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Acceptance of Terms of Use
Welcome to the web site (the “Website”) of the We Save Homes, Inc. (“WSHI” or “we”). Please read these Terms of Use (“TOU”) for the Website. We require that all visitors (“you”) to our Website abide by the following TOU. By accessing and using the Website, and the information and services available through the Website, you expressly agree and consent to be legally bound by these TOU. If you do not agree to these TOU, please do not access or use the Website. These TOU are in addition to any other agreements between you and WSHI, and any other agreements that govern your use of products, services, content, tools and information available on the Website. Modification of Terms of Use WSHI owns and operates the Website and reserves the right, at its discretion, to modify the TOU at any time and any such modification will be effective immediately upon posting the modification. You should check these TOU periodically for modifications. If you use the Website after we post modifications to the Website, then you will be bound by such modifications. Description of Services The Website provides you with access to information concerning foreclosure mitigation products and services, including note negotiation, mortgage modification, deed in lieu of foreclosure, short sales, bankruptcy, refinancing, credit and debt settlement, programs, products and services offered by independent and affiliated service providers and a variety of resources, including but not limited to articles, tools and calculators, download areas, communication forums, and product information (collectively “Services”). The Services, including any modifications, deletions, updates, enhancements and new features (collectively “Site Changes”) are subject to these TOU. We reserve the right to make any Site Changes at any time and in any manner, without prior notice. WSHI MAKES NO GUARANTEE OR WARRANTY THAT THE SERVICES OR INFORMATION RELATING THERETO ARE ACCURATE OR CORRECT. Website Use Limitations The Website is intended only for your personal, non-commercial use and display. We hereby grant you a limited, nonexclusive, nontransferable license to view and bookmark the pages within this Website provided that you agree not to remove any copyright or other notices contained therein. In addition, you may not modify, copy, distribute, transmit, post, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any pages, data, information, software, products or Services obtained from the Website unless you have obtained the prior written permission of WSHI. We reserve all rights not expressly granted herein, and expressly reserve the right to monitor any and all use of the Website and its Services. In consideration of your use of the Website and/or its Services, you represent and agree that you are at least 18 years of age, able to form a binding contract, and are not a person barred from receiving Services under the laws of the United States or applicable jurisdiction. You also agree that you will: (a) not violate any laws, regulations, third party rights, or our policies, including, but not limited to the Privacy Policy and the terms of this TOU; (b) provide true, accurate, current and complete information about yourself and your financial situation; (c) not circumvent or manipulate our fee structure, the billing process, or fees otherwise owed to WSHI (if any); (d) not post false, inaccurate, misleading, defamatory, libelous or copyrighted / trademarked content; (e) not distribute or post spam, chain letters, pyramid schemes, viruses or any other technologies that may harm WSHI, its Website or the users thereof; (f) not copy, modify, or distribute content from the Website, the Services and WSHI’s copyrights and/or trademarks, or remove any proprietary notices from materials you obtain through the Website or its Services, including but not limited to, copyright or trademark notices; (g) not use the Website or its Services in any manner that could damage, disable, overburden, or impair any WSHI server, or the network(s) connected to any WSHI server, or interfere with any other party’s use and enjoyment of any the Website or its Services; and (h) not attempt to gain unauthorized access to the Website or its Services, other usernames, computer systems or networks connected to any WSHI server through hacking, password mining or any other means. Furthermore, you may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website or its Services. If you violate any of these TOU, or WSHI has reasonable grounds to suspect that you have violated these TOU, WSHI has the right to suspend or terminate your account (if any) and refuse any and all current or future use of the Website and its Services. No Legal Counseling / No Advice This Website merely acts as a web portal that connects you to third party internet-based "do it yourself" foreclosure mitigation software providers (each a "Contractor"). Neither WSHI nor this Website is a law firm, lawyer, or a lawyer referral service and neither are licensed to practice law, nor engage in the practice of law, in any jurisdiction. WSHI is neither affiliated with its Contractors nor participates in, administers or has any responsibilities or obligations regarding your mortgage modification or related program and its success or failure. WSHI does not help you obtain credit, improve your credit report, record, history or rating. Moreover WSHI does not help you dispute information on your credit report, settle your credit card debt, or file bankruptcy. WSHI is not an attorney or credit counselor and does not give legal or financial advice. Trademarks / Copyrights / Other Rights WSHI owns and retains the rights to the Website, the Services and to all text, logo or graphic images appearing therein, and all such materials are protected by copyright, trademark, and other laws. Nothing in these TOU transfers any rights in such materials to you or any third party. WSHI’s trademarks and servicemarks may not be used in connection with any product or service that is not WSHI’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits WSHI. All other marks appearing on the Website are the exclusive property of their respective owners. All content, and the compilation thereof, on the Website, including, but not limited to, text, graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, icons, html code and xml code, is the exclusive property of WSHI or its content vendors and is protected by United States and international copyright laws. All software used on the Website or in the Services is the exclusive property of WSHI or its software suppliers and is protected by U.S. and international copyright laws and other laws. Privacy and Electronic Communications WSHI takes your privacy very seriously. We are committed to the highest standards in protecting and safeguarding your right to privacy while using the Website and its Services. Please review our Privacy Policy in full to understand our privacy practices. Importantly, by using this Website and its Services, you understand and voluntarily consent to the collection and use of your information as set forth in the Privacy Policy. You also acknowledge and agree that by providing WSHI with any personal or proprietary information through the Website or its Services or otherwise, you consent to the transmission of such personal or proprietary information as set forth in the Privacy Policy and in accordance with WSHI’s standard business practices. You also consent to receive communications from us electronically (unless you otherwise opt out as set forth in the Privacy Policy). We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. YOU SHOULD BE AWARE THAT WEB SITES NOT OWNED BY WSHI, INCLUDING THE SITES OF OUR CONTRACTORS (“LINKED SITES”), MAY CONTAIN TRANSMISSION OF PERSONAL DATA PROVISIONS THAT DIFFER FROM THE PROVISIONS PROVIDED HEREIN. WSHI IS NOT RESPONSIBLE FOR SUCH PROVISIONS, AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RELATED TO SUCH PROVISIONS. By using the Website, you expressly acknowledge and agree that WSHI will not be liable for any loss that you may incur. If you are under 18, you may not use the Website. WSHI reserves the right to refuse service, terminate accounts, and remove or edit content in its sole discretion. Warranty Disclaimers YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE WEBSITE, SERVICES, AND ALL OTHER INFORMATION, DOCUMENTATION OR SERVICES AVAILABLE ON THE WEBSITE, INCLUDING TEXT, IMAGES, AND LINKS, AND THE INFORMATION ON ANY LINKED SITE, WHETHER AFFILIATED OR UNAFFILIATED WITH WSHI, WHICH YOU MAY VISIT THROUGH THIS WEBSITE, ARE PROVIDED “AS IS,” “WHERE IS,” AND “AS AVAILABLE,” BY WSHI, AS A CONVENIENCE TO ALL USERS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WSHI EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE, SERVICES, THESE TOU, THE PRIVACY POLICY OR ANY OTHER INFORMATION, DOCUMENTATION OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE EXPRESS OR IMPLIED WARRANTIES: (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) OF INFORMATIONAL CONTENT OR ACCURACY; (III) OF NON-INFRINGEMENT; (IV) OF QUIET ENJOYMENT; (V) OF TITLE; (VI) THAT THE WEBSITE, SERVICES, OR ANY OTHER INFORMATION, DOCUMENTATION OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE OF VIRUSES, ERRORS, WORMS, DATE BOMBS, TIME BOMBS OR OTHER HARMFUL COMPONENTS; (VII) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; (VIII) THAT THE WEBSITE, SERVICES, OR ANY OTHER INFORMATION, DOCUMENTATION OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE WILL BE COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM; OR (IX) THAT THE WEBSITE, SERVICES, OR ANY OTHER INFORMATION, DOCUMENTATION OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. EFFORTS BY WSHI TO MODIFY THE SITE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS. THE WEBSITE, SERVICES, THESE TOU, THE PRIVACY POLICY, OR ANY OTHER INFORMATION, DOCUMENTATION OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WSHI AND/OR ITS SERVICE PROVIDERS MAY MAKE CHANGES IN THE WEBSITE, SERVICES OR ANY OTHER INFORMATION, DOCUMENTATION OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE AT ANY TIME AND FROM TIME TO TIME. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE, SERVICES OR ANY OTHER INFORMATION, DOCUMENTATION OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACCESS, VIEWING OR DOWNLOAD OF ANY SUCH CONTENT. IN JURISDICTIONS THAT DO NOT ALLOW LIMITATIONS ON IMPLIED OR EXPRESS WARRANTIES, WSHI’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. Limitation of Liability / General Release BY USING THE WEBSITE, SERVICES OR ANY OTHER INFORMATION, DOCUMENTATION OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WSHI AND ITS SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, INTERRUPTION OF BUSINESS, OR OTHER TANGIBLE OR INTANGIBLE LOSSES HOWSOEVER CAUSED WHETHER ARISING UNDER OR IN CONNECTION WITH THE WEBSITE, SERVICES, THESE TOU, THE PRIVACY POLICY OR ANY OTHER INFORMATION, DOCUMENTATION OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE OR OTHERWISE EVEN IF WSHI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS NEGLIGENT. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES THAT MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE EVENT. BY USING THE WEBSITE, YOU ALSO EXPRESSLY UNDERSTAND AND AGREE THAT WSHI OR ANY THIRD PARTY ENGAGED IN PROVIDING SERVICES TO YOU ON OR THROUGH THE WEBSITE SHALL NOT BE RESPONSIBLE OR LIABLE FOR THESE DAMAGES OR OTHER OCCURRENCES BEYOND THE CONTROL OF WSHI OR SUCH THIRD PARTIES. IN JURISDICTIONS THAT DO NOT ALLOW LIMITATION OF CERTAIN DAMAGES, WSHI’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. BY USING THIS WEBSITE, SERVICES OR ANY OTHER INFORMATION, DOCUMENTATION OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE, YOU EXPRESSLY AND GENERALLY RELEASE AND WAIVE ANY AND ALL CLAIMS AGAINST WSHI AND ITS SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS, PARTNERS AND LICENSORS IN RELATION TO THE WEBSITE, SERVICES, THESE TOU, THE PRIVACY POLICY OR ANY OTHER INFORMATION, DOCUMENTATION OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE. IF YOU ARE A CALIFORNIA RESIDENT, USE OF THE WEBSITE, SERVICES OR RELATED DOCUMENTS CONSTITUTES AN EXPRESS WAIVER OF CALIFORNIA CIVIL CODE §1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” Indemnity You agree to defend, indemnify and hold harmless WSHI and its directors, officers, shareholders, subsidiaries, affiliates, agents, employees, attorneys, contractors, partners, service providers, and licensors from and against any and all claims, liabilities, losses, suits, damages, disputes, or expenses, including reasonable attorney’s fees and costs, arising out of or in any way related to your use of the Website, Services or any other information, documentation or services available on or through the Website, including, but not limited to, any third party claims, claims arising from your violation of the TOU or the Privacy Policy, claims arising from your violation of any rights of another or claims arising out of content you submit, post, transmit or otherwise make available through the Website. Linking A LINK TO A LINKED SITE, INCLUDING TO A SITE OF ONE OF OUR CONTRACTORS, DOES NOT MEAN THAT WSHI ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT, FUNCTIONING OR USE OF SUCH LINKED SITE, AND YOU HEREBY AGREE THAT YOU ARE ENTERING ANY SUCH WEB SITE AT YOUR OWN RISK. YOU AGREE THAT WSHI HAS NO CONTROL OVER OR LIABILITY FOR INFORMATION ON LINKED SITES. YOU SHOULD BE AWARE THAT LINKED SITES MAY CONTAIN TERMS OF USE, RULES AND REGULATIONS, PRIVACY PROVISIONS, CONFIDENTIALITY PROVISIONS, TRANSMISSION OF PERSONAL DATA PROVISIONS, AND OTHER PROVISIONS THAT ARE DIFFERENT FROM THE PROVISIONS PROVIDED ON THIS WEBSITE. WSHI IS NOT RESPONSIBLE FOR SUCH PROVISIONS, AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RELATED TO SUCH PROVISIONS. FURTHER, WSHI PROHIBITS UNAUTHORIZED HYPERTEXT LINKS TO THE WEBSITE, OR THE FRAMING OF THE WEBSITE. Termination WSHI reserves the right to discontinue providing and/or to terminate your access to the Website, Services, or any other information, documentation or services available on or through the Website, or any portion thereof, at any time and for any reason. DMCA – Treatment of Copyright Infringement Claims WSHI has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “DMCA”) and fully avails itself of the protections under the DMCA. WSHI reserves the right to remove any materials on the Website that allegedly infringe upon another person’s copyright. If you believe your copyright has been infringed, please notify us info@wesavehomes.com and provide the following information:
General Information Entire Agreement. These TOU constitute the entire agreement between you and WSHI with respect to your use of the Website, the Services or any other information, documentation or services available on or through the Website, and supersedes all prior or contemporaneous communications, promises, agreements and proposals, whether oral, written or electronic, between you and WSHI with respect thereto. All rights not expressly granted herein are reserved. Governing Law / Forum Selection. This Website is available to adults in the continental United States, Hawaii and Alaska; however, it may be accessed from many difference places around the world. As each of these places has laws that may differ from those of the State of California, by accessing the Website, you agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles will apply to all matters relating to the use of the Website, Services, and any other information, documentation or services available on or through the Website, and arising under the TOU and Privacy Policy. You further agree that exclusive jurisdiction for all disputes, claims or controversies relating to use of the Website, Services, and any other information, documentation or services available on or through the Website, and arising under the TOU and Privacy Policy shall be only in the federal or state courts located within the County of Orange, California. By using the Website, Services or any other information, documentation or services available on or through the Website, you expressly consent to the exercise of personal jurisdiction by such courts in any such action. Those who choose to access the Website or utilize the Services or any other information, documentation or services available on or through the Website from other locations do so on their own initiative, at their own risk, and are responsible for compliance with local laws. Waiver. The failure of WSHI to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. Severability of Terms. If any part of these TOU 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 severed herefrom and superseded by a valid enforceable provision that most closely matches the intent of the parties and the original provision, and the remainder of these TOU shall remain in full force and effect. Admissibility of these TOU. A printed version of these TOU, the related Privacy Policy, and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these TOU or the Privacy Policy to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. No Right of Survivorship and Non-Transferability. You agree that your WSHI account is non-transferable and any rights to your WSHI account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, Services, TOU, Privacy Policy or any other information, documentation or services available on or through the Website, must be filed within one (1) year after such claim or cause of action arose, or shall be forever barred. Section Titles. The section titles in these TOU are for convenience only and have no legal or contractual effect. Arbitration of Disputes. By accessing the Website, you expressly agree that any dispute relating in any way to the Website, the Services, these TOU, the Privacy Policy or any other information, documentation or services available on or through the Website shall be submitted to binding confidential arbitration in Orange County, California; provided however, that, to the extent you have in any manner violated or threatened to violate WSHI’s intellectual property rights, WSHI may seek injunctive or other appropriate relief in any state or federal court located in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these TOU shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these TOU shall be joined to an arbitration involving any other party subject to these TOU, whether through class arbitration proceedings or otherwise (“Class Arbitration”). If any portion of this arbitration provision (other than the prohibition on Class Arbitration) cannot be enforced, the rest of this Arbitration Agreement will continue to apply. However, if the prohibition on Class Arbitration cannot be enforced, then this entire arbitration provision shall be null and void. In the event of any conflict or inconsistency between this arbitration provision and the arbitration administrator’s rules or any other documents relating to these TOU, this arbitration provision will govern. Please Note: By agreeing to arbitration, neither you nor WSHI have the right to litigate that claim in court; to have a jury trial on that claim; to engage in pre-arbitration discovery except as provided for in the rules of the arbitration administrator; or to participate as a representative or member of any class pertaining to such claim. Other rights you would have if you went to court may also not be available in arbitration. Money Back Guarantee Our refund policy is simple, if our software fails to provide you with one of the following:
You will receive a full refund minus a standard processing fee of $47.99. In order to guarantee the results of your loan modification using Loan Resolve Technology, the Completion Status Bar must be completed in its entirety which means all applicable items (see below) in the checklist must be affixed with a checkmark. These applicable items include the following:
Proof of purchase using your original receipt must be submitted along with a copy of the original decline letter of your loan modification from your lender. All refund requests are subject to verification of the accuracy of the above mentioned documents. In order to submit a claim for our Money Back Guarantee, Please write to us at: We Save Homes Inc, 27651 La Paz Rd. Suite A, Laguna Niguel, CA 92677, along with all the required documents as stated above and a cover letter requesting a claim for our Money Back Guarantee. Please allow up to 8 weeks for the processing of your Money Back Guarantee. ***Please note that the standard processing fee of $47.99 includes a Lender Property Valuation, Collection of data through uploads, email or fax as well as document storage, e-Filing of your financial package, secure mailbox and an eBook that details the loan modification process*** For More Information If you have any comments, concerns, questions or complaints regarding this TOU policy, please contact us at info@wesavehomes.com or call us at 877-606-6637. WSHI Customer Service 27651 La Paz Road, Suite A Laguna Niguel, CA. 92677 Last Updated on 11/18/2009 |
