CAPITALMAC LEGAL DISCLAIMER
Legal Terms and Notices
End-User License Agreement
Your access to and use of this site is subject to the following terms and conditions
and all applicable laws. By accessing and using this site, you accept the following
terms and conditions, without limitation or qualification.
Unless otherwise stated, the contents of this site including, but not limited to,
the text and images contained herein and their arrangement are the property of CapitalMAC®.
All trademarks used or referred to in this website are the property of their respective
owners.
Nothing contained in this site shall be construed as conferring by implication,
estoppel, or otherwise, any license or right to any copyright, patent, trademark,
service
mark or other proprietary interest of CapitalMAC® or any third party.
This site and the content provided in this site, including, but not limited to,
graphic images, audio, video, html code, buttons, and text, may not be copied, reproduced,
republished, uploaded, posted, transmitted, or distributed in any way, without the
prior written consent of CapitalMAC®, except that you may download, display, and
print one copy of the materials on any single computer solely for your personal,
non-commercial use, provided that you do not modify the material in any way and
you keep intact all copyright, trademark,
service
mark and other proprietary notices.
The information provided on this site is free of charge and for informational purposes
only and does not create a business or professional services relationship between
you and CapitalMAC®. Links on this site may lead to services or sites not operated
by CapitalMAC®. No judgment or warranty is made with respect to such other services
or sites and CapitalMAC® takes no responsibility for such other sites or services.
A link to another site or service is not an endorsement of that site or service.
Any use you make of the information provided on this site, or any site or service
linked to by this site, is at your own risk.
This site and its contents are provided "as is" and CapitalMAC® makes no representation
or warranty of any kind with respect to this site or any site or service accessible
through this site. CapitalMAC® expressly disclaims all express and implied warranties
including, but not limited to, the implied warranties of merchantability, fitness
for a particular purpose, title, and non-infringement. In no event will CapitalMAC®
be liable to any party for any direct, indirect, incidental, special, exemplary,
consequential, or other damages (including, but not limited to, lost profits, business
interruption, loss of programs or data) without regard to the form of action and
whether in contract, tort, negligence, strict liability, or otherwise, arising out
of or in connection with this site, any content on or accessed through this site
or any site service linked to, or any copying, displaying, or use thereof.
CapitalMAC® maintains this site in Virginia, U.S.A. and you agree that these
terms of use and any legal action or proceeding relating to this site shall be governed
by the laws of the State of Virginia without reference to its choice of law
rules. If you attempt to bring any legal proceedings against CapitalMAC® you specifically
acknowledge that CapitalMAC® is free to choose the jurisdiction of our preference
as to where such action against us may be held. As you have agreed by using this
site to choose the laws of the State of Virginia to govern any such proceedings,
we will probably choose to defend any such action in Virginia and we can make
this decision entirely as it suits us, without regard to where in the world you
are located, or from where in the world you visited this site.
You are responsible for complying with the laws of the jurisdiction from which you
are accessing this site and you agree that you will not access or use the information
on this site in violation of such laws. Unless expressly stated otherwise herein,
any information submitted by you through this site shall be deemed non-confidential
and non-proprietary. You represent that you have the lawful right to submit such
information and agree that you will not submit any information unless you are legally
entitled to do so.
DISCLAIMERS AND LIMITATIONS ON LIABILITY
Your use and browsing of the Site is at your own risk. If you are dissatisfied with
the Site, any of the materials contained in the Site including, without limitation,
other CapitalMAC® communications which include downloadable materials, and electronic
transmittals to customers, with this User Agreement or if the Site is not functioning
to your expectations, your sole and exclusive remedy is to discontinue accessing
and using the Site.
This Site is designed to provide accurate and authoritative information in regard
to the marketing of mortgages. The content within this Site does not purport to
consider or analyze all the body of issues that may surround the various aspects
of marketing of mortgages. In addition, the mortgage loan origination business is
subject to extensive regulation, including but not limited to the Real Estate Settlement
Procedures Act ("RESPA"). CapitalMAC® is not providing, nor should any content provided
on or through the Site, be regarded or deemed to be any advice regarding compliance
with any applicable laws or regulations, including RESPA. Neither the publisher
nor the authors of this Site are engaged or intend to engage in rendering legal,
accounting or any other professional services. This Site, any content therein, and
any other external hyperlinks referenced in this site are offered for informational
purposes only. Information given here should not be substituted for sound counseling
by a qualified attorney or other professional person.
CapitalMAC® contains facts, views, opinions, statements and recommendations of third
party individuals and organizations. CapitalMAC® does not represent or endorse the
accuracy, correctness or reliability of any advice, opinion, statement or other
information displayed, uploaded or distributed through the Site. You should regard
statements non-factual in nature to constitute current opinions, which are subject
to change. With respect to statements factual in nature, including information regarding
the past performance of real estate and trust deed investments or with respect to
historical data regarding interest rates, you should be aware that past performance
is no guarantee of future results and the historical information that may be provided
does not predict future activity. Any reliance upon any such opinion, advice, statement
or information is at your sole risk.
Without limiting the generality of the foregoing, CapitalMAC® is not qualified or
authorized to give legal advice, including but not limited to investment and regulatory
advice or securities recommendations. If you wish to obtain investment advice or
securities recommendations, you should consult a licensed investment adviser or
securities dealer. You should not regard any comment or expression of opinion of
any person provided on the Site as legal advice or securities recommendations nor
should you act upon any investment advice given or securities recommendations made
to you by a person who is not qualified or licensed to give such advice or to make
such recommendations (including CapitalMAC®).
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES,
INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL CapitalMAC®, ITS PARENTS, SUBSIDIARIES,
AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS OR ANY
OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE FOR
ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, SPECIAL, DIRECT, INCIDENTAL,
CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), INDIRECT OR PUNITIVE
DAMAGES ARISING OUT OF YOUR ACCESS TO, USE OF OR INABILITY TO USE, THE SITE, EVEN
IF CapitalMAC® WAS ADVISED BEFORE HAND OF SUCH POSSIBILITY. CapitalMAC® DOES NOT
WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM CapitalMAC® ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. CapitalMAC® IS NOT RESPONSIBLE OR LIABLE FOR
ANY DAMAGES TO, OR INFECTIONS OR CONTAMINATION OF YOUR SYSTEM, COMPUTER, EQUIPMENT,
OR OTHER PROPERTY, OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF
YOUR USE OF THE SITE OR WITH RESPECT TO THE MATERIAL CONTAINED ON THE SITE WHETHER
THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY CapitalMAC® OR ANYONE ELSE. THE
SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS
IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY,
COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. YOU EXPRESSLY
AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT
HAVE ADDITIONAL RIGHTS.
CapitalMAC® cannot ensure that you will be satisfied with any products or services
that may be advertised on the Site or that you may purchase from a third-party site
that may be on, or linked to or from the Site, since such product or services may
be owned and operated by independent retailers. CapitalMAC® has not taken any steps
to confirm the accuracy or reliability of any of the information contained in such
advertisements or third-party sites. CapitalMAC® does not make any representations
or warranties as to the security of any information (including, without limitation,
credit card and other personal information) you might be requested to give any third
party, and you hereby irrevocably waive any claim against CapitalMAC®, its affiliated
companies, affiliates and their respective directors, officers, employees and agents
with respect to such sites. CapitalMAC® strongly encourages you to make whatever
investigation you feel necessary or appropriate before proceeding with any online
or offline transaction with any of these third parties.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless CapitalMAC®, its parents, subsidiaries,
affiliates and their respective directors, officers, employees and agents from and
against any and all claims, actions, suits or proceedings, as well as any and all
losses, liabilities, damages, costs and expenses (including reasonable attorneys
fees) arising out of or accruing from: (a) any Materials posted or otherwise provided
by you that infringe any copyright, trademark,
service
mark, trade secret, trade
dress, patent or other intellectual property right of any person or defames any
person or violates their rights of publicity or privacy, (b) any misrepresentation
made by you in connection with your use of the Site or reliance by you on any Materials
contained on the Site; (c) any non-compliance by you of the User Agreement; and
(d) claims brought by persons or entities other than the parties to this Agreement
arising from or related to your access and use of the Site, including the Information
or Materials obtained through the Site.
COPYRIGHT
All information, content, services and software displayed on, transmitted through,
or used in connection with this Site, such as text, graphics, logos, button icons,
images, audio clips, digital downloads, data compilations, and software, is the
property of CapitalMAC® and protected by United States and international copyright
laws. The compilation of all content on this Site is the exclusive property of CapitalMAC®
and protected by U.S. and international copyright law. CapitalMAC®
is a registered trademark of Capital Mortgage Acceptance Corporation in the
United States. CapitalMAC.com, CapitalMACDirect, and
CapitalMACDirect.com are trademarks and service
marks of Capital
Mortgage Acceptance Corporation (CapitalMAC®) in the United States. CapitalMAC.com
and the graphics, logos, page headers, button icons, scripts, and service names
are trademarks,
service
marks, or trade dress of CapitalMAC®. CapitalMAC's
trademarks,
service
marks and trade dress may not be used in connection with
any product or service that is not CapitalMAC's, or in any manner that is likely
to cause confusion among customers, or in any manner that disparages or discredits
CapitalMAC®.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink
to the home page of CapitalMAC.com so long as the link does not portray CapitalMAC®,
its affiliates, or their products or services in a false, misleading, derogatory,
or otherwise offensive manner and provided that you agree to cease such link upon
request from CapitalMAC®. You may not use any CapitalMAC® logo or other proprietary
graphic or trademark as part of the link without express written permission. trademarks,
service
marks and trade dress may not be used in connection with
any product or service that is not CapitalMAC's, or in any manner that is likely
to cause confusion among customers, or in any manner that disparages or discredits
CapitalMAC®.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink
to the home page of CapitalMAC.com so long as the link does not portray CapitalMAC®,
its affiliates, or their products or services in a false, misleading, derogatory,
or otherwise offensive manner and provided that you agree to cease such link upon
request from CapitalMAC®. You may not use any CapitalMAC® logo or other proprietary
graphic or trademark as part of the link without express written permission.
ASSIGNMENT
You may not assign your rights or obligations arising under this Agreement without
CapitalMAC's prior written consent. Any other assignment shall be null and remain
void. CapitalMAC® may assign its rights and obligations under this Agreement, but
must provide written notice to Customer within 90 days of doing so.
ADDITIONAL TERMS
The following policies are incorporated into this Agreement by reference and provide
additional terms and conditions related to specific services offered on this Site:
Privacy Policy
Each of these policies may be changed from time to time and are effective immediately
after CapitalMAC® posts the changes on this Site, except for the Privacy Policy
for which CapitalMAC® will provide you with thirty days prior notice.
