TERMS OF USE
BETWEEN USER AND LEXINGTON HOME LOANS & www.lexingtonhl.com
Please read this agreement (“Agreement”) carefully before accessing or using this website (“Site”). By accessing or using the Site, you agree to be bound by this Agreement. Lexington Home Loans & www.lexingtonhl.com and its suppliers provide the information and services on this Site to you, the user, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Site constitutes your agreement to all such terms, conditions, and notices.
The information and services offered on this Site are provided with the understanding that neither Lexington Home Loans & www.LexingtonHL.com nor its suppliers or users are engaged in rendering legal or other professional services or advice. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout the Site.
Lexington Home Loans & www.LexingtonHL.com and its agents assume no responsibility for an y consequence relating directly or indirectly to any action or inaction that you take based on the information, services, or other material on this Site. While Lexington Home Loans & www.LexingtonHL.com and its suppliers strive to keep the information on this Site accurate, complete, and up-to-date. Lexington Home Loans & www.LexingtonHL.com and its suppliers cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness, or timeliness of the information. By using this Site or downloading materials from this Site, you agree to abide by the terms and conditions set forth in this notice and not to interrupt or attempt to interrupt the operation of the Site in any way. IF you do not agree to abide by these terms and conditions please exit this Site and do not download materials from the Site.
Please read this Agreement carefully before accessing or using this Site. By accessing our using the Site, you agree to be bound by this Agreement. Lexington Home Loans & www.LexingtonHL.com and its suppliers provide the information and conditions, and notices contained herein. Your use of this Site constitutes your agreement to all such terms, conditions, and notices.
The information and services offered on this Site are provided with the understanding that neither Lexington Home Loans & www.LexingtonHL.com not its suppliers or users are engaged in rendering legal or other professional services or advice. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout the Site.
Lexington Home Loans & www.LexingtonHL.com and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services, or other materials on this Site. While Lexington Home Loans & www.LexingtonHL.com and its suppliers strive to keep the information on this Site accurate, complete, and up-to-date. Lexington Home Loans & www.LexingtonHL.com and its suppliers cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness, or timeliness of the information.
Personal and Non-Commercial Use Limitation: Prohibited Uses
You may access, download, and print materials on the Site for your personal and non-commercial use. You may not modify, copy, or 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 obtained from this Site. The foregoing prohibition expressly includes, but not limited to, the practices of “screen scraping” or “database scraping” to obtain lists of users or other information. If and when requested by Lexington Home Loans & www.LexingtonHL.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 Lexington Home Loans & www.LexingtonHL.com, you agree to refrain from accessing or attempting to access password protected, secure, or nonpublic areas of this Site. Unauthorized individuals attempting to access prohibited areas of this Site may be subject to prosecution.
Copyright, Trademark and Other Intellectual Property Protection
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LEXINGTON HOME LOANS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OF THE RELIABILITY OF ANY ADVICE, OPINIO, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. LEXINGTON HOME LOANS RESERVES THE RIGHT, IN ITS SOLE DISCRETION. TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE, LEXINGTON HOME LOANS MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT PRIOR OR SUBSEQUENT NOTICE. THE SITE AND THE CONTENTS OF THIS SITE ARE PROVIDED ON AN AS IS; AND AS AVAILABLE BASIS. LEXINGTON HOME LOANS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR FREEDOM FROM MALICIOUS PROGRAMS (SUCH AS VIRUSES, WORMS OR TROJAN HORSES) OR IMPLIED WARRANTIES OF MECHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITH RESPECT TO THIS SITE OR ITS CONTENTS AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES. LEXINGTON HOME LOANS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION CONTAINED IN THIS SITE IS ACCURATE, COMPLETE OR UP-TO-DATE, THAT THIS SITE IS FREE OF DEFECTS OF THAT ANY DEFECTS WILL BE REMEDIED. BY USING THIS SITE, YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL LOSS OF EQUIPMENT AND/OR SOFTWARE THAT YOU USE IN CONNECTION WITH THIS SITE AND THAT LEXINGTON HOME LOANS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF, CAUSED BY OR RELATED TO YOUR USE OF THIS SITE. WHERE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SOME OR ALL OF THE FOREGOING DISCLAIMERS OF WARRANTY MAY NOT APPLY TO YOU.
Proprietary Rights
All materials on this Site (as well as the organization and layout of the Site) are owned and copyrighted or licensed by Lexington Home Loans & www.LexingtonHL.com and its affiliates or its suppliers. Copyright Lexington Home Loans & www.LexingtonHL.com, 2012. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials at this Site is permitted without the written permission of Lexington Home Loans & www.LexingtonHL.com.
Liability Disclaimer
You use this Site at your own risk. If your use of this Site or the materials therein results in the need for servicing or replacing property, material equipment, or data, neither Lexington Home Loans & www.LexingtonHL.com nor its affiliates are responsible for those costs.
THE INFORMATION SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERROR; CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Lexington Home Loans & www.LexingtonHL.com, ITS AFFLIATES, AND/OR ITS RESPECTIVE SUPPLIERS MAY WITHOUT PRIOR NOTICE MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE INCLUDING BUT NOT LIMITED TO THE INFORMATION, SERVICES, PRODUCTS, OR OTHER MATERIAL AT ANY TIME. ALL INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL Lexington Home Loans & www.LexingtonHL.com, ITS AFFLIATES, AND/OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS, AND/OR SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF Lexington Home Loans & www.LexingtonHL.com, ITS AFFILIATES, OR ANY OF ITS SUPPLIERS 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.
Disclaimer
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LEXINGTON HOME LOANS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. LEXINGTON HOME LOANS RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSIONS IN ANY PORTION OF THE SITE. LEXINGTON HOME LOANS MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT PRIOR SUBSEQUENT NOTICE. THIS SITE AND THE CONTENTS OF THIS SITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. LEXINGTON HOME LOANS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR FREEDOM FROM MALICIOUS PROGRAMS SUCH AS VIRUSES, WORMS OR TROJAN HORSE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPOECT TO THIS SITE OR ITS CONTENTS AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES. LEXINGTON HOME LOANS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION CONTAINED IN THIS SITE IS ACCURATE, COMPLETE OR UP-TO-DATE, THAT THIS SITE IS FREE OF DEFECTS OR THAT ANY DEFECTS WILL BE REMEDIED. BY USING THIS SITE, YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL LOSS OF USE, LOSS OF DATA AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT AND/OR SOFTWARE THAT YOU USE IN CONNECTION WITH THIS SITE, AND THAT LEXINGTON HOME LOANS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR ANY KIND WHATSOEVER ARISING OUT OF, CAUSED BY RELATED TO YOUR USE OF THIS SITE, WHERE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SOME OR ALL OF THE FOREGOING DISCLAIMERS OF WARRANTY NOT APPLY TO YOU.
No Unlawful OR Prohibited Use
As a condition of your use of this Site, you warrant to Lexington Home Loans & www.LexingtonHL.com that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. If you violate any of these terms, your permission to use the Site automatically terminates.
Third Party Sites
While on this website, you may be led to other websites operated by parties other than Lexington Home Loans & www.LexingtonHL.com or its affiliates. Inclusion of hyperlinks by Lexington Home Loans & www.LexingtonHL.com to website does not imply any endorsement of the material on such websites or any association with their operators, and you access and use such sites, including information, material products, and services therein, solely at your own risk. We are not responsible for the quality or results or any product or service provided by these companies. Review their products and services carefully. Furthermore, because the Lexington Home Loans & www.LexingtonHL.com privacy policy is applicable only when you are on the Site, once linked to another website, you should read that site’s privacy policy before disclosing any personal information. Their own privacy policies may be different than ours. We are not responsible for the use of the information that you give these third parties. As a convenience to you, LEXINGTON HOME LOANS may provide, on this Site, links to websites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or content or material contained, in or obtained through, any such sites, LEXINGTON HOME LOANS makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that LEXINGTON HOME LOANS or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of LEXINGTON HOME LOANS or any of its affiliates or subsidiaries. Any questions or comments relating to such other sites should be addressed to the operator or operators of those sites.
Information Provided By You
LEXINGTON HOME LOANS does not want you to, and you should not, send any confidential or proprietary information to LEXINGTON HOME LOANS via the Site. You agree that any and all comments, messages, postings, data, suggestions, creative ideas, designs, concepts, product suggestions and other items or materials disclosed, submitted or offered to LEXINGTON HOME LOANS through or in connection with this Site, including, but not limited to, survey responses, shall be treated as non-confidential and not proprietary and shall become, and remain, LEXINGTON HOME LOANS’s property. Such disclosure, submission or offer of any Submission shall constitute an assignment to LEXINGTON HOME LOANS of all rights, title and interests in all copyrights and other rights in the Submission. LEXINGTON HOME LOANS is, and shall be, under no obligation (i) to maintain any Submission in confidence; (ii) to pay to anyone any compensation for in connection with the use of any Submission; or (iii) to respond to any Submission. You represent and warrant that not Submission by you will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making any Submission through, in connection with or related to this Site, you agree that LEXINGTON HOME LOANS has the right (but not the obligation) to copy, publish, distribute or use such Submission, or any part or parts thereof, for any purposes, without compensation to you or to any other person. LEXINGTON HOME LOANS does not, cannot and will not agree to consider or review every Submission, and is not liable or responsible for the content of any material posted on this Site by users. You agree to upload, post, distribute or otherwise publish on this Site any material that (i) is libelous, defamatory obscene, abusive, pornographic, threatening or an invasion of privacy; (ii) infringes the intellectual property rights, including, but not limited to, any copyright, patent, trade secret or trademarks, of any person or entity; (iii) is illegal in any way or advocates illegal activity; or (iv) advertises or solicits funds, goods or services. You are and shall remain solely responsible for the content of any Submission you make.
Limitations of Damages
IN NO EVENT SHALL LEXINGTON HOME LOANS OF ANY OF ITS SUBSIDIARIES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF LEXINGTON HOME LOANS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnity
You agree to defend, indemnify and hold harmless LEXINGTON HOME LOANS, its affiliates and their officers, directors, employees and shareholders from and against any and all claims, damages, losses, costs and expenses, including, but not limited to, reasonable attorneys’ fees and court costs, arising from or related to your use of this Site. You shall indemnify LEXINGTON HOME LOANS and keep Site indemnified against all actions, claims, losses, costs (including all legal costs actually incurred or otherwise), damages and expenses that are suffered or incurred by Site whether reasonable or otherwise foreseeable or avoidable which arise directly or indirectly from any breach or alleged breach by you of any of these Terms and Conditions.
Changes Agreement
Lexington Home Loans & www.LexingtonHL.com may modify this Agreement at any time and such modifications shall be effective immediately upon posting of the modified Agreement at any time and such modifications shall be effective immediately upon posting the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified Agreement.
International Users and Choice of Law
This Site is controlled, operated and administered by LEXINGTON HOME LOANS from its office within the United States of America, LEXINGTON HOME LOANS makes no representation that materials at this Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the materials in violation of the U.S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws. These Terms and Conditions of use shall be governed by the laws of the State of California, without giving effect to its conflict of law’s provisions. This Agreement constitutes the entire agreement between LEXINGTON HOME LOANS and you with respect to your use of the Site. You agree that regardless of any statue or law to the contrary, any claim or cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. Failure by LEXINGTON HOME LOANS to insist upon strict enforcement shall not be construed as a waiver of any provision or right. By using this Site, you hereby agree to waive jury trial and submit any dispute arising under these terms and conditions to arbitration in the County and City of Irvine, California.
Miscellaneous & Entire Agreement
This Agreement and the resolution of any dispute related to this Agreement or this Site shall be governed by the construed in accordance with the laws of California without giving effect to any principals of conflicts of law. Failure by Lexington Home Loans & www.LexingtonHL.com or its affiliates to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. 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. Any legal action or proceeding between Lexington Home Loans & www.LexingtonHL.com and/or its affiliates and you related to this Agreement shall be brought exclusively in federal district court. These conditions, together with those incorporated herein or referred to herein constitute the entire agreement between you and LEXINGTON HOME LOANS relating to the subject matter hereof , and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter.
