WE ARE NOT A LENDER, CREDITOR, MORTGAGE BROKER, LOAN ORIGINATOR, LOAN PROCESSOR, OR UNDERWRITER. WE ARE NOT A FINANCIAL INSTITUTION, A FINANCIAL ADVISOR OR A PROVIDER OF INVESTMENT ADVICE, AND WE ARE NOT ACTING AS YOUR AGENT.
Fair Housing Act
We comply with and encourage the Fair Housing Act of 1968 and do not discriminate because of race, color, religion, sex, handicap, familial status, or national origin.
Accessing the Services and Account Security
We reserve the right to withdraw or amend the Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users and nonregistered users.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Services.
If you choose, or are provided with, an email, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your email, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your email or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
You must not:
- Modify copies of any materials from the Services.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.
You must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services.
The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability.
Additionally, you agree not to:
- Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
- Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
- Use any device, software, or routine that interferes with the proper working of the Services.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Services.
Third Party Referrals
We may provide advisory services through the Services, including but not limited to, living, social, and technology services. While acting as an advisor, we may recommend or refer you to third parties who may provide us with direct or indirect compensation. Your relationship with any third party is strictly with that third party. We are not acting as an agent in any capacity for any third party and we are not involved in that third party’s communications, advice, services, or any other services the third party may provide.
Third parties with whom we may refer you to are independent and are not an employee, agent, joint venturer or partner of the Company. We do not control services offered by the third party. Third parties have complete discretion whether and when to provide services, and at what price and on what terms to offer them.
SERVICES AND PRODUCTS OF THIRD PARTIES THAT ARE MADE AVAILABLE THROUGH OR RECOMMENDED ON THE SERVICES ARE PROVIDED BY THIRD PARTIES, NOT THE COMPANY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YOUR USE OF ANY OTHER SERVICE OR PRODUCT RECOMMENDED BY THE COMPANY OR OFFERED BY THIRD PARTIES THROUGH THE SERVICES, IS SOLELY AT YOUR OWN RISK. WE DO NOT ASSUME ANY LIABILITY OR MAKE ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARISING OUT OF, IN CONNECTION WITH OR WITH RESPECT TO THE SERVICES, PRODUCTS, AND COMMUNICATIONS BY THIRD PARTIES OR THE SERVICES AND PRODUCTS THAT WE RECOMMEND, INCLUDING THE SERVICES AND PRODUCTS OF OUR PARTNERS.
IN NO EVENT SHALL WE BE LIABLE FOR ANY ACT, ERROR OR OMISSION BY ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICE OFFERED THROUGH THE SERVICES, OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY.
Reliance on Information Posted
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
The Services include content provided by third parties, including materials provided by other bloggers, third-party licensors, syndicators, aggregators, reporting services, and third parties with whom we may refer you to. All statements and/or opinions expressed and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials, services, or communications. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials, services, or communications provided by any third parties.
Changes to the Services
We may update the content on the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Services
Links from the Services
If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
When you request an information kit, contact us requesting additional services regarding maintenance or your membership, or otherwise provide your email and or phone number to the Company, you will receive communications including without limitation telephone calls, SMS (text messages), and emails from us our subsidiaries, affiliates or third parties. This includes communications through automated means, including autodialing, text, and pre-recorded messaging, telephone, or mobile device. This applies even if your telephone number is currently listed on any internal, corporate, state, federal or national Do-Not-Call list. By providing us with your phone number you consent to receiving phone calls and SMS (text messages) from us and acknowledge that third party data rates may apply. You can opt out of receiving communication from by emailing us at email@example.com.
The owner of the Services is based in the State of New York in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICES LINKED TO IT.
YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO
THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Not a Professional Services Provider
THE INFORMATION PROVIDED THROUGH THE SERVICES IS PROVIDED SOLELY FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES. WE ARE NOT A FINANCIAL INSTITUTION, A FINANCIAL ADVISOR OR A PROVIDER OF INVESTMENT ADVICE. WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE INFORMATION OR ADVICE THAT MAY BE OBTAINED THROUGH THE USE OF THE SERVICES OR ANY RESULTS BASED OFF INFORMATION OR ADVICE SHARED THROUGH THE SERVICES. BEFORE MAKING ANY FINANCIAL DECISIONS, INCLUDING THROUGH RECOMMENDATIONS, INFORMATION, OR ADVICE OF THIRD PARTIES IDENTIFIED THROUGH THE SERVICES, YOU SHOULD OBTAIN ADDITIONAL INFORMATION AND ADVICE OF A FINANCIAL ADVISOR AND OR AN ACCOUNTANT WHO ARE FULLY AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES. WE ARE NOT RESPONSIBLE FOR ANY POSSIBLE FINANCIAL LOSS YOU MAY EXPERIENCE AND WE DO NOT MAKE ANY CLAIMS, REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY FINANCIAL OUTCOME OR RESULT.
WE ARE NOT A LENDER, CREDITOR, MORTGAGE BROKER, LOAN ORIGINATOR, LOAN PROCESSOR, OR UNDERWRITER. WE DO NOT AID OR ASSIST IN OBTAINING LOANS OR LOAN APPLICATIONS OR ASSIST IN MAKING LOAN APPLICATION DECISIONS. WE ARE NOT YOUR AGENT OR AN AGENT OF ANY LENDER, BROKER OR MORTGAGE OR LOAN PROFESSIONAL. WE ARE NOT A LICENSED REAL ESTATE AGENT OR A REAL ESTATE BROKER.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Dispute Resolution and Binding Arbitration
(a) YOU AND THE COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
(b) ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO SERVICES THROUGH THE SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION LOCATED IN NEW YORK COUNTY, NEW YORK USA.
The arbitration will be administered by the American Arbitration Association (“AAA
”) in accordance with the Consumer Arbitration Rules (the “AAA Rules
”) then in effect. (The AAA Rules are available at https://www.adr.org/sites/default/files/Consumer_Rules_Web_1.pdf
or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
(d) The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
(e) You agree to an arbitration on an individual basis. In any dispute, YOU WILL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY
. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
If for any reason, a claim proceeds in court rather than arbitration, the claim shall be resolved exclusively in the state and federal courts located in New York County, New York, and the parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such courts.
Exceptions to Arbitration
Limitation on Time to File Claims
We are not liable for any delays or failure in performance of any part of the Services, from any cause beyond our control, including but not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, unusually severe weather conditions, and acts of hackers, or third party service providers.
Waiver and Severability
All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to firstname.lastname@example.org.