We reserve the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Site. You should check this Agreement periodically for changes, and all changes shall be effective upon posting. Your continued use of the Site after any changed to this Agreement constitutes your agreement to be bound by any such changes. Caliber Home Loans may terminate, suspend, change, or restrict access to all or any part of the Site without notice or liability.
RESTRICTIONS ON THE USE OF SITE CONTENT
The text, data, articles, photos, images and other information (collectively, the “Content”) on the Site is owned by Caliber Home Loans or its Content providers and is protected by U.S. and International copyright laws and treaties. You acknowledge that the Content is and shall remain the property of Caliber Home Loans. You may not copy, modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. The use of the Content on any other web site, including by linking or framing, or in any networked computer environment for any purpose is prohibited without Caliber Home Loans’s prior written approval.
Caliber Home Loans (including the Caliber Home Loans logo), www.CaliberHomeLoans.com, and all related logos (collectively the “The Caliber Home Loans Trademarks”) are trademarks or service marks of Caliber Home Loans. Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks owned by Caliber Home Loans or others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Caliber Home Loans Trademarks displayed on this Site, without our prior written permission in each instance. We prohibit the use of any of the Caliber Home Loans Trademarks as part of a link to or from any site unless establishment of such a link is approved in advance by us in writing.
If you believe, in good faith, that any materials on the Site infringe your copyrights, notifications of claimed copyright infringement should be sent, in accordance with Title 17, United States Code, Section 512(c)(2) (under the “Digital Millennium Copyright Act”) to the Caliber Home Loans’s designated agent. Notification should include:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material you claim is infringing is located on the Site;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.
Caliber Home Loans‘s agent for notification of claimed copyright infringement is: Caliber Home Loans, PO Box 24610, Oklahoma City, OK 73124, Attention: General Counsel.
NONE OF CALIBER HOME LOANS, ANY OF ITS AFFILIATES, PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AGENTS OR INDEPENDENT CONTRACTORS (COLLECTIVELY THE “CALIBER HOME LOANS PARTIES”) GUARANTEES THE ACCURACY, ADEQUACY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT AND CALIBER HOME LOANS DISCLAIMS ANY LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT. THIS SITE AND ALL OF THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT. THE CALIBER HOME LOANS PARTIES DO NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS WEB SITE COULD INCLUDE TECHNICAL INACCURACY OR TYPOGRAPHICAL ERRORS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL THE CALIBER HOME LOANS PARTIES BE LIABLE FOR ANY DAMAGES INCLUDING GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL PUNITIVE OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION) OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE ARISING OUT OF, OR RELATING IN ANY WAY TO YOUR USE, OR INABILITY TO USE, THE CONTENT, THE SITE OR ANY THIRD PARTY SITE TO WHICH THIS SITE IS LINKED. THE CALIBER HOME LOANS PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THE SITE. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT THE CALIBER HOME LOANS PARTIES’ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
MONITORING OF THE SITE
Caliber Home Loans has no obligation to monitor the Site; however, you acknowledge and agree that Caliber Home Loans has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, or to protect itself or other users of the Site.
SUBMISSIONS TO THE SITE
You agree to indemnify and hold harmless the Caliber Home Loans Parties from and against any and all claims, losses, expenses, or demands or liabilities, including attorneys’ fees and costs, incurred by the Caliber Home Loans. Parties in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit, post to or transmit through the Site, or (ii) your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate as reasonably required in the defense of any such claims. The Caliber Home Loans Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of Caliber Home Loans. You further agree to indemnify and hold harmless the Caliber Home Loans Parties from any claim arising from a third party’s use of information or materials of any kind that you post in a public area on the site.
LINKS TO THIRD PARTY SITES
FOREIGN LANGUAGE DISCLAIMER
Caliber Home Loans makes no representation that the products and services described on the Site are available in all countries.
USE OF PERSONALLY IDENTIFIABLE INFORMATION
You agree to use the Content and Site only for lawful purposes. You are prohibited from any use of the Content or Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation.
Caliber Home Loans makes no claims concerning whether the Content may be downloaded or are appropriate for use outside of the United States. If you access this Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
This Agreement is effective until terminated by Caliber Home Loans at any time without notice. Caliber Home Loans may suspend or terminate your access and use of the Site at any time, with or without cause, in Caliber Home Loans’s absolute discretion and without notice. The following paragraphs of this Agreement shall survive termination of your use or access to the Site: paragraphs concerning indemnification, disclaimer of warranties, limitations of liability, applicable law and dispute resolution, and any other provision that by its terms survives termination of your use or access to the Site.
Failure by Caliber Home Loans to enforce any provision(s) of this Agreement shall not be construed to be a waiver of such provision(s) or of Caliber Home Loans’s rights thereafter to enforce such provisions(s) and each and every provision thereafter. THIS AGREEMENT AND ALL OTHER ASPECTS OF YOUR USE OF THE SITE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW JERSEY, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES. All claims and disputes arising out of this Agreement, and applicable federal law or your use of the Site, other than actions for specific performance or injunctive relief brought by Caliber Home Loans, shall be exclusively brought in the federal, state, or local courts located in New Jersey, and, with regard to such claims and disputes, you hereby irrevocably (i) submit to the exercise of personal jurisdiction over you by those courts and (ii) waive any jurisdictional, venue, or inconvenient forum objections to such courts. Any cause of action you may have with respect to the Content, the Site or this Agreement must be commenced within one (1) year after the claim or cause of action arose, or be barred. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of this Agreement shall remain in full force and effect. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. All rights not expressly granted herein are hereby reserved.
Last Updated: March 23, 2015
Caliber Home Loans, Inc.
Main Corporate Office: 3701 Regent Blvd., Irving, TX • NMLS: 15622
|Residential Mortgage Lender/Servicer||413-0994|
|Licensed by The Department of Business Oversight under the California Residential Mortgage Lending Act, Finance Lender Licensee|