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Welcome to the Scotsman Guide website. We look forward to helping you in your business. We provide this website and all site-related services (collectively the “Services”), including the content and code related to it, subject to your compliance with the terms and conditions set forth below. The terms “you,” “user” or “customer” all refer to individuals or entities accessing the Site for any reason.
For easier reading, we have used some specially defined terms. Capitalized terms not otherwise defined herein shall have the meaning ascribed to such term in the definitions section.
1. SCOPE OF AGREEMENT
Unless we specifically state otherwise, any new features or software that augment or enhance the Site or Services, such as upgrades, fixes or enhancements, are also subject to this Agreement.
2. CHANGES TO THIS AGREEMENT
We reserve the right to change this Agreement, the Site, or any fees for use of the Site or Services at any time in our sole discretion. We may revise this Agreement at any time by updating this posting. Use of the Site or Services after such changes constitutes acceptance of such changes.
If at any time you do not agree to all of the terms and conditions of this Agreement, as it may change from time to time, immediately terminate your use of the Site and Services.
The Scotsman Guide website is not available to minors under the age of 18 or to any users suspended or removed from the system by us for any reason. You are prohibited from selling, trading, or otherwise transferring your Registration/Subscription/Loan Post account to another party. If you do not qualify, you may not use the Site or Services. By visiting the Site, you are accepting this Agreement, and you represent and warrant to us that you are 18 years of age or older, and that you have the right, authority and capacity to agree to and abide by this Agreement. You also represent and warrant to us that you will use the Services and the Site in a manner consistent with these terms and all applicable laws and regulations.
Scotsman Guide Site may, with or without cause, immediately terminate your Loan Post account and access to the Services without prior notice. Without limiting the foregoing, the following will lead to a termination by Loan Post of a user´s use of the Services: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your account includes (a) removal of access to all offerings within the Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Site and Services. Further, you agree that all terminations shall be made in our sole discretion and that Scotsman Guide shall not be liable to you or any third-party for any termination of your account or access to the Services.
6. COPYRIGHTS AND USE OF SCOTSMAN GUIDE LOAN POST CONTENT.
We authorize you to view and access a single copy of the content available on or from the Site solely for your business purposes in accordance with your registration agreement for use of the Site and lawful mortgage origination practices. Site Content is protected under both United States and foreign copyright, trademark and other laws. All Site Content is our property or that of our content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all Content on the Site is our exclusive property and protected by U.S. and international copyright laws. Unauthorized use of Site Content may violate copyright, trademark, or other laws. However, to the extent you have posted User Content to the Site, we are not responsible nor liable in any way for any other person´s violation of your intellectual property rights.
You must retain all copyright, trademark, servicemark and other proprietary notices contained in any Site Content on any copy you make of any Site Content. You may not sell or modify any Site Content or reproduce, display, publicly perform, distribute, or otherwise use any Site Content in any way for any public or commercial purpose. The use of Site Content on any other web site or in a networked computer environment for any purpose is prohibited.
In particular, you may not sell or otherwise share loan postings or broker account information in any way other than as allowed by a separate License Agreement.
7. YOUR RESPONSIBILITIES
Your responsibilities as a user of the Site and the Services are as follows. You agree you shall: • Represent only yourself on the Site, and no other persons, living, dead, or imagined. Our Site and Services may only be used by natural persons or entities on their own behalf. • Provide true, accurate, current and complete information to the Site and maintain and promptly update such information to keep it accurate, current and complete, including with respect to any loan or interest rates which must be updated as is customary in the mortgage industry or as is required under any applicable laws. • Provide all equipment necessary to access the web and pay any service fees associated with such access. • Maintain the security of your personal and/or business information, including, without limitation, account and login information, passwords and financial information. • Immediately notify Scotsman Guide of any unauthorized use of your or anyone else´s account or any other breach of security known to you.
You agree to observe and comply with this Agreement and all federal, state and local statutes relating to it and to indemnify and hold harmless Scotsman Guide from all penalties, damages or other loss resulting from your failure to do so. See Section 17.
8. RESPECTING OUR SECURITY AND THE INTEGRITY OF OUR SITE.
We expect that you will respect the integrity of our Site and will not attempt in any way to violate our security or any other user´s security in using the Site or Services. You agree you may not and will not take any action to violate or attempt to violate the security or integrity of the Site, including, without limitation, the following: • Accessing data not intended for your use or logging into a server or account which you are not authorized to access; • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; • Attempting to interfere with service to any user, host or network, including, without limitation, the use of the Site or Services in an automated manner, “hacking” or defacing any portion of the Sites, posting or transmitting to the Site any information or software that contains a virus, worm, Trojan horse, corrupted file, or other harmful or disruptive component, or overloading, “flooding,” “spamming,” “mailbombing” or “crashing” the Site, or any other use that could damage, disable or otherwise impair our systems or services or damage the operation of another´s computer; • Attempting to decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, or create derivative works (as defined by the U.S. Copyright Act) or improvements (as defined by U.S. patent law) from the Site or Services, or any portion thereof; • Using or attempting to use any engine, software, tool, agent or other device or mechanism, including without limitation browsers, spiders, robots, avatars or intelligent agents (other than those made available on the Site or other generally available third party web browsers, e.g., Netscape Navigator, Microsoft Explorer) to navigate or search the Site or retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; • Uploading files that contain software or other material protected by intellectual property laws (or by rights of privacy) unless you own or control the rights to such material or you have received all necessary consent; • Taking any action that imposes an unreasonable or disproportionately large load on Loan Post´s infrastructure; or • Framing, mirroring, or linking to Site in any way.
Violations of our system or network security may result in civil or criminal liability. We will investigate occurrences which may involve these kinds of violations and cooperate with law enforcement authorities in prosecuting users who are involved.
9. ILLEGAL, UNAUTHORIZED, OR FRAUDULENT CONTENT OR ACTIVITIES.
The Site Content may be used only for lawful purposes by brokers seeking lenders to fund a loan or lenders seeking loan leads. You agree you may not and will not use the Site or Services to: • Print, copy, or otherwise use any personally identifiable information about any other user, unless you are a lender who has replied to a loan posting and are considering contacting the broker, or you are a broker considering contacting a lender who has replied to your loan posting; • Make any defamatory or offensive comments about any other party on the Site. • Publish transmit, distribute, store or destroy Site Content:
o in violation of any applicable law or regulation,
o in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or
o that is unlawful, fraudulent, defamatory, obscene, threatening, abusive, hateful, or violates the legal rights of others; • Use the Site’s Services for any purpose other than as a broker or lender as described in this section, including but not limited to using Loan Post:
o to engage in any commercial purpose, including but not limited to advertising, selling, or promoting any goods or services, other than sponsorships of the Site or affiliated with the Site and approved by Scotsman Guide;
o to collect or store personal data about others; or
o to use the Site for any unlawful commercial, research or information gathering purposes; • Send unsolicited e-mail; make unsolicited phone calls, send unsolicited faxes or engage in spamming, flooding, soliciting or mass marketing via any medium, regarding promotions and/or advertising of products or services to a user of the Services, provided that a user that has given approval to display its contact information on the Site shall be deemed to have released Scotsman Guide from any liability as a result of contact by other users, whether now or in the future; • Impersonate any person or entity, including without limitation, a Scotsman Guide employee or agent, a user of the Services, including a lender or broker, or otherwise misrepresent your affiliation with any person or entity or express or imply that any statements you make are endorsed by us or anyone other than yourself; • Delete or revise any material posted by any other person or entity; • Delete or modify any author attributions, legal notices or other proprietary designations or labels in any posting; • Falsify the origin or source of software or other material contained in a file that is uploaded; • Download any file that you know, or reasonably should know, cannot be legally distributed via the Site or Services; • Aggregate, copy or duplicate in any manner any of Site Content or any information available from the Site; or • Reproduce, duplicate, copy, sell, resell, distribute, publish or exploit for any commercial purpose the software, products or services provided by the Site without obtaining our express, prior written consent (this restriction includes any attempt to incorporate any information from the Site or Services into any other directory, product, or service).
The Site and Services may not be used or exported in any unlawful manner or for any unlawful purpose. You agree to comply with all applicable laws and regulations.
Scotsman Guide may investigate any suspected or reported violation of this Agreement, our policies and guidelines or any complaints, and take any action that we deem appropriate under the circumstances to protect our systems, facilities, users and/or third parties. Scotsman Guide also reserves the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties without notice or refund. Scotsman Guide reserves the right, at our sole discretion, to pursue all of our legal remedies, and we may issue warnings, suspend or terminate the Services, and/or remove or disable access to content hosted on the Site´s systems without notice or refund upon any breach by you of this Agreement or if Scotsman Guide is unable to verify or authenticate any information you submit to us. Scotsman Guide reserves the right and has absolute discretion to remove or disable access, screen or edit any content that violates these provisions or is otherwise objectionable without notice or refund. Scotsman Guide may access and disclose any information it considers necessary or appropriate, including user contact details, IP addressing and traffic information, and usage paths to (i) cooperate with governmental requests, (ii) protect the Site´s systems and users, (iii) ensure the integrity and operation of Scotsman Guide´s business and systems, or (iv) in response to subpoenas, court orders, or legal requirements. By using the Site and/or Services, you expressly consent to the foregoing use and disclosure.
Please review Section 12 for information regarding rights, responsibilities, and limitations regarding User Content.
11. REGISTRATION INFORMATION AND USES.
12. RELATIONSHIPS WITH THIRD PARTIES AND LINKS TO OTHER SITES.
Without limiting any of the other disclaimers of warranty set forth in this Agreement, Scotsman Guide does not provide or make any representation as to the quality or nature of any of third party products or services which may be advertised on or purchased through the Site, or any other representation, warranty or guaranty with respect to third parties or their products or services. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of the applicable product or service under the terms agreed to by the provider.
The Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Scotsman Guide of the contents on such third-party web sites. Scotsman Guide is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
13. USER CONTENT.
13.1 Responsibility for User Content.
You are solely responsible for your Site account information and any User Content that you submit, publish or display (hereinafter, “post”) on the Site or transmit to other users. We have no obligation to screen communications or information in advance and are not responsible for screening or monitoring User Content posted by users. Anything you post or request that we post is your responsibility. However, we may review and delete or refuse to post any User Content that, in the sole judgment of Scotsman Guide, violates this Agreement, violates applicable law, rule or regulation, is offensive or illegal or violates the rights of, harasses, harms or threatens the safety of users of the Site. We reserve the right to expel users and prevent their further access to the Site for violating the Agreement or applicable law, rules or regulations. We may take any action with respect to User Content that we deem necessary or appropriate in our sole discretion if we believe it may create liability for Scotsman Guide or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without refund, including without limitation any funds paid for advertising on the Site or any related websites, or any liability to a user who is terminated or whose access is blocked.
If notified of communications or postings which allegedly do not conform to this Agreement, Scotsman Guide may in our sole discretion investigate the allegation and determine whether to take any other actions and/or whether to remove or request the removal of the User Content. Scotsman Guide has no liability or responsibility to users for performance or nonperformance of such activities. By using the Site and Services, you release Scotsman Guide from any liability regarding User Content that you find objectionable on the Site.
The following is a partial list of User Content that we prohibit on the Site. The list below is for illustration only and is not a complete list of all prohibited User Content. We prohibit content that: • is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; • harasses, incites harassment or advocates harassment of any group or individual; • involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; • promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; • promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; • contains restricted or password only access pages, or hidden pages or images; • displays or links to pornographic, indecent or sexually explicit material of any kind; • provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; • provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy; or • provides or creates computer viruses or pirating any media; and solicits passwords or personal identifying information from other users.
Any registration information and content you submit must describe you or your company. Examples of inappropriate and prohibited User Content include, but are not limited to, those that purport to represent an animal, place, inanimate object, fictional character, or real individual or company who is not you.
13.2 Rights in User Content.
Except as set forth below, Scotsman Guide owns the copyright on all Site Content (see Section 5).
To the extent that you own the copyright in any User Content, by posting it to any public or non-public area of the Sites, you automatically grant us and our affiliates License Rights, and you represent and warrant that you have the right to grant Scotsman Guide and our affiliates such License Rights. To the extent that you are not the owner of such rights, you also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted you the right to grant the license stated above. By posting you also permit any user to access, display, view, store, and reproduce such User Content for personal use. Subject to the foregoing, you retain any and all rights that may exist in such User Content placed on the Site.
13.3 Your Contact Information.
Loan Post will not display your contact information unless you request it by selecting the “Display Contact Information” box when setting up your account. Please note that the default settings have the “Display Contact Information” box selected. Please unselect the “Display Contact Information” box if you do not want to have your information displayed to lenders who reply to your loan postings. Should you choose to post your personally identifying information, you are doing so at your own risk, and you agree to release and hold harmless Loan Post from any and all injury stemming directly or indirectly from such posting. Your e-mail address also may be used by Loan Post/Scotsman Guide to inform you of news of our services or offers by us or one of our affiliates. You are responsible for opting out/unsubscribing from our e-mail(s), if desired.
The information provided in broker profiles, loan postings, and lender replies is provided by the users. Scotsman Guide does not warrant or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by users, nor do we endorse any opinions expressed by users. Scotsman Guide does not independently verify the information provided by users or the identity of users. You acknowledge that any reliance on material posted by other users will be at your own risk.
14. USER SUBMISSIONS.
We appreciate hearing from our users and welcome your comments regarding the Services and the Site. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our Services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, you send us a Submission, the Submission shall be the property of Scotsman Guide. None of the Submissions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. We shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation or notice to you or any other person who submitted the Submission.
15. NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT.
If you believe that your copyrighted work has been uploaded, posted or copied to the Site and is accessible in a way that constitutes copyright infringement, please e-mail the following information to us at firstname.lastname@example.org:
1. The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
2. A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
3. Identification of the URL or other specific location on this web site where the material or activity you claim to be infringing is located or is occurring; you must include enough information to allow us to locate the material or the activity;
4. Your name, address, telephone number and, if you have one, your e-mail address;
5. A statement by you that you have a good faith belief that use on the web site of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
6. A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.
16. SCOTSMAN GUIDE´S LIABILITY.
16.1 User Communications.
Scotsman Guide provides a forum for users to share information for professional purposes. We do not screen or censor the content, nor are we involved in communications between users. As a result, we have no control over the accuracy, reliability, completeness, or truthfulness of any such information or communications and we make no representations about any information communicated through the Services.
In addition, please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using the Site and Services. You assume all risks associated with dealing with other users with whom you come in contact through the Site and Services.
Because user authentication on the Internet is difficult, we cannot and do not confirm that any user is who he, she or it claims to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on the Site, in the event that you have a dispute with one or more users, you release Scotsman Guide (and our agents and employees) from any and all claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
16.2 Site Content.
Site Content may from time to time contain inaccuracies or typographical errors. Scotsman Guide makes no representations about the accuracy, reliability, completeness, or timeliness of the Site or Services. The use of the Site and Services is at your own risk. Changes are periodically made to the Site and may be made at any time.
16.3 Limitation of Liability and Disclaimer of Consequential Damages.
IN NO EVENT SHALL SCOTSMAN GUIDE, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER´S USE OR MISUSE OF THE SITE OR SERVICES OR INABILITY TO USE THE SITE OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY FOR ANY DAMAGES WHATSOEVER, SUCH AS LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LOAN POST IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SCOTSMAN GUIDE´S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE GREATER OF $100 OR AMOUNTS PAID FOR SERVICES.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
No advice or information, whether oral or written, obtained by you from Scotsman Guide or any of its employees, agents or affiliates or through the Site or Services shall create any warranty not expressly made herein.
Scotsman Guide assumes no responsibility for the deletion or failure to store any user information.
17. DISCLAIMER OF WARRANTY.
SCOTSMAN GUIDE DOES NOT WARRANT THAT THE LOAN POST SITES OR LOAN POST CONTENT WILL OPERATE ERROR-FREE OR THAT THE SITES AND OUR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, SCOTSMAN GUIDE IS NOT RESPONSIBLE FOR THOSE COSTS. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. SCOTSMAN GUIDE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. LOAN POST MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, OR LINKS. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
18. INDEMNIFICATION AND HOLD HARMLESS.
You agree to defend, indemnify, and hold harmless Scotsman Guide, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, costs, losses, damages, judgments, expenses, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material you provide to the Site or in your use of the Services; (ii) your use of Site content; (iii) User Content you find objectionable on the Site; (iv) your posting personally identifying information; (v) disputes between you and other users; or (vi) your breach of the terms of the Agreement.
19. APPLICABLE LAW; JURISDICTION AND VENUE.
This Agreement is governed by the internal substantive laws of the State of Washington and the Federal Arbitration Act, without giving effect to any conflict of laws principles. You hereby consent to the exclusive jurisdiction of the state and federal courts sitting in Snohomish County, Washington.
Scotsman Guide makes no claims that the Site or Services may be lawfully viewed or accessed outside of the United States. Access to the Site or Services may not be legal by certain persons or in certain countries. If you access the Site or Services from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
You and Scotsman Guide agree that any and all disputes and claims relating in any way to this Agreement (including the arbitrability of any claim or dispute and the enforceability of this paragraph), with the exception set forth in the next paragraph, shall be submitted to and resolved by means of confidential arbitration conducted in the State of Washington, Snohomish County. If you and Loan Post cannot agree on an arbitrator, one shall be appointed by the Presiding Judge of the Snohomish County Superior Court. The arbitration shall be conducted under the then prevailing Commercial Arbitration Rules of the American Arbitration Association ("AAA"). You and Scotsman Guide may litigate in court only to compel arbitration under this Agreement or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrator. The arbitration award shall be binding and may be entered as a judgment in any court of competent jurisdiction. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby excluded. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other current or former user of the Services, whether through class arbitration proceedings or otherwise.
Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate Scotsman Guide´s rights, contractual or otherwise, Scotsman Guide may seek injunctive or other appropriate equitable relief in any state or federal court in the State of Washington, and you consent to exclusive jurisdiction and venue in such courts.
21. WAIVER; SEVERABILITY.
Scotsman Guide´s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of Scotsman Guide´s right to subsequently enforce such right or provision or any other rights or provisions of this Agreement. No waiver of this Agreement shall be effective unless in writing. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.
22. COMPLETE AGREEMENT.
Scotsman Guide can send you notice by sending you an e-mail, or by posting on its website. If you wish to give a notice to Scotsman Guide, you may do so by either e-mail at email@example.com regular mail at _Scotsman Guide Media PO Box 692, Bothell, WA 98041-0692 Attn: Legal Department, and your notice will be effective only when received.
25. TERMS AND TERMINATION.
This Agreement will remain in full force and effect while you are a user of the Site or Services at any level. The following sections will survive any termination of this Agreement: 5. Copyrights and Use of Site Content; 9. Enforcement; 12. User Content; 13. User Submissions; 15. Scotsman Guide´s Liability; 16. Disclaimer of Warranty; 17. Indemnification; 18. Applicable Law; Jurisdiction and Venue; 19. Arbitration; 20. Waiver; Severability; 21. Complete Agreement; 23. Notices; 24. Terms and Termination; and Definitions.
Site Content Where the term “Site Content” is used, we mean the contents of the Site, including loan postings and broker registration information, whether partial or otherwise, as well as text, graphics, images, logos, button icons, software and other Site Content.
Scotsman Guide Site or Sites Where we use the term “Scotsman Guide Site,” or “Site,” we are referring to <scotsmanguide>.com.
License Rights Where we use the term “License Rights,” we are referring to your grant to us and our affiliates of a royalty-free, irrevocable, perpetual, non-exclusive, fully paid, worldwide license in and to User Content: • to use, copy, modify, adapt, publish, translate, perform, display, create derivative works from, communicate to the public, and distribute such User Content (in whole or part); • to incorporate such User Content into other works in any form, media, or technology now known or later developed; and/or • to grant and authorize sublicenses thereof, for the full term of any rights that may exist in such content.
Services Where we use the term “Services,” we are referring to all services we provide on or through the Site, including the services used to create the Site, and the content and code related to them.
Submissions Where we use the term “Submission” or “Submissions,” we are referring to creative suggestions, ideas, drawings, concepts, inventions, or other information you might send us despite our request in Section 13 to the contrary. Submissions also are included in the definition of User Content.
User Content Where the term “User Content” is used, we are referring to loan postings, replies, broker profiles, and any other information that you or other users submit, publish, display, or otherwise post or provide to us.
Scotsman Guide Media is committed to providing quality information and services to the mortgage origination community. To do this, we need to know a little about you. For the purposes of data protection, Scotsmanguide.comis the Internet publishing platform for Scotsman Guide Media. The website is hosted in the United States.
What information do we collect?
We collect only the domain name but not the e-mail address of visitors to our Web pages. We also collect any additional information volunteered by the consumer, such as survey information and/or site registrations. We also collect aggregate and user-specific information on what pages users access or visit. The information we collect is used for internal review to improve the content of our Web pages. In addition, in the case of registered users of the Scotsman Guide Loan Post feature, we provide broker contact information to lenders who advertise in Scotsman Guide and reply to a specific broker loan posting unless the user selects otherwise.
The search facility
Banner advertisements on the search-results page or the Scotsman Guide Loan Post page may be matched to suit the results of your search or loan scenario.
What about the information requested during registration?
When registering with Scotsman Guide, we need information from you that identifies you personally. This includes your name, company name, e-mail address and telephone number. We also ask some further, voluntary questions so we can gain a clearer understanding of our users. We need your e-mail address in order to send you confirmation of your user identity and password and to send you e-mail alerts of lender replies in the case of registered Loan Post users. In addition, we collect your contact information (name, company name, e-mail address and phone number) so that we can provide lenders who advertise in Scotsman Guide and who respond to your loan posting scenarios with your contact information if you agree to have your contact information displayed. Please note that the “Show Contact Information” is pre-selected. If you do not want your contact information made available to lenders responding to your postings, please unselect the box.
We offer one free ongoing subscription of Scotsman Guide's print residential and commercial editions to every mortgage-origination office that brokers loans in the United States. For subscriptions, renewals and for audit purposes we collect company name, company type, address, e-mail address and other optional information. E-mail address is required for contacting you about any problems with your subscription request and/or renewal or for auditing purposes. E-mail addresses also may be used to inform you of news of our services or offers by us or one of our affiliates. All of our e-mails have an opt-out option, in addition to a global opt-out option to remove your e-mail address from our distribution list entirely.
Your privacy is important to us
We strive to do everything we can to protect the privacy of our users. We may at times establish a business relationship with other people or entities that we believe to be trustworthy and that we have asked to confirm their privacy policies is consistent with ours. In these cases, we may allow these people or entities to contact you regarding products or services that may be of interest to you.
If you wish to opt out of such third-party communications, click here. In addition, on a limited basis, we may provide access to our subscriber information to qualified third-party industry-research firms solely for the purpose of assessing current information on the industry, practices, size and current market trends.
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future, we will post the policy changes on our website to notify you of these changes and provide you with the ability to opt out of these new uses. If you are concerned about how your information is used, we recommend that you review this privacy statement periodically, as Scotsman Guide Media may update it.
Global Opt-OutIf you do not wish to receive ANY e-mail notices from Scotsman Guide Media, please send an e-mail to GlobalOptOuts@scotsmanguide.com.
Purchasing by credit card
To verify your credit card purchase, we have to ask you to present your details in a specific way.
Here are some tips to help you ensure that your details are entered correctly:
First and last name: Your name must be entered exactly as it is printed on your card and statement. If this includes a middle initial, this should be entered along with your first name in this fashion: First Name: Michelle A Last Name: Smith Address: This must be entered as it appears in your credit-card records. State/Province: Only complete this field if you have entered "U.S./Canada" as your country. Telephone number: Nonnumeric characters are ignored by the verification system, and consequently it will not matter if you insert hyphens, spaces or leave blank spaces in between the numerals. Credit card number: Nonnumeric characters are ignored by the verification system, and consequently it will not matter if you insert hyphens, spaces or leave blank spaces in between the numerals.
Information about secure ordering online
We are committed to ensuring the security and privacy of information supplied by our customers. The site uses a secure server that encrypts all your credit-card information to ensure that no one else can view the details. The security of the connection will be confirmed by the presence of the padlock icon in the lower right hand corner or lower left hand corner of your browser.
Linking to and from Scotsman Guide Media website
Please contact us at firstname.lastname@example.org you would like to link to or from our site, and we will advise you about our policies. Please provide full details of your site and how the linking will be used.