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1. NO REBATE; NOT ALL PROFESSIONALS ARE REALTORS®. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THERE IS NO REBATE(WHETHER A GIFT CARD OR OTHERWISE) ASSOCIATED WITH THIS OFFER. IN ADDITION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NOT ALL OF THE REAL ESTATE PROFESSIONALS PARTICIPATING IN THIS PROGRAM ARE REALTORS®. REALTOR® IS A COLLECTIVE MEMBERSHIP MARK THAT IDENTIFIES A REAL ESTATE PROFESSIONAL WHO IS A MEMBER OF THE NATIONAL ASSOCIATION OF REALTORS® AND SUBSCRIBES TO ITS STRICT CODE OF ETHICS.

2. INTRODUCTION TO LENDINGTREE. Upon your registration, you may choose your own password or LendingTree will assign you a password to access the LendingTree services through the LendingTree Web site.

3. LENDINGTREE SERVICES. At LendingTree we are committed to making your total LendingTree experience a positive one. Upon entering your information and your realty services request, we will provide you with a list of real estate agents in your area, if any, who may be interested in fulfilling your service need. In some instances, LendingTree may be unable to fulfill your request and your information will be sent to Reply.com for fulfillment. At that point Reply.com's privacy policy will apply. In addition, in some cases, we will not provide a list of real estate agents but we may connect you directly with one particular real estate agent by telephone or otherwise.

We do not, however, guarantee that we will be able to match your service needs with a real estate agent or that there are real estate agents in your area that are either capable or willing to complete your service needs. We make no guarantees or representations regarding such real estate agent or the quality of the job that he or she may perform for you if you elect to retain their services. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a real estate agent, and we do not guarantee or warrant their performance on the job or the outcome or quality of the services performed. Your rights under contracts you make with real estate agents typically are governed by your state and local laws. Should you have a dispute with any real estate agent, you must address such dispute to the real estate agent directly, and you hereby agree to release LendingTree (and our employees and agents) and any other person, firm, or entity (including our business partners such as a product manufacturer or supplier who may employ the LendingTree matching utility) from any damages or claims (including consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such disputes and your dealings with real estate agents.

4. DISPUTE RESOLUTION. Any claim or controversy arising out of or relating to the use of LendingTree's services, to the goods or services provided by LendingTree, or to any acts or omissions for which you may contend LendingTree is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration venued in Mecklenburg County, North Carolina. 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 LendingTree. In any arbitration, LendingTree 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 Mecklenburg County, North Carolina. 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 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 LENDINGTREE 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 LendingTree'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 LendingTree, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Mecklenburg County, North Carolina. 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.

5. INFORMATION YOU PROVIDE TO US. Upon using the LendingTree services, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our Web site. Some of this information will be sent to real estate agents who will need this information to respond to you or to other persons or entities in connection with our business. By providing this information to us, by submitting a service request or by registering on one of our Web sites, you hereby understand and agree that you have established a business relationship with LendingTree. You therefore expressly consent to being contacted by us and by our real estate agents and providers via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes related to our business or to provide you with information and offers of services available through LendingTree and any of its Web sites, regardless of whether or not your name is on any Do Not Call list. For complete details on our use of your information, please see our privacy policy In addition, you agree that LendingTree will have the information provided in your request and that they will handle it in accordance with their privacy statement. You agree that by completing a service request, you are entering into a business relationship with LendingTree and its partners and thus agree to be contacted by LendingTree and/or its partners. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or LendingTree has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, LendingTree has the right to refuse any current or future use of the LendingTree services (or any portion thereof) by you. You are responsible for any use of the LendingTree services by persons to whom you intentionally or negligently allow access to your password.

In addition, you acknowledge that once we deliver your information to a local real estate information, that real estate agent may share information about you and your transactions with us. Finally, some real estate agents use services provided by Point2 Technologies, Inc. (“Point2”) to send you emails and to otherwise track your information. If your real estate agent uses this service, Point2 will have access to your information, and they will handle it in accordance with their privacy statement.

6. YOUR USE OF THE LENDINGTREE SERVICES. It is agreed that your use of the LendingTree services is for your personal use and not for any commercial or advertising purposes. We reserve the right to revoke your access at any time. All information about real estate agents is confidential and for your personal use only. If it is determined or suspected by LendingTree in its sole discretion that you are misusing or attempting to misuse or circumvent the LendingTree services or system, or are using or attempting to use it for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, LendingTree reserves the right, in its sole discretion, to immediately terminate your access without notice and to instigate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.

TO KNOWINGLY INPUT FALSE DATA INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES, INVASION OF PRIVACY RIGHTS OF OTHERS TO LENDINGTREE AND ITS REAL ESTATE AGENT PARTNERS, NOT TO MENTION THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST. THERE ARE ALSO POSSIBLE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING THE WRONG PEOPLE. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO LENDINGTREE AND EACH LENDINGTREE SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF LENDINGTREE AND EACH OF THE AFFECTED REAL ESTATE AGENTS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.

7. NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEB SITE. Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the LendingTree server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Server is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of LendingTree. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the LendingTree web site or any other LendingTree owned, operated, licensed or controlled site. Elements of LendingTree web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any LendingTree web Site may be copied or retransmitted unless expressly permitted by LendingTree. LENDINGTREE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. LENDINGTREE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LENDINGTREE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

8. LINKS TO THIRD PARTY SITES. The links in the LendingTree web site will let you leave LendingTree's web site. The linked sites are not under the control of LendingTree and LendingTree is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. LendingTree is not responsible for webcasting or any other form of transmission received from any linked site. LendingTree is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by LendingTree of the site.

9. REAL ESTATE AGENT PRESCREENING PROCEDURES AND DISCLAIMERS. LendingTree uses the following criteria as part of its enrollment process for real estate agents and brokers, and lending professionals applying for membership in our network:

Licensing - LendingTree real estate licensing information provided by member real estate agents at the time of registration. Such licensing should meet the then current state licensing requirements for the tasks that the member indicates it will perform in that state as indicated in their LendingTree profile.

LendingTree may not make any subsequent or periodic checks or re-verifications after the initial registration and is not undertaking to update any such information after the initial registration.

NOTE: Member real estate agent information confirmed per above may change or expire over time; while LendingTree attempts to maintain accurate and up-to-date information, and confirms changes when notified, we cannot guarantee that profile and screening information is up to date. Therefore, we recommend that before working with a real estate agent you verify that information presented is still current and/or acceptable to you.

Real Estate Agents' Profiles: LendingTree allows real estate agents to post profiles about themselves and their business. LendingTree does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the real estate agent.

These procedures may change from time to time at the sole discretion of LendingTree. LendingTree believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members are appropriately licensed, free of bankruptcies or civil legal judgments, or carry appropriate insurance at the time of registration, during the period they are members, or thereafter. As circumstances can change day to day, LendingTree advises consumers to check these matters for themselves especially at future dates. LendingTree does not represent or warrant the information received from state or government agencies or from third party sources is accurate, error free, or that it is up to date or updated to the point that LendingTree checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.

DISCLAIMER: LENDINGTREE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE PRESCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE PRESCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.

10. GENERAL PROVISIONS. You acknowledge and agree that the LendingTree services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and LendingTree's sole obligation to you or any third party for any claim arising out of your use of the LendingTree services or the LendingTree Web site, is that you are free to discontinue your use of the LendingTree services or the LendingTree Web site at any time. LENDINGTREE EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF LENDINGTREE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. You agree to indemnify LendingTree, and its subsidiaries, affiliates, officers, employees, agents, co-branders, and other partners and hold them each harmless from any and all claims or demands, including attorney's fees, made by any third party due to or arising from your use of the LendingTree services or connection to the LendingTree web site or your violation of the Terms and Conditions, or arising from your violation of any rights of a third party. The Terms and Conditions will inure to the benefit of LendingTree's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of LendingTree to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the LendingTree services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of North Carolina as such laws are applied to agreements entered into and to be performed entirely in the State of North Carolina and between North Carolina residents. You agree to submit to jurisdiction in North Carolina and that any claim arising under these Terms and Conditions will be brought solely in a court in Mecklenburg, North Carolina.

11. OTHER TERMS. This Agreement constitutes the entire agreement between you and LendingTree and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and LendingTree with respect to the Web site and information, software, products and services associated with it. This Agreement shall be subject to and construed in accordance with the laws of the State of North Carolina, 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.

© 1999-2006 LendingTree, LLC All rights reserved.

PLEASE PRINT THESE TERMS OF USE FOR YOUR RECORDS.