Free Content Agreement

FREE CONTENT AGREEMENT

1. Agreement Regarding Links. No modification of content. No removal of links.

(a) You agree to fully cooperate with Allie Mae in establishing all links. HTML code must be copied and pasted exactly as it appears within the Free Content Program. The code must not be modified in any way, and all links must remain intact.

(b) You shall not place a Link in newsgroups, unsolicited e-mail, banner networks, counters, chat rooms or guest books.

(c) You shall not use or display the Link or the Allie Mae Content in a manner that is defamatory, misleading, libelous, obscene or otherwise potentially damaging to the reputation of Allie Mae., or the goodwill associated with Allie Mae.

2. Copyrighted Material. You are solely responsible for ensuring that the content of your Web site obeys all applicable copyright and other laws. Allie Mae is not responsible for your improper use of another party's copyrighted or proprietary material, or your infringement on another party’s Intellectual Property Rights.

3. Trademarks. All trademarks, trade names and service marks of Allie Mae (collectively, the "Marks"), including those related to the Allie Mae Site and AllieMae.org. Content, are the exclusive property of Allie Mae. Notwithstanding anything contained in this Agreement, Allie Mae reserves full ownership of the Marks. All use of the Marks by you is limited solely to the use contemplated by this Agreement.

4. Licenses and Use of the Marks.

(a) Allie Mae grants you a non-exclusive, nontransferable, revocable license to:

(i) access the Allie Mae Site through the Links solely in accordance with the terms of this Agreement; and

(ii) solely in connection with such Links, to use Allie Mae's Marks, solely for the use contemplated by this Agreement.

(b) You may not alter, modify, or change the Marks in any way. You are only entitled to use the Marks to the extent that you remain a member in good standing of the Free Content Program. You agree not to use the Marks or any portion of the Marks in any manner that is disparaging or that otherwise portrays Allie Mae. or the AllieMae.org Site or AllieMae.org Content in a negative manner. Allie Mae. may revoke your registration at any time without notice or reason.

5. Termination. Allie Mae. also reserves the right to at any time terminate this Agreement and the related content in its sole discretion and without notice.

6. Changing Content. Allie Mae reserves the right to change, alter or delete any portion or all of the AllieMae.org content at any time in its sole discretion and without prior notice or approval.

7. Indemnification. You hereby agree to indemnify, defend, and hold harmless Allie Mae, its shareholders, officers, directors, employees, agents, representatives, affiliates, successors and assigns from and against any and all claims, demands, losses, liabilities, damages or expenses (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by Allie Mae, in so far as such losses (or actions in respect thereof) arise out of, are related to, or are based on (a) the terms and conditions of this Agreement, (b) the breach of any representation, warranty, or covenant made by you in this Agreement, or (c) any claim related to your Site.

8. Confidentiality. Except as otherwise provided in this Agreement, or with the prior written consent of the other party, each of the parties to this Agreement agrees that all information including, without limitation, the terms of this Agreement, business and financial information, technology and password information, and other confidential information concerning you or Allie Mae. shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by such other party for its own business for any other purpose, except, and solely to the extent necessary to exercise rights and perform obligations under this Agreement. The foregoing restrictions will not apply to information to the extent it; (a) was known to the receiving party at the time of disclosure, (b) has become publicly known through no wrongful act of the receiving party, (c) has been rightfully received from a third party under no obligation to the disclosing party, or (d) has been disclosed by court order or as otherwise required by law if the receiving party has given the disclosing party a reasonable opportunity to contest or limit the scope of such required disclosure.

9. Modification. Allie Mae reserves the right to change any and all of the terms and conditions in this Agreement, at any time, in its sole discretion. Allie Mae representatives will notify all Free Content Program Participants no less than two (2) weeks prior to implementing any significant changes to the program.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT AND IMMEDIATELY DISCONTINUE YOUR USE OF THE CONTENT. YOUR CONTINUED PARTICIPATION IN THE FREE CONTENT PROGRAM AND/OR USE OF THE LINKS WITHIN 10 DAYS OF ALLIE MAE'S POSTING OF A NEW AGREEMENT ON THE FREE CONTENT WEB PAGE WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION.

10. Construction. YOU AGREE THAT, IN INTERPRETING THIS AGREEMENT, NO WEIGHT SHALL BE PLACED UPON THE FACT THAT THIS AGREEMENT HAS BEEN DRAFTED BY ALLIE MAE, AND YOU SHALL NOT ASSERT THAT THIS AGREEMENT IS UNENFORCEABLE OR INVALID ON THE GROUNDS THAT IT IS A CONTRACT OF ADHESION, THAT IT IS UNCONSCIONABLE, OR ANY SIMILAR THEORY.

11. Possible Competition. YOU UNDERSTAND THAT ALLIE MAE. MAY, AT ANY TIME (DIRECTLY OR INDIRECTLY) OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR SITE.

12. Limitations on Liability.

(a) IN NO EVENT SHALL ALLIE MAE. BE LIABLE FOR ANY ACT OR OMISSION, OR ANY EVENT DIRECTLY OR INDIRECTLY RESULTING FROM ANY ACT OR OMISSION OF A THIRD PARTY.

(b) IN NO EVENT SHALL ALLIE MAE BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM THIS AGREEMENT, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR SERVICES, ARISING IN CONNECTION WITH THE OPERATION OR PERFORMANCE OF THIS AGREEMENT OR THE OPERATION OF THE LINKS OR ALLIEMAE.ORG SITE, REGARDLESS OF WHETHER ALLIE MAE. WAS INFORMED OR HAD DIRECT OR IMPUTED KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS IN ADVANCE.

13. Disclaimer. THE Alliemae.org SITE AND RELATED Alliemae.org CONTENT ARE PROVIDED “AS IS” WITH NO WARRANTY, AND ALLIE MAE. EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE Alliemae.org SITE AND/OR Alliemae.org CONTENT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

14. Authority. By entering into this Agreement you are acting on behalf of yourself or your company, you personally represent to Allie Mae that you have all requisite power and authority to enter into this Agreement, that this Agreement has been duly authorized by you or your company, and that this Agreement will constitute the legal, valid and binding obligation of you or your company. If you are entering into this Agreement and acting on behalf of yourself, you represent to Allie Mae that you are an individual, 18 years of age or older, and a legal resident of the United States.

15. Publicity. You shall not create, publish, distribute, or permit any written material that makes reference to Allie Mae the AllieMae.org Site, or the AllieMae.org Content without first submitting such material to Allie Mae and receiving written consent and approval from Allie Mae.

16. Relationship of Parties. You and Allie Mae are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship, or the relationship of principal and agent between us. You have no authority to make or accept any offers or representations on Allie Mae’s behalf. You will not make any statement, whether on your Site or otherwise, that reasonably would contradict anything in this Section 16. You as an independent contractor, will have sole responsibility for your expenses, employees, sales representatives and agents.

17. Miscellaneous. This Agreement shall be governed by the laws of the United States and the State of California without reference to any conflicts of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Orange, California, and you irrevocably consent to the jurisdiction of such courts.

18. Assignability. Allie Mae may assign this Agreement at any time without prior notice or approval. You shall not assign this Agreement, by operation of law or otherwise, without the prior written consent of Allie Mae. Subject to the foregoing restriction on you, this Agreement is binding upon, inures to the benefit of, and is enforceable by the parties and their respective successors and permitted assigns.

19. Entire Agreement. This Agreement contains the entire agreement between you and Allie Mae with respect to the subject matter contained in this Agreement, and supersedes all prior and/or contemporaneous agreements or understandings, written or oral, between you and Allie Mae with respect to the subject matter of this Agreement.

 

    Fannie Mae
    Freddie Mac
   
Ginnie Mae
   
VA
   
FTC
   
FDIC
   
FRB
   
HUD
   
Complaints

 

Discussion Forum

Recent Posts -

Ads

Mortgage
Homeowners - get fast, easy & free online mortgage answers.
www.jc-capital.net


Lower Payments

Search MortgageSector for Low Rate Loans! Get Info & Apply online here.
www.mortgagesector.com


Save Online

Compare offers on interest on adjustable mortgages. Get Started now!
www.rateadvisors.net


By visiting Allie Mae you have taken your first step toward becoming an educated borrower. Allie Mae is an objective, independent source of information for the mortgage consumer. Whether you are buying a home, refinancing, taking a home equity loan, building a home or in need of a mortgage for any purpose, Allie Mae is here to help. Allie Mae has helped thousands of people with their mortgage needs. We have a complete selection of articles, charts, calculators, and checklists designed to help you through the mortgage and home buying process.

© 2004 Copyright AllieMae. All Rights Reserved.
Privacy Policy   Legal  Terms & Conditions   Webmaster   Site Map    Application
About   Contact Us   Forum   Dictionary   Calculators   Articles   Free Content