ACCESS GRANTED INC. Terms of Use

Access Granted, Inc.
990 Westbury Rd.
Lower Level
Westbury, NY 11590
Phone: (631)651-8322
Fax: (800) 948-5703
Email- Info@Accessgrantednow.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.

Access Granted Incorporated owns and operates this Web site.

SECURITY POLICY
Access Granted uses extensive and sophisticated secure technology to protect your data and transmissions between you, Access Granted, 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 Access Granted and participating Lenders or Access Granted and real estate professionals are encrypted using public key cryptography algorithms with a minimum key size of 128 bits.
• Our database is physically separated from our web server and is protected by a physical firewall.

Although Access Granted has taken these reasonable and appropriate measures to ensure that your personal information is delivered and disclosed only in accordance with your instructions, Access Granted cannot and does not guarantee that the personal information you provide will not be intercepted by others and decrypted.

REAL ESTATE SERVICES
All of the information you have provided in this referral form is true and complete. You authorize Access Granted Incorporated to forward your information to its network of real estate professionals. You further understand and agree that by selecting a real estate company or professional, you are extending an express invitation for them to contact you by telephone at the numbers you have provided, and you hereby consent to any such calls even if your phone number is on the Do Not Call list. In addition, by completing and submitting a request for more information regarding a real estate listing or requesting contact with a real estate professional, you understand and agree that you are extending an express invitation to real estate professionals to call you by telephone at the numbers you have provided, and you hereby consent to any such calls even if your phone number is on the Do Not Call list. You understand that these real estate professionals may keep the information you submit whether or not you communicate with them regarding a real estate listing and whether or not you complete a real estate transaction with them. Real estate programs are administered by Access Granted Incorporated, a licensed real estate broker. In certain geographic areas, Access Granted Incorporated lists and sells homes. However, in connection with its Dream Home Finder® program, Access Granted Incorporated does not list or sell homes. Instead, real estate brokerage activities are performed by local licensed real estate brokers. In connection with its Dream Home Finder® program Access Granted Incorporated acts as a referring broker by referring you to a local real estate broker, and for its services, Access Granted Incorporated receives a real estate brokerage referral fee of up to 48% of the local broker’s commission. Your use of this Web site and/or Access Granted Incorporated services constitutes your agreement with this compensation arrangement. Cash, gift certificates, points or mileage incentives are only available to customers who use an Access Granted Incorporated Network real estate professional to buy or sell their home. Customers must have been connected with the real estate professional through Access Granted Incorporated’s Find a Dream Home Finder ® program 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.

Real Estate 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 Access Granted Incorporated, which is the owner of this site. As such, you agree that Access Granted Incorporated may contact you using information you provided with information and offers of services available through Access Granted Incorporated and any of its websites. You hereby consent to any such communication or phone calls even if your phone number is on any Do Not Call list.

COPYRIGHT AND TRADEMARK NOTICES

All contents of this Web site are: Copyright © 2006-2007 Access Granted Incorporated and/or its suppliers, participating Lenders, or real estate professionals, 990 Westbury Rd. Westbury, NY 11590, U.S.A. All rights reserved. Access Granted is a service mark of Access Granted, INC. Other product and company names mentioned herein, including the names of participating Lenders, may be the trademarks of their respective owners.

CREDIT CORRECTION
Access Granted Incorporated does not guarantee that our credit correction will repair the credit report/credit scores in any way shape or form. We are not responsible or can be held liable if there is no change to the credit report. Access Granted Incorporated is not obligated to repay and monies paid for credit correction. Credit Correction fee is non-refundable. Access Granted Incorporated can not be sued or have any legal action taken against them in the credit correction is not reflected in the credit report after monies are paid.

DISCLAIMERS AND LIMITATIONS
Access Granted Incorporated 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 Access Granted Incorporated at any time. THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” ACCESS GRANTED INCORPORATED 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 NON INFRINGEMENT. USE OF THIS WEB SITE AND/OR VITRUVIAN LENDING’S SERVICES IS AT YOUR OWN RISK. ACCESS GRANTED 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 AND/OR ACCESS GRANTED’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, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ACCESS GRANTED 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 Access Granted Incorporated’s services, you agree to indemnify Access Granted 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. Access Granted does not operate or control in any respect any information, software, products or services available on such Web sites. Access Granted’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
Access Granted 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 Access Granted, or to any acts or omissions for which you may contend Access Granted 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 Nassau County, New York. 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 Access Granted Incorporated. In any arbitration, Access Granted 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 Nassau County, New York. 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 joiner 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 ACCESS GRANTED 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 Access Granted’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 Access Granted Incorporated, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Nassau County, New York. 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 Access Granted Incorporated and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Access Granted Incorporated 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 New York, 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.