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TERMS AND CONDITIONS FOR USE OF THE
Main Street Home Mortgage WEB
SITE BY VISITING OR USING THE Main Street Home Mortgage WEB SITE,
OR ANY PAGE OF THE WWW.MSHMC.COM WEB SITE, YOU
ARE AGREEING TO BE BOUND BY THESE TERMS OF USE, AND THAT SUCH
AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND
Main Street Home Mortgage.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE
DO NOT VISIT OR USE THE WWW.MSHMC.COM WEB SITE OR
ANY PAGE OF THE WWW.MSHMC.COM WEB SITE. TERMS AND
CONDITIONS FOR USE Definitions As used in this contract: (a)
the term "Agreement" refers to this contract; (b)
the terms "you" and "yours," refer to you,
a visitor to the Main Street Home Mortgage web site, as well as
anyone you authorize to visit the Main Street Home Mortgage web
site on your behalf; (c) the terms "Main Street Home
Mortgage
," "we," and "our" and
"ours" refer to Main Street Home Mortgage and any
affiliates of Main Street Home Mortgage whose products or services
are offered on the Main Street Home Mortgage web site; and (d) the
term "MSHMC.COM Web Site" refers to
the web site located at www.MSHMC.COM and
related pages, or any linked pages and web sites hosted or
sponsored by Main Street Home Mortgage. Privacy Policy Main
Street Home Mortgage
is committed to maintaining the privacy and security of any
and all information that you provide to Main Street Home
Mortgage
through the MSHMC.COM Web Site. To that end,
Main Street Home Mortgage
urges you to review the Main Street Home Mortgage Privacy Policy,
which may be accessed by clicking on the following
link: Privacy Policy Please note that privacy
policies of Main Street Home Mortgage's affiliates or third
parties may apply to information you provide on the MSHMC.COM
Web Site. In addition, web sites linked to the
MSHMC.COM
Web Site may have separate privacy policies. Use And
Limitations Of The MSHMC.COM Web Site Except
where we specify otherwise, Main Street Home Mortgage offers you
access to the MSHMC.COM Web Site solely for your
personal and non-commercial uses. You promise that you will
not use the MSHMC.COM Web Site, in whole or in
part, for any purpose that is unlawful or prohibited by this
Agreement. You agree that you will not modify, copy,
distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, frame in another web
page, use on any other web site, transfer or sell any
information, software, lists of users, databases or other
lists, products or services provided through or obtained from
the MSHMC.COM Web Site. This means, among other
activities, that you agree not to engage in the practices of
"screen scraping," "database scraping," or
any other similar activity. You agree that you will not use
the MSHMC.COM Web Site in any manner that could
damage, disable, overburden, or impair the
MSHMC.COM
Web Site or interfere with any other party's use and enjoyment
of the MSHMC.COM Web Site. You may not obtain or
attempt to obtain any materials or information through any
means not intentionally made available or provided for through
the MSHMC.COM Web Site. If and when requested by
MSHMC.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
MSHMC.COM,
you agree that you will not access or attempt to access
password protected, secure or non-public areas of the
MSHMC.COM
Web Site. You agree that Main Street Home Mortgage may in its sole
discretion and at any time terminate your access to and use of
the MSHMC.COM Web Site, or any part thereof,
with or without notice. The MSHMC.COM Web Site
contains content and information originated by Main Street
Home Mortgage,
affiliates of Main Street Home Mortgage or unaffiliated third
parties. Main Street Home Mortgage makes available such content
and information through the MSHMC.COM Web Site
as a public service, for the sole purpose of aiding you, the
individual consumer. Main Street Home Mortgage, therefore, cannot
guarantee the accuracy, sufficiency, correctness, veracity,
completeness, or timeliness of such information. You are
responsible for confirming the sufficiency and reliability of
any such information. This means, for example, that all of the
information and materials contained in the MSHMC.COM
Web Site-including any terms and conditions necessary to
obtain a loan or other products or services-are subject to
change at any time. Not all products and services are
available in all geographic areas. Your eligibility for
particular products and services is subject to final Main
Street Home Mortgage
determination and acceptance. E-Signatures and Communications
All electronic communications, including any electronic
signatures or identifiers of Main Street Home Mortgage, are being
transmitted solely for informational purposes. By making an
electronic communication, Main Street Home Mortgage specifically
does not intend to agree, bind, or otherwise consent to any
matter for any purpose whatsoever, including loan approval,
and does not intend that the electronic communication, or any
related or associated electronic media or data, to constitute,
or to be deemed to constitute, an electronic signature
pursuant to any state or federal law or regulation that
authorizes the use of electronic signatures. Trademarks,
Service Marks And Copyright Copyright in the MSHMC.COM
Web Site, and in the information and material therein and in
their arrangement, is owned by Main Street Home Mortgage unless
otherwise indicated. Main Street Home Mortgage
and the Main Street Home Mortgage logo are federally registered service
marks of Main Street Home Mortgage Corporation. Main Street
Home Mortgage also
claims trademark and service mark rights in other marks
contained in the Main Street Home Mortgage Web Site. If you wish
to inform Main Street Home Mortgage of any content that may
indicate copyright infringement by any person or entity,
pursuant to Title 17, United States Code, Section 512(c)(2),
or trademark or service mark infringement pursuant to Title
15, United States Code, Sections 1114 and 1116, please forward
your notification to: General Counsel Main Street Home
Mortgage
Corporation 2625 W. Harrison Street, Suite 210, Bellwood, Illinois
60104
Disclaimer YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE
OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING, BUT
NOT LIMITED TO, CONTENT PROVIDED BY Main Street Home Mortgage, A
Main Street Home Mortgage
AFFILIATE OR A THIRD PARTY THROUGH THE MSHMC.COM
WEB SITE IS AT YOUR SOLE RISK. SUCH INFORMATION IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS.
Main Street Home Mortgage
MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR
GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY,
SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR
TIMELINESS OF SUCH INFORMATION. Main Street Home Mortgage
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. Main Street Home Mortgage SHALL HAVE
NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH INFORMATION OR
TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING
CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND
INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR
INDIRECTLY BY THE USE OR RELIANCE UPON SUCH INFORMATION. ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE MSHMC.COM WEB SITE IS DONE 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. Indemnification YOU
AGREE TO INDEMNIFY AND HOLD Main Street Home Mortgage AND ITS,
SUPPLIERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES AND AGENTS
HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT
NOT LIMITED TO REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD
PARTY DUE TO OR ARISING OUT OF ANY INFORMATION, INCLUDING, BUT
NOT LIMITED TO, INFORMATION PROVIDED VIA THE MSHMC.COM
WEB SITE. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
PUBLISHED ON THE MSHMC.COM WEB SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. Main Street Home Mortgage , ITS
AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME. IN NO
EVENT SHALL Main Street Home Mortgage , Main Street Home
Mortgage 'S
AFFILIATES OR THIRD PARTIES, INCLUDING SUPPLIERS, BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE MSHMC.COM WEB SITE, WITH THE
DELAY OR INABILITY TO USE THE MSHMC.COM WEB SITE
OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS OBTAINED THROUGH THE MSHMC.COM
WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE
MSHMC.COM
WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF Main Street Home Mortgage ,
Main Street Home Mortgage
'S AFFILIATES OR ANY THIRD PARTY 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. IF YOU ARE DISSATISFIED WITH ANY PORTION OF
THE MSHMC.COM WEB SITES, OR WITH ANY OF THESE
TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE MSHMC.COM WEB SITE. Without limiting
the foregoing, you agree to indemnify, defend and hold
harmless Main Street Home Mortgage, its partners, affiliates,
subsidiaries and suppliers from any liability, loss, claim and
expense (including attorneys' reasonable fees) related to your
violation of this Agreement. MISCELLANEOUS This Agreement is
governed by the laws of the State of Illinois. You agree and
consent to the exclusive jurisdiction and venue of courts
sitting in Illinois, County of Cook and/or Northern District
of Illinois in all disputes arising out of or relating to the
use of the MSHMC.COM Web Site. Use of the
MSHMC.COM
Web Site is unauthorized in any jurisdiction that does not
give effect to all provisions of these terms and conditions,
including without limitation this paragraph. You agree that no
joint venture, partnership, employment, or agency relationship
exists between you and MSHMC.COM as a result of
this Agreement or use of the MSHMC.COM Web Site.
If any part of this Agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not
limited to, the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision
and the remainder of the Agreement shall continue in effect.
Unless otherwise specified herein, this Agreement constitutes
the entire agreement between you and Main Street Home Mortgage
with respect to the MSHMC.COM Web Site and it
supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between you
and Main Street Home Mortgage respect to the MSHMC.COM
Web Site. 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. |