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Lenders included in the Loan Info Home directory of loan officers
are not affiliated with Loan Info Home in any way. Consumers
to verify authenticity of lenders contacted from this site.
1. Acceptance of Terms
This is a legal agreement ("Agreement") between
you, the user, together with any company or other business
entity you are representing, if any (collectively, the "Member")
and LoanInfoHome.com ("LoanInfoHome"). This Agreement
governs the access and use of all products and services,
including but not limited to LoanInfoHome Web Sites for
which Member registers and which are provided by or through
any web site or co-branded web site owned or controlled
by LoanInfoHome.com, or any successor web sites (collectively,
the "Service"). IF MEMBER DOES NOT AGREE TO THE
TERMS OF THIS AGREEMENT, DO NOT PURCHASE, USE OR ACCESS
THE SERVICE.
The Service is offered to Member conditioned upon Member's
acceptance without modification of this Agreement. Member
acknowledges that, from time to time, it may be necessary
for LoanInfoHome to update or revise certain provisions of
the Agreement. By signing up for any LoanInfoHome Service and
accepting this Agreement, Member agrees that LoanInfoHome may
change the terms of the Agreement in its sole discretion
without specific notice to Member. If Member does not agree
to the changes proposed by LoanInfoHome, or to any terms in
this Agreement, Member's sole and exclusive remedy is to
cancel Member's LoanInfoHome Service ("Member's Account").
Notwithstanding the foregoing, LoanInfoHome reserves the right
to cancel, suspend or refuse access to the Service to anyone
in its sole discretion. Unless explicitly stated otherwise,
any new features or products that change, augment or enhance
the current Service shall be subject to this Agreement.
2. General Use of the Service
Member shall not use the Service, in whole or in part,
for any purpose that is unlawful or prohibited by this Agreement.
Member agrees that Member will not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license,
create derivative works from, frame in another web page,
use on any other Web site or product, transfer, or sell
any information, software, lists of users, databases or
other lists, products or services provided through or obtained
from the Service other than for use as contemplated in any
Service, including but not limited to the creation or operation
of Member created Web sites, (collectively, "Member
Site")in accordance with this Agreement. This means,
among other activities, that Member agrees not to engage
in the practices of "screen scraping", "database
scraping", or any other activity with the purpose of
obtaining lists of users or other information. Member agrees
that Member will not use the Service in any manner that
could damage, disable, overburden, or impair the Service
or interfere with any other party's use and enjoyment of
the Service. Member may not obtain or attempt to obtain
any materials or information through any means not intentionally
made available or provided for through the Service. Except
with the written permission of LoanInfoHome, Member agrees
that Member will not access or attempt to access password
protected, secure or non-public areas of the Service. If
Member attempts to access prohibited areas of the Service,
Member may be subject to prosecution.
3. Charges Billing and Advertisements
LoanInfoHome reserves the right to charge fees for the Service
or any portion thereof and any applicable fees will be posted
on the LoanInfoHome Web Site. If Member is required to pay
a fee for all or any part of the Service for which Member
has chosen to register. Member hereby authorizes LoanInfoHome
to charge Member's valid and current credit or debit card
in advance for all applicable fees incurred by Member in
connection with Member's chosen Service and Member's Account.
Member's Service and Account will automatically renew at
the end of each subscription period, unless the Service
or Member Account is terminated in advance of the end of
the then-current term. If there are any annual, monthly
or similar periodic subscription fees associated with the
Member Account, these fees will be billed automatically
to the Member's designated valid and current credit or debit
card at the start of each renewal period, unless Member
terminates the Service before the relevant period begins.
If Member registered for the Service using a LoanInfoHome promotional
code or discount, after the initial promotional period expires,
Member's subscription (base package and any purchased upgrades)
will automatically be renewed and billing will continue
at the then-current prices for the Service. Member further
acknowledges that it is Member's responsibility to notify
LoanInfoHome of any changes to Member's credit card and to
update Member's credit card number if Member's credit card
has expired otherwise Member's access to the Service may
be disconnected or interrupted. All fees shall be paid in
U.S. dollars. LoanInfoHome shall consider ownership of an account
and its constituent site(s) to be the identity of the person
providing payment; or for free trial sites, the identity
of the person registered for the trial period.
LoanInfoHome reserves the right to change any fees (which
includes but is not limited to, increasing prices and charging
a fee for upgrades and/or a Service for which LoanInfoHome
does not currently charge a fee) at any time, provided,
however, that LoanInfoHome will provide Member with reasonable
notice prior to making any fee changes. In addition, LoanInfoHome
will also give Member reasonable notice before any modification
to the Service that could adversely impact Member's Site(s).
If Member finds any change to the Service to be unacceptable,
Member is free to cancel any part of the Service or Member's
Account at any time, but LoanInfoHome will not refund any remaining
portion of Member's pre-paid fees when Member cancels any
part of the Service or Member's Account and Member may be
charged a cancellation fee.
Member agrees to pay Member's Account balance on time.
Member also agrees to pay any taxes, including sales or
use taxes, resulting from Member's use of the Service. Member
is responsible and liable for any fees, including attorney
and collection fees, that LoanInfoHome may incur in its efforts
to collect any remaining balances due from Member. This
Section 3 shall in no way limit any other remedies available
to LoanInfoHome. Member also acknowledges and agrees that Member
will be billed for and will pay any outstanding balances
if Member cancels Member's Account or Member's Account is
terminated due to Member's breach of this Agreement. Member
must notify LoanInfoHome of any billing problems or discrepancies
within sixty (60) days after they first appear on Member's
credit card account statement. If Member does not notify
LoanInfoHome within sixty (60) days, Member waives any right
to dispute such problems or discrepancies.
If Member has registered for a trial of a Service ("Trial
Period"), Member will have the entire Trial Period
within which to purchase the Service Member is using in
order to retain any Member Content (as defined below) that
is on the Member Site(s) that Member built during the Trial
Period. If Member have not purchased the Service by the
end of the Trial Period, all of your Member Content will
be deleted. LoanInfoHome is not responsible for any damages
to Member in the event Member decide not to purchase the
Service and LoanInfoHome deletes your Member Content after
the Trial Period expires.
LoanInfoHome may show advertisements on any portion of the
Service which it provides to Members free of charge, excluding
limited timed free trial accounts. Please see section nine
(9) of this Agreement for more information regarding third
party advertising content.
4. Homested Support Services
LoanInfoHome offers e-mail and phone support services.
E-mail Support
Members in good standing may submit an unlimited amount
of support related questions through LoanInfoHome’s
online customer support, available on the LoanInfoHome website.
LoanInfoHome Support can be reached at http://www.LoanInfoHome.com/contact.asp.
5. Member Registration/Privacy Policy
In order for Member to participate in the Service, LoanInfoHome
will require Member to provide specific information about
Member and/or and Member's business. If Member chooses to
become a customer, Member agrees to provide true, accurate
and complete information and to refrain from impersonating
or falsely representing Member's affiliation with any person
or entity. Member shall maintain a valid email address at
a all times. Member shall be responsible for maintaining
the confidentiality of Member's Account and password and
shall be responsible for any and all transactions by users
given access to such account or password and any and all
consequences of use or misuse of such account and password.
Member shall be responsible for all actions by such users,
including without limitation former employees and former
partners, and shall indemnify LoanInfoHome for such actions
as set forth in Section 14.
Any information supplied by Member upon registering for
the Service and any other information about Member and/or
Member's business (collectively, "Member Data")
is subject to LoanInfoHome's Privacy Policy. LoanInfoHome will
send Member newsletters and e-mail messages to inform Member
of new products, promotions, features and helpful tips for
LoanInfoHome services . LoanInfoHome will also use email to inform
Member of important policy changes or subscription renewal
notices. For more information, Members may review the LoanInfoHome
Privacy Policy which is hereby incorporated into this Agreement.
6. Member Account Limitations
Member hereby acknowledges that LoanInfoHome may, from time
to time, establish general practices and limits concerning
the use of the Service, including without limitation:
(a) the maximum number of days that email messages, guest
book entries, discussion board postings or other content
posted on the Member Web Site will be retained by LoanInfoHome,
(b) maximum limits on bandwidth usage that will be allotted
to Member,
(c) maximum limits on storage space,
(d) the maximum number of Web sites per Member Account,
(e) maximum number of photographs or other data according
to the type of Member Account,
(f) maximum limits on the number of pages within each Member
Web Site, and
(g) maximum time limitations for the retention of Member
Content following a Trial Period or account cancellation.
LoanInfoHome further reserves the right to delete at any
time without prior notice duplicate images uploaded for
printing. Any of the foregoing limits will be consistent
with the Service (including any upgrades) for which Member
has registered. Member agrees that LoanInfoHome has no responsibility
or liability for the deletion or failure to store any content
maintained or transmitted by the Service. Member further
acknowledges and agrees that LoanInfoHome reserves the right
to change these general practices and limits at any time,
in its sole discretion, with or without notice. Member also
acknowledges that any references to unlimited Web sites
("Unlimited Sites") offered per paying account
shall be defined as not exceeding 99 sub domain sites per
paying account. LoanInfoHome reserves the right to charge
member for any third party fees associated with the creation
of additional sites, including but not limited to domain
registration fees. Additionally, the PhotoSite service has
the following service specific bandwidth limitations:
7. Content Submitted to LoanInfoHome
The Service includes a number of venues such as Member
sites, Discussion Boards and/or other message or communication
facilities designed to enable Members to disseminate and
exchange thoughts and opinions to and with other users or
the public. Although LoanInfoHome firmly believes in the value
of free and open dissemination and exchanges; however, it
is under no obligation, but does reserve the right, to monitor,
pre-screen, or otherwise remove any content stored in its
servers. Therefore, LoanInfoHome cannot be responsible for
the appropriateness, accuracy, sufficiency, correctness,
veracity, completeness, or timeliness of such thoughts and
opinions. Member acknowledges that Member should always
use caution when posting any personally identifying information
about Member or Member's employees on the Service, the Member
Site, or any other user sites.
8. Member Conduct
Member's right to use the Service is personal to Member
and Member's company and its employees (if applicable).
Member, and not LoanInfoHome, is entirely responsible for all
information, data, text, software, music, sound, photographs,
graphics, video, messages or other materials ("Member
Content") posted via the Service. Member, and not LoanInfoHome,
is also responsible for compliance with all laws, regulations
and ordinances connected with all aspects of Member's use
of the Service. Member shall not use the Service for any
illegal purpose in violation of any local, state, federal
or international law. Member must provide all required and
appropriate warnings, information and disclosure, comply
with all applicable laws and regulations, and take all other
required and appropriate actions (collectively, "Information
and Actions") in connection with Member's use of the
Service. If the Service does not provide adequate facility
or features for Member to provide such Information and Actions,
then Member shall not use the Service.
LoanInfoHome does not control or monitor the Member Content
posted via the Service and as such, does not guarantee the
accuracy, integrity or quality of such content. LoanInfoHome
reserves the right, but is not obligated to review the Member
Content posted via the Service and to refuse or remove any
such materials in its sole discretion, without notice at
any time. LoanInfoHome also reserves the right to disclose
any information or materials as necessary to satisfy any
applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or remove any information
or materials, in whole or in part, from the Member Content
in LoanInfoHome's sole discretion. With respect to the content
on the Member Web Site, Member agrees not to:
(a) post, upload or otherwise transmit any content which
is misleading to others or impersonate any person or entity
or falsely state or otherwise misrepresent Member's affiliation
with a person or entity to others, including, but not limited
to, consumers;
(b) post, upload or otherwise transmit any content that
is threatening, abusive, harassing, tortious, defamatory,
obscene, libelous, invasive of another's privacy, hateful,
or racially and ethnically objectionable;
(c) post, upload or otherwise transmit any content that
Member does not have a right to post and transmit under
any law or under contractual or fiduciary relationships
(such as information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
(d) post, upload or otherwise transmit any content, such
that such posting, uploading, or transmission constitutes
the infringement of any patent, trademark, trade secret,
copyright or other proprietary rights of any party;
(e) post, upload or otherwise transmit any materials that
contain software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment and/or attempt to access the accounts of others,
or attempt to penetrate security measures of LoanInfoHome,
its vendors or suppliers or other entities' systems ("hacking"),
whether or not the intrusion results in corruption or loss
of data;
(f) post, upload or otherwise transmit any materials that
impose an unreasonable or disproportionately large load
on LoanInfoHome's infrastructure that exceed the limits provided
by the Service for which Member registered;
(g) post, upload or transmit any unsolicited or unauthorized
advertising, promotional materials, "spam," "chain
letters," "pyramid schemes," or any other
form of solicitation;
(h) interfere with or disrupt the Service or servers or
networks connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected
to the Service;
(i) intentionally or unintentionally violate any applicable
local, state, national or international law, including,
but not limited to, regulations promulgated by the U.S.
Securities Exchange Commission, any rules of national or
other securities exchange, including without limitation,
the New York Stock Exchange, the American Stock Exchange
or the NASDAQ, and any regulations having the force of law;
(j) forge any headers or other manipulation of identifiers
in order to disguise the origin of any content transmitted
through the Service;
(k) promote or provide instructional information about
illegal activities, promote physical harm or injury against
any group or individual, or promote any act of cruelty to
animals; or
(l) sell, distribute, disseminate or link to any sites
for marketing, sales, distribution of: firearms, explosives,
ammunition, liquor, tobacco products and any other products
or services that
(i) Member cannot legally sell,
(ii) are misrepresented, and/or
(iii) if sold via the Member Web Site could cause LoanInfoHome
to violate any law, statute or regulation.
(m) post or disclose any personal or private information
or images about children or any third party without their
consent (or a parent's consent in the case of a minor).
LoanInfoHome may terminate Member's account for failure to
comply with the above listed rules of Member Conduct. Additionally,
LoanInfoHome may request Member to place all or any portion
of the Member Content behind password protection if LoanInfoHome
determines that such content is inappropriate for the community
at large but does not otherwise violate the terms of this
Agreement. If LoanInfoHome has requested Member to place Member
Content behind password protection or if Member independently
determines that the Member Content appropriately belongs
behind password protection, Member may not publish the password
in such a way that negates the limited-access nature of
the password protected site. If LoanInfoHome requests Member
to place any Member Content behind password protection and
Member fails to do so promptly, LoanInfoHome reserves the right
to (a) place such content behind password protection itself,
or (b) terminate Member's Account.
9. Discussion Boards
As part of the Service, LoanInfoHome provides its Members
with a venue and an opportunity to participate in discussion
boards ("Discussion Boards"). Member shall abide
by all terms and conditions of LoanInfoHome's Discussion Board
Policy, which is hereby incorporated by reference, in utilizing
the Discussion Boards. Please see LoanInfoHome's Discussion
Boards Policy for more information.
10. Third Party Content
For Member's convenience, the Service may contain products,
services, content and information from third party providers
(which includes advertisers and affiliates) and/or links
to their Web sites ("Third Party Content"). Such
Third Party Content is not under the control of LoanInfoHome
and LoanInfoHome is not responsible for such content, including,
without limitation, any link contained in such content,
or any changes or updates to such content. LoanInfoHome is
under no obligation, but does reserve the right to pre-screen
Third Part Content available on the Service and does not
assume any responsibility or liability for the content provided
by others. LoanInfoHome is providing such Third Party Content
to Member only as a convenience, and the inclusion of such
content does not imply endorsement by LoanInfoHome of such
content or the affiliate or advertiser. Member may be subject
to additional and/or different terms, conditions, and privacy
policies when using third party products, services, content,
software, or sites. LoanInfoHome does reserve the right to
remove content that, in LoanInfoHome's judgment, does not meet
its standards, but LoanInfoHome is not responsible for any
failure or delay in removing such material.
LoanInfoHome is not and will not be responsible for (i) the
terms and conditions of any transaction between Member and
any third party, (ii) any insufficiency of or problems with
any such third party's background, insurance, credit or
licensing, or (iii) the quality of services performed by
any such third party or any other legal liability arising
out of or related to the performance of such services. In
the event that Member has a dispute with any such third
party, Member releases LoanInfoHome (and its affiliates, suppliers,
agents and employees) from any and all claims, demands and
damages (actual and consequential) of every kind and nature,
known and unknown, suspected and unsuspected, disclosed
and undisclosed, arising out of or in any way connected
with such disputes.
11. DISCLAIMER OF WARRANTIES.
MEMBER EXPRESSLY UNDERSTANDS AND AGREES THAT:
(A) MEMBER'S USE OF THE SERVICE IS AT MEMBER'S SOLE RISK.
LOANINFOHOME AND ITS SUPPLIERS PROVIDE THE SERVICE, INCLUDING
ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION
MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, AND THE
MEMBER SITE(S) "AS IS" AND WITHOUT ANY WARRANTY
OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
(B) LOANINFOHOME AND ITS SUPPLIERS MAKE NO WARRANTY THAT (i)
THE SERVICE WILL MEET MEMBER'S REQUIREMENTS, (ii) THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND
(iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION
OR OTHER MATERIAL PURCHASED OR OBTAINED BY MEMBER THROUGH
THE SERVICE WILL MEET MEMBER'S EXPECTATIONS.
(C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SERVICE, OR MEMBER SITES IS DONE AT MEMBER'S
OWN DISCRETION AND RISK, AND MEMBER WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL LOANINFOHOME AND/OR ITS SUPPLIERS BE LIABLE
FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING,
INCLUDING NEGLIGENCE) EVEN IF LOANINFOHOME OR ANY OF ITS SUPPLIERS
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING
OUT OF OR IN CONNECTION WITH
(A) THE USE OR INABILITY TO USE THE SERVICE,
(B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES,
(C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE
ARISING OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR
(E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES
DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING
LIMITATION MAY NOT APPLY TO MEMBER. IN NO EVENT SHALL LOANINFOHOME'S
AGGREGATE LIABILITY TO MEMBER AND/OR ANY THIRD PARTY ARISING
FROM OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT MEMBER
ACTUALLY PAYS TO LOANINFOHOME UNDER THIS AGREEMENT DURING THE
TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE OR
$500.00, WHICHEVER IS LESS.
Without limiting the foregoing, neither LoanInfoHome nor its
suppliers is responsible for any of Member's data residing
on the Service or LoanInfoHome's suppliers' hardware. Member
is responsible for backing-up Member's data and information
that may reside on the Service or LoanInfoHome's suppliers'
hardware, whether or not such information is produced through
the use of the Service. It is Member's responsibility to
take the necessary steps to ensure that Member's primary
means of business is maintained (if applicable).
13. Proprietary Rights to Member Content
LoanInfoHome does not claim ownership of the Member Content
that Member provides to LoanInfoHome and/or places on the Member
Site. However, Member grants LoanInfoHome a worldwide, royalty-free,
non-exclusive license to (i) host, use, reproduce, modify,
distribute, transmit, combine with information provided
by third parties, and publicly display the Member Content
on and through the Service and in LoanInfoHome's promotional
or advertising materials (only for the limited purpose of
promoting the Service), and (ii) sublicense to third parties
such Member Content to the extent necessary for the creation
and maintenance of, in part or in whole, such Web sites.
No compensation will be paid or due Member with respect
to LoanInfoHome's or its sublicensee's use of the materials
as licensed above. By posting messages, uploading files,
inputting data, submitting any feedback or suggestions,
or engaging in any other form of communication with or through
any Member Site, Member warrants and represents that Member
owns or otherwise controls the rights necessary to do so
and to grant LoanInfoHome the license set forth above, and,
pursuant to the terms set forth in Section 14, Member will
defend and indemnify LoanInfoHome and its suppliers from any
third party claim related to a breach of any of the foregoing
representations and warranties.
14. LoanInfoHome Proprietary Rights/Software Licenses
Member acknowledges and hereby agrees that the Service
and any software used in connection with the Service (the
"Software") contain proprietary and confidential
information that is protected by applicable intellectual
property and other laws. Member further acknowledges and
agrees that content contained in sponsor advertisements
or information presented to Member through the Service,
advertisers and/or Discussion Boards is protected by applicable
copyrights, trademarks, service marks, patents and other
proprietary rights and laws.
LoanInfoHome provides Member with a non-exclusive, non-transferable,
limited license to use the Software, which Member agrees
to use in accordance with this Agreement. Member may not
sub-license or charge others to use or access the Software
without first obtaining written permission or a written
agreement from LoanInfoHome. The Software is owned by LoanInfoHome
and/or its suppliers and is protected to the maximum extent
permitted by copyright laws and international treaty provisions.
Any reproduction, modification, creation of derivative works
from or redistribution of the Software is expressly prohibited,
and may result in severe civil and criminal penalties. The
Software, its structure, sequence and organization and source
code are considered trade secrets of LoanInfoHome and its suppliers
and are protected by trade secret laws. WITHOUT LIMITING
THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY
OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION
IS EXPRESSLY PROHIBITED. MEMBER MAY NOT DECOMPILE OR DISASSEMBLE,
REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE
CODE CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.
15. Indemnification
Member agrees to indemnify and hold LoanInfoHome and its suppliers,
affiliates, partners, subsidiaries and employees (collectively,
the "Indemnified Parties") harmless from any and
all claims and demands, losses, liability costs and expenses
(including, but not limited to, reasonable attorneys' fees),
incurred by an Indemnified Party arising out of or related
to (i) Member's breach of this Agreement; (ii) any information
(including but not limited to Member Content and Member's
publicly posted information) submitted, posted, or otherwise
provided by Member at the Member Site and/or to LoanInfoHome
and/or its affiliates; (iii) any dispute or litigation between
an Indemnified Party and a third party caused by Member's
actions; and (iv) Member's negligence or violation or alleged
violations of any rights of another. These obligations will
survive any termination of Member's relationship with LoanInfoHome
or Member's use of the Service. To the fullest extent permitted
by law, the foregoing indemnity will apply regardless of
any fault, negligence, or breach of warranty or contract
of LoanInfoHome and/or its suppliers, affiliates, partners,
subsidiaries and employees.
16. Copyright and Trademark Notices
All materials of the Service and the Software (as well
as the organization and layout of the Service are owned
and copyrighted or licensed by LoanInfoHome, its affiliates
or its suppliers. All rights reserved. No reproduction,
distribution, or transmission of the copyrighted materials
of the Service, which includes the LoanInfoHome Web sites
(and any successor Web sites or additional Web sites or
any co-branded Web sites), and/or the Software, is permitted
without the written permission of LoanInfoHome. Any rights
not expressly granted herein are reserved.
LoanInfoHome, LoanInfoHome.com, the LoanInfoHome logo and
other LoanInfoHome logos and product and service names are
trademarks of LoanInfoHome (the "LoanInfoHome
Marks"). Member agrees not to display or use the LoanInfoHome
Marks in any manner whatsoever without LoanInfoHome's prior
permission. From time to time LoanInfoHome may offer a limited
license to Members to display LoanInfoHome award logos or
other symbols of merit on Member Web Sites after LoanInfoHome
in its sole discretion confers such distinctions to the
applicable Members. However, LoanInfoHome reserves the right
to withdraw such logos or symbols and delete them in its
sole discretion for any reason.
17. Notification of Claims of Copyright Infringement
Any notifications of claimed copyright infringement should
be sent to LoanInfoHome's Registered Agent. Please see LoanInfoHome's
Copyright Policy for more information.
18. Modification of the Service
LoanInfoHome reserves the right, at its sole discretion, to,
at any time, modify, or discontinue the Service, temporarily
or permanently, (or any part thereof), including the imposition
of limits on certain features and services or restriction
of access to parts or all of the Service, with or without
notice. Member agrees that LoanInfoHome shall not be liable
to Member or to any third party for any modification, suspension
or discontinuance of the Service. Member further agrees
that LoanInfoHome shall have the right to remove any feature
from the Member Site, with or without notice to Member,
at any time at LoanInfoHome's sole discretion, if LoanInfoHome
discontinues offering the feature for any reason. If Member
does not agree to any such modifications, Member's sole
and exclusive remedy is to cancel Member's Account.
19. Termination/Cancellation of Member Account
Either Member or LoanInfoHome may terminate or cancel Member's
Account (or any part of the Service) at any time, but LoanInfoHome
will not refund any pre-paid fees upon such termination
or cancellation.
a. Termination by Member. Member may cancel your Member
Account or any part of the Service at any time. To cancel
your Service, Member must contact LoanInfoHome at http://www.loaninfohome.com/contact.asp;
or, in certain circumstances at LoanInfoHome's sole discretion,
on a case by case basis, by submitting a cancellation form.
Member will receive a cancellation confirmation via email
after LoanInfoHome processes Member's cancellation request.
LoanInfoHome reserves the right to collect fees, surcharges
or costs incurred before Member cancels Member's Account
in addition to the applicable cancellation fee(s).
Member must provide us with the following information in
order for us to process the cancellation:
The exact name of the Service that Member would like to
cancel
a. Member's username and password
b. Member's email address
c. Member's billing information, including the credit card
number Member used when purchasing the Service
d. Member's reason for canceling the Service
b. Termination by LoanInfoHome. LoanInfoHome may terminate Member's
Service or Member's Account if LoanInfoHome determines, in
LoanInfoHome's sole discretion, to discontinue offering the
Service. Additionally, LoanInfoHome, in its sole discretion,
may terminate Member's Site, Member's Account or Member's
use of the Service for any reason, including, without limitation,
(i) if Member breaches this Agreement, (ii) if LoanInfoHome
is unable to verify or authenticate any information that
Member provides to LoanInfoHome, or (iii) if LoanInfoHome believes
that Member has violated or acted inconsistently with the
spirit of this Agreement. If LoanInfoHome terminates Member's
Account pursuant to (i), (ii) or (iii) above, Member will
forfeit all credits, pre-paid fees, and any other amounts
accruing to Member, if any, and LoanInfoHome shall not be required
to refund, redeem, or pay amounts to Member upon such termination.
c. Effect of Termination. Upon termination of Member's
Account for any reason, LoanInfoHome reserves the right to
(a) collect all charges, fees, commitments and obligations
incurred or accrued by Member; (b) delete any Member Content,
listings, messages or other information in connection with
Member's Account; (c) prohibit Member's access to Member's
Account, including without limitation by deactivating Member's
password; and (d) refuse Member future access to the Service.
In no event shall LoanInfoHome be required to refund, redeem,
or pay amounts to Member upon termination of Service or
return any Member Content.
Member understands and agrees that the cancellation of
Member's Account is Member's sole right and remedy with
respect to any dispute with LoanInfoHome. This includes, but
is not limited to, any dispute related to, or arising out
of: (1) any term of this Agreement or LoanInfoHome's enforcement
or application of any such term; (2) any policy or practice
of LoanInfoHome, including LoanInfoHome's Privacy Policy and Copyright
Policy, or LoanInfoHome's enforcement or application of these
policies; (3) the content available through the Service
or any change in content provided through the Service; (4)
Members' ability to access or use the Service or Member's
Web Site; or (5) the amount or type of fees, surcharges,
applicable taxes, billing methods or change to the fees,
applicable taxes, surcharges or billing methods, if any.
20. Notice
Statements, notices and other communications to Member
may be made by mail, email, postings within Member's account
or other reasonable means. Member shall be solely responsible
for updating the account's registered email and postal address.
LoanInfoHome shall not be responsible for any undelivered notices
caused by Member's failure to update the account information.
LoanInfoHome may also provide notices of changes to the Agreement
or other matters by displaying notices or links to notices
generally on the LoanInfoHome Web Site. Member should refer
to the Member Support page of the Service for information
on how to contact and/or provide notice to LoanInfoHome.
21. Arbitration/ Jurisdiction
Member agrees that any dispute or claim arising out of
or related to the Service or this Agreement, or the interpretation,
making, performance, breach or termination thereof, shall
be finally settled by binding arbitration in Salt Lake County,
Utah under the American Arbitration Association Rules by
one arbitrator appointed in accordance with said Rules.
The proceedings shall be conducted and all evidence shall
be offered in the English language. Member agrees that any
claim against LoanInfoHome must be filed within one (1)
year of the time such claim arose, regardless of any law
to the contrary, otherwise such claim will be barred forever.
Notwithstanding the above, LoanInfoHome may apply to any court
of competent jurisdiction (i) for a temporary restraining
order, preliminary injunction or other interim or conservatory
relief as necessary, including without limitation for breach
of Section 13 (LoanInfoHome Proprietary Rights/Software License)
or (ii) to collect fees due and owing from Member pursuant
to this Agreement, without breach of this arbitration agreement
and without any abridgment of the powers of the arbitrator.
This Agreement shall be governed in all respects by the
laws of the State of Utah, U.S.A. Such law shall be applied
by the arbitrator to the merits of any dispute or claim.
For any non-arbitral action or proceeding arising out of
or related to the Service or this Agreement, both parties
submit to sole and exclusive jurisdiction and venue in the
courts located in Salt Lake County, Utah and further agree
that any such action or proceeding shall be brought in a
court in Salt Lake County, Utah.
A printed version of this Agreement shall be admissible
in judicial or administrative proceedings based upon or
relating to this Agreement to the same extent and subject
to the same conditions as other business documents and records
originally generated and maintained in printed form.
22. General
If any provision of this Agreement is held to be invalid
or unenforceable, such provision shall be struck and the
remaining provisions shall be enforced. LoanInfoHome's failure
to exercise or enforce any right or provision of the Agreement
shall not constitute a waiver of such right or provision.
Member shall not assign this Agreement or any rights or
obligations hereunder, by operation of law or otherwise,
without prior written approval of LoanInfoHome, and any such
attempted assignment shall be void. LoanInfoHome shall have
the right to freely assign this Agreement, and its rights
and obligations hereunder, to any third party without requiring
the consent or notice of Member. Subject to the foregoing,
this Agreement shall be binding upon and inure to the benefits
of the parties hereto, their successors and permitted assigns.
This Agreement sets forth the entire understanding and agreement
between LoanInfoHome and Member with respect to the subject
matter hereof. The section and subsection titles in the
Agreement are for convenience only and have no legal or
contractual effect. Each party is an independent contractor
and not an agent or representative of any other party. No
party shall have any right or authority to create any obligation
or make any representation or warranty in the name or on
behalf of any other party. This Agreement shall not be interpreted
or construed to create an association, joint venture or
partnership between the parties or to impose any partnership
obligation or liability upon any party. The parties acknowledge
and agree that this Agreement may be entered into electronically,
and without the necessity of written signatures.
The Services hereunder are offered by LoanInfoHome.
23. Information for California Residents
Under California Civil Code Section 1789.3, California
Members are entitled to the following specific consumer
rights information:
a. Pricing Information - Current rates for using the Service
may be obtained by going to the pricing schedule on the
LoanInfoHome Web Site. LoanInfoHome reserves the right to
change any fees, surcharges, and/or monthly Member fees
or to institute new fees at any time.
b. Complaints - The Complaint Assistance Unit of the Division
of Consumer Services of the California Department of Consumer
Affairs may be contacted in writing at 1020 N. Street, #501,
Sacramento, CA 95814, or by telephone at 1-916-445-1254.
24. Violations
Please report any violations of this Agreement to our Member
Violation Report form.
25. Independent Review
MEMBER ACKNOWLEDGES THAT MEMBER HAS READ THIS AGREEMENT
AND ALL RELATED SITE SCREENS REFERENCED AND INCORPORATED
IN THIS AGREEMENT AND THAT MEMBER AGREES TO ALL ITS TERMS
AND CONDITIONS. MEMBER HAS INDEPENDENTLY EVALUATED ALL ASPECTS
OF THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO
THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT AND IS NOT
RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER
THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.
Service-Specific Terms: The following terms apply in addition
to paragraphs 1-24 if Member has purchased a Service package
which includes the particular service described. LoanInfoHome
may change service providers or stop providing the following
services at any time without notice to Member; and Member
shall permit LoanInfoHome to act as its agent with respect
to the following services:
26. Internet Domain Names
LoanInfoHome has chosen independent Third Party Domain Name
Vendors ("TPDNVs") who are ICANN accredited registrars,
to provide domain name registration services. Member hereby
authorizes LoanInfoHome if requested, to transfer in or acquire
Member's selected domain name from TPDNVs. In order to receive
a domain name, Member must agree and remain agreeable through
the use of the Domain Name, to the TPDNVs' terms of service
which the TPDNVs may change at any time in their sole discretion
to the TPDNVs' terms of service. Member understands that
Member is creating a separate contractual relationship between
Member and the TPDNVs, and that Member, and not LoanInfoHome,
is responsible for all liability, and obligations in connection
with that relationship.
If, after registering one or more domain names that are
included with any LoanInfoHome Service package, because of
a customer's incorrect registration of a domain name or
otherwise, member chooses to delete a previously registered
domain name and subsequently register one or more additional
different Domain Names, Customer will be charged the resulting
Domain Name registration fees.
Member will be listed as the registrant and administrative
contact in connection with Member's domain name; however,
LoanInfoHome may temporarily list itself as the registrant
and administrative contact in the event that it changes
to a different TPDNVs until the TPDNVs change is completed.
Member hereby authorizes LoanInfoHome to list itself as the
billing contact, technical contact and name servers in connection
with Member's domain name and to take any actions LoanInfoHome
deems appropriate in those capacities. However, upon termination
of the Service, LoanInfoHome will immediately cease acting
in those capacities including switching registrars. After
such time, LoanInfoHome will not be responsible to forward
any notices, emails or other correspondence to Member or
to take any other actions in connection with Member's domain
name. Member will be solely responsible for all ongoing
fees, as well as removing LoanInfoHome as the billing, technical
contact and name servers in connection with Member's domain
name.
27. E-mail
E-mail services are provided by an independent Third Party
Email Services Vendor ("TPESV"). LoanInfoHome is
not responsible for the actions or inaction of the then
current TPESV or the unavailability or malfunction of their
network or services. LoanInfoHome is not a party to, and shall
not be involved in or responsible for, transactions, agreements,
and/or disputes between Member and the TPESV ("TPESV
Dispute"). In the event of a TPESV Dispute, Member
hereby releases LoanInfoHome (and its officers, directors,
agents, and employees) from claims, demands, and damages
(actual and consequential) of every kind and nature, known
and unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any connected with such disputes. By
using email services, Member agrees to the terms and conditions
contained in the "Acceptable Use Policy" and "Mass
Mailing Policy" provided below:
27.1 Acceptable Use Policy
(a) Definitions
i. "User" refers to the person or business entity
that has contracted with LoanInfoHome for e-mail services.
ii. "End User" refers to the person, persons,
or entity using a specific account (designated by a unique
e-mail address) within a domain controlled by User and operated
by LoanInfoHome.
(b) Unsolicited Bulk E-mail
Any User who sends unsolicited advertisements or solicitations,
commercial or otherwise, may have its account disabled and
be disallowed further service. The User is responsible for
ensuring that its End Users use the email services obtained
from LoanInfoHome in an appropriate manner. Therefore, the
User must take steps to manage the use of the services obtained
in such a way that network abuse is minimized. The User
must also make contact information publicly available, and
must respond in a timely manner to any complaints. LoanInfoHome
shall consider any complaints regarding the User's End Users
to apply to the User. In extreme cases, LoanInfoHome operations
personnel have the option to immediately disable any User
account in order to forestall further abuse or damage to
e-mail systems. Should this occur, the User shall be notified
as soon as possible.
Unsolicited advertisements or solicitations sent from other
networks which reference e-mail accounts hosted at LoanInfoHome
shall be treated as if they originated from the account
referenced, unless there is sufficient reason given for
LoanInfoHome operations staff to believe that the message truly
originated with some unrelated party. Likewise, postings
made to the usenet newsgroups or other online forums which
reference e-mail accounts hosted at LoanInfoHome, and are deemed
to be inappropriate according to the local ethical standards
of that forum, may be treated in the same manner as unsolicited
bulk e-mail above.
(c) Filtering of Incoming E-mail
As owner of the equipment and other resources utilized
to provide services, LoanInfoHome has the legal right to block
electronic communications from other entities on the Internet.
Users should be aware that such blocking or filtering might
take place if deemed necessary by designated members of
the LoanInfoHome operations staff (or a third party chosen
by LoanInfoHome and made known to the User). Whenever possible,
the party being blocked shall be made aware of such action
before it occurs.
(d) Illegal Activities
Email services offered may only be used for lawful purposes.
Transmission, distribution, or storage of any information,
data or material in violation of United States or of state
regulation or law, or by the common law, is prohibited.
This includes, but is not limited to, material protected
by copyright, trademark, trade secret, or any other statute.
LoanInfoHome and the TPESV reserve the right to cooperate with
law enforcement and other legal authorities in investigating
claims of illegal activity.
(e) Right to Damages
LoanInfoHome and the TPESV consider most instances of unsolicited
bulk e-mail to be a theft of services and reserve the right
to prosecute originators of same in a court of law. LoanInfoHome
and the TPESV reserve the right to collect damages (software,
hardware, and man hours) if any harm is done to LoanInfoHome
or to the TPESV's network or equipment that requires repair
or reconfiguration of any kind. If deemed appropriate by
LoanInfoHome and/or the TPESV, User will be billed not less
than $500 per individual complaint received by LoanInfoHome
staff. In addition, LoanInfoHome and the TPESV reserve the
right to collect punitive damages in recompense for any
perceived loss of brand reputation.
Nothing contained in this Section 27 shall be construed
to limit action LoanInfoHome and/or the TPESV may take or remedies
available to LoanInfoHome and the TPESV in any way with respect
to any of the described conduct. LoanInfoHome and TPESV reserves
the right to take any additional actions LoanInfoHome and/or
TPESV considers appropriate with respect to such conduct,
including without limitation taking action to recover costs
and expenses of identifying offenders and removing them
from LoanInfoHome and TPESV 's network or systems, and levying
cancellation charges to cover costs in the event of disconnection
for the causes outlined in this Agreement. In addition,
LoanInfoHome and TPESV reserve at all times all rights and
remedies available to LoanInfoHome and TPESV with respect to
such conduct at law or in equity. Non-enforcement of any
term or condition herein does not constitute consent or
waiver, and LoanInfoHome and TPESV reserve the right to enforce
such term or condition at its sole discretion.
27.2 Mass Mailing Policy
The following are the guidelines for all mass mailings
by User, or a third party contracted on behalf of User to
send mass mailings to End Users.
(f) Policy objectives: The goals of this mass mailing policy
include, but are not limited to, the following issues: controlling
mailing rates that stress systems; eliminating service degradations;
mitigating the thousands of bounce messages in mail queues
that delay mail delivery; mitigating invalid return address
information; and eliminating mass mailings during peak business
hours.
(g) Definitions:
i. "Opt-in" mailings are those which are to more
than 250 End Users by either Users or their third party
partner to any group of End Users. Opt-in means that the
End User has signed up for mailings voluntarily. "Opt-in"
implies that the mailing is not SPAM (defined below).
ii. "SPAM" is defined as unsolicited bulk email
that includes advertisements or solicitations, commercial
or otherwise, regardless of content. Without exception,
LoanInfoHome prohibits the practice of mass-mailing unwanted
e-mail solicitations of any type, regardless of content,
and will take action to prevent this practice.
(h) Mass Mailing Requirements:
i. Mail send rate: Mass mailings will be done at a maximum
rate of 10 messages/second.
ii. Use of appropriate servers for originating mailings:
use of LoanInfoHome or its suppliers' hosted SMTP servers for
mass mailings is strictly prohibited.
iii. Delivery of mass mailings: (i.e. mass mailing sent
by a domain hosted or not hosted by LoanInfoHome to domains
hosted by LoanInfoHome) all mass mailings must be delivered
through LoanInfoHome or its suppliers' inbound MX machines.
All mass mailings sent through LoanInfoHome or its suppliers'
SMTP servers will not be delivered.
iv. Allowable send times: mass mailings will be started
and completed between 9pm and 4am US Pacific Time.
v. Valid "From", "Reply-To", "Return-Path"
and "Error-To" headers: If the following values
are listed in your mail header please confirm that they
are valid addresses and each email address must accept any
bounces at the rate they may occur:
- "From",
- "Reply-To",
-"Return-Path"
-"Errors-To"
- Valid "Abuse contact": Users who send/receive
mass mailings must supply LoanInfoHome with an emergency "abuse
contact" to contact if there are any problems/complaints
associated with the mailing.
vi.Notifying LoanInfoHome of mass mailing: LoanInfoHome
requires 5 days advance notice for all mailings. The following
information must be mailed at http://www.loaninfohome.com/contact.asp:
- Customer Name
- Number of recipients
- "From" domain
- "Target" domain
- Mailing Subject
- Mailing Date
- Mailing Start-End Times
- Rate of mailing (maximum of 10 messages per second)
- Valid "From", "Reply-To", "Return-Path"
and "Error-To" addresses (please list the values
used, if any)
-Copy of the message content
-Method for users to "opt-out" of mailings
i. Failure to Comply with Mass Mailing Requirements. Failure
to comply with the conditions set forth above may result
in any or all of the following:
i. Blocking of the mailing currently causing the problems/complaints.
ii. Blocking of future mailings until the above requirements
are satisfied. (Or until there is an agreement or special
dispensation made by the LoanInfoHome Abuse Administrator)
iii. If no "abuse contact" is provided to LoanInfoHome,
LoanInfoHome reserves the right to block mailings without notifying
User as necessary.
iv. LoanInfoHome reserves the right to suspend or terminate
accounts for breaches of LoanInfoHome's Mass Mailing Policy.
Prohibited Uses. In addition to all restrictions set forth
above, Member shall not use, nor permit any third party
to use the LoanInfoHome Web Site or any part thereof: (i)
to violate any federal, state or local law, (ii) to transmit
any obscene communication, (iii) to promote any illegal
activities, (iv) to violate any intellectual property rights
(v) to attempt to overcome or penetrate any security measures
on the Server, or (iv) to upload or transmit any virus or
harmful agent. Member acknowledges that Member may be subject
to civil or criminal liability under the laws of various
governmental jurisdictions as a result of any failure to
abide by the provisions of this paragraph.
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