LeadExcel.com is an independent information service and is not affiliated with any lending institution. We do not recommend, endorse, refer advice nor do we prefer individuals to use any particular company or companies contained within.

TERMS AND CONDITIONS FOR USE OF LeadExcel SERVICES, RECEIPT OF CONSUMER CONTACT INFORMATION AND FOR USE OF THE LeadExcel.com WEBSITE.

BY VISITING OR USING THE LeadExcel.com WEBSITE, OR ANY PAGE OF THE LeadExcel.com WEBSITE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE, AND THAT SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND LeadExcel. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT VISIT OR USE THE LeadExcel WEBSITE OR ANY PAGE OF THE LeadExcel WEBSITE.

LeadExcel is committed to maintaining the privacy and security of any and all information that you provide to LeadExcel through the LeadExcel.com website. Please note that privacy policies of LeadExcel’s affiliates or third parties may apply to information you provide on the LeadExcel.com website. In addition, websites linked to the LeadExcel.com website may have separate privacy policies.

Our services are only available to principals and employees of duly organized and licensed mortgage brokers or lenders whose state licenses are in good standing and who meet our eligibility criteria. LeadExcel, in our sole discretion, reserves the right to determine the eligibility of Broker to receive Leads. Our “Eligibility Criteria” shall mean the following criteria as applied to a Broker:

• Broker must be licensed and in good standing as a residential mortgage broker in all applicable jurisdictions with all applicable regulatory authorities.

• Broker must not engage in, be known to or have a reputation for engaging in, predatory lending practices or other conduct which violates applicable law, regulations, rules of conduct or ethics codes of brokers.

• Broker must not engage in fraud or unfair competition or practices in violation of privacy and/or anti-spam laws.

• That neither you nor anyone in your charge engages or condones any prohibited activity(s) or conduct referenced above.

• That you are authorized to enter into this Agreement and that the performance of the respective obligations hereunder do not violate any other agreement to which you are a party.

LeadExcel, despite our efforts to ensure our leads are within Do-Not-Call legal guidelines, cannot legally stand in your place and absolve you from your responsibility to be in compliance with the law. State and federal Do-Not-Call registries exist to prevent unsolicited telemarketing calls, not calls from persons who have asked to be contacted.

Under Federal rules (and most all states), “safe harbors” exist to allow a Consumer to expressly grant permission to be contacted even though they have registered their phone number with a state or federal Do-Not-Call registry. A Consumer submitting a Quote Request via the internet to LeadExcel or its affiliates is granting permission to be contacted and under safe harbor rules they may be contacted up to 90 days after they submitted the permissive contact Quote Request.

We, along with those affiliates contracted with us, take extraordinary steps to ensure the Consumer knows and understands that by submitting their Quote Request they are granting express permission to be contacted by one or more brokers or lenders signed up with us, even if they are registered on a Do-Not-Call registry.

Finally we record the date, time and IP address for all Quote Requests received by us and can make such data available to you should you need to show when and from where permission to be contacted occurred. NEVERTHELESS, and despite our extraordinary efforts, current law holds you, the caller (telemarketer) responsible to comply with the Do-Not-Call rules.

THEREFORE, if you are unsure about your exposure to fines under the Do-Not-Call laws, we recommend that you work with your independent counsel to develop and implement a compliance plan for your business.

It is important to understand the Lead business to understand why we put the following restrictions on what type of leads can be returned. LeadExcel has built a firm client base based on making our clients’ businesses grow and become more profitable. If you don’t make money from our efforts and we don’t make money from your purchases, we simply do not have a match in this industry.

Returning invalid leads couldn’t be easier. If any lead provided to you does not contain valid basic contact information as described in the previous guarantee section, within Seven (7) days of purchase simply fill out our Lead Return Form available for download at www.LeadExcel.com. Once your form has been filled out, simply send it via email to support@LeadExcel.com. Please do not forget to insert the Lead Id and reasons for returning the Lead. Disputes containing three (3) leads or less from the same batch are processed electronically. Disputed leads in excess of three (3) leads from the same batch will require customer service verification and manual processing. In such circumstances, you will be provided a name and contact phone number to call to complete your dispute.

We use various sources to generate leads, including internal Internet and Telemarketing resources; however, 100% of our leads come through our web sites and are delivered to us in real time and exclusively.

While leads are exclusive to us, they are never delivered exclusive to our customers unless specified. We do have real time lead delivery (delivered to you within minutes of the customer filling out the form), and in batch (next day delivery if the lead is still available). It is important to understand that the leads will not go out more than the max times we have the system set for, and the same leads available in batch tomorrow, are the same leads available live today.

• If you receive a lead more than 24 hours old (for live, it should be minutes old).
• If the phone number is bad (bogus (i.e. 123-4567, etc), is a fax/modem number, or does not belong to the homeowner).
• The lead does not remember requesting information or does not want to be contacted.
• A duplicate lead (we may accidentally send you a duplicate OR the prospect may have submitted the form twice).
• If the prospect is actually just another agent testing the competition.
• The lead is outside your specified parameters.

LeadExcel reserves the right to monitor, validate, either electronically or by physical contact to the Consumer, your disputes and returns to determine their validity.

LeadExcel reserves the right to verify your dispute rationale and in our sole discretion, determine if your dispute is valid. In the event your dispute is determined to be without merit, the charge for the valid lead will stand against your account and no credit will be issued.

In addition, your account will be charged a dispute resolution fee of $10 for each and every lead you attempted to dispute where such dispute is proven to be without merit. You will be notified via your account report of our actions to accept or deny your dispute within ten (10) working days of receipt of your dispute. We do not take back leads in the following situations:

• Leads must be returned within 3 calendar days of the day we sent them to you. NO EXCEPTIONS WILL BE MADE ON THIS. Returns are done thru our system and are easy to process.
• You can not contact the client.
• Client has chosen someone else over you.
• Client was checking.

LeadExcel reserves the right to change or adjust this policy without prior notice to you. You are therefore encouraged to periodically review this Terms of Service Agreement.

The information that you provide in any form will not be disclosed to anyone other than LeadExcel.com or its affiliates. We will not under any circumstances sell, distribute, or provide your information to anyone else.

The data form provided to you by LeadExcel is proprietary to LeadExcel and thus provided to you in confidence and for your individual business use only under this Agreement. YOU MUST KEEP ALL LEAD DATA CONFIDENTIAL. You may use the Lead data provided only for the business purpose contemplated under this Agreement. Without the prior written permission of LeadExcel you may not forward, copy, or otherwise distribute in any form or media, the actual lead data to the prospective borrower or any other third party for any reason nor may you resell the data.

All product names, company names, and logos used in this web site are trademarks or registered trademarks of their respective owners. LeadExcel.com retains all rights to the information displayed on this web site. Unless otherwise specified, copying, redistribution or reproduction in any form of this web site or particular pages of this web site is not permitted without express permission by LeadExcel.com.