|
Welcome
to our Terms of Use (“Agreement”) page.
We own and operate the web site Zoogage.com (www.zoogage.com) and
all the materials contained within.
We ask that you read the following terms of use, which constitute a
license that covers your use of this site and any transactions that
you engage in through this site. By accessing, viewing, or
using this site, you acknowledge that you have read, understand and
agree with these terms. If you do not wish to be bound by
these terms, please do not use this site. If you have any
questions please feel free to contact us.
1. PRIVACY.
We are firmly committed to the privacy of our users.
Review our
Privacy Policy.
2. USE OF WEB
SITES.
Subject to the terms and
conditions of this Agreement, we grant you a non-exclusive,
non-transferable, limited license to access, display and use our Web
sites and their Contents. Our Web sites exists to provide you with a
resource center for information on home loan programs and to permit you
to request a quote from a mortgage professional. We authorize you to
display, copy, distribute, download and print the Contents for your
personal, informational, and non-commercial purposes only. The Contents
may not be modified or reposted to other sites. You must retain all
copyright and other proprietary notices on all copies of the Contents.
You shall comply with all copyright laws worldwide in your use of our
Web sites and prevent unauthorized copying of their Contents. Except as
provided in this Agreement, we do not grant you any express or implied
right in or under any patents, trademarks, copyrights or trade secret
information.
3. PROHIBITED USE
OF WEB SITES.
Any
use of our Web sites other than that stated in Section 2 is prohibited.
Furthermore, you shall not use any features of this site that permit
communications to post, transmit, display or otherwise communicate:
any
defamatory, threatening, obscene, harassing, or otherwise unlawful
information;
any advertisement, solicitation, spam, chain letter or
other similar type information;
any encouragement of illegal activity;
unauthorized use or disclosure of private, personally
identifiable information, or proprietary information of others; or
any materials subject to trademark, copyright or other
laws protecting any materials or data of others in the absence of a
valid license or other right to do so.
4. COPYRIGHT AND TRADEMARK.
The information contained on our Web sites,
including all images, designs, photographs, writings, graphs, data, and
other materials (“Contents”), as well as the collection, arrangement and
assembly of the Contents, are the exclusive property of Zoogage, Inc.
and is protected by international and United States copyrights,
trademarks, trade secrets, and/or other proprietary rights. The
trademarks on our Web sites may not be used in connection with any other
product or service. Any use of the Contents, other than as set forth in
Section 2, including reproduction for purposes of modification,
distribution, or republication, without our prior written consent, is
strictly prohibited. We acknowledge the rights of third parties whose
trademarks or registered trademarks are referenced at our Web sites.
5. SERVICES PROVIDED.
We facilitate the ability of our
users to locate
mortgage professionals as a courtesy to them and as part of our business
relationship with such professionals however we do not publish content
that specifically favors one lender over another. Zoogage is
committed to providing unbiased information from experienced industry
professionals. The services we offer are only
administrative and informative in nature. We do not undertake a duty to
act on behalf of our users
in any capacity. We are not a mortgage lender
and do not make loans or credit decisions in connection with loans. We
do not act as an agent for users of our Web sites, nor do we accept loan
applications or obtain, make, negotiate, place or arrange for loans.
You understand that you will have to complete an application with a
bank, licensed lender or mortgage broker outside of our Web sites before
any official pre-approved, pre-qualified status or offer of credit is issued.
We do not endorse, recommend or favor the products of any participating
lender and we do not act as an agent for any participating lender.
There is no guaranty that you will receive a mortgage loan through the
use of our Web sites. The services provided by our Web sites are free
to our users. We receive no compensation from users for any of the
services we provide, however, we may be paid a fee by participating
lenders for consumer information.
You should rely on your own judgment in deciding which available loan
product best suits your needs and financial means. The lender you
ultimately select is solely responsible for the services provided by
such lender, and you agree that we shall not be liable for any damages
or costs of any type arising out of or in any way connected with you use
of such services. We do not guaranty acceptance into any particular
loan program or specific loan terms or conditions with any lender. Loan
approval standards are established and maintained solely by individual
lenders. Any such reference to guidelines contained within this site is
for informational purposes only and may not reflect guidelines specific
to the lenders to whom you speak. Likewise, we do not guaranty that the
loan terms or rates mentioned in our Web sites are the best terms or
lowest rates available in the market. Unless expressly stated in
writing, nothing contained herein shall constitute an offer or promise
for a loan commitment or interest rate lock-in agreement.
6. DISCLAIMERS AND LIMITATIONS.
You expressly agree that use of our Web sites
is at your sole risk. We, nor our affiliates, nor any of our officers,
directors, employees, agents, third-party content providers, or
licensors (collectively, “Providers”), or the like, warrant that this
site will be uninterrupted or error-free; nor do we make any warranty as
to the results that may be obtained from the use of this site, or as to
the accuracy, completeness, reliability, security or currency of the
Contents.
THE WEB SITES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES
ASSOCIATED WITH THEM ARE PROVIDED ON AN "AS IS," “WHERE AVAILABLE”
BASIS. WE AND OUR PROVIDERS
DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY
MATTER WHATSOEVER RELATING TO THE WEB SITES AND ANY INFORMATION,
SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT
LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. USE OF THE WEB SITES IS
AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7. LIMITATION OF LIABILITIES.
YOU AGREE THAT
NEITHER WE NOR OUR PROVIDERS SHALL BE LIABLE FOR ANY DAMAGE, LOSS, OR
EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR
USE OF THE MATERIALS, CONTENT, OR INFORMATION ON OUR SITES REGARDLESS OF
WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO
EVENT, INCLUDING WITHOUT LIMITATION A NEGLIGENT ACT, SHALL WE OR ANY OF
OUR PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT
LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR
INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE
MATERIALS, CONTENT OR INFORMATION ON OUR SITES OR ANY OTHER PRODUCTS,
SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON OUR SITES, YOUR
USE OF, OR INABILITY TO USE, OUR SITE GENERALLY, OR OTHERWISE IN
CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER WE OR ANY OF OUR
PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE
SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. INDEMNITY.
As a condition of use of this Web site, you agree to indemnify, defend
and hold harmless us and our Providers from and against any and all
claims and expenses (including reasonable attorneys' fees) arising out
of or related in any way to your use of our Web sites, violation of this
Agreement, or of any law or regulation, or violation of any proprietary
or privacy right.
9. LIMITATIONS ON CLAIMS.
Any cause of action you may have with respect to your use of our Web
sites must be commenced within one (1) year after the claim or cause of
action arises.
10. LINKS TO THIRD PARTIES.
This Web site may contain links to Web sites maintained by third
parties. Such links are provided for your convenience and reference
only. If you use these links you will leave our Web sites. Conversely,
Web sites operated by entities other than us may contain links to our
Web sites. The linked and linking sites are not under our control and
we are not responsible for the contents, software, products or services
available on any linked or linking site or any link contained in a
linked or linking site or any changes or updates to such sites. We
provide links as a convenience only. The existence of any link on our
Web sites does not mean that we endorse, support or accept any
responsibility for the content or use of such sites. You are solely
responsible for the results and consequences of your use of such links.
We reserve the right to discontinue any linked site at any time without
prior notice. Please contact the web masters of any linked sites
concerning any information, goods and/or services appearing thereon.
11. ADJUSTABLE RATE
INFORMATION.
Certain risks are associated with any kind of adjustable rate mortgage.
The information contained in this site should be used only for
reference. Before entering into an agreement with any financial
institution please consult your financial planner, accountant or any
other person who is familiar with your financial profile for further
information.
12.
SUBMISSION AND OWNERSHIP OF SUBMITTED MATERIAL.
All stories,
articles and content submitted by you is considered to be a voluntary
act and is done so without expectation or right to any participation in
revenue sharing now and/or in the future. You agree that such
information is not subject to copyright protection. If you do
submit content which is protected by copyright law then you submitting
this on behalf of your legal right to distribute such material and
freely give us the right to use and publish the information waiving any and all
rights to compensation now or in the future. Zoogage provides a
forum for consumers and industry professionals to host their work
without expectation or right to share in revenue.
13. ERRORS AND DELAYS.
We are not responsible for any errors or delays in responding to a
qualification form caused by an incorrect e-mail address provided by you
or other technical problems beyond our reasonable control.
14. GENERAL.
a. Disputes. Any dispute relating in
any way to your visit to of our Web sites shall be submitted to
confidential arbitration in Broward County, Florida, except that, to the
extent you have in any manner violated or threatened to violate our
intellectual property rights, we may seek injunctive or other
appropriate relief in any state or federal court in the state of
Florida, and you consent to exclusive jurisdiction and venue in such
courts. Arbitration under this agreement shall be conducted under the
commercial rules then prevailing of the American Arbitration
Association. The arbitrator's award shall be binding and may be entered
as a judgment in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration under this Agreement
shall be joined to an arbitration involving any other party subject to
this Agreement, whether through class arbitration proceedings or
otherwise.
b. Entire Agreement. This agreement constitutes the entire
agreement between you and Zoogage, Inc. and it supersedes all prior
or contemporaneous communications, promises and proposals, whether oral,
written or electronic, between you and Zoogage, Inc. with respect to
your sue of our Web sites and information, software, products and
services associated with them. 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. 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 and subject to the same conditions as other
business documents and records originally generated and maintained in
printed form.
c. Term and Termination. Without limiting its other remedies,
Zoogage, Inc. may immediately discontinue, suspend, terminate or
block your and any user’s access to this site at any time in our sole
discretion.
d. Modifications to Agreement. We may revise this Agreement at
any time and you agree to be bound by the revised Agreement. Any such
modifications will become effective upon the date they are first posted
to our Web sites. It is your responsibility to return to this Agreement
from time to time to review the most current terms and conditions.
Zoogage, Inc. does not and will not assume any obligation to notify
you of the changes.
PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
|
