Terms & Conditions

By visiting, using and/or submitting information to www.alliemae.org, you are accepting this Agreement of Terms of Use (this "Agreement") and our Privacy Policy.

By visiting, using and/or submitting information to www.alliemae.org, you represent that you have the capacity to be bound by this Agreement, or if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity.

Your Access and Use of www.alliemae.org
You are only entitled to access and use www.alliemae.org for lawful purposes and pursuant to the terms and conditions of this Agreement and our Privacy Policy. Your access and use of www.alliemae.org may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of www.alliemae.org or other actions that Allie Mae, in its sole discretion, may elect to take. Allie Mae reserves the right to suspend or discontinue the availability of www.alliemae.org and/or any portion or feature of www.alliemae.org at any time in its sole discretion and without prior notice.

Any action by you that, in Allie Mae's sole discretion: (i) violates the terms and conditions of this Agreement and/or our Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of www.alliemae.org; or (iii) through the use of www.alliemae.org, defames, abuses, harasses, offends or threatens, shall not be permitted, and may result in your loss of the right to access and use www.alliemae.org. You shall not metatag, provide links to or frame www.alliemae.org without the prior express written permission of Allie Mae.

Transmissions, Submissions and Postings to www.alliemae.org
may provide chat rooms, bulletin boards and other forums for the public to contribute information and make statements. Allie Mae does not approve or endorse any such information or statements, however, Allie Mae reserves the right to edit and/or remove such information and statements. You should be cautious and not rely solely on information or statements published in those forums. Users must abide by the following rules for public forums:

No personal attacks.
Do not share personal information.
No explicit or vulgar posts.
No commercial advertisements or solicitations.
No posting of copyrighted information without written permission.

Failure to comply with these rules may result in loss of the right to access and use www.alliemae.org. Immediately report problems with forums to Allie Mae at webmaster@alliemae.org.

You shall not transmit, submit or post information to www.alliemae.org that contains any viruses, worms, Trojan horses, trap doors, back doors, Easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

Allie Mae's Intellectual Property Rights
Many features of www.alliemae.org, including, without limitation, "Allie Mae", "alliemae.org", "alliemae.org and design", are registered marks of Allie Mae, and may not be used by you without the prior express written permission of Allie Mae, which permission may be withheld in Allie Mae's sole discretion. Allie Mae makes no proprietary claim to any third-party names, trademarks or service marks appearing on www.alliemae.org. Any third-party names, trademarks, and service marks are property of their respective owners.

The information, advice, data, software and content viewable on, contained in, or downloadable from, www.alliemae.org (collectively, the "Content"), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, renditions and floor plans, are copyrighted by Allie Mae. Allie Mae also owns a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content. Viewing, reading, printing, downloading or otherwise using the Content does not entitle you to any ownership or intellectual property rights to the Content.

You shall be solely responsible for any damage resulting from your infringement of Allie Mae's or any third party's intellectual property rights regarding marks and/or the Content and/or any other harm incurred by Allie Mae or its affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.

Your Use of the Content
Without the prior written consent of Allie Mae, you may only print, download or otherwise use the Content in the form of: (i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, for your non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content. You may not modify the Content or utilize it for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble the Content, or transfer the Content to another person or entity.

Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content as permitted by this Agreement, is permitted by you without the express prior written permission of Allie Mae, which permission may be withheld in Allie Mae's sole discretion.

Allie Mae Makes No Representations or Warranties Regarding the Content
The Content is provided to you on an "as-is" basis. The Content is intended only to assist you with financial decisions and is broad in scope and does not consider your personal financial situation. Your personal financial situation is unique and the information and advice may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, Allie Mae recommends that you obtain additional information and advice of your accountant and other financial advisors who are fully aware of your individual circumstances. Allie Mae does not make any representations, warranties or guarantees, express or implied, regarding the accuracy, correctness, or completeness of the Content, nor the safety, reliability, title, timeliness, completeness, merchantability, conformity or fitness for a particular purpose of the Content. It is your sole responsibility to independently evaluate the accuracy, correctness or completeness of the Content.

Allie Mae makes no representation, warranty or guarantee that the Content that may be available for downloading from www.alliemae.org is free of infection from any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

Limitations on Allie Mae's Liability
Allie Mae shall in no event be responsible to, or liable to, you, or any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any damages, including, but not limited to, special, incidental, indirect or consequential damages that include, but are not limited to, damages for any loss of profit, revenue or business, as a direct or indirect result of: (i) your breach or violation of the terms and conditions of this Agreement; (ii) your access and use of www.alliemae.org; (iii) your inability to access or use www.alliemae.org for any reason; (iv) your downloading of any of the Content for your use; or (v) your reliance upon or use of the Content, even if Allie Mae has been advised of the possibility of such damages.

Your Indemnification of Allie Mae
You shall defend, indemnify and hold harmless Allie Mae and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys' fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested pursuant to registration; (iii) your access or use of www.alliemae.org; and/or (iv) access or use of www.alliemae.org under any password that may be issued to you.

Amendments of this Agreement
Allie Mae reserves the right to update, amend and/or change this Agreement at any time in its sole discretion and without notice. Updates to this Agreement will be posted here. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. Our last update was January 6, 2003. Your continued access and use of www.alliemae.org following the posting of any such changes shall automatically be deemed your acceptance of the same.

Allie Mae's Equitable Remedies
You acknowledge that Allie Mae may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, Allie Mae shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.

For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of Orange County, California, or the United States District Court, Southern District of California. You consent to the jurisdiction of such court and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.

Governing Law; Arbitration
This Agreement is to be governed by and construed in accordance with the internal laws of the State of California, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you as provided above, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Palm Orange County, California. The arbitrator shall be selected by you and Allie Mae, and if you and Allie Mae are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the arbitrator shall be selected by the American Arbitration Association. Arbitration shall not commence until the party requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator for the arbitrator's fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator's fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.

Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and Allie Mae and your and Allie Mae's respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or Allie Mae be entitled to punitive damages and both you and Allie Mae hereby waive your and Allie Mae's respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.

Miscellaneous
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.

All covenants, agreements, representations and warranties made in this Agreement, as may be amended by Allie Mae from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.

This Agreement and our Privacy Policy represent the entire understanding and agreement between you and Allie Mae regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.

If you have questions, comments, concerns o feedback regarding this Agreement or www.alliemae.org, please feel free to contact us.

 

 

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