If you do not agree to the Terms of Use, please discontinue using this
product and this
site immediately!
All
sales are final. Personal use only. Individual results may vary.
Not for
re-sale anywhere. All contents of the Sink or Swim Loan Closing System ®
as
well as the layout of the actual forms are copyrighted © 2005 by InterMortgage
Training. All
rights reserved. All text and graphics are protected by US and
International Copyright and may not be copied, reprinted, published,
translated, hosted, or otherwise distributed by any means without
explicit permission. Offenders will be prosecuted to the fullest
extent of the law. Don't even think about stealing my work!
By using this site, you signify your
Assent and Agreement to these Terms of Use. If you do not agree to
these Terms of Use, please do not use the site.
Please check this Agreement
periodically for changes as we reserve the right to revise this
Agreement and your continued use of this site following the posting of
any changes to the Agreement constitutes acceptance of such changes.
We also reserve the right to terminate a User's use of this site at
any time without notice and may do so for any breach of this Agreement
or the instructions on this site by User. This Agreement applies to
licensors and advertisers as well.
Restrictions on Use of
Materials
Except as may be explicitly permitted
through this site, you agree not to save, download, cut and paste,
sell, license, rent, lease, modify, distribute, copy, reproduce,
transmit, publicly display, publicly perform, publish, adapt, edit, or
create derivative works from materials, code or content on or from
this site. Systematic retrieval of data or other content from this
site to create or compile, directly or indirectly, a collection,
compilation, database or directory without written permission from us
is prohibited. In addition, use of the content or materials for any
purpose not expressly permitted in this Agreement is prohibited.
Database Ownership, License,
and Use
Except with regard to personal
information, all information which you post on this site or
communicate to us through this site (collectively
"Submissions") shall forever be our property. We shall not
treat any submission as confidential and shall not incur any liability
as a result of any similarities that may appear in future Company
services or products. Without limitation, we shall have exclusive
ownership of all present and future existing rights to any Submission
of every kind and nature everywhere. You acknowledge that you are
fully responsible for the message, including its legality,
reliability, appropriateness, originality and copyright. You hereby
represent and warrant that your Submission does not infringe the
rights of any third party.
Trademarks
Our licensors' or other third party
materials, services or products referenced on this site are common law
or registered trade marks or service marks of such parties.
Third Party Sites
You may be transferred to online
merchants or other third party sites through links or frames from this
site. You are cautioned to read such sites' Terms and Conditions
and/or Privacy Policies before using such sites in order to be aware
of the terms and conditions of your use of such sites. These sites may
contain information or material that is illegal, unreasonable or that
some people may find inappropriate or offensive. These other sites are
not under the control of our website, are not monitored or reviewed by
us, and we are not aware of the contents of such sites. You
acknowledge that we are not responsible for the accuracy, copyright
compliance, legality, decency, or any other aspect of the contents or
any transmissions received through such sites. The inclusion of such a
link or frame does not imply endorsement of this site by this website,
its advertisers or licensors, any association with its operators and
is provided solely for your convenience. You agree that we and our
licensors have no liability whatsoever from such third party sites and
your usage of them.
Disclaimer of Warranties
This website, its advertisers and
licensors make no representations or warranties about this site, the
suitability of the information contained on or received through use of
this site, or any services or products received through this site. All
information and use of this site are provided "as is"
without warranty of any kind. This website, advertisers and/or its
licensors hereby disclaim all warranties with regard to this site, the
information contained on or received through use of this site and any
services or products received through this site, including all
express, statutory, and implied warranties of merchantability, fitness
for a particular purpose, title and non-infringement. This website,
advertisers and/or its licensors do not warrant that the contents or
any information receive through this site are accurate, reliable or
correct; that this site will be available at any particular time or
location; that any defects or errors will be corrected; or that the
contents or any information received through this site is free of
viruses or other harmful components. Your use of this site is solely
at your risk. User agrees that it has relied on no warranties,
representations or statements other than in this agreement. Because
some jurisdictions do not permit the exclusion of certain warranties,
these exclusions may not apply to you but shall apply to the maximum
extent permitted by law of your jurisdiction.
Limitation of Liability
Under no circumstances shall we, our
advertisers and/or its licensors be liable for any direct, indirect,
punitive, incidental, special, or consequential damages that result
from, or arise out of the use of, or inability to use, this site, the
information contained on or received through use of this site, or any
services or products received through this site. This limitation
applies whether the alleged liability is based on contract, tort,
negligence, strict liability, or any other basis, even if we, our
advertisers and/or its licensors have been advised of the possibility
of such damage. Because some jurisdictions do not allow the exclusion
or limitation of incidental or consequential damages, we, our
advertisers and/or its respective licensors' liability in such
jurisdictions shall be limited to the maximum extent permitted by law
of your jurisdiction.
Indemnification
You agree to defend, indemnify, and
hold harmless us, our advertisers, licensors, subsidiaries and other
affiliated companies, and their employees, contractors, officers,
agents and directors from all liabilities, claims, and expenses,
including attorney's fees, that arise from your use of this site, or
any services, information or products from this site, or any violation
of this Agreement. We reserve the right; at our own expense, to assume
the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you shall cooperate with us in
asserting any available defenses.
Legal Compliance
We may suspend or terminate this
Agreement or User's use immediately upon receipt of any notice which
alleges that User has used this site for any purpose that violates any
local, state, federal or law of other nations, including but not
limited to the posting of information that may violate third party
rights, that may defame a third party, that may be obscene or
pornographic, that may harass or assault others, that may violate
hacking or other criminal regulations, etc. Of its agents, officers,
directors, contractors or employees. In such event, we may disclose
the User's identity and contact information, if requested by a
government or law enforcement body or as a result of a subpoena or
other legal action, and we shall not be liable for damages or results
thereof and User agrees not to bring any action or claim against us
for such disclosure.
Choice of Law and Forum
This site (excluding third party linked
sites) is controlled by
InterMortgage
Training from its offices
within the State of Massachusetts, U.S. of America. It can be access
from all 50 states as well as from other countries around the world to
the extent permitted by site. As each of these places has laws that
may differ from Massachusetts, by accessing this site, both you and we
agree that the statues and laws of Massachusetts shall apply to any
actions or claims arising out of or in relation to this Agreement or
your use of this site, without regard to conflicts of laws principles
thereof. You and we also agree and hereby submit to the filing of any
claim only in the exclusive personal jurisdiction and venue of
Massachusetts and any legal proceedings shall be conducted in English.
We make no representation that materials on this site are appropriate
or available for use in other locations, and accessing them from
territories where their contents are illegal is prohibited. This
Agreement shall not be governed by the United Nations Convention on
Contracts for the Sale of Goods.
Miscellaneous
These Terms of Use will apply to every
access to this website and use of the Sink or Swim Loan Closing System ®. We reserve the right to issue revisions to these Terms of
Use by publishing a revised version of this document on this site:
that version will then apply to all use by you following the date of
publication. Each access of information from this website or use of
the Sink or Swim Loan Closing System ® will be a separate,
discrete transaction based on the then prevailing terms. These Terms
of Use shall be governed by, construed and enforced in accordance with
the laws of Massachusetts, as it is applied to agreements entered into and to
be performed entirely within such jurisdiction.
To the extent you have in any manner
violated or threatened to violate our and/or our affiliates'
intellectual property rights, we and/or our affiliates may seek
injunctive or other appropriate relief in any state or federal court
in the State of Massachusetts, and you consent to exclusive
jurisdiction and venue in such courts.
Any other disputes will be resolved as
follows:
If a dispute arises under this
agreement, we agree to first try to resolve it with the help of a
mutually agreed-upon mediator in the following location: Worcester County, State of
Massachusetts. Any costs and fees other than attorney fees
associated with the mediation will be shared equally by each of us. If
it proves impossible to arrive at a mutually satisfactory solution
through mediation, we agree to submit the dispute to binding
arbitration at the following location: Worcester County, State of
Massachusetts, under the rules of the American Arbitration
Association. Judgment upon the award rendered by the arbitration may
be entered in any court with jurisdiction to do so.
If any provision of this agreement is void or unenforceable in whole
or in part, the remaining provisions of this Agreement shall not be
affected thereby.
If you have any other questions, please contact us.
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