Between User & Pazanti Home Mortgage Corporation
Please carefully read this agreement ("Agreement") before accessing or using this Internet Web site ("Web Site"). When you access or use the Web Site, you are agreeing to be bound by this Agreement, including the liability disclaimers contained below. If you do not agree to the terms contained herein, do not use this Web Site or download any information from it. Materials on this Web Site may be accessed, downloaded and printed only for personal and non-commercial use. By using this Web Site, you agree that you will not use any materials or information found on this Web Site for any purpose that is unlawful or prohibited by this Agreement, including, but not limited to, the use of this Web Site from locations outside of the United States of America or if you are under 18 years of age. Your permission to use the Web Site is automatically terminated if you violate any of the terms contained in this Agreement.
This Web Site contains tools and information, such as mortgage calculators and other material, designed for educational purposes only. Pazanti Home Mortgage provides these tools and information as a service to users. Pazanti Home Mortgage does not guarantee the accuracy of such tools and information or the results of mortgage calculators. Pazanti Home Mortgage is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of the use of the educational tools and information, such as mortgage calculators and other material on its Web Site.
COPYRIGHT AND TRADEMARK RIGHTS
All materials on this Web Site are owned and copyrighted by Pazanti Home Mortgage. All rights are reserved and no reproduction, distribution, or transmission of the copyrighted materials at this Web Site is permitted without the written permission of Pazanti Home Mortgage. All trademarks, logos and service marks are the property of Pazanti Home Mortgage.
You hereby understand and agree that by using this Web Site, you have established a business relationship between you and Pazanti Home Mortgage. Establishing a business relationship with Pazanti Home Mortgage means that you agree to allow Pazanti Home Mortgage to contact you about its business via telephone, e-mail and /or standard mail using the contact information you have provided. You hereby consent to such contact even if your phone number is on any Do Not Call list. You further consent that by submitting your application, you have authorized Pazanti Home Mortgage to pull your credit report.
Pazanti Home Mortgage strives to make sure that the information on its web site is accurate, but inaccuracies or errors can occur. You use this web site at your own risk. Pazanti Home Mortgage reserves the right to change or modify the content of its web site at any time with or without notice. Your continued use of the web site constitutes your acceptance of such modified terms. This web site and all of the information contained therein are provided "as is." Pazanti Home Mortgage disclaims any and all warranties of any kind, whether expressed or implied, as to anything whatsoever relating to this web site and any information provided herein, including without limitation the implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement. Pazanti Home Mortgage is not liable for any direct, indirect, special, punitive, incidental or consequential damages caused by the use of this web site and/or the content located thereon, whether resulting in whole or in part, from breach of contract, tortuous conduct, negligence, strict liability or any other cause of action. Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion may not apply to you.
You agree to indemnify and hold Pazanti Home Mortgage harmless from and against any and all loss, cost, damage, or expense including, but not limited to, reasonable attorneys' fees incurred by Pazanti Home Mortgage arising out of any action at law or other proceeding necessary to enforce any of the terms, covenants or conditions of the Agreement or due to your breach of this Agreement.
This Agreement constitutes the entire agreement between you and Pazanti Home Mortgage, and supersedes any and all prior and contemporaneous oral or written agreements or understandings between you and Pazanti Home Mortgage. No representation, promise, inducement or statement of intention has been made by you and Pazanti Home Mortgage that is not embodied in this Agreement. You and Pazanti Home Mortgage shall not be bound by, or liable for, any alleged representation, promise, inducement, or statement of intention not contained in this Agreement. A printed version of this Agreement 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.
WAIVER OF BREACH
No waiver by Pazanti Home Mortgage of any breach by you of any provision hereof shall be enforceable against Pazanti Home Mortgage unless contained in a writing signed by Pazanti Home Mortgage. The waiver by Pazanti Home Mortgage of any breach of any provision of this Agreement shall not operate as a waiver of any subsequent breach of such provision or the breach of any other provision contained herein.
This Agreement is delivered in, and shall be construed and enforced in accordance with the laws of, the state of California , excluding its conflict of law principles.
WAIVER OF VENUE
You hereby consent and voluntarily submit to personal jurisdiction in the state of California, in and by the courts of the state of California located in the Orange County and the United States District Court for the Central District of California, in any action in which a claim is brought with respect to this Agreement and you agree that it may be served with process in any such action by hand delivery, courier, overnight delivery service, or certified or registered mail, return receipt requested. You irrevocably and unconditionally waive and agree not to plead, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of venue or the convenience of the forum of any action or claim with respect to this Agreement brought in the United States District Court for the Central District of California or the courts of the State of California located in Orange County.
You agree that each provision to this Agreement shall be construed independent of any other provision of this Agreement. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof. In the event any provision of this Agreement is deemed unenforceable, including, but not limited to, the liability disclaimers above, the unenforceable provision shall be replaced with an enforceable provision that most closely reflects the intent of the original provision.
No right or remedy conferred upon or reserved to Pazanti Home Mortgage under the terms of this Agreement is intended to be, nor shall it be deemed, exclusive of any other right or remedy provided herein or by law or equity, but each shall be cumulative of every other right or remedy.