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Welcome to Falcon Enterprise - Mortgage Center. We are excited
that you have decided to take advantage of the many useful services
offered here. Before you begin, please take a minute to read these
Terms of Service to ensure that you understand the terms and conditions
of our relationship.
These Terms of Service are an agreement between
Falcon Enterprise ("Falcon Enterprise") and users
of its website ("you" or "user"). BY CLICKING
ON "I AGREE" BELOW, YOU INDICATE YOUR CONSENT TO BE
BOUND BY THE PROVISIONS OF THESE TERMS OF SERVICE. We reserve
the right to update or change these Terms of Service at any time
and for any reason, however, if we make significant changes to
our policies, we will notify registered users by e-mail, post
a notice on our home page or alert you to such changes by other
similar means. By continuing to use this website, you agree to
be bound by any such revisions and should therefore periodically
visit this page of the website and print the latest version of
the Terms of Service for your records. For your information, the
date of the last update to these Terms of Service is stated at
the top of this document.
In addition to these Terms of Service, you should
also read and be aware of the provisions of our Privacy Policy,
which discloses Falcon Enterprise' practices regarding the
collection and use of your personal information, and other policies
that govern other parts of our website.
1. LEGAL NOTICES
Disclaimers:
ALL INFORMATION, PRODUCTS, MATERIALS, SERVICES
AND ADVICE CONTAINED ON THIS WEBSITE, OR PROVIDED BY THIS WEBSITE,
INCLUDING ALL TESTS, SPREADSHEETS, GRAPHICS, LINKS, ANIMATION,
JAVA SCRIPT AND 'COOKIES," ARE PROVIDED ON AN "AS-IS"
BASIS WITHOUT ANY CONDITIONS OR WARRANTIES OF ANY KIND, EITHER
EPXRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PROVIDED BY LAW, FALCON ENTERPRISE, ITS SUPPLIERS AND SPONSORS DISCLAIM ALL REPRESENTATIONS
AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO: WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS STRAINS AND
IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF
PERFORMANCE.
FALCON ENTERPRISE DOES NOT REPRESENT OR WARRANT
THAT THE INFORMATION, MATERIALS, SERVICES AND ADVICE PROVIDED
ON THIS WEBSITE ARE ACCURATE, RELIABLE, COMPLETE OR CURRENT.
Limitation of Liability
IN NO EVENT SHALL FALCON ENTERPRISE, NOR ANY
OF ITS OWNERS, MANAGERS, EMPLOYEES, SUPPLIERS, SPONSORS OR OTHER
REPRESENTATIVES, BE LIABLE FOR ANY DIRECT DAMAGES.
IN ADDITION, IN NO EVENT SHALL FALCON ENTERPRISE,
NOR ANY OF ITS OWNERS, MANAGERS, EMPLOYEES, SUPPLIERS, SPONSORS
OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY SPECIAL, PUNITIVE,
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES
OF ANY KIND, INCLUDING, BUT NOT LIMITED TO: PERSONAL INJURY, WRONGFUL
DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE OR
LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT
(INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR FUNDAMENTAL BREACH),
OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE
OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE MATERIAL CONTAINED
IN OR ACCESSED THROUGH THIS WEBSITE, EVEN IF AN AUTHORIZED REPRESENTAVE
OF FALCON ENTERPRISE IS ADVISED OF THE LIKELIHOOD OR POSSIBILTY
OF THE SAME. IN NO EVENT IS FALCON ENTERPRISE LIABLE FOR ANY
DAMAGES CAUSE BY YOUR OR ANY THIRD PARTY'S ACTS OR OMISSIONS.
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE
OF THIS WEBSITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE
OF THE EVENT GIVING RISE TO SUCH ACTION.
WHEN USING THE FALCON ENTERPRISE WEBSITE, INFORMATION
WILL BE TRANSMITTED OVER A MEDIUM WHICH IS BEYOND THE CONTROL
AND JURISDICTION OF FALCON ENTERPRISE AND ITS SPONSORS AND
SUPPLIERS. ACCORDINGLY, FALCON ENTERPRISE ASSUMES NO LIABILITY
FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION
OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH
USE OF THE FALCON ENTERPRISE WEBSITE.
Certain Jurisdictions. Some jurisdictions do not
allow the exclusion of certain warranties or the limitation or
exclusion of liability for incidental or consequential damages.
Accordingly, the above disclaimers and limitations may not apply
to you if you reside in such a jurisdiction.
INTELLECTUAL PROPERTY
Copyrights:
All of the content of this website, including text,
art, graphics, spreadsheets, logos, button icons, images, pictures,
audio clips and software, is the property of Falcon Enterprise,
our partners, sponsors, licensors, or content providers, and is
protected by U.S. and international copyright laws. We have designed
the content of this website for your use while you enjoy your
Falcon Enterprise experience. Except as granted in the limited
license below, any other use of this content, including modification,
transmission, presentation, distribution or republication, is
prohibited without the express prior written consent of Falcon Enterprise.
Trademarks:
All trademarks, trade names, brand names and service
marks of Falcon Enterprise, whether registered or unregistered,
is the property of Falcon Enterprise, our partners, sponsors
or licensors and is protected by U.S. and international trademark
laws. Except as granted in the limited license below, any use
of these assets is prohibited without the express prior written
consent of Falcon Enterprise.
Limited License:
Falcon Enterprise authorizes you to download
the material on this website solely for your internal use. If
you violate any provision of these Terms of Service, your permission
to use the content automatically terminates and you must immediately
destroy any copies you have made of any portion of the content.
Infringements:
If you think that any of the information posted
to this website infringes a copyright, trademark, patent or other
right of another party, please contact Falcon Enterprise' Designated
Agent at sales@falcon-enterprise.com
Restrictions on Use:
You agree that you will not upload or transmit
any communications or content of any type that infringe or violate
any rights of any party. By submitting communications or content
to any part of this website, you agree that such submission is
non-confidential for all purposes. If you make any such submission,
you automatically grant -- or warrant that the owner of such content
has expressly granted -- Falcon Enterprise a royalty-free,
perpetual, irrevocable, world-wide exclusive license to use, reproduce,
create derivative works from, modify, publish, edit, translate,
distribute, perform, and display the communication or content
in any media or medium, or any form, format, or forum now known
or hereafter developed for any purpose. Falcon Enterprise may
freely sublicense its rights through multiple tiers of sublicenses.
GENERAL LEGAL PROVISIONS
Links and Co-Branded Services:
Falcon Enterprise may include or provide links
on its website to other websites on the Internet, which may include
information, opinions or recommendations of various individuals,
organizations or companies. [Falcon Enterprise may also provide
some of its services in conjunction with partner companies, called
co-branded services. When accessing a co-branded service, you
may not be able to tell that you have left Falcon Enterprise'
website in order not to impair your user experience. In providing
such links and co-branded services, Falcon Enterprise does
not represent to you that it has investigated the content of such
information, opinions or recommendations, and thus you understand
and agree that Falcon Enterprise does not warrant or guarantee
the accuracy of such information or necessarily endorse, credential
or accredit any such opinions, recommendations, websites, individuals,
organizations or companies. You acknowledge and agree that Falcon Enterprise has no control over such sites and is not responsible
for the availability of such external sites. You also acknowledge
and agree that Falcon Enterprise does not endorse and is not
responsible or liable for any content, advertising, products or
other materials on or available from such sites.]
Password/User ID:
You are responsible for the confidentiality and
use of your user name, password, Falcon Enterprise account
number and any additional access number necessary to use the website.
You are solely responsible for all activities on or through the
website using your user name, password, Falcon Enterprise account
number and any additional access numbers. You agree to immediately
notify us if you become aware of any loss, theft, or unauthorized
use of your user name, password, or Falcon Enterprise account
number and to ensure that you exit from your account after each
session. You may contact us at sales@falcon-enterprise.com
No Endorsements:
Falcon Enterprise does not recommend or endorse
any specific brand of products, services, procedures or other
information that may be mentioned or advertised on the website.
The advertisers who purchase banners or otherwise sponsor or support
Falcon Enterprise have no influence on the editorial content
or presentation, and the posting of advertisements should not
be taken as an implied endorsement of any product or service.
Content:
You understand that all information, data, text,
software, music, sound, photographs, graphics, spreadsheets, video,
messages or other materials, whether publicly posted or privately
transmitted, are the sole responsibility of the person from which
such content originated. Content found in the website, newsgroups,
message boards, email, forums, conferences and chat rooms reflect
only the views of their authors. Forum managers, forum hosts and
other content providers appearing on Falcon Enterprise are
not authorized spokespersons for us, and their views do not necessarily
reflect our views. This means that you, and not us, are entirely
responsible for all content that you post, upload, email or otherwise
transmit via Falcon Enterprise.
You may not post, upload, email or otherwise transmit:
(i) advertisements, solicitations or other promotional material;
(ii) information that is illegal, unlawful or otherwise objectionable;
(iii) messages that are threatening, abusive, harassing, tortuous,
vulgar, invasive of another's privacy, harmful to a person's reputation,
obscene, racially or ethnically derogatory, or otherwise objectionable;
or (iv) material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or telecommunications
equipment. We do not control the content posted via Falcon Enterprise and, as such, do not guarantee the accuracy, integrity
or quality of such content. You understand that by using Falcon Enterprise, you may be exposed to content that is offensive, indecent
or objectionable. Under no circumstances will we be liable in
any way for any content, including, but not limited to, any errors
or omissions in any content, or any loss or damage of any kind
incurred as a result of the use of any content posted, emailed
or otherwise transmitted via Falcon Enterprise.
We are merely a forum. You acknowledge that we
do not pre-screen content, but that we retain the right to move
or refuse any content that is available via Falcon Enterprise.
Without limiting the foregoing, we and our designees shall have
the right to remove any content that we, in our sole judgment,
believe violates these Terms of Service or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated
with, the use of any content, including any reliance on the accuracy,
completeness or usefulness of such content. In this regard, you
acknowledge that you may not rely on any content displayed on
Falcon Enterprise.
You acknowledge and agree that we may preserve
content and may also disclose content if required to do so by
law or in the good faith belief that such preservation or disclosure
is reasonably necessary to: (a) comply with legal process; (b)
enforce these Terms of Service; (c) respond to claims that any
content violates the rights of third-parties; or (d) protect the
rights, property, or personal safety of us, our users and the
public.
Links:
Falcon Enterprise may contain links to websites
operated by other parties. We do not, either expressly or by implication,
endorse the content on such websites or any association it may
have with third parties. The links are provided for your convenience
only. We have absolutely no control over such websites nor do
we review the content on those websites; therefore, we are not
responsible or liable for any content, advertising, products or
other materials on or available from such websites. You further
acknowledge and agree that we are not responsible or liable, either
directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with use of or reliance on any
such content, goods or services available on or through any such
website or resource.
Termination:
You agree that we may terminate or suspend your
Falcon Enterprise membership without prior notice and acknowledge
and agree that we may immediately deactivate or delete your account
and all related information and files in your account and/or bar
any further access to such files or Falcon Enterprise. Further,
you agree that we shall not be liable to you or any third party
for any termination of your access to Falcon Enterprise.
Governing Law and Jurisdiction:
These Terms of Service will be governed by the
laws of The Commonwealth of Massachusetts without giving effect
to any principles of conflicts of laws. You hereby consent to
the exclusive jurisdiction and venue of the courts located in
Boston, Massachusetts.
Export Laws:
The U.S. export control laws regulate the export
and re-export of technology originating in the United States.
This includes the electronic transmission of information and software
to foreign countries and to certain foreign nationals. You agree
to abide by these laws and their regulations and not to transfer,
by electronic transmission or otherwise, any content derived from
the website to either a foreign national or a foreign destination
in violation of such laws.
Indemnification:
You agree to indemnify, defend and hold harmless
Falcon Enterprise, its officers, directors, employees, agents,
co-branders, licensors, suppliers, sponsors, and affiliates from
and against any claims, actions or demands, liabilities and settlements
including, without limitation, reasonable legal and accounting
fees, resulting from, or alleged to result from, your violation
of these Terms of Service or any activity related to your use
of this website by you or any other person accessing Falcon Enterprise using your account.
User Representations:
You represent and warrant that you are at least
18 years of age and that you possess the legal right and ability
to legally obligate yourself to these Terms of Service and to
use Falcon Enterprise in accordance with these Terms of Service.
You agree to be financially responsible for your use of Falcon Enterprise (as well as for use of your account by others, including
minors living with you) and to comply with your responsibilities
and obligations as stated in these Terms of Service.
International Laws:
Falcon Enterprise is based in The Commonwealth
of Massachusetts in the United States of America. Falcon Enterprise makes no claims that the content is appropriate or may
be downloaded outside of the United States, or that Falcon Enterprise' practices and policies will comply with the laws of
other countries or states. Access to the content may not be legal
by certain persons or in certain countries. If you access the
Falcon Enterprise website from outside the United States, you
do so at your own risk and are responsible for compliance with
the laws of your jurisdiction.
Entire Agreement:
Except as expressly provided in the other policies
on the Falcon Enterprise website, these Terms of Service constitute
the entire agreement between you and Falcon Enterprise with
respect to the use of the Falcon Enterprise website and content.
Your use of the Falcon Enterprise website is also subject to
the Falcon Enterprise Privacy Policy.
You also may be subject to additional terms and conditions that
may apply when you use affiliate services, third-party content
or third-party software.
Waiver:
Our failure to exercise or enforce any right or
provision of the Terms of Service shall not constitute a waiver
of such right or provision. No waiver of any of these Terms of
Service shall be deemed a further or continuing waiver of such
term or condition or any other term or condition.
Severability:
If any provision of the Terms of Service is found
by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision, and
the other provisions of the Terms of Service remain in full force
and effect.
Modification:
Neither the course of conduct between the parties
nor trade practice shall act to modify any provision of these
Terms of Service; however, we reserve the right to modify these
Terms of Service at any time, and such modifications shall be
effective immediately upon either posting of the modified Terms
of Service or by notification to you. You agree to review these
Terms of Service periodically to be aware of such modifications,
and your continued access to or use of Falcon Enterprise shall
de deemed your conclusive acceptance of the modified Terms of
Service. You agree that these standards for notice of changes
are reasonable. You agree that we shall not be liable to you or
to any third party for any modification, suspension or discontinuance
of Falcon Enterprise.
Assignment:
Falcon Enterprise may assign its rights and
duties under this Agreement to any party at any time without notice
to you and/or your approval.
Questions; Comments:
Questions or comments regarding this website should
be directed by e-mail to sales@falcon-enterprise.com
Acknowledgement:
You acknowledge that the provisions, disclosures
and disclaimers set forth in this Terms of Service are fair and
reasonable and your agreement to follow and be bound by them is
not the result of fraud, duress or undue influence exercised upon
you by any person or entity. Notwithstanding any provisions of
this Terms of Service, Falcon Enterprise has available all
remedies at law or equity to enforce this Terms of Service. There
are no representations, promises, warranties or undertakings by
Falcon Enterprise contrary to those set forth above.
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