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TERMS OF SERVICE MOJOMO INC. DBA Olsen Financial Consulting (referred to as “the Company”, “we”, “us”; or “our”) operates this website at www.olemortgage.com ("the Website"). By visiting or using this website or any of its pages, you agree to be bound by these Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. DESCRIPTION OF SERVICES We provide general information on mortgage loans and related consumer financial services. We also provide offers and forms from third parties for mortgage loans and related consumer financial services. We utilize the technology and services of SecureRights (www.securerights.org) for the mortgage quote forms made available through our website. SecureRights is an "independent third party verification service that is dedicated to combating fraud and protecting consumer privacy". By submitting a mortgage quote using one of the forms made available through our site, you agree to SecureRights' Privacy Policy located at www.securerights.org/privacy.html, and you acknowledge that the information you provide is not an application for a mortgage loan or credit. You also grant permission for up to 4 lending partners to contact you by phone even if you are on the Do Not Call Registry. For license information, please visit http://www.securerights.org/licenses.html. We are not a lender or mortgage broker and we do not make, broker or approve loans. We do not pull or access your credit report, we do not verify the information you provide, we do not make credit decisions and we do not guarantee any services provided by third parties. We are not a tax advisor and do not give tax advice. Please refer to your tax advisor for tax guidance. Please see our Privacy Policy for more information. CONTENT All content on this site is the property of the Company and is protected by U.S. and international law, including, but not limited to all graphics, code and software incorporated into, used on, or offered via this site, service and trade marks, and trade dress. You may view the site and may print pages of the site solely in relation to your placement of an order on the site. Otherwise you may not reproduce any portion of the site without the express written permission of the Company. We do not consider page caching that is performed automatically by your browser to be a violation of this provision. INFORMATION ABOUT YOU When you submit information about yourself or your company to us, either via this site or otherwise, we will use the information as described in our Privacy Policy. Other than information necessary to place an order or to provide the service you have requested, we do not want to receive confidential, proprietary or trade secret information through the site. Except as described in the Privacy Policy, any information you submit will be deemed non-confidential and your submission of the information is a grant to us of an irrevocable and unrestricted license to reproduce, transmit, display and distribute the information for any purpose whatsoever. ADVERTISERS Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through our 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. You agree that we shall not be 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 advertisers on our website. LINKS Our website contains, and third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that MOJOMO 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. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be 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. Please see our Privacy Policy for more information. INDEMNIFICATION You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents, employees, partners and licensors (each such person being an Indemnified Party) harmless from any and all losses, claims, damages, demands or liabilities, including reasonable attorneys' fees, to which the Indemnified Party may become subject under any applicable law, or otherwise, and related to, arising out of, or in connection with the Services provided by us, information you provide or otherwise make available, your use of our Services, your connection to our Services, your violation of the Terms of Service, or your violation of any rights of another. TERMINATION You agree that the Company may terminate your Account and/or access to the Service for reasons including, but not limited to, breaches or violations of these Terms of Service or the Company's Privacy Policy, a request by you to terminate your Account, discontinuance or material modification to the Services, unexpected technical issues or problems, extended periods of inactivity and requests by law enforcement or other government agencies. SECURITY POLICY Although The Company has taken reasonable and appropriate measures to ensure that your personal information is delivered and disclosed only in accordance with your instructions, we cannot and do not guarantee that the personal information you provide will not be intercepted by others and decrypted. Please review our Privacy Policy for more information on what data we collect and how your information might be used. COMMUNICATION We may send communications including service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. Further, Company reserves the right to send electronic mail "e-mail" to you, informing you of changes or additions to the Terms of Service. NO WARRANTY YOUR USE OF THIS WEBSITE AND OUR SERVICES IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE COMPANY MAKES NO REPRESENTATIONS WHATSOEVER REGARDING THE ACCURACY, RELIABILITY OR USEFULNESS OF OUR SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE INCLUDING EMAIL WE SEND YOU IS ACCESSED 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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE OR OUR SERVICES; (ii) ANY E-MAIL SENT BY THE COMPANY OR YOUR PURCHASE OF OR USE OF A PRODUCT OR SERVICE OFFERED VIA THE WEBSITE; (iii) 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 OR OUR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE WEBSITE OR OUR SERVICES. UNLESS AND TO THE EXTENT APPLICABLE LAW PROHIBITS THIS LIMITATION, THE COMPANY’S LIABILITY FOR ANY CLAIM RELATED TO YOUR USE OF THE WEBSITE OR ANY E-MAIL SENT BY THE COMPANY, OR YOUR PURCHASE OF OR USE OF A PRODUCT OR SERVICE OFFERED VIA THE WEBSITE, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE PRODUCT OR SERVICE, OR U.S. $5.00. APPLICABLE LAW This Terms of Service shall be governed by the laws of the state of California, excluding its conflicts of law provisions, and the laws of the United States of America as applicable. You agree to submit to the jurisdiction of courts sitting in the State of California for all purposes. Sole and exclusive venue for any dispute arising under or relating to this agreement shall be in a court sitting in Riverside, California. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. MODIFICATIONS We reserve the right to make changes to this Terms of Service at any time. The site may contain errors or may not be complete or current including errors as to pricing and availability. We reserve the right to refuse in good faith to process any order based on errors as to pricing, availability or other material facts. We also reserve the right to modify or discontinue any aspect or service of this site at any time without notice to you. CONTACT Please visit our Contact Us page should you need to contact us regarding this Terms of Service. Updated 12/12/07. |
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