Effective August 1, 2019
When you use this Site or the Site Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The Site and Site Services and their respective content, features, functionality, visual interfaces, information, graphics, design, compilation, software, and all other elements (collectively, the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights and applicable laws. All Materials are Our property or the property of Our affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed through the Site or Site Services are proprietary to Us, Our affiliated companies and/or third-party licensors. Except as expressly authorized by Us in the End User License section below, you agree not to sell, license, copy, modify, alter, reverse engineer, disassemble, decompile, translate, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. You agree not to disclose, publicly perform or display, transmit, publish, distribute or provide the Materials to any other party.
You agree that any and all information you provide to Us in connection with your use of the Site and Site Services will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times.
YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT:
1. use the Site or Site Services to stalk, harass, abuse, defame, threaten or defraud other users, or collect, attempt to collect, or store location or personal information about others;
2. use the Site or Site Services if you are under the age of 18 years old;
3. use the Site or Site Services for any commercial or non-private use without Our written consent, it being understood that the Site and Site Services are intended for individual, non-commercial use only;
4. use the Site or Site Services for any illegal purpose, or in violation of any local, state or national law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
5. include offensive or pornographic materials in any transmission by or through the Site or Site Services;
6. post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, libelous, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
7. post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
8. impersonate any person or entity, falsely claim an affiliation with any person or entity;
9. misrepresent the source, identity or content of information transmitted via the Site or Site Services;
10. remove, circumvent, disable, damage, reverse engineer, or otherwise interfere with security-related features of the Site or Site Services, digital rights management technologies that are integrated in the Site or Site Services, features that prevent or restrict use or copying of any content accessible through the Site or Site Services, or features that enforce limitations on use of the Site or Site Services;
11. intentionally interfere with or damage operation of the Site or Site Services or any user's use of the Site or Site Services, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
12. attempt to gain unauthorized access to the Site or Site Services, or any part of each, other computer systems or networks connected to the Site or Site Services, or any part of it, through hacking or any other means or interfere or attempt to interfere with the proper working of the Site or Site Services or any activities conducted on the Site or associated with the Site Services; or
13. use any robot, spider, scraper or other automated means to access the Site or Services for any purpose without Our express written permission or bypass Our robot exclusion headers or other measures We may use to prevent or restrict access to the Site or Services or modify the Site or Site Services in any manner or form, nor to use modified versions of the Site or Site Services, including without limitation for the purpose of obtaining unauthorized access to the Site or Site Services.
We reserve the right, but have no obligation, to have our systems monitor any user's use of or access to the Site or Site Services and reserve the right to disable any user's use of or access to the Site or Site Services for any reason and without any notice. We reserve the right to refuse or suspend your access to the Site or Site Services for any reason, at any time and without any notice. These remedies are in addition to any other remedies We may have at law or in equity.
The Site and provision of Site Services may allow the submission of content and materials (such as pictures, audio, video, documents, reviews, ratings, ideas, notes, concepts, or creative suggestions) by you and other users ("User Submissions"). You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize Us to use, all intellectual property and any other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and Site Services; (ii) you have the written consent, release, and/or permission of each and every identifiable individual in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site and Site Services; and (iii) you agree not to make any User Submissions that (x) are unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; (y) are pornographic or obscene, or that harasses, degrades, intimidates or are hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; or that impersonates any person or entity, including, but not limited to, an officer, director, employee, or agent of Us or Our business associates; or (z) includes personal or identifying information about another person without that person's explicit consent. We assume no responsibility whatsoever in connection with or arising from User Submissions.
1. License Grant. We hereby grant you a non-exclusive, non-transferable, revocable license to use the Site to access the Site Services. We also hereby grant you a non-exclusive, non-transferable, revocable license to use the Materials in connection with your personal use of the Site and Site Services.
2.Restrictions. You may not:
a. modify, disassemble, decompile or reverse engineer the Site, except to the extent that such restriction is expressly prohibited by law;
b. rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Materials to any third-party;
c.make any copies of the Materials;
d. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, features that prevent or restrict use or copying of any content accessible through the Site, or features that enforce limitations on use of the Site; or
e. delete the copyright and other proprietary rights notices on the Materials.
3. Open Source. With respect to any open source or third-party code that may be incorporated in the Site or Site Services, such open source code is covered by the applicable open source or third-party license EULA(s) authorizing use of such code.
5. Government End Users. If the Site Services are being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Materials, including without limitation the Site, by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.
6. Export Control. The Site and Site Services are subject to United States export laws and regulations and may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Site and Site Services may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Site and Site Services.
(B) YOUR USE OF THE SITE, SITE SERVICES, CONTENT, MATERIALS AND THIRD-PARTY SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE IS AT YOUR SOLE RISK. THE SITE, SITE SERVICES, CONTENT, MATERIALS AND THIRD-PARTY SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(C) WE DO NOT WARRANT THAT THE SITE, SITE SERVICES, CONTENT, MATERIALS OR THIRD-PARTY SERVICES WILL (i) MEET ALL OF YOUR REQUIREMENTS; (ii) BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THAT ALL ERRORS WILL BE CORRECTED.
(D) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SITE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(F) WE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, (i) DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, (ii) COVER, OR (iii) OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE SITE, SITE SERVICES OR MATERIALS; (2) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (3) OUR ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (4) THE REFUSAL TO PROVIDE YOU WITH ACCESS TO OR TERMINATION OF YOUR ABILITY TO USE THE SITE OR SERVICES; (5) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SITE OR SITE SERVICES; OR (6) ANY OTHER MATTER RELATING TO THE SITE, SITE SERVICES, CONTENT, MATERIALS OR THIRD-PARTY SERVICES.
(G) IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, SITE SERVICES, CONTENT, MATERIALS, OR THIRD-PARTY SERVICES, OR ANY WARRANTIES WE MAY PROVIDE, OR OTHERWISE, EXCEED THE AMOUNTS RECEIVED BY US FROM YOUR MORTGAGE SERVICER FOR PROVIDING YOU THE SITE AND SERVICES TO YOU OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.