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Terms of Use

General

The PreferredRealtorsNetwork.com is a brand name owned by 1st Florida Lending Corp. (collectively, “PRN”) operate a family of website landing pages (including mobile-optimized Web sites), associated Web pages, associated mobile apps, and other applications, linking to or bearing these Terms of Use and operated by or on behalf of PRN (collectively, the “PRN”). Any person accessing or using the PRN is referred to as “you.”

Acceptance of Terms

By accessing or using any part of the PRN or the services provided on it or other Web sites, Web pages or other applications as set forth below (collectively, the “Services”), you agree to accept and comply with the terms, conditions, and notices stated herein and as may be modified by PRN from time to time without notice to you (the “Terms of Use”). These Terms of Use constitute a binding contract between PRN and you. You are responsible for regularly reviewing the Terms of Use. If you do not wish to be bound by these Terms of Use, please do not access or use any part of the PRN.

Notwithstanding the language above, we may not unilaterally modify the Applicable Law; Agreement to Arbitrate section below. The Applicable Law; Agreement to Arbitrate section in effect on the date you acknowledged and agreed to these terms through a checkbox or click-through agreement will govern. Otherwise, the Applicable Law; Agreement to Arbitrate section in effect on the date you last accessed or used any of our Services will govern.

Additional terms may govern use of certain Web sites or other parts of the PRN. In the event that any provision, term or guideline contained on a particular Web site or other part of the PRN conflicts with the Terms of Use, the terms of such Web site or other part of the PRN shall control over the Terms of Use except with respect to the General Terms set forth below, which shall at all times control.

General Use of the PRN

Unless specified otherwise, PRN offers you access to the PRN solely for your personal and non-commercial uses. You agree to only access or use the PRN for legal purposes that are permitted by the Terms of Use. Among other things, you agree:

Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations and treaties. We require users to respect our copyrights, trademarks, other intellectual property rights, and all other rights specified in these terms, and shall enforce same. We likewise respect the intellectual property of others. If you believe that the PRN contains elements that infringe your copyrights in your work, please follow the procedures set forth in the “Copyright” section, below.

You shall not damage, disable, overburden, or impair the PRN or interfere with any other party’s use and enjoyment of the PRN.

Except with the express written permission of PRN, you agree that you will not access or attempt to access password protected, secure or non-public areas of the PRN, nor any other parts of the PRN to which you are not authorized, nor will you attempt to circumvent any restrictions imposed on your use of or access to the PRN.

Except with the express written permission of PRN, only licensed realtors can create landing pages on the www.preferredrealtorsnetwork.com sign-up page.

The origin of any link to any PRN home page must be accompanied by a clear and prominent attribution indicating that the link is connected to the PRN home page.

By creating a landing page connected with the PRN, you agree that (a) you will not employ any technology that results in the placement of content from the PRN in a frame and/or a reduced pop-up window and/or any other display mechanism which changes appearance of the PRN from how it would appear if a user typed the URL in a typical browser line, (b) your site shall not display content or link to other Web sites or applications that contain content that is illegal, obscene, indecent, disparaging, discriminating or otherwise offensive, (c) you have duly registered your domain name and possess all rights necessary to use the same, and (d) you shall not in any manner access, collect, store, disclose, transfer or use any information obtained or derived from a user’s access to or use of the PRN. PRN reserves the right to revoke your permission to create such link at any time in its sole discretion and you agree to immediately cease using the link at any time that PRN requests.

You agree that PRN may in its sole discretion and at any time terminate your access to and use of the PRN, or any part thereof, with or without notice. You further agree that use of the PRN and any of its Services shall be immediately terminated if you violate these Terms of Use. In addition, PRN reserves the right, in its sole discretion, to modify or discontinue the Services or any portion thereof, with or without notice, and without liability to you.

The Services provided through the PRN may also be located on third-party Web sites or applications, via a link, click-through advertising, or otherwise. Nothing contained in any of these Services is an offer or promise by PRN to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. In addition, PRN does not make any representation or warranty with respect to such third-party Services, and is not responsible for their accuracy, sufficiency, veracity, completeness, or timeliness. You are responsible for confirming the sufficiency and reliability of any third-party Services, and you hereby release PRN from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of such Services. Further, please note that certain of the interactive Services may be financial or mortgage tools that provide information and customized information based on user-inputted data. These tools are for the purpose of performing calculations and are not an offer to lend. Interest rates shown are for demonstration purposes only. Actual market interest rates may vary.

You acknowledge that PRN is not a real estate broker, mortgage broker or mortgage lender and simply provides a platform that allows realtors and mortgage companies to build their brand and SEO at no cost. Please note that you may be subject to additional and/or different terms, conditions, and privacy policies when you use third-party Services, Content (as defined below), software or sites.

Content Contained in the PRN

The PRN and all of the Content is owned by PRN and/or third parties with all rights reserved unless otherwise noted. PRN grants you a limited license to access and use the PRN and Content solely for informational, personal and non-commercial purposes (including printing individual pages from the PRN if you retain all copyright and other proprietary notices contained thereon). You are strictly prohibited from downloading (other than page caching), modifying or making any other use of the PRN or Content, except with express written consent of PRN. You acknowledge and understand that all third-party provided Content posted on, transmitted through, or linked from the PRN, is the sole responsibility of the third-party originator of such Content. Content is provided through the PRN AS IS, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall PRN be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Services.

You acknowledge that PRN does not screen or approve third-party Content, and that PRN shall have the right (but not the obligation) in its sole discretion to refuse, modify, or delete any Content that is available via the PRN, for any reason.

Content You Provide

To the extent that you post, upload, input, submit or otherwise transmit (collectively, “Transmit” or “Transmitting” as appropriate) Content on or through the PRN, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Content that you provide or otherwise make available via the PRN. You also warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to Transmit such Content, and to transfer your or others’ interests in such Content to PRN as provided below.

You promise that you will not use the PRN to Transmit any Content:

By Transmitting Content to the PRN, you grant, and you represent and warrant that you have the right to grant, to PRN an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the PRN, you grant PRN all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the PRN by any party for any purpose.

PRN takes matters of privacy and information seriously, and endeavors to maintain the privacy and security of any and all such information that you provide to PRN through the PRN in accordance with its Privacy Notice. Please review the PRN Privacy Notice. The PRN Privacy Notice applies to any and all Content and other information you provide, or that is collected from or about you, through your use of the PRN.

Use of Pixels, Cookies, Tags, and Other Business Tools

PRN uses data-gathering mechanisms on the PRN, including without limitation cookies, pixels, web beacons, clear GIFs, and tags. These perform statistical and administrative functions, such as measuring site and page traffic, verifying advertising paths, better understanding user interests and activity, and gathering related information. Some of this information is used by our advertising partners to deliver contextual and more relevant advertising while you browse the web. More information can be found by visiting PRN’s Privacy Notice, which is expressly incorporated herein by reference. By continuing to use any part of the PRN, you consent to the use of these business tools.

Mortgage-Related Disclosure

This disclosure statement pertains to the conduct of PRN, including services PRN provides, in connection with the mortgage loan industry and Web sites and mobile applications operated by PRN.

PRN does not confirm, and does not make or give any guarantee regarding, (i) any information in any request for, or in any request to be contacted about, a quote, pre-qualification, pre-approval, loan commitment, loan or loan-related document, nor (ii) any information about any consumer, potential borrower or other person who submits or is the subject of an Inquiry, nor (iii) any information about, or in any rating of or feedback about, any advertiser, lender, broker or mortgage or loan professional.

PRN does not guarantee any information provided by any borrower, any specific loan terms and conditions offered by an advertiser, lender, broker or mortgage professional, or that any person will be offered or able to obtain any particular rates, loan, loan application, quote, pre-qualification, pre-approval, loan commitment or loan-related transaction.

PRN is not a lender, mortgage broker, loan originator, loan processor or underwriter. PRN does not aid or assist in obtaining loans or loan applications, nor in setting or negotiating any terms thereof, nor in making loan or loan application decisions.

PRN does not offer loans and does not solicit or participate in the solicitation of loans or loan applications.

PRN does not take applications for loans or credit nor issue or participate in the issuance of pre-qualifications or pre-approvals. (Please note that the meaning of “pre-qualification” and “pre-approval” can sometimes differ in the way those terms are used by mortgage lenders and brokers, real estate agents and others. Although “pre-qualification” often is used to refer to a lender’s preliminary estimate, based on unverified information you provide, of the mortgage loan amount you might be able to borrow, and “pre-approval” often is used to refer to an offer or statement provided to you from a lender (a pre-approval letter), based on verified information and often requiring a completed loan application, indicating a specific loan amount you may be offered (or are being offered) subject to the terms of the pre-approval letter, you should be aware that “pre-qualification” and “pre-approval” might have different meanings depending on who is using those terms.)

Any request for, inquiry about or agreement to receive or be contacted about loans, loan applications, quotes, pre-qualifications, pre-approvals, loan commitments or loan-related transactions by any consumer or person (e.g., by way of advertisements on Web sites or mobile apps operated by PRN) is not, and will not be responded to by PRN as, an order, application, offer or transaction for any credit, loan, loan application, quote, pre-qualification, pre-approval, loan commitment or loan-related transaction or other loan or credit product.

PRN does not endorse or recommend any lender, any borrower nor any of the products, rates or offerings of any lender, broker or mortgage professional.

Nothing contained in any mortgage-related ad or other ad is an offer to provide, or a solicitation for, any loan, loan application, quote, pre-qualification, pre-approval, loan commitment or loan-related transaction.

PRN is not an agent of any consumer or borrower nor of any advertiser, lender, broker or mortgage or loan professional.

PRN sometimes may provide advertising services, services to facilitate contact when consumers wish to be contacted by lenders, mortgage brokers or other loan professionals, and/or other like services relating to use of Web sites or mobile apps PRN operates.

Decisions regarding loans, loan applications, quotes, pre-qualifications, pre-approvals, loan commitments or loan-related transactions are not made by PRN but are made by lenders, brokers or other loan professionals which might include participating advertisers of PRN.

PRN does not make or give any guarantee regarding, and assumes no responsibility for, any such decisions, nor any acts or omissions of lenders, brokers or other loan professionals, nor any result or consequence (direct or indirect) of any business transaction (actual, proposed or discussed) or related communications between lenders, brokers or other loan professionals and any other person, nor any rates, information or other content on or accessible through any Web site or app that did not originate solely from PRN.

The foregoing disclosures reflect PRN’s good faith conclusions regarding the subject matter of such disclosures, and PRN takes no responsibility for, and shall have no liability as a result of or in connection with, any assertions, findings or conclusions that might be made, adjudicated, established or otherwise reached by anyone other than PRN, nor any actual or alleged inaccuracy of or other fault with any such disclosures.

For purposes of this Mortgage-Related Disclosure statement, “PRN” refers to each of PRN, Inc. and each of its subsidiaries.

Revenues Disclosure

The PRN brand does not generate revenues; it is funded by 1st Florida Lending Corp.

General Terms

Applicable Law; Agreement to Arbitrate

These Terms of Use are governed by the laws of the State of Florida, U.S.A. without regard to conflicts of laws principles. You hereby agree that any and all disputes or claims that may arise between you and PRN shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act shall govern the interpretation and enforcement of this paragraph. You agree that you and PRN may bring claims against each other only on an individual basis and not as part of any purported class or representative action or proceeding. Unless both you and PRN agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Further, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief by that party’s individual claim(s). The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, as modified by this paragraph. The AAA’s rules are available at www.adr.org. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or PRN may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and PRN subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. If a court decides that any part of this paragraph is invalid or unenforceable, the other parts of this paragraph shall still apply.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and PRN as a result of the Terms of Use or accessing or using the PRN. PRN’s performance under the Terms of Use is subject to existing laws and legal process, and nothing contained in the Terms of Use is in derogation of PRN’s right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of the PRN or information provided to or gathered by PRN with respect to such use.

Interpretation of the Terms of Use

If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, 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 Terms of Use shall continue in effect. Unless otherwise specified herein (or in any other definitive written agreement between you and PRN), the Terms of Use constitutes the entire agreement between you and PRN with respect to the PRN and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and PRN with respect to the PRN. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Assignment

You may not assign or delegate any rights or obligations under these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Services without the prior written consent of PRN. We may freely assign or delegate all rights and obligations under these Terms of Use, fully or partially, without notice to you.

Disclaimer of Warranties

You expressly understand and agree that: your use of and reliance upon any and all of the PRN, Services and/or Content is at your sole risk and is made available on an “as is” and “as available” basis. PRN makes no express or implied representations, warranties, or guarantees with regard to the appropriateness, accuracy, sufficiency, correctness, veracity, value, completeness, or timeliness of the PRN, Services and/or Content. PRN expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Indemnification

You agree to indemnify and hold PRN, its third-party vendors, corporate affiliates, directors, officers, employees and agents harmless from any and all claims and demands, including, but not limited to reasonable attorneys’ fees, made by any third-party due to or arising out of any Content submitted, posted, or otherwise provided by you to the PRN and/or PRN and/or its third party advertisers and any breach by you or your affiliates, employees, agents and representatives of these Terms of Use.

Limitation of Liability

In no event shall PRN be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the PRN, with the delay or inability to access or use the PRN or related services, the provision of or failure to provide services, or for any Content, software, products and services made available or obtained through the PRN, or otherwise arising out of the use of the PRN, whether based on contract, tort, negligence, strict liability or otherwise, even if PRN has been advised of the possibility of damages. Any services or Content made available or obtained through the use of the PRN, and all other use of the PRN, is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results therefrom.

If you are dissatisfied with any portion of the PRN, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the PRN.

Copyright

All materials on the PRN (as well as the organization and layout of the PRN) are owned and copyrighted or licensed by PRN, its corporate affiliates or its third-party vendors. © by PRN, Inc., all rights reserved. No reproduction, distribution, or transmission of the copyrighted materials on the PRN is permitted without the written permission of PRN. Any rights not expressly granted herein are reserved.

Trademarks

PreferredRealtorsNetwork (PRN)®, “www.PreferredRealtorsNetwork.com”, and all taglines and stylized logo treatments including any one or more of the foregoing are trademarks of the PRN and are used with its permission. These and all other trademarks used in this work are the property of their respective owners.

1st Florida Lending Corp. PreferredRealtorsNetwork.com is a marketing brand owned by 1st Florida Lending Corp.
2151 Consulate Dr STE 8, Orlando, FL 32837
Phone: (800) 655-1345