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Terms of Use
The following terms and conditions govern the
use by you of the FIRST MUTUAL MORTGAGE
CORPORATION, a Georgia corporation website
currently located at www.firstmutualmortgage.com
(the "Website"). The terms and conditions set
forth herein apply to all materials, online
communications and other information and
materials that are or become available on this
Website (collectively, the "Information").
Please read these terms and conditions carefully
before accessing this Website. BY SIGNING ON AND
USING THIS WEBSITE, YOU SPECIFICALLY AGREE TO
EACH OF THE PROVISIONS OF THE FOLLOWING
AGREEMENT.
1. Downloading
You may download textual material from this
Website for your own personal, non-commercial
use only, provided you do not modify the
materials and keep intact all copyright and
other proprietary notices. You may not further
distribute or display such materials for any
purpose.
2. External Links
This Website may contain links to other
websites. FIRST MUTUAL MORTGAGE CORPORATION is
not responsible for the availability of these
external websites nor does it endorse or is it
responsible for any of the contents,
advertising, products or other materials on such
external websites. Under no circumstances shall
FIRST MUTUAL MORTGAGE CORPORATION be held
responsible or liable, directly or indirectly,
for any loss or damage caused or alleged to have
been caused in connection with the use of or
reliance on any content, goods or services
available on any such external website. Any
concerns regarding any external link should be
directed to the respective website, rather than
to FIRST MUTUAL MORTGAGE CORPORATION. By
including a link to an external site in the
Website, FIRST MUTUAL MORTGAGE CORPORATION does
not expressly state or imply that it has
authorization from the owner of such site to
link to it. Should you visit an external site
from a link found on the Website, you do so at
your own discretion and at your own risk.
3. Disclaimer of Warranties
THIS WEBSITE AND THE INFORMATION IS PROVIDED ON
AN "AS IS" BASIS. TO THE FULLEST EXTENT
PERMITTED BY LAW, FIRST MUTUAL MORTGAGE
CORPORATION DISCLAIMS ALL WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION, WARRANTIES OF TITLE,
NONINFRINGEMENT, OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. FIRST MUTUAL MORTGAGE CORPORATION DOES
NOT WARRANT THAT THE INFORMATION IS COMPLETE OR
ACCURATE, THAT USE OF THIS WEBSITE WILL BE
UNINTERRUPTED OR ERROR FREE OR THAT ANY
INFORMATION IS FREE OF DISABLING DEVICES (AS
HEREINAFTER DEFINED). SHOULD YOU PURCHASE A
FIRST MUTUAL MORTGAGE CORPORATION PRODUCT FROM
FIRST MUTUAL MORTGAGE CORPORATION OR A THIRD
PARTY, THE TERMS AND CONDITIONS APPLICABLE TO
THAT TRANSACTION WILL GOVERN SUCH PURCHASE; YOUR
USE OF THIS WEBSITE DOES NOT AFFECT THAT
PURCHASE IN ANY MANNER. A "Disabling Device" is
defined as any software, document, message or
other material which contains a computer virus,
worm, trojan horse, timebomb or other device
which may erase, scramble, lock or disable
computer software or equipment or may prevent
users from using a website or any other item of
hardware or software.
4. Limitation of Damages
UNDER NO CIRCUMSTANCES SHALL FIRST MUTUAL
MORTGAGE CORPORATION BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE
USE OR INABILITY TO USE THIS WEBSITE OR THE
INFORMATION, INCLUDING WITHOUT LIMITATION, USE
OF OR RELIANCE ON THE INFORMATION,
INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES,
OMISSIONS, DELETION OF FILES, DISABLING DEVICES,
DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY
OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR
ANY OTHER FAILURE OF PERFORMANCE.
5. Locality
FIRST MUTUAL MORTGAGE CORPORATION operates and
controls this Website from its offices located
in the state of Georgia in the United States.
FIRST MUTUAL MORTGAGE CORPORATION makes no
representation that the Information or other
materials in the Website are appropriate or
available for use in other locations. If you
choose to access this Website outside of the
state of Georgia through your own initiative,
you are responsible for compliance with local
laws, if and to the extent local laws are
applicable.
6. Privacy
FIRST MUTUAL MORTGAGE CORPORATION may use the
personal data and information submitted by you
during your use of the Website, but will not
provide such personal data and information to
third parties. Any personal information posted
by you on the Website is at your own risk. For
more information - please
review our PRIVACY POLICY.
7. Third Party Content and Trademarks
FIRST MUTUAL MORTGAGE CORPORATION may distribute
content supplied by third parties on the
Website. Any opinions, advice, statement,
services, offers, or other information or
content expressed or made available by third
parties, including information providers or any
other user of the Website, are those of the
respective author(s) or distributor(s) and not
of FIRST MUTUAL MORTGAGE CORPORATION. Other
product and company names mentioned herein may
be the trademarks of their respective owners.
8. Submissions
FIRST MUTUAL MORTGAGE CORPORATION's company
policy does not allow FIRST MUTUAL MORTGAGE
CORPORATION to accept or to consider creative
suggestions, ideas or other materials other than
those FIRST MUTUAL MORTGAGE CORPORATION has
specifically requested. If, despite our request
that you not send us any creative materials, you
send us comments, suggestions, ideas, concepts,
drawings, pictures, including, but not limited
to, pictures uploaded by FIRST MUTUAL MORTGAGE
CORPORATION insurance agents, or other materials
(collectively, the "Submissions"), the
Submissions shall be deemed, and shall remain,
the property of FIRST MUTUAL MORTGAGE
CORPORATION. None of the Submissions shall be
subject to any obligation of confidence on the
part of FIRST MUTUAL MORTGAGE CORPORATION, and
FIRST MUTUAL MORTGAGE CORPORATION shall not be
liable for any use or disclosure of any of the
Submissions. Without limitation of the
foregoing, FIRST MUTUAL MORTGAGE CORPORATION
shall exclusively own all now known or hereafter
existing rights to the Submissions of every kind
and nature throughout the world and shall be
entitled to unrestricted use of the Submissions
for any purpose whatsoever, commercial or
otherwise, without compensation to the provider
of the Submissions.
9. General
FIRST MUTUAL MORTGAGE CORPORATION shall have the
right at any time to change or discontinue any
aspect or feature of the Website, including, but
not limited to, content, hours of availability
and equipment and/or software required for
access or use of the Website or any portion of
the Website. FIRST MUTUAL MORTGAGE CORPORATION
may also change the terms and conditions set
forth in this Agreement and any subsequent use
of the Website by you constitutes your agreement
to such changed terms and conditions. Any rights
not expressly granted herein are reserved to
FIRST MUTUAL MORTGAGE CORPORATION.
10. Other
This Agreement shall be governed by and
construed in accordance with the laws of the
State of Georgia, without giving effect to any
principles of conflicts of law. If any provision
of this Agreement shall be unlawful, void or for
any reason unenforceable, then that provision
shall be deemed severable from this Agreement
and shall not affect the validity and
enforceability of any remaining provisions. This
Agreement constitutes the entire agreement of
the parties with respect to the subject matter
hereof, and supersedes all previous written or
oral agreements between the parties with respect
to such subject matter.
11. Termination
Either you or FIRST MUTUAL MORTGAGE CORPORATION
may terminate this Agreement at any time. You
may terminate this agreement at any time by
destroying all materials obtained from the
Website and all related documentation and copies
thereof. This agreement will terminate
immediately without notice from FIRST MUTUAL
MORTGAGE CORPORATION if in FIRST MUTUAL MORTGAGE
CORPORATION's sole discretion you fail to comply
with any term or provision of this agreement.
The provisions of Sections 2, 3, 4, 5, 8, 9, 11,
12 and 13 shall survive any termination or
expiration of this Agreement.
12. Software License
Any software that is made available to download
from this Website ("Software") is owned or
licensed by FIRST MUTUAL MORTGAGE CORPORATION
and/or its suppliers and is subject to U.S. and
international copyright, trade secret, trademark
and other laws protecting intellectual property.
Use of the Software is governed by the terms of
the end user license agreement, if any, which
accompanies or is included with the Software,
unless acceptance of a different license
agreement is required prior to downloading the
Software (the "License Agreement"). The Software
is made available for downloading solely for use
by end users according to the License Agreement.
Any reproduction or redistribution of the
Software not in accordance with the License
Agreement is expressly prohibited by law, and
may result in severe civil and criminal
penalties. Violators will be prosecuted to the
extent permitted by applicable law.
WITHOUT LIMITING THE FOREGOING, COPYING OR
REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER
OR LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE
SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING
TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS
WARRANTED IN THE LICENSE AGREEMENT, FIRST MUTUAL
MORTGAGE CORPORATION HEREBY DISCLAIMS ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THE
SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
13. Export Controls
Software from this site is further subject
to United States export controls, No software
from this Website may be downloaded or otherwise
exported or reexported (i) into (or to a
national or resident) of Cuba, Iraq, Libya,
North Korea, Iran, Syria or any other country to
which the U.S. has embargoed goods; or (ii) to
anyone on the U.S. Treasury Department's list of
Specially Designated Nationals or the U.S.
Commerce Department's Table of Deny Orders. By
downloading or using the Software, you represent
and warrant that you are not located in, under
the control of, or a national or resident of any
such country or on any such list.
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