Terms of Use

Last revised: April 2010

The terms and conditions set out in this document, as amended from time to time in accordance with this provision, (the “Terms”) govern your use of all members and subscribers and related products and services provided to you by LoanOfficerFormula.com (“LO Formula LLC”) including LoanOfficerFormula marketing resources and materials and other products and services. These Terms come into effect once you enroll in membership, even as a trial member. The Website used in association with the trade-mark LoanOfficerFormula.com® and related products and services are collectively referred to as the “Loan Officer Formula Success System”. LO Formula LLC may at any time revise these Terms, without notice, by updating the posting of these Terms at www.loanofficerformula.com/terms and changing the “Last Revised” reference at the top of these Terms. It is your responsibility to check these Terms regularly for any such revisions. If you do not wish to be further bound by the Terms as amended you must immediately notify Loan Officer Formula.com /LO Formula LLC in the manner prescribed in these Terms and your membership and services from loanofficerformula.com will immediately end. Your continued use of the LoanOfficerFormula System will evidence your agreement to be bound by the Terms effective as of the time they were amended by LoanOfficerFormula.com.

PRICING, PAYMENT AND CANCELLATION OF SERVICES

You will pay the initial and monthly fees of the LoanOfficerFormula.com Success System as they are outlined in the LoanOfficerFormula.com Success System Pricing Appendix, based on your selected package level or special offer package and other applicable fees except if otherwise noted in writing from LoanOfficerFormula.com /LO Formula LLC You may cancel or change levels at any time by LoanOfficerFormula.com/LO Formula LLC receiving notice sent by you in the manner prescribed in these Terms. Such cancellation or level change will take effect at the end of the then current monthly billing period. Packages and pricing are subject to change by LoanOfficerFormula.com /LO Formula LLC at any time with 30 days notice. Services and customizations not included in individual packages will result in additional charges as they are incurred. All pricing is in US dollars.

Upon LoanOfficerFormula.com /LO Formula LLC cancellation of memebership services to you or upon the termination of this Agreement, LoanOfficerFormula.com /LO Formula LLC shall:

(i) upon your request, provide to you one copy of any of your personal database files on the site (includes a copy of the your visible web site graphics/design and HTML content and excludes Loanofficerformula.com proprietary marketing pieces , products, scripts and /tools/modules even if modified for your use and any database code/programming used by LoanOfficerFormula.com/LO Formula LLC.

PROPRIETARY RIGHTS

You acknowledge that except for any content provided by you through use of the customization features, or otherwise any third party content that you make available on or otherwise accessible through the Website (collectively, “Your Content”), all images, graphics, graphical user interfaces, data, charts, graphs, text, mailing lists, contact information, audio, music, videos, names, marks, logos, designs and other content comprising or used in association with the Website or forming part of the LoanOfficerFormula.com System, and the selection, compilation and arrangement of the Website, and all related software (collectively, the “Proprietary Content”), and any modifications to the Proprietary Content and, to the extent made by LO Formula LLC/Loanofficerformula.com , to Your Content, are, to the extent permitted by law, protected by applicable international intellectual property laws (including copyright law, trade-mark law and trade secret law) and are otherwise proprietary and are owned by LO Formula LLC/Loanofficerformula.com or its licensors. LO Formula LLC/Loanofficerformula.com hereby grants you a limited, non-exclusive, non-licensable, non-transferable license to use the LoanOfficerFormula Success System for your personal use for the purposes of advertising and marketing your own products and services in connection with your personal mortgage brokerage practice, and any related use by your clients or potential clients in connection with such products and services. LoanOfficerFormula® is a trade-mark owned LO Formula LLC and no use of such trade-mark is licensed by these Terms.

Except as provided in these Terms, no other rights (including the right to translate or copy, or have translated or copied on your behalf, any Proprietary Content) are expressly or impliedly granted by these Terms and your use is limited to the rights granted above and for the duration specified in the section on Termination below. Once you no longer subscribe to the LoanOFficerFormula.com Success System, you will not be entitled to use the Proprietary Content for any reason or in any way whatsoever, whether on the Internet or otherwise, except that if you are otherwise licensed to use the under a valid agreement, you may do so in accordance with such agreement. Once you no longer subscribe to the LoanOfficerFormula.com Success System, under no circumstances will you be permitted to publish, display, distribute or otherwise use any of the Proprietary Content, or any part of the Proprietary Content, in any way on the Internet or in print or audio/video including, but not limited to, publishing on any website, transmitting via email or other form of communication involving the Internet or any other print or offline method.

YOUR CONTENT

We will be provided a secure means for you to access the Website. You will be solely responsible for other parties to whom you choose to provide this same access. You will be solely responsible for all Your Content and any third party content that you make available on, or otherwise accessible through, the Website, including its legality, reliability, appropriateness, originality and copyright.

THIRD PARTY LINKS

The Website may contain links to third party websites. The inclusion by LoanOfficerFormula.com of any linked website does not imply approval, endorsement or recommendation of the material on such website or any association by LoanOfficerFormula.com/Creative Mortgage Solution Inc with its operators. You may also add third party links to your marketing materials through your use of the customization tools. Your addition or use, or use by any third party, of any hypertext link is entirely at your or their own risk. LoanOfficerFormula.com/LO Formula LLC does not make, and expressly disclaims, any warranty or condition, express or implied, statutory or otherwise, as to third party websites that you or any third party links to through the Website, including any warranties or conditions of merchantable quality, fitness for a particular purpose or non-infringement, or any warranty that such websites will be available, uninterrupted or error free.

RESTRICTED CONDUCT

You will not use the LoanOfficerFormula Success System to: (i) post, propagate, distribute, house, process, store or otherwise in any way handle material that is pornographic, obscene, lewd, lascivious, filthy, excessively violent, harassing, harmful, offensive, disparaging, defamatory, knowingly false or deceptive, or invades any right of privacy or that infringes upon any rights (including intellectual property rights) of any person; (ii) transmit or store any information, data or material, or do anything that causes you to be, in violation of any international, federal, provincial, state or local regulation or law, or those of any applicable mortgage licensing board; or (iii) “spam” or otherwise transmit unsolicited content (including through email) to third parties, or interfere with or disrupt other users, services or equipment on our networks or the Internet. You will comply with all local, provincial, state and federal regulations and laws, and those of any applicable real estate board, governing the transmission, storage, production, and/or retrieval of electronic information, and the collection, use and storage of personal information.

LoanOfficerFormula.com/LO Formula LLC will have the right (but not the obligation) in its sole discretion to monitor, refuse, edit, move or remove any of Your Content , or be entitled to a temporary or permanent injunction to stop you from using the LoanOfficerFormula Success System in a manner thought to be in violation of these Terms or any agreement we may have with its licensors.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE LOANOFFICERFORMULA.COM SUCCESS SYSTEM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOUR USE OF THE SYSTEM IS AT YOUR SOLE RISK. YOU UNDERSTAND AND ACKNOWLEDGE THAT LO Formula LLC CANNOT GUARANTEE YOUR PERSONAL RESULTS –ALL MEMBERS RESULTS WILL VARY . EXCEPT AS EXPRESSLY STATED ON THE LOANOFFICERFORMULA.COM, THERE ARE NO WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FOR EXAMPLE, LO Formula LLC ITS AFFILIATES AND THEIR RESPECTIVE SUPPLIERS AND LICENSORS, MAKE NO WARRANTY OR CONDITION THAT (I) THELOANOFFICERFORMULA.COMSUCCESS SYSTEM WILL BE USEFUL OR MEET YOUR NEEDS OR REQUIREMENTS; (II) THAT THE LOANOFFICERFORMULA SUCCESS SYSTEM WILL BE AVAILABLE, UNINTERRUPTED, RELIABLE, TIMELY, SECURE, PRIVATE, ERROR-FREE OR FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; OR (III) THE INFORMATION OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LOANOFFICERFORMULA SUCCESS SYSTEM WILL BE COMPLETE, ACCURATE OR RELIABLE. ANY INFORMATION OR OTHER CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE LOANOFFICERFORMULA.COM SUCCESS SYSTEM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR OTHER CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CREATIVE MORTGAGE SOLUTIONS, LLC, ITS AFFILIATES OR THEIR RESPECTIVE SUPPLIERS AND LICENSORS, OR THROUGH OR FROM THE LOANOFFICERFORMULA.COMSUCCESS SYSTEM, SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED ON THE WEBSITE. THIS PARAGRAPH SHALL APPLY WITH EQUAL FORCE TO YOUR CLIENTS AND POTENTIAL CLIENTS AND OTHER THIRD PARTIES WHO ACCESS, OR ATTEMPT TO ACCESS, THE MORTGAGE WEB SUCCESS SYSTEM. YOU ACKNOWLEDGE THAT THERE IS NO LEGAL , ACCOUNTING, MEDICAL OR OTHER ADVICE BEING GIVEN HERE AND YOU SHOULD SEEK YOUR OWN GUIDANCE. YOU ACKNOWLEDGE THAT YOU ARE BOUND BY FEDERAL /STATE / AND RESPA GUIDELINES AND THAT YOU MUST CHECK ALL MATERIALS PROVIDED WITH YOUR OWN PROFFESSIONAL COUNSEL TO ASSURE YOU ARE IN COMPLIANCE. SUBSCRIBER ALLOWS LO Formula LLC/ LOANOFFICERFORMULA.COM TO CONTACT YOU BY E-MAIL, FAX, PHONE CALL , MAIL OR ANY OTHER PROPRIETARY METHOD OF COMMUNICATION EVEN IF YOUR MEMBERSHIP IS CANCELLED OR TERMINATED. YOU MAY VOLUNTARILY OPT OUT BY NOTIFYING US BY E-MAIL SUPPORT@LOANOFFICERFORMULA.COM , BY FAX (866) 582-8442 OR BY PHONE (866) 582-8442 OR BY HITTING THE OPT OUT BUTTON AT THE BOTTOM OF AN E-MAIL YOU RECEIVE WHICH WILL ONLY REMOVE YOU FROM FURTHER E-MAILS.

LIMITATION OF LIABILITY

IN NO EVENT SHALL LO Formula LLC, ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF COMMISSIONS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, DAMAGE TO REPUTATION OR OTHER INTANGIBLE LOSSES), WHETHER BASED ON BREACH OF CONTRACT (INCLUDING FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION (WHETHER NEGLIGENT OR OTHERWISE), BREACH OF WARRANTY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH (I) THE USE OR INABILITY TO USE THE LOANOFFICERFORMULA.COMSUCCESS SYSTEM; (II) THE ACCURACY OR EFFECTIVENESS OF THE LOANOFFICERFORMULA.COM SUCCESS SYSTEM; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE CONTENT ON THE WEBSITE; OR (IV) ANY OTHER MATTER RELATING TO THE LOANOFFICERFORMULA.COM SUCCESS SYSTEM.

IN NO EVENT SHALL THE MAXIMUM LIABILITY OF LO Formula LLC, ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS OR LICENSORS, IN THE AGGREGATE, EXCEED THE AMOUNT YOU PAID TO LO Formula LLC FOR THE LOANOFFICERFORMULA.COM SUCCESS SYSTEM IN THE THREE (3) MONTHS PRECEEDING THE EVENT WHICH GAVE RISE TO THE CLAIM.

INDEMNITY

You agree to indemnify and hold LO Formula LLC its affiliates and their respective directors, officers, employees, suppliers and licensors, harmless from any demand, claim, action, suit, proceeding, expenses, losses or damages of any kind whatsoever, including reasonable legal fees, brought by any third party due to, or arising out of, any of Your Content, use of the loanofficerformula.com success System by you or third parties, your violation of these Terms, or your violation of any rights of another.

TERMINATION

You may cancel your membership or trial subscription to the Loanofficerformula.com Success System at any time by LO Formula LLC/loanofficerformula.com receiving notice sent by you in the manner prescribed in these Terms. Such cancellation will take effect at the end of your then current monthly billing period. Creative mortgage Soltuions Inc can cancel your subscription to use the Loanofficerformula.com Success System at any time without notice, for any reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon cancellation of your subscription, the license granted under these Terms shall automatically terminate and you will return or destroy any Proprietary Content that you may have in your possession or control. LO Formula LLC/Loanofficerformula.com shall have no obligation to return any of Your Content to you. If you do not contact us your membership will remain in effect and your trial subscription will be converted to full membership at the level you requested when you enrolled unless you notify us before the end of your trial cancellation term.

NOTICE

Any notice to be provided to LO Formula LLC shall be provided (i) in writing to LO Formula LLC 2146 Belvedere Dr NW Atlanta, GA 30318 ; (ii) by email to support@loanofficerformula.com; (iii) by fax to (866) 582-8442 ; or (iv) by other means specified in writing by LO Formula LLC/Loanofficerformula.com

RELATIONSHIP OF THE PARTIES

The parties to this Agreement are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Neither party shall have the power to obligate or bind the other party. Personnel supplied by LO Formula LLC/Loanofficerformula.com shall work exclusively for LO Formula LLC/Loanofficerformula.com and shall not, for any purpose, be considered employees or agents of You. LO Formula LLC/Loanofficerformula.com assumes full responsibility for the acts of such personnel while performing services hereunder and shall be solely responsible for their supervision, direction and control, compensation, benefits and taxes.

GOVERNING LAW

This Agreement will be governed, construed and enforced in accordance with the laws of the State of Georgia without giving effect to principles of conflict of laws. Both parties agree to submit to exclusive jurisdiction in Georgia with respect to this Agreement and further agree that any cause of action relating to this Agreement shall be brought and maintained in a court in Fulton County, Georgia.

FORCE MAJEURE

Except for the obligations to make payments, neither party shall be liable to the other or any third person for any delay or default in performing its obligations hereunder if such delay or default is caused by force majeure, such as wars or insurrections, riots, acts of government, strikes, work stoppages, labor troubles, fire, explosion, earthquake, flood, embargoes and/or inability to obtain materials, acts of God or other cause outside the reasonable control of the Party.

SEVERABILITY AND WAIVER

If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. The waiver by either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.

ENTIRE AGREEMENT

This Agreement, sets forth the entire understanding and agreement of the parties and supersedes any and all oral or written agreements or understandings between the parties as to the subject matter of this Agreement. No changes or amendments to these Terms shall be binding upon LO Formula LLC/Loanofficerformula.com unless accepted by LO Formula LLC/Loanofficerformula.com in writing. No waiver of any of these provisions shall be deemed a further or continuing waiver of such provision or any other provision of these Terms. No failure on the part of either party to exercise, and no delay in exercising, any right under these Terms shall operate as a waiver of such right.