Marketplace Home Mortgage
3600 Minnesota Drive, Suite 150
Edina, MN 55435
General Information: 952.844.1565

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. SECURITY POLICY Marketplace Home Mortgage uses extensive and sophisticated secure technology to protect your data and transmissions between you, Marketplace Home Mortgage, banks, lenders and loan brokers participating in this Web site (we refer to all of these as "Lenders"), and real estate professionals participating in this web site (the "real estate professionals"). Here are the highlights: Transmission between browsers and our web server is implemented using Secure Sockets Layer (SSL) technology. This technology requires an SSL-capable browser such as MS Internet Explorer 3.0 (or later) or Netscape Navigator 2.0 (or later). Transmissions between Marketplace Home Mortgage and participating Lenders or Marketplace Home Mortgage and real estate professionals are encrypted using public key cryptography algorithms with a minimum key size of 128 bits. Our database is separated from our web server and is protected by a firewall. Although Marketplace Home Mortgage has taken these reasonable and appropriate measures to ensure that your personal information is delivered and disclosed only in accordance with your instructions, Marketplace Home Mortgage cannot and does not guarantee that the personal information you provide will not be intercepted by others and decrypted. LOAN ORIGINATION SERVICES All of the information you have provided in this qualification form or application is true and complete. You authorize Marketplace Home Mortgage to check your credit history, and to provide your information, including your credit history, to up to four Lenders. You further authorize the Lenders along with any additional Lenders or investors necessary to complete your loan transaction, to check your credit history and to return their decision to you via the Marketplace Home Mortgage system. At the present time, Fair, Isaac and Co. (the company that provides "FICO" credit scores) reports that, for mortgage, home equity or auto loans, it consolidates all credit inquiries that occur within a 14-day period into one inquiry for scoring purposes. You understand that Lenders may keep this form, whether or not you are qualified for a loan with them. Marketplace Home Mortgage does not make credit decisions in connection with loans. Marketplace Home Mortgage is not an agent of any participating Lender. Marketplace Home Mortgage'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 is solely responsible for its services to you, and you agree that Marketplace Home Mortgage 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 Marketplace Home Mortgage 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. Marketplace Home Mortgage 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. Marketplace Home Mortgage 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, Marketplace Home Mortgage 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. Marketplace Home Mortgage does not charge you, the User, a fee to use our service. Marketplace Home Mortgage is paid a fee by participating Lenders for the goods, facilities and services provided. Your use of this Web site constitutes your agreement with this compensation arrangement. REAL ESTATE SERVICES All of the information you have provided in this referral form is true and complete. You authorize Marketplace Home Mortgage to forward your information to its network of real estate professionals. You understand that these real estate professionals may keep this form, whether or not you complete a real estate transaction with them. Real estate programs are administered by Marketplace Home Mortgage, a licensed real estate broker. Marketplace Home Mortgage does not list or sell homes. Real estate brokerage activities are performed by local licensed real estate brokers. Marketplace Home Mortgage acts as a referring broker by referring you to a local real estate broker. For its services, Marketplace Home Mortgage receives a real estate brokerage referral fee of up to 35% of the local broker's commission. Your use of this Web site constitutes your agreement with this compensation arrangement. Cash, gift certificates, points or mileage incentives are only available to customers who use a Marketplace Home Mortgage Network real estate professional to buy or sell their home. Customers must have been connected with the real estate professional through Marketplace Home Mortgage to be eligible for incentives. Certain states require that incentives be given as either a credit at closing or as a reduction of your real estate commission. The programs may be available on modified terms, or may be prohibited, in certain jurisdictions. Other restrictions may apply. COPYRIGHT AND TRADEMARK NOTICES All contents of this Web site are: Copyright © 2007 Marketplace Home Mortgage and/or its suppliers, participating Lenders, or real estate professionals, 5120 Edina Industrial Blvd., Edina, MN 55439 All rights reserved. Marketplace Home Mortgage is a service mark of Marketplace Home Mortgage. Other product and company names mentioned herein, including the names of participating Lenders, may be the trademarks of their respective owners. DISCLAIMERS AND LIMITATIONS Marketplace Home Mortgage 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 Marketplace Home Mortgage at any time. THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." MARKETPLACE HOME MORTGAGE AND/OR ITS SUPPLIERS, PARTICIPATING LENDERS, OR REAL ESTATE PROFESSIONALS 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. MARKETPLACE HOME MORTGAGE AND/OR ITS SUPPLIERS, PARTICIPATING LENDERS, OR REAL ESTATE PROFESSIONALS 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, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MARKETPLACE HOME MORTGAGE 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 Marketplace Home Mortgage and its suppliers, participating Lenders, or real estate professionals 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. Marketplace Home Mortgage does not operate or control in any respect any information, software, products or services available on such Web sites. Marketplace Home Mortgage'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 Marketplace Home Mortgage 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 this Web site, to the goods or services provided by Marketplace Home Mortgage, or to any acts or omissions for which you may contend Marketplace Home Mortgage 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 Marketplace Home Mortgage. In any arbitration, Marketplace Home Mortgage 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 therefor. 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 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 MARKETPLACE HOME MORTGAGE 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 Marketplace Home Mortgage'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 Marketplace Home Mortgage, 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. OTHER TERMS This Agreement constitutes the entire agreement between you and Marketplace Home Mortgage and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Marketplace Home Mortgage with respect to this 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. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.