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TERMS OF USE

The use of the web site (the "Web Site") is subject to the terms and conditions stated herein and to the terms set by the Site Owner (Vivid Mortgages, Inc.) located at ( http://www.vividmortgages.com ). Use of the Web Site constitutes an agreement by you, the user, that your use is governed by these terms and conditions.

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You are responsible for regularly reviewing this Agreement.

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Ownership of Intellectual Property

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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 Vivid Mortgages, Inc. 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,

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Appropriate Conduct and Prohibited Uses

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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:

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  • Copy, reproduce, modify, use, republish, upload, post, publish, license, create derivative works from, transmit or distribute in any way material from the Web Site without express written permission;

  • 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 Owner’s and/or Vivid Mortgages, Inc. services;

  • use services for any illegal or unauthorized purpose;

  • interfere with or disrupt services or servers or networks connected to Site Owner’s and/or Vivid Mortgages, Inc. services, or disobey any requirements, procedures, policies or regulations of networks connected to Site Owner’s and/or Vivid Mortgages, Inc. 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 Vivid Mortgages, Inc. 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 Vivid Mortgages, Inc. 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.

     

Listings

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Site Owner does not guarantee the availability of the listings. Site Owner does not make guarantees as to the time it takes for a listing to sell, the likelihood, or duration for a listing to sell.

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Market Volatility

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Site owner is not liable for changes in the market that change buyer/seller conditions.

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Activity Restriction

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Site use is restricted to buyer/seller activities only.

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Web Site Security

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You are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (a) accessing data not intended for your viewing or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization or (c) attempting to interfere with service to any user, host or network. Violations of system or network security may result in civil or criminal liability. Vivid Mortgages, Inc. and/or Site Owner will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

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Privacy

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This site does not collect personally identifiable information about individual consumers who use or visit it via the storage and retrieval of browser ‘cookies.’ You may be asked to voluntarily submit personal information for business purposes, and we will only use the information you submit for such purposes.

Where requested we may allow third-party companies, to collect certain anonymous information when you visit our website. These companies may use non-personally identifiable information during your visits to this and other websites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or a third party web beacon to collect this information.

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DISCLAIMER OF WARRANTY

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THE WEB SITES ARE PROVIDED "AS-IS" AND "WITH ALL FAULTS" AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Vivid Mortgages, Inc. AND SITE OWNER DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE WEB SITES, INCLUDING WITHOUT LIMITATION ITS FITNESS FOR A PARTICULAR PURPOSE, ITS QUALITY, ITS MERCHANTABILITY, ITS PERFORMANCE, ITS NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, OR THE RESULTS OBTAINED BY USING THE WEB SITES. THE COMPANY DOES NOT WARRANT THAT THE WEB SITES ARE FREE FROM BUGS, VIRUSES, ERRORS OR OTHER PROGRAM LIMITATIONS.

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Vivid Mortgages, Inc. MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

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ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

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NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Vivid Mortgages, Inc. SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

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LIMITATION OF LIABILITY

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Vivid Mortgages, Inc. SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH INFORMATION OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON SUCH INFORMATION, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITES. USE OF SITE OWNER AND PROI WEB SITES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PROI WEB SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITES.

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Indemnity

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You will indemnify, defend and hold harmless Vivid Mortgages, Inc. and its officers, directors, employees and agents (each, an "Indemnified Party") from and against any and all claims, demands, losses, costs, expenses, liabilities and damages of any kind or nature whatsoever (collectively, "Damages") incurred by any Indemnified Party arising out of, in connection with or resulting from (i) your use of the Web Sites or (ii) your breach of this Agreement.

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Governing Law

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This Agreement shall be construed and governed by the State of Florida, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts sitting in Florida in all disputes arising out of or relating to the use of the Web Sites. Use of the Web Sites is unauthorized in any jurisdiction that does not give the effect to all provisions of these terms and conditions, including without limitation this paragraph.

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Security Standards

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PCI Data Security Standards are technical and operational requirements set by the PCI Security Standards Council (PCI SSC) to protect cardholder data. The standards apply to all entities that store, process or transmit cardholder data. In order to attest PCI compliance, Vivid Mortgages, Inc. does not store, process, or transmit any cardholder data on its own servers or networks and must provide a written AOC (attestation of compliance). Pursuant to this Vivid Mortgages, Inc. cannot allow Customers using our products to store, process, or transmit any cardholder data using Vivid Mortgages, Inc. You agree that in your use of the Products and Services, you will not include, or allow to be included, any cardholder data in documents and/or data being processed, transmitted, and/or stored by Products and Services. Once such example of Customers responsibilities includes, but is not limited to, redacting credit card numbers to the last 4 digits if they are included on the 1003 form or any other documents before printing them.

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