TERMS AND CONDITIONS FOR USE Definitions
As used in this contract: (a) the term "Agreement" refers to this contract; (b) the terms "you" and "yours," refer to you, a visitor to the First Capital Mortgage, LLC web site, as well as anyone you authorize to visit the First Capital Mortgage, LLC web site on your behalf; (c) the terms "First Capital Mortgage, LLC," "we," and "our" and "ours" refer to First Capital Mortgage, LLC and any affiliates of First Capital Mortgage, LLC whose products or services are offered on the First Capital Mortgage, LLC web site; and (d) the term "simple-fee-mortgage.com " refers to the web site located at simple-fee-mortgage.com and related pages, or any linked pages and web sites hosted or sponsored by First Capital Mortgage, LLC.
Privacy Policy
First Capital Mortgage, LLC is committed to maintaining the privacy and security of any and all information that you provide to First Capital Mortgage, LLC through the First Capital Mortgage, LLCmortgage.com Web Site. To that end, First Capital Mortgage, LLC urges you to review the First Capital Mortgage, LLC Privacy Policy, which may be accessed by clicking on the following link: Privacy Policy.
Please note that privacy policies of First Capital Mortgage, LLC's affiliates or third parties may apply to information you provide on the First Capital Mortgage, LLCmortgage.com Web Site. In addition, web sites linked to the First Capital Mortgage, LLCmortgage.com Web Site may have separate privacy policies.
Linking to Other Sites
We may provide links to third party web sites, such as credit bureaus. If you choose to link to a third party web site not controlled by First Capital Mortgage, LLC, we are not responsible for the privacy or security of these sites, including the nature of the content, accuracy, completeness, or reliability of their information. If you are asked to provide information on one of these Web sites we strongly urge you to review their privacy policies before providing any of your personal information. First Capital Mortgage, LLC is not responsible for the privacy practices of third party sites.
Use And Limitations Of The Simple-fee-mortgage.com Website
Except where we specify otherwise, First Capital Mortgage, LLC offers you access to the simple-fee-mortgage.com Web Site solely for your personal and non-commercial uses. You promise that you will not use the simple-fee-mortgage.com Web Site, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from thesimple-fee-mortgage.com Web Site. This means, among other activities, that you agree not to engage in the practices of "screen scraping," "database scraping," or any other similar activity. You agree that you will not use the First Capital Mortgage, LLCmortgage.com Web Site in any manner that could damage, disable, overburden, or impair the simple-fee-mortgage.com Web Site or interfere with any other party's use and enjoyment of the simple-fee-mortgage.com Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the simple-fee-mortgage.com Web Site.
If and when requested by simple-fee-mortgage.com , you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of First Capital Mortgage, LLCmortgage.com, you agree that you will not access or attempt to access password protected, secure or non-public areas of the First Capital Mortgage, LLCmortgage.com Web Site.
You agree that First Capital Mortgage, LLC may in its sole discretion and at any time terminate your access to and use of the First Capital Mortgage, LLCmortgage.com Web Site, or any part thereof, with or without notice.
The simple-fee-mortgage.com Web Site contains content and information originated by First Capital Mortgage, LLC, affiliates of First Capital Mortgage, LLC or unaffiliated third parties. First Capital Mortgage, LLC makes available such content and information through the simple-fee-mortgage.com Web Site as a public service, for the sole purpose of aiding you, the individual consumer. First Capital Mortgage, LLC, therefore, cannot guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such information. You are responsible for confirming the sufficiency and reliability of any such information. This means, for example, that all of the information and materials contained in the simple-fee-mortgage.com Web Site-including any terms and conditions necessary to obtain a loan or other products or services-are subject to change at any time. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final First Capital Mortgage, LLC determination and acceptance.
E-Signatures and Communications
All electronic communications, including any electronic signatures or identifiers of First Capital Mortgage, LLC, are being transmitted solely for informational purposes. By making an electronic communication, First Capital Mortgage, LLC specifically does not intend to agree, bind, or otherwise consent to any matter for any purpose whatsoever, including loan approval, and does not intend that the electronic communication, or any related or associated electronic media or data, to constitute, or to be deemed to constitute, an electronic signature pursuant to any state or federal law or regulation that authorizes the use of electronic signatures.
Disclaimer
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING, BUT NOT LIMITED TO, CONTENT PROVIDED BY First Capital Mortgage, LLC, AN First Capital Mortgage, LLC AFFILIATE OR A THIRD PARTY THROUGH THE First Capital Mortgage, LLCMORTGAGE.COM WEB SITE IS AT YOUR SOLE RISK. SUCH INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. First Capital Mortgage, LLC MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION. First Capital Mortgage, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. First Capital Mortgage, LLC SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH INFORMATION OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON SUCH INFORMATION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE First Capital Mortgage, LLCMORTGAGE.COM WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Indemnification
YOU AGREE TO INDEMNIFY AND HOLD First Capital Mortgage, LLC AND ITS, SUPPLIERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING
OUT OF ANY INFORMATION, INCLUDING, BUT NOT LIMITED TO, INFORMATION PROVIDED VIA THE simple-fee-mortgage.com WEB SITE.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THE First Capital Mortgage, LLCMORTGAGE.COM WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. First Capital Mortgage, LLC, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME.
IN NO EVENT SHALL First Capital Mortgage, LLC, First Capital Mortgage, LLC'S AFFILIATES OR THIRD PARTIES, INCLUDING SUPPLIERS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE simple-fee-mortgage.com WEB SITE, WITH THE DELAY OR INABILITY TO USE THE simple-fee-mortgage.com WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE First Capital Mortgage, LLCMORTGAGE.COM WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE simple-fee-mortgage.com WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF First Capital Mortgage, LLC, First Capital Mortgage, LLC'S AFFILIATES OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE simple-fee-mortgage.com WEB SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING simple-fee-mortgage.com WEB SITE.
Without limiting the foregoing, you agree to indemnify, defend and hold harmless First Capital Mortgage, LLC, its partners, affiliates, subsidiaries and suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees) related to your violation of this Agreement.
MISCELLANEOUS
This Agreement is governed by the laws of the State of Tennesse. You agree and consent to the exclusive jurisdiction and venue of courts sitting in Tennessee in all disputes arising out of or relating to the use of the simple-fee-mortgage.com Web Site. Use of the simple-fee-mortgage.com Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and simple-fee-mortgage.com as a result of this Agreement or use of the simple-fee-mortgage.com Web Site. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and First Capital Mortgage, LLC with respect to the simple-fee-mortgage.com Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and First Capital Mortgage, LLC respect to the simple-fee-mortgage.com Web Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. |
