Vivienda Propia Mortgage

 

 

Terms of Use

 
1. ACCEPTANCE OF TERMS OF USE FOR THIS WEBSITE
2. YOUR OBLIGATIONS AND CONDUCT
3. CONFIDENTIALITY OF VIVIENDA PROPIA MORTGAGE INFORMATION
4. CONTENT SUBMITTED TO VIVIENDA PROPIA MORTGAGE
5. DELIVERY OF E-MAIL
6. INDEMNITY
7. NOTICES; MODIFICATION AND TERMINATION OF SERVICES; AMENDMENT OF TERMS
8. ADVERTISEMENTS AND PROMOTIONS
9. CONTENT PROVIDED VIA LINKS
10. INTELLECTUAL PROPERTY RIGHTS
11. DISCLAIMER OF WARRANTIES
12. LIMITATION OF LIABILITY
13. VIVIENDA PROPIA MORTGAGE'S PRIVACY POLICY
14. GENERAL TERMS

 

1. ACCEPTANCE OF TERMS OF USE FOR THIS WEBSITE

1.1 YOU MUST READ THESE WEBSITE TERMS OF USE ("TERMS") CAREFULLY.

AECIDIA, INC. DOING BUSINESS AS VIVIENDA PROPIA MORTGAGE (VIRGINIA) AND ITS AFFILIATES PROVIDE THIS WEBSITE TO YOU, YOUR EMPLOYEES, AGENTS, AND CONTRACTORS, AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY "YOU"), SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN AECIDIA, INC. AND YOU, AND YOU ACCEPT THEM BY: (a) PLACING AN ORDER THROUGH THIS WEBSITE; (b) USING THE WEBSITE IN ANY OTHER MANNER; AND/OR (c) ACKNOWLEDGING AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

1.2 This website ("Website") includes without limitation: (a) on-line services accessible via the Website (collectively the "Services"); (b) information such as technical, contractual, product, program, pricing, marketing, and other valuable information ("Information"); and (c) content such as data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content"). Aecidia, Inc. makes no representation that this Website is appropriate or available for use in all locations. Aecidia, Inc. products and services may not be available in Your location, and deliverables may vary among locations. If You are using the Website on behalf of Your employer or Your principal, You represent and warrant that You are authorized to accept these Terms on Your employer's or Your principal's behalf, and that Your employer or Your principal agrees to indemnify You and Aecidia, Inc. for violations of these Terms. In addition to the Terms and unless otherwise noted, the standard Aecidia, Inc. terms and conditions of sale in your jurisdiction govern purchases of products or services You make through the Website, unless You have in effect a separate valid written purchase or license agreement with Aecidia, Inc.for that product or service, in which case that separate agreement governs, and in cases of conflict, prevails.

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 2. YOUR OBLIGATIONS AND CONDUCT

2.1 In consideration of Your use of the Website, You agree to: (a) provide accurate, current, and complete information about You as may be prompted by a registration or loan request form on the Website (the "Registration or Loan Request Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration or Loan Request Data, and any information You provide to Aecidia, Inc. to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to information and Registration or Loan Request Data. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Website.

2.2 You are entirely responsible for all Content that You upload, post or otherwise transmit via the Website. You agree not to upload, post or otherwise transmit via the Website Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Aecidia, Inc. or other users of the Website; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone's intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Aecidia, Inc. reserves the right to edit or remove Content that violates these Terms or that contains third-party commercial advertisements.

2.3 You agree that You will not use the Website to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be Aecidia, Inc. or someone else, or spoof Aecidia. Inc's or someone else's identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Services; (d) misrepresent your affiliation with a person or entity; (e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Website; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (g) collect or store personal data about other users unless specifically authorized by such users.

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 3. CONFIDENTIALITY OF AECIDIA, INC. INFORMATION

3.1 You may obtain direct access via the Website to certain confidential information of Aecidia, Inc. and its suppliers, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential ("Confidential Information"). You must hold Confidential Information in strict confidence. Title to Confidential Information remains with Aecidia, Inc. and its suppliers.

3.2 Your obligations regarding Confidential Information expire five (5) years after the date of disclosure. Upon termination of the Terms or Aecidia, Inc's written request, You must cease use of Confidential Information and return or destroy it.

3.3 The Terms impose no obligation upon You with respect to Confidential Information that You can establish by legally sufficient evidence: (a) You possessed prior to Your receipt from Aecidia, Inc., without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by You, or otherwise without violation of the Terms; (c) You obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) You independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to Aecidia, Inc. adequate to afford Aecidia, Inc. the opportunity to object to the disclosure.

3.4 Aecidia, Inc. makes available to loan officers operating outside its offices some confidential information through virtual private networks.  Along with other security measures, communications are encrypted using the latest technology to provide adequate protection from unauthorized use.  Aecidia, Inc. monitors very closely such communications.  Any attempt to illegally break into the networks to collect confidential data will subject the perpetrators to the maximum criminal and civil penalties.

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 4. CONTENT SUBMITTED TO AECIDIA, INC.

4.1 Aecidia, Inc. does not claim ownership of the Content You place on the Website and shall have no obligation of any kind with respect to such Content. Unless otherwise stated herein, or in Vivienda Propia Mortgage's Privacy Policy, any Content You provide in connection with this Website shall be deemed to be provided on a non confidential basis. Aecidia, Inc. shall be free to use or disseminate such Content on an unrestricted basis for any purpose, and You grant Aecidia, Inc. and all other users of the Website an irrevocable, worldwide, royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell and publish such Content (including in digital form). You represent and warrant that you have proper authorization for the worldwide transfer and processing among Aecidia, Inc., its affiliates, and third-party providers of any information that You may provide on the Website.

4.2 Aecidia, Inc. does not routinely monitor Content, but Aecidia, Inc. and its designees reserve the right to monitor, restrict access to, edit or remove any Content that is available via the Website.

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 5. DELIVERY OF E-MAIL

Aecidia, Inc. will attempt to deliver all of the e-mail that is addressed to Your e-mail address on Aecidia, Inc's Services. However, the nature of e-mail is such that Aecidia, Inc. cannot guarantee delivery of such e-mail.

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 6. INDEMNITY

6.1 You agree to indemnify and hold Aecidia, Inc. and its subsidiaries, affiliates, shareholders, owners, officers, directors, managers, agents, licensors, suppliers, alliance members, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your Content, Your use of or connection to the Website (including any use by You on behalf of Your employer or Your principal), Your violation of the Terms, or Your violation of any rights of another.

6.2 Aecidia, Inc. offers free use of calculators on the Website.  These calculators are provided by and operated under license from MST and are for information and convenience purposes only.  Results of calculations with these calculators may differ from calculations made by lenders or other calculators.  Aecidia, Inc. cannot be held responsible for any use or misuse, direct or incidental, of those calculators.  Consult Your financial or tax advisor before making any decision based on the results of the calculators.  All questions pertaining to the calculators and their use should be directed to Customer Support at MST.

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 7. NOTICES; MODIFICATION AND TERMINATION OF SERVICES; AMENDMENT OF TERMS

Aecidia, Inc. may provide notice to You via email, regular mail, or posting notices or links to notices on the Website. Aecidia, Inc. reserves the right at any time to modify, suspend or terminate the Services (or any part thereof), and/or Your use of or access to them, with or without notice. Aecidia, Inc. may also delete, or bar access to or use of, all related Information and files. Aecidia, Inc. will not be liable to You or any third-party for any modification, suspension, or termination of the Services, or loss of related information. Aecidia, Inc. may amend these Terms at any time by posting the amended terms on this Website.

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 8. ADVERTISEMENTS AND PROMOTIONS

Aecidia, Inc. may run advertisements and promotions from third parties on the Website. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Aecidia, Inc. found on or through the Website, 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. Aecidia, Inc. is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Aecidia, Inc. advertisers on the Website.

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 9. CONTENT PROVIDED VIA LINKS

9.1 You may find links to other Internet sites or resources on the Website. You acknowledge and agree that Aecidia, Inc. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Aecidia, Inc. will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

9.2 Third party content on the Website is the intellectual property of the third party. Any copying, republication or redistribution of third party content, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of the third party. Data is provided for information purposes only, and is not intended for trading purposes. Third parties shall not be liable for any errors or delays in content, or for any actions taken in reliance thereon.

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 10. INTELLECTUAL PROPERTY RIGHTS

10.1 Except as expressly authorized by Aecidia, Inc. or by Content providers, You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software Aecidia, Inc. discloses to You, and You must not remove or modify any copyright or trademark notice, or other notice of ownership.

10.2 "Aecidia, Inc. Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations Aecidia, Inc. or Vivienda Propia Mortgage use in connection with its products and services. You may not use, remove or alter any Aecidia, Inc. Trademarks, or co-brand your own products or material with Aecidia, Inc. Trademarks, without Aecidia, Inc's prior written consent. You acknowledge Aecidia, Inc's rights in Aecidia, Inc. Trademarks and agree that any use of Aecidia, Inc. Trademarks by You shall inure to Aecidia, Inc's sole benefit. You agree not to incorporate any Aecidia, Inc. Trademarks into Your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.

10.3 Aecidia, Inc. is committed to respecting others' intellectual property rights, and we ask our users to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement on our Website, please send us an email at copyrights@viviendamortgage.com expressing your concerns.  We will respond with an explanation and a decision.

10.4 Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by Aecidia, Inc. on this Website provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., "Used with permission") is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if You breach any of the terms or conditions in this Section 10.4. Upon termination, You must immediately destroy any downloaded and/or printed Content.

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 11. DISCLAIMER OF WARRANTIES

11.1 YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE WEBSITE, INCLUDING THE INFORMATION, SERVICES AND CONTENT (AS DEFINED IN SECTION 1.2) IS PROVIDED ON AN "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. AECIDIA, INC. DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. AECIDIA, INC. MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE.

11.2 AECIDIA, INC. MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.

11.3 YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

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 12. LIMITATION OF LIABILITY

12.1 TO THE FULL EXTENT PERMITTED BY LAW, AECIDIA, INC. IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF AECIDIA, INC. HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.

12.2 TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.

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 13. AECIDIA, INC.'S PRIVACY POLICY

You consent to the collection, processing and storage by Aecidia, Inc. of Your personal information in accordance with the terms of Vivienda Propia Mortgage's Privacy Policy, which is available at http://www.viviendamortgage.com/privacy. You agree to comply with all applicable laws and regulations, and the terms of Aecidia, Inc's Privacy Policy, with respect to any access, use and/or submission by You of any personal information in connection with this Website.

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 14. GENERAL TERMS

14.1 The Terms constitute the entire agreement between You and Aecidia, Inc. relating to their subject matter, and cancel and supersede any prior versions of the Terms. No modification to the Terms will be binding, unless in writing and signed by an authorized Aecidia, Inc. representative. You must not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when You use Aecidia, Inc. or third-party products or services.

14.2 You agree that any material breach of Sections 2, 3, 4, 6, and 10 of the Terms will result in irreparable harm to Aecidia, Inc. for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Aecidia, Inc. will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Aecidia, Inc. seeks such an injunction.

14.3 Virginia law and controlling U.S. federal law govern any action related to the Terms and/or Your use of the Website. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under the Terms. You and Aecidia, Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Prince William, Virginia, U.S.A.

14.4 Services, Content, and product derived or obtained from this Website may be subject to the U.S. export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall: (a) obtain any export, re-export, or import authorizations required by U.S. or your local laws; (b) not use Services, Content, or direct product from this Website to design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide Services, Content, or direct product from this Website to prohibited countries and entities identified in the U.S. export regulations.

14.5 Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.

14.6 The Website may contain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements may include statements regarding market expectations and opportunities, expectations about financials, research and development and strategies, statements concerning Aecidia, Inc's roadmaps, market share growth, and product and service development and introduction, and our continuous evaluation of the competitiveness of our product and service offerings. These forward-looking statements are just predictions and involve risks and uncertainties. Actual results may differ materially from results discussed in the forward-looking statements. Factors that may cause such a difference include risks related to adverse changes in general economic conditions, failure to reduce costs, lack of success in technical advancements, the timely development, production and acceptance of new products and services, and Vivienda Propia Mortgage's ability to compete in a highly competitive and rapidly changing marketplace. For a detailed listing of the potential factors affecting Aecidia, Inc's business and these forward-looking statements, please email Aecidia, Inc. at inquire@viviendamortgage.com and request such listing.

14.7 Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.

14.8 This Website, its content, and the offers it contains are for residents of the State of Maryland and the Commonwealth of Virginia only.

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October 12, 2007.

 
 

 

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