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Last updated August, 2005 THIS IS A LEGAL AGREEMENT. BY ACCESSING THIS WEB SITE OR USING ANY SERVICE PROVIDED HEREIN, YOU ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS. 1. Parties. The parties to this Agreement are you, a visitor to this web site ("You"), and the owner and operator of this web site: goodmortgage.com, a lcorporate organized under the laws of North Carolina, USA (“goodmortgage.com”). All references to “this web site” or “this site” shall be construed to mean goodmortgage.com. If the user is not an individual, then “You” means Your company, its officers, members, agents, successors and assigns. 2. Assent To Terms of Use And Amendment. goodmortgage.com grants a non-exclusive, non-transferable, and revocable license to You and provides the services available at this site to You subject to the following terms and conditions. THESE TERMS AND CONDITIONS MAY BE AMENDED BY US FROM TIME TO TIME WITHOUT NOTICE TO YOU. YOU CAN REVIEW THE MOST CURRENT VERSION OF THE TERMS AND CONDITIONS AT ANY TIME AT (http://www.goodmortgage.info/terms_of_use.asp). IN ADDITION, WHEN USING PARTICULAR SERVICES IN THIS SITE, GUIDELINES OR RULES MAY BE POSTED WHICH ARE APPLICABLE TO YOUR USE OF THOSE SERVICES. YOUR USE OF THIS SITE AND YOUR RELATIONSHIP WITH goodmortgage.com ARE SUBJECT TO ALL GUIDELINES OR RULES THAT MAY BE POSTED FROM TIME TO TIME ON THE SITE, WHICH ARE ALL INCORPORATED BY REFERENCE INTO THIS AGREEMENT. BY USING THIS SITE, YOU ARE AGREEING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE MOST CURRENT VERSION OF THE USER AGREEMENT AND ANY GUIDELINES AND RULES POSTED ON THIS SITE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THIS SITE. 3. Entire Agreement. This terms of use agreement will be expressly incorporated by reference in each and every agreement between You and goodmortgage.com. It supersedes any and all prior and existing agreements, whether oral or in writing, between You and goodmortgage.com with respect to the subjects addressed in this terms of use agreement and constitutes the entire agreement between the parties with respect to those subjects. You acknowledge that neither goodmortgage.com nor anyone on goodmortgage.com's behalf has made any representations, inducements, promises or agreements, orally or otherwise, to You relating to the subjects addressed by this terms of use agreement that are not embodied herein. 4. Prohibited Conduct. You agree (i) not to use this site to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (ii) not to interfere or disrupt this site or any networks connected to this site; (iii) not to use any device, software or routine or attempt to interfere with the proper functioning of this site or any transactions being offered at this site; (iv) not to take any action that imposes an unreasonable or disproportionately large load on goodmortgage.com's infrastructure; (v) not to use this site to collect or harvest personal information, including, without limitation, financial information, about other participants at this site; and (vi) not to impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity. You agree not to use the services, products, or downloads available at this site for illegal purposes, and to comply with all regulations, policies and procedures of networks connected to this site. 5. Compliance with Laws. You shall comply with all applicable laws and regulations of the United States and foreign authorities (including, but not limited to United States trade restriction laws, export laws or license requirements and laws regarding the sale or transport of hazardous materials, and laws regarding the transmission of technical data, including without limitation encryption, exported from the United States through the services available at this site) relating to any service, product, or download associated with this site. 6. Image Downloads. This site will allow You to download and use certain graphic images owned by goodmortgage.com or that have been provided to goodmortgage.com by third parties, subject to the terms and provided below. These images generally consist of real estate pictures or other documents related to mortgage closings in some fashion. As a condition to allowing You to download the goodmortgage.com images (the “goodmortgage.com Images”), You agree to the terms of this agreement. goodmortgage.com retains sole and exclusive ownership of all right, title, and interest in and to the goodmortgage.com Images and all modifications and enhancements thereof (including ownership of all trade secrets and copyrights pertaining thereto), subject only to the rights and privileges expressly granted to You herein. This agreement does not provide You with title or ownership of the goodmortgage.com Images, but only a right of limited right of use. You may not use, copy, modify, decompile, reverse engineer or distribute the goodmortgage.com Images (electronically or otherwise), or any copy, adaptation, transcription, or merged portion thereof. You may not reverse assemble (except to the extent authorized by applicable law), decompiling (except to the extent authorized by applicable law), reverse compile (except to the extent authorized by applicable law), decompiling (except to the extent authorized by applicable law), or otherwise translate the goodmortgage.com Images. You may not use the goodmortgage.com Images in any way other than as intended by this site. No service bureau work, multiple-user license, or time-sharing arrangement is permitted. If You use, copy, or modify the goodmortgage.com Images or if You transfer possession of any copy, adaptation, transcription, or merged portion of the goodmortgage.com Images to any other party in any way not expressly authorized by goodmortgage.com, Your license is automatically terminated. goodmortgage.com may terminate Your limited license under this agreement at any time without further obligation in its sole discretion. 7. Registration Data And Privacy. In order to download the goodmortgage.com Images and/or participate in certain services offered at this site, You must provide certain current, complete, and accurate information about You as prompted to do so by the registration form (“Registration Data”) and maintain and update such registration information as required to keep such information current, complete and accurate. You warrant that such data is accurate and current, and that You are authorized to provide such data. You authorize us to verify such data at any time. If any registration data that You provide is untrue, inaccurate, not current or incomplete, goodmortgage.com retains the right, in its sole discretion, to suspend or terminate rights to use the services. Registration Data and certain other information about You is subject to our Privacy Policy which is posted at (http://www.goodmortgage.com.com/privacy.htm). Solely to enable goodmortgage.com to use information You supply us internally, so that we are not violating any rights You might have in that information, You grant to goodmortgage.com a nonexclusive license to (i) convert such information into digital format such that it can be read, utilized and displayed by goodmortgage.com's computers or any other technology currently in existence or hereafter developed capable of utilizing digital information, and (ii) combine the information with other content provided by goodmortgage.com, in each case by any method or means or in any medium whether now known or hereafter devised. 8. Copyrights. The copyright in all material provided on this site is owned by goodmortgage.com or by goodmortgage.com licensor(s). You acknowledge and agree that this site contains proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to You through this site, including text, graphics, logos, icons, images and software, and the arrangement and compilation of such content, are the property of goodmortgage.com or its content suppliers and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. goodmortgage.com does not grant any license or authorization to any user of its copyrightable material or other intellectual property, by placing them on this site. Furthermore, except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of goodmortgage.com or the copyright owner. Because information on this site contains personal information concerning purchasers and sellers of real property, You may NOT print a copy of the information on this site for any purpose. Further, You may not modify the materials and You agree to retain all copyright and other proprietary notices contained in the materials. This permission does not give You any ownership rights in the information and terminates automatically if You breach any of these terms or conditions. If You make any other use of this site, except as otherwise provided herein, You may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. 9. Copyright Infringement; The Digital Millennium Copyright Act. goodmortgage.com maintains specific contact information including an e-mail address for notifications of claimed infringement concerning materials. All correspondence should be addressed to goodmortgage.com's agent for notice of claimed infringement under The Digital Millennium Copyright Act, U.S.C.A. §512, at the following address: Notification of Claimed Infringement goodmortgage.com 2000 South Blvd Suite 540 Charlotte, NC 28203 (704) 523.3886 x201 Fax: (704) 523.9186 Email: service@goodmortgage.com You may contact goodmortgage.com with complaints regarding allegedly infringing posted material and goodmortgage.com will investigate those complaints. If the posted material is believed in good faith by goodmortgage.com to violate any applicable law, goodmortgage.com will remove or disable access to any such material and goodmortgage.com will notify the posting party that the material has been blocked or removed. 10. Trademarks. The trademarks, service marks, and logos (the “Trademarks”) used and displayed on this site are registered and unregistered Trademarks of goodmortgage.com and others. Nothing on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site, without the written permission of the Trademark owner. goodmortgage.com aggressively enforces its intellectual property rights to the fullest extent of the law. The Trademark goodmortgage.com or where loans click may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this site, without prior, written permission. goodmortgage.com prohibits use of any of the forgoing names or marks as a metatag or as a “hot” link to any goodmortgage.com site unless establishment of such a link is approved in advance by goodmortgage.com in writing. If You have any questions regarding any trademarks on the site, please contact goodmortgage.com. 11. Links. This site may provide links to other Internet sites. goodmortgage.com is not responsible for the availability of such other sites and does not endorse and is not responsible or liable for any content, products or other materials available on such other sites, unless clearly disclosed otherwise. to external web sites do not constitute an endorsement by goodmortgage.com of those sites or the sponsors of such sites or the content, products, advertising or other materials presented on such sites. Further, goodmortgage.com reserves the right to terminate any link or linking program at any time. goodmortgage.com does not author, edit, or monitor these unofficial pages or links. You further acknowledge and agree that goodmortgage.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, goods or services available on or through any such site. If You decide to access any of the third party sites linked to this site, You do this entirely at Your own risk. 12. Monitoring. You acknowledge that goodmortgage.com or its designees reserves the right to, and may from time to time, monitor any and all activity or information transmitted or received through this site. goodmortgage.com, in its sole discretion and without further notice to You, may (but is not obligated to) review, censor or prohibit any activity or the transmission or receipt of any Information which goodmortgage.com deems inappropriate (such as that specified in above) or that violates any term or condition of this agreement. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of this site, authorized or unauthorized, constitutes consent to such monitoring. Unauthorized uses and unauthorized users of this site will be prosecuted to the full extent of the law. 13. NO WARRANTIES. THIS SITE, ALL GOODS AND SERVICES OBTAINED THROUGH THIS SITE AND ALL INFORMATION CONTAINED ON THIS SITE IS PROVIDED ON AN “AS IS” BASIS FROM goodmortgage.com AND ITS INFORMATION PROVIDERS, goodmortgage.com AND ITS AFFILIATES AND CONTENT PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THIS AGREEMENT, THE PERFORMANCE UNDER THIS AGREEMENT, THE SERVICES AVAILABLE ON THIS SITE, THE OPERATION OF THE SOFTWARE AVAILABLE ON THIS SITE, THE TRANSACTIONS PERFORMED ON THIS SITE, OR THE INFORMATION, CONTENT, MATERIALS AND/OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH OF goodmortgage.com AND goodmortgage.com'S AFFILIATES AND CONTENT PROVIDERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGMENT. WITHOUT LIMITING THE FOREGOING. NONE OF goodmortgage.com NOR goodmortgage.com'S AFFILIATES OR CONTENT PROVIDERS MAKES ANY WARRANTY THAT (i) THE GOODS OR SERVICES OFFERED ON THIS SITE WILL MEET YOUR REQUIREMENTS, (ii) THE GOODS OR SERVICES OFFERED ON THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GOODS OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE CONTENT OR INFORMATION AVAILABLE ON THIS SITE IS COMPLETE, ACCURATE OR AVAILABLE, OR (v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM P&C OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 14. LIMITED LIABILITY. goodmortgage.com AND ALL OF goodmortgage.com'S AFFILIATES AND CONTENT PROVIDERS AND THEIR RESPECTIVE SHAREHOLDERS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT. SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE. THAT SUCH DAMAGES MIGHT BE INCURRED, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU. 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 GOODS OR SERVICES PROVIDED ON THIS SITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU FURTHER AGREE IF YOU BECOME ENTITLED TO ANY RECOVERY, THAT YOUR RECOVERY SHALL BE LIMITED TO THE AMOUNT OF FEES OR PAYMENTS MADE TO goodmortgage.com, IF ANY, WITHIN THE SIX (6) MONTH PERIOD PRIOR TO THE EVENT OR ACTION GIVING RISE TO SUCH LOSS. 15. Indemnity. You shall indemnify, defend, and hold harmless goodmortgage.com and its content providers and their respective shareholders, affiliates, employees, agents, successors, officers, and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that they may sustain or incur arising from (a) Your use of the images and other software, if any, available at or downloaded from this site, (b) Your failure to comply with any applicable laws and regulations (including without limitation those regarding the export of products or technology abroad) or to obtain any licenses or approvals from the appropriate government agencies necessary to purchase or sell the subject goods and services, (c) Your use of the content available on this site in any way contrary to this agreement (d) Your breach of any of Your representations, warranties or obligations set forth in this agreement, (e) the sale, purchase, transportation, delivery, use or disposal of any goodmortgage.com service, product, or download associated with this site or available through other sites, or any loss suffered by or harm to any person or property in any way relating to of caused in whole or in part by Your use of this site or any service, product, or download associated with this site (including, without limitation, any personal injuries or death of any third person caused in whole or in part by such products or services, the use, transportation, delivery, storage, handling or release thereof), and (f) any taxes attributable to the relating to any service, product, or download associated with this site. 16. Beneficiaries of this Agreement; No Other Agreements. The rights and limitations in this agreement are for the benefit of goodmortgage.com and each of goodmortgage.com's content providers, each of which shall have the right to enforce its rights hereunder directly and on its own behalf. 17. Termination. You agree that goodmortgage.com may, at its sole discretion, deny You access to the site and disable any user name and password associated with You for any reason, including, without limitation, if goodmortgage.com believes that You have violated or acted inconsistently with the letter or spirit of this agreement. goodmortgage.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services offered under this site (or any part thereof) with or without notice. You agree that goodmortgage.com shall not be liable to You or to any third party for any modification, suspension or discontinuance of the services offered under this site. 18. General. This site is created and controlled by goodmortgage.com in the State of North Carolina and the laws of North Carolina govern this agreement without giving effect to any principles of conflicts of laws, and You and goodmortgage.com agree to submit to the exclusive personal jurisdiction of the courts of Mecklenburg County in the State of North Carolina for all disputes arising under this agreement. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If any provision of this agreement 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 this agreement shall remain in full force and effect. You and goodmortgage.com are independent contractors, and no agency, partnership, joint venture or other relationship between You and goodmortgage.com is intended or created by this agreement. Any waiver or amendment of any right or provision of this agreement will be effective only if signed by goodmortgage.com and the failure of goodmortgage.com to exercise or enforce any term or condition shall not constitute a waiver of such right or provision. BY ACCESSING THIS WEB SITE OR USING ANY SERVICE PROVIDED HEREIN YOU AFFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, CLICK THE EXIT BUTTON. |
