Terms of Use
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.
Back to top
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.
Back to top
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.
Back to top
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.
Back to top
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.
Back to top
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.
Back to top
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.
Back to top
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.
Back to top
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.
Back to top
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.
Back to top
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.
Back to top
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.
Back to top
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.
Back to top
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.
Back to top
October 12, 2007.
|