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TERMS OF USE AGREEMENT Last Updated: April 2005 CONTACT INFORMATION IF OTHER THAN THE MAIN OFFICE AS DESCRIBED AT THE WEB SITE: America's Mortgage Broker, LLC 3825 Henderson Blvd #400 Tampa FL 33629 support@amortgagebroker.com THIS IS AN AGREEMENT This agreement is between you as someone visiting, viewing, using or subscribing to our web site ("you") and the web site owners, operators, subsidiaries, affiliates, officers, agents, co-branders or other partners and employees ("we") and it governs your use of any web site or web page we operate. To legally use this web site, we require that you accept all terms included herein without modification and also accept the terms and conditions of our Privacy Policy as consideration for and as conditions of allowing you to access, view, visit, use or interact with our web site or with any of the banners, pop-ups, advertisements or links that appear within it. You may view the Privacy Policy from the web site's home page. Any claims, assertions or offenses you raise are subject to this policy. You are denied access to this site and should not use it unless you read and accept all of our terms and conditions as explained here and in our Privacy Policy. If you are under the age of 18, you are denied access to this website and it is unlawful for you to visit, read or interact with this web site or its contents in any manner. This web site specifically denies access to any individual that is covered by the Child Online Privacy Protection Act of 1998. This web site reserves the right to deny you or to any person or viewer for any reason, at any time, with or without cause and with or without notice. Upon such termination or suspension, your right to use the web site will immediately cease. This web site is to be construed as a solicitation of business only in those states in which we are licensed and authorized to conduct business. You need to be aware that we reserve the right to change our policies at will. You have an affirmative duty to keep yourself informed of our current policies. You agree to be bound by the current policies in force at the time you use the web site and understand it is not our responsibility or obligation to inform you of changes in our policies. We recommend that you review the policies each time you visit our web site. You agree to liquidated damages in the amount of $100,000 in addition to costs and actual damages for breach of this agreement. RESTRICTIONS AS TO USE You are to use this web site for personal use only. You will not use the web site in any way that is unlawful or harms us, our affiliates, employees or service providers as determined in our sole discretion. Unless specified in writing by us, you have no right to use any information found on this web site including its databases, invisible pages, linked pages, underlying code or other intellectual property the site may contain in a commercial or public setting. You have no right to broadcast it, copy it, save it, print it, sell it or publish any portions of the content of this website. Further, you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. You have no rights whatsoever to use the content of, or portions thereof, for any reason for any use whatsoever. If any part of the web site requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses we incur or another party incurs due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE We own or have licensed the content of this web site. You should presume that all material contained on the web site is proprietary and copyrighted. You have no rights whatsoever in the site content. Your use of web site content for any reason is unlawful unless we have expressly contracted with you to use it or we have given you written permission to do so, as in allowing you to use the web site pursuant to this policy and our Privacy Policy. Please contact us immediately if you believe that any material is posted at the web site in violation of copyright laws. COMMERCIAL HYPERLINKING, CO-BRANDING, FRAMING, REFERENCING AND SPAMMING PROHIBITED Unless we have given you written approval, you are expressly prohibited from hyperlinking of framing this web site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to to any other web site in the anticipation of commercial gain. You agree bit to reference our URL in media with the expectation of commercial gain without express permission. You will not use our web site or our domain name to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. You will immediately remove or de-activate any such activities and cease to use such instruments in the future. DISCLAIMER FOR CONTENTS OF SITE We disclaim any responsibility for the accuracy of the content of this website. We make the information at this web site available to you on an "as is" and "as available" basis with you assuming all risks in viewing, reading, using or relying upon this information. You have no right to rely on any information contained herein as accurate; we make no warranty as to any material appearing in the web site. Nothing contained in the web site is intended to constitute professional advice, including but not limited to, investment or tax advice. We reserve the right to change the web site at any time and in any way and for any reason. We are not responsible or liable for content provided by other parties if such content infringes on another's rights or is inaccurate, obscene, indecent, threatening, offensive, defamatory, tortious, illegal or simply in bad taste. Certain links in the web site will let you leave our site. Such links are not under our control and we are not to be held accountable or responsible for any content that you receive after leaving our site. Outside links of this type are provided to you as a convenience only and the inclusion of any link by itself does not imply endorsement by us of the linked site or its products or services. THIS DISCLAIMER APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND IS NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW. DISCLAIMER FOR HARM AND LIMITATION OF LIABILITY YOU VIEW AND INTERACT WITH THIS WEB SITE AT YOUR OWN RISK, THIS INCLUDES DOWNLOADING SOFTWARE. YOU ASSUME ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS WHEN USING THIS WEB SITE. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR USE OF THE WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. We assume no responsibility whatsoever for damage to your computer or software that is caused by corrupting code or data that is inadvertently passed to your computer. Both parties agree to consider any damage to be inadvertent, unless you believe otherwise. When you believe the damage is intentional, you agree to notify us in writing immediately (no later than 24 hours) after you encounter problems or should have diligently known to have encountered problems when using the web site. Delaying the notification process results in you relieving us of responsibility for the incident that created the problem and any subsequent ramifications thereof. You forever waive all right to claims of damage of any and all descriptions if you contributed to the problem in any way, however casual, such as in disabling or not having up-to-date commercial anti-virus software running on your computer. INDEMNIFICATION You agree that in the event you cause damage that results in us suffering economic loss, you promise to reimburse us for any legitimate third-party expenses required to repair the damage you caused.. SUBMISSIONS You agree that any communication between the parties is deemed a submission. You grant us permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your submission and (2) sublicense these rights, to the maximum extent permitted by applicable law. We will not pay you for your submission. We may remove your submission at any time. When making a submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, Microsoft may monitor your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this agreement, and protecting the rights, property, and interests of the Microsoft Parties or any customer of a Microsoft Party.The entire contents of each submission, including portions thereof or graphics contained thereon shall become our exclusive property and may be used, without further permission, for commercial use without you receiving any additional consideration. You agree to only communicate that information to us, which you wish to forever allow us to use in any manner as we see fit. Notwithstanding, we expressly exclude ownership of the materials such as feedback and forum postings that are open to review by the general public or by the members of any public or private community. However, you do grant us permission to use any material you provide as we see fit in connection with how we operate our business, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission; to publish your name in connection with your submission; and the right to sublicense such rights to any other party. You will not receive compensation when we use material you have posted at the web site or otherwise provided to us. We are under no obligation to post or use any material you may provide and may remove any material at any time in our sole discretion. When sending us material, you warrant and represent that you own or otherwise control all of the rights to what you submit to us including, without limitation, all the rights necessary for you to provide, post, upload, input or submit said material. Further, when posting material that contains images, photographs, pictures or that are otherwise graphical in whole or in part, you warrant and represent that (a) you are acting with your copyrights, (b) you have the rights necessary to grant us licenses and sublicenses as described above and (c) that any person depicted has provided his or her consent to use. NOTICE No additional notice of any kind for any reason is due you and you expressly warrant an understanding that the right to notice is waived as a condition for permission to view or interact with the website. DISPUTES You agree to resolve any outstanding issue through binding arbitration. Arbitration shall be conducted pursuant to the rules of the American Arbitration Association ("AAA"), which are in effect on the date a dispute is submitted to the AAA. Information about the AAA, its rules and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of our headquarters. In no case shall you have the right to go to court or have a jury or judge trial. You shall have the right to engage in pre-trial discovery only to the extent as provided by the rules of arbitration; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will be final and binding the rights of appeal limited to what the rules of arbitration allow. The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses. JURISDICTION AND VENUE You agree that the applicable law to be applied shall, in all cases, be that of the state of the website's owner. If any matter shall be brought before a court of law, pre- or post-arbitration, you agree to that the sole and proper jurisdiction to be the state and city as described as our main office address, unless specified above. In the event that litigation is in a Federal court, the proper court shall be the closest Federal court to our main office address, unless specified above. All rights reserved. Any rights not expressly granted herein are reserved. |
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