Introduction
These are the Terms of Use for the Richland Loan Processing Center, L.L.C.
("RLPC") Site. Please read the following information carefully before using
this Site. By accessing or using the Site, you acknowledge that you have read,
understand, and agree to the Terms of Use and that you agree to follow all
applicable laws and regulations. If you do not agree with the Terms of Use, do
not use this Site. We reserve the right, in our sole discretion, to modify or
update these Terms of Use at any time. Please check the Terms of Use each time
you visit our Site for the most current information.
Privacy
We take your privacy seriously. Please view our comprehensive
Privacy Policy.
When you enter into transactions with or provide
information to other companies providing content to this Site, you will be
subject to their privacy policies.
Disclaimers/Limitation of Liability
Your use of any aspect of the Site is at your own risk. RLPC will not be liable
for (a) any error or omission of RLPC (as defined below); (b) any error, delay,
interruption, operational problem, unavailability, or failure in the Site, any
Site component, or any directly or indirectly related equipment, system,
programming, or network (including the Internet); (c) any breach of security
involving the Site or your account, unless RLPC specifically accepts liability
elsewhere on the Site; (d) any viruses or other code or component that may
affect your computer system or other property as a result of your use of the
Site; or (e) any inaccurate, untimely, or otherwise unreliable information
resulting from the use of the Site or the materials made available as part of
the Site.
You specifically agree that RLPC will not be responsible for unauthorized
access to or alteration of your transmissions or data, any material or data
sent or received or not sent or received, or any transactions entered into
through the Site, unless RLPC specifically agrees elsewhere to be liable for
the aforementioned items.
RLPC MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE SITE FOR ANY PURPOSE. THE SITE IS PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAWS, RLPC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE
SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
IN NO EVENT WILL RLPC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL OR 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 SITE; DAMAGES RELATING TO THE
DELAY OR INABILITY TO USE THE SITE; DAMAGES RELATING TO THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION OR SERVICES OBTAINED
THROUGH THE SITE; OR DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF RLPC 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 SITE, OR WITH ANY OF THESE
TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
SITE.
Links/Third Party Sites
Periodically, a link may be established between this Site and one or more
websites operated or content provided by a third party (a "Third Party Site").
For purposes of these Terms of Use, the term "link" includes both outbound
links (hypertext links to external websites or content) and inbound links
(hypertext links which draw material from other sources into this website).
RLPC is not responsible for the content of any linked Third Party Site or any
link contained in a linked Third Party Site, or any updates or changes to such
Third Party Site, and you access such Third Party Sites at your own risk. The
hyperlinks contained within our Site are provided as a service to our users and
do not necessarily imply endorsement by RLPC of the Third Party Site. RLPC does
not provide, and is not responsible for, the product, service, or overall
website content available at any Third Party Site. RLPC's Privacy Policy does
not apply to any Third Party Site, and you should consult the privacy
disclosure on such Third Party Site for further information.
Internet Connection
You understand and agree that use of or connection to the Internet is
inherently insecure and that any connection to the Internet provides
opportunity for unauthorized access by a third party to your computer systems,
networks, and any and all information stored therein. You understand that the
technical processing and transmission of the Site, including your content, may
involve (a) transmissions over various networks and (b) changes to conform and
adapt to technical requirements of connecting networks or devices. All
information transmitted and received through the Internet is potentially
vulnerable to unauthorized interception, diversion, corruption, loss, access,
and disclosure. RLPC will not be responsible for (a) any adverse consequences
whatsoever of your connection to or use of the Internet, (b) any use by you of
an Internet connection in violation of any law, rule, or regulation, or (c) any
use by you that violates the intellectual property rights of another.
Governing Law/Jurisdiction
These Terms of Use and the relationship between you and RLPC shall be governed
by the laws of the State of South Dakota, without regard to its conflict of law
provisions, and by any applicable federal laws or regulations. RLPC makes no
representation that the materials on the Site are appropriate or available for
use in other locations and if you use this Site from other locations, you are
responsible for compliance with applicable local laws.
International Users
This Site is controlled, operated, and administered from offices within the
United States of America. We make 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 this Site or export the materials from it in
violation of 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.
Submitted Information
If you submit any information to us, including any questions, comments,
remarks, suggestions, ideas, notes, drawings, graphics, concepts, or other
information, you are giving that information, and all your rights in it, to us
free of charge, and that information will be treated as non-confidential and
non-proprietary and may be used by us for any purpose, without your consent or
any compensation to you or anyone else. This is true whether you submit such
information to us by e-mail, through a form on this Site, on a bulletin board,
or in any other manner.
Please do not submit or transmit any materials that are threatening, libelous,
defamatory, obscene, pornographic, profane, or might in any other way violate
any law. You are solely responsible for any material you submit to us. Through
your usage of the Site, you may submit to us and/or we may gather certain
limited information about you and your Site usage. We are free to use such
information for any purpose we deem appropriate, including marketing purposes.
Indemnification
You agree to defend, indemnify, and hold us and our affiliated companies, and
our/their employees, contractors, officers, and directors, agents, and partners
harmless from all liabilities, claims, and expenses, including attorney's fees,
that arise from your use or misuse of this Site or the content therein. We
reserve the right, at our own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which
event you will cooperate with us in asserting any available defenses.
Ownership/Restrictions on Use
All materials contained on the pages and screens on the Site are the
copyrighted property of RLPC, its subsidiaries, affiliated companies, or third
parties. The copyrighted materials on the Site include, but are not limited to,
the text, design, software, images, graphics, source code, and the content on
the Site. In addition, words and symbols used on the Site to identify the
source of goods and services are trademarks, service marks, and trade dress
owned by RLPC, its subsidiaries, affiliated companies or third parties. The
copyrighted materials, trademarks, service marks, and trade dress of RLPC, its
subsidiaries, affiliates, or third parties are collectively referred to as
"Intellectual Property". You are authorized to view the Intellectual Property
available on the Site for personal, non-commercial purposes only. No
Intellectual Property from the Site may be copied, displayed, distributed,
transferred, reproduced, republished, licensed, uploaded, posted, framed,
altered, transmitted, or used to create derivative works, except that you may
download one copy of the Intellectual Property to a single home computer for
your personal, non-commercial use. You are expressly prohibited from using
Intellectual Property on any other website. You acknowledge that you do not
acquire any interest in or rights to the Intellectual Property by downloading
Intellectual Property from the Site pursuant to this limited, personal,
nontransferable, nonsublicensable, revocable license. Except as expressly
provided herein, no Intellectual Property from the Site can be used,
reproduced, or transmitted in any way without the prior written consent of
RLPC.