Terms of Use Date:
2/12/24
Prior to using this service
(“Website”), SayGo Home Loans, LLC (“the
Company”, “SayGo”, “We”, “Our”, or “Us”) requires you to review this Terms of Use Agreement
(“Agreement”) and you acknowledge that you
read, understand and agree to be bound to all the terms and conditions of this
agreement.
This Agreement outlines the terms of
use applicable to this Website and the products and Services provided through
this Website. By accessing, browsing or using this Website, through any direct
or indirect means or by using the product or Services provided and offered in
or through this Website by any alternative methods (including, telephone, mail,
text, email or facsimile), you accept and agree to be bound by these Terms of
Use, and our Privacy Policy .
THIS
AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION, WAIVER OF JURY TRIAL,
CLASS ACTION. PLEASE REVIEW THESE PROVISIONS.
If you do not agree with these provisions, please do not use our
Website. By use of our Website or Services
you will be deemed to have read and accepted all terms in this Agreement.
Services- This service is intended
for United States residents only.
SayGo Home Loans provides direct mortgage lending.
This Website is not intended for the
use of minors. You certify to us that:
●
You are at least 18 years of age
●
Any information you have submitted to us on this site or
otherwise, is accurate, complete and that you have not submitted or provided
false information to us
●
Your use of this site/service is subject to all
applicable federal, state, and local laws and regulations
Electronic Communications: When you
access, use or send email to us, you are communicating with us electronically.
You consent to receive communications from us electronically. You agree that
all agreements, notices, disclosures and other communications that we provide
to you electronically satisfy any legal requirement that such communications be
in writing.
Anti-Spam Policy: We take all
commercially reasonable efforts to avoid Spam.
If you feel that you have been subjected to unwanted email marketing
from us, please contact us at your earliest convenience and we will assist in
removing you from those marketing efforts. We reserve the right to terminate
any marketing services agreement at any time should we presume a marketing
partner is in violation of these policies or is participating in spamming.
Prohibited Use: You shall not use
this Website for any illegal purpose or for the transmission of any unlawful
material or material that is harmful, harassing, abusive, libelous, racially or
ethnically offensive, invasive of another’s privacy, vulgar, threatening,
obscene, sexually explicit, tortious, defamatory, or that infringes or may
infringe on the intellectual property or rights of another, or in a reasonable
person’s view objectionable; directly or indirectly interfere, or attempt to
interfere with the proper working of this Website or system integrities or
securities; interference of any account, or any communication or transaction
being conducted on this Website; use any robot, spider, other automatic device,
or manual process to monitor or access or copy our web pages or any content
without our prior expressed written permission; take any action which imposes
an unreasonable or disproportionately large load on our infrastructure; post,
upload, transmit, submit, email or make available by any other means any data
or content protected under any law or contractual relationship that you do not
have the right to distribute; conduct fraud, represent yourself as someone else
or hide or attempt to hide your identity; and interfere or attempt to interfere
with the proper working of this Website.
Copyright and Trademark Notice
Information: Our Website contains intellectual property owned by us and other
parties. As between us and you, we are the sole owner of the Website and all
materials on or available through our Website including without limitation, all
applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade
secrets, and other intellectual property rights thereto (collectively “Website Content”).
Except as otherwise specifically provided in this Agreement, you may not
download or save a copy of the Website Content or any portion thereof, for any
purpose; however, you may print a copy of individual screens appearing as part
of the Website Content solely for your personal, non-commercial use or records,
provided that our marks, logos or other legends that appear on the copied
screens remain on, and are not removed from the printed or stored images of
such screens.
Except as otherwise expressly
permitted herein, you may not modify, copy, publish, display, transmit, adapt
or in any way exploit any portion of our Website Content unless you first
obtain prior written consent from us and from all other entities with an
interest in the relevant intellectual property. Any unauthorized attempt to
modify our Website or Website Content, to overthrow or elude our security
features, or to utilize our Website for other than its intended purposes is
strictly prohibited.
NO WARRANTY
THE CONTENT AND ALL SERVICES
ASSOCIATED WITH THIS WEBSITE AND OUR SERVICES ARE PROVIDED TO YOU ON AN
“AS-IS” AND “AS AVAILABLE” BASIS. WE MAKE NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF OUR WEBSITE OR THESE SERVICES OR THE INFORMATION, CONTENT OR MATERIALS
PROVIDED. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE
RISK.
WE DO NOT MAKE, AND EXPRESSLY
DISCLAIM, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED,
REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE
SERVICES OR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY,
CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES
AND PRODUCTS ASSOCIATED WITH OUR SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO
INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT
AND THE SERVICES AND PRODUCTS ASSOCIATED WITH THIS WEBSITE, WE MAKE NO
REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT OF OUR WEBSITE MAY BE
AVAILABLE FOR DOWNLOADING FROM OUR SERVICES IS FREE OF INFECTION FROM ANY
VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS,
CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN
CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE,
DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY
SYSTEM, DATA OR PERSONAL INFORMATION. WE DO NOT MAKE ANY REPRESENTATIONS,
WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY OPERATIONS PROVIDED
ON OR THROUGH OUR SERVICES.
Except as expressly set forth
herein, we are not responsible for any incorrect or inaccurate information or
entry of information, whether caused by a user of our Website or by any of the
equipment or programming associated with or utilized in connection with our Website
or any Services provided on or through our site, or by any technical or human
error which may occur in the processing of information received by us. We
assume no responsibility for any error, omission, interruption, deletion,
defect, delay in operation or transmission, communications line failure, theft
or destruction or authorized access to, or alteration of, information received
or submitted in connection with our Website. We are not responsible for any
problems, errors or technical malfunction of any telephone network or lines,
computer on-line systems, servers or providers, computer equipment, or
software, or any failure of email on account of technical problems or traffic
congestion on the Internet or at our Website/Services or combination thereof,
including injury or damage to participants or to any other person’s computer
related to or resulting from use of our Website or Website Content.
LIMITATION OF LIABILITY AND DAMAGES
IN NO EVENT WILL WE, OUR PARENT
COMPANIES, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, SUCCESSORS
AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES AND
SHAREHOLDERS BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL,
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS
OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF
THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE OR WEBSITE
CONTENT, EVEN IF ALL SUCH PARTIES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT,
OR OTHERWISE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES,
INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF
OTHER MEMBERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES;
OR (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR ACCOUNT (v) FOR ANY
CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR
DESTRUCTIVE PROPERTIES OF THE SERVICES OR THE CONENT; AND (vi) WE AGREE THAT
ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICE MUST COMMENCE
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF
ACTION IS PERMANENTLY BARRED.
SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH
JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
RELEASE
YOU HEREBY AGREE TO RELEASE, REMISE
AND FOREVER DISCHARGE SAYGO HOME LOANS AND ITS AUTHORIZED SERVICE PROVIDERS, EACH
OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION
PROVIDERS, AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES
AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER
OF 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 EXIST, WHICH ARISE
FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THIS SITE AND SERVICES.
ARBITRATION
AGREEMENT AND CLASS ACTION WAIVER- Review this section carefully. This arbitration
provision limits your and our ability to litigate claims in court and you and us
each agree to waive respective rights to a jury trial or a state or federal
judge. You agree that you will not file any lawsuit against us in any state or
federal court.
BY
ACCESSING AND/OR USING ANY WEBSITE OR SERVICES OF THE COMPANY, YOU AGREE TO
THESE TERMS AND CONDITIONS OF THIS ARBITRATION AGREEMENT. DO NOT USE OUR
SERVICES OR SUBMIT ANY CONTACT INFORMATION IF YOU DO NOT AGREE TO THESE TERMS.
You and we each agree that any and
all disputes or claims that have arisen or may arise between you and us
relating in any way to or arising out of this or previous versions of this
Agreement, your interaction, use of, and or access to our Website shall be
resolved exclusively through final and binding arbitration, rather than in
court, except that you may assert claims in small claims court, if your claim
is under $1000.00 and qualifies. The Federal Arbitration Act governs the
interpretation and enforcement of this Agreement to Arbitrate section (this
“Agreement to Arbitrate”).
Claims of defamation, violation of the Computer Fraud and
Abuse Act, and infringement or misappropriation of the other party’s patent,
copyright, trademark, or trade secrets shall not be subject to this Agreement
to Arbitrate.
Prohibition of Class and
Representative Actions and Non-Individualized Relief
YOU AND WE AGREE THAT EACH OF US MAY
BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR
PROCEEDING. UNLESS BOTH YOU AND US AGREE OTHERWISE, THE ARBITRATOR MAY NOT
CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT
OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS
PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY,
INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY
SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED
BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OUR OTHER
USERS.
Arbitration Procedures- Arbitration
is more informal than a lawsuit in court. There is no judge or jury in
arbitration, and court review of an arbitration award is very limited. However,
an arbitrator can award the same damages and relief on an individual basis that
a court can award to an individual. An arbitrator should apply the terms of
this Agreement as a court would.
The arbitrator, and not any federal,
state, or local court or agency, shall have exclusive authority to resolve any
dispute arising out of or relating to the interpretation, applicability,
enforceability or formation of this Agreement to Arbitrate, any part of it, or
of this Agreement including, but not limited to, any claim that all or any part
of the Agreement to Arbitrate or this Agreement is void or voidable.
The arbitration will be conducted by
JAMS under its rules and procedures pertaining to Consumer-Related Disputes, as
modified by this Agreement to Arbitrate. The arbitration shall be held in a
mutually agreed location. If the value of the relief sought is $10,000 or less,
you or we may elect to have the arbitration conducted by telephone or based
solely on written submissions, which election shall be binding on you and us
subject to the arbitrator’s discretion to require an in-person hearing, if the
circumstances warrant. Attendance at an in- person hearing may be made by
telephone by you and/or us, unless the arbitrator requires otherwise.
The
arbitrator will decide the substance of all claims in accordance with the laws
of the State of Arizona, including recognized principles of equity, and will
honor all claims of privilege recognized by law. The arbitrator shall not be
bound by rulings in prior arbitrations involving our other users, but is bound
by rulings in prior arbitrations involving the same user to the extent required
by applicable law. The arbitrator’s award shall be final and binding and
judgment on the award rendered by the arbitrator may be entered in any court
having jurisdiction thereof.
Costs of Arbitration- Payment of all
filing, administration and arbitrator fees will be governed by JAMS rules,
unless otherwise stated in this Agreement to Arbitrate. You may obtain these
costs through JAMS website.
Severability-
With the exception of “Prohibition of Class and Representative Actions and
Non-Individualized Relief”, if an arbitrator or court decides that any
part of this Agreement to Arbitrate is invalid or unenforceable, the other
parts of this Agreement to Arbitrate shall still apply. If an arbitrator or
court decides that any of the provisions in this Agreement is invalid or
unenforceable, then the entirety of this Agreement to Arbitrate shall be null
and void. The remainder of the Agreement and any legal disputes section will
continue to apply and that jurisdiction over and venue of any suit shall be
exclusively in the state and federal courts sitting in the County of Maricopa
state of Arizona.
Changes to the Agreement to
Arbitrate- Notwithstanding any provision in the Agreement to the contrary, you
and we agree that if we make any change to this Agreement to Arbitrate (other
than a change to any notice address or site link provided herein) in the
future, that change shall not apply to any claim that was filed in a legal
proceeding against us prior to the effective date of the change. The change
shall apply to all other disputes or claims governed by this arbitration
provision that have arisen or may arise between you and us. We will notify you
of changes to this Agreement to Arbitrate by posting the amended terms on our
Services at least 3 days before the effective date of the changes and/or by
email.
THESE TERMS PROVIDE THAT ALL
DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION. YOU GIVE UP YOUR
RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR
RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED
BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.
Indemnification: You agree to
indemnify and hold SayGo its subsidiaries, affiliates, agents, shareholders,
officers, service providers, contractors, vendors, and employees harmless from
any claim or demand, including reasonable attorneys’ fees, made by any third
party due to or arising out of your use of this Website, the violation of this
Agreement by you, or the infringement by you, or other user of this Website
using your computer, of any intellectual property or other right of any person
or entity. SayGo and its service providers assume no responsibility whatsoever
for such content or actions. We reserve the right, at our own expense, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you.
Termination: If you breach or
violate any part of this Agreement or provisions in the Privacy Policy you may
no longer use this Website. We, in our sole discretion may, terminate, change,
or suspend temporarily or permanently, this Website or any part of it at any
time, for any reason, without notice to you and without any liability to you or
any other person. You agree that all terminations for cause shall be made in
our sole discretion and shall not be liable to you or any third party for any
termination.
Entire Agreement: This Agreement
constitutes the entire terms of use agreement between you and SayGo and governs
your use of this Website which supersedes any prior agreements between you and us.
You also may be subject to additional terms and conditions that may apply when
you use other services, affiliate services, third party content or third-party
software.
Changes to Site or Terms and
Policies: We reserve the right to change any information, feature or functions
of our Website without prior notice. We may deny you access to the Website for
any reason without prior notice if you engage in any conduct or activities that
we determine, in our sole discretion, violate these Terms, our legal rights or
the legal rights of any third party or are otherwise inappropriate. We are not
responsible for any errors or delays in providing the Website whether caused by
errors in the registration information you provided by any technical problems
in our system.
We reserve the right to make changes
to this Agreement and the posted Privacy Policy. Any changes made will be
effective from the date of such posting without further notice to you. As such,
the Privacy Policy and Terms of Service posted at the time you visit and access
our Website will govern our relationship for that Website visit.