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.
