TERMS OF SERVICE AGREEMENT

This Agreement sets forth the Standard Terms and Conditions that apply to use of Itrends, Inc., it's web site and assets as.Itrends, Inc. and its assets will include but not be limited to confirmedlead.com, brokerexec.com., brokerexec.net, itrendsinc.com, personalbills, usamortgagecompany.net other web sites; the terms and conditions of this document apply to each of these and non-disclosed products or assets within or outside of our network; all will herein be considered as and referred to as "Itrends",

USE OF THE SERVICES AND PRODUCTS INDICATES YOUR AGREEMENT TO THE TERMS OF SERVICE AND THE CONDITIONS THAT APPLY..

These Terms of Service agreement, herein called "Agreement", is an agreement independent of any other agreement and relates to the generation, procurement and delivery of marketing products and services tha between you and Itrends. The Parties shall be liable to the other for any breach of this Agreement, and you agrees that your sole recourse in case of such breach shall be against the breaching party.

TERMS AND CONDITIONS
You agree to acknowledge and adhere to the Terms of Service and Conditions of this Agreement; you agree to abide by them during and after use of Itrends collectively and its products, services, websites or benefits, to which such the following terms and conditions will apply:

TERM OF AGREEMENT
The term of this Agreement shall remain in effect for the entire duration of an account bases on the types of accounts set forth below and the terms of service pertaining to each account or as you have selected as a customer.

ACCOUNT TYPES

Automatic Replishment Accounts

Automatic replenishment accounts will automatically renew on each billing cycle as set forth below; you agree to authorize automatic replenishment of account funds through direct-deposit from your institution, credit or debit-card payments or other form of electronic or mail payment; unless we are notified in writing 7 days prior to renewal date. The renewal date will commence on a weekly, bi-weekly, monthly or quarterly basis.

Non-Replenishing Accounts

Voluntary termination of an account will occur if the account funds become depleted or must be recieved in writing within and will be processed within 48 hours of receipt of notification, or for immediate termination contact us directly at 1-877-793-2290 or by contacting the support center at www.brokerexec.com/hosted/ and create a new support ticket requesting termination or putting a hold on the account.

IN-VOLUNTARY TERMINATION OF AN ACCOUNT

You agree to the immediate termination of an account by Itrends for any reason whatesoever, at any time. Criminal misconduct will be notified to local, federal or other authority, can and may result in penalties, fines or imprisonment as puruant by the full extent of law.

MEMBERSHIP ELIGIBILITY
You must be a principal, employ of organized and licensed mortgage broker or lender who is in good standing with the local, national or international or other authority responsible for the regulation of your business, if any. We do not accept brokers, lenders, or any other organization or entity that may in engage in predatory marketing and or lending practices.

USE OF OUR PRODUCT OR SERVICE
As an authorized member, it is your sole responsibility to protect your account information and the web sites, services, data or products you receive from Itrends.

BUYING LEADS
When purchasing leads you agree to pay the amounts as reflected in the pay schedule or terms set forth in each account type at the time purchase. You further agree to be bound by the terms of this agreement and those of each account type.

FUNDING AND ACCOUNT REPLENISHMENT
Adding funds to your account is made possible through electronic payment, credit or debit card, check and or Paypal. Accounts with 0 (zero) balance will deactivate until they are replenishedYou may add money to your account using a credit card (minimum $100), Paypal.com or a Check. If you use a credit card, you agree to not charge back your card for any reason. If you use a check, you agree to not stop payment on the check for any reason. If you charge back your credit card, or if your check or draft is not honored by the bank for any reason, you agree to pay a $100 service fee. You also agree to pay any collection costs and/or attorney fees should collection action be initiated.

DATA PRESERVATION AND STORAGE TERMS
it is your responsibility to ensure you have downloaded the data provided to you and that it is stored in a location outside ot Itrends. Itrends is not responisble for data or lead information that is lost due to any nature or the envitable loss in delivery that may be due to a an inactive or unreachable email address of client; or loss of data at our onsite or offsite facilities and or network and Itrends. A leads will be delivered and distributed through a lead tracking system.

LEAD TRACKING SYSTEM

Itrends provides a lead tracking system as a courtesy and is not included as a paid service. It is your responsibility to safeguard account information including username and password and any sensitive data that you inputted into the system or has been inputted into the Itrends lead tracking system. Loss of lead data purchased could be at risk. The lead tracking system and service can be discontinued at any time for any reason; it is your responsibility to download or copy and store the lead data offsite.

DATA RETURN POLICY
Itrends reserves the right to investigate returns by verifying the data and has the right to refuse returns and deem them invalid for a credit if the data is deemed to be inaccurate and not specific to the account type or lead program. If data is deemed inaccurate as indicated in the conditions set forth your account will not be credited, we are not responsible for decisions made by the contact on the lead such as applying for a loan with another lender or changing their mind or furthering resulting in not answering your phone calls for any reason whatesoever. Each account type will adhere to the rules and return policies herein and as indicated within the individual lead program at time of purchase. Conditions that may qualify for an immediate credit, which can take up to 48 hours for processing, are as follows or as indicated in the lead program: 1) the contact information is incorrect 2) The contact did not fill-out the form 3) The data is a duplicate. All applicable returns will be credited to the account and not refunded to the client..

REFUND POLICY
Applicable refunds include billing errors due to technical malfunction or if you do not recieve leads with 90 days after the time of purchase based on the lead program you have selected. We are not responsible for inaccurate contact or delivery information that you have provided to us and the storage of the data. Refunds will be given to the account holder only no other exceptions apply to the refund policy.

ACCOUNT AND PASSWORD
It is your responsibility to protect your account and password information. Loss of information may result in not accessing our lead tracking system and could delay or prevent you from retrieving data. It is your responsibility to provide Itrends with either an email address for delivery of leads. Furnishing your account and password information to other people is at your sole discretion; Itrends does not distribute account or password information unless instructed by a court of law..

Itrends shall not be liable for any content posted, opinions expressed, or actions taken by any of the Users of Itrends services. Any conduct that violates the laws, regulations, or the accepted norms of the Internet community or the community standards in which the User lives, whether expressly mentioned in this Agreement or not, is strictly prohibited. Itrends reserves the exclusive right to prohibit any activities that it deems will adversely affect its commercial reputation or goodwill, endanger its network, impact its Customers, or expose it to liability or tort.

You agree to the Terms of Service and agree to using such conduct that will not impair or adversely affect Itrends, its members, customers, affiliates and constituents and agree to abide by all local, state, national and international laws and regulations that pertain to the use of our services, products and assets.

It is a violation for anyone who, including but not limited to, employs posts or programs that consume excessive CPU time, server memory, or storage space; permits the use of mail services, mail forwarding capabilities, POP accounts, or auto-responders other than for their own account; or resells access to CGI scripts installed on Itrends servers. Itrends reserves the right to immediately and without notice to the User, terminate any service or process that uses a disproportionate amount of any system resources.

The following shall be construed as violations of this Agreement and may result in suspension or deletion of a Customer’s Users’ account or in Termination of this Agreement.

FAIR LENDING PRACTICES AND CONDUCT WHEN CONTACTING LEADS
You agree to take care and diligent effort to conduct yourself in professional and reasonable manner and abide by the rules and regulations set forth by this Agreement and by those responsible for regulation of your industry, practice and jurisdiction. You agree to providing the highest level of service and benefit of service to the lead contact and will not engage in any lending practices that are prohibited. Any requests to unsubscribe and be removed from any future list must be reported to Itrends within ten (10) business days from time of request. Failure to abide by these rules may result in account termination.You further agree to not using any spamming or automated recurring marketing techniques that adversely affect the integrity of lead, the contact and Itrends. Re-sale of the data is prohibited unless purchased as an exclusive lead. You agree to make every effort to contact your lead immediately upon recieving your lead by e-mail or through the lead tracking system. Itrends is not responsible if you lose your account information or are unable to reach the Lead Tracking System, your e-mail box or the Internet. It is your responsibility to protect the lead data information and adhere to privacy practices of the data you receive.

You agree to hold Itrends harmless and not liable for marketing materials and communications between you and the lead contact. You agree that you will not use Itrends for any illegal purpose, malicious marketing, spamming, junk mail, solicitations or any use of distribution lists to any person who has not given specific permission to be included in such a process You agree to refrain from unlawful, abusive, libelous, harmful, vulgar, obscene, harassing or otherwise conduct or dissemination of information that may be constituted as criminal, give rise to civil liability or otherwise encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.

SYSTEM AND NETWORK SECURITY

Violations of system or network security are strictly prohibited, and may result in criminal or civil liability. Examples include, but are not limited to: allowing unauthorized access, use, probe, or scan of any Itrends system, security, authentication measures, data or traffic; interference with service to any User, host or network, mail bombing, flooding, or attempts to overload a system or broadcast attacks. Customer’s or Customer’s Users shall not engage in forging of any TCP-IP packet header, email headers, or any other information provided or passed through Itrends Systems or Network at any time.

If Itrends becomes aware of an alleged violation of any of the terms contained in this Agreement, or any other policy that has been posted on its web site, made available to Customer via email, or posted in any other form, Itrends shall initiate an investigation. During the investigation, Itrends may restrict Customer or Customer’s Users’ access to Itrends products and services in order to prevent further possible unauthorized activity. Itrends may, at its sole discretion, restrict, suspend, or terminate Customer's account without notice or refund, or pursue civil remedies as it deems necessary. Itrends shall notify the appropriate law enforcement department of any such violations. Itrends shall not be responsible for any payment, refunds, or compensation in any way for service disruptions or termination resulting from violations of this Agreement.

ITRENDS RIGHTS
Posting, uplodaing or submitting information on Itrends, its systems or space provided on our network is warranted by you and represent that you own or otherwise control the rights necessary to do so and to grant Itrends the rights set forth below and permission to:

• Copy, distribute, modify, use, deliver, publicly display, publicly perform, reproduce, publish, sub-license, create derivative works from, transfer, or sell any such communication.

• Deliver to or sub-license to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.

• Publish your name in connection with any such communication.

The foregoing grants shall include the right to exploit any intellectual property or proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. No compensation will be paid or due you with respect to Itrends' or its sub- licensee's use of the materials contained within such communication. Itrends provides systems and services as a courtesy and may terminate access at its discretion. .

RELATIONSHIP OF THE PARTIES
Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.

CONFIDENTIALITY
Lead contact are usually unaware of Itrends and may not know who Itrends is. It is recommended that you disclose to the lead contact that you are calling to verify data and information they provided when filling out one of our mortgage loan application, or inquery forms. The information provided to you by Itrends is proprietary to Itrends and is considered to be confidential information. You shall take all reasonable actions to not disclose PII Personally Identifiable Information diclosed to you by others, in whole or in part, without the prior written permission of Itrends and any use of that information will be applied in a legal manner.

DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
THE ITRENDS SERVICE PROVIDED IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ITRENDS EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE ITRENDS SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ITRENDS, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL ITRENDS, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE ITRENDS SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE ITRENDS SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ITRENDS RECORDS, PROGRAMS OR SERVICES. THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT ITRENDS IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM ITRENDS AND ITS AFFILIATES.

THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.

COPYRIGHT AND TRADEMARKS
All contents of the Itrends Web Site are proprietary to Itrends, and/or its suppliers and are protected under international Copyright and Trademark law. All rights are reserved. Itrends reserves any rights not expressly granted herein.

ARBITRATION
Any legal controversy or legal claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration before the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in North Carolina, as the parties to this agreement agree to be governed by the laws of North Carolina. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in North Carolina necessary to protect the rights or property of party pending the completion of arbitration. The prevailing party from arbitration shall be entitled to reasonable attorney's fees, which shall be set forth by the arbitrator(s). Judgment upon the award rendered may be entered in any court in the state of California with jurisdiction. The decision of the arbitrator shall be final and binding on the parties. The parties shall bear equally all fees, costs and expenses of the arbitration, and each party shall bear its own legal expenses, attorneys fees, and costs of all experts and witnesses, provided, however, the arbitration panel may apportion between the parties, as said arbitrator may deem equitable, the cost incurred by either party.

INDEMNIFICATION
You agree to defend, indemnify and hold harmless Itrends against any and all claims, losses, liability costs and expenses (including but not limited to reasonable attorneys' fees) arising from your violation of these Terms and Conditions or any third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with Itrends.

MISCELLANEOUS
This Agreement constitutes the complete and exclusive agreement between you and Itrends and supercedes any prior Agreements between the parties with respect thereto. This Agreement shall be governed by and construed in accordance with the laws of the state of North Carolina. Each party to this Agreement hereby submits to the exclusive jurisdiction of the courts of the state of North Carolina, and waives any jurisdictional, venue or inconvenient forum objections to such courts.

If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely - confidentiality/non-disclosure, warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.

Itrends failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Itrends right to subsequently enforce such provision or any other provisions of this Agreement. No waiver of any provision of this Agreement shall be effective unless in writing.

Any headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such action.

You may not assign your rights, except in the event of a merger or consolidation of either party, in which case the surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement.

If by reason of failures of telecommunications or internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond the control of Itrends, Itrends is unable to perform in whole or in part its obligations as set forth in this Agreement, then Itrends shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make Itrends liable to you.

MODIFICATION OF AGREEMENT.

Itrends reserves the right to add, modify, or delete any provision of this Agreement at any time and without notice. Itrends reserves the exclusive right and will be the sole arbiter as to what constitutes a violation of any of these provisions.Effective immediately upon making the modified provisions available on the Itrends Web Site. You are responsible for regularly reviewing these documents. Continued use of the Itrends Web Site after any such changes shall constitute your consent to such changes. Itrends does not and will not assume any obligation to notify you of any changes to the Terms of Service.