SITE AGREEMENT - OUR TERMS OF
SERVICE
Thank you for visiting the LoanChatLive.com
web site (the "Site"). We want each visitor ("you") to
have a safe, pleasurable visit. Therefore, we have
established the following terms and conditions so that
we (us and you) know what to expect from each other. By
using the Site you agree to be bound by the terms set
forth herein. We may make changes to the Site, these
Terms of Service or the policies and conditions that
govern the use of the Site at any time. We encourage you
to review the Site and these terms periodically for any
updates or changes. Your continued access or use of the
Site shall be deemed your acceptance of these changes
and the reasonableness of these standards for notice of
changes.
YOUR OBLIGATIONS
In consideration of your use of the Site, you agree to: (a) provide true,
accurate, current and complete information about yourself when asked by one
of our mortgage professionals in order for them to service your financial
needs properly, or when contributing to the User Community Forums, and (b)
maintain and promptly update the Account Information to keep it true,
accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or we have reasonable grounds
to suspect that such information is untrue, inaccurate, not current or
incomplete, we may suspend or terminate your use of the Site and refuse any
and all current and future use of the Site.
You will receive a password
and account designation when you register to participate in the Community
Forums. 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. You agree to immediately notify us of any
unauthorized use of your password or account or any other breach of
security.
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YOUR CONDUCT
Any conduct by you that in our sole discretion restricts
or inhibits any other user from using or enjoying the
Site will not be permitted. You agree to use the Site
only for lawful purposes. You are prohibited from
posting on or transmitting through the Site any
unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, sexually explicit, profane,
hateful, fraudulent, racially, ethnically, or otherwise
objectionable material of any kind, including but not
limited to any material that encourages conduct that
would constitute a criminal offense, give rise to civil
liability, or otherwise violate any applicable local,
state, national, or international law.
You agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial purposes, any
portion of the Site, use of the Site, or access to the Site. You agree not
to access the Site by any means other than through the interface that is
provided by us for use in accessing the Site.
COPYRIGHTS
All Web site design, text, graphics, the selection and
arrangement thereof, and all software Copyright 2007,
LoanChatLive.com, Inc. ALL RIGHTS RESERVED. Permission
is granted to electronically copy and to print in hard
copy portions of this Web site for the sole purpose of
placing an order with LoanChatLive.com or using this Web
site as a shopping resource. Any other use of materials
on this Web site; including reproduction for purposes
other than those noted above, modification,
distribution, or republication; without the prior
written permission of LoanChatLive.com is strictly
prohibited. All material and information presented by
LoanChatLive.com is intended to be used for educational
purposes only.
TRADEMARKS
All images and text, and all page headers, custom
graphics and button icons are service marks, trademarks,
and/or trade dress of LoanChatLive.com, Inc. All other
trademarks, product names and company names or logos
cited herein are the property of their respective
owners.
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SITE CONTENT
You acknowledge that the Site contains information,
data, software, photographs, graphics, videos, text,
images, typefaces, sounds, and other material
(collectively "Content") that are protected by
copyrights, trademarks, or other proprietary rights, and
that these rights are valid and protected in all forms,
media and technologies existing now or hereinafter
developed. All Content is copyrighted as a collective
work under the U.S. copyright laws, and we own a
copyright in the selection, coordination, arrangement,
and enhancement of such Content. You may not modify,
remove, delete, augment, add to, publish, transmit,
participate in the transfer or sale of, create
derivative works from, or in any way exploit any of the
Content, in whole or in part. If no specific
restrictions are displayed, you may make copies of
select portions of the Content, provided that the copies
are made only for your personal, information and
non-commercial use and that you do not alter or modify
the Content in any way, and maintain any notices
contained in the Content, such as all copyright notices,
trademark legends, or other proprietary rights notices.
Except as provided in the preceding sentence or as
permitted by the fair use privilege under the U.S.
copyright laws (see e.g. 17 U.S.C. Section 107), you may
not upload, post, reproduce, or distribute in any way
Content protected by copyright, or other proprietary
right, without obtaining permission of the owner of the
copyright or other proprietary right. In addition to the
foregoing, use of any software Content shall be governed
by the software license agreement accompanying such
software, if any.
DISCLAIMERS
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE
RISK. NEITHER WE, NOR OUR AFFILIATES, NOR ANY OF OUR
OFFICERS, DIRECTORS, OR EMPLOYEES, AGENTS, THIRD-PARTY
CONTENT PROVIDERS ("PROVIDERS"), MERCHANTS
("MERCHANTS"), SPONSORS ("SPONSORS"), LICENSORS
("LICENSORS"), OR THE LIKE (COLLECTIVELY, "ASSOCIATES"),
WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR
ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE,
OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY
INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED
THROUGH THE SITE.
THE SITE IS PROVIDED ON AN
"AS IS," "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM WARRANTIES OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US NOR
OUR AFFILIATES, NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, OR THE LIKE, SHALL CREATE A
WARRANTY.
Further,
we explicitly disclaim any responsibility for the
accuracy, content, or availability of information found
on sites that link to or from the Site from third
parties not associated with us. We encourage discretion
when browsing the Internet using our or anyone else's
service. Because some sites employ automated search
results or otherwise link you to sites containing
information that may be deemed inappropriate or
offensive, we cannot be held responsible for the
accuracy, copyright compliance, legality, or decency of
material contained in third-party sites, and you hereby
irrevocably waive any claim against us with respect to
such sites.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY
INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE
SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS,
GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)
THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE
SITE, (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 SITE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT
THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE,
AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN
SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT
PERMITTED BY LAW.
You agree to indemnify and
hold us, and our subsidiaries, affiliates, officers, directors, 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 to or transmit through the Site,
your use of the Site, your connection to the Site, your violation of the
Terms of Use, or your violation of any rights of another.
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EXPORT
The U.S. export control laws regulate the export and
re-export of technology originating in the United
States. This includes the electronic transmission of
information and software to foreign countries and to
certain foreign nationals. You agree to abide by these
laws and their regulations - including but not limited
to the Export Administration Act and the Arms Export
Control Act and not to transfer, by electronic
transmission or otherwise, any Content derived from the
Site to either a foreign national or a foreign
destination in violation of such laws.
OUR RIGHTS
We may elect to electronically monitor areas of the Site
and may disclose any Content, records, or electronic
communication of any kind (i) to satisfy any law,
regulation, or government request; (ii) if such
disclosure is necessary or appropriate to operate the
Site; or (iii) to protect our rights or property or the
rights of the users, Sponsors, Providers, Licensors, or
Merchants. We are not responsible for screening,
policing, editing, or monitoring such Content. If
notified of allegedly infringing, defamatory, damaging,
illegal, or offensive Content, we may investigate the
allegation and determine in our sole discretion whether
to remove or request the removal of such Content from
the Site.
We may terminate your access,
or suspend your access to all or part of the Site, without notice, for any
conduct that we, in our sole discretion, believe is in violation of any
applicable law or is harmful to the interests of another user, a third-party
Provider, Merchant, Sponsor, Licensor, service provider, or us. Because
customer service is paramount to our business, we reserve the right to
refuse to provide professional advice or service to you if it reasonably
appears to us that you intend to resell the information or service.
LINKS TO THIRD PARTY SITES
Occasionally, we may make available a link to a third
party's web site. These links will let you leave the
Site. The linked sites are not under our control and we
are not responsible for the contents of any linked site
or any link contained in a linked site, or any changes
or updates to such sites. We are not responsible for web
casting or any other form of transmission received from
any linked site. We provide the links to you only as a
convenience. We do not endorse the site or its use or
contents.
SUBMISSIONS
We are pleased to hear from our customers and welcome
your comments regarding our services, including the
Site. We request that you be specific in your comments
on our services and products. If you send us comments,
suggestions, ideas, materials, notes, drawings,
concepts, or other information (collectively,
"Submissions"), the Submissions shall be deemed, and
shall remain, our property. None of the Submissions
shall be subject to any obligation of confidence on our
part, and we shall not be liable for any use or
disclosure of any Submissions. Without limiting the
foregoing, you agree that we shall exclusively own and
hereby assign to us without compensation or further
obligation all now known or hereafter existing rights to
the Submissions of every kind and nature throughout the
universe and shall be entitled to unrestricted use of
the Submissions for any purpose whatsoever, commercial
or otherwise, without compensation to the provider of
the Submissions, including the right to publish on the
Site or elsewhere and to use the Submission, including
any suggestions, ideas, etc. contained herein.
APPLICABLE LAW
We control the Site from our offices within the United
States of America. We make no representation that the
Content in the Site is appropriate or available for use
in other locations, and access to them from territories
where their content is illegal is prohibited. Those who
choose to access the Site from other locations do so on
their own initiative and are responsible for compliance
with applicable local laws. You may not use or export
the Content in violation of U.S. export laws and
regulations. Any claim relating to the Site, the
services provided through the Site or the Content shall
be governed by the internal laws of the state of
Washington, without reference to its choice of law
provisions.
TERMINATION
These terms are effective until terminated by either
party. If you no longer agree to be bound by the Terms
of Use, you must cease your use of the Site. Subject to
applicable law, we reserve the right to suspend or deny,
in our sole discretion, your access to all or any
portion of the Site with or without notice. You agree
that any termination of your access to the Site may be
effected without prior notice, and acknowledge and agree
that we may immediately deactivate or delete your
account and all related information and files in your
account and bar any further access to such files or the
Site. Further, you agree that we shall not be liable to
you or any third-party for any termination of your
access to the Site.
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GENERAL INFORMATION
These Terms of Use constitute the entire agreement
between us (you and us) and govern the use of the Site.
You also may be subject to additional terms and
conditions that may apply when you use affiliate
services, third-party content or third-party software.
Our failure to exercise or enforce any right or
provision of the Terms of Use shall not constitute a
waiver of such right or provision. If any provision of
the Terms of Use 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 Terms of Use 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 Site or
the Terms of Use must be filed within one year after
such claim or cause of action arose or be forever
barred.
The section titles in the
Terms of Use are for convenience only and have no legal
or contractual effect.
COPYRIGHT COMPLAINTS
We respect the intellectual property of others, and we
ask our users to do the same. If you believe that your
work has been copied and is accessible on the Site in a
way that constitutes copyright infringement, you may
notify us by providing our copyright agent the following
information:
-
An electronic or
physical signature of the person authorized to
act on behalf of the owner of the copyright
interest;
-
A description of the copyrighted work that you claim
has been infringed, including the URL (i.e., web
page address) of the location where the copyrighted
work exists or a copy of the copyrighted work;
-
Identification of the URL or other specific location
on the Site where the material that you claim is
infringing is located;
-
Your address, telephone number, and email address;
-
A statement by you that you have a good faith belief
that the disputed use is not authorized by the
copyright owner, its agent, or the law;
-
A statement by you, made under penalty of perjury,
that the above information in your Notice is
accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf.
Notice of claims of copyright infringement on the
Site can be sent by email to
admin@LoanChatLive.com.
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