Updated March 2011
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.
By submitting your contact request, you are consenting to be contacted by
one of our representatives either by telephone, email or mail based on the
information you have provided to us, even if you have opted into the National
Do Not Call List administered by the Federal Trade Commission,
any state equivalent Do Not Call List, the Do Not Call List of an internal company.
You give permission to send you periodic
updates of current services, which may be of interest to you.
Use of the Website and Service.
You certify that: (i) you are at least
eighteen (18) years of age; (ii) you assume full responsibility for the use
of the Service by any minors; (iii) you agree that all information you have
submitted online or otherwise, is
accurate and complete, and that you have not knowingly submitted false information
on or through this Website or Service;
and, (iv) your use of the Service is subject to all applicable federal, state,
and local laws
and regulations.
Prohibited conduct
You must not (i) submit, transmit or facilitate the distribution of information or content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable; (ii) submit, transmit, promote or distribute information or content that is illegal; (iii) attempt to interfere with, compromise
the system integrity or security or decipher any transmissions to or from the servers running the Service; (iv) take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) upload invalid data, viruses, worms, or other software agents through the Service; (vi) use any robot, spider, scraper or other automated access the Service for any purpose without our express written permission; (vii) impersonate another
person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity; (viii) submit, upload, post, email, transmit or otherwise make available any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (ix) interfere with the proper working of the Service; or, (x) bypass the measures we may use to prevent or restrict access to the Service.
Privacy Policy
This site respects your privacy. Personal
information submitted in connection with the Service is subject to our Privacy
Policy.
For more information, see our full Privacy
Policy.
Copyright and Trademark Notice Information
All contents of this website are copyrighted.
All rights reserved. Without prior
permission, you agree not to display or use in any manner, the marks. All other
logos or brand names shown on the Service are trademarks of their respective
owners and/or licensors.
Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in
connection with the Service (“Software”) contain proprietary and
confidential information that is protected by applicable intellectual property
and other laws. You further agree that all materials and/or content, including,
but not limited to, articles, artwork, screen shots, graphics, logos, text,
drawings and other files on the Website
or as part of the Service are copyrights, trademarks, service marks, patents
or other proprietary rights of this site or their
respective intellectual property owners. Except as expressly authorized by
this site, you agree not to modify, copy,
reproduce, sell, distribute or create derivative works based on or contained
within the
Service or the Software, in whole or in part.
This site grants you a personal, non-transferable
and non-exclusive right and license to use the code of its Software on a single
computer; provided that you do not copy, modify, create a derivative work of,
reserve engineer, decompile, reverse assemble or otherwise attempt to discover
any source code, sell, assign, sublicense, grant a security interest in or
otherwise transfer any right in the Software. You agree not to modify the Software
in any manner or form, or to use modified versions of the Software, including,
without limitation, for the purpose of obtaining unauthorized access to the
Service by any means other than through the interface that is provided by this
site for use in accessing the Service.
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. This Site does not operate or control in any respect any information,
software, products or services available on such Web sites. This Site' 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.
Indemnity
As a condition of use of this Web site and/or This Site's services, you agree to indemnify This Site and its suppliers or participating Lenders 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.
No Warranty
This Site PROVIDES THE SERVICE “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURANCY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, This Site MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. This Site DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING
WITHOUT LIMITATION: (i) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (ii) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND, (iii) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
Limitation of Liability
IN NO EVENT WILL This Site BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICE, EVEN IF This Site HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH
OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST This Site WITH RESPECT THIS AGREEMENT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
Release
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE This Site AND ITS AFFILLIATES, PARTNERS, SERVICE PROVIDERS, VENDORS, AND CONTRCTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, comPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE
WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.
Notice
This Site may provide you with notices, including
those regarding changes to the Agreement, by either email, regular mail, or
postings on the Service. All notices to This Site
must be made in writing and forwarded via This Site'
Contact form.
Termination
You agree that This Site may, under certain circumstances and without prior notice, immediately terminate your access to the Service. Cause for such termination shall include, but not be limited to: (i) breaches or violations of the Agreement or other incorporated agreements or the Privacy Policy; (ii) requests by law enforcement or other government agencies; (iii) discontinuance or material modification to the Service (or any
part thereof); and (iv) unexpected technical or security issues or problems. You agree that all terminations for cause shall be made in This Site' sole discretion and that This Site shall not be liable to you or any third party for any termination or access to the Service.
Dealings with Third Parties
Your correspondence or business dealings with any third parties as a result of your visit and participation in the Service, including, but not limited to, business dealings with mortgage brokers or lenders, insurance agents or carriers, or any other terms, conditions, warranties, representations associated with such dealings, are solely between you and such third party. You agree that This Site shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party on the Service.
Disputes
This Agreement will be interpreted in accordance with the laws of the State of California, without regard to the conflicts of laws principles thereof. The parties agree that any and all disputes, claims or controversies arising out of or relating to the Agreement, its interpretation, performance, or breach, that are not resolved by informal negotiation within 30 days (or any mutually agreed extension of time), shall be submitted to final
and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in Los Angeles, California, or its successor. Either party may commence the arbitration process called for herein by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA's Commercial Dispute Resolutions Procedures in effect at the time of submission of the demand for arbitration.
The costs of arbitration plus reasonable attorneys' fees (including fees for the value of services provided by in house counsel) shall be awarded to the prevailing party in such arbitration. Judgment on the award rendered by the arbitrator may be entered in the Superior Court of California, County of Los Angeles, or the United States District Court for the Central District of California. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only
in the Superior Court of California, County of Los Angeles, or the United States District Court for the Central District of California: (i) any dispute, controversy, or claim relating to or contesting the validity of This Site' proprietary rights, including without limitation, trademarks, service marks, copyrights, or trade secrets; or, (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or provisional relief such as
writs of attachments or possession. THE PARTIES AGREE THAT THIS AGREEMENT HAS BEEN ENTERED INTO AT This Site' PLACE OF BUSINESS IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND ANY ARBITRATION, LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE comMENCED AND TAKE PLACE IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA.
Modification to Service
This Site reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that This Site shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Waiver and Severability of Terms
The failure of This Site to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the
Agreement remain in full force and effect.
Disclosure of Your Information
You acknowledge, consent and agree that This Site may access, preserve, and disclose the information we collect about you if required to do so by law or in good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any information or content violated the rights of the third
parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of This Site, its users and the public.
Entire Agreement
The Agreement constitutes the entire agreement between you and This Site and governs your use of the Service, superseding any prior agreements between you and This Site.
Statute of Limitations
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO USE OF THE SERVICE OR THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
