Please read this agreement ("Agreement") carefully before accessing or using this web site ("Site"). By accessing or using the Site, you agree to be bound by this Agreement. The Modification Center, Inc., and its suppliers provide the information and services on this Site to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of this site constitutes your agreement to all such terms, conditions and notices.
The information and services offered on this Site are provided with the understanding that neither The Modification Center, Inc., nor its suppliers or users are engaged in rendering legal or other professional services or advice. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout the Site.
The Modification Center, Inc., and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on this Site. While The Modification Center, Inc., and its suppliers, strive to keep the information on this Site accurate, complete and up-to-date, The Modification Center, Inc., and its suppliers cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.
PERSONAL AND NONCOMMERCIAL USE LIMITATION: PROHIBITED USES
You may access, download and print materials on this Site for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other web site, transfer or sell any information, software, lists of users, databases or other lists, products or services obtained from this Site. The foregoing prohibition expressly includes, but is not limited to, the practices of "screen scraping" or "database scraping" to obtain lists of users or other information. If and when requested by The Modification Center, Inc., you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of The Modification Center, Inc., you agree to refrain from accessing or attempting to access password protected, secure or non-public areas of this Site. Unauthorized individuals attempting to access prohibited areas of this Site may be subject to prosecution.
PROPRIETARY RIGHTS
All materials on this Site (as well as the organization and layout of the Site) are owned and copyrighted or licensed by The Modification Center, Inc., its affiliates or its suppliers. © 2008 The Modification Center, Inc. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials at this Site is permitted without the written permission of The Modification Center, Inc.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Site, you warrant to The Modification Center, Inc., that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. If you violate any of these terms, your permission to use the Site automatically terminates.
LIABILITY DISCLAIMER
You use this Site at your own risk. If your use of this Site or the materials therein results in the need for servicing or replacing property, material, equipment or data, neither The Modification Center, Inc., nor its affiliates are responsible for those costs. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE MODIFICATION CENTER, INC., ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME. ALL INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL THE MODIFICATION CENTER, INC., ITS AFFILIATES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE MODIFICATION CENTER, INC., ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless The Modification Center, Inc., its affiliates and suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees) related to your violation of this Agreement.
LINKS TO THIRD PARTY SITES
This Site may contain hyperlinks to web sites operated by parties other than The Modification Center, Inc., or its affiliates. Inclusion of hyperlinks by The Modification Center, Inc., to web sites does not imply any endorsement of the material on such web sites or any association with their operators, and you access and use such sites, including information, material, products and services therein, solely at your own risk. Furthermore, because the privacy policy you just read is applicable only when you are on our Site, once linked to another web site, you should read that site's privacy policy before disclosing any personal information.
CHANGES TO SITE
The Modification Center, Inc., its affiliates and/or its suppliers may make improvements or changes in the information, services, products, and other materials on this Site, or terminate this Site, at any time without notice. The Modification Center, Inc., may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified Agreement.
The Modification Center, Inc., logos, product and service names are trademarks owned by or licensed to The Modification Center, Inc., or its affiliates (the "Marks"). Without the prior written permission of The Modification Center, Inc., or its appropriate affiliates, you agree not to display or use in any manner, the Marks. All other trademarks are the property of their respective owners.
This website is applicable to and should only be used by persons 18 years of age or older. Access and use of this website by persons under the age of 18 is prohibited.
TESTIMONIALS
You acknowledge and agree that all testimonials submitted to The Modification Center, Inc. will become and remain our exclusive property, even if the provisions of these Terms of Use are later modified or terminated. This means that you irrevocably grant to The Modification Center, Inc. the unrestricted right (now and in the future, without notice, compensation or other obligation to you or any other person) to use your statement, image, likeness, as they may be used, in any medium, in connection with an advertisement or for any other publicity purpose. You further agree that The Modification Center, Inc. may use any percentage of your testimonial, image, likeness and/or works, in any way that it sees fit, and may exclude your name or use a fictions name herewith.
LOCATION
You understand and acknowledge that The Modification Center, Inc. controls and operates this website from within the United States of America. This website provides information regarding services and products that are made available in the United States only. We make no representation that the services or products about which information may be provided on this website will be available (a) anywhere outside of the United States or (b) in every state within the United States. You acknowledge and agree that you are responsible for compliance with all federal, state and local laws applicable to your access to and use of this website.
Time Sensitive Instructions: When communicating with us through this website, chat or via e-mail, do not use the website, chat or e-mail to communicate any time-sensitive instructions that are in any way related to or affect your loan. All transactions conducted on this website, chat or via e-mail, must be confirmed in writing by us to be accepted by and binding upon us.
MISCELLANEOUS
This Agreement and the resolution of any dispute related to this Agreement or this Site shall be governed by and construed in accordance with the laws of California, without giving effect to any principles of conflicts of law. Failure by The Modification Center, Inc., or its affiliates to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any legal action or proceeding between The Modification Center, Inc., and/or its affiliates and you related to this Agreement shall be brought exclusively in federal district court.
GOVERNING LAW
You agree that these Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Use or the use of this website shall be filed only in the state or federal courts located in or near Orange County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
SEVERABILITY
You agree that if any provision of these Terms of Use shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of such other provisions.
