Last Updated: June 18, 2013
We are not a foreclosure defense, reverse mortgage, health insurance or life insurance company. We only provide a matching service to help you connect with companies that may be able to meet your financial and insurance needs. We do not guarantee that completing an application will result in a match with a financial or insurance company, or that it will result in an offer with rates or terms acceptable to you. We do not control and we assume no liability for the actions or omissions of any third party provider. Nor do we assume any liability for any action or inaction taken based on the materials provided on or through the Site.
We provide you with lender and insurance matching services ("Services"). We grant you access to the Site to obtain information regarding such Services. You may not license, create derivative works from, frame in another Web page, use on any other Web site, or sell any information or other content obtained from the Site. You shall not access or attempt to access password protected, secure or non-public areas of the Web site without our prior written consent
All materials on this Site, including its organization and layout, are owned, copyrighted or licensed by us, or used with permission granted to us. No reproduction, distribution or transmission of the materials on the Site is permitted without our prior written consent, subject to your limited license to link to the Site as described under the "LINKING TO OUR SITE" section below.
We reserve the right to suspend and/or terminate your use of the Site at any time for any reason and without notice to you. Upon or following termination, we shall have no liability to you or any other further obligations under this Agreement.
You will not, directly or indirectly:
(a) reverse assemble, reverse engineer, decompile or otherwise attempt to derive source code or underlying ideas or algorithms from the Site or any software or any component thereof;
(b) Copy, reproduce, modify, translate or create derivative works of the Site, or any software or component thereof other than as expressly agreed to in this Agreement;
(c) Sell, resell, lease, sublicense, market, distribute, assign or otherwise transfer rights to or commercially exploit in any way the Site, or any software or any component thereof other than as expressly agreed to in this Agreement;
(d) Use, or permit the use of the Site or any component thereof to perform any business or other any function whatsoever for any other person, entity or business;
(e) Remove any proprietary, copyright, patent, trademark, design right, trade secret, or any other proprietary rights legends from our Materials (as defined below); and
(f) Use the Site (i) for any unlawful, unsafe, malicious or abusive purpose, (ii) for interfering with others' use of the Site, (iii) in such a way as to defraud us or any third party, or (iv) to create damage or risk to us or any third party’s business, network or facilities.
You may not use the Site if you are under the age of 18. By performing any actions on the Site, you represent that you are at least 18 years of age.
You are granted a limited, revocable, and nonexclusive license to link to our Site’s home page so long as (i) your linking Web site does not portray us, our affiliates, or our or their products or services in a false, misleading, derogatory, or otherwise offensive matter; and (ii) your linking Web site complies with all applicable laws and does not violate this Agreement or the rights of any third party. You may not use any of our logos or other proprietary graphic or trademark as part of the link without first obtaining our express written consent. We may revoke this license at any time, for any or no reason. In such case, you agree to immediately remove the link.
You acknowledge and agree that we shall retain and own all right, title and interest and all intellectual property rights (including copyrights, trade secrets, trademarks and patent rights) in and to our software and Site (collectively the "Materials") and all copies thereof, and that nothing herein transfers or conveys to you any ownership right, title or interest in or to our Materials or to any copy thereof or any license right with respect to same not expressly granted herein.
(a) YOU UNDERSTAND AND AGREE THAT WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH THE SITE. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.
(b) WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS AND WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE.
(c) ANY ADVERTISERS APPEARING ON THE SITE ARE NOT OUR AGENTS, PARTNERS OR EMPLOYEES AND WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY ENTITY OR SERVICE APPEARING ON OR AVAILABLE THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM;
(d) WE DO NOT REPRESENT OR WARRANT THAT: (i) THE SITE WILL MEET USERS’ REQUIREMENTS OR EXPECTATIONS; (ii) THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT INFORMATION OBTAINED WILL BE ACCURATE OR RELIABLE; OR (iii) THAT ALL DEFICIENCIES IN THE SERVICE CAN BE FOUND OR CORRECTED. FURTHER, THE SITE MAY BE INTERRUPTED OR UNAVAILABLE FOR THE PURPOSES OF PERFORMING MAINTENANCE OR UPGRADES. WE WILL NOT BE RESPONSIBLE FOR: (a) SERVICE IMPAIRMENTS CAUSED BY ACTS WITHIN THE CONTROL OF USER OR ANY USER; (b) INTEROPERABILITY OF SPECIFIC USER APPLICATIONS OR EQUIPMENT; (c) INABILITY OF USER TO ACCESS OR INTERACT WITH ANY OTHER SERVICE PROVIDER THROUGH THE INTERNET, OTHER NETWORKS OR USERS THAT COMPRISE THE INTERNET OR THE INFORMATIONAL OR COMPUTING RESOURCES AVAILABLE THROUGH THE INTERNET; (d) INTERACTION WITH OTHER SERVICE PROVIDERS, NETWORKS, USERS OR INFORMATIONAL OR COMPUTING RESOURCES THROUGH THE INTERNET; (e) SERVICE PROVIDED BY OTHER SERVICE PROVIDERS; OR (f) PERFORMANCE IMPAIRMENTS CAUSED ELSEWHERE ON THE INTERNET.
(e) WE DO NOT WARRANT THAT THE SERVICE OR ITS OPERATION WILL BE ACCURATE, RELIABLE, UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL AGENTS. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL WE OR ANYONE ELSE INVOLVED IN ADMINISTERING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, INCLUDING DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, SERVICE INTERRUPTIONS, SERVER DOWNTIME, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR FAILURE OF PERFORMANCE, OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(a) IN NO EVENT WILL WE BE LIABLE FOR DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE, LOST BUSINESS REVENUE, LOSS OF PROFITS, LOSS OF DATA, DAMAGES FOR DELAY, PUNITIVE OR EXEMPLARY DAMAGES, FAILURE TO REALIZE EXPECTED PROFITS OR SAVINGS OR ANY CLAIM AGAINST USER BY ANY OTHER PERSON, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES.
(b) WE SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF ANY DATA, EQUIPMENT OR SERVICES, INCLUDING THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD.
(c) WE SHALL BE LIABLE TO USER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE TO USER. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND, OR ACTION BY USER, INCLUDING BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OR THE EXCLUSION OF AN IMPLIED WARRANTY, OR MAY PROVIDE ADDITIONAL RIGHTS THAT MAY NOT BE WAIVED PURSUANT TO THIS DOCUMENT.
(d) YOU HEREBY ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR ANY INTERCEPTED INFORMATION SENT VIA THE INTERNET, AND YOU HEREBY RELEASE US FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE USE OF INTERCEPTED INFORMATION IN ANY UNAUTHORIZED MANNER.
User agrees to indemnify and hold us, our affiliates, employees, officers, directors and shareholders (each an "Indemnitee") harmless from and against any claims, suits, actions or proceedings ("Claims") brought and damages, costs (including attorneys' fees) and/or judgments awarded against us that arise from or in connection with: (I) Claims by any person or entity to the extent that such Claims are based upon or arise out of user's use of the Site or user's actions; (II) breach by user of this Agreement; or (III) user's failure to comply with all applicable laws. We shall give user written notice of such Claims, permit user to defend (with counsel reasonably acceptable to us) and/or settle such Claims (upon terms reasonably acceptable to us), and, subject to our sole discretion, give user information and assistance reasonably requested by user in connection with such Claims.
We provide our Site to you on an "AS IS" and "WITH ALL FAULTS" basis.
The provisions of this Agreement that by their nature are intended to survive the expiration or earlier termination, including those provisions relating to ownership, indemnification/defense, warranty disclaimer, and limits of liability shall survive the expiration or earlier termination of this Agreement.
(a) Notice. We may give notice by means of a general notice through the Site. You may give notice to us at any time by any of the following: electronic mail with confirmed receipt to firstname.lastname@example.org; letter sent by confirmed facsimile to us at the following fax number: 951-977-4563, Attention: User Service; letter delivered by nationally recognized overnight delivery service to us at the address appearing at the bottom of this document, Attention: User Service.
(b) Force Majeure. If the performance of this Agreement, or any obligation hereunder is prevented, restricted, or interfered with by reason of fire, flood, earthquake, explosion or other casualty or accident or act of God, strikes or labor disputes, inability to procure or obtain delivery of parts, supplies, power, telecommunication services, equipment or software from suppliers, war or other violence, any law, order, proclamation, regulation, ordinance, demand or requirement of any governmental authority, or any other act or condition whatsoever beyond the reasonable control of the affected party, the party so affected shall be excused from such performance to the extent of such prevention, restriction or interference; provided, however, that the party so affected shall take reasonable steps to avoid or remove such cause of non-performance and shall promptly resume performance hereunder whenever such causes are removed.
(c) Severability. To the extent that any provision or portion of this Agreement is deemed to be invalid, illegal or unenforceable, such provision or portion shall be severed and deleted or limited so as to give effect to the intent of the parties insofar as possible and the remainder of this Agreement, as the case may be, shall remain binding upon the parties.
(d) Assignment. User may not, without our prior written consent (which may be given or withheld in our sole discretion), assign or transfer this Agreement or any of its rights or obligations under this Agreement to any third person. We may assign this Agreement to any person or entity without your consent. We may delegate to our affiliates, agents, suppliers and contractors any of the obligations herein imposed upon us and we may disclose to any such persons any information required by them to perform the duties so delegated to them.
(e) Waiver. A failure or delay by us to enforce any right under this Agreement shall not at any time constitute a waiver of such right or any other right, and shall not modify the rights or obligations of either party under this Agreement.
(f) Governing Law; Forum; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California without reference to conflict or choice of law rules or principles. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of California located in Riverside County or in the United States District Court for the Southern District of California for the purposes of any suit, action or other proceeding arising out of this Agreement or the subject matter hereof brought by any party hereto; and hereby waive and agree not to assert as a defense or otherwise, in any such suit action or proceeding, any claim that it is not subject personally to the jurisdiction of the above-named courts, that the suit, action or proceeding is brought in an inconvenient forum, or that the venue of the suit, action or proceeding is improper.
(g) Waiver of Jury Trial and Class Suit. You also acknowledge and understand that, with respect to any dispute with us, our officers, directors, employees, partners, limited partners, agents or affiliates, relating to or arising from your use of the Site or this Agreement that YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY AND YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING SUCH DISPUTE.
(h) Miscellaneous. All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
(i) Construction. The titles of the sections of this Agreement are for convenience of reference only and are not to be considered in construing any meanings contained in this Agreement. Unless the context of this Agreement clearly requires otherwise: (I) references to the plural include the singular, the singular the plural, and the part the whole, (II) references to one gender include all genders, (III) "or" has the inclusive meaning frequently identified with the phrase "and/or", (IV) "including" has the inclusive meaning frequently identified with the phrase "including but not limited to" or "including without limitation", and (V) references to "hereunder", "herein" or "hereof" relate to this Agreement as a whole. Any reference in this Agreement to any statute, rule, regulation or agreement, including this Agreement, shall be deemed to include such statute, rule, regulation or agreement as it may be modified, varied, amended or supplemented from time to time. The parties agree that this Agreement shall be fairly interpreted in accordance with its terms without any strict construction in favor of or against either party, and that ambiguities shall not be interpreted against the drafting party.
(j) Attorneys' Fees. If any legal action between you and us is necessary in order to enforce any of the terms of this Agreement, the prevailing party in any such action shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party.
(k) Entire Agreement. This Agreement sets forth the entire agreement of the parties, and supersedes prior agreements and all prior discussions between the parties, relating to the subject matter contained herein. Neither party shall be bound by any definition, condition, provision, representation, warranty, covenant or promise other than as expressly stated in this Agreement or as contemporaneously or subsequently set forth in writing and signed by a duly authorized officer or representative of the party to be bound thereby.
For more information, or if you have any questions or concerns regarding this Agreement, please email us at email@example.com or you can write to us at the following address:
OpenJar Concepts, Inc.
27710 Jefferson Avenue, Suite 302
Temecula, California 92590