaus and to return
their decision to me via the First Global Capital Corporation system.
I understand that financial institutions may keep this form, whether
or not I am qualified for a loan with them. I acknowledge that this
is NOT an application for credit. This is a qualification for a
loan request. I understand that I may have to complete an APPLICATION
with a bank before they will extend me an official loan offer.
SECURITY POLICY
First Global Capital Corporation uses extensive and sophisticated
secure technology to protect your data and transmissions between
you, First Global Capital Corporation, and lenders participating
in this Web site (the "participating lenders"). Here are
the highlights:
Transmission between browsers and our web server
is implemented using Secure Sockets Layer (SSL) technology. This
technology requires a SSL-capable browser such as MS Internet Explorer
3.0 (or later) or Netscape Navigator 2.0 (or later).
Transmissions between First Global Capital Corporation
and participating lenders are encrypted using public key cryptography
algorithms with a minimum key size of 128 bits.
Our database is physically separated from our web
server and is protected by a physical firewall.
Although First Global Capital Corporation has taken
these reasonable and appropriate measures to ensure that your personal
information is delivered and disclosed only to participating lenders
in accordance with your instructions, First Global Capital Corporation
cannot and does not guarantee that the personal information you
provide will not be intercepted by others and decrypted.
LOAN ORIGINATION SERVICES
First Global Capital Corporation is not a lender and does not make
loans or credit decisions in connection with loans. First Global
Capital Corporation does not endorse, recommend or favor the products
of any participating lender. First Global Capital Corporation is
not an agent of either you, the User, or any participating lender.
First Global Capital Corporation's services are administrative and
consultative only. You should rely on your own judgment in deciding
which available loan product best suits your needs and financial
means. The lender you select is solely responsible for its services
to you, and you agree that First Global Capital Corporation shall
not be liable for any damages or costs of any type arising out of
or in any way connected with your use of such services. This Web
site and the services provided by First Global Capital Corporation
are available only in connection with (a) mortgage loans made on
real property located in the fifty states and the District of Columbia
unless otherwise specified, and (b) non-mortgage loans made to citizens
and residents of the United States. Loans may only be made to residents
of, or secured by real property located in, states where participating
lenders are licensed or authorized to make such loans, as indicated
herein under the section titled "Lenders." Lenders are
not attempting to make loans outside of their authorized states
or country by participating in and offering their products on this
Web site. First Global Capital Corporation and/or participating
lenders expressly reserve the right to discontinue, suspend or terminate
the offering of any loan product in any specific state through this
Web site. First Global Capital Corporation does not guarantee acceptance
into any particular loan program or specific loan terms or conditions
with any participating lender; loan approval standards are established
and maintained solely by individual lenders. Likewise, First Global
Capital Corporation does not guarantee that the loan terms or rates
offered and made available by participating lenders through this
Web site are the best terms or lowest rates available in the market.
Unless expressly stated in writing, nothing contained herein shall
constitute an offer or promise for a loan commitment or interest
rate lock-in agreement. First Global Capital Corporation is a free
service to you, the User. However, First Global Capital Corporation
is paid a fee by participating lenders for its goods, facilities
and services as a loan origination system and loan broker. Your
use of this Web site constitutes agreement with this compensation
arrangement.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Web site are: Copyright © 1999 First Global
Capital Corporation, Copyright © 2000 First Global Capital
Corporation. and/or its suppliers or participating lenders, 5455
Wilshire Blvd. Suite 1806, Los Angeles, CA 90036, U.S.A. All rights
reserved. FGCapital.com is a service mark of First Global Capital
Corporation. Other product and company names mentioned herein, including
the names of participating lenders, may be the trademarks of their
respective owners.
DISCLAIMERS AND LIMITATIONS
First Global Capital Corporation intends that the information contained
in this Web site be accurate and reliable; however, errors sometimes
occurs. In addition, changes and improvements to the information
provided herein may be made by First Global Capital Corporation
at any time. THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS
AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS."
First Global Capital Corporation AND/OR ITS SUPPLIERS OR PARTICIPATING
LENDERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE AND ANY INFORMATION,
SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT
LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THIS WEB
SITE IS AT YOUR OWN RISK. First Global Capital Corporation AND/OR
ITS SUPPLIERS OR PARTICIPATING LENDERS ARE 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 THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS
WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES
OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE
USE OF THIS WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM
BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, EVEN IF First Global Capital Corporation 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 First
Global Capital Corporation and its suppliers and participating lenders
from and against any and all liabilities, expenses (including attorneys'
fees) and damages arising out of claims resulting from your use
of this Web site, including without limitation any claims alleging
facts that if true would constitute a breach by you of this agreement.
LINKS TO THIRD PARTIES
This Web site may contain links to Web sites maintained by third
parties. Such links are provided for your convenience and reference
only. First Global Capital Corporation does not operate or control
in any respect any information, software, products or services available
on such Web sites. First Global Capital Corporation's inclusion
of a link to a Web site does not imply any endorsement of the services
or the site, its contents, or its sponsoring organization.
ERRORS AND DELAYS
First Global Capital Corporation is not responsible for any errors
or delays in responding to a smart form caused by an incorrect e-mail
address provided by you or other technical problems beyond our reasonable
control.
GENERAL
This agreement shall be subject to and construed in accordance with
the laws of the State of California, excluding its conflict of law
principles. You hereby consent to the exclusive jurisdiction and
venue of courts in Los Angeles County, California, U.S.A., in all
disputes arising out of or relating to the use of this Web site.
Use of this Web site is unauthorized in any jurisdiction that does
not give effect to all provisions of these terms and conditions,
including without limitation this paragraph. This agreement constitutes
the entire agreement between you and First Global Capital Corporation
and it supersedes all prior or contemporaneous communications, promises
and proposals, whether oral, written or electronic, between you
and First Global Capital Corporation with respect to this Web site
and information, software, products and services associated with
it. 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.
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