Terms of Use
Lender Option
AGREEMENT BETWEEN USER AND Lenders Option Corporation
The Lenders Option Corporation Web Site is comprised of various Web pages operated
by Lenders Option Corporation. The Lenders Option Corporation Web Site is offered
to you conditioned on your acceptance without modification of the terms, conditions,
and notices contained herein. Your use of the Lenders Option Corporation Web Site
constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Lenders Option Corporation reserves the right to change the terms, conditions, and
notices under which the Lenders Option Corporation Web Site is offered, including
but not limited to the charges associated with the use of the Lenders Option Corporation
Web Site.
LINKS TO THIRD PARTY SITES
The Lenders Option Corporation Web Site may contain links to other Web Sites ("Linked
Sites"). The Linked Sites are not under the control of Lenders Option Corporation
and Lenders Option Corporation is not responsible for the contents of any Linked
Site, including without limitation any link contained in a Linked Site, or any changes
or updates to a Linked Site. Lenders Option Corporation is not responsible for webcasting
or any other form of transmission received from any Linked Site. Lenders Option
Corporation is providing these links to you only as a convenience, and the inclusion
of any link does not imply endorsement by Lenders Option Corporation of the site
or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Lenders Option Corporation Web Site, you warrant
to Lenders Option Corporation that you will not use the Lenders Option Corporation
Web Site for any purpose that is unlawful or prohibited by these terms, conditions,
and notices. You may not use the Lenders Option Corporation Web Site in any manner
which could damage, disable, overburden, or impair the Lenders Option Corporation
Web Site or interfere with any other party's use and enjoyment of the Lenders Option
Corporation Web Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Lenders
Option Corporation Web Sites.
USE OF COMMUNICATION SERVICES
The Lenders Option Corporation Web Site may contain bulletin board services, chat
areas, news groups, forums, communities, personal web pages, calendars, and/or other
message or communication facilities designed to enable you to communicate with the
public at large or with a group (collectively, "Communication Services"), you agree
to use the Communication Services only to post, send and receive messages and material
that are proper and related to the particular Communication Service. By way of example,
and not as a limitation, you agree that when using a Communication Service, you
will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such
as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property
laws (or by rights of privacy of publicity) unless you own or control the rights
thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software
or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose,
unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know,
or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material contained
in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses,
without their consent.
- Violate any applicable laws or regulations.
Lenders Option Corporation has no obligation to monitor the Communication Services.
However, Lenders Option Corporation reserves the right to review materials posted
to a Communication Service and to remove any materials in its sole discretion. Lenders
Option Corporation reserves the right to terminate your access to any or all of
the Communication Services at any time without notice for any reason whatsoever.
Lenders Option Corporation reserves the right at all times to disclose any information
as necessary to satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or materials, in
whole or in part, in Lenders Option Corporation's sole discretion. Always use caution
when giving out any personally identifying information about yourself or your children
in any Communication Service. Lenders Option Corporation does not control or endorse
the content, messages or information found in any Communication Service and, therefore,
Lenders Option Corporation specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your participation in any
Communication Service. Managers and hosts are not authorized Lenders Option Corporation
spokespersons, and their views do not necessarily reflect those of Lenders Option
Corporation. Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are responsible for
adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO Lenders Option Corporation OR POSTED AT ANY Lenders Option
Corporation WEB SITE
Lenders Option Corporation does not claim ownership of the materials you provide
to Lenders Option Corporation (including feedback and suggestions) or post, upload,
input or submit to any Lenders Option Corporation Web Site or its associated services
(collectively "Submissions"). However, by posting, uploading, inputting, providing
or submitting your Submission you are granting Lenders Option Corporation, its affiliated
companies and necessary sublicensees permission to use your Submission in connection
with the operation of their Internet businesses including, without limitation, the
rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; and to publish your name in connection
with your Submission. No compensation will be paid with respect to the use of your
Submission, as provided herein. Lenders Option Corporation is under no obligation
to post or use any Submission you may provide and may remove any Submission at any
time in Lenders Option Corporation's sole discretion. By posting, uploading, inputting,
providing or submitting your Submission you warrant and represent that you own or
otherwise control all of the rights to your Submission as described in this section
including, without limitation, all the rights necessary for you to provide, post,
upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE Lenders Option Corporation WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Lenders Option
Corporation AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Lenders
Option Corporation WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Lenders Option
Corporation WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL
DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE
TAILORED TO YOUR SITUATION. Lenders Option Corporation AND/OR ITS SUPPLIERS MAKE
NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,
AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED ON THE Lenders Option Corporation WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
Lenders Option Corporation AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, IN NO EVENT SHALL Lenders Option Corporation AND/OR ITS SUPPLIERS
BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE Lenders Option Corporation WEB SITE, WITH THE DELAY OR INABILITY
TO USE THE Lenders Option Corporation WEB SITE OR RELATED SERVICES, THE PROVISION
OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS OBTAINED THROUGH THE Lenders Option Corporation WEB SITE, OR
OTHERWISE ARISING OUT OF THE USE OF THE Lenders Option Corporation WEB SITE, WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Lenders
Option Corporation OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Lenders Option Corporation
WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE Lenders Option Corporation WEB SITE. SERVICE CONTACT : robertfolsom@lendersoption.net
TERMINATION/ACCESS RESTRICTION
Lenders Option Corporation reserves the right, in its sole discretion, to terminate
your access to the Lenders Option Corporation Web Site and the related services
or any portion thereof at any time, without notice. GENERAL To the maximum extent
permitted by law, this agreement is governed by the laws of the State of Washington,
U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts
in King County, Washington, U.S.A. in all disputes arising out of or relating to
the use of the Lenders Option Corporation Web Site. Use of the Lenders Option Corporation
Web Site is unauthorized in any jurisdiction that does not give effect to all provisions
of these terms and conditions, including without limitation this paragraph. You
agree that no joint venture, partnership, employment, or agency relationship exists
between you and Lenders Option Corporation as a result of this agreement or use
of the Lenders Option Corporation Web Site. Lenders Option Corporation's performance
of this agreement is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of Lenders Option Corporation's right to comply
with governmental, court and law enforcement requests or requirements relating to
your use of the Lenders Option Corporation Web Site or information provided to or
gathered by Lenders Option Corporation with respect to such use. If any part of
this agreement is determined to be invalid or unenforceable pursuant to applicable
law including, but not limited to, the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent of the original
provision and the remainder of the agreement shall continue in effect. Unless otherwise
specified herein, this agreement constitutes the entire agreement between the user
and Lenders Option Corporation with respect to the Lenders Option Corporation Web
Site and it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and Lenders Option Corporation
with respect to the Lenders Option Corporation Web Site. A printed version of this
agreement and of any notice given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to this agreement to the same
extent an d subject to the same conditions as other business documents and records
originally generated and maintained in printed form. It is the express wish to the
parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Lenders Option Corporation Web Site are: (c) Lenders Option
Corporation, Inc. and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks
of their respective owners. The example companies, organizations, products, people
and events depicted herein are fictitious. No association with any real company,
organization, product, person, or event is intended or should be inferred. Any rights
not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement under United States copyright law should be sent to Service
Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE
WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright
Infringement.