Website Terms of Use
Acceptance of the Terms of Use
Welcome to the website of
Equity Smart Home Loans ("Company", "we" or "us"). These Terms of Use govern your access to and
use of www.equitysmartloans.com, including any content,
functionality and services offered on or through
www.equitysmartloans.com, whether as a guest or a registered
user.
Please read the Terms of Use carefully before you start to use
the Website.
By using the Website or by clicking to accept or agree to the
Terms of Use when this option is made available to you, you
accept and agree to be bound by these Terms of Use and our
Privacy Policy.
If you do not want to agree to these Terms of Use or the Privacy
Policy, you must not access or use the Website.
This Website is offered and available to users who are 18 years
of age or older and reside in the United States or any of its
territories or possessions. By using this Website
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in
our sole discretion. All changes are effective immediately when
we post them, and apply to all access to and use of the Website
thereafter. However, any changes to the dispute resolution
provisions set forth in Governing Law and Jurisdiction will not
apply to any disputes for which the parties have actual notice
on or prior to the date the change is posted on the Website.
Your continued use of the Website following the posting of
revised Terms of Use means that you accept and agree to the
changes. You are expected to check this page from time to
time/frequently/each time you access this Website so you are
aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website.
- Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you
may be asked to provide certain registration details or other
information. It is a condition of your use of the Website that
all the information you provide on the Website is correct,
current and complete. You agree that all information you provide
to register with this Website or otherwise, including but not
limited to through the use of any interactive features on the
Website, is governed by our
Privacy Policy, and you consent to all actions we take with respect to your
information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or
any other piece of information as part of our security
procedures, you must treat such information as confidential, and
you must not disclose it to any other person or entity. You also
acknowledge that your account is personal to you and agree not
to provide any other person with access to this Website or
portions of it using your user name, password or other security
information. You agree to notify us immediately of any
unauthorized access to or use of your user name or password or
any other breach of security. You also agree to ensure that you
exit from your account at the end of each session. You should
use particular caution when accessing your account from a public
or shared computer so that others are not able to view or record
your password or other personal information.
We have the right to disable any user name, password or other
identifier, whether chosen by you or provided by us, at any time
in our sole discretion for any or no reason, including if, in
our opinion, you have violated any provision of these Terms of
Use.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
- Modify copies of any materials from this site.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part
of the Website or any services or materials available through
the Website.
If you print, copy, modify, download or otherwise use or provide
any other person with access to any part of the Website in
breach of the Terms of Use, your right to use the Website will
cease immediately and you must, at our option, return or destroy
any copies of the materials you have made. No right, title or
interest in or to the Website or any content on the Website is
transferred to you, and all rights not expressly granted are
reserved by the Company. Any use of the Website not expressly
permitted by these Terms of Use is a breach of these Terms of
Use and may violate copyright, trademark and other laws.
Trademarks
The Company name, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully
cooperate with any law enforcement authorities or court order
requesting or directing us to disclose the identity or other
information of anyone posting any materials on or through the
Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS
AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS
RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES
DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS
TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY
OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot/do not undertake to review all material
before it is posted on the Website, and cannot ensure prompt
removal of objectionable material after it has been posted.
Accordingly, we assume no liability for any action or inaction
regarding transmissions, communications or content provided by
any user or third party. We have no liability or responsibility
to anyone for performance or nonperformance of the activities
described in this section.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Reliance on Information Posted
The information presented on or through the Website is made
available solely for general information purposes. We do not
warrant the accuracy, completeness or usefulness of this
information. Any reliance you place on such information is
strictly at your own risk. We disclaim all liability and
responsibility arising from any reliance placed on such
materials by you or any other visitor to the Website, or by
anyone who may be informed of any of its contents.
This Website may include content provided by third parties,
including materials provided by other users, customers of
company, bloggers and third-party licensors, syndicators,
aggregators and/or reporting services. All statements and/or
opinions expressed in these materials, and all articles and
responses to questions and other content, other than the content
provided by the Company, are solely the opinions and the
responsibility of the person or entity providing those
materials. These materials do not necessarily reflect the
opinion of the Company. We are not responsible, or liable to you
or any third party, for the content or accuracy of any materials
provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send e-mails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Website other than the homepage.
- Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized
framing or linking immediately to cease. We reserve the right to
withdraw linking permission without notice.
We may disable all or any social media features and any links at
any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Website is based in the state of CALIFORNIA in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant
that files available for downloading from the internet or the
Website will be free of viruses or other destructive code. You
are responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for
anti-virus protection and accuracy of data input and output, and
for maintaining a means external to our site for any
reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY
LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK,
VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY
INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER
PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR
DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE
LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS
OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE,
ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE
WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS,
WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY
MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE
COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR
AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING,
NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY
REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE,
RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE
CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE
WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE
WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT
LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT
AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS,
SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE
LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING
OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE
WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE
OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH
THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND
SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS,
LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF
GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING
NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF
FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use and
any dispute or claim arising therefrom or related thereto (in
each case, including non-contractual disputes or claims), shall
be governed by and construed in accordance with the internal
laws of the State of CALIFORNIA without giving effect to any
choice or conflict of law provision or rule (whether of the
State of CALIFORNIA or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related
to, these Terms of Use or the Website shall be instituted
exclusively in the federal courts of the United States or the
courts of the State of CALIFORNIA in each case located in the
City of SOUTH PASADENA and County of LOS ANGELES COUNTY,
although we retain the right to bring any suit, action or
proceeding against you for breach of these Terms of Use in your
country of residence or any other relevant country. You waive
any and all objections to the exercise of jurisdiction over you
by such courts and to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of by the Company of any term or condition set forth
in these Terms of Use shall be deemed a further or continuing
waiver of such term or condition or a waiver of any other term
or condition, and any failure of the Company to assert a right
or provision under these Terms of Use shall not constitute a
waiver of such right or provision.
If any provision of these Terms of Use is held by a court or
other tribunal of competent jurisdiction to be invalid, illegal
or unenforceable for any reason, such provision shall be
eliminated or limited to the minimum extent such that the
remaining provisions of the Terms of Use will continue in full
force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Equity Smart Home Loans with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
Your Comments and Concerns
This website is operated by Equity Smart Home Loans, 1499
Huntington Dr Suite 500, South Pasadena, CA 91030.
All other feedback, comments, requests for technical support and
other communications relating to the Website should be directed
to: ithelp@equitysmartloans.com
Thank you for visiting the Website.