TERMS AND CONDITIONS FOR USE OF THE HCI WEBSITE
When you use the web site located at http://www.bayrockmortgage.com (the "HCI
site"), you are agreeing to be bound by these terms of use, and you
acknowledge that such agreement constitutes a binding contract between you
and HCI. If you do not wish to be bound by these terms of use, do not visit
or use the HCI site.
HCI reserves the right to periodically change the information contained
within these terms and conditions without notice; therefore, you should periodically
review these terms and conditions to maintain awareness of such changes.
USE AND LIMITATIONS OF THE HCI SITE
Except where HCI specifies otherwise, HCI gives you the ability to access
the HCI site solely for your personal and non-commercial uses. You agree
that you will not use the HCI site, in whole or in part, for any purpose
that is unlawful in any jurisdiction or that is 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 website, transfer or sell any information,
software, lists of users, databases or other lists, products or services
provided through or obtained from the HCI 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 HCI site in any manner that could damage, disable, overburden, or
impair the HCI site or interfere with any other party’s use and enjoyment
of the HCI site. You agree not to obtain or attempt to obtain any materials
or information through any means not intentionally made available or provided
for through the HCI site.
If and when requested by HCI, 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 HCI, you agree that you will not access or attempt to access password-protected,
secure or non-public areas of the HCI site.
By using the website, you agree that you understand that you also may
not do any of the following:
- Use the HCI site in a manner that will infringe the copyright, trademark,
trade secret or other intellectual property rights of others, or violate
the privacy, publicity or other personal rights of others.
- Impersonate another person or provide incorrect or fraudulent information
in connection with any page of the HCI site.
- Attempt to interfere with service to any user, host or network, including,
without limitation, by means of uploading, posting or sending any viruses,
Trojan horses, worms, time bombs, cancelbots or other computer programming
routines or engines that are intended to damage, interfere with, surreptitiously
intercept or expropriate any system, data or information, including by overloading, "flooding," "spamming," "mailbombing",
or "crashing” it.
- Use any device, software, or routine to interfere or attempt to interfere
with the proper working of the HCI site or any activity being conducted
on the HCI site.
- Take any action that imposes an unreasonable or disproportionately large
load on the HCI Site's infrastructure.
- Use or attempt to use any engine, software, tool, agent, or other device
or mechanism (including without limitation browsers, spiders, robots, avatars,
or intelligent agents) to navigate or search the HCI site other than the
search engine and search agents available from HCI on the HCI site and other
than generally available third-party web browsers.
- Attempt to decipher, decompile, disassemble or reverse engineer any
of the software comprising, or in any way making up, any part of the HCI
site.
- Access any content not intended for your use or log into a server or
account that you are not authorized to access.
- Attempt to probe, scan or test the vulnerability of a system or network
or to breach security or authentication measures without proper authorization.
- Forge any TCP/IP packet header or any part of the header information
in any e-mail or newsgroup posting.
Actions that contravene these prohibitions or that otherwise compromise
the security of the HCI site, HCI's system, or network may result in civil
or criminal liability. HCI may investigate suspected compromises of its security,
take any action it deems necessary or appropriate in response to any contravention
of these prohibitions or in response to security compromises, and cooperate
with law enforcement authorities in prosecuting users who are involved in
such compromises and/or violations.
You agree that HCI may, in its sole discretion and at any time, terminate
your access to and use of the HCI site, or any part thereof, with or without
notice.
SIGNATURES AND COMMUNICATIONS
All electronic communications, including any electronic signatures or
identifiers of HCI, are transmitted solely for informational purposes. By
making an electronic communication, HCI specifically does not intend to agree,
bind, or otherwise consent to any matter for any purpose whatsoever, including
loan approval or loan commitment, 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.
TRADEMARKS, SERVICE MARKS AND COPYRIGHT
Copyright in the HCI site and in the information and material therein
and in arrangement thereof, is owned by HCI unless otherwise indicated. The
copyrighted materials on the HCI site include, but are not limited to, the
text, design, software, images, graphics, source code, and the content on
the HCI site. You are authorized to view the information available on the
HCI site for your informational purposes only. BayRock Consumer Direct INC., HCI and
the HCI logo are service marks of and are owned by HCI. HCI also may claim
trademark and service mark rights in other marks contained in the HCI site.
DISCLAIMER AND LIMITATIONS OF LIABILITY
You expressly understand and agree that:
Your use of and reliance upon any and all information, including,
but not limited to, content provided by HCI, an HCI affiliate or a third
party through the HCI site is at your sole risk. Such information is provided
on an “as is” and “as available” basis. HCI 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. You are responsible for
confirming any such information. Any and all parts of the HCI site 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 HCI determination and acceptance. HCI expressly disclaims
all warranties of any kind, whether express or implied, including, but not
limited to, the implied warranties or merchantability, fitness for a particular
purpose and non-infringement. HCI shall have no liability to you for any
other use 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 HCI 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.
You acknowledge that HCI, its affiliates, their respective employees, agents,
third party content providers, and licensors do not warrant that the services
of the HCI site will be uninterrupted or error-free.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY AND HOLD HCI AND ITS SUPPLIERS, AFFILIATES, SUBSIDIARIES,
EMPLOYEES, AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS ARISING
OUT OF YOUR USE OF THE HCI SITE, YOUR FAILURE TO USE THE HCI SITE AND YOUR
BREACH OR ALLEGED BREACH OF THESE TERMS AND CONDITIONS
These Terms and Conditions are governed by the laws of the State of Georgia,
without regard to its conflict of laws principles. You hereby consent to
the exclusive jurisdiction and venue of the state and federal courts within
Atlanta, Georgia, for any claims arising out of or relating to your use of
the HCI site or these Terms and Conditions. If any provision of these Terms
and Conditions is found to be invalid or unenforceable by any court having
competent jurisdiction, then the invalid or unenforceable provision will
be deemed superseded by a valid and enforceable provision that most closely
matches the intent of the original, and the remainder of the agreement shall
remain in full force and effect. No waiver of any term of these Terms and
Conditions shall be deemed a further or continuing waiver of such term or
any other term. Except as expressly provided in additional terms of use for
areas of the HCI site or elsewhere, these Terms and Conditions constitute
the entire agreement between you and HCI with respect to your use of the
HCI site. No changes to these Terms and Conditions shall be made except by
a revised posting on this page.
You agree that no joint venture, partnership, employment, or agency relationship
exists between you and HCI as a result of this Agreement or use of the website.
Unless otherwise specified herein, this Agreement constitutes the entire
agreement between you and HCI with respect to the website and it supersedes
all prior or contemporaneous communications and proposals, whether electronic,
oral or written, between you and HCI with respect to the website. 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.
Certain areas of the HCI site may be subject to additional terms of use.
By using such areas, or any part thereof, you agree to be bound by the additional
terms of use applicable to such areas. In the event that any of the additional
terms of use governing such areas conflict with the Terms and Conditions
contained herein, these Terms and Conditions shall control.
LAST UPDATE
These terms and conditions were last updated on 6/01/06