Terms of Use
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Terms of Use
THESE TERMS OF USE, TOGETHER WITH OUR PRIVACY POLICY, form a legally binding agreement between you and us concerning your access and use of our Site (“AGREEMENT”).
Please read these Terms of Use carefully before you use our Site. By accessing or using our Site OR ATTEMPTING TO DO SO, you ARE agreeing that you have read, understand, and are bound by ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you do not agree with any of these Terms OR CONDITIONS, please DISCONTINUE AND do not use, access, or browse this Site.
1st 2nd Mortgage Co. of N.J., Inc. (“we”, “us”, or “our”) offers the website (“Site”) and any information, text, images, or other materials appearing on or included within the Site (“Content”). When we use the term “Site”, unless we indicate otherwise, it includes all Content on the Site and when we refer to your “use” of our Site, it means any time you access, browse, or view Content or use any features or functions of our Site.
Your Account
You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You may cancel your account with us at any time by notifying us in accordance with the instructions provided on the Site. We reserve the right to immediately suspend, cancel and/or terminate your account and right to use our Site, in our sole discretion and without prior notice to you, for any reason or if, for example, you violate any term or condition of this Agreement.
Content
You may not rent, lease, loan, sell, use, reproduce, display, perform, translate, modify, create derivative works from, publish or distribute any Content without our express prior written consent. You acknowledge that we have the right to modify, remove, delete or otherwise change all, or any part of the Content, at any time, without notice to you. We or our licensors are the owners of the Content and all copyrights, trademarks, marks, and other intellectual property rights, and you agree that all rights, titles, and interests in the Content will remain the exclusive property of us or our licensors. Nothing in these Terms of Use gives you a right to reproduce or otherwise use our name, Content, marks, logos, brands, or other distinctive features. Any unauthorized use of the Content may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
Use Restrictions
You agree that you will not use this Site for any purpose that is illegal, unlawful, prohibited, or in breach of your Agreement with us. You agree that you will not interrupt, disrupt, alter, destroy, impair, restrict tamper, or otherwise affect the proper operation of our Site in any way, including, without limitation, through the use of any malicious or unauthorized code, virus, worm, Trojan horse, malware, or program. You may not use our Site in any threatening, libelous, slanderous, defamatory, obscene, inflammatory, pornographic, discriminatory, or otherwise offensive manner. All rights not expressly granted in these Terms of Use are reserved to us or our licensors. We reserve the right in our sole discretion to revoke or deny your access to our Site, including, without limitation, if you violate any of the provisions of these Terms of Use.
Disclaimer of Warranties; Limitation of Liability
OUR SITE AND CONTENT ARE MADE AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND OR ANY ASSURANCE IT WILL BE AVAILABLE OR PERFORMED IN ANY PARTICULAR MANNER. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE OR CONTENT WILL BE OR OPERATE ERROR-FREE, UNINTERRUPTED, BE ACCURATE, RELIABLE, UP TO DATE, SATISFACTORY, MEET YOUR NEEDS OR REQUIREMENTS, OR THAT ERRORS OR DEFECTS WILL BE DETECTED OR CORRECTED.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY CLAIM, LOSS, OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OR BASIS OF ANY ACTION OR CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES TO CONSUMERS, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE AND DISCONTINUE YOUR USE OF OUR SITE. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
Indemnification
You agree to indemnify, defend and hold us, our affiliates, officers, agents, representatives, employees, partners, and licensors harmless from and against any and all claims, demands, liabilities, costs and expenses (including all costs, expenses and legal fees) arising out of or resulting from your access to or use of our Site and/or any breach of this Agreement or violation of any law or regulation applicable to you. We reserve the right to assume all or any part of the defense and control of any such claims and negotiations for settlement and you agree to fully cooperate with us in doing so.
Links to Other Sites
Our Site may contain links to third party web sites, such as social networks, whose terms and conditions may be different than ours. We are not associated, endorsing, or responsible for the services, websites, or content of these third parties. Neither our Terms of Use nor our Privacy Policy applies once you leave our Site. We encourage you to review the terms and conditions of these other sites.
Dispute Resolution
Our Agreement with you is governed by the substantive laws of the State of New Jersey without regard to the application of any conflicts of laws principles. You agree that any claims or disputes in connection with this Agreement or your use of the Site, will be brought in the courts located in [insert] and the parties irrevocably consent to the exclusive personal jurisdiction of such courts. You agree that you will only sue us as an individual. You agree that you will not file or participate in a class action. Except for equitable relief, you agree that any dispute between us can only be brought and resolved in binding individual non-class arbitration to be administered by the American Arbitration Association (“AAA”). If, for any reason, AAA is not available, you or we may file our case with any national arbitration company. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT YOU MAY
HAVE TO A JURY TRIAL.
Changes to these Terms of Use
We reserve the right, in our sole discretion to amend, modify, or change the Site, Content, and the term and conditions of this Agreement, at any time and without prior notice to you, except as may be legally required. Any such change shall be effective immediately upon posting. We suggest that you periodically check these Terms of Use so that you remain aware of the terms and conditions that apply to you. Your continued use of our Site after we post changes signifies your acceptance of the changes. If you do not accept the changes, please discontinue your use of the Site before the effective date when the amendment, modification or change takes effect or the next time you visit the Site after they take effect.
Contact Us
If you have any questions or comments about the information in these Terms of Use, please let us know by contacting us at info@1st2ndmortgage.com.