By using the gwloans.com website (the “Website”), you agree to these terms and conditions as an agreement by and between you, gwloans.com and Great Western Financial Services, Inc. (referred to as “we”, “us” or “our”). This Agreement also incorporates our Privacy Policy as if set forth at length herein. If you do not wish to agree to these terms, please refrain from using the Website.

Conditions to use our Website

Your permission to use the Website is conditioned upon your agreement that you:

will comply with these Terms of Use;

are 18 years of age or older;

will not copy or distribute any part of the Website in any manner without our prior written consent;

will not use the Website for any commercial purposes other than the specific commercial activities contained on the Website and will not use it to obtain data or personal information about any other users or to solicit other users or advertisers;

are solely responsible for any content provided by you on the Website, and you are not purposefully providing the personal information of someone else

will not conduct or promote any illegal activities;

will not attempt to reverse engineer or interfere in any way with the functioning of the Website or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure);

will not attempt to gain access to secured portions of the Website;

use the Website to generate unsolicited email advertisements or spam;

use any automatic or manual process to search or harvest information from the Website; or

interfere in any way with the proper functioning of the Website.

Links to Other Sites

We may have links to third-party websites that are not owned, controlled or operated by us. We do not assume any responsibility for the content, privacy policies, or practices of any other websites or their owners. We are not endorsing or recommending any other websites, products or services by the simple inclusion of a link to another website.

Compliance with Laws & Regulations

We strive to be in compliance with all federal and applicable state laws and regulations and this Website is only to be used in states where we are authorized to do business. We are not attempting to do business outside of our authorized states or countries through this Website.

THE DISCLOSURES AND CONSENTS REQUIRED UNDER CERTAIN STATE LAWS ARE DEEMED TO BE PROVIDED, RECEIVED AND AGREED TO BY USE OF THE WEBSITE.

The information you provide to us on this Website, is not treated as a loan application, a request for pre-approval, pre-qualification or similar concepts. Nothing on the Website guarantees any particular loan terms or conditions which may vary depending on your particular circumstances. Nothing on the Website shall be considered a loan offer, rate lock, commitment or any similar concept. We do not guaranty any rates communicated to you on the Website or through subsequent communications are the best on the market.

Communicating With Us Through the Site

By providing us your contact information, you consent to any such follow-up via email or telephone call even if your phone number is on any Do Not Call list. Any subsequent email communication from us will not be considered spam or unauthorized by any local, state or federal law or regulation.We may choose to electronically deliver all information related to our services and your requests. You agree to receive all information, including any required disclosures, electronically through the email address you provided. You will let us know if any such transmissions were incomplete or did not meet any technical requirements of yours.

Subsequent Personal Information and Fraud/ID Theft

The USA PATRIOT Act requires all financial institutions to obtain sufficient information to verify your identity when creating a new banking relationship. You may be asked several questions including your name, address and date of birth, and to provide one or more forms of identification to fulfill this requirement in subsequent communications. If you believe that you’ve been the victim of Online Fraud, or Identity Theft please notify us by either calling 1.877.248.0635 or send an email to support@gwloans.com.

No Liability for Acts of Advertisers or Linked Companies

You waive and release us, our officers, directors, representatives, employees and agents and all of our parent companies, affiliates, related companies and their officers, directors, representatives, employees and agents from, any claims, liabilities, damages, or injury arising from or related to any act or omission of any of the advertisers or linked companies and/or any goods and/or services provided in connection therewith.

Likewise, we make no representations, endorsements, warranties regarding the merchantability, suitability, reputation, professionalism or any other warranties of any kind whatsoever regarding any advertiser on the Website.

Promotions, Sweepstakes and other Contests

We reserve the right to, on occasion, offer special promotions, contests and/or sweepstakes intended to provide you an incentive to use or promote the Website or engage with advertisers or others associated with the Website. The applicable rules will be posted on the Website in or near the description of each such promotion. We reserve the right to interpret the rules related to any such promotion, contest or sweepstakes in our sole discretion, and you hereby agree to our interpretation.

Termination

We reserve the right to alter or discontinue the Website or any of the services provided herein at any time without prior notice. We also reserve the right to terminate this Agreement at our election and for any reason, without prior notice. This Agreement will automatically terminate if, in our sole discretion, you violate any of the terms and conditions set forth below. A termination will result in the immediate cessation of access to the Website. The Disclaimers of Warranty and Limitation of Liability and Indemnity shall survive the termination of this Agreement.

Disclaimers of Warranty and Limitations of Liability

We provide the Website and the related services “as is”, “where is”, and “as available.” We make no express and/or implied warranties or guarantees about the Website, the goods and services described thereon or the Advertisers. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND ANY MERCHANTS WHO ADVERTISE WITH US DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES THAT THE WEBSITE AND SERIVCES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY OR FIT FOR A PARTICULAR PURPOSE OR NEED. WE IN NO WAY GUARANTEE THAT WE WILL MEET YOUR REQUIREMENTS, ARE ERROR-FREE, ACCURATE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE MAKE NO GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE OR CLAIM WITH US IS TO CEASE USE OF THE WEBSITE. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS WHO ADVERTISE HERE, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE WEBSITE IN ANY WAY. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, DAMAGE TO ANY OTHER EQUIPMENT, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS WHO ADVERTISE HERE, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

We strive to provide accurate and reliable information on this Website; however, errors sometimes occur. Furthermore, information on this Website may have been updated, but not yet posted on the Website. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the Website.

Indemnity

You agree to defend, indemnify and hold harmless us, our officers, directors, representatives, employees and agents and all of our parent companies, affiliates, related companies and their officers, directors, representatives, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from: (i) your violation of any term of these Terms of Service; or (ii) your violation of any third party right, including without limitation any copyright, property, privacy right, or any and all intangible or intellectual property rights.

Intellectual Property

We, or people from whom we obtained a license, retain ownership of all intellectual property rights of any kind associated with the Website, including all applicable trademarks, copyrights and other proprietary rights such as trade secrets. Through the use of this Website pursuant to this Agreement, you have a limited right to use the Website, but in no way are we granting any license to you under any of those intellectual property rights. We reserve all rights that are not expressly granted to you in this Agreement. You may print limited numbers of one or more pages from the Website for your personal use.

We retain, to the maximum extent possible, all ownership, without limitation, of all the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein (“Marks”) unless they are marks used by Merchants who have provided them to us for use on this Website. The Marks are owned or licensed to us, subject to copyright and other intellectual property rights under the law of the United States of America, the law of the jurisdiction where you reside, and international conventions. All content on the Website provided by us is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Website.

Entire Agreement

This Agreement, including the Privacy Policy, constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.

Modifications to the Agreement

We reserve the right at all times to discontinue or modify any of these terms and/or our Privacy Policy as we deem necessary or desirable. Such changes may include, among other things, the adding of certain fees or charges. We may, but are not necessarily obligated to notify you via email of any substantial changes, by sending you an e-mail to the e-mail address that is registered with your account and/or by posting notice of the change on the Website. Any changes to this Agreement will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes on our Website. We suggest you, therefore, re-read this section of our Website from time to time to stay informed of any such changes. Use of the Website by you after such notice shall be deemed to constitute acceptance by you of such modifications.

Choice of Law and Dispute Resolution

To the maximum extent authorized by law, the laws of the State of Texas govern the interpretation of this Agreement and any disputes arising in connection with it, regardless of conflict of laws principles. Any claim or dispute between you and us, our officers, directors, agents, parent companies and vendors that arises out of or relates to this Agreement or use of the Website shall be decided exclusively by a court of competent jurisdiction located in Plano, Collin County, Texas.

Miscellaneous

The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. No one shall be deemed a third-party beneficiary to this Agreement.