Terms OF
Use
The #1 American
Financial Web Site provides a directory of listings of
mortgage industry advertisers and links to their Web
sites (the “Linked Sites”) that helps you find what you
are looking for within the mortgage industry. #1
American Financial has not reviewed all of the
advertisers’ Linked Sites listed on the
1americanfinancial.com directory. Your linking to any
other off-site pages or other Web sites is at your own
risk. Neither the advertisers nor the Linked Sites are
under the control of #1 American Financial , and #1
American Financial is not responsible for the content of
any of the Linked Sites, including but not limited to
any link contained in any of the Linked Sites, or any
changes or updates to any of the Linked Sites. The
inclusion of the Linked Sites on the #1 American
Financial Web Site is not and does not imply #1 American
Financial endorsement of any of the advertisers or the
Linked Sites, or of their products and services, or of
any association of #1 American Financial with them. The
Services act as a system or venue to introduce you to
mortgage industry sellers of goods and services and
providers of information. #1 American Financial does not
control (i) the quality, safety or legality of items
available through or on the Linked Sites or sites of
third parties not in privity of contract with #1
American Financial , (ii) the truth or accuracy or
legality of the content of the Linked Sites or those
third parties (even if such content appears on the #1
American Financial Web Site), or (iii) the availability
or technical capabilities of the Linked Sites or links
to the Linked Sites. #1 American Financial is not liable
or responsible for content supplied by third parties, or
for actions you might take in reliance on that content.
Nothing contained
in any of the Services is an offer or promise by #1
American Financial to sell a specific product for a
specific price or that any advertiser will sell any
product or service for any purpose or price or on any
specific terms. #1 American Financial does not guarantee
the price, terms, product, availability and/or services
offered by any advertiser.
For all of
the Services, #1 American Financial is not involved in
any transactions between you and any of its advertisers
or any of the Linked Sites, and is not responsible for,
and does not guarantee the price or performance of any
goods, services or information provided by advertisers
or Linked Sites. If you have a dispute with one or more
advertisers or Linked Sites, you agree to release and
hereby release #1 American Financial (and #1 American
Financial officers, directors, agents, subsidiaries,
affiliates, employees, successors, assigns, content
providers and service providers) from claims, demands
and damages (actual and consequential) of every kind and
nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way
connected with those disputes. If applicable, you waive
California Civil Code section 1542, which says:
"A
GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR
AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY
HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH
THE DEBTOR."
Only Personal Use
is Authorized Under this Agreement, #1 American
Financial grants you permission to access and use the
Services for your personal use, and to copy, distribute
and transmit the content of the Services only to the
extent that copying, distribution, and transmission is
automatically done through your browser software
incidental to using the Services for your personal use.
You may also print a copy of the information displayed
on the Services for your personal use. That means, that
except as set forth above, you may not modify, reformat,
copy, display, distribute, transmit, publish, license,
create derivative works from, transfer or sell any
information, products, or service obtained by your use
of the Services. This restriction means, among other
things, that you may not mirror on your own Web site any
portion of the Services or display through your own Web
site our directory listings, listings or other
information from the Services without #1 American
Financial express permission.
The trademarks,
logos, and service marks (collectively the "Trademarks")
displayed on #1 American Financial Web Site, are
registered and unregistered Trademarks of #1 American
Financial and others. Nothing contained on the #1
American Financial Web Site should be construed as
granting, by implication, estoppel, or otherwise, any
license or right to use any Trademark displayed on the
website without the written permission of #1 American
Financial or the third party that may own the Trademarks
displayed on the #1 American Financial Web Site. Your
misuse of the Trademarks displayed on the #1 American
Financial Web Site, or any other content on the #1
American Financial Web Site, except as provided in this
Agreement, is strictly prohibited. You are also advised
that #1 American Financial will aggressively enforce its
intellectual property rights to the fullest extent of
the law, including the seeking of criminal
prosecution.The technology underlying, and content
within, the Services is owned by #1 American Financial
and/or its licensors (including #1 American Financial
advertisers and other content providers) and is
protected by copyright and other intellectual property
or proprietary rights. If you use the Services other
than as 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.
Disclaimer of
Warranties
THE SERVICES ARE PROVIDED "AS IS,"
WITHOUT WARRANTY OF ANY KIND. #1 American Financial
DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
ANY WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS
FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE
EXCLUSION OF IMPLIED WARRANTIES. #1 American Financial
ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE
FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR
COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR
USE OF THE SERVICES OR YOUR ACCESS TO, USE OF, OR
BROWSING IN THE 1AMERICANFINANCIAL.COM WEB SITE, ANY
LINKED SITES, OR YOUR DOWNLOADING OF ANY MATERIALS,
DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THEREFROM.
#1 American FinancialPotential Liability for the
Services is Limited
#1 American Financial MAKES
NO REPRESENTATION ABOUT THE SUITABILITY, AVAILABILITY,
TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS
AND ACCURACY OF THE SERVICES, THE #1 Amertin Financial
WEB SITE, THE LINKED SITES, OR ANY INFORMATION,
SOFTWARE, PRODUCTS, OR SERVICES CONTAINED AS PART OF THE
SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS”.
NEITHER #1 American Financial NOR ANY OF ITS OFFICERS,
DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES,
SUCCESSORS, ASSIGNS, CONTENT PROVIDERS OR SERVICE
PROVIDERS WILL BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES (INCLUDING BUT NOT LIMITED TO FOR LOSS OF USE,
DATA, OR PROFITS) ARISING OUT OF OR IN ANY WAY CONNECTED
WITH USE OR PERFORMANCE OF THE SERVICES, THE #1 American
Financial WEB SITE, OR LINKED SITES, OR INABILITY TO
GAIN ACCESS TO OR USE THE SERVICES, THE #1 American
Financial WEB SITE, OR LINKED SITES, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR
OTHERWISE, EVEN IF #1 American Financial CLICKS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. #1 American
Financial WILL NOT BE LIABLE FOR ANY MATERIAL OF WEB
SITES IT LINKS TO AS PART OF THE SERVICES (LINKED SITES)
OR FOR INFORMATION CONTAINED IN OR PART OF THE SERVICES
INCLUDING BUT NOT LIMITED TO DIRECTORY LISTINGS. 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 #1 American Financial , ITS
EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND
CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY SUCH STATE LAW.
Although #1
American Financial may from time to time monitor or
review the Linked Sites, #1 American Financial is under
no obligation to do so and assumes no responsibility or
liability arising from the content of any of those
Linked Sites, or for any error, defamation, libel,
slander, omission, falsehood, obscenity, pornography,
profanity, danger, or inaccuracy contained in any
information within any of those Linked Sites. You are
prohibited from posting or transmitting any unlawful,
threatening, libelous, defamatory, obscene, scandalous,
inflammatory, pornographic, or profane material or any
material that could constitute or encourage conduct that
would be considered a criminal offense, give rise to
civil liability, or otherwise violate any law.