Website Standard Terms And Conditions

Introduction.

These Website Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.

This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.

Intellectual Property Rights

Other than content you own, which you may have opted to include on this Website, under these Terms, Vision Mortgage Group and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.

You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website,

PandaTip: If the website is only for viewing, then you might be able to stop where we left off above. That said, you will likely need to provide more in the way of descriptive language around what users may use the website to do/for.

Restrictions.

You are expressly and emphatically restricted from all of the following:

• publishing any Website material in any media;
• selling, sublicensing and/or otherwise commercializing any Website material;
• publicly performing and/or showing any Website material;
• using this Website in any way that is, or may be, damaging to this Website;
• using this Website in any way that impacts user access to this Website;
• using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
• engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
• using this Website to engage in any advertising or marketing;

Certain areas of this Website are restricted from access by you and Vision Mortgage Group may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.

Your Content.

In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Vision Mortgage Group a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be infringing on any third party’s rights. Vision Mortgage Group reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.

No warranties.

Brivity PROVIDES THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Brivity AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. Brivity AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.

Liability Limitation & Exclusive Remedy.

IN NO EVENT WILL Brivity OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST Brivity OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

Indemnification.

You agree to defend and hold Brivity, its affiliates, and their respective directors, officers, employees, and agents harmless from any and all claims and demands made by any third party due to or arising out of your breach of these Terms of Service, your use of the Services, your violation of any law or the rights of a third party, or any submission made through your user account on the Services or that you otherwise make available through the Services.

Release.

You release Brivity, its affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services. If you are a California resident, you waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Severability.

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms.

Vision Mortgage Group is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

Assignment.

Vision Mortgage Group shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement.

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Vision Mortgage Group and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

Governing Law & Jurisdiction.

These Terms will be governed by and construed in accordance with the laws of the State of , and you submit to the non-exclusive jurisdiction of the state and federal courts located in for the resolution of any disputes.

This application is being provided to you subject to these Terms of Use which govern your use of this application. Please read these Terms of Use carefully. By using this application, you agree to be bound by these Terms of Use, whether or not you complete a loan transaction. By using this application, you acknowledge that certain features of this application and the corresponding loan products and/or services may be subject to additional terms, conditions and disclaimers.

If you do not agree to these Terms of Use, you are not authorized to use this application, or any of the services that Vision Mortgage Group (“Vision Mortgage Group”) may offer through this application. Vision Mortgage Group, Inc reserves the right to, in its sole discretion and without notice, deny you access and/or use of this application for any reason or no reason at all.

THE DISCLOSURES AND CONSENTS REQUIRED UNDER CERTAIN STATE LAWS ARE DEEMED TO BE PROVIDED, RECEIVED AND AGREED TO BY YOUR USE OF THIS APPLICATION.

Information Subject To Change

Although Vision Mortgage Group has tried to provide accurate and timely information, the content of this application may not be accurate, complete and/or current and may include typographical errors or technical inaccuracies. The information and materials contained in these pages, and the terms, conditions and descriptions that appear on this application, are subject to change at any time without notice. Vision Mortgage Group may change the products, services and other information identified on this application at any time. Applicable terms, conditions and eligibility requirements are subject to change and not all products and services are available in all geographic areas. Any decisions which you may make based upon the information contained in this application shall be at your sole risk and responsibility. Your eligibility for particular products and services is subject to final approval, determination and acceptance by a lender in its sole and absolute discretion, notwithstanding your use of this application.

Disclaimer of Warranties

THE INFORMATION AND MATERIALS CONTAINED IN THIS APPLICATION, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS – ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND Vision Mortgage Group DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF SUCH INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS, OR OTHER MALWARE, IS GIVEN IN CONJUNCTION WITH SUCH INFORMATION AND MATERIALS.

YOU ACKNOWLEDGE THAT Vision Mortgage Group DOES NOT WARRANT THAT THIS APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS APPLICATION, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THIS APPLICATION.

EXCEPT AS SPECIFICALLY PROVIDED IN THESE TERMS OF USE OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT Vision Mortgage Group AND ITS LENDER(S) ARE NOT RESPONSIBLE FOR ANY LOSS CAUSED BY ACCESS TO THIS APPLICATION. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Vision Mortgage Group AND ITS LENDER(S) WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION OR USE OF THIS APPLICATION.

Limitation of Liability

IN NO EVENT WILL Vision Mortgage Group OR ITS LENDER(S) BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION: DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THIS APPLICATION OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, OR ANY INFORMATION PROVIDED IN CONNECTION WITH THIS APPLICATION OR HOW SAID INFORMATION WAS OBTAINED, OR ANY ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINK OR SYSTEM FAILURE, EVEN IF Vision Mortgage Group OR ITS LENDER(S), OR REPRESENTATIVES THEREOF ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

Indemnification

You agree to defend, indemnify and hold harmless Vision Mortgage Group, its affiliates, lenders, vendors and all directors, officers, employees and agents of Vision Mortgage Group from and against any claim, demand, damages, liabilities, suit, expenses, costs or proceeding, including attorney’s fees and court costs, that relates to or is based on your violation of these Terms of Use or misuse or unauthorized use of this application, or any services available from Vision Mortgage Group through this application, or any information provided in connection with this application or how said information was obtained.

No Unlawful or Prohibited Use

As a condition of your use of this application, you agree and warrant to Vision Mortgage Group that you will not use or access this application for any purpose that is unlawful or prohibited by these Terms of Use. If your use or access violates any law or any of these Terms of Use, your permission to use the application automatically terminates.

Application Security

You are prohibited from violating or attempting to violate the security of this application, including, without limitation: (a) accessing data not intended for your viewing or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) attempting to interfere with service to any user, host or network. Violations of security measures may result in civil or criminal liability. Vision Mortgage Group will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Copyrights and Trademarks

Copyright in the pages and in the screens displaying the pages, and in the information and material therein and their arrangement is owned by a third party, unless otherwise indicated, and are protected by U.S. copyright laws and international treaties. The copyrighted materials on the application include, but are not limited to, the text, design, software, images, graphics, source code, and the content on the application. You are authorized to view the information available on the application for your informational purposes only. You may not copy, republish, redistribute, transmit, participate in the transmission of, create derivatives of, alter, edit or exploit in any manner any material including by storage on retrieval systems. Deliberate misuse of this application is expressly prohibited and Vision Mortgage Group reserves the right to terminate your access to this application at any time for any reason and to advise the legal authorities of any misuse of this application, including, without limitation, to hacking. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on this application.

Email & Online Information Requests

Please note that messages you send Vision Mortgage Group by e-mail may not be secure and Vision Mortgage Group recommends that you do not send any confidential information to Vision Mortgage Group by e-mail. If you choose to send confidential information to Vision Mortgage Group via e-mail, you accept all risk that such information may be intercepted by a third party.

By submitting your information to Vision Mortgage Group through this application or by any other method, you are inquiring about loan products and give Vision Mortgage Group permission to contact you via e-mail, telephone, letter, fax or using any other information you provide, regardless of registration with any federal, state or local Do Not Call list, Do Not Mail list, or any other comparable list or registry.

Privacy

Vision Mortgage Group understands the need to safeguard your information from unauthorized use and disclosure. Please see the Privacy Statement which is available on this application.

General

Vision Mortgage Group reserves the right to modify these Terms of Use at any time without notice, but the most current version of the Terms of Use will always be available to you on this application. By continuing to use this application, after the date of any change to these Terms of Use, including accessing this application, you agree to be bound by the rules contained in the most recent version of these Terms of Use.

Governing Law

You agree that these Terms of Use shall be governed by and construed in accordance with the laws of the State of Michigan, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Use or the use of this application shall be filed only in the state or federal courts located in Oakland County, Michigan, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Severability

You agree that if any provision of these Terms of Use shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of such other provisions.

Contact and Violations

Please contact us with any questions regarding these Terms of Use. Please report any violations of the Terms of Use to Vision Mortgage Group.