Luxury
Mortgage Corp®
TERMS OF WEB SITE USE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
BY ACCESSING THIS SITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND
BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS
AND CONDITIONS BELOW, DO NOT ACCESS THIS SITE, OR ANY PAGES THEREOF.
TERMS AND CONDITIONS
Definitions
As used in this contract: (a) the term "Agreement" refers
to this contract; (b) the terms "you" and "yours,"
refer to you, a visitor to the Luxury Mortgagesm web site, as well
as anyone you authorize to visit the Luxury Mortgage web site on
your behalf; (c) the terms “Luxury Mortgage Corp”, "Luxury
Mortgage," "we," and "our" and "ours"
refer to Luxury Mortgage Corp and any affiliates of Luxury Mortgage
whose products or services are offered on the Luxury Mortgage web
site; and (d) the term “Site" refers to the web site
located at www.luxurymortgage.com® and related pages, or any
linked pages and web sites hosted or sponsored by Luxury Mortgage.
PRIVACY POLICY
Luxury Mortgage is committed to maintaining the privacy and security
of any and all information that you provide to Luxury Mortgage through
the Site. To that end, Luxury Mortgage urges you to review the Luxury
Mortgage Privacy Policy, which may be accessed by clicking on the
following link: Privacy Policy. Please note that web sites linked
to the Site may have separate privacy policies.
When you use this Site, the information you enter and the transactions
you conduct may be recorded. By using this Site, you consent to
such recording. Luxury Mortgage reserves the right to store information
on your computer in the form of a "cookie" or similar
file for purpose of modifying this Site to reflect users' preferences.
LINKING TO OTHER SITES
Links to non-Luxury Mortgage websites are provided solely as pointers
to information on topics that may be useful to users of the Site,
and Luxury Mortgage has no control over the content on such non-Luxury
Mortgage websites. The content, accuracy, opinions expressed and
other links provided by these resources are not investigated, verified,
monitored or endorsed by Luxury Mortgage. If you choose to link
to a website not controlled by Luxury Mortgage, Luxury Mortgage
makes no warranties, either express or implied concerning the content
of such site, including the accuracy, completeness, reliability
or suitability thereof for any particular purpose, nor does Luxury
Mortgage represent or warrant that such site or content is free
from any claims of copyright, trademark, or other infringement of
the rights of third parties or that such site or content is free
of viruses or other contamination. Luxury Mortgage does not guarantee
the authenticity of the documents on the Internet. Links to non-Luxury
Mortgage sites do not imply any endorsement of or responsibility
for the opinions, ideas, products, information or service at such
sites, or any representation regarding the content at such sites.
Other sites may collect data and personal information and operate
according to their own privacy practices. You should read the other
site's privacy policy before disclosing any information.
CACHING, FRAMING, HYPERLINKS PROHIBITED
Luxury Mortgage prohibits caching, unauthorized hypertext links
to the Site and the framing of any content available through this
site. Luxury Mortgage reserves the right to disable any unauthorized
links or frames and specifically disclaims responsibility for other
Internet sites linked to the Site.
USE AND LIMITATIONS OF THE SITE
Except where we specify otherwise, Luxury Mortgage offers you access
to the Site solely for your personal and non-commercial uses. You
promise that you will not use the Site, in whole or in part, for
any purpose that is unlawful or prohibited by this Agreement. You
agree that you will not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from,
frame in another web page, use on any other web site, transfer or
sell any information, software, lists of users, databases or other
lists, products or services provided through or obtained from the
Site. This means, among other activities, that you agree not to
engage in the practices of "screen scraping," "database
scraping," or any other similar activity. You agree that you
will not use the Site in any manner that could damage, disable,
overburden, or impair the Site or interfere with any other party's
use and enjoyment of the 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 Site. If and when requested
by Luxury Mortgage, you agree to provide true, accurate and complete
user information and to refrain from impersonating or falsely representing
your affiliation with any person or entity. Except with the written
permission of Luxury Mortgage, you agree that you will not access
or attempt to access password protected, secure or non-public areas
of the Site. You agree that Luxury Mortgage may in its sole discretion
and at any time terminate your access to and use of the Site, or
any part thereof, with or without notice. The Site contains content
and information originated by Luxury Mortgage, affiliates of Luxury
Mortgage or unaffiliated third parties. Luxury Mortgage makes available
such content and information through the Site as a public service,
for the sole purpose of aiding you, the consumer. Luxury Mortgage,
therefore, cannot guarantee the accuracy, sufficiency, correctness,
veracity, completeness, or timeliness of such information. You are
responsible for confirming the sufficiency and reliability of any
such information. This means, for example, that all of the information
and materials contained in the Site, including any terms and conditions
necessary to obtain a loan or other products or services are subject
to change at any time. Not all products and services are available
in all geographic areas. Your eligibility for particular products
and services is subject to final Luxury Mortgage determination and
acceptance. The information and materials contained in the Site
and the terms, conditions, and descriptions that appear therein
are subject to change without notice. Luxury Mortgage or its suppliers
may discontinue or make changes to the information, products or
services described herein at any time. Dated information is published
as of its date only, and Luxury Mortgage does not undertake any
obligation or responsibility to update or change any such information.
Luxury Mortgage reserves the right to terminate all Web offerings
without prior notice.
E-SIGNATURES AND COMMUNICATIONS
All electronic communications, including any electronic signatures
or identifiers of Luxury Mortgage, are being transmitted solely
for informational purposes. By making an electronic communication,
Luxury Mortgage specifically does not intend to agree, bind, or
otherwise consent to any matter for any purpose whatsoever, including
loan approval, and does not intend that the electronic communication,
or any related or associated electronic media or data, to constitute,
or to be deemed to constitute, an electronic signature pursuant
to any state or federal law or regulation that authorizes the use
of electronic signatures.
TRADEMARKS, SERVICE MARKS AND COPYRIGHT
Copyright in the Site, and in the information and material therein
and in their arrangement, is owned by Luxury Mortgage Corp unless
otherwise indicated. Luxury Mortgage Corp® and luxurymortgage.com®
are federally registered service marks of Luxury Mortgage Corp.
Luxury Mortgagesm is a service mark of Luxury Mortgage Corp. Luxury
Mortgage Corp also claims trademark and service mark rights in other
marks contained in the Site. If you wish to inform Luxury Mortgage
of any content that may indicate copyright infringement by any person
or entity, pursuant to Title 17, United States Code, Section 512(c)(2),
or trademark or service mark infringement pursuant to Title 15,
United States Code, Sections 1114 and 1116, please forward your
notification to:
Vice President, Legal Affairs & Compliance
Luxury Mortgage Corp
One Landmark Square
Suite 100
Stamford, CT 06901
DISCLAIMER
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING,
BUT NOT LIMITED TO, CONTENT PROVIDED BY LUXURY MORTGAGE, AN LUXURY
MORTGAGE AFFILIATE OR A THIRD PARTY THROUGH THE SITE IS AT YOUR
SOLE RISK. SUCH INFORMATION IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. LUXURY MORTGAGE MAKES NO EXPRESS
OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD
TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY,
VALUE, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION. LUXURY MORTGAGE
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.
LUXURY MORTGAGE SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER
OF SUCH INFORMATION OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE,
OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE
DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY
OR INDIRECTLY BY THE USE OR RELIANCE UPON SUCH INFORMATION. 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.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY AND HOLD LUXURY MORTGAGE CORP AND ITS, SUPPLIERS,
AFFILIATES, SUBSIDIARIES, EMPLOYEES AND AGENTS HARMLESS FROM ANY
AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE
ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF
ANY INFORMATION, INCLUDING, BUT NOT LIMITED TO, INFORMATION PROVIDED
VIA THE SITE. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
PUBLISHED ON THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
LUXURY MORTGAGE CORP, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME.
IN NO EVENT SHALL LUXURY MORTGAGE CORP, LUXURY MORTGAGE'S AFFILIATES
OR THIRD PARTIES, INCLUDING 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 SITE, WITH THE DELAY OR INABILITY
TO USE THE 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 SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LUXURY MORTGAGE
CORP, LUXURY MORTGAGE'S AFFILIATES OR ANY THIRD PARTY 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 SITE, OR WITH ANY
OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE SITE.
Without limiting the foregoing, you agree to indemnify,
defend and hold harmless Luxury Mortgage Corp, its partners, affiliates,
subsidiaries and suppliers from any liability, loss, claim and expense
(including attorneys' reasonable fees) related to your violation
of this Agreement.
MODIFICATIONS
Neither this Agreement nor any form that may be posted to this Site
may in any way be altered by you without Luxury Mortgage's express
written agreement. Any attempt by you to alter this Agreement or
any form posted to this Site without Luxury Mortgage's express written
consent shall be void and shall have no legal effect. This Agreement
is subject to change at any time. Notice of changes shall be made
by adding any changes to this document. Unless otherwise stated,
changes shall be effective upon posting. You agree to review this
Agreement from time to time for changes and updates.
MISCELLANEOUS
This Agreement is governed by the laws of the State of Connecticut,
without regard to the principles of conflicts of laws thereof. You
agree and consent to the exclusive jurisdiction and venue of courts
sitting in Connecticut, County of Fairfield and/or the District
of Connecticut in all disputes arising out of or relating to the
use of the Site. Use of the 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 Luxury Mortgage as a result
of this Agreement or use of the Site. 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.
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