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Terms of Use for clarusfhaapproval.com (the "Site")

This Site is owned and operated by Real Estate Business Services, Inc., in connection with FHA Pros, LLC ("Clarus FHA Approval™"). BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. Clarus FHA Approval™ reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. Clarus FHA Approval™ also has the right at any time to change or discontinue any aspect or feature of the Site.

Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Clarus FHA Approval™, and is protected by copyright, trademark and other intellectual property laws.

Except as expressly provided in these Terms of Use, no part of the Site, no Content and no Data obtained by using our Site (including information contained in the FHA Approval and Eligibility Report) may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent of Clarus FHA Approval™. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part.

Use of the Site
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Clarus FHA Approval™ server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Clarus FHA Approval™, including any Clarus FHA Approval™ account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Clarus FHA Approval™ systems or networks, or any systems or networks connected to the Site or to Clarus FHA Approval™. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Clarus FHA Approval™ on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Clarus FHA Approval™ or others.

Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up a Clarus FHA Approval™ username and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Clarus FHA Approval™ immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Clarus FHA Approval™ or any other user of or visitor to the Site due to someone else using your Clarus FHA Approval™ username, password or account as a result of your failing to keep your account information secure and confidential. You may not use anyone else's Clarus FHA Approval™ username, password or account at any time without the express permission and consent of the holder of that Clarus FHA Approval™ username, password or account. Clarus FHA Approval™ cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Payment Method
By authorizing us to charge a credit card for the fees associated with your use or subscription, you are authorizing us to automatically continue charging that card (or any replacement card if the original card is renewed, lost, stolen, or changed for any reason by the card issuer, and the issuer informs us of the new replacement card account) for all fees or charges associated with your use or subscription including any renewal fees as described below. You authorize the card issuer to pay any amounts described herein and authorize us, or any other company that acts as a billing agent for us, to continue to attempt to charge all sums described herein to your credit card account until such amounts are paid in full. You agree to provide us updated information on your credit card upon our request and any time the information earlier provided is no longer valid. If payment is not received by us from your credit card issuer or its agents, you agree to pay all amounts due upon demand by us.

Automatic Renewal of Subscriptions
When you sign up for a monthly or annual subscription, your subscription will be set to automatically renew upon its expiration. This means that unless you cancel your account or change its renewal settings prior to its expiration, your account will automatically renew for another period (1 month in the case of a monthly subscription; 1 year in the case of an annual subscription). At the time of renewal, we will charge your credit card the then-current fees to renew the service.

Refund Policy
Unless otherwise provided by law or in connection with any particular service offer, all charges are non-refundable.

Canceling the Service
You may cancel your subscription, or elect not to auto-renew your subscription at any time. Cancellation of service and selection of auto-renew preferences can be made by logging into the service and selecting the "My Account" tab. However, no refunds will be provided for unused portions of your pre-paid fees. Cancellation of service does not alter any pre-paid subscription commitment.

Changes in Price
We may at any time, upon notice required by applicable law, change the price of the service or any part thereof, or institute new charges or fees. Price changes and institution of new charges implemented during your subscription term will apply to subsequent subscription terms and to all new subscribers after the effective date of the change. If you do not agree to any such price changes, then you must cancel your account and stop using the service. Your continued use of the service after the effective date of any such change shall constitute your acceptance of such change.

Disclaimer of Warranty; Limitation of Liability.

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER Clarus FHA Approval™, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE, OR MATERIALS PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. IN NO EVENT WILL Clarus FHA Approval™, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE, OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Clarus FHA Approval™ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR OBTAINING ANY REPORTS OR OTHER INFORMATION FROM THIS WEB SITE.

Indemnity
You agree to indemnify and hold Clarus FHA Approval™, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against Clarus FHA Approval™ by any third party due to or arising out of or in connection with your use of the Site.

Trademarks and Patents
All trademarks and service marks of Clarus FHA Approval™ displayed on the Site are subject to state, federal, and/or international trademark protection. Unless expressly authorized by Clarus FHA Approval™, you may not use its trademarks or service marks with any product or service that is not provided by Clarus FHA Approval™, or in any manner that is likely to cause confusion among customers, or that might disparage or discredit Clarus FHA Approval™. All other trademarks appearing on the Site are the property of their respective owners, including third-party providers of products and services with links to and from the Site.

Privacy
The Clarus FHA Approval™ Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view the Clarus FHA Approval™ Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Governing Law and Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Los Angeles County, California, and waive any objection to such jurisdiction or venue. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between Clarus FHA Approval™ and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Changed Terms
Clarus FHA Approval™ has the right at any time to change or modify the terms and conditions applicable to use of the Site, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the Site, or by electronic or conventional mail, or by any other means. Any use of the Site by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions, or deletions.

Notice and Procedure for Making Claims of Copyright Infringement Pursuant to 17 U.S.C. 512
If you wish to notify Clarus FHA Approval™ of Content on the Site that may result in copyright infringement pursuant to 17 U.S.C. 512, please mail your notification to our designated agent at:

DMCA Notification
Attention: Assistant General Counsel
525 South Virgil Avenue,
Los Angeles, California 90020

or fax your notification to our designated agent at (213) 480-7724.

BY VISITING OR USING THIS SITE, OR ANY PAGE OF THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, AND YOU ACKNOWLEDGE THAT SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND Clarus FHA Approval™.



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