|
| |
Terms and Conditions
This page sets forth the "Terms and Conditions" under which you may
use RecommendLenders.com (the “Web Site”). Please read this page carefully.
If you do not accept these Terms and Conditions, you are not authorized to use
the Web Site. By using the Web Site, you are indicating your agreement to be
bound by these Terms and Conditions, without modification. The Web Site may
revise these Terms and Conditions at any time by revising this page. You are
responsible for regularly reviewing these Terms and Conditions. If you use the
Web Site after any revision by
NCN Martketing LLC (the Company) makes to these Terms and Conditions, you
agree to be bound by the Terms and Conditions as so revised.
USES OF THE WEB SITE GENERALLY. The Web Site may be used
only for lawful and proper purposes. Provided that you otherwise fully comply
with the provisions of these Terms and Conditions, the Company authorizes you to
view, download and print out a single copy of any material on the Web Site,
solely for your personal, noncommercial use.
The content of the Web Site, including but not limited to text, graphics,
images, sounds, music, logos, button icons, software, individual screen
displays, operational characteristics and functionalities, machine-readable code
(Object Code), human-readable code (Source Code), and HTML code (collectively,
the "Materials"), are protected under United States and international
copyright, trademark and other laws. All Materials are the property of the
Company or its content suppliers or clients. The compilation (meaning the
collection, arrangement and assembly) of all content on the Web Site is the
exclusive property of the Company and protected under United States and
international copyright laws. Unauthorized use of the Web Site and/or the
Materials may violate copyright, trademark, and other laws, and is a breach of
these Terms and Conditions. You may not remove or obscure any copyright,
trademark, service-mark or other proprietary notice contained in any Materials
on any copy you make of such Materials. Unless otherwise specified herein, you
may not modify, print out, distribute, transmit, publicly display, publicly
perform, communicate to the public, reproduce, publish, license, create
derivative works from, transfer or sell any of the Materials. The use of any of
the Materials on any other web site or in a networked computer environment for
any purpose is prohibited.
LINKS TO OTHER SITES. The Web Site contains links to
third-party web sites. These links are provided as a convenience to you. The
Company does not control and is not responsible for the content of third-party
web sites to which the Web Site may be linked, and does not make any
representations regarding the accuracy, copyright compliance, legality or
decency of any of the content or other materials on such third-party web sites.
The Company encourages you to exercise discretion while browsing the Internet
and the Web Site. If you decide to access linked third-party web sites, you do
so at your own risk.
USER SUBMISSIONS. You are solely responsible for the form
and accuracy of any content or other communications you upload, post or send to
or through the Web Site. The Company is under no obligation to upload, post or
send any material you submit for such purpose or any purpose, and may remove any
such material at any time in the Company’s sole discretion. No compensation
will be paid to you with respect to any content or communication that you submit
to the Web Site.
The Company does not vouch for or guarantee the truthfulness, accuracy, or
reliability of any user-submitted content or communications. You acknowledge
that any reliance you place on such material will be at your own risk.
The Company acts as a passive conduit for the online display, transmission
and distribution of user-submitted content and communications and has no
obligation to and takes no responsibility for screening, monitoring or reviewing
any such materials.
The Company reserves the right to review and remove, or take any other action
with respect to user-submitted content and communications that it deems
necessary or appropriate in its sole discretion. The Company has no liability or
responsibility to users for performance or nonperformance of any such actions.
The Company also reserves the right to expel users and prevent their further
access to the Web Site for violating either the letter or the spirit of these
Terms and Conditions or violating any applicable law or regulation.
This page sets forth the "Terms and Conditions" under which you may
use RecommendLenders.com (the “Web Site”). Please read this page carefully. If
you do not accept these Terms and Conditions, you are not authorized to use the
Web Site. By using the Web Site, you are indicating your agreement to be bound
by these Terms and Conditions, without modification.
NCN Marketing LLC (the
"Company") may revise these Terms and Conditions at any time by
revising this page. You are responsible for regularly reviewing these Terms and
Conditions. If you use the Web Site after any revision Company makes to these
Terms and Conditions, you agree to be bound by the Terms and Conditions as so
revised.
USES OF THE WEB SITE GENERALLY. The Web Site may be used only
for lawful and proper purposes. Provided that you otherwise fully comply with
the provisions of these Terms and Conditions, the Company authorizes you to
view, download and print out a single copy of any material on the Web Site,
solely for your personal, noncommercial use.
The content of the Web Site, including but not limited to text, graphics,
images, sounds, music, logos, button icons, software, individual screen
displays, operational characteristics and functionalities, machine-readable code
(Object Code), human-readable code (Source Code), and HTML code (collectively,
the "Materials"), are protected under United States and international
copyright, trademark and other laws. All Materials are the property of the
Company or its content suppliers or clients. The compilation (meaning the
collection, arrangement and assembly) of all content on the Web Site is the
exclusive property of the Company and protected under United States and
international copyright laws. Unauthorized use of the Web Site and/or the
Materials may violate copyright, trademark, and other laws, and is a breach of
these Terms and Conditions. You may not remove or obscure any copyright,
trademark, service-mark or other proprietary notice contained in any Materials
on any copy you make of such Materials. Unless otherwise specified herein, you
may not modify, print out, distribute, transmit, publicly display, publicly
perform, communicate to the public, reproduce, publish, license, create
derivative works from, transfer or sell any of the Materials. The use of any of
the Materials on any other web site or in a networked computer environment for
any purpose is prohibited.
PROHIBITED USES OF THE WEB SITE. You agree to use the Web Site
only to upload, post, send and receive content that is legal and proper and
related to the purpose of the Web Site. By way of example, and not as a
limitation, you agree that when using the Web Site, you will not:
- Upload, post, send or receive any content, or otherwise use the Website,
in violation of any applicable law or regulation.
- Upload, post, send or receive any content, or otherwise use the Website in
a manner that will infringe the copyright, trademark, trade secret or other
intellectual property rights of others, or violate the privacy, publicity or
other personal rights of others.
- Upload, post, send, or receive any content or information that is
defamatory, obscene, indecent, sexually explicit, threatening, abusive,
hateful, harassing or embarrassing to another user or to any other person or
entity.
- Upload, post or send any incomplete, false, inaccurate or misleading
information.
- Impersonate another person, firm or corporation.
- Upload, post or send any franchise, pyramid scheme, "club
membership," distributorship or sales representative agency arrangement
or other business opportunity that requires an up-front or periodic payment,
pays commissions only (no significant salary), requires recruitment of other
members, sub-distributors or sub-agents.
- Send unsolicited e-mail, including promotions and/or advertising of
products or services.
- Delete or revise any material uploaded or posted by any other person or
entity.
- Attempt to interfere with service to any user, host or network, including,
without limitation, by means of uploading, posting or sending any viruses,
Trojan horses, worms, time bombs, cancelbots or other computer programming
routines or engines that are intended to damage, interfere with,
surreptitiously intercept or expropriate any system, data or information,
including by overloading, "flooding," "spamming," "mailbombing"
or "crashing” it.
- Use any device, software or routine to interfere or attempt to interfere
with the proper working of the Web Site or any activity being conducted on
the Web Site.
- Take any action that imposes an unreasonable or disproportionately large
load on the Web Site's infrastructure.
- If you have a password that allows access to any non-public area of the
Web Site, disclose to or share your password with any third party or use
your password for any unauthorized purpose.
- Use or attempt to use any engine, software, tool, agent or other device or
mechanism (including without limitation browsers, spiders, robots, avatars
or intelligent agents) to navigate or search the Web Site other than the
search engine and search agents available from the Company on the Web Site
and other than generally available third-party web browsers (e.g., Netscape
Navigator, Microsoft Explorer).
- “Data mine.”
- Attempt to decipher, decompile, disassemble or reverse engineer any of the
software comprising, or in any way making up, any part of the Web Site.
- Access any content not intended for your use or log into a server or
account that you are not authorized to access.
- Attempt to probe, scan or test the vulnerability of a system or network or
to breach security or authentication measures without proper authorization.
- Forge any TCP/IP packet header or any part of the header information in
any e-mail or newsgroup posting.
Actions that contravene these prohibitions or that otherwise compromise the
security of the Web Site or the Company’s system or network may result in
civil or criminal liability. The Company will investigate suspected compromises
of its security, may take any action it deems necessary or appropriate in
response to any contravention of these prohibitions or in response to security
compromises, and may cooperate with law enforcement authorities in prosecuting
users who are involved in such compromises and/or violations.
LINKS TO OTHER SITES. The Web Site contains links to
third-party web sites. These links are provided as a convenience to you. The
Company does not control and is not responsible for the content of third-party
web sites to which the Web Site may be linked, and does not make any
representations regarding the accuracy, copyright compliance, legality or
decency of any of the content or other materials on such third-party web sites.
The Company encourages you to exercise discretion while browsing the Internet
and the Web Site. If you decide to access linked third-party web sites, you do
so at your own risk.
USER REGISTRATION AND PASSWORD. You are responsible for
maintaining the confidentiality of any password you may receive. You are
responsible for all uses of your password, whether or not authorized by you. You
agree to notify the Company immediately of any unauthorized use of your
password.
USER INFORMATION. The terms and conditions applicable to any
information you provide to the Company or that the Company collects about your
use of the Web Site are set forth in the Company’s Privacy Policy,
which is incorporated herein by reference.
USER SUBMISSIONS. You are solely responsible for the form and
accuracy of any content or other communications you upload, post or send to or
through the Web Site. The Company is under no obligation to upload, post or send
any material you submit for such purpose or any purpose, and may remove any such
material at any time in the Company’s sole discretion. No compensation will be
paid to you with respect to any content or communication that you submit to the
Web Site.
The Company does not vouch for or guarantee the truthfulness, accuracy, or
reliability of any user-submitted content or communications. You acknowledge
that any reliance you place on such material will be at your own risk.
The Company acts as a passive conduit for the online display, transmission and
distribution of user-submitted content and communications and has no obligation
to and takes no responsibility for screening, monitoring or reviewing any such
materials.
The Company reserves the right to review and remove, or take any other action
with respect to user-submitted content and communications that it deems
necessary or appropriate in its sole discretion. The Company has no liability or
responsibility to users for performance or nonperformance of any such actions.
The Company also reserves the right to expel users and prevent their further
access to the Web Site for violating either the letter or the spirit of these
Terms and Conditions or violating any applicable law or regulation.
By submitting content to any public or non-public area of the Web Site,
including, but not limited to message boards, forums, contests and chat rooms,
you grant the Company and its affiliates the royalty-free, perpetual,
irrevocable, sublicenseable (through multiple tiers), non-exclusive, worldwide
right (including any moral rights) and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, communicate to the
public, publicly perform and publicly display (in whole or in part), and/or to
incorporate such content in other works in any form, media, or technology now
known or later developed, for the full term of any rights that may now or ever
exist in such content. You also warrant that the holder of any rights, including
moral rights in such content, has completely and effectively waived all such
rights and validly and irrevocably granted to you the right to grant the license
referred to above. You also hereby grant to any user of the Web Site the right
and authority to access, display, view, store and reproduce such content for
personal, noncommercial use. Subject to the foregoing, the owner of such content
placed on the Web Site retains any and all rights that may exist in such
content.
THE COMPANY'S LIABILITY. Because user authentication on the
Internet is difficult, the Company cannot and does not confirm that each user is
who they claim to be. Because we do not and cannot be involved in user-to-user
dealings or control the behavior of participants on the Web Site, in the event
that you have a dispute with one or more users, you release the Company (and our
agents and employees) from any and all claims, demands and damages (actual and
consequential, direct and indirect) 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.
We are under no legal obligation to, and generally do not, control the
content or communications provided by other users, which is made available
through the Web Site. By its very nature, other user's content and
communications may be offensive, harmful or inaccurate, and in some cases will
be mislabeled or deceptively labeled. We expect that you will use caution and
common sense when using the Web Site.
The Materials may contain inaccuracies or typographical errors. The Company
makes no representations about the accuracy, reliability, completeness, or
timeliness of the Web Site or the Materials. Your use of the Web Site and the
Materials is at your own risk.
THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT
THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL
MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR
SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR
THOSE COSTS.
The Company does not represent or endorse the accuracy or reliability of any of
the materials contained on, distributed through, or linked, downloaded or
accessed from any of the services contained on the Web Site, nor the quality of
any products, information or other materials displayed purchased, or obtained by
you as a result of any advertisement or other information or offer on or in
connection with the Web Site (the “Products”). You hereby acknowledge that
any reliance you place upon any Products shall be at your sole risk.
The Company reserves the right, in its sole discretion and without any
obligation, to make changes to, or correct any error or omissions in any portion
of the Web Site, the Materials and/or the Products.
THE WEB SITE, THE MATERIALS AND THE PRODUCTS ARE PROVIDED ON AN "AS
IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST
EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND
NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY,
RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEB SITE, THE MATERIALS, THE
PRODUCTS AND/OR ANY LINKS.
DISCLAIMER OF CONSEQUENTIAL DAMAGES. TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD
PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT
LIMITATION ANY DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS
INTERRUPTION) ARISING FROM OR RELATING TO THE USE OR INABILITY TO USE THE WEB
SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
LIMITATION OF COMPANY’S LIABILITY. The aggregate liability of
the Company to you for all claims arising from the Web Site and/or the use of
the Materials or Products is limited to $100.
TERMINATION. The Company reserves the right, at its sole
discretion, to pursue all of its legal remedies, including but not limited to
deletion of your postings from this Web Site and immediate termination of your
registration with or ability to access the Web Site and/or any other service
provided to you by the Company, upon any breach by you of these Terms and
Conditions or if the Company is unable to verify or authenticate any information
you submit to the Web Site.
YOUR INDEMNITY. You agree to defend, indemnify, and hold harmless the Company,
its officers, directors, employees, agents, customers and clients from and
against any claims, actions or demands, including without limitation reasonable
attorney and accounting fees, resulting from or arising out of any content or
communications you post or transmit through the Web Site, your use of the Web
Site, the Materials or the Products, or your violation of the terms of these
Terms and Conditions. The Company shall provide notice to you promptly of any
such claim, action or demand and may, in Company’s sole discretion, assist
you, at your expense, in its defense or settlement.
GENERAL. The Company makes no claims that the Web Site, the Materials and/or the
Products may be lawfully accessed, viewed or downloaded outside of the United
States. Any such use of the Web Site, the Materials and/or the Products may not
be lawful by certain persons or in certain territories. If you access any of
these from outside of the United States, you do so at your own risk and are
responsible for compliance with the laws of whatever jurisdiction you are in at
the time. These Terms and Conditions are governed by laws of the
state of Delaware, without regard to its conflict of laws principles. You hereby
consent to the exclusive jurisdiction and venue of the state and federal courts
within Wilmington,
Delaware, for any claims arising out of or relating to your
use of the Web Site, the Materials, the Products, and/or these Terms and
Conditions. If any provision of these Terms and Conditions is found to be
invalid or unenforceable by any court having competent jurisdiction, then the
invalid or unenforceable provision will be deemed superseded by a valid and
enforceable provision that most closely matches the intent of the original, and
the remainder of the agreement shall remain in full force and effect. No waiver
of any term of these Terms and Conditions shall be deemed a further or
continuing waiver of such term or any other term. Except as expressly provided
in additional terms of use for areas of the Web Site, a particular "Legal
Notice," or Software License, these Terms and Conditions constitute the
entire agreement between you and the Company with respect to your use of the Web
Site, the Materials and/or the Products. No changes to these Terms and
Conditions shall be made except by a revised posting on this page.
ADDITIONAL TERMS OF USE. Certain areas of this Web Site may be
subject to additional terms of use. By using such areas, or any part thereof,
you agree to be bound by the additional terms of use applicable to such areas.
In the event that any of the additional terms of use governing such areas
conflict with the Terms and Conditions contained herein, these Terms and
Conditions shall control. | |
|