TERMS OF USE
1. USE OF THE SITE
The Site is provided solely for information purposes. AMERIFI Home Loans may modify
or change the Terms of Use at any time by posting notice of such change on Site.
Your continued use of Site after the effective date of such notice will
constitute acknowledgment and acceptance of the revised Terms of Use.
AMERIFI Home Loans may make certain information or services available via the Site only pursuant to additional guidelines, rules or agreements applicable to such services which may be posted from time to time.
You are entitled to view, copy and print any documents that are made generally available on Site but only for your own internal business purposes. Any sale, transmission or redistribution of Site or its content, and any copying, modification or other use of Site or its content for any purposes other than your own internal business purposes, are strictly prohibited.
AMERIFI Home Loans reserves the right, in its sole discretion, to take action that it deems appropriate for violations of this Terms of Use, including but not limited to terminating your access to Site, filing of criminal charges against you, or the initiating a civil action against you.
To the extent required to do so by law, AMERIFI Home Loans will fully cooperate with any law enforcement authorities or court order requesting or directing AMERIFI Home Loans to disclose information regarding users of Site.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
2. PRIVACY POLICY
Registration data and certain other information about you is subject to our
Privacy Policy. For more information, please see our full Privacy Policy on the
Site.
3. PROPRIETARY RIGHTS
The Site contains proprietary information that is protected by applicable
intellectual property and other laws, and you acknowledge and agree that the
proprietary information is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. Except as expressly authorized by
AMERIFI Home Loans, you agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Site, in whole or in part.
4. TERMINATION
You agree that AMERIFI Home Loans shall not be liable to you or any third-party for
any termination of your access to Site.
5. LINKS TO THIRD PARTY SITES
AMERIFI Home Loans does not endorse and is not responsible or liable for any
content, advertising, products, or other materials on or available from third
party sites or resources. You further acknowledge and agree that AMERIFI Home
Loans
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 such content, goods or services available on or through any such site or
resource. You understand and agree that you will use or rely on such web sites
solely at your own risk.
6. INDEMNITY
You agree to indemnify and release AMERIFI Home Loans and its affiliates from and
against any and all liabilities, expenses (including attorney's fees) and
damages arising out of claims resulting from your use of the Information or the
Site, including, without limitation, any claims that if the allegations were
true would constitute a breach of this Terms of Use.
7. DISCLAIMER OF WARRANTIES
a. AMERIFI Home Loans STRIVES TO PROVIDE ACCURATE AND UP-TO-DATE MATERIAL ON THIS
SITE. HOWEVER, AMERIFI Home Loans MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE
ACCURACY OR TIMELINESS OF THE MATERIAL PROVIDED ON THIS SITE. AMERIFI Home Loans
ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS ON THIS SITE.
YOUR USE OF SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. AMERIFI Home Loans EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT;
b. AMERIFI Home Loans MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SITE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AMERIFI Home Loans OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
8 LIMITATION OF LIABILITY
a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT AMERIFI Home Loans SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AMERIFI Home Loans HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY
TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON SITE; OR (iv) ANY
OTHER MATTER RELATING TO THE SITE.
b. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
9. NOTICE
Notices to you may be made via either e-mail, regular mail, or by displaying
notices or links to notices to you generally on Site.
10. GENERAL INFORMATION
a. The failure of AMERIFI Home Loans to exercise or enforce any right or provision
of the Terms of Use shall not constitute a waiver of such right or provision.
If, for any reason, a court or other body of competent jurisdiction finds, or
the Parties mutually believe, any provision of this Terms of Use, or portion
thereof, to be invalid or unenforceable, such provision will be enforced to the
maximum extent permissible, and the remainder of this Terms of Use will continue
in full force and effect.
b. 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 Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
c. THIS TERMS OFUSE SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT GIVING REGARD TO THE CHOICE OF LAW PROVISIONS OF THE STATE. IN THE EVENT THAT ANY PROVISION OF THIS TERMS OF USE OR ANY PART HEREOF IS FOUND INVALID OR UNENFORCEABLE, THE REMAINDER OF THIS TERMS OF USE WILL BE BINDING ON THE PARTIES HERETO AND WILL BE CONSTRUED AS IF THE INVALID OR UNENFORCEABLE PROVISION OR PART THEREOF HAD BEEN DELETED.