Terms of Use
Welcome to our web site. By using our site, you are agreeing to comply with and
be bound by the following terms of use. Please review the following terms
carefully. If you do not agree to these terms, you should not use this site. The
term “Westside Rates, Westside Real Estate Group, Mortgage Warranty” or “us” or
“we” or “our” refers to Westside Real Estate Group, Inc., the owner of the Web
site. The term “you” refers to the user or viewer of our Web Site.
Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms of Use Agreement
("Agreement") with respect to our site (the "Site"). This Agreement constitutes
the entire and only agreement between us and you, and supersedes all prior or
contemporaneous agreements, representations, warranties and understandings with
respect to the Site, the content, products or services provided by or through
the Site, and the subject matter of this Agreement. This Agreement may be
amended at any time by us from time to time without specific notice to you. The
latest Agreement will be posted on the Site, and you should review this
Agreement prior to using the Site.
Copyright
The content, organization, graphics, design, compilation, magnetic translation,
digital conversion and other matters related to the Site are protected under
applicable copyrights, trademarks and other proprietary (including but not
limited to intellectual property) rights. The copying, redistribution, use or
publication by you of any such matters or any part of the Site, except as
allowed by Section 4 below, is strictly prohibited. You do not acquire ownership
rights to any content, document or other materials viewed through the Site. The
posting of information or materials on the Site does not constitute a waiver of
any right in such information and materials. Some of the content on the site is
the copyrighted work of third parties.
Service Marks
Mortgage Warranty, Mortgage Warranty Card, Mortgage Warranty Program, Home Loan
Warranty" and others are Westside Rates service marks or registered service
marks or trademarks. Google, Yahoo, MSN, LATimes, MLS and other product and
company names mentioned on the Site may be trademarks of their respective
owners.
Limited License; Permitted Uses
You are granted a non-exclusive, non-transferable, revocable license (a) to
access and use the Site strictly in accordance with this Agreement; (b) to use
the Site solely for internal, personal, non-commercial purposes; and (c) to
print out discrete information from the Site solely for internal, personal,
non-commercial purposes and provided that you maintain all copyright and other
policies contained therein. No print out or electronic version of any part of
the Site or its contents may be used by you in any litigation or arbitration
matter whatsoever under any circumstances.
Restrictions and Prohibitions on Use
Your license for access and use of the Site and any information, materials or
documents (collectively defined as “Content and Materials”) therein are subject
to the following restrictions and prohibitions on use: You may not (a) copy,
print (except for the express limited purpose permitted by Section 4 above),
republish, display, distribute, transmit, sell, rent, lease, loan or otherwise
make available in any form or by any means all or any portion of the Site or any
Content and Materials retrieved there from; (b) use the Site or any materials
obtained from the Site to develop, of as a component of, any information,
storage and retrieval system, database, information base, or similar resource
(in any media now existing or hereafter developed), that is offered for
commercial distribution of any kind, including through sale, license, lease,
rental, subscription, or any other commercial distribution mechanism; (c) create
compilations or derivative works of any Content and Materials from the Site; (d)
use any Content and Materials from the Site in any manner that may infringe any
copyright, intellectual property right, proprietary right, or property right of
us or any third parties; (e) remove, change or obscure any copyright notice or
other proprietary notice or terms of use contained in the Site; (f) make any
portion of the Site available through any timesharing system, service bureau,
the Internet or any other technology now existing or developed in the future;
(g) remove, decompile, disassemble or reverse engineer any Site software or use
any network monitoring or discovery software to determine the Site architecture;
(h) use any automatic or manual process to harvest information from the Site;
(i) use the Site for the purpose of gathering information for or transmitting
(1) unsolicited commercial email; (2) email that makes use of headers, invalid
or nonexistent domain names, or other means of deceptive addressing; and (3)
unsolicited telephone calls or facsimile transmissions; (j) use the Site in a
manner that violates any state or federal law regulating email, facsimile
transmissions or telephone solicitations; and (k) export or re-export the Site
or any portion thereof, or any software available on or through the Site, in
violation of the export control laws or regulations of the United States.
Forms, Agreements & Documents
We may make available through the Site or through other Web sites sample and
actual forms, checklists, business documents and legal documents (collectively,
“Documents”). All Documents are provided on a non-exclusive license basis only
for your personal one-time use for non-commercial purposes, without any right to
re-license, sublicense, distribute, assign or transfer such license. Documents
are provided for a charge and without any representations or warranties, express
or implied, as to their suitability, legal effect, completeness, currentness,
accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED “AS IS”, “AS
AVAILABLE”, AND WITH “ALL FAULTS”, AND WE AND ANY PROVIDER OF THE DOCUMENTS
DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Documents may be
inappropriate for your particular circumstances. Furthermore, state laws may
require different or additional provisions to ensure the desired result. You
should consult with legal counsel to determine the appropriate legal or business
documents necessary for your particular transactions, as the Documents are only
samples and may not be applicable to a particular situation. Some Documents are
public domain forms or available from public records.
No Legal Advice or Attorney-Client Relationship
Information contained on or made available through the Site is not intended to
and does not constitute legal advice, recommendations, mediation, or counseling
under any circumstance and no attorney-client relationship is formed. We do not
warrant or guarantee the accurateness, completeness, adequacy or currency of the
information contained in or linked to the Site. Your use of information on the
Site or materials linked to the Site is entirely at your own risk. We are not a
law firm and the Site is not a lawyer referral service.
Linking to the Site
You may provide links to the Site, provided (a) that you do not remove or
obscure, by framing or otherwise, advertisements, the copyright notice, or other
notices on the Site, (b) your site does not engage in illegal or pornographic
activities, and (c) you discontinue providing links to the Site immediately upon
request by us.
Advertisers.
The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
Registration
Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
Errors, Corrections and Changes
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
Third Party Content
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
Unlawful Activity
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
Indemnification
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
Nontransferable
Nontransferable
Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
Disclaimer
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
Limitation of Liability
(a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable therefrom, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond the control of a Covered Party.