Terms
of Use
M.A.N.N.S is pleased to provide you with information
about our company and services we provide. Your use of this
site is subject to the following Terms of Use, which along with
the services provided on the site, may be modified from time to
time or terminated by M.A.N.N.S without notice to you. Please
check the Terms of Use periodically for changes. If you do
not agree to the Terms of Use, please do not use this site. Your
continued use of this site following the posting of any changes
to the Terms of Use constitutes acceptance of those changes.
1 Services. This
site provides a mechanism available via the Internet by which you
can obtain information once you submit information to M.A.N.N.S through this site, the
information may be forwarded to one or more lenders or mortgage brokers,
who may contact you. By submitting the information, you consent
to receiving telephone calls or e-mails from those lenders and mortgage
brokers, even if your phone number or e-mail address is on an opt-out,
do-not-call, or similar list. M.A.N.N.S does not, however,
guarantee that you will be contacted by any lender or mortgage broker.
2 Disclaimers. Information
and graphics on this site may contain inaccuracies, typographical
errors, or out-of-date information. Information is supplied
at this site under the condition that the persons receiving it will
make their own determination as to its suitability for their purposes
prior to use. Use of such information and graphics is at your
own risk.
3 Third
Party Sites. This site provides links to other sites
on the Internet. M.A.N.N.S makes no representations whatsoever
about these sites. The provision of links to other sites
on the Internet should not imply the endorsement of any such sites
by M.A.N.N.S or any association with these other sites’ operators. These
sites are not under the control of M.A.N.N.S, and you acknowledge
that M.A.N.N.S, its subsidiaries, its affiliates, and its licensors
are not responsible for the accuracy, legality, decency, copyright
compliance, or any other content of such sites.
4 Proprietary
Rights. You acknowledge and agree that all content and materials
available on this site are protected by copyrights, trademarks,
service marks, patents, trade secrets, or other proprietary rights
and laws. You may not reproduce, distribute, republish or
retransmit any materials posted at this site without the prior
written permission of M.A.N.N.S. Except as expressly authorized
by M.A.N.N.S, you agree not to sell, license, rent, modify, distribute,
copy, reproduce, transmit, publicly display, publicly perform,
publish, adapt, edit, or create derivative works from such materials
or content. Notwithstanding the above, you may print or download
one copy of the materials or content on this site on any single
computer for your personal, non-commercial use, provided you keep
intact all copyright and other proprietary notices. To obtain
permission for additional rights to the material from this site,
e-mail info (at) mannsmhc.com.
The trademarks displayed on the site, are owned by M.A.N.N.S or
its licensors. Nothing contained on the site should be construed
as granting, by implication, or otherwise, any license or right to
use any trademark displayed on the site without the written permission
of M.A.N.N.S or such third party that may own the trademarks displayed
on the site. Your misuse of the trademarks displayed on the site
is strictly prohibited.
5 Public
Content Posted to Site. With respect to any content (non-personal
information) you elect to post to this site, you grant M.A.N.N.S the world-wide, royalty free, perpetual, non-exclusive and
fully sublicensable right and license to reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, perform
and display such content (in whole or in part) worldwide and/or
to incorporate it in other works in any form, media, or technology
now known or later developed.
6 Disclaimer
of Warranties. ALL MATERIALS, INFORMATION, SOFTWARE,
PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE
(THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS
AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. M.A.N.N.S, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT
WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT
THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT
IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE
OF THIS SITE IS SOLELY AT YOUR RISK. ANY MATERIAL DOWNLOADED
OR OTHERWISE OBTAINED THROUGH YOUR USE OF THIS SITE IS DONE AT
YOUR OWN DIRECTION 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 JURISDICTIONS
DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS
MAY NOT APPLY TO YOU.
7 Limitation
of Liability. UNDER NO CIRCUMSTANCES SHALL M.A.N.N.S,
ITS SUBSIDIARIES, ITS AFFILIATES, OR ITS OFFICERS, AGENTS, PARTNERS,
EMPLOYEES OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF M.A.N.N.S HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES) THAT RESULT FROM: (i) THE USE OF, OR INABILITY
TO USE, THIS SITE INCLUDING, WITHOUT LIMITATION, YOUR ACCESSING
OR BROWSING THE SITE, OR DOWNLOADING MATERIALS OR CONTENT FROM
THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (v)
ANY PRODUCTS OR SERVICES PROVIDED BY ANY LENDER OR MORTGAGE BROKER
TO WHICH INFORMATION IS PROVIDED AS A RESULT OF YOUR USE OF THIS
SITE OR WITH WHOM YOU MAY CONTRACT; OR (vi) ANY OTHER MATERIAL
RELATING TO THE SITE. THIS LIMITATION APPLIES WHETHER THE
ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, M.A.N.N.S’S LIABILITY IN SUCH JURISDICTIONS SHALL
BE LIMITED TO THE EXTENT PERMITTED BY LAW.
9 Release. YOU
HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE M.A.N.N.S,
ITS AFFILIATES, ITS SUBSIDIARIES AND ITS OFFICERS, AGENTS, PARTNERS,
EMPLOYEES AND LICENSORS FROM ANY AND ALL RIGHTS, CLAIMS, DEMANDS,
CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES,
COSTS, EXPENSES AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER
KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR
ARE CONNECTION WITH YOUR USE OF THIS SITE OR ANY SERVICES PROVIDED
HEREUNDER.
10 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 THESE TERMS,
YOUR USE OF THIS SITE OR ANY SERVICE PROVIDED HEREUNDER MUST BE FILED
WITHIN ONE (1) YEAR FROM THE DATE SUCH ACTION OR CAUSE OF ACTION
AROSE OR BE FOREVER BARRED.
11 Representations
and Warranties. You represent, warrant and covenant that: (a)
you have the power and authority to enter into this agreement;
(b) you are at least eighteen (18) years old; (c) you shall not
use any rights granted hereunder for any unlawful purpose; and
(d) you shall use this site only as set forth in these Terms of
Service.
12 Indemnity. You
agree to indemnify and hold M.A.N.N.S and its subsidiaries, affiliates,
officers, agents, partners, employees and licensors, harmless from
any claim or demand, including reasonable attorneys’ fees,
made by any third party due that arise from your use or misuse of
this site. M.A.N.N.S reserves the right, at its own expense,
to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you will cooperate
with M.A.N.N.S in asserting any available defenses.
13 Territorial Restrictions. M.A.N.N.S makes no representation that materials or content on this site
are appropriate or available for use in locations outside those authorized
as indicated in the site, including any outside the United States,
and accessing them from territories where their contents are illegal
is prohibited. If you access this site from other locations
you do so on your own initiative and you are responsible for compliance
with local laws. You agree to comply will all applicable laws regarding
the transmission of technical data exported from the United States
or the country in which you reside.
14 Choice of Law and
Forum. These Terms of Use shall be governed by and construed
in accordance with the laws of the State of New Jersey, excluding
its conflicts of law rules. You expressly agree that the
exclusive jurisdiction for any claim or action arising out of or
relating to these Terms of Use or your use of this site shall be
filed only in the state or federal courts located in the State
of New Jersey, and you further agree and submit to the exercise
of personal jurisdiction of such courts for the purpose of litigating
any such claim or action.
15 Severability and
Integration. These Terms of Use supersede all prior or
contemporaneous communications and proposals, whether oral, written,
or electronic, between you and M.A.N.N.S with respect to this
site. If any part of these Terms of Use is held invalid or
unenforceable, that portion shall be construed in a manner consistent
with applicable law to reflect, as nearly as possible, the original
intentions of the parties, and the remaining portions shall remain
in full force and effect.
16 Termination. M.A.N.N.S reserves the right, in its sole discretion, to terminate your
access to all or part of this site, with or without notice.
M.A.N.N.S™ is a trademark owned by M.A.N.N.S. Copyright © 1973
M.A.N.N.S. All rights reserved.
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