2ndmortgageinfo.com Web Site Agreement
The 2ndmortgageinfo.com Web Site (the "Site") is an online information
service provided by 2ndmortgageinfo.com ("2ndmortgageinfo.com "), subject
to your compliance with the terms and conditions set forth below. PLEASE READ
THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR
USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH
BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY
NOT ACCESS OR USE THE SITE. 2ndmortgageinfo.com MAY MODIFY THIS AGREEMENT AT ANY
TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF
THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY
TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE
SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and
trademark laws. The owner of the copyrights and trademarks are 2ndmortgageinfo.com,
its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE,
REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL
ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and
download portions of material from the different areas of the Site solely for
your own non-commercial use provided that you agree not to change or delete
any copyright or proprietary notices from the materials. You agree to grant
to 2ndmortgageinfo.com a non-exclusive, royalty-free, worldwide, perpetual license,
with the right to sub-license, to reproduce, distribute, transmit, create derivative
works of, publicly display and publicly perform any materials and other information
(including, without limitation, ideas contained therein for new or improved
products and services) you submit to any public areas of the Site (such as bulletin
boards, forums and newsgroups) or by e-mail to 2ndmortgageinfo.com by all means
and in any media now known or hereafter developed. You also grant to 2ndmortgageinfo.com
the right to use your name in connection with the submitted materials and other
information as well as in connection with all advertising, marketing and promotional
material related thereto. You agree that you shall have no recourse against
2ndmortgageinfo.com for any alleged or actual infringement or misappropriation
of any proprietary right in your communications to 2ndmortgageinfo.com.
TRADEMARKS.
Publications, products, content or services referenced herein or on the Site
are the exclusive trademarks or servicemarks of 2ndmortgageinfo.com. Other product
and company names mentioned in the Site may be the trademarks of their respective
owners.
2. Use of the Site.
You understand that, except for information, products or services clearly identified
as being supplied by 2ndmortgageinfo.com, 2ndmortgageinfo.comdoes not operate, control
or endorse any information, products or services on the Internet in any way.
Except for 2ndmortgageinfo.com- identified information, products or services,
all information, products and services offered through the Site or on the Internet
generally are offered by third parties, that are not affiliated with 2ndmortgageinfo.com
a. You also understand that 2ndmortgageinfo.com cannot and does not guarantee
or warrant that files available for downloading through the Site will be free
of infection or viruses, worms, Trojan horses or other code that manifest contaminating
or destructive properties. You are responsible for implementing sufficient procedures
and checkpoints to satisfy your particular requirements for accuracy of data
input and output, and for maintaining a means external to the Site for the reconstruction
of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET.
2ndmortgageinfo.com PROVIDES THE SITE AND RELATED INFORMATION "AS IS"
AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT,
OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE)
WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND 2ndmortgageinfo.com SHALL
NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM
ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND
OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
2ndmortgageinfo.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR
ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. 2ndmortgageinfo.com HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL 2ndmortgageinfo.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF 2ndmortgageinfo.com OR ITS AUTHORIZED REPRESENTATIVES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE
TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS
OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, 2ndmortgageinfo.com
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
2ndmortgageinfo.com makes no representations whatsoever about any other web site
which you may access through this one or which may link to this Site. When you
access a non-2ndmortgageinfo.com web site, please understand that it is independent
from 2ndmortgageinfo.com, and that 2ndmortgageinfo.com has no control over the content
on that web site. In addition, a link to a 2ndmortgageinfo.com web site does not
mean that 2ndmortgageinfo.com endorses or accepts any responsibility for the content,
or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless 2ndmortgageinfo.com, its officers,
directors, employees, agents, licensors, suppliers and any third party information
providers to the Service from and against all losses, expenses, damages and
costs, including reasonable attorneys' fees, resulting from any violation of
this Agreement (including negligent or wrongful conduct) by you or any other
person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification)
are for the benefit of 2ndmortgageinfo.com and its officers, directors, employees,
agents, licensors, suppliers, and any third party information providers to the
Service. Each of these individuals or entities shall have the right to assert
and enforce those provisions directly against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party without notice at any time
for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea
Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights)
and 6 (Miscellaneous) shall survive any termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws
of The United States of America applicable to agreements made and to be performed
in The United States of America. You agree that any legal action or proceeding
between 2ndmortgageinfo.com and you for any purpose concerning this Agreement
or the parties' obligations hereunder shall be brought exclusively in a federal
or state court of competent jurisdiction sitting in The United States of America
. Any cause of action or claim you may have with respect to the Service must
be commenced within one (1) year after the claim or cause of action arises or
such claim or cause of action is barred. 2ndmortgageinfo.com's failure to insist
upon or enforce strict performance of any provision of this Agreement shall
not be construed as a waiver of any provision or right. Neither the course of
conduct between the parties nor trade practice shall act to modify any provision
of this Agreement. 2ndmortgageinfo.com may assign its rights and duties under
this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
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