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BKAUTOS TERMS AND CONDITIONS
BKAutos.com
112 Goliad St,
Benbrook, TX 76126
General Information: 1(888)482-7410
E-Mail: customercare@bkautos.com
TERMS OF USE AGREEMENT
Please read this Terms of Use Agreement ("Agreement")
carefully. By accessing this Web site and any pages hereof,
you agree to be bound by the terms and conditions below.
This Agreement contains an agreement to arbitrate all Claims
and disclaimers of warranties and liability. These provisions
form an essential basis of our bargain. If you do not agree
to these terms and conditions, do not access this Web site.
BKAutos.com operates this Web site. For purposes of this
Agreement, "BKAutos.com" refers to the dba of
Attorney Lending Network, a Texas corporation.
SECURITY POLICY
BKAutos.com uses extensive and sophisticated secure technology
to protect your data and transmissions between you, BKAutos.com,
banks, lenders and loan brokers participating in this Web
site (we refer to all of these as "Lenders. 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 BKAutos.com
and participating Lenders are encrypted using public key
cryptography algorithms with a minimum key size of 128
bits.
Although BKAutos.com has taken
these reasonable and appropriate measures to ensure that
your personal information is delivered and disclosed only
in accordance with your instructions, BKAutos.com 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 your loan request
is true and complete. You authorize BKAutos.com to check
your credit history and to provide your information, including
your credit history, to Lenders. By completing any part
of the loan request form, you authorize BKAutos.com to transmit
your loan request form to Lenders and to share your information
with its affiliates. These affiliates should also be considered
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 BKAutos.com system. You understand
that Lenders may keep this form, whether or not you are
qualified for a loan with them. BKAutos.com is not a lender
and does not make loans or credit decisions in connection
with loans. BKAutos.com is not an agent of either you, the
User, or any participating Lender. BKAutos.com'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.
Our Counsel represents the sole interests of BKAutos.com.
We are not a law firm, and we are not licensed to practice
law. The information, forms, reference materials, and other
communications you have with BKAutos.com are for attorney
reference only. BKAutos.com does not provide you or your
client with legal advice; we do not represent the borrower,
you represent the borrower. No attorney-client relationship
is intended or implied; you and your client are advised
to seek out independent counsel for any and all legal advice
upon which you or they intend to rely, and no representation
or warranty is made by BKAutos.com, whether expressed or
implied, upon which you or your client may rely upon as
any form of legal advice.
The Lender is solely responsible for its services to you,
and you agree that BKAutos.com 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. Loans may only
be made to residents of 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. BKAutos.com 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. BKAutos.com 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, BKAutos.com 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. BKAutos.com does not charge you, the
User, a fee to use our service. BKAutos.com is paid a fee
by participating Lenders for the goods, facilities and services
provided. Your use of this Web site and/or BKAutos.com's
services constitutes your agreement with this compensation
arrangement.
By hitting the "Submit Application" button, you
understand and agree that you are submitting an inquiry
as to a lending product with BKAutos.com and each of the
Lenders to whom your loan request is transmitted. By submitting
the loan request containing your electronic signature, you
are extending an express invitation to each of the Lenders
making you loan offers to contact you by the methods you
have provided so they may assist you with your transaction,
and you hereby consent to any such calls even if your phone
number is on any Do Not Call list. By saving your information
with BKAutos.com and/or submitting a loan request, you give
BKAutos.com permission to make recorded calls to remind
you of any deadlines or issues in connection with your loan
request.
Create an Account/Registration
By creating an account or otherwise registering with this
site, you hereby understand and agree that you have established
a business relationship between you and BKAutos.com, which
is the owner of this site. As such, you agree that BKAutos.com
may contact you using information you provided with information
and offers of services available through BKAutos.com and
any of its websites.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Web site are: Copyright © 2006
BKAutos.com. All rights reserved. BKAutos.com is a service
mark of BKAutos.com. Other product and company names mentioned
herein, including the names of participating Lenders, may
be the trademarks of their respective owners.
DISCLAIMERS AND LIMITATIONS
BKAutos.com intends that the information contained in its
Web site be accurate and reliable; however, errors sometimes
occurs. In addition, changes and improvements to the information
provided herein may be made by BKAutos.com at any time.
THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND
SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS."
BKAUTOS.COM AND/OR ITS SUPPLIERS AND 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 AND/OR BKAUTOS.COM'S
SERVICES IS AT YOUR OWN RISK. BKAUTOS.COM AND/OR ITS SUPPLIERS
AND 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 AND/OR BKAUTOS.COM'S SERVICES
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 BKAUTOS.COM 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 and/or BKAutos.com's
services, you agree to indemnify BKAutos.com 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. BKAutos.com does not operate or control
in any respect any information, software, products or services
available on such Web sites. BKAutos.com'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
BKAutos.com 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 BKAutos.com, or to any acts or omissions for which you
may contend BKAutos.com is liable, including but not limited
to any claim or controversy as to arbitrability ("Dispute"),
shall be finally, and exclusively, settled by arbitration.
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
arbitration shall be venued in Fort Worth, Texas, except
for Maine consumers for whom the location shall be a place
reasonably convenient to the consumer. 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 BKAutos.com. In any arbitration, BKAutos.com
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, provided,
however, that in Maine any cost to the consumer shall be
limited to the cost of filing a court case. 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
Fort Worth, Texas. 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, except
in Texas where state law will control all rights and remedies
in the arbitration. 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
BKAUTOS.COM 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
BKAutos.com'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 BKAutos.com, the parties
agree that jurisdiction over and venue of any suit shall
be exclusively in the state and federal courts sitting in
Fort Worth, Texas. 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 BKAutos.com and it supersedes all prior or contemporaneous
communications, promises and proposals, whether oral, written
or electronic, between you and BKAutos.com 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 Texas, 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.
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