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In consideration of use of the Service, you
agree to: (a) provide true, accurate, current and complete
information about yourself as prompted by the Registration Form,
and (b) to maintain and update this information to keep it true,
accurate, current and complete. If any information provided by
you is untrue, inaccurate, not current or incomplete, HAD
Financial & Insurance Services, Inc. has the right to terminate
your account and refuse any and all current or future use of the
Service. You agree not to resell or transfer the Service or use
of or access to the Service.
You acknowledge and agree that you must: (a)
provide for your own access to the World Wide Web and pay any
service fees associated with such access, and (b) provide all
equipment necessary for you to make such connection to the World
Wide Web, including a computer and modem.
By using the HAD Financial & Insurance
Services, Inc. web site, including HAD Financial & Insurance
Services, Inc., any applets, software, and content contained
therein, you agree that use of the Service is entirely at your
own risk. THE SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT
LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES,
UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN
CONNECTION WITH THE SERVICE. SPECIFICALLY, HAD Financial &
Insurance Services, Inc. DISCLAIMS ANY AND ALL WARRANTIES,
INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE
AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION,
PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF
NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY
DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT
OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE
OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
NEITHER HAD Financial & Insurance Services,
Inc. NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS,
AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO
YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF SERVICE OR
INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY
BREACH OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN
SUCH STATES, THE RESPECTIVE LIABILITY OF HAD Financial &
Insurance Services, Inc., ITS EMPLOYEES, AGENTS, SUCCESSORS,
ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS RESPECTIVE
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH
STATE LAW.
HAD Financial & Insurance Services, Inc. is
the owner and/or authorized user of any trademark, registered
trademark and/or service mark appearing at this Web Site, and is
the copyright owner or licensee of the content and/or information
on this Web Site including but not limited to any screens
appearing at the Site. You may not download and/or save a copy of
any of the screens except as otherwise provided in these Terms of
Service, for any purpose. However, you may print a copy of the
information on this Site for your personal use or records. If you
make other use of this Site, except as otherwise provided above,
you may violate copyright and other laws of the United States,
other countries, as well as applicable state laws and may be
subject to penalties. HAD Financial & Insurance Services, Inc.
does not grant any license or other authorization to any user of
its trademarks, registered trademarks, service marks, or other
copyrightable material or other intellectual property, by placing
them on this Web Site.
HAD Financial & Insurance Services, Inc.
reserves the right to change any information on this Web Site
including but not limited to revising and/or deleting features or
other information without prior notice. Clicking on certain links
within this Web Site might take you to other web sites for which
HAD Financial & Insurance Services, Inc. assumes no
responsibility of any kind for the content, availability or
otherwise. (See "Links from and to this Website" below.) The
content presented at this Site may vary depending upon your
browser limitations.
User Conduct On the Service:
While using the Service, you may not:
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Restrict or
inhibit any other user from using and enjoying the Service; or
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post or transmit
any unlawful, fraudulent, libelous, defamatory, obscene,
pornographic, profane, threatening, abusive, hateful,
offensive, or otherwise objectionable information of any kind,
including without limitation any transmissions constituting or
encouraging conduct that would constitute a criminal offense,
give rise to civil liability, or otherwise violate any local,
state, national or foreign law, including without limitation
the U.S. export control laws and regulations; or
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post or transmit
any advertisements, solicitations, chain letters, pyramid
schemes, investment opportunities or schemes or other
unsolicited commercial communication (except as otherwise
expressly permitted by HAD Financial & Insurance Services,
Inc.) or engage in spamming or flooding; or
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post or transmit
any information or software which contains a virus, trojan
horse, worm or other harmful component; or
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post, publish,
transmit, reproduce, distribute or in any way exploit any
information, software or other material obtained through the
Service for commercial purposes (other than as expressly
permitted by the provider of such information, software or
other material); or
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upload, post,
publish, transmit, reproduce, or distribute in any way,
information, software or other material obtained through the
Service which is protected by copyright, or other proprietary
right, or derivative works with respect thereto, without
obtaining permission of the copyright owner or right holder; or
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upload, post,
publish, reproduce, transmit or distribute in any way any
component of the Service itself or derivative works with
respect thereto, as the Service is copyrighted as a collective
work under U.S. copyright laws.
HAD Financial & Insurance Services, Inc. has
no obligation to monitor the Service. However, you acknowledge
and agree that HAD Financial & Insurance Services, Inc. has the
right to monitor the Service electronically from time to time and
to disclose any information as necessary or appropriate to
satisfy any law, regulation or other governmental request, to
operate the Service properly, or to protect itself or its
subscribers. HAD Financial & Insurance Services, Inc. will not
intentionally monitor or disclose any private electronic-mail
message unless required by law. HAD Financial & Insurance
Services, Inc. reserves the right to refuse to post or to remove
any information or materials, in whole or in part, that, in its
sole discretion, are unacceptable, undesirable, inappropriate or
in violation of these Terms of Service.
Failure to Comply
With Terms and Conditions and Termination:
You acknowledge and agree that HAD Financial & Insurance
Services, Inc. may in its sole discretion deny you access through
HAD Financial & Insurance Services, Inc. to any materials stored
on the Internet, or to access third party services, merchandise
or information on the Internet through HAD Financial & Insurance
Services, Inc., and HAD Financial & Insurance Services, Inc.
shall have no responsibility to notify any third-party providers
of services, merchandise or information nor any responsibility
for any consequences resulting from lack of notification.
You agree to defend, indemnify and hold HAD
Financial & Insurance Services, Inc. and its affiliates harmless
from any and all claims, liabilities, costs and expenses,
including reasonable attorneys' fees, arising in any way from
your use of the Service or the placement or transmission of any
message, information, software or other materials through the
Service by you or users of your account or related to any
violation of these Terms of Service by you or users of your
account.
Links from and to
this Web Site:
You acknowledge and agree that HAD Financial & Insurance
Services, Inc. and any of its website co-branding providers have
no responsibility for the accuracy or availability of information
provided by linked sites. Links to external web sites do not
constitute an endorsement by HAD Financial & Insurance Services,
Inc. or its website co-branding providers of the sponsors of such
sites or the content, products, advertising or other materials
presented on such sites.
The links on this web site may take you to
other sites where the trading of securities is possible. You
acknowledge and agree that HAD Financial & Insurance Services,
Inc. shall not be responsible or liable with regard to any
trading which may be conducted on such linked trading sites,
non-HAD Financial & Insurance Services, Inc. web sites, and any
other web site which may be linked to or from the HAD Financial &
Insurance Services, Inc. site. You acknowledge and agree that the
stock and mutual fund price quotes and news stories which are
accessed within a trading day may be delayed at least 20 minutes,
as may required by exchanges and information providers. You
acknowledge and agree that you bear responsibility for your own
investment research and investment decisions, and that HAD
Financial & Insurance Services, Inc. shall not be liable for any
decision made or action taken by you or others based upon
reliance on information or materials obtained through use of the
Service. Prior to the execution of a securities trade, you should
always consult with your broker or other financial representative
to verify securities pricing information.
Information in the many web pages that are
linked to HAD Financial & Insurance Services, Inc.'s Web Site
comes from a variety of sources. Some of this information comes
from official HAD Financial & Insurance Services, Inc. licensees,
but much of it comes from unofficial or unaffiliated
organizations and individuals, both internal and external to HAD
Financial & Insurance Services, Inc.. HAD Financial & Insurance
Services, Inc. does not author, edit, or monitor these unofficial
pages or links. You acknowledge and agree that HAD Financial &
Insurance Services, Inc. shall not be responsible or liable,
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 such external sites
or resources.
Other Information:
HAD Financial & Insurance Services, Inc. is taking reasonable and
appropriate measures, including encryption, to ensure that your
personal information is disclosed only to those specified by you.
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 and decrypted.
If you wish to make purchases through the
Service, you may be asked by the merchant or information or
service provider from whom you are making the purchase to supply
certain information, including credit card or other payment
mechanism information. You agree not to hold HAD Financial &
Insurance Services, Inc. liable for any loss or damage of any
sort incurred as a result of any such dealings with any merchant
or information or service provider through the Service. You agree
that all information you provide any merchant or information or
service provider through the Service for purposes of making
purchases will be accurate, complete and current. The merchants
and information and service providers offering merchandise,
information and services through the Service set their own prices
and may change prices or institute new prices at any time. You
agree to pay all charges incurred by users of your account and
credit card or other payment mechanism at the prices in effect
when such charges are incurred. You also will be responsible for
paying any applicable taxes relating to purchases through the
Service.
Loan or Lender Areas
of the Web Site:
If applicable you may print a copy of your submitted loan
application, and if your loan is approved you may print a copy of
the Form of Truth in Lending Disclosures, Form of Promissory Note
and Form of Supplement to Promissory Note, for your personal
records. HAD Financial & Insurance Services, Inc. reserves the
right to change any information at this Site including but not
limited to revising and/or deleting loan products or loan related
information as offered by participating lenders without prior
notice. The user is further advised that unless otherwise stated
to the user, nothing contained in this web site is an offer,
promise or otherwise, either to make a specific loan or that any
participating lender will make any loan for any purpose or on any
specific terms. All loan related decisions are made by the lender
in the course of its 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 or states where participating lenders are licensed or
authorized to make such loans. By offering their loans on this
Web Site, lenders are not attempting to make loans outside their
authorized states or country. HAD Financial & Insurance Services,
Inc. and its participating lenders reserves the right to
discontinue the offering of loan products in any specific state
through this Web Site. You acknowledge and agree that HAD
Financial & Insurance Services, Inc. and its participating
lenders shall not be liable or responsible should confidential
information belonging to the user be intercepted and subsequently
used by an unintended recipient. The user may contact each lender
at lender's Customer Service, for assistance or further
information.
Miscellaneous:
The Terms of Service and the relationship between you and HAD
Financial & Insurance Services, Inc. shall be governed by the
laws of the State of California without regard to its conflict of
law provisions. You and HAD Financial & Insurance Services, Inc.
agree to submit to the personal and exclusive jurisdiction of the
courts located within the state of California.
The failure of HAD Financial & Insurance
Services, Inc. to exercise or enforce any right or provision of
the Terms of Service shall not constitute a waiver of such right
or provision. 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.
You agree that regardless of any statute or
law to the contrary, any claim or cause of action arising out of
or related to use of the Service or the Terms of Service must be
filed within one (1) year after such claim or cause of action
arose or be forever barred. |