Please carefully read this agreement ("Agreement") before accessing or using this Internet Web site ("Web Site"). When you access or use the Web Site, you agree to be bound by this Agreement, including the liability disclaimers contained below. If you do not agree to the terms contained herein, do not use this Web Site, or download any information from it. Materials on this Web Site may be accessed, downloaded, and printed only for personal and non-commercial use. By using this Web Site, you agree that you will not use any materials or information found on this Web Site for any purpose that is unlawful or prohibited by this Agreement, including, but not limited to, the use of this Web Site from locations outside of the United States of America or if you are under 18 years of age. Your permission to use the Web Site is automatically terminated if you violate any of the terms contained in this Agreement.
COPYRIGHT AND TRADEMARK RIGHTS
The contents of Clear2 Mortgage are owned and copyrighted by Clear2 Mortgage and are protected by the laws of the United States, its treaty countries, and other jurisdictions. All rights are reserved and no reproduction, distribution, or transmission of the copyrighted materials at this Web Site is permitted without the written permission of Clear2 Mortgage. All trademarks, logos and service marks are the property of Clear2 Mortgage.
CONSENT
You hereby understand and agree that by using this Web Site, you are automatically and without any further action have established a business relationship between you and Clear2 Mortgage. As a result, you agree to allow Clear2 Mortgage to contact you about its business via telephone, e-mail and /or standard mail using the contact information you have provided. You hereby consent to such contact even if your phone number is on any Do Not Call list.
LIABILITY DISCLAIMER
CLEAR2 MORTGAGE STRIVES TO MAKE SURE THAT THE INFORMATION ON ITS WEB SITE IS ACCURATE, BUT INACCURACIES OR ERRORS CAN OCCUR. YOU USE THIS WEB SITE AT YOUR OWN RISK. CLEAR2 MORTGAGE RESERVES THE RIGHT TO CHANGE OR MODIFY THE CONTENT OF ITS WEB SITE AT ANY TIME WITH OR WITHOUT NOTICE. YOUR CONTINUED USE OF THE WEB SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH MODIFIED TERMS. THIS WEB SITE AND ALL OF THE INFORMATION CONTAINED THEREIN ARE PROVIDED "AS IS." CLEAR2 MORTGAGE DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANYTHING WHATSOEVER RELATING TO THIS WEB SITE AND ANY INFORMATION PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. CLEAR2 MORTGAGE IS NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY THE USE OF THIS WEB SITE AND/OR THE CONTENT LOCATED THEREON, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
INDEMNIFICATION / LEGAL RELIEF
You agree to indemnify and hold Clear2 Mortgage harmless from and against any and all loss, cost, damage, or expense including, but not limited to, reasonable attorneys' fees incurred by Clear2 Mortgage arising out of any action at law or other proceeding necessary to enforce any of the terms, covenants or conditions of the Agreement or due to your breach of this Agreement.
GOVERNING LAW AND VENUE
You agree that these Terms of Use shall be governed by and construed in accordance with the laws of the State of Michigan, without giving effect to any principles of conflicts of law. You understand and agree to resolve through final and binding arbitration the following claims, disputes, or controversies arising between you and Clear2 Mortgage, all claims, disputes, or controversies arising from the Telephone Consumer Protection Act of 1991 ("TCPA"), or state law claims similar to the TCPA. You will arbitrate TCPA claims between you and Clear2 Mortgage at a location the arbitrator will determine in compliance with Clear2 Mortgage's Governing Law provision. The arbitrator, not the court, will resolve the issue of arbitrability. Any state or federal court having jurisdiction thereof may enter judgment of any award the arbitrator renders. This arbitration contract is made under a transaction in interstate commerce, and the Federal Arbitration Act ("FAA") will govern its interpretation, application, enforcement, and proceedings. As the Governing Law provision indicates, the laws of the State of Michigan govern the enforceability of this arbitration provision as a contract, but not the scope of this provision. Neither you nor Clear2 Mortgage are entitled to join or consolidate claims in arbitration by or against other consumers or to arbitrate any claim as a representative or member of a class or in a private attorney general capacity. The parties voluntarily and knowingly waive any right they have to a jury trial for TCPA-related matters which, based on the above, will be arbitrated. You agree that any other action(s) at law or in equity arising out of or relating to these Terms of Use or the use of this website shall be filed only in the state or federal courts located in Oakland County, Michigan, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating.
MISCELLANEOUS
This Agreement embodies the entire agreement between the parties and may not be amended, modified, altered, or changed in any respect whatsoever except by a writing duly executed by the parties hereto. This Agreement supersedes any and all prior and contemporaneous oral or written agreements or understandings between you and Clear2 Mortgage. No representation, promise, inducement, or statement of intention has been made by you and Clear2 Mortgage that is not embodied in this Agreement. You and Clear2 Mortgage shall not be bound by, or liable for, any alleged representation, promise, inducement, or statement of intention not contained in this Agreement. A printed version of this Agreement 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. You agree that each provision to this Agreement shall be construed independent of any other provision of this Agreement. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof. In the event any provision of this Agreement is deemed unenforceable, including, but not limited to, the liability disclaimers above, the unenforceable provision shall be replaced with an enforceable provision that most closely reflects the intent of the original provision.
