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Definitions:
Fmiloan.com (Hereinafter referred to as "FMI")
As used herein, FMI shall also mean Franklin Mortgage, Inc.
As used herein, the word site shall also mean Fmiloan.com
You may be subject to civil and/or
criminal action if you use materials or web pages that appear on
the FMI web site, and bear the FMI copyright, for commercial
or other purposes, without the express written permission of FMI.
We will prosecute violators to the full extent allowed under State
and/or Federal law(s). Utilizing spidering and other technology,
we search the web on an ongoing basis to detect the use of any materials
that were created by FMI.
Fmiloan.com is an online service of
FMI, who from time to time publishes information on its site supplied
by third parties, and therefore does not make any claims of accuracy
for third party information. In no event shall FMI be liable for
loss or damages of any nature arising out of or in any way connected
with such information, including but not limited to, special, consequential,
indirect or punitive damages. FMI shall not be liable for errors,
omissions or other wrongful conduct of any third party or any provider
of information on its Fmiloan.com web site. The foregoing shall
apply to the full extent permitted by law. Fmiloan.com is a registered
trademark of FMI, All Rights Reserved, All contents Copyright ©
2004-2005 Fmiloan.com and FMI.
This site is offered to you (referred
to as "you" or "user") on the condition that
you accept all of these terms of use. By using this site, you agree
to abide to these terms. If you do not agree to these terms, please
discontinue your use of this site immediately. FMI reserves the
right to change these terms at any time by publishing a revised
version of this Agreement on the site. You are responsible for regularly
reviewing these terms. Continued use of the site following any such
change means you accept and will abide by the change.
PLEASE ADHERE TO THE FOLLOWING TERMS
AND CONDITIONS OF SITE USE.
You may not copy, reverse enginer, translate, port, distribute or
transmit (except, within your business or organization), modify,
reuse, report, or use the contents of the Site for public or commercial
purposes, including the text, images, audio, and video without FMI's
written permission. You should assume that all material on the Site
is protected by copyright unless otherwise noted and may not be
used except as permitted in these Terms and Conditions or in the
text on the Site. Your use of the Site is at your risk.
FMI specifically disclaims any liability or responsibility for any
errors or omissions in the content on the Site. Neither FMI nor
any other party involved in creating, producing, or delivering the
Site is liable for any direct, incidental, consequential, indirect,
or punitive damages arising out of your access to, or use of, or
inability to use or access, the Site. Where site advertisers may
offer products or services on this site, or through links to other
web sites, such products are provided to you "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITTLE, AND NON-INFRINGEMENT.
You assume the entire risk of loss
in using the site and materials contained therein. Please note that
some jurisdictions may not allow the exclusion of implied warranties,
so some of the above exclusions may not apply to you. Check your
local laws for any restrictions or limitations regarding the exclusion
of implied warranties. Features and specifications of products or
services described or depicted on the Site are subject to change
at any time without notice. FMI assumes no responsibility, and
shall not be liable for, any damages to, or viruses that may infect,
your computer equipment or other property on account of your access
to, use of, or browsing in the Site or your downloading of any materials,
data, text, images, video, or audio from the Site. FMI does not
wish to receive any product, marketing, advertising or other ideas
that are not covered by issued United States patents. If you send
any communications or materials to the Site by electronic mail or
otherwise, including any data, questions, comments, suggestions,
or the like, all such communications are, and will be treated as,
non-confidential and non-proprietary.
Anything you transmit or post may be
used by FMI or its affiliates for any purpose, including, but not
limited to, reproduction, disclosure, transmission, publication,
broadcast, and posting. Furthermore, FMI is free to use, without
any compensation to you, any ideas, concepts, know-how, or techniques
contained in any communication you send to the Site for any purpose
whatsoever, including, but not limited to, developing, manufacturing,
and marketing products and/or services using such information. Materials
displayed on the Site are either the property of, or used with permission
by, FMI. The use of these materials by you, or anyone else authorized
by you, is prohibited unless specifically permitted by these Terms
and Conditions or specific permission is provided elsewhere on the
Site. Any unauthorized use of the images may violate copyright laws,
trademark laws, the laws of privacy and publicity, and civil and
criminal statues. From time to time the Site may refer to products
and/or services in addition to Home Mortgages that are generally
available for purchase or at no cost in the 48 continental United
States and Alaska but may not be available in your particular country
or locality. The reference to any such additional products or services
(free or paid) in this Site does not imply or warrant that these
products or services will be available in your particular locality.
You should therefore check with a FMI representative or an advertiser
on the Fmiloan.com web site for specific product/service availability
in your locality by sending us an e-mail.
FMI is not responsible for the content
of any site linked to or from the Site. Your linking to any other
site is entirely at your own risk. While FMI may provide links
on this Site to other sites, the inclusion of such links is for
your convenience only and should not be interpreted as an endorsement
of the owner/sponsor of the site or the content of the site. FMI
disclaims all warranties, express and implied, as to the accuracy,
validity, legality or otherwise of any materials or information
contained on such sites. FMI may at any time revise these Terms
and Conditions by updating this posting. Since you are bound by
these Terms and conditions, you should therefore periodically visit
this page, by clicking the Legal and Trademark hyperlink at the
bottom of the FMI Web pages, to review the then current Terms
and Conditions. In no event shall FMI and/or its licensors be
liable for any special, indirect or consequential damages or any
damages whatsoever resulting from loss of use, data or profits or
the inability to use data, whether in an action of contract, negligence
or other tortious action, arising out of or in connection with the
use of the site or failure or inability to use or access the site.
If FMI's disclaimer of warranties or
limitation of liability set forth herein is held unenforceable or
inapplicable, you agree that FMI's liability shall not exceed $500.
These Terms and Conditions are to be governed by and construed in
accordance with the law of California, United States of America,
without reference to its conflicts of law rules. FMI may from time
to time place bulletin boards and/or discussion groups on the Site,
which are solely to enable communication between site visitors.
FMI may also from time to time place
E-Mail links on the Site, which are solely to enable site visitors
to communicate by E-Mail with FMI representatives. FMI accepts
no responsibility for the opinions and information posted via these
services by others. FMI disclaims all warranties with regard to
information posted with these services, whether posted by the FMI
organization or third party(s). In no event shall FMI be liable
for any special indirect or consequential damage or any damages
whatsoever resulting from loss of use, data or profits arising out
of any information posted via these services. Although FMI may
from time to time monitor or review discussions, postings, transmissions,
bulletin boards and the like on the Site, FMI does not do so actively
or regularly, and is under no obligation to do so and assumes no
responsibility or liability arising from the contents of any such
communications nor for any error, defamation, libel, obscenity,
profanity, or inaccuracy contained in any such communication.
You are prohibited from posting or
transmitting any unlawful, threatening, defamatory, libelous, obscene,
pornographic or profane material or any material that could constitute
or encourage conduct that would be considered a criminal offense
or give rise to civil liability, or otherwise violate any law. FMI
will fully cooperate with any law enforcement authorities or court
order requesting or directing FMI to disclose the identity of
anyone posting such materials. In the event that any innapropriate
posting is brought to FMI's attention, FMI reserves the right
to take whatever action in its discretion it deems appropriate.
Do not post any information or other material protected by copyright
without the permission of the copyright owner. By posting material,
the posting party warrants and represents that it owns the copyright
with respect to such material or has received permission from the
copyright owner. In addition, the posting party grants FMI and
users of this "Site" the non-exclusive right and license
to display, copy, publish, distribute, transmit, print and use such
information or other materials.
Trademarks & Copyright:
The trademarks, logos, and service marks (collectively the "Trademarks")
listed on the FMI web site (Fmiloan.com) are trademarks of FMI and/or
its affiliates. Any other Trademarks used in the Site are trademarks
of their respective owners. Nothing contained on the Site should
be construed as granting, by implication, estoppel, or otherwise,
any license or right of use any Trademark displayed on the Site
without the written permission of FMI or such third party owner.
Franklin Mortgage's
site design, all software, tools, animation, sound, graphics, product
display, text, and the selection and layout contained within this
site are the exclusive property of Franklin Mortgage, Inc., and
may not be altered, modified, copied, distributed or displayed,
or reproduced or transmitted, in any form or by any means including,
but not limited to, electronic, digital, mechanical, photocopying,
recording, or otherwise, without the prior written permission of
Franklin Mortgage, Inc. Permission is granted to print product
information for the sole purpose of obtaining a loan through Franklin
Mortgage, Inc. The corporate and product names, slogans, logos
and other content contained in this site are the registered and/or
unregistered trademarks or service marks of Franklin Mortgage, Inc.
The Trademarks are protected under the Trademark Act and by state
or common law. The use, copying or alteration of any Trademark without
the express prior written consent of Franklin Mortgage, Inc. is
strictly prohibited.
This page may contain other proprietary
notices and copyright information, the terms of which must be observed
and followed. IN NO EVENT WILL FMI BE LIABLE TO ANY PARTY OR ANY
DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY
USE OF THIS WEBSITE OR INABILITY TO ACCESS THIS WEBSITE, OR ON ANY
OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST
PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON
YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF FMI'S DISCLAIMER
OF WARRANTY OR LIMITATION OF LIABILITY SET FORTH HEREIN IS HELD
UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT FMI'S LIABILITY
SHALL NOT EXCEED $500. INFORMATION ON THIS WEB SITE, NOW OR IN THE
FUTURE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
General information about FMI privacy
practices on the Web
We respect your privacy. We know it is important to keep your financial
information accurate, up-to-date, and confidential. You have our
assurance that we will do our utmost to handle your financial information
with discretion and care. FMI
is committed to keeping your information secure. We restrict access
to nonpublic personal information about you to those employees who
need to know that information to provide products or services to
you. We maintain physical, electronic, and procedural safeguards
that comply with federal regulations to guard your nonpublic personal
information.
IWe collect and use publicly available
information, as well as personal information you give us, so that
we can deliver better products and services to you and provide you
with information about other products and services that might benefit
you. We collect nonpublic personal information ("Private Information")
about you from the following sources:
1. Information we receive from you
on applications or other forms, such as name, address and telephone
number;
2. Information about your transactions
with us, or others such as your account balances, payment history,
and account activity;
3. Information we receive from a consumer
reporting agency, such as your credit bureau reports and other information
relating to your creditworthiness; and
4. Information from outside sources
that assist us in the origination of products and services (like
brokers), such as application information.
Information we disclose. We do not
disclose any Private Information about our customers or former customers
to anyone, except as permitted by law.
Keeping You Informed. From time-to-time
we may make changes to our Privacy Policies and Practices. We will
continue to keep you informed.
Because we respect your privacy we
use secure servers to collect your data. SSL (Secure Sockets Layer)
encryption ensures that your data is not visible to any one except
FMI and your browser. SSL encrypts your data, using 128 bit encryption,
into a package that can only be decrypted by the appropriate recipient.
This allows your data to safely travel over the Internet to our
secure servers. SSL verifies the identity of both the sending and
receiving computers. This keeps unauthorized entities from viewing
or altering your data. This process is known as authentication.
As a further measure of protection
we store your data in a separate database on another computer separate
from our web server. In the unlikely event that our security is
breached and our web server(s) fall victim to a hacker your data
will be safe and unreachable through the internet. Further security
measures are taken by the implementation of a firewall to further
limit how the Internet may enter our web servers.
At FMI, we give you as much control
as possible over your personal information. In general, you can
visit FMI on the Web without telling us who you are or revealing
any information about yourself. There are times, however, when we
may need information from you, such as when we require your personal
information to provide Mortgage Services, or for paid advertising
on the site, or to access special offers. If you choose to give
us personal information via the Internet that we may need -- to
correspond with you, process a Mortgage Application or advertising
order -- we will let you know how we will use such information.
If you tell us that you do not wish to have this information used
as a basis for further contact with you, we will respect your wishes.
We do maintain records of the domains from which people visit us.
We analyze this data for trends and statistics, and then we discard
it. We have implemented these practices for the FMI Home Page (www.Fmiloan.com).
There is a technology called "cookies"
which can be used to provide you with tailored information from
a Web site. A cookie is an element of data that a Web site can send
to your browser, which may then store it on your system. When you
visit any web site, you can set your browser to notify you when
you receive a cookie, giving you the chance to decide whether to
accept it. If you have any questions or comments about our privacy,
trademark or any practices or legal issues, you can contact FMI
by email or phone.
Links To Other Web Sites
There may be links on the FMI site
to other web sites not owned by FMI. The operators of these sites
are the exclusive owners of all site content. If
you click on a web site link and an ad banner appears, please be
aware that Fmiloan.com is not affiliated with these advertisers
in any way, nor do we profit from the display of such ads.
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