| |
TERMS OF
SERVICE (imortgagesites, LLC) |
|
- Acceptance of Agreement: You agree to the
terms and conditions outlined in this Terms of Use Agreement ("Agreement")
with respect to our site (the "Site"). This Agreement
constitutes the entire and only agreement between imortgagesites,
LLC and client “you”, and supersedes all prior or contemporaneous
agreements, representations, warranties and understandings with
respect to the Site, the content, products or services provided
by or through the Site, and the subject matter of this Agreement.
We may amend this Agreement at any time from time to time without
specific notice to you. The latest Agreement will be posted on
the Site, and you should review this Agreement prior to using
the Site.
- Description of Service: This product is a
loan originator, mortgage broker online web site program provided
by imortgagesites, LLC (imortgagesites.com). It allows users to
build and maintain a web site using automated online tools, by
selecting from predetermined designs and options. You are responsible
for obtaining access to the Service and that access may involve
third party fees (such as Internet service provider or domain
registration or any other third party charges). You are responsible
for those fees, including those fees associated with the display
or delivery of advertisements. In addition, you must provide and
are responsible for all equipment necessary to access the Service.
Welcome to www.imortgagesites.com. www.imortgagesites.com ("imortgagesites,
LLC"), provides its Internet services (e.g., imortgagesites,
LLC's web sites and associated services provided thereon are collectively
referred to hereinafter as "Services") to you subject
to the following conditions. If you visit any of imortgagesites,
LLC web sites, including www.imortgagesites.com, you accept these
terms and conditions of this Agreement as if you had signed it.
Before using this site, please read the following carefully. When
you use any current or future imortgagesites, LLC Service you
also will be subject to the guidelines and conditions applicable
to such service or business. If you do not agree to be bound by
the following terms and conditions of this Agreement, please discontinue
your use of imortgagesites, LLC’s Internet Services immediately.
imortgagesites, LLC may amend these Conditions of Use, and other
related documents at any time, in its sole discretion. Any such
amendments will be effective as of the date of such change, unless
otherwise indicated. It is the User’s responsibility to review
any amendments or modifications posted prior to using the Services.
By continuing to use the Services subsequent to any posted amendment
or modification, the User automatically agrees to be bound by
those Conditions of Use amended or modified. Similarly, imortgagesites,
LLC reserves the right to modify, suspend or terminate, in whole
or in part, this Site and/or any services available through the
Site at any time, in its sole discretion.
- Copyright: All content included on this site,
such as text, graphics, logos, button icons, images, audio clips,
digital downloads, data compilations, website style, admin control
panel, and software, is the property of Imortgagesites, LLC or
its content suppliers and protected by United States and international
copyright laws. The compilation of all content on this site is
the exclusive property of Imortgagesites, LLC and protected by
U.S. and international copyright laws. All software used on this
site is the property of Imortgagesites, LLC or its software suppliers
and protected by United States and international copyright laws.
- Copyright Complaint: Imortgagesites, LLC and
its affiliates respect the intellectual property of others. If
you believe that your work has been copied in a way that constitutes
copyright infringement, please contact Imortgagesites, LLC’s legal
department.
- Trademarks: Imortgagesites, LLC , Imortgagesites.com,
Loanrank.com, loanrank.net, ilinksites.com, ilinksite.net, imortgagesite.com,
Imortgagesites.com; THE Imortgagesites.com, Interactive Rates,
and various combinations of the above, as well as other marks
indicated on our site are Imortgagesites, LLC ’ registered trademarks
or are otherwise the trademarks of Imortgagesites, LLC or its
subsidiaries, in the United States and other countries. Other
Imortgagesites, LLC graphics, logos, page headers, button icons,
scripts, service names and service marks are trademarks or trade
dress of Imortgagesites, LLC, imortgagesites.com, or its subsidiaries.
Imortgagesites, LLC's trademarks and trade dress may not be used
in connection with any product or service that is not Imortgagesites,
LLC's, in any manner that is likely to cause confusion among customers,
or in any manner that disparages or discredits imortgagesites.com
or Imortgagesites, LLC. All other trademarks not owned by Imortgagesites,
LLC or its subsidiaries that appear on this site are the property
of their respective owners, who may or may not be affiliated with,
connected to, or sponsored by Imortgagesites, LLC or its subsidiaries.
- License and Site Access: Imortgagesites, LLC
grants you a limited license to access and make personal use of
this site and not to download (other than page caching) or modify
it, or any portion of it, except with express written consent
of Imortgagesites, LLC. This license does not include any resale
or commercial use of this site or its contents; any collection
and use of any product listings, descriptions, or prices; any
derivative use of this site or its contents; any downloading or
copying of account information for the benefit of another merchant;
or any use of data mining, robots, or similar data gathering and
extraction tools. This site or any portion of this site may not
be reproduced, duplicated, copied, sold, resold, visited, or otherwise
exploited for any commercial purpose without express written consent
of Imortgagesites, LLC. You may not frame or utilize framing techniques
to enclose any trademark, logo, or other proprietary information
(including images, text, page layout, or form) of Imortgagesites,
LLC and our affiliates without express written consent. You may
not use any Meta tags or any other "hidden text" utilizing
Imortgagesites, LLC’s name or trademarks without the express written
consent of Imortgagesites, LLC. Any unauthorized use terminates
the permission or license granted by Imortgagesites, LLC. You
are granted a limited, revocable, and nonexclusive right to create
a hyperlink to the home page and the rate shop page of Imortgagesites,
LLC so long as the link does not portray Imortgagesites, LLC,
its affiliates, or their products or services in a false, misleading,
derogatory, or otherwise offensive matter. You may not use any
Imortgagesites, LLC logo or other proprietary graphic or trademark
as part of the link without express written permission.
- Limited License & Permitted Uses: You
are granted a non-exclusive, non-transferable, revocable license
(a) to access and use the Site strictly in accordance with this
Agreement; (b) to use the Site solely for internal, personal,
non-commercial purposes; and (c) to print out discrete information
from the Site solely for internal, personal, non-commercial purposes
and provided that you maintain all copyright and other policies
contained therein. No print out or electronic version of any part
of the Site or its contents may be used by you in any litigation
or arbitration matter whatsoever under any circumstances.
- Restrictions and Prohibitions on Use: Your
license for access and use of the Site and any information, materials
or documents (collectively defined as "Content and Materials")
therein are subject to the following restrictions and prohibitions
on use: You may not (a) copy, print (except for the express limited
purpose permitted by Section 4 above), republish, display, distribute,
transmit, sell, rent, lease, loan or otherwise make available
in any form or by any means all or any portion of the Site or
any Content and Materials retrieved therefrom; (b) use the Site
or any materials obtained from the Site to develop, of as a component
of, any information, storage and retrieval system, database, information
base, or similar resource (in any media now existing or hereafter
developed), that is offered for commercial distribution of any
kind, including through sale, license, lease, rental, subscription,
or any other commercial distribution mechanism; (c) create compilations
or derivative works of any Content and Materials from the Site;
(d) use any Content and Materials from the Site in any manner
that may infringe any copyright, intellectual property right,
proprietary right, or property right of us or any third parties;
(e) remove, change or obscure any copyright notice or other proprietary
notice or terms of use contained in the Site; (f) make any portion
of the Site available through any timesharing system, service
bureau, the Internet or any other technology now existing or developed
in the future; (g) remove, decompile, disassemble or reverse engineer
any Site software or use any network monitoring or discovery software
to determine the Site architecture; (h) use any automatic or manual
process to harvest information from the Site; (i) use the Site
for the purpose of gathering information for or transmitting (1)
unsolicited commercial email; (2) email that makes use of headers,
invalid or nonexistent domain names, or other means of deceptive
addressing; and (3) unsolicited telephone calls or facsimile transmissions;
(j) use the Site in a manner that violates any state or federal
law regulating email, facsimile transmissions or telephone solicitations;
and (k) export or re-export the Site or any portion thereof, or
any software available on or through the Site, in violation of
the export control laws or regulations of the United States.
- Forms, Agreements & Documents: We may
make available through the Site or through other Web sites sample
and actual forms, checklists, business documents and legal documents
(collectively, "Documents"). All Documents are provided
on a non-exclusive license basis only for your personal one-time
use for non-commercial purposes, without any right to re-license,
sublicense, distribute, assign or transfer such license. Documents
are provided for a charge and without any representations or warranties,
express or implied, as to their suitability, legal effect, completeness,
correctness, accuracy, and/or appropriateness. The Documents are
provided "as is", "as available", and with
"all faults", and we and any provider of the Documents
disclaim any warranties, including but not limited to the warranties
of merchantability and fitness for a particular purpose. The Documents
may be inappropriate for your particular circumstances. Furthermore,
state laws may require different or additional provisions to ensure
the desired result. You should consult with legal counsel to determine
the appropriate legal or business documents necessary for your
particular transactions, as the Documents are only samples and
may not be applicable to a particular situation. Some Documents
are public domain forms or available from public records.
- No Legal Advice or Attorney-Client Relationship:
Information contained on or made available through the Site is
not intended to and does not constitute legal advice, recommendations,
mediation or counseling under any circumstance and no attorney-client
relationship is formed. We do not warrant or guarantee the accurateness,
completeness, adequacy or currency of the information contained
in or linked to the Site. Your use of information on the Site
or materials linked to the Site is entirely at your own risk.
We are not a law firm and the Site is not a lawyer referral service.
- Linking to the Site: You may provide links
to the Site, provided (a) that you do not remove or obscure, by
framing or otherwise, advertisements, the copyright notice, or
other notices on the Site, (b) your site does not engage in illegal
or pornographic activities, and (c) you discontinue providing
links to the Site immediately upon request by us.
- Advertisers: The Site may contain advertising
and sponsorships. Advertisers and sponsors are responsible for
ensuring that material submitted for inclusion on the Site is
accurate and complies with applicable laws. We are not responsible
for the illegality or any error, inaccuracy or problem in the
advertiser's or sponsor's materials. Provider imortgagesites,
LLC can sell space of main site www.imortgagesites.com or spaces
of the educators and secondary pages of our client’s sites to
potential companies for advertisement purposes and we do ensure
that it does not create a competition or affect your image in
shape or form. Fees or royalties can only be paid to imortgagesites,
LLC and not to our subscribers what so ever for the advertisement
included but not limited to banners, square spaces, sky scrapper
banners, small links, ads, and all other kind of advertisement.
- Registration: Certain sections of, or offerings
from, the Site may require you to register. If registration is
requested, you agree to provide us with accurate, complete registration
information. Your registration must be done using your real name
and accurate information. Each registration is for your personal
use only and not on behalf of any other person or entity. We do
not permit (a) any other person using the registered sections
under your name; or (b) access through a single name being made
available to multiple users on a network. You are responsible
for preventing such unauthorized use.
- Errors, Corrections and Changes: We do not
represent or warrant that the Site will be error-free, free of
viruses or other harmful components, or that defects will be corrected.
We do not represent or warrant that the information available
on or through the Site will be correct, accurate, timely or otherwise
reliable. We may make changes to the features, functionality or
content of the Site at any time. We reserve the right in our sole
discretion to edit or delete any documents, information or other
content appearing on the Site.
- Third Party Content: Third party content may
appear on the Site or may be accessible via links from the Site.
We are not responsible for and assume no liability for any mistakes,
misstatements of law, defamation, omissions, falsehood, obscenity,
pornography or profanity in the statements, opinions, representations
or any other form of content on the Site. You understand that
the information and opinions in the third party content represent
solely the thoughts of the author and is neither endorsed by nor
does it necessarily reflect our belief.
- Unlawful Activity: We reserve the right to
investigate complaints or reported violations of this Agreement
and to take any action we deem appropriate, including but not
limited to reporting any suspected unlawful activity to law enforcement
officials, regulators, or other third parties and disclosing any
information necessary or appropriate to such persons or entities
relating to your profile, email addresses, usage history, posted
materials, IP addresses and traffic information.
- Nontransferable: Your right to use the Site
is not transferable or assignable. Any password or right given
to you to obtain information or documents is not transferable
or assignable.
- Client’s Account: If you use this site, you are responsible
for maintaining the confidentiality of your account and password
and for restricting access to your computer, and you agree to
accept responsibility for all activities that occur under your
account or password. Imortgagesites, LLC and its affiliates reserve
the right to refuse service, terminate accounts, remove or edit
content, or cancel orders in their sole discretion.
- User Conduct: You agree to not use the Service
to upload, post, email, transmit or otherwise make available any
Content that is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, religious, vulgar, obscene, pornographic,
libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable. It is a condition of your
use of any Imortgagesites, LLC Internet Service that you do not
restrict or inhibit any other user from using and enjoying the
Service; post or transmit any unlawful, threatening, abusive,
libelous, defamatory, obscene, vulgar, pornographic, profane or
indecent information of any kind, including without limitation,
any images or other material depicting nudity, or post or transmit
comments containing harassing or offensive language. Visitors
may submit suggestions, ideas, comments, questions, or other information,
so long as the content is not illegal, obscene, threatening, defamatory,
invasive of privacy, infringing of intellectual property rights,
or otherwise injurious to third parties or objectionable and does
not consist of or contain software viruses, political campaigning,
commercial solicitation, chain letters, mass mailings, or any
form of "spam." You may not use a false e-mail address,
impersonate any person or entity, or otherwise mislead as to the
origin of a card or other content. Imortgagesites, LLC reserves
the right (but not the obligation) to remove or edit such content,
but does not regularly review posted content. If you do submit
material, and unless we indicate otherwise, you grant Imortgagesites,
LLC and its affiliates a nonexclusive, royalty-free, perpetual,
irrevocable, and fully sub-licensable right to use, reproduce,
modify, adapt, publish, translate, create derivative works from,
distribute, and display such content throughout the world in any
media. You grant Imortgagesites, LLC and its affiliates and sub-licensees
the right to use the name that you submit in connection with such
content, if they choose. You represent and warrant that you own
or otherwise control all of the rights to the content that you
post; that the content is accurate; that use of the content you
supply does not violate this policy and will not cause injury
to any person or entity; and that you will indemnify Imortgagesites,
LLC or its affiliates for all claims resulting from content you
supply. Imortgagesites, LLC has the right but not the obligation
to monitor and edit or remove any activity or content. Imortgagesites,
LLC takes no responsibility and assumes no liability for any content
posted by you or any third party. You agree that you will not
use the Service, including the information provided therein and
all related, networks and network devices for any unlawful purpose.
Imortgagesites, LLC, in its sole and absolute discretion, shall
determine whether any information transmitted or received violates
this provision. You may not use any material in connection with
any site or other use that contains or is associated with information
or content prohibited by this section.
- Infringement Policy: Imortgagesites, LLC,
pursuant to 17 U.S.C. §512 as amended by Title II of the
Digital Millennium Copyright Act (the "Act"), reserves
the right, but not the obligation, to terminate your license to
use the Service if it determines in its sole and absolute discretion
that you are involved in infringing activity, including alleged
acts of first-time or repeat infringement, regardless of whether
other material or activity is ultimately determined to be infringing.
Imortgagesites, LLC accommodates and does not interfere with standard
technical measures used by copyright owners to protect their materials.
In addition, pursuant to 17 U.S.C. §512©, Imortgagesites,
LLC has implemented procedures for receiving written notification
of claimed infringements and for processing such claims in accordance
with the Act. All claims of infringement must be submitted to
Imortgagesites, LLC in a written complaint that complies with
the requirements below and is delivered to our designated agent
to receive notification of claimed infringement: By mail: .
In addition, any written notice regarding any defamatory or infringing
activity, whether or a copyright, patent, trademark or other proprietary
right must include the following information:
- A physical or electronic signature of a person authorized
to act on behalf of (1) the owner of an exclusive right that
is allegedly infringed or (2) the person defamed.
- Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online
site is covered by a single notification, a representative list
of such works at that site. Similarly, for materials that are
defamatory or infringe patent, trademark, or other proprietary
rights of a third party, please submit a list of such materials.
- Identification of the material that is claimed to be infringing,
to be the subject of infringing activity, or that is claimed
to be defamatory and that is to be removed or access to which
is to be disabled, and information reasonably sufficient to
permit us to locate the material.
- Information reasonably sufficient to permit us to contact
you, such as your address telephone number, and/or electronic
mail address.
- A statement that you have a good faith belief that use of
the material in the manner complained of is not authorized by
the copyright or other proprietary owner, its agent, or the
law.
- A statement that the information in the notification is accurate,
and under penalty of perjury, that you are authorized to act
on behalf of the owner of an exclusive right that is allegedly
infringed or on behalf of the person defamed.
- Export Control Information: Unless otherwise
specified, the materials on the Service are presented solely to
provide information regarding and to promote Imortgagesites, LLC’s
Services and products available in the United States, its territories,
& entire world, possessions and protectorates. The Service
is controlled and operated by Imortgagesites, LLC from its offices
within the state of California, United States of America. Imortgagesites,
LLC makes no representation that materials on the Service are
appropriate or available in all states or outside the United States.
Those who choose to access the Service from outside the United
States do so on their own initiative and are responsible for compliance
with local laws, if and to the extent that local laws are applicable.
Software from the Service is further subject to United States
export controls. No software from the Service may be downloaded
or otherwise exported or re-exported (A) in to (or to an national
or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or
any other country to which the U. S. has embargoed goods, or (B)
to anyone on the U.S. Treasury Department list of Specially Designated
Nationals or the U.S. Commerce Department’s Table of Deny Orders.
By using the Service, you represent and warrant that you are not
located in, under the control of, or a national or resident of
any such country or on any such list.
- Use of Information: We reserve the right,
and you authorize us, to the use and assignment of all information
regarding Site uses by you and all information provided by you
in any manner consistent with our Privacy Policy. All remarks,
suggestions, ideas, graphics, or other information communicated
by you to us (collectively, a "Submission") will forever
be our property. We will not be required to treat any Submission
as confidential, and will not be liable for any ideas (including
without limitation, product, service or advertising ideas) and
will not incur any liability as a result of any similarities that
may appear in our future products, services or operations. Without
limitation, we will have exclusive ownership of all present and
future existing rights to the Submission of every kind and nature
everywhere. We will be entitled to use the Submission for any
commercial or other purpose whatsoever, without compensation to
you or any other person sending the Submission. You acknowledge
that you are responsible for whatever material you submit, and
you, not us, have full responsibility for the message, including
its legality, reliability, appropriateness, originality, and copyright.
- Third-Party Services: We may allow access
to or advertise certain third-party product or service providers
("Merchants") from which you may purchase certain goods
or services. You understand that we do not operate or control
the products or services offered by Merchants. Merchants are responsible
for all aspects of order processing, fulfillment, billing and
customer service. We are not a party to the transactions entered
into between you and Merchants. You agree that use of or purchase
from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES
OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES
OF TITLE, FITNESS FOR PURPOSE, and MERCHANTABILITY OR NON-INFRINGEMENT.
UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM
THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION
APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
- Third-Party Merchant Policies: All rules,
policies (including privacy policies) and operating procedures
of Merchants will apply to you while on any Merchant sites. We
are not responsible for information provided by you to Merchants.
The Merchants and we are independent contractors and neither party
has authority to make any representations or commitments on behalf
of the other.
- Payments: You represent and warrant that if
you are purchasing something from us or from Merchants that (i)
any credit information you supply is true and complete, (ii) charges
incurred by you will be honored by your credit card company, and
(iii) you will pay the charges incurred by you at the posted prices,
including any applicable taxes.
- Billing: You agree to pay the fees associated
with this system according to your card issuer agreement. You
agree to allow imortgagesites, LLC to charge the credit card you
provide for all applicable fees relating to this service. Your
credit card statement will list these transactions as issued by
imortgagesites, LLC. You agree not to attempt to reverse charges
without first attempting to resolve your concerns with imortgagesites,
LLC by email or telephone.
- Monthly Billing: You will be billed on a monthly
basis for your use of the system. Charges will occur each month
within 10 days after the day you signed up. For example, if you
sign up on 8 August, your next charge would occur between the
8th and 18th of September, approximately. It is your responsibility
to make sure that you maintain current account and billing information
in the system. You will be notified if your card is about to expire
or is declined via the email you provide for use with this system.
imortgagesites, LLC will attempt to retry declined cards weekly.
If your card is declined three times in a row, your account will
be placed on hold and you will contacted for a new card number.
- Termination: imortgagesites, LLC reserves
the right to terminate this agreement at any time with or without
cause, including your violation of the Terms of Service or failure
to pay monthly fees within 60 days of the date they accrue. Termination
does not release you from the obligation to pay all accrued charges
if you are not on month-to-month base or in a contract, which
varies 1, 2 or 3-year service contract. You may terminate your
account (month to month) at any time by sending an email to
 .
For the termination to be effective, your email must include your
name, username, the date you wish to cancel and your reason for
cancellation. imortgagesites, LLC will not process a prorated
refund for the remainder of the month on your current billing
cycle. Your site will remain active until the end of your current
billing cycle.
- Cancellation of 12 or 24-month Contract: 12
and 24-month contracts are eligible for reduced monthly fees.
If you choose to terminate your annual contract prior to the last
month of the contract, you will be issued a cancellation fee of
two hundred dollars for 12-month contract and three hundred dollar
for 24-month contract (per site hosted).
- Automatic Renewal of 12 or 24 month Contract:
If you opt for a 12 or 24-month contract, your contract will be
automatically renewed when the term is completed. Your new contract
length and monthly price will be the same as the previous contract
– if pricing is different, you will be notified and your approval
will be required for renewal of the contract with new pricing
and terms. You may cancel or change your contract without penalty
for 60 days before or after the end of your contract.
- Legal Compliance: You agree to comply with
all applicable domestic and international laws, statutes, ordinances
and regulations regarding your use of the Site and the Content
and Materials provided therein.
- Refund and Return Policy:
- All our pre-made Services come with a 15-days hassle-free
moneyback guarantee. If due to any reason you are not satisfied
with the Goods, contact us with your order details and we
will issue full refund.
- Due the nature of customized Services (designed and developed
specifically for a Customer), we offer no returns and/or refunds.
- You may obtain any additional information concerning our
refunds policy, by contacting us at
 .
- Communication of Changes in Monthly fees: imortgagesites,
LLC reserves the right to change the amount of the monthly fees
charged in conjunction with this Service with 30 days prior notice.
If you opt for a 12, 24 or 36-month contract your monthly rate
will not change until the term of your contract is completed.
Any changes in fees will be communicated via the email you provide
for use in conjunction with this Service.
- User Account, Password and Security: You will
receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining
the confidentiality of the password and account, and are fully
responsible for all activities that occur under your password
or account. imortgagesites, LLC cannot and will not be liable
for any loss or damage arising from your failure to comply with
this section.
- Modifications to Website: Provider shall notify
Client upon set up of Client’s Web Site. Any additional changes
made to Client’s Web Site after set up, that Provider is required
to make on behalf of Client, will be charged at Provider’s then
hourly rate or pricing suggested in the site.
- Domain Name: If Client wishes to register
a custom domain name ("Domain Name") for the Web Site,
Provider shall cooperate with Client in registering the Domain
Name with the appropriate entity. Client shall be responsible
for promptly paying for all registration and renewal fees for
the Domain Name as charged by Provider or other appropriate entity.
As between Client and Provider, Client shall own all right, title
and interest in and to the Domain Name. Client agrees that Provider
makes no representations nor provides any warranties that a domain
name the Client requests will be available for registration and
Client acknowledges that Provider shall not under any circumstances
be liable to Client or other parties, in the event that the registration
is not made in a timely manner. Client shall be solely responsible
for tracking and ensuring that all required renewals for Client
Domain Names are made in a timely manner. Provider shall cooperate
with Client to renew Domain Names. However, Provider specifically
makes no representations or warranties concerning the automatic
renewal of Domain Names on behalf of Client and under no circumstances
shall Provider be liable to Client or other parties, in the event
that Clients Domain name is not renewed in a timely manner. As
part of the web maintenance/services provided under this Agreement,
Provider will provide Domain Name Server (DNS) assistance. Provider
makes no representations or warranties as to the DNS service provided
to the Client under this Agreement (pursuant to the disclaimers
stated at sections five and six of this Agreement). If Client
arranges for a third party to provide DNS and/or E-Mail service.
Client agrees to hold Provider harmless from any errors made as
a result of the third party's management of the Client’s DNS and/or
E-Mail service. If a third party provides DNS and/or E-Mail service
for Client, and Client needs additional services from Provider
concerning Client’s DNS and/or E-Mail service, additional services
will be provided at Provider’s then hourly rate.
- Spam Policy: Sending bulk unsolicited commercial
email in relation to your site/system is prohibited. We realize
that a certain number of complaints will arise due to the nature
of opt-in mailings and other media purchased online. We work with
our bandwidth providers on a regular basis to resolve these issues.
We require that you inform your recipients that they are receiving
opt-in mail and that you provide a clear method for them to unsubscribe
in each message. Violation of the SPAM/UCE policy may result in
the termination of your account.
- Securities Laws: The Site may include statements
concerning our operations, prospects, strategies, financial condition,
future economic performance and demand for our products or services,
as well as our intentions, plans and objectives (particularly
with respect to product and service offerings), that are forward-looking
statements. These statements are based upon a number of assumptions
and estimates, which are subject to significant uncertainties,
many of which are beyond our control. When used on our Site, words
like "anticipates," "expects," "believes,"
"estimates," "seeks," "plans," "intends,"
"will" and similar expressions are intended to identify
forward-looking statements designed to fall within securities
law safe harbors for forward-looking statements. The Site and
the information contained herein does not constitute an offer
or a solicitation of an offer for sale of any securities. None
of the information contained herein is intended to be, and shall
not be deemed to be, incorporated into any of our securities-related
filings or documents.
- Links to other Web Sites: The Site contains
links to other Web sites. We are not responsible for the content,
accuracy or opinions express in such Web sites, and such Web sites
are not investigated, monitored or checked for accuracy or completeness
by us. Inclusion of any linked Web site on our Site does not imply
approval or endorsement of the linked Web site by us. If you decide
to leave our Site and access these third-party sites, you do so
at your own risk.
- Information and Press Releases: The Site contains
information and press releases about us. We disclaim any duty
or obligation to update this information or any press releases.
Information about companies other than ours contained in the press
release or otherwise, should not be relied upon as being provided
or endorsed by us.
- Indemnity: You agree to indemnify and hold
imortgagesites, LLC , and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees, harmless
from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of Content you submit,
post, transmit or make available through the Service, your use
of the Service, your connection to the Service, your violation
of the TOS, or your violation of any rights of another. Each User
shall indemnify, release, defend, and hold harmless Imortgagesites,
LLC , imortgagesites.com and its affiliates against any claims,
demands, liabilities and damages (including attorneys’ fees) incurred
by each of them concerning, arising out of, or in connection with:
(a)use of the Site and/or Services offered therein; (b) any agreement
by the User to buy or sell a product or service on the Site; (c)
any failure by any User to perform on any obligation under a contract
made through the Site and/or Services offered therein; (d) any
breach or default by any User under these Conditions of Use or
the User’s failure to otherwise comply with or perform its obligations
arising under or by reason of this Agreement; (e) the failure
of any representation made by any User to be true, accurate and
correct as of the date that each Transaction is entered into;
(f) any User or other party changing, modifying or tampering with
in any way the software or functionality of the system; (g) any
dispute arising between the User and any (i) other User or their
agent or common carrier used in connection with any Transaction
made on the system; and (i) any User’s failure to comply in all
respects with applicable Laws arising out of or relating to use
of this Site and/or services therein. The User’s failure to acknowledge
or diligently pursue its indemnification obligations under this
paragraph shall not relieve the User of such obligations.
- Proprietary Software: You agree that you have
no right or claim to the Service's code or technology. You acknowledge
and agree that the Service contains proprietary and confidential
information that is protected by applicable intellectual property
and other laws. Except as expressly authorized by imortgagesites,
LLC, you agree not to modify, rent, lease, loan, sell, distribute
or create derivative works based on this Service, in whole or
in part.
NO WARRANTEES: YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS BEING
PROVIDED "AS IS, WITH ALL FAULTS," AND THAT IMORTGAGESITES,
LLC DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR
IMPLIED, AS TO THE USEFULNESS, ACCURACY, COMPLETENESS, FEASIBILITY
OR RELIABILITY OR EFFECTIVENESS OF THE SERVICE OR THAT THE OPERATION
OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. Without limiting
the previous statement, imortgagesites, LLC hereby disclaims all
warranties of title, non-infringement, implied warranties of merchantability
or fitness for a particular purpose in connection with the Service.
IN NO EVENT SHALL IMORTGAGESITES, LLC BE LIABLE FOR ANY FAILURE,
DISRUPTION, DOWNTIME, INTERRUPTION, MISCALCULATION, INCORRECT
LINKAGE, LOSS OF DATA, DELAY, INACCURACY OR OTHER NONPERFORMANCE
OF THE SERVICE OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM THE
USE OF THE SERVICE. You agree that regardless of the form of any
claim you might have, your sole remedy with respect to any claims
made against imortgagesites, LLC relating to this agreement shall
be limited specifically to reimbursement of payments made for
the services rendered under this agreement. imortgagesites, LLC
may periodically make the system unavailable for routine maintenance,
upgrades, or repairs without liability.
- Limitation of Liability: YOU EXPRESSLY UNDERSTAND
AND AGREE THAT imortgagesites, LLC, ITS EMPLOYEES, AGENTS, REPRESENTATIVES,
PARTNERS, SUPPLIERS OR SUBCONTRACTORS SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF imortgagesites,
LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICE; (v) DAMAGES RESULTING FROM A THIRD PARTY
UNLAWFULLY ENTERING THE SUPPORTING WEB SERVER OR ON-LINE SYSTEM
AND ACCESSING, ALTERING, OR DESTROYING DATA; OR (vi) ANY OTHER
MATTER RELATING TO THE SERVICE.
CHANGES TO TERMS OF SERVICE: Changes to billing procedures will
be communicated via the email you provide for use with this Service.
imortgagesites, LLC reserves the right to change any of the other
sections of the Terms of Service without notice at any time. You
may not make any modification to these terms that will be binding
upon imortgagesites, LLC unless it is made in writing and signed
by both parties.
- DISCLAIMER OF WARRANTIES: THIS SITE IS PROVIDED
BY IMORTGAGESITES, LLC ON AN "AS IS" AND "AS AVAILABLE"
BASIS. IMORTGAGESITES, LLC MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE
OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON
THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT
YOUR SOLE RISK. FULLY PERMISSIBLE BY APPLICABLE LAW, IMORTGAGESITES,
LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. IMORTGAGESITES, LLC DOES NOT WARRANT
THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM IMORTGAGESITES.COM
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IMORTGAGESITES,
LLC FURTHER DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES: (A) THAT
SERVICE WILL BE CONTINUOUS, UNINTERRUPTED AND/OR ERROR-FREE; (B)
CONCERNING THE QUALITY, CREDITWORTHINESS, IDENTITY OR RELIABILITY
OF ANY BUYER OR SELLER AND WHETHER ANY PARTY OR ACCOUNT SHOULD
DO BUSINESS WITH ANY BUYER OR SELLER; (C) AS TO THE ACCURACY OF
POSTINGS OF BIDS OR OFFERS MADE ON THE SYSTEM BY OR ON BEHALF
OF ANY PARTY OR AN ACCOUNT; AND (D) AS TO THE PERFORMANCE OF ANY
SERVICE BY ANY AGENT RELATED TO TRANSACTIONS ON THIS SITE. IMORTGAGESITES,
LLC DOES NOT GUARANTEE THE ACCURACY OF OR PROMOTE OR ENDORSE ANY
INFORMATION POSTED ON THE SYSTEM BY ANY PARTICIPANT OR USER. THE
EXCHANGE EXPRESSLY DISCLAIMS ANY RESPONSIBILITY TO SCREEN, FILTER
OR MONITOR THE CONTENT OF THE SYSTEM OR LINKS TO OTHER WEB SITES.
NOTWITHSTANDING THE ABOVE, IMORTGAGESITES, LLC MAY TAKE ANY ACTION
WITH RESPECT TO ANY INFORMATION POSTED ON THE SYSTEM AS IT DEEMS
NECESSARY OR APPROPRIATE IN ITS SOLE DISCRETION. IMORTGAGESITES,
LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM
THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE
LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- JURISDICTION AND AGREEMENT: The TOS constitute
the entire agreement between you and imortgagesites, LLC and governs
your use of the Service. This agreement shall be governed by the
substantive laws of the State of Utah without regard to conflict
of law principles. You agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Utah,
UT. These terms constitute the entire agreement with respect to
its subject matter and supersede all prior or contemporaneous
agreements, representations, warranties and understandings of
such parties (whether oral or written). The failure of imortgagesites,
LLC to exercise or enforce any right or provision of the TOS shall
not constitute a waiver of such right or provision. If any provision
of the TOS 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 TOS remain in
full force and effect. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out
of or related to use of the Service or the TOS must be filed within
one (1) year after such claim or cause of action arose or be forever
barred.
- APPLICABLE LAW: By visiting imortgagesites.com,
you agree that the laws of the state of California, without regard
to principles of conflict of laws, will govern these Conditions
of Use and any dispute of any sort that might arise between you
and Imortgagesites, LLC or its affiliates.
- DISPUTES: Any dispute relating in any way to
your visit to imortgagesites.com or to products you purchase through
imortgagesites.com shall be submitted to a court of competent
jurisdiction in Alameda County, California, except that, to the
extent you have in any manner violated or threatened to violate
Imortgagesites, LLC 's intellectual property rights, Imortgagesites,
LLC may seek injunctive or other appropriate relief in any state
or federal court in the state of California, and you consent to
exclusive jurisdiction and venue in such courts.
- SITE POLICIES, MODIFICATION, AND SEVERABILITY:
Please review our other policies, such as our Privacy Policy,
posted on this site. These policies also govern your visit to
Imortgagesites, LLC’s web sites. Imortgagesites, LLC reserves
the right to make changes to our sites, policies, and these Terms
and Conditions of use at any time and any such changes shall be
effective immediately. If any of these conditions shall be deemed
invalid, void, or for any reason unenforceable, that condition
shall be deemed severable and shall not affect the validity and
enforceability of any remaining condition.
OUR ADDRESS
Imortgagesites, LLC
652 Cancion Ave
Tracy, Ca. 95391
http://www.imortgagesites.com
- Miscellaneous: This Agreement shall be treated
as though it were executed and performed in San Francisco, California,
and shall be governed by and construed in accordance with the
laws of the State of California (without regard to conflict of
law principles). Any cause of action by you with respect to the
Site (and/or any information, Documents, products or services
related thereto) must be instituted within one (1) year after
the cause of action arose or be forever waived and barred. All
actions shall be subject to the limitations set forth in Section
16 and Section 17. The language in this Agreement shall be interpreted
as to its fair meaning and not strictly for or against any party.
This Agreement and all incorporated agreements and your information
may be automatically assigned by us in our sole discretion to
a third party in the event of an acquisition, sale or merger.
Should any part of this Agreement be held invalid or unenforceable,
that portion shall be construed consistent with applicable law
and the remaining portions shall remain in full force and effect.
To the extent, that anything in or associated with the Site is
in conflict or inconsistent with this Agreement, this Agreement
shall take precedence. Our failure to enforce any provision of
this Agreement shall not be deemed a waiver of such provision
nor of the right to enforce such provision. Our rights under this
Agreement shall survive any termination of this Agreement.
- Arbitration: Any legal controversy or legal
claim arising out of or relating to this Agreement or our services,
excluding legal action taken by us to collect or recover damages
for, or obtain any injunction relating to, Site operations, intellectual
property, and our services, shall be settled solely by binding
arbitration in accordance with the commercial arbitration rules
of JAMS. 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 San Francisco, California, and judgment
on the arbitration award may be entered into any court having
jurisdiction thereof. Either you or we may seek any interim or
preliminary relief from a court of competent jurisdiction in San
Francisco, California necessary to protect the rights or property
of you and us pending the completion of arbitration. Each party
shall bear one-half of the arbitration fees and costs incurred
through.
|
|
 |
|
|
|
