1. OWNERSHIP OF CONTENT. You acknowledge and agree that all content is protected by various intellectual property laws. You do not acquire any rights to the content by downloading or viewing it. You agree not to copy or distribute any of the content or Services.
2. ELIGIBILITY. Our Services are for users who are 18 years of age or older. Do not use them if you are under 18. By using our Services, you represent you are 18 or older and that you agree to and will abide by all of the terms and conditions of this TOU.
3. COMMUNICATIONS AND AFFILIATE SHARING. You expressly consent to having us, our affiliates, agents or representatives, and potentially non-affiliated third parties, contact you about any inquiry or application initiated via our website by text message, email, or phone (including use of an automatic telephone dialing system or an artificial or pre-recorded voice) to the residential or cellular telephone number you have provided, even if the telephone number is on a corporate, state, or national Do Not Call Registry. You do not have to agree to receive such calls or messages as a condition of getting any Services from us. You also consent to us contacting you through the email address you have provided us. If you want to opt out of receiving marketing information by email, telephone, text message, and/or mail, please call (888) 848-5355 or by email at email@example.com.
By accepting this TOU, you acknowledge and agree that we may share the information that you provide us, including, but not limited to, your full name, birth date, address, telephone number, email address, and social security number, to our affiliates so that we may respond to your inquiry. You can limit certain sharing between affiliates and with non-affiliates by contacting us as described above. Additionally, if you are accessing our website by way of a non-affiliated lender with which we have an agreement, we will not solicit you to offer any Services other than those for which your lender or you have asked us to provide.
4. RECORDING & MONITORING OF COMMUNICATIONS. Your communications with Company or any of its affiliates by chat, email, text message, and telephone may be recorded or monitored and by using such communications methods you are consenting to the recording or monitoring of the same.
5. LOCATION AND GOVERNING LAW. We provide Services from within the United States of America. The website(s) and our Services provide information regarding services and products that are made for use in the United States. We offer no services outside of the United States.
Michigan law, without giving effect to its principles of conflicts of law, governs the interpretation of this agreement and all adversarial proceedings arising from this TOU or our websites or Services. Any action at law or in equity arising out of or relating to this TOU or the use of this website must be filed and resolved only in a state or federal court located in Wayne County, Michigan.
7. PERMITTED USES.
You may only use our website to conduct business with us:
You may not:
• interfere with or induce a breach of the contractual relationships between any one of us and our employees;
• engage in illegal or prohibited actions, or actions that may harm others or their property;
• transmit any advertisements, solicitations, schemes, spam, flooding, or other unsolicited email or unsolicited commercial communications;
• introduce harmful or disabling computer codes or viruses;
• harvest email addresses from this website or any of our Services;
• use technology or software that interferes with our systems or services;
• use technology or software to gain or attempt to gain unauthorized access to our computer systems and network;
• provide your user name, password, or other credentials to any unauthorized user to gain or attempt to gain unauthorized access to our Services, computer systems and network;
• visit or cause a visit to this website or our Services for the purpose of manipulating the results of any Internet search engine;
• impersonate or otherwise misrepresent your affiliation with any person or entity;
• harm, threaten, harass, abuse, or intimidate another person in any way;
• dilute or depreciate the name and reputation of Company;
• transmit or upload any content or images that infringes any third-party’s intellectual property rights or invades any third-party’s right of privacy; or
• unlawfully transmit or upload any confidential, proprietary, or trade secret information.
8. COPYRIGHT COMPLAINTS
If you believe that any material on this website or our Services infringes upon any copyright that you own or control, you may send a written notification to us via email at ClientRelations@amrock.com, or via regular mail at Amrock, Inc., Attn: Legal Team, 662 Woodward Avenue, Detroit, Michigan 48226. In your notification, please:
• confirm you are the owner, or are authorized to act on behalf of the owner, of the copyrighted work that has been infringed;
• identify the copyrighted work or works you claim have been infringed;
• identify the material that you claim is infringing or is the subject of infringing activity and that is to be removed (please include information reasonably sufficient to permit us to locate the material);
• provide your contact details, including an email address; and
• provide a statement that the information you have provided is accurate and that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
9. INDEMNIFICATION. You agree to defend and hold harmless the Company, and our affiliates, officers, directors, employees, and third-party suppliers from and against any and all third party actions, suits, claims, and demands and any associated losses, expenses, damages, costs, and other liabilities (including reasonable attorneys’ fees), arising out of or relating to your submitted content, use or misuse of any aspect of the Services, our websites, or your violation of this TOU. You will cooperate as fully as reasonably required in the defense of any such claim or demand. We and any third-party involved in creating, producing, or delivering our website and/or the Services reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense, and you will not in any event settle any such matter without our prior written consent and that of any such third-party.
10. SEVERABILITY AND WAIVER. You agree that if any provision of this TOU is found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of this TOU and shall not affect the validity and enforceability of such other provisions. Our failure to exercise or enforce any right or provision in this TOU shall not constitute a waiver of such right or provision.
11. NOTIFICATIONS. We may provide you with notices via email and regular mail at the most recent address you have provided, or through posting information on this website or our Services.
12. NO WARRANTY; ERRORS; DISCLAIMERS. Although we will try to provide accurate information, the website and our Services are provided “as is.” We make no representations or warranties, whether express or implied. We and our affiliates, officers, directors, and employees, disclaim any and all representations, warranties, or guarantees of any kind, whether express, implied, or statutory, relating to the website and our Services, or any documentation provided or made available to you, including, but not limited to, any warranties: (i) about title, merchantability, fitness for ordinary purposes, fitness for a particular purpose, non-infringement, system integration, and workmanlike effort; (ii) about the quality, accuracy, timeliness, or completeness of the Services or any aspect thereof; (iv) about the website or Services conforming to any function, demonstration, or oral promise; and (v) that access to or use of the website and/or Services will be uninterrupted, error-free, or completely secure.
13. LIMITATION OF LIABILITY. You agree that all access to and your use of the website and our Services and their respective content are at your own risk. You agree that you will bear the entire cost of all servicing, repair, correction, or restoration that may be necessary for your data, software programs, or computer equipment because of any viruses, errors, or other problems you may have as a result of using or visiting this website or our Services.
We are not liable for any indirect, incidental, special, consequential, exemplary, punitive, or other damages, arising out of, based on, resulting from, or in connection with the website or our Services, this agreement or your use or inability to use any of the foregoing, even if we have been advised of the possibility of such damages.
No action arising out of or pertaining to these terms of service may be brought more than one (1) year after the cause of action has arisen.
14. ACCESS TO WEBSITE AND THE SERVICES. We reserve the right, in our sole discretion and without notice to you, to deny you access to and use of the website and our Services.
15. ACCESS TO THIRD-PARTY SITES. You may direct us to retrieve information maintained online by third-parties that are not affiliated with us, but with which you have a relationship, maintain accounts, or engage in financial transactions (“Third-Party Account Information”). We work with one or more online service providers to access this Third-Party Account Information. We are not responsible for the Third-Party Account Information or products and services offered by or on third-party sites or the currency, availability or accuracy of their information.
16. LINKING. The website and our Services may provide links to other websites and services (“Third-Party Websites”). By providing a link, we do not endorse, approve, sponsor, or control, and we are not in any way responsible for, any of the content, services, calculations, information, products, or materials that you may receive through any Third-Party Websites. Through use of this website or the Services, you acknowledge and agree that we are not liable to you or any other person for any damages or claims that might result from such content, services, calculations, information, products, or materials accessed via Third-Party Websites.
17. REVISIONS AND MODIFICATIONS. We reserve the right to temporarily or permanently modify or discontinue the website or the Services, or any portion of the website or the Services, for any reason, without notice. We may also change this TOU from time to time. By continuing to access the website or the Services after any modifications have become effective you agreed to the modified TOU. You further acknowledge and agree that individual modifications to this TOU are not permitted and will not be effective.