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™.