TERMS OF USE
THANK YOU FOR USING OUR WEBSITE. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE
USING OUR SITE. YOUR USE OF OUR SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS
OF USE.
These Terms of Use are a legal document that governs your use of both our site and
any material on it. If you do not agree with these Terms of Use and do not wish
to be bound by them, please exit our site and do not use the site in the future.
We may amend these Terms of Use at any time by posting the amended terms here. Your
continued use of our site following the posting of any changes signifies your acceptance
of those changes. Please review our Privacy Policy which also governs your visit
to our site, to understand our privacy practices.
Our Ownership of the Site, and Your Right to Use Our Site.
All content and material provided on our site, including, but not limited to, all
design, text, symbols, and images, is owned by Impac Mortgage Holdings, Inc. or
one of its subsidiaries. Except as stated herein, they may not be copied, transmitted,
displayed, performed, distributed (for compensation or otherwise), licensed, altered,
framed, stored for subsequent use or otherwise used in whole or in part in any manner
without our prior written consent, except to the extent permitted by the Copyright
Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of our proprietary
rights.
Impac grants you a limited license to access and make personal use of our site and
the materials contained on our site, subject to these Terms of Use. You agree that
(i) you will not engage in any activities related to the site that are contrary
to applicable law, regulation, or the terms of any agreements you may have with
us, and (ii) in circumstances where locations of the site require identification
for process, you will establish commercially reasonable security procedures and
controls to limit access to your password or other identifying information to authorized
individuals.
You shall comply with any request from us to protect our or any of our third party
providers' rights. Anything that you transmit to us or through our site shall become
our property, may be used by us for any lawful purpose, and shall be subject to
disclosure as deemed appropriate by us, consistent with the terms of our Privacy
Policy, including to any legal or regulatory authority to which we are subject.
We reserve all rights with respect to ownership of all content and material at this
site, and will enforce such rights to the full extent of the law. This license will
terminate automatically if you use our site in violation of these terms.
Mortgage Loan Services
The Website may include services for mortgage loans made on real property. Loans
may only be made to residents of and secured by real property located in states
where we are licensed or authorized to make such loans.
We do not guarantee acceptance into any particular loan program or specific loan
terms or conditions. We do not guarantee that the loan terms or rates presented
are the best terms or lowest rates available in the market. We encourage you to
shop for the best product to suit your personal needs. An offer may be and generally
is subject to market conditions, submission of a full application, loan approval,
and qualification. The rates and fees may be higher or lower than initially quoted
depending on your complete credit profile, collateral/property considerations, and
income/asset considerations. Unless expressly stated in writing, nothing contained
herein shall constitute an offer or promise for a loan commitment or interest rate
lock-in agreement. We may not offer all products nor offer certain products in all
states.
Disclaimer of Warranty
The information available on our site is obtained from various sources we believe
to be accurate and reliable. We believe that all information we provide on our site
is accurate and reliable as of the date it is posted. However, errors sometimes
occur and we cannot and do not represent or warrant that the information and material
on this site are timely, correct, accurate, or reliable. The information and materials
on this site are provided on an "as is" and "as available" basis,
without any express or implied warranties of any kind, including any implied warranties
of merchantability, fitness for any particular purpose, freedom from viruses or
other harmful code, or non-infringement of third party rights. We further assume
no responsibility for and make no representations or warranties that the operation
of our site or any functions contained on our site will be uninterrupted or error-free,
that our site will operate correctly with any particular equipment you use to access
our site, that defects will be corrected, or that our site or the servers that make
it available are free from viruses or other harmful components. In addition, we
assume no responsibility for and make no representations and warranties that the
information provided by third parties for use on the site is accurate or that any
third party offering transactions or opportunities on our site will consummate those
transactions or opportunities. Opinions and any other content on our site are subject
to change without notice. We are not providing investment, legal, tax, financial
or other professional advice to you or any other party and no information or material
on our site is to be relied upon for the purpose of making or communicating investment
or other decisions. All material on this site is meant to be reviewed in its entirety,
including any footnotes, legal disclaimers, restrictions, disclosures, and copyright
or proprietary notices. Any disclaimers, restrictions or disclosures apply to any
partial document or material in the same manner as they do the whole, and will be
deemed incorporated in the portion of any material or document that you consult
or download.
Limitation of Liability
YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES
SHALL WE OR OUR PARENTS, AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS, AND LICENSORS BE LIABLE FOR ANY COSTS, CLAIMS, DAMAGES, LOSSES, OR EXPENSES
OF ANY KIND ARISING IN CONNECTION WITH YOUR ACCESS TO, USE OF, OR INABILITY TO USE
OUR SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE,
INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND
PUNITIVE DAMAGES, EVEN IF WE OR AN AUTHORIZED REPRESENTATIVE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You hereby agree to indemnify and hold us and our parents, affiliates, subsidiaries,
officers, employees, agents, partners, and licensors harmless from and against any
and all claims, damages, losses or expenses (including, but not limited to, attorneys
fees and costs of investigation) arising from, out of, or in connection with your
use of our site or your violation of these Terms of Use.
Links to Third Party Sites
Our site may provide "hyperlinks," also known as "links," to
sites owned and operated by third parties. Links to such third party sites are provided
for your convenience only and should not be construed as our endorsement of or responsibility
for any site, company, product, or service. We are not responsible for the content
of off-site pages or any other site linked to or linking to this site and we make
no warranty, either express or implied, concerning the content of such site, including
the accuracy, completeness, reliability, or suitability thereof for any particular
purpose, nor do we warrant that such site or content is free from any claims of
copyright, trademark, or other infringement of the rights of third parties or that
such site or content is devoid of viruses or other contamination. Your use of any
off-site pages or other sites is at your own risk. We are not responsible for the
content, accuracy, or availability of the information presented on those sites and
we specifically disclaim any liability for any claim, damage, loss, or expense you
may incur, directly or indirectly, as a result of your use of those sites. We further
reserve the right to terminate a link to a third party site at any time.
General Information
These Terms of Use shall be governed by and construed in accordance with the substantive
and procedural laws of the State of California, without giving effect to the principles
of conflicts of law or choice of law thereof. By using our site, you hereby irrevocably
submit to the exclusive personal jurisdiction before the courts of the State of
California and the United States District Court located in the city of Santa Ana,
California, and the appellate courts thereof. You agree that any claim or cause
of action by you arising out of or related to use of the Site must be filed within
one (1) year after such claim or cause of action arose or be forever barred. If
any provision herein, including, without limitation, the warranty disclaimers and
liability limitations set forth above, is found by a court of competent jurisdiction
to be invalid or unenforceable, 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 hereof shall continue in
effect. Except as otherwise provided herein, this constitutes the entire agreement
between you and us and governs your use of the Service, superseding any prior agreements
between you and us with respect to its subject matter.