IMPORTANT: PLEASE READ THE TERMS of SERVICE CAREFULLY BEFORE CONTINUING to use this Website.
As between you and ourselves, the Service is the sole and exclusive property of ClosingMark. You will not acquire any rights in connection with the Service, or any individual components or elements of the Service, through your use.
USER GENERATED CONTENT
You may be able to share content about ClosingMark on third party social media sites which feed such content to our Service or social media sites. You are solely responsible for all such content, including images, graphics, testimonials, text, links, messages (including those on social media and via e-mail to ClosingMark ) and other materials ("UGC"). By sharing UGC in any manner with ClosingMark, you automatically grant and represent and warrant that you have the right to grant to us, our affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such UGC for any purposes (including for marketing and promoting ClosingMark), and to grant and authorize sublicenses of the foregoing. In addition, by sharing your UGC, you are permitting ClosingMark to publish your name in connection with your UGC.
No compensation will be paid with respect to the use of your UGC, unless expressly and otherwise agreed between you and ClosingMark in a written agreement. ClosingMark has no obligation to use any USG. ClosingMark reserves the right to edit, block or remove any UGC from its Service or its social media sites for any or no reason, including if it determines in its sole and absolute discretion to violate any of the following prohibitions. Without limiting anything herein, you are prohibited from posting any UGC that:
- Is defamatory, obscene, pornographic, abusive, harassing, offensive, profane, or otherwise in violation of any law or right of any third party;
- Is false, inaccurate, misleading, or fraudulent;
- Infringes any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
- Violates any applicable law, statute, ordinance or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- Contains personal identifying information of any person other than you; and
- Contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to interrupt, destroy, damage, detrimentally interfere with, limit the functionality of, surreptitiously intercept, or expropriate any system, data, or personal information, or the operation of any computer or computer program, including, without limitation, any mechanism for overloading, “flooding,” “spamming,” “mail bombing” or “crashing” our Service or any system, or intended to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services.
RIGHTS AND OWNERSHIP
- Intellectual Property Unless otherwise noted, the design of our Service, our Service as a whole, and all materials that are part of our Service (collectively, “Contents”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by ClosingMark or its subsidiaries and affiliates. No right, title or interest in any of the information, material, or other Contents of this Website is granted to you under any circumstances, and ClosingMark reserves and retains all intellectual property rights in and to our Website and its Contents. Linking or framing to this Website or any of its Contents is prohibited without the prior written permission of ClosingMark.
- User Generated Content. You acknowledge that UGC may be used as testimonials or for other marketing purposes.
- Photography & Filming. By entering any event premises, you consent to photography, audio recording, video recording and its/their release, publication, exhibition, or reproduction to be used for promotional purposes, advertising, inclusion on websites, social media, or any other similar purpose by ClosingMark. You release ClosingMark, its officers, employees and agents from any liability connected with the taking, recording, digitizing, or publication and use of photographs, computer images, video and/or sound recordings. By entering the event premises, you waive all rights you may have to any claims for payment or royalties in connection with any use, exhibition, streaming, web casting, televising, or other publication of these materials, regardless of the purpose. You also waive any right to inspect or approve any photo, video, or audio recording taken by ClosingMark or the person or entity designated to do so by ClosingMark. No photo or video will be published if publication of such photo or video would be offensive to people of ordinary sensibilities or is defamatory. You have been fully informed of your consent, waiver of liability, and release before entering ClosingMark' property or hosted event.
- Except as expressly noted herein, you may not copy, reproduce, publish, upload, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or our Website, except that you may display and, subject to any expressly stated restrictions or limitations relating to specific Content, download or print portions of the Content solely for your own non-commercial use or your purchase of a home. You further agree not to change or delete any proprietary notices from any Content permissibly downloaded from our Website. Unauthorized use or copying (including electronic copying or downloading) of our Website and Contents without ClosingMark’ express written consent is expressly prohibited by law, and may result in severe civil and criminal penalties. Any violation of the foregoing will subject the user to the possibility of full prosecution under applicable law.
SITE ACCESS, SECURITY, RESTRICTIONS AND PASSWORDS
Violations of system or network security may result in civil or criminal liability. ClosingMark will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or the Service or any activity being conducted on this Website or the Service.
EQUAL HOUSING OPPORTUNITY
ClosingMark is pledged to the letter and spirit of the U.S. policy for the achievement of equal housing opportunity throughout the nation. We encourage and support affirmative advertising and marketing programs in which there are no barriers to obtaining housing because of race, color, religion, gender, handicap, familial status, or national origin and all loans advertised by ClosingMark are available on an equal opportunity basis. In addition, ClosingMark is committed to its compliance with the laws and regulations of other jurisdictions that may add prohibitions against discrimination based on age, parental status, sexual orientation, political ideology, financial status, and the like.
TERMINATION AND DENIAL OF ACCESS
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES
ALL USE OF THIS WEBSITE, ANY INFORMATION, CONTENT, PRODUCTS, OR SERVICES HEREIN CONTAINED OR PROVIDED AT OR PURCHASED FROM THIS WEBSITE, AND ANY FUNCTIONALITY OR SOFTWARE OR PROGRAMMING CONTAINED OR PROVIDED AT THIS WEBSITE, IS PROVIDED ON AN “AS IS” BASIS (UNLESS REQUIRED BY LAW OR SUBJECT TO WARRANTIES ACTUALLY PROVIDED TO YOU BY CLOSINGMARK). CLOSINGMARK EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY, PROMISE OR GUARANTEE OF ANY KIND THAT (A) OPERATION OF OUR WEBSITE AND/OR SERVICES WILL BE CONTINUOUS, TIMELY, UNINTERRUPTED, SECURE, OR THAT THIS WEBSITE OR ITS SERVER ARE FREE OF ERRORS, VIRUSES OR OTHER HARMFUL EFFECTS; (B) OUR WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR WEBSITE OR SERVICES WILL BE EFFECTIVE, TYPICAL, ACCURATE OR RELIABLE; AND (D) THE QUALITY OF ANY SERVICES OR INFORMATION OBTAINED BY YOU FROM OUR SERVICE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. YOUR USE OF OUR WEBSITE AND SERVICES AND YOUR DEALINGS WITH OTHER USERS ARE AT YOUR OWN RISK. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE WHEN USING OUR WEBSITE.
FURTHER, WITHOUT LIMITING THE FOREGOING, ALL INFORMATION PROVIDED ON OUR WEBSITE IS WITHOUT WARRANTY AS TO ITS COMPLETENESS, TIMELINESS, ACCURACY, SUITABILITY OR AUTHENTICITY. YOU SHOULD CONDUCT YOUR OWN DUE DILIGENCE AS TO THE TRUTH, ACCURACY, COMPLETENESS, AND CONTINUING VALIDITY OF ANY INFORMATION SET FORTH IN OR REFERENCED AT THIS WEBSITE. LIKEWISE, CLOSINGMARK DOES NOT WARRANT THE ACCURACY OF ANY THIRD PARTY CONTENT CONTAINED WITHIN OR REFERRED TO AT THIS WEBSITE, INCLUDING ANY LINKS TO THIRD PARTY WEBSITES. CLOSINGMARK IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.
SOME STATES/JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, THE LIABILITY OF CLOSINGMARK FOR ANY DAMAGE OF ANY KIND, DIRECT OR INDIRECT, ARISING FROM YOUR USE OF THIS WEBSITE OR SERVICES, ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES OBTAINED AT OR FROM THIS WEBSITE, OR OTHERWISE RELATING TO YOUR USE OF THIS WEBSITE, PRODUCTS OR SERVICES, SHALL NOT EXCEED THE DOLLAR AMOUNT PAID BY YOU, IF ANY, TO CLOSINGMARK FOR USE OF THIS WEBSITE, PRODUCTS OR SERVICES.
THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL: (I) ONLY APPLY TO THE EXTENT PERMITTED BY LAW, AND (II) NOT APPLY TO (A) LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND (B) DEATH OR BODILY INJURY RESULTING FROM OUR ACTS OR OMISSIONS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
- Opinions, advice, statements, testimonials, reviews, offers or other information or content made available on this Website or through our Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
- ClosingMark makes no representation that content or materials in the Service are appropriate or available for use in jurisdictions outside the United States. Access to the Service from jurisdictions where such access is illegal is prohibited. If you choose to access the Service from other jurisdictions, You do so on Your own initiative and are responsible for compliance with applicable local laws. ClosingMark is not responsible for any violation of law. You also agree that the Website shall be deemed a passive website that does not give rise to personal jurisdiction over ClosingMark, either specific or general, in jurisdictions other than the states covered by the preceding sentence. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
RELEASE AND INDEMNIFICATION
IN THE EVENT YOU HAVE A DISPUTE WITH ONE OR MORE USERS OF OUR WEBSITE OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DISPUTE REGARDING ANY TRANSACTION OR USER GENERATED CONTENT) OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR OTHERWISE INTERACT WITH OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE AND FOREVER DISCHARGE CLOSINGMARK AND ITS AGENTS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, MANAGERS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SUPPLIERS, VENDORS, ATTORNEYS AND AFFILIATES (COLLECTIVELY, THE “RELEASED PARTIES”) FROM ANY AND ALL RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF OUR WEBSITE AND/OR SERVICES, TO THE FULLEST EXTENT PERMITTED BY LAW.
We designate, to the extent that any jurisdiction required designation, our Irvine office as our principal office. Any disputes concerning this Website and the information in or use of it shall be governed by California law (without regard to conflicts of law principles), in any proceeding which may arise out of or in connection with this Website and shall be brought solely in a court in Orange County, California.
CLASS ACTION WAIVER
- Limitations. You and ClosingMark agree that any arbitration will be limited to the Claim between you and ClosingMark, individually. YOU AND CLOSINGMARK AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION WILL BE JOINED WITH ANY OTHER ARBITRATION.
- Exceptions to Arbitration. You and ClosingMark agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claim seeking to enforce or protect, or concerning the validity of, any of your or ClosingMark' intellectual property rights; and (ii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration with the other party’s consent.
- Arbitration Fees. The party seeking the Claim is responsible for the initial fees to the arbitrator. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
- Severability. You and ClosingMark agree that if any portion this Section is found illegal or unenforceable, except any portion of Section 12, subdivision (d), that portion will be severed and the remainder of this Section 12 will be given full force and effect. If Section 12, subdivision (d) is found to be illegal or unenforceable, then neither you nor ClosingMark will elect to arbitrate any Claim falling within that portion of this Section found to be illegal or unenforceable and such Claim will be exclusively decided by a court of competent jurisdiction as described in Section 10.
THIRD PARTY LINKS
This Website may include links to other Internet sites maintained by third parties (“Linked Sites”). ClosingMark does not have any control nor any responsibility over any Linked Site, and ClosingMark shall not be liable for the accuracy or availability of information provided by or on Linked Sites. Any Linked Sites are provided merely as a convenience to Users and do not constitute an endorsement by ClosingMark of any Linked Site or the content, products, advertising, or other materials presented on any Linked Site, including any changes or updates thereto. You access Linked Sites at your own risk and by accessing them, you leave this Website.
MODIFICATIONS TO OUR WEBSITE OR SERVICES
ClosingMark reserves the right at any time to modify or discontinue, temporarily or permanently, our Service (or any part thereof) with or without notice in our sole discretion. You agree that ClosingMark shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Service.
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and ClosingMark with respect to the Website and Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and ClosingMark with respect to the Website and Service. 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. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COMPLAINTS OR CONCERNS
If you have any complaints or concerns regarding our Website or Services, please contact us at (800) 445-6973 . For California residents, the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted by telephone at (800) 952-5210 or (916) 445-1254 or by writing the California Department of Consumer Affairs, Consumer Information Center at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834.