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Welcome to the American REO, a Texas Corporation
("American REO")
Web site (this "Web Site").
American REO provides this Web Site subject to the
following terms of use (these "Terms").
These Terms explain a contractual agreement between you ("User,"
"You," "Your") and American REO ("We,"
"Us," "Our") regarding Your use of this Web Site.
You should print a copy of these Terms for Your records.
Please note, however, that We may update and amend these
Terms from time to time.
1. WHAT YOU SHOULD KNOW
The goal of this Web Site is to provide You with access
to information about Our facilities, services, products, and
related links to meet Your needs (the "Content").
The Terms are meant to protect all of Our visitors to this
Web Site, and Your access to and use of this Web Site
signifies Your agreement with these Terms. DO NOT
USE THIS WEB SITE IF YOU DO NOT AGREE WITH THESE TERMS.
We reserve the right, in Our sole discretion, to modify,
alter or otherwise update these Terms at any time. Such
modifications, alterations, and updates shall be effective
immediately upon posting. You agree to be bound by such
modified, altered, and updated Terms if You access or use
this Web Site after We have posted notice of such
modifications, alterations or updates.
Consistent with Our goals, this Web Site will
permit You to link to many other Web sites that may or may
not be affiliated with this Web Site and/or with Us. The
other linked Web sites have different terms of use that are
not the same as these Terms. Your access to and use of such
linked Web sites through links provided on this Web Site is
governed by the terms of use and policies of those sites,
not this Web Site.
2. PRIVACY
Registration data and certain other information about You
is subject to our Privacy Policy. For more information,
please review
Our Privacy Policy.
3. USE OF THIS WEB SITE
We control and operate this Web Site. All Content on this
Web Site, including, but not limited to, text, photographs,
images, illustrations, audio clips, and video clips, is
protected by copyrights, trademarks, service marks, and/or
other intellectual property rights (which are governed by
United States and worldwide copyright laws and treaty
provisions, privacy and publicity laws, and communication
regulations and statutes). The Content is owned and
controlled by Us or Our affiliates, or by third party
content providers, merchants, sponsors and licensors
(collectively the "Providers") that have
licensed their content or the right to market their products
and/or services to Us. Content on this Web Site or any Web
site owned, operated, licensed or controlled by the
Providers is solely for Your personal, non-commercial use.
You agree to abide by all additional copyright notices,
information, or restrictions contained in any Content. You
may download a single copy of any Content contained on this
Web Site, solely for Your personal, non-commercial use,
consistent with these Terms, provided that You maintain all
copyright and other notices contained in such Content.
You may not copy, reproduce, republish,
upload, post, transmit, distribute, and/or exploit the
Content in any way (including by e-mail or other electronic
means) for commercial use without the prior written consent
of Us or the Providers. You may request consent by
contacting us. Your modification
of the Content, use of the Content on any other Web site or
networked computer environment, or use of the Content for
any purpose other than personal, non-commercial use, without
the prior written consent of Us or the Providers, violates
the intellectual property rights and proprietary rights of
the Content owners and is prohibited.
You may not use on Your Web site any registered or
unregistered trademarks, service marks or copyrighted
materials appearing on this Web Site, including but not
limited to any logos or characters, without the express
written consent of the owner of the mark or copyright. You
may not frame, deep link, or otherwise
incorporate into another Web site any of the Content or
other materials on this Web Site without Our express prior
written consent.
Violation of trademark and copyright laws may result in
significant civil liability or criminal penalties under
United States and/or worldwide copyright and trademark laws.
You recognize that any reproduction or use of Content,
except as authorized by these Terms, is considered
intentional infringement.
4. USER'S
RESPONSIBILITIES
You warrant and represent to Us that You will not use
this Web Site for any purpose that is unlawful or prohibited
by these Terms, including without limitation the posting or
transmitting any threatening, libelous, defamatory, obscene,
scandalous, inflammatory, pornographic, or profane material.
If You violate any of these Terms, Your permission to use
this Web Site immediately terminates without the necessity
of any notice. We retain the right to deny access to anyone
at Our discretion for any reason, including for violation of
these Terms.
You are solely responsible for Your Information, and We
act as a passive conduit for Your online distribution and
publication of Your Information. As used in these Terms,
"Information" means any information or data
that You submit to this Web Site and any information or data
that is generated by this Web Site as a result of Your use
of this Web Site.
In the event that You are provided with User
identification numbers or codes (collectively, "
ID's"), confirmation numbers, and/or passwords (as
applicable) in the use of this Web Site, You shall maintain
such User ID's, confirmation numbers, and/or passwords in
confidence and You agree not to distribute or disclose the
same to third parties. It is Your responsibility to notify
Us if We need to change or discontinue any of Your ID's,
confirmation numbers, or passwords. It is also Your
responsibility to immediately request discontinuation of an
ID, confirmation number, or password upon Your knowledge or
belief that such ID, confirmation number, and/or password
is, or may be subject to, a breach of confidentiality. We
may suspend or terminate Your service or access to this Web
Site if We believe a breach of these Terms has occurred.
You agree to provide true, accurate, current and complete
Information. If You provide any Information that is untrue,
inaccurate, not current or incomplete (or We have reasonable
grounds to suspect that such Information is untrue,
inaccurate, not current or incomplete), We have the right to
suspend or terminate Your access and activity, and refuse
any and all current or future use of this Web Site.
5. PROHIBITED ACTIVITIES
You are specifically prohibited from any use of this Web
Site, and You agree not to use or permit others to use this
Web Site, for any of the following: (a) take any action that
imposes an unreasonable or disproportionately large load on
the Web Site's infrastructure, including but not limited to
"spam" or other such unsolicited mass e-mailing techniques;
(b) disclose to, or share with, the assigned confirmation
numbers and/or passwords with any unauthorized third parties
or using the assigned confirmation numbers and/or passwords
for any unauthorized purpose; (c) attempt to decipher,
decompile, disassemble or reverse engineer any of the
software or HTML code comprising or in any way making up a
part of this Web Site; (d) upload, post, emailing or
otherwise transmitting any Information, Content, or
proprietary rights that You do not have a right to transmit
under any law or under contractual or fiduciary
relationships; (e) violating any applicable local, state,
national or international law, including, but not limited
to, any regulations having the force of law; and, (f) using
any robot, spider, intelligent agent, other automatic
device, or manual process to search, monitor or copy Our Web
pages, or the Content without Our prior written permission,
provided that generally available third party Web browsers
such as Netscape Navigator® and Microsoft Internet Explorer®
may be used without such permission.
6. INFORMATION POSTED TO
WEB SITE
With respect to all Information You elect to post to
publicly accessible areas of the Web Site, You agree that We
have the right to use, reproduce, modify, publish, perform
and display such Information (in whole or part) worldwide;
provided that such use is subject to the terms of
Our Privacy Policy.
You acknowledge and agree that We may preserve
Information and may also disclose Information 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 the Terms; (c)
respond to claims that any Information violates the rights
of third parties; or (d) protect the rights, property, or
personal safety of Our business, employees, Providers,
affiliates, users, and/or the public.
7. LINKS TO OTHER WEB
SITES
This Web Site may contain links to third party and/or
other American REO-affiliated Web sites not under Our
control or operation (the "Linked Sites").
The links will let You leave this Web Site, and You access
them at Your own risk. You acknowledge that We provide the
Linked Sites for Your convenience and information only. We
do not endorse nor are We responsible for any content,
information, or other related materials found at any such
Linked Sites or any links contained within such Linked
Sites, whether or not We are affiliated with the owners of
such Linked Sites. Moreover, We do not control any use of
content, information or other related material that You
provide to, or is collected and/or tracked by, such Linked
Sites. Such use by Linked Sites is governed by the terms of
use statements and/or privacy policies of such Linked Sites,
not this Web Site, and as a result may differ from Ours. You
may not establish a hyperlink to this Web Site or provide
any links that state or imply any sponsorship or endorsement
of Your Web site by Us or the Providers.
8. DEALINGS WITH
ADVERTISERS
Your correspondence or business dealings with, or
participation in promotions of, advertisers found on or
through this Web Site, including payment and delivery of
related goods or services, and any other terms, conditions,
warranties, or representations associated with such dealings
are solely between You and such advertiser. You agree that
We (and the Providers) shall neither be responsible nor
liable for any loss or damage incurred by You as the result
of any such dealings or as the result of the presence of
such advertisers on this Web Site.
9. NO WARRANTIES
ALL CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS
APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE
INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, WE
DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER WE, OUR AFFILIATED OR RELATED ENTITIES, NOR THE
PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION,
PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE, WARRANT THAT
THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT
THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR
CONVENIENCE AND INFORMATION ONLY. WE DO NOT WARRANT OR MAKE
ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE
RELIABILITY, ACCURACY, USEFULNESS, OR CURRENCY OF ANY
CONTENT, SERVICE, AND/OR MERCHANDISE ACQUIRED PURSUANT TO
YOUR USE OF THIS WEB SITE.
WE ARE A DISTRIBUTOR AND NOT A PUBLISHER. WE HAVE NO MORE
EDITORIAL CONTROL OVER SUCH INFORMATION AND CONTENT THAN
DOES A PUBLIC LIBRARY OR NEWSSTAND. ANY OPINIONS, ADVICE,
STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION EXPRESSED
OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING IN THE LINKED
SITES) ARE THOSE OF THE RESPECTIVE AUTHORS OR DISTRIBUTORS
OF SUCH CONTENT.
YOU USE THIS WEB SITE AT YOUR OWN RISK.
YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING (INCLUDING WITHOUT LIMITATION YOUR INTERNET
CONNECTION) AND REPAIR OR CORRECTION OF YOUR SYSTEM.
10. LIMITATION OF
LIABILITY
IN NO EVENT SHALL WE NOR OUR AFFILIATED OR RELATED
ENTITIES (INCLUDING PROVIDERS), NOR ANY OF OUR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, NOR ANY PERSON OR
ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION
OF THIS WEB SITE, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL,
INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES WHETHER
ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING
NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, REGARDLESS OF
WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF
SUCH DAMAGES, INCLUDING WITHOUT LIMITATION FROM THE USE OR
ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE.
OUR LIABILITY, AND THE LIABILITY OF OUR PROVIDERS, TO YOU
OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE
LESSER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12
MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B)
$500. Some states do not allow for the limitation of
liability, so the foregoing limitation may not apply to You.
BY WAY OF EXAMPLE ONLY, WE AND RELATED PERSONS AND
ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR
DAMAGE ARISING FROM: FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED
ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE
UPON OR USE OF CONTENT, INFORMATION, OPINIONS OR OTHER
MATERIALS APPEARING ON THIS WEB SITE. MOREOVER, YOU
EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE OR
RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL
CONDUCT OF OTHER USERS OR THIRD PARTIES.
The limitation of liability reflects the allocation of
risk between the parties. The limitations specified in this
Section 10 will survive and apply even if any limited remedy
specified in these Terms is found to have failed of its
essential purpose. The limitations of liability provided in
these Terms inure to the benefit of Us and the Providers,
and to all respective officers, directors, employees,
representatives, attorneys, and agents.
11. GOVERNING LAW AND
JURISDICTION
We operate this Web Site (excluding Linked Sites) from
Our offices within the State of Texas. It
can be accessed from all 50 states, as well as from other
countries around the world. As each of these places has laws
that may differ from those of Texas, by
accessing this Web Site, You agree that these Terms and Your
use of the Web Site shall be governed in all respect by the
internal substantive laws of the State of Texas,
without regard to conflict of laws provisions and shall not
be governed by the United Nations Convention on the
International Sale of Goods. You further submit to exclusive
jurisdiction and venue in the state and federal courts
located in the State of Texas for all disputes, cases
and controversies regarding this Web Site, Your use of this
Web Site, and Your relationship with Us. We make no
representation that materials on this Web Site are
appropriate or available for use in other locations, and
accessing them from territories where the Content is illegal
is prohibited. Those who choose to access this Web Site from
other locations do so at their own risk and are responsible
for compliance with local laws, including laws regarding the
transmission of technical data exported from the United
States or the country in which You reside.
12. INDEMNIFICATION
We reserve the right to report any wrongdoing, if and
when We become aware of it, to any applicable government
agencies. You agree to indemnify, defend and hold Us and the
Providers, Our and their officers, directors, employees,
affiliates, agents, licensors, and suppliers harmless from
and against any and all claims, demands, actions, costs,
liabilities, losses and damages of any kind (including
attorneys' fees) resulting from Your use of this Web Site,
Your breach of any provision of these Terms and/or any
negligent acts, omissions or intentional wrongdoing by You.
Any such indemnification shall be conditioned on Our: (a)
notifying You in writing of any such claim, demand, action,
cost, liability, loss or threat of any thereof; (b)
cooperating with You in the defense or settlement thereof;
and (c) allowing You to control such defense or settlement.
We shall be entitled to participate in such defense at Our
own cost and expense.
13. MESSAGE BOARDS
In the event that We provide message boards or discussion
forums on this Web Site (the "Forums"), You
agree to use the Forums only in a noncommercial manner. You
shall not, without our express approval, distribute or
otherwise publish any material containing any solicitation
of funds, advertising, or written solicitation for goods and
services. You agree that any uploaded materials may be
republished without compensation to You or any other person
or entity. In addition, You warrant that all moral rights in
any uploaded materials have been waived. While We do not and
cannot review every message posted by You or any other User
in the Forums, and although We are not responsible for these
messages, We reserve the right (but not the obligation) to
delete, move, or edit messages that We, in our sole
discretion, deem abusive, defamatory, obscene, in violation
of copyright or trademark laws, or otherwise unacceptable.
We do not endorse any Information posted on this Web Site.
You agree that You must evaluate, and bear all risks
associated with, the use of any messages, Information, or
Content, including any reliance on the accuracy,
completeness, or usefulness of such messages, Information,
or Content. In this regard, You acknowledge that You may not
rely on any Content We create or information submitted to Us
by third parties, including without limitation, information
in the Forums, and in all other parts of this Web Site.
14. OTHER GENERAL
PROVISIONS
These Terms are for the benefit of Us and the Providers,
Our and their officers, directors, employees, affiliates,
agents, licensors, and suppliers. Each of these individuals
or entities shall have the right to assert and enforce these
Terms directly against You on its (or their own) behalf. Our
failure to act with respect to a breach by You or others
does not waive Our right to act with respect to subsequent
or similar breaches.
If any provision of these Terms is held to be invalid or
unenforceable, such provision will be struck and the
remaining provisions enforced. Headings are for reference
purposes only.
The provisions and conditions of these Terms, and each
obligation referenced herein, represent the entire Agreement
between Us (including the Providers), Our affiliated or
related entities, and You, and supersede any prior
agreements or understandings not incorporated herein. In the
event that any inconsistencies exist between these Terms and
any future published terms of use or understanding, the last
published Terms shall prevail.
WE RESERVE ANY RIGHTS NOT EXPRESSLY
GRANTED OR STATED IN THESE TERMS. |
