By accessing this Website, you agree to be bound by
the terms and conditions appearing in this document. If there is anything
you do not understand please email any enquiry to
info@abodemtge.com>.
In these terms and conditions "We/us/our/Abode Mortgage Services" means The Abode Mortgage Services, Inc, "Website" means the website located at
www.abodemtge.com
(or any subsequent URL which may replace it) and all associated websites and
micro sites of Abode Mortgage and "You/your" means you as a user of
the Website.
You shall not use the Website for any illegal purposes, and you will use it in
compliance with all applicable laws and regulations. You agree not to use the
Website in a way that may cause the Website to be interrupted, damaged,
rendered less efficient or such that the effectiveness or functionality of the
Website is in any way impaired;
You agree not to attempt any unauthorised access to any part or component of
the Website; and You agree that in the event that you have any right, claim or
action against any Users arising out of that User's use of the Website, then
you will pursue such right, claim or action independently of and without
recourse to us.
YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL
CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES,
SUFFERED BY US AND ARISING OUT OF ANY BREACH OF THE CONDITIONS BY YOU OR ANY
OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE WEBSITE, OR THE USE BY ANY
OTHER PERSON ACCESSING THE WEBSITE USING YOUR PC OR INTERNET ACCESS ACCOUNT.
We reserve the right to modify or withdraw, temporarily or permanently, the
Website (or any part of) with or without notice to you and you confirm that we
shall not be liable to you or any third party for any modification to or
withdrawal of the Website.
We may alter these terms and conditions from time to time, and your use of the
Website (or any part of) following such change shall be deemed to be your
acceptance of such change. It is your responsibility to check regularly to
determine whether the Conditions have been changed. If you do not agree to any
change to the Conditions then you must immediately stop using the Website.
The Website is subject to constant change. You will not be eligible for any
compensation because you cannot use any part of the Website or because of a
failure, suspension or withdrawal of all or part of the Website.
We are not responsible for the availability of any external sites or resources,
and do not endorse and are not responsible or liable, directly or indirectly,
for the privacy practices or the content (including misrepresentative or
defamatory content) of any third party websites, including (without limitation)
any advertising, products or other materials or services on or available from
such websites or resources, nor for any damage, loss or offence caused or
alleged to be caused by, or in connection with, the use of or reliance on any
such content, goods or services available on such external sites or resources.
We have the right, but not the obligation, to monitor any activity and content
associated with the Website. We may investigate any reported violation of these
Conditions or complaints and take any action that we deem appropriate (which
may include, but is not limited to, issuing warnings, suspending, terminating
or attaching conditions to your access and/or removing any materials from the
Website).
You acknowledge and agree that all copyright, trademarks and all other
intellectual property rights in all material or content supplied as part of the
Website shall remain at all times vested in us or our licensors. You are
permitted to use this material only as expressly authorised by us.
You acknowledge and agree that the material and content contained within the
Website is made available for your personal non-commercial use only and that
you may download such material and content onto only one computer hard drive
for such purpose. Any other use of the material and content of the Website is
strictly prohibited. You agree not to (and agree not to assist or facilitate
any third party to) copy, reproduce, transmit, publish, display, distribute,
commercially exploit or create derivative works of such material and content.
The Website is Copyright, Abode Mortgage, Inc. All rights reserved.
WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY
OF ANY INFORMATION WE PLACE ON THE WEBSITE. THE WEBSITE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT. UNLESS
SPECIFIED IN SEPARATE TERMS AND CONDITIONS RELATED TO A PARTICULAR PRODUCT OR
SERVICE, WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN
RELATION TO THE WEBSITE, OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER
BY US OR ON OUR BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS) INCLUDING BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY,
CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF
DEALING OR USAGE OR TRADE.
UNLESS SPECIFIED IN SEPARATE TERMS AND CONDITIONS RELATED TO A PARTICULAR
PRODUCT OR SERVICE, WE MAKE NO WARRANTY THAT THE WEBSITE OR PRODUCTS OR
SERVICES OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE
SOFTWARE DOWNLOADS) WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE OR PRODUCTS OR SERVICES OFFERED
ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE SOFTWARE
DOWNLOADS) ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR
RELIABLE. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OF CONTENT
OR MATERIAL AS A RESULT OF UPLOADING TO OR DOWNLOADING FROM THE WEBSITE.
YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE AND THEREFORE SHALL NOT BE IN ANY WAY
RESPONSIBLE FOR THE SECURITY OR PRIVACY OF THE WEBSITE AND ANY INFORMATION
PROVIDED TO OR TAKEN FROM THE WEBSITE BY YOU.
WE WILL NOT BE LIABLE, IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE), PRE-CONTRACT OR OTHER REPRESENTATIONS (OTHER THAN FRAUDULENT
MISREPRESENTATIONS) OR OTHERWISE OUT OF OR IN CONNECTION WITH THE WEBSITE OR
PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF
(INCLUDING FREE SOFTWARE DOWNLOADS) FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT
LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED
SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF
DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES; IN ANY CASE WHETHER
OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF EITHER OF US AT THE DATE ON
WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED.
We will not be liable in contract, tort or otherwise if you incur loss or
damage connecting to the Website through a third party's hypertext link.
Notwithstanding any other provision in the Conditions, nothing shall limit your
rights as a consumer under U.S. law where or insofar as such rights cannot be
derogated from by contract.
Nothing in the Conditions shall exclude or limit our liability for death or
personal injury resulting from our negligence or that of our servants, agents
or employees.
If any part of the Conditions shall be deemed unlawful, void or for any reason
unenforceable, then that provision shall be deemed to be severable from these
Conditions and shall not effect the validity and enforceability of any of the
remaining provisions of the Conditions.
Nothing shall be construed as a waiver by us of any preceding or succeeding
breach of any provision.
These Conditions and documents referred to herein (as amended from time to
time) contain the entire agreement between you and us relating to the subject
matter covered and supersede any previous agreements, arrangements,
undertakings or proposals, written or oral, between you and us in relation to
such matters. No oral explanation or oral information given by either of us
shall alter the interpretation of these Conditions. You confirm that, in
agreeing to accept these Conditions, you have not relied on any representation
save insofar as the same has expressly been made a representation in these
Conditions and you agree that you shall have no remedy in respect of any
misrepresentation which has not become a term of these Conditions save that
your agreement contained in this Clause shall not apply in respect of any
fraudulent misrepresentation whether or not such has become a term of these
Conditions.
These Conditions will be exclusively governed by and construed in accordance
with the laws of the United States whose Courts will have exclusive
jurisdiction in any dispute, save that we have the right, at our sole
discretion, to commence and pursue proceedings in alternative jurisdictions.
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