By
accessing and/or using the Peoples Wholesale website (the "Site"),
You accept, without limitation or qualifications, the following
Terms of Use:
1. Peoples Mortgage Company maintains this Site
for Your personal use, entertainment, information, education,
and communication. Peoples Wholesale grants You the permission
to use and view the Site subject to these Terms of Use.
2. You may not modify, copy, transmit, display,
reproduce, publish, license, create derivative works from, transfer,
or sell any information, materials, documents, software, designs,
drawings, content, products or services from the Site (together
"Content") in any form without Peoples Mortgage Company’s
prior written permission. You may print out a copy or download
Content solely for Your personal use. In doing so, You may not
remove or alter, or cause to be removed or altered, any copyright,
trademark, trade name, service mark, or any other proprietary
notice or legend appearing on any of the Content.
3. The trademarks, logos, and service marks (collectively
the "Trademarks") displayed on the Site are registered
and unregistered Trademarks of Peoples Mortgage Company and others.
Nothing contained on the Site should be construed as granting,
by implication, estoppel, or otherwise, any license or right to
use any Trademark displayed on the Site without the written permission
of Peoples Mortgage Company or such party that may own the Trademark.
Your use of the Trademarks displayed on the Site, or any other
content on the Site, except as provided in these Terms of Use,
are strictly prohibited. Peoples Mortgage Company will aggressively
enforce its intellectual property rights to the fullest extent
of the law, including seeking criminal prosecution.
4. Certain portions of the Site allow You to
register with Peoples Mortgage Company and/or create a user account.
If You wish to register or create a user account, You agree that
You will provide Peoples Mortgage Company with certain registration
information, all of which will be accurate, truthful, and current.
You agree that You will not: (i) select a username that, to Your
knowledge, is already used by another person; (ii) use a username
in which another person has rights without such person's authorization;
or (iii) use a username or password that Peoples Mortgage Company,
in its sole discretion, deems offensive or inappropriate. Peoples
Mortgage Company has no obligation to verify the authenticity
of any registration information, but reserves the right to refuse
to create Your account for any reason, including an inability
to verify the authenticity of Your registration information. You
are solely responsible for maintaining the confidentiality of
Your registration information and passwords. Peoples Mortgage
Company will have the right to rely upon any information received
from any person using a password assigned to You and will incur
no liability arising out of such reliance. You agree to indemnify
and hold harmless Peoples Mortgage Company and each of its directors,
officers, employees and agents from and against any and all injuries,
damages, losses, liabilities, claims, judgments and settlements,
including all reasonable costs, expenses and attorneys fees, arising
out of any action or claim brought against Peoples Mortgage Company,
or any of its directors, officers, employees and agents, arising
from or related to any negligent or willful act or omission by
You while accessing this Site.
5. Peoples Mortgage Company cannot guarantee
the accuracy, correctness, or timeliness of any of the information
or opinions provided on this Site. Any use of the information
or opinions provided herein is at Your sole risk and must not
replace or supplant Your duty to use Your own judgment, skills,
and expertise. Furthermore, You are still responsible for applying
the information and ideas provided herein to Your situation in
a competent manner and must independently determine whether such
ideas are accurate, up-todate, feasible, and the best option for
You. Peoples Mortgage Company makes no representation or warranty
that any of the information provided in this Site will be current
or complete.
6. Peoples Mortgage Company will make every effort
to update this Site on a periodic basis. However, some information,
articles, and opinions provided on this Site may contain, relate
to, or be based upon noncurrent conditions. As such, Peoples Mortgage
Company cannot guarantee the accuracy of any information or opinion
provided in this Site. It is very important that You use Your
own judgment before relying upon or using any of the ideas or
opinions suggested in the Site. Peoples Mortgage Company may change
the Content of this Site, including but not limited to revising
and/or deleting loan products or loan related information, at
anytime and without notice. You are responsible for confirming
the sufficiency and reliability of all information presented on
this Site including any terms and conditions necessary to obtain
a loan or other products or services. Not all products or services
are available in all geographic areas. Your eligibility for particular
products and services is subject to final Peoples Mortgage Company
determination and acceptance.
7. Peoples Mortgage Company has the right at
any time to change or discontinue any aspect or feature of the
Site. Peoples Mortgage Company expressly disclaims any obligation
to keep the Contents of this Site up to date or free of errors
or viruses, or to maintain uninterrupted access to this Site.
8. You are advised that unless otherwise stated
to the user, nothing contained in this Site is an offer, promise
or otherwise, to make a specific loan for any purpose or on any
specific terms. All loan related decisions are made in the course
of normal business and any applicable loan offerings are made
to qualified applicants in separate loan documents which are required
by applicable state and federal laws of the United States of America.
Loans may only be made to residents of states where participating
lenders are licensed or authorized to make such loans. By operating
this Site, Peoples Mortgage Company is not attempting to make
loans outside its authorized states or country. Peoples Mortgage
Company reserves the right to discontinue the offering of any
loan product in any state at any time.
9. You acknowledge and agree that Peoples Mortgage
Company in its sole discretion may at any time terminate Your
access to or use of this Site, or any portion thereof, with or
without notice.
10. Where applicable, Peoples Mortgage Company
will handle user information that You submit in accordance with
the Privacy Policy located within the Site. Please be advised
that Peoples Mortgage Company is taking reasonable and appropriate
measures, including encryption, to ensure the protection of Your
personal information. However, the Internet is an open system
and we cannot, and do not, guarantee that the personal information
You have entered will not be intercepted by others, decrypted,
and used for unauthorized purposes. You agree not to hold Peoples
Mortgage Company liable for any loss or damage of any sort incurred
as a result of any such unauthorized use or disclosure of the
information You provide to Peoples Mortgage Company through this
Site.
11. Your use of and browsing in this Site are
at Your sole risk and Peoples Mortgage Company disclaims all liability
associated therewith. THE SITE IS PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. PEOPLES
MORTGAGE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY,
NON-INFRINGEMENT OF THIRD PARTIES RIGHTS,
AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE, AS TO THE
OPERATION OF THE SITE OR THE NATURE OR ACCURACY OF THE INFORMATION
INCLUDED IN THE SITE OR AS TO ANY OTHER MATTER. PEOPLES MORTGAGE
COMPANY AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES
OF ANY KIND ARISING FROM THE USE OF THE SITE, ARISING FROM THE
USE OF THE INFORMATION AND OPINIONS PROVIDED THEREIN, OR ARISING
FROM THE ALLEGED NEGLIGENCE OF THE COMPANY, INCLUDING, BUT NOT
LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL
DAMAGES. IF YOU RESIDE OUTSIDE THE UNITED STATES, INFORMATION
PUBLISHED AT THIS SITE MAY REFER TO PRODUCTS, PROGRAMS OR SITES
THAT ARE NOT AVAILABLE IN YOUR
COUNTRY. Some jurisdictions may not allow the exclusion of certain
implied warranties, so some of the above exclusions may not apply
to You.
12. YOU HEREBY RELEASE AND FOREVER DISCHARGE
PEOPLES MORTGAGE COMPANY AND ITS OFFICERS, DIRECTORS, AGENTS,
EMPLOYEES, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS
AND ASSIGNS, FROM ANY AND ALL MANNER OF LIABILITY, CLAIMS, COUNTERCLAIMS,
DEMANDS, SETOFFS, DAMAGES, OR CAUSES OF ACTION, WHICH YOU NOW
HAVE OR WHICH MAY HEREAFTER ACCRUE, WHETHER HERETOFORE ASSERTED
OR UNASSERTED, KNOWN OR UNKNOWN, ARISING OUT OF, OR IN ANY WAY
RELATING TO YOUR USE OF THIS SITE OR THE INFORMATION PROVIDED
THEREIN, SPECIFICALLY INCLUDING BUT NOT LIMITED TO ANY CLAIMS
BASED IN WHOLE OR IN PART UPON THE ALLEGED NEGLIGENCE OF PEOPLES
MORTGAGE COMPANY, IN
OPERATING THE SITE OR OTHERWISE.
13. PEOPLES MORTGAGE COMPANY DOES NOT WARRANT
THAT THE SITE OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR FREE;
NOR DOES PEOPLES MORTGAGE COMPANY MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE
ACCURACY, RELIABILITY OR CONTENTS OF ANY INFORMATION, SERVICE,
OR PRODUCT PROVIDED THROUGH THE SITE.
14. Peoples Mortgage Company does not assume
any responsibility or risk for Your use of the Site. Peoples Mortgage
Company does not guarantee or warrant that files available for
downloading from the Internet will be free of infection of viruses,
worms, Trojan horses or other code that manifest contaminating
or destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy Your particular
requirements for accuracy of data input and output, and for maintaining
a means external to the Site for the reconstruction of any lost
data.
15. This Site may contain hyperlinks to websites
operated by third parties other than Peoples Mortgage Company.
Such hyperlinks are provided for Your reference only. Peoples
Mortgage Company does not control such third party websites and
is not responsible for their contents. Peoples Mortgage Company's
inclusion of the hyperlinks to such websites does not imply any
endorsement of the material on such website or any association
with their operators. Peoples Mortgage Company does not make any
representations regarding the content or accuracy of information
on such third party websites. If You access any of the third party
websites linked to this Site, You do so entirely at Your own risk.
Use of any information obtained from such websites is voluntary,
and reliance on it should only be undertaken after an independent
review of its accuracy, completeness, efficacy, and timeliness.
References therein to any specific commercial product, process,
or service by trade name, trademark, service mark, manufacturer,
or
otherwise does not constitute or imply endorsement, recommendation,
or favoring by Peoples Mortgage Company. You release Peoples Mortgage
Company (and our officers, directors, agents, subsidiaries and
employees) from claims, demands and damages of every kind, known
or unknown, arising out of or in connection with such hyperlinks.
16. You agree to indemnify and hold Peoples Mortgage
Company, its licensors, content providers, service providers and
contractors (the "Indemnified Parties") harmless from
any breach of these Terms of Use by You, including any use of
Content other than as expressly authorized in these Terms of Use.
You agree that the Indemnified Parties will have no liability
in connection with any such breach or unauthorized use, and agree
to indemnify any and all resulting loss, damages, judgments, awards,
costs, expenses, and attorneys' fees of the Indemnified Parties
in connection therewith. You will also indemnify and hold the
Indemnified Parties harmless from and against any claims brought
by third parties arising out of Your use of the information accessed
from the Site.
17. Peoples Mortgage Company operates this Site
from its offices within the United States of America. Peoples
Mortgage Company makes no representation that the Contents in
the Site are appropriate or available for use in other locations,
and that access to the Contents may be obtained from jurisdictions
where it is illegal or prohibited. Those who choose to access
this Site do so at their own initiative and are responsible for
compliance with applicable laws of their jurisdictions.
18. These Terms of Use will be governed by the
law of the State of Arizona, without regard to its choice of law
provisions. Any legal action, suit or proceeding brought by it
in any way arising out of these Terms of Use must be brought solely
and exclusively in the federal or state courts of the State of
Arizona. If any provision of this agreement is held by a court
of competent jurisdiction to be illegal, invalid, or unenforceable,
the remaining provisions shall remain in full force and effect.
19. The failure of Peoples Mortgage Company to
exercise or enforce any right or provision of the Terms of Use
shall not constitute a waiver of such right or provision.
20. Peoples Mortgage Company may at any time
revise these Terms of Use by updating this posting. You are bound
to any such revisions and should therefore periodically visit
this page to review the then current Terms of Use. |