As used in this contract: (a) the term "Agreement" refers to this contract; (b) the terms "you" and "yours," refer to you, a visitor to the Luxury Mortgage web site, as well as anyone you authorize to visit the Luxury Mortgage web site on your behalf; (c) the terms "Luxury Mortgage Corp", "Luxury Mortgage," "we," and "our" and "ours" refer to Luxury Mortgage Corp and any affiliates of Luxury Mortgage whose products or services are offered on the Luxury Mortgage web site; and (d) the term "Site" refers to the web site located at www.luxurymortgage.com® and related pages, or any linked pages and web sites hosted or sponsored by Luxury Mortgage.
Luxury Mortgage prohibits caching, unauthorized hypertext links to the Site and the framing of any content available through this site. Luxury Mortgage reserves the right to disable any unauthorized links or frames and specifically disclaims responsibility for other Internet sites linked to the Site.
Except where we specify otherwise, Luxury Mortgage offers you access to the Site solely for your personal and non-commercial uses. You promise that you will not use the Site, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Site. This means, among other activities, that you agree not to engage in the practices of "screen scraping," "database scraping," or any other similar activity. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. If and when requested by Luxury Mortgage, you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of Luxury Mortgage, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Site. You agree that Luxury Mortgage may in its sole discretion and at any time terminate your access to and use of the Site, or any part thereof, with or without notice. The Site contains content and information originated by Luxury Mortgage, affiliates of Luxury Mortgage or unaffiliated third parties. Luxury Mortgage makes available such content and information through the Site as a public service, for the sole purpose of aiding you, the consumer. Luxury Mortgage, therefore, cannot guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such information. You are responsible for confirming the sufficiency and reliability of any such information. This means, for example, that all of the information and materials contained in the Site, including any terms and conditions necessary to obtain a loan or other products or services are subject to change at any time. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final Luxury Mortgage determination and acceptance. The information and materials contained in the Site and the terms, conditions, and descriptions that appear therein are subject to change without notice. Luxury Mortgage or its suppliers may discontinue or make changes to the information, products or services described herein at any time. Dated information is published as of its date only, and Luxury Mortgage does not undertake any obligation or responsibility to update or change any such information. Luxury Mortgage reserves the right to terminate all Web offerings without prior notice.
All electronic communications, including any electronic signatures or identifiers of Luxury Mortgage, are being transmitted solely for informational purposes. By making an electronic communication, Luxury Mortgage specifically does not intend to agree, bind, or otherwise consent to any matter for any purpose whatsoever, including loan approval, and does not intend that the electronic communication, or any related or associated electronic media or data, to constitute, or to be deemed to constitute, an electronic signature pursuant to any state or federal law or regulation that authorizes the use of electronic signatures.
Copyright in the Site, and in the information and material therein and in their arrangement, is owned by Luxury Mortgage Corp unless otherwise indicated. Luxury Mortgage Corp® and luxurymortgage.com® are federally registered service marks of Luxury Mortgage Corp. Luxury Mortgagesm is a service mark of Luxury Mortgage Corp. Luxury Mortgage Corp also claims trademark and service mark rights in other marks contained in the Site. If you wish to inform Luxury Mortgage of any content that may indicate copyright infringement by any person or entity, pursuant to Title 17, United States Code, Section 512(c)(2), or trademark or service mark infringement pursuant to Title 15, United States Code, Sections 1114 and 1116, please forward your notification to:
Vice President, Legal Affairs & Compliance
Luxury Mortgage Corp
Four Landmark Square
Stamford, CT 06901
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING, BUT NOT LIMITED TO, CONTENT PROVIDED BY LUXURY MORTGAGE, AN LUXURY MORTGAGE AFFILIATE OR A THIRD PARTY THROUGH THE SITE IS AT YOUR SOLE RISK. SUCH INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LUXURY MORTGAGE MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION. LUXURY MORTGAGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LUXURY MORTGAGE SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH INFORMATION OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON SUCH INFORMATION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Neither this Agreement nor any form that may be posted to this Site may in any way be altered by you without Luxury Mortgage's express written agreement. Any attempt by you to alter this Agreement or any form posted to this Site without Luxury Mortgage's express written consent shall be void and shall have no legal effect. This Agreement is subject to change at any time. Notice of changes shall be made by adding any changes to this document. Unless otherwise stated, changes shall be effective upon posting. You agree to review this Agreement from time to time for changes and updates.
This Agreement is governed by the laws of the State of Connecticut, without regard to the principles of conflicts of laws thereof. You agree and consent to the exclusive jurisdiction and venue of courts sitting in Connecticut, County of Fairfield and/or the District of Connecticut in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Luxury Mortgage as a result of this Agreement or use of the Site. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.