Please read the following agreement ("Agreement") in its full entirety and carefully prior to using this Website ("Site"). This will be construed as the TheFreeDownPayment.com TERMS OF USE AGREEMENT. The Terms of Use Agreement governs your use of the TheFreeDownPayment.com Website. Please read this Terms of Use Agreement ("Agreement") carefully. Accessing and use of this Web site and any pages hereof constitutes your agreement to be legally bound by the terms and conditions below. The site is subject to additional disclaimers and notices that may appear through the Site. TheFreeDownPayment.com reserves the right, in its sole discretion to modify, alter or otherwise update the terms of use at any time. If you do not agree to be bound with the terms, YOU MAY "NOT USE" THE SERVICE.
General Acceptance.
The following Terms of Use constitute a legal agreement ("Agreement") between you and TheFreeDownPayment.com.com, LLC ("TheFreeDownPayment.com") with respect to your access to, and use of, the TheFreeDownPayment.com.com website (the "Site") and any services provided by or through the Site or TheFreeDownPayment.com. By accessing, browsing and/or otherwise using the Site, whether as a visitor or as a user of the Site, or by accessing or using any services provided by or through the Site or TheFreeDownPayment.com, you acknowledge and agree that (1) you have read and understand these Terms of Use and TheFreeDownPayment.com' Privacy Policy, (2) you will be bound by these Terms of Use and TheFreeDownPayment.com' Privacy Policy and (3) you will comply with any and all applicable laws, rules and regulations in connection with your access to, and use of, the Site and any services provided by or through the Site or TheFreeDownPayment.com. If you do not agree to all of these Terms of Use as set forth in this Agreement or any modifications thereto made by TheFreeDownPayment.com, you must read these Terms of Use and indicate your agreement to and acceptance of these Terms of Use before becoming a user, communicating with other users or otherwise accessing or using any services provided by or through the Site or TheFreeDownPayment.com.
Third Party Websites and Services.
Links to third party sites and services on the Site, or referenced in any emails distributed by TheFreeDownPayment.com, are provided solely as a convenience to you. If you use these links, you will be directed to a third party site and these Terms of Use will not govern your access to, or use of, that third party site or any services provided by that third party. TheFreeDownPayment.com has not reviewed any of these third party sites or services and does not control or monitor and is not responsible for any of these sites or services, or their content or policies, including, without limitation, their privacy policies or lack thereof. TheFreeDownPayment.com does not endorse or make any representations about third party sites or any information, software or other products or materials found there, any services provided by third parties or any results that may be obtained from using them. If you decide to access or use any of the third party sites or services linked to the Site, you do so entirely at your own risk. You acknowledge and agree that TheFreeDownPayment.com shall not be responsible or liable, directly or indirectly, for, and you hereby release and agree to hold harmless TheFreeDownPayment.com from, any and all damages or losses caused or alleged to be caused by, or in connection with, the access or use of, or reliance on, any such third party sites or their content or any services provided by third parties.
You are responsible for regularly reviewing this Agreement.
Ownership of Intellectual Property
The works of authorship contained in this Web Site, including but not limited to all design, text and images, are owned, except as otherwise expressly stated, by ALM or its licensors. United States and worldwide copyright laws and treaty provisions protect the contents of this Web Site. In accordance with these terms, except as stated above,
Appropriate Conduct and Prohibited Uses:
You agree that you are responsible for your own conduct and content while using the Service and for any consequences thereof. You agree to use the Service only for purposes that are legal, proper and in accordance with these Terms of Use and any applicable policies or guidelines. By way of example, and not as a limitation, You agree that when using the Service, You will not:
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful Content;
upload, post, email or transmit or otherwise make available any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless You are the owner of the Rights or have the permission of the owner to post such Content;
upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, these Terms of Service or any applicable policies or guidelines.
download any file posted by another that You know, or reasonably should know, that cannot be legally distributed in such manner;
impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
restrict or inhibit any other user from using and enjoying Site Owners and/or ALM services;
use services for any illegal or unauthorized purpose;
interfere with or disrupt services or servers or networks connected to Site Owners and/or ALM services, or disobey any requirements, procedures, policies or regulations of networks connected to Site Owners and/or ALM services;
use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of services or collect information about users for any unauthorized purpose;
submit Content that falsely expresses or implies that such Content is sponsored or endorsed by ALM and/or Site Owner;
create user accounts by automated means or under false or fraudulent pretenses;
promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
Redeliver, transfer, or sell any information, software, lists of users, databases or other lists, products, or services provided through or obtained from the Site Owner and/or ALM Web Sites. This includes among other activities, using "framing, scraping, screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or other information and includes any of the pages, text, images or other content of this Web Site technology without express written permission.
Soliciting any of the individuals or companies listed on this web site for purposes of selling products or services is prohibited.
International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.
1.
EXPLANATION OF THE SERVICE OFFERED
Completion of the Loan Information Form - You agree that all of the information that you are providing through the TheFreeDownPayment.com website loan information form is accurate, truthful and complete. You are not misrepresenting your identity or your relationship with any other person or entity. You hereby authorize and allow TheFreeDownPayment.com to submit your Loan Information Form to a trusted third party lender / broker who is authorized to originate loans in your jurisdiction. By completing the loan information form and submitting the Submit Application button, you are consenting to be contacted by one or more Providers either by mail, email or telephone, even if you have previously listed yourself on any private, state or Federal Do-Not-Call List. You agree that any provider may maintain the information provided to TheFreeDownPayment.com whether or not you choose to use their services. Should you choose not to be notified by the provider, you will need to notify the provider directly.
2.
FUNCTION OF THEFREEDOWNPAYMENT.COM
The website acts solely as a marketplace for you to find and transact with others who offer services you are requesting. TheFreeDownPayment.com is not a lender or mortgage broker and does not make mortgage loans or credit decisions in connection with loans. TheFreeDownPayment.com is not a party to any agreement you may make with a lender or broker with regard to any loan product or other product or service. TheFreeDownPayment.com does not endorse, warrant or guarantee the products or services of any user of the website or the service offered. TheFreeDownPayment.com does not charge the visitor any fees to use our services. TheFreeDownPayment.com is paid a fee by the participating provider, lender / broker.
3.
LIMITATION OF LIABILITIES
All information, services and products, providers, lenders, brokers or any other entity on the TheFreeDownPayment.com web site shall not be liable for any indirect, incidental, special or consequential damages resulting from the use or the inability to use the service or for any costs to find alternate services. Use on the TheFreeDownPayment.com site is at your own risk. Some jurisdictions do not allow this notice as a disclaimer, so this may not apply to you which may allow other legal rights. Under no circumstances will any damages provided by law apply unless they are required to by statute.
IN NO EVENT WILL THEFREEDOWNPAYMENT.COM, ITS AFFILIATES, BUSINESS PARTNERS, DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, WHETHER ANY OF THE SAME ARE BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF, RELATING TO, OR RESULTING FROM, (1) ACCESS TO, USE OF, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO THE SITE, THE MATERIALS, SOFTWARE OR OTHER INFORMATION CONTAINED IN ANY OR ALL SUCH SITES, (2) ANY SERVICES PROVIDED BY OR THROUGH THE SITE OR OTHERWISE PROVIDED BY OR THROUGH THEFREEDOWNPAYMENT.COM (3) ANY EMAILS, PROMOTIONAL MATERIALS, ADVERTISEMENTS OR OTHER CORRESPONDENCE DISTRIBUTED (WHETHER THROUGH EMAIL OR OTHERWISE) BY THEFREEDOWNPAYMENT.COM, ITS AGENTS AND/OR BUSINESS PARTNERS. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THE SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
4.
DISCLAIMER OF WARRANTIES
You agree that use of any services on TheFreeDownPayment.com is "At Your Own Risk" and services provided are "As Is". TheFreeDownPayment.com and all of its participating providers explicitly disclaim any warranty of any kind, whether express or implied, as to any services and products offered herein including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. TheFreeDownPayment.com and its service providers make no warranty that the service will meet your requirements, or that the service will be uninterrupted, timely, secure, or error free, nor does TheFreeDownPayment.com and its service providers make any warranty as to the results that may be obtained from the use of this service as to confidentiality or privacy of any users information, except for as described and set forth in the TheFreeDownPayment.com Privacy Policy. Some jurisdictions do not allow this notice as a disclaimer, so this may not apply to you which may allow other legal rights. Under no circumstances will any damages provided by law apply unless they are required to by statute.
TheFreeDownPayment.com takes commercially reasonable steps to safeguard information and to prevent any unauthorized access to your information and we cannot be responsible for the acts of those who gain unauthorized access and we make we make no warranty, express, implied or otherwise that we will prevent unauthorized access to your private information. In no event shall TheFreeDownPayment.com be liable for any damages arising out of a Third party's unauthorized access to your information and regardless of whether TheFreeDownPayment.com was given actual notice that damages were possible.
The Site, including, without limitation, all software, functions, materials, and information and other content on the Site, any promotional items or advertisements distributed by TheFreeDownPayment.com or its agents or business partners through email or other correspondence and any services provided by or through the Site or TheFreeDownPayment.com, are provided "as is" without warranties of any kind, either express or implied. TheFreeDownPayment.com hereby disclaims all warranties, express or implied, including, but not limited to, warranties of quiet enjoyment and non-infringement, merchantability, fitness for a particular purpose, title, and merchantability of computer programs, data accuracy, system integration and informational content with respect to the Site, its content, the above-mentioned emails and correspondence and any services provided by or through the Site or TheFreeDownPayment.com.
TheFreeDownPayment.com is not responsible for and does not warrant or make any representations regarding the operation of the Site, the use, validity, accuracy or reliability of, or the results of the use of, the materials on the Site, any other sites linked to the Site or any services provided by or through the Site, TheFreeDownPayment.com or any third parties. The materials on the Site may be out of date, and TheFreeDownPayment.com makes no commitment to update the materials on the Site.
TheFreeDownPayment.com does not and cannot guarantee or warrant that the files available for downloading from the Site, if any, will be free from infection, viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. Therefore, you should exercise caution in the use and downloading of any files and use industry-recognized software to help detect and disinfect viruses. TheFreeDownPayment.com does not warrant that the Site, software, materials, products, or services will be uninterrupted or error-free or that any defects in the Site, software, materials, products, or services will be corrected.
TheFreeDownPayment.com is not responsible for and makes no warranties, express or implied, with respect to any User Material or third party advertisements or content posted or transmitted on or through the Site, or the accuracy or reliability thereof, and, unless otherwise specified by TheFreeDownPayment.com, such User Material and third party advertisements and content do not in any way constitute the opinions or policies of TheFreeDownPayment.com. TheFreeDownPayment.com is not responsible for the conduct, whether online or offline, of any Site user.
Some jurisdictions do not allow the disclaimer of implied warranties. Therefore, in such jurisdictions, some of the foregoing disclaimers and limitations may not apply to you insofar as they relate to implied warranties.
You should never use any information or content on the Site or any services provided by or through the Site or TheFreeDownPayment.com as a substitute for advice from a qualified professional and, notwithstanding any content contained on the Site or services provided by or through the Site or TheFreeDownPayment.com, in no event will TheFreeDownPayment.com be deemed to be providing any professional advice (including, without limitation, any real estate or legal advice) based upon any content on the Site or services provided by or through the Site or TheFreeDownPayment.com.
The Site and any services provided by or through the Site or TheFreeDownPayment.com may be temporarily unavailable from time to time for maintenance or other reasons. TheFreeDownPayment.com assumes no, and hereby disclaims any, responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or member communications. TheFreeDownPayment.com is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, or failure of email or players on account of technical problems or traffic congestion on the Internet or at any site or combination thereof, including, but not limited to, injury or damage to your or to any other Person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Internet and/or in connection with the Site. Under no circumstances will the Company be responsible for any loss or damage, including, but not limited to, any loss or damage to any User Material or personal injury or death, resulting from the use of the Site or any services provided by or through the Site or TheFreeDownPayment.com, any User Material or third party applications, software advertisements or other Content posted on or through the Site or transmitted to Site users, or any interactions between, or conduct of, users of the Site, whether online or offline.
TheFreeDownPayment.com reserves the right to change the Site and any and all content, software and other items used or contained on the Site and any services provided by or through the site or TheFreeDownPayment.com at any time and with or without notice.
TheFreeDownPayment.com operates the Site and the services provided by or through the Site from within the United States of America and makes no representation that the content, services or information provided by or through the Site or TheFreeDownPayment.com is appropriate or will be available for use in other locations. If you use the Site or services provided by or through the Site outside of the United States, you are solely responsible for compliance with all applicable laws, rules and regulations, including, without limitation, all import or export laws, rules and regulations.
5.
INDEMNIFICATION AND RELEASE
You hereby agree to hold TheFreeDownPayment.com, its subsidiaries, affiliates, officers, employees and service providers harmless from any claim or demand, including reasonable attorney's fees made by any third party due to or arising out of use of the service, the violation of this agreement by you or the infringement by you, or any other user of the service. By accessing or using the Site or any services provided by or through the Site or TheFreeDownPayment.com you agree to indemnify, release and hold harmless each of TheFreeDownPayment.com, its affiliates, business partners, directors, officers, members, employees, agents, contractors, successors and assigns, from and against any and all damages, liabilities, claims (including, without limitation, third party claims), demands, injuries, losses, costs and expenses (including reasonable attorneys' fees) arising out of or in connection with (a) your use of the Site or its contents or any services provided by or through the Site or TheFreeDownPayment.com, (b) any promotional materials, advertisements, or other correspondence distributed (whether through email or otherwise) by TheFreeDownPayment.com, its agents and/or business partners, (c) any User Material or other content posted on the Site, (d) your conduct in connection with the Site or any services provided by or through the Site or TheFreeDownPayment.com or with other users of the Site or such services and (e) your violation of this Agreement.
You hereby release and forever discharge TheFreeDownPayment.com and its service providers including but not limited to their respective agents, officers, directors, employees, suppliers, licensees and any connected persons from any and all manner of claims, complaints, demands and liabilities, arising from or related to your use of the service.
6.
ACCURACY OF INFORMATION ON THE SITE
It is the goal of TheFreeDownPayment.com to have accurate and reliable information; however, TheFreeDownPayment.com does not guarantee the site to be error free.
7.
THIRD PARTY LINKS
TheFreeDownPayment.com may contain links to external web sites owned and maintained by third party companies for your convenience. TheFreeDownPayment.com does not endorse and are not responsible for the availability of these sites. Your use of them is solely at your own risk.
8.
OWNERSHIP AND TRADEMARKS
The site is owned and operated by TheFreeDownPayment.com. All the material on TheFreeDownPayment.com, including but not limited to trademarks, service marks, design, graphics, images, logos, collectively (the Content) is the property of TheFreeDownPayment.com and / or its service providers and participating lenders / brokers. Your use of the site does not transfer to you any ownership or rights of the content. Permission is granted to electronically copy and to print hard copy portions of this site for the sole purpose of placing an inquiry or request from TheFreeDownPayment.com for products or services at this site. Any other use is including duplication, framing of pages, and use of the site for public or commercial purposes is strictly prohibited without the prior written consent of TheFreeDownPayment.com.
9.
DISPUTE RESOLUTION
By using the TheFreeDownPayment.com site, you consent and agree to waive any rights you may have to trial by jury concerning any dispute with the services or cause of Action ("Claims") arising out of or in connection with the provisions of this Agreement. Any claim or controversy arising out of or relating to the use of this Web site, to the goods or services provided by any provider, or to any acts or omissions for which you may contend TheFreeDownPayment.com is liable, including but not limited to any claim or controversy as to arbitrarily ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitration shall be venued in Harris County, Texas except for Maine consumers for whom the location shall be a place reasonably convenient to the consumer. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to TheFreeDownPayment.com.
10.
BINDING ARBITRATION
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND THEFREEDOWNPAYMENT.COM WILL BE RESOLVED BY BINDING ARBITRATION. YOU THEREFORE 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. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using TheFreeDownPayment.com's goods and services you consent to these restrictions.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and TheFreeDownPayment.com, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Harris County, Texas. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees.
The arbitrators shall not have the power to award damages in connection with any in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto.
11.
APPLICABLE LAW, ENTIRE AGREEMENT, OTHER TERMS
This Agreement constitutes the entire agreement between you and TheFreeDownPayment.com and it supersedes all prior or simultaneous communications, promises and proposals, whether oral, written or electronic, between you and TheFreeDownPayment.com with respect to this Web site and information and services associated with it. This site, TheFreeDownPayment.com (excluding any linked sites) is owned and operated by TheFreeDownPayment.com which is domiciled in the State of Texas, Harris County, United States. The site can be accessed from around the world and other jurisdictions have varying laws and guidelines that may or may not differ from those of the State of Texas. Both you and TheFreeDownPayment.com agree that the statutes and laws of the State of Texas, without regard to any conflicts of laws, will apply to all matters arising from or related to the use of TheFreeDownPayment.com.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form 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. All rights not expressly granted herein are reserved.
12.
Miscellaneous.
This Agreement, together with the other documents referenced herein, constitutes the entire agreement between the parties and supersedes any prior agreements between the parties with respect to the subject matter hereof.
If any provision(s) of this Agreement is held by a court of competent jurisdiction to be unenforceable or contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
TheFreeDownPayment.com' failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by TheFreeDownPayment.com in writing.
The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
This Agreement shall be binding upon each of the parties hereto and their successors and permitted assigns. This Agreement and any rights or obligations hereunder may be assigned, in whole or in part, in any manner by TheFreeDownPayment.com with or without notice and without requiring any consent or agreement from you. Neither this Agreement nor any rights or obligations hereunder may be assigned, in whole or in part, in any manner by you without the express, prior written consent of TheFreeDownPayment.com, which consent may be granted or withheld in TheFreeDownPayment.com' sole and absolute discretion.
Nothing contained in this Agreement or by virtue of your access to or use of the Site will create any partnership, joint venture, agency, franchise, representation or employment relationship between you and TheFreeDownPayment.com.
13.
Use Restrictions.
(a) Limited Access.
Except as otherwise expressly permitted by TheFreeDownPayment.com, any access or attempt to access areas of the TheFreeDownPayment.com computer system or infrastructure (other than the Site) for any purposes is strictly prohibited. You agree that you will not use any robot, spider or other automatic device, or manual process, to "screen scrape," monitor, "mine," or copy the webpages on the Site or the content contained therein without TheFreeDownPayment.com' prior, express, and written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Site or TheFreeDownPayment.com' infrastructure.
(b) Additional Use Restrictions.
You shall not post, transmit, email, re-transmit, store or contribute User Material or any communication on, through or to the Site which, in the sole and absolute judgment of TheFreeDownPayment.com: (i) is in violation of any local, state, federal or foreign law, rule or regulation, (ii) is threatening, obscene, indecent, libelous, slanderous, defamatory, fraudulent or that otherwise could adversely affect any individual, group or entity, including, without limitation, TheFreeDownPayment.com (hereinafter, collectively, "Persons") or (iii) violates the rights of any Person, including, without limitation, rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations. You shall be responsible for determining what laws, rules and regulations are applicable to your access to and use of the Site and services provided by or through the Site or TheFreeDownPayment.com. In addition, you may only use the Site and services provided by or through the Site or TheFreeDownPayment.com in a manner that, in TheFreeDownPayment.com' sole and absolute judgment, is consistent with the purposes of the Site and such services. By way of illustration, and not limitation, the following uses described below of the Site and such services are expressly prohibited and will constitute an automatic violation of this Agreement:
Uploading, posting, emailing, sharing or otherwise transmitting or storing any User Material that is, in TheFreeDownPayment.com' sole and absolute discretion, unlawful, fraudulent, harmful, threatening, infringing, abusive, harassing, tortious, defamatory, libelous, slanderous, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that restricts or inhibits any other Person from using or enjoying the Site or any services provided by or through the Site or TheFreeDownPayment.com or which may expose TheFreeDownPayment.com or any other Person to any harm, damage or liability;
Uploading, posting, emailing, sharing or otherwise transmitting or storing any User Material that contains nudity, violence or other offensive matter or contains any link to an adult website. Pornography and pornographic related merchandising are strictly prohibited on the Site, including, without limitation, providing any links to pornographic content elsewhere;
Soliciting personal information for any unlawful purpose;
Harming minors in any way;
Exploiting any Person or thing in a sexual or violent manner;
Impersonating any Person, or falsely stating or otherwise misrepresenting yourself, your age or your affiliation with any Person;
Forging headers or otherwise manipulating identifiers in order to disguise the origin of any User Material transmitted through the Site or covering or obscuring the banner advertisements on your Site posting or any Site webpage;
Uploading, posting, emailing, sharing or otherwise transmitting or storing any User Material that you do not have a right to transmit or store under any law or under contractual or fiduciary relationship;
Uploading, posting, emailing, sharing or otherwise transmitting or storing any User Material that infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any Person;
Uploading, posting, emailing, sharing or otherwise transmitting any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation. TheFreeDownPayment.com reserves the right at any time and with or without notice to restrict the number of emails that a Site user may send to another Site user in any 24-hour period to a number that TheFreeDownPayment.com deems appropriate in its sole and absolute discretion;
Engaging in, or inducing or attempting to induce any other Person to engage in, any activities with the purpose or intent to defraud any Person, including, without limitation, TheFreeDownPayment.com;
Harvesting or collecting any contact information of other Site users from the Site by electronic or other means for the purpose of sending unsolicited emails or other unsolicited communications;
Uploading, posting, emailing, sharing or otherwise transmitting or storing any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Disrupting the normal flow of dialogue, causing a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in any real time exchanges on the Site;
Using any automated device or computer program that enables the submission of postings or listings on the Site without each posting being manually entered by the author thereof, including without limitation, using any such device or program to submit postings or listings in bulk, or for automatic submission of postings or listings at regular intervals;
Using any automated device or computer program that enables the use of the Site's "flagging system" or other community moderation systems without each flag being manually entered by the person that initiates the flag, or using the flagging tool to remove postings or listings of competitors;
Using any posting agent or posting service, or acting as a posting agent or service, to post or list any User Material on or through the Site;
Interfering with or disrupting the services or servers or networks connected to the Site, or disobeying any requirements, procedures, policies or regulations of networks connected to the Site;
Intentionally or unintentionally violating any local, state, federal or foreign law, rule or regulation or otherwise committing any criminal or morally offensive offense, including, without limitation, violating the Fair Housing Act by stating, in any notice or ad for the rental of any property, a discriminatory preference based upon race, color, national origin, religion, sex, familial status or handicap (or otherwise violating any federal, state or local law prohibiting discrimination on the basis of these or any other characteristics);
"Stalking" or otherwise harassing or intimidating another Person;
Promoting or providing instructional information about illegal activities, promoting harm, damage or injury to any
Person, or promoting any act of physical harm or cruelty to others or animals;
Effecting any security breaches or disruptions of Internet communications;
14.
Eligibility; Fees.
Use of the Site and/or any services provided by or through Site or TheFreeDownPayment.com is void where prohibited. The Site and any service provided by or though the Site or TheFreeDownPayment.com is intended only for users who are at least eighteen (18) years of age. Any use of, or access to, the Site or any service provided by or through the Site or TheFreeDownPayment.com, by any individual under the age of eighteen (18) is strictly prohibited and will constitute an automatic violation of these Terms of Use. By accessing, browsing and/or otherwise using the Site or any service provided by or through the Site or TheFreeDownPayment.com, you represent and warrant that (1) you are at least eighteen (18) years of age, (2) your use of the Site and such services does not violate any applicable law, rule or regulation, (3) any information that you have posted on the Site is complete, correct and accurate in all respects and (4) you will at all times maintain the accuracy of such information.
If you violate any of these Terms of Use as set forth in this Agreement, your authorization to use the Site and any services provided by or through the Site or TheFreeDownPayment.com will automatically terminate and you agree to immediately destroy any downloaded or printed materials from the Site and discontinue all use of the Site (and links thereto) and any service provided by or through the Site or TheFreeDownPayment.com. In addition, TheFreeDownPayment.com may terminate your use, or ability to use, the Site or any services provided by or through the Site or TheFreeDownPayment.com, delete all or any portion of the content (including, without limitation, any posting material) you have posted on the Site, restrict or prohibit your access to the Site or take any other lawful actions, at any time for any reason or no reason, with or without notice, as determined in TheFreeDownPayment.com' sole and absolute discretion, including, without limitation, if (1) TheFreeDownPayment.com believes or has any reason to believe that you are: under the age of eighteen (18); or over the age of eighteen (18) but represent yourself as being under the age of eighteen (18) or (2) TheFreeDownPayment.com believes or has any reason to believe that you are violating any of these Terms of Use as set forth in this Agreement.
