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Terms and Conditions:
Terms and Conditions 1to1mortgage.com will be referred further in this document as “we”, “us”, or “our”. The following software and services we provide, Lead integration, Template/Campaign creation, Direct mail services, Emailing services, Print and mail services, will be referred further in this document as “The Service”. These Terms and Conditions are effective for all websites, partner portals, products, and services that fall under the 1to1mortgage.com. domain. This Terms and Conditions document is a general agreement between 1to1listings Inc. and users of our website, and services. BY USING OUR WEBSITE, AND SERVICES YOU ARE AGREEING TO THE TERMS AND CONDITIONS DETAILED HERE Please review the Policy specified here and the Privacy policy before you use our website, products or services. If you do not agree to or accept our Terms and Conditions, please do not use our website, products, or services. The Terms and Conditions explained here can be subject to change without prior notice and solely at our discretion based on emerging technologies, business practices, and customer needs. Your continued use of our website will be conclusively deemed acceptance of our Terms and Conditions. The Terms and Conditions explained in this document include, but are not limited to, the following: Copyright All content, including but not limited to, text, graphics, logos, icons, images, online tools and software in all websites, partner portals, products, and services that fall under1to1listings.Inc’s domain are the property of 1to1mortgage.com and are protected by the United States Copyright laws and other relevant Intellectual Property laws. Our Services Some of the services 1to1mortgage.com. provides include Lead generation, PDF Creation, Template Creation, Address File Creation, Regulatory Compliance, Direct mail services, and Digital mail Fulfillment through our tools and through third party service providers. These services are available through our website, and we authorize you to use all our services, provided you consent to our Terms and Conditions. If you breach any of our Terms and Conditions while using our services, your authorization to use our services will be immediately terminated and you must immediately destroy any of the content you have created, downloaded or obtained otherwise. Please note that we do not make any representation or guarantee as to the results you might obtain while using our services, including services offered by third parties. Restrictions on Use Unless expressly authorized otherwise, Customer agrees to, represents, and warrants to 1to1mortgage.com, both during and after the term of this Agreement, the following provisions: (a) The Service is for the sole use within Customer’s own organization and by Customer’s own employees or Agents (b) 1to1listingss. Inc. makes no representations or warranties about the legality or propriety of the use of the Service in any jurisdiction, state or region. (c) Customer will (i) not use for solicitation the name, mailing address or telephone number of a consumer that state, and local laws and regulations governing fair information practices and consumers’ rights to privacy, and (iii) limit access to consumer information to those individuals who have a “need to know” in connection with Customer’s business and will obligate those individuals to acknowledge consumers’ rights to privacy and adhere to fair information practices and consumer’s right to privacy. (d) Customer will not use the Service in any other manner that would cause such use of the Service to be (e) construed as a consumer report by any authority having jurisdiction over any of the parties; (f) Customer will not use the Service for any purpose that (i) infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, (ii) violates any law, statute, ordinance or regulation (including without limitation the laws and regulations governing unfair competition, an- ti-discrimination or false advertising), or (iii) is defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) To the extent Customer is authorized under this Agreement to publish or otherwise permit access to the Ser- vice on a World Wide Web site or otherwise via the Internet, Customer will adopt, publish, and comply with privacy policies that comply with either the guidelines established by TRUSTe.org as more fully set forth at http:// www.truste.org, the Better Business Bureau, such other organization as the parties mutually agree to select; or Customer’s privacy policy if attached hereto Exhibit P. (h) Customer will comply with the published guidelines of the Direct Marketing Association and federal and state laws regarding the use and dissemination of data such as the Service. TERMS AND RESTRICTIONS ON CUSTOMER’S’ USE OF DATA Manner of Use. Customer shall not, in any Direct Marketing Activities including but not limited to digital mail solicitations, telephone solicitations or surveys, refer to any selection criteria or any presumed knowledge about the consumer being contacted. Security. Customer shall provide for physical security of the Services with the same degree of care (provided that such is at least a reasonable degree of care) that Customer uses to protect its own most sensitive data. FCRA. Customer understands that the data, used in the Service, has not been collected for credit purposes and is not intended to be indicative of any consumer’s credit worthiness, credit standing, credit capacity, or other characteristics listed in Section 603(d) of the Fair Credit Reporting Act (“FCRA”) Processing of User, Billing, and Address Information - You are solely responsible for the accuracy of the information you provide and also for keeping your password secure. providing us with valid and current Billing Information. We reserve the right not to produce your order or offer our services if you provide invalid Billing Information. You are entirely responsible for all activities that occur under your account and you must agree to notify us immediately of any unauthorized usage of your account or any other breach of security. We will not be held liable for any loss incurred as a result of someone else using your password or account, with or without your knowledge. You could be held liable for any losses incurred by us or any relevant third party as a result of someone else using your account. You may not use anyone else’s account at any time, without the express permission of the account holder. We make every effort to ensure ac- curate pricing, however due to unforeseen circumstances, pricing errors may occur. By submitting an order or using our services, you are agreeing to pay the price relevant to the order of the service. Please review your Site Administration . make no representation that our website, products, or services are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or reexport the materials found on our website, products, services or any copy or adaptation in violation of any applicable laws or regulations (including U.S. export laws and regulations). If you choose to access our website, products, or ser- vices from outside the United States, you do so on your own initiative and are responsible for compliance with applicable international and local laws We reserve the sole right, for any reason, with or without notice to (i) terminate, change, suspend, or discontinue any aspect of our website, product, or service or in its entirety including features and hours of operation and availability, And (ii) impose limits on certain or all features of our website, products, and services, or restrict your access to a part or all of our website, products, and services. All or part of our website, products, or services can be subject to change with or without prior notice and solely at our discretion based on emerging technologies, business practices, and customer needs. Refusal of Service We hold the sole right to be the arbiter of what is and what is not a violation of our Privacy Policy and Terms and Conditions. We reserve the right to refuse service to, or terminate the order of any user, for any reason, at our sole discretion. Reasons we may refuse or terminate orders include, but are not limited to, if we believe that the conduct of any user violates any applicable law. If any of our users engage in any behavior that we feel is detrimental to our services, then we reserve the right to terminate that user’s order immediately. Disclaimers and Liabilities Although we believe that our website, application, products, and services are reliable and fully available, we make no guarantees application, site, are provided “As Is” with all faults and we hereby disclaim all warranties and conditions with regard to our website, products, and services. Our service is provided on an “as available” basis without warranties of any kind, either expressed 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 the laws applicable to this agreement. No oral advice or written information given by 1to1mortgage.com., its employees, agents (including your representatives or guides), third-party information providers, merchants, licensors, or the like, shall create a warranty; nor shall you rely on any such information or advice. Further we do not warrant, guarantee, or make any representations regarding the use of or the results of the use of our website, products, or services in terms of correctness, accuracy, reliability, or otherwise and do not warrant that the operation of the website, products, or services, will be uninterrupted, or error free. We expressly disclaim any warranties not stated herein. You expressly agree that use of our service is at your sole risk. Neither 1to1mortgage.com., its employees, affiliates, agents, third-party information providers, merchants, licensors, or the like make any warranty as to the results that may be obtained from the use of our service, or as to the accuracy, reliability or content of any information, service, or merchandise provided through our service. We do not make any representations or warranties, either expressed or implied, that any available access number will be a local call from your area code and exchange. To the maximum extent permitted by applicable law, in no event shall we be held liable for any damages (including any special, direct, indirect, incidental, exemplary, or any other damages arising out of the use or inability to use our website, products, or services) even if we have this allocation of risk. Because some states/jurisdictions do not allow the exclusion or limitation of liability for is not enforceable for any reason, then in no event shall we be liable to you for any matter arising under or relating to your use of our website, products, or services that exceed the total amount you paid us with respect to the order or service giving rise to the claim. General Provisions These Terms and Conditions comprise the entire agreement between you and us and supersede all prior agree- website, products, or services in any way, your sole recourse is to immediately discontinue use of the same. If any provision of our Terms and Conditions is held by a court of competent jurisdiction to be invalid or unen- forceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of such provision and the remainder of our Terms and Conditions shall continue in full force and effect. Our failure to exercise or enforce any rights or provisions of our Terms and Conditions shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of, or related to, our website, products, or services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. THE TERMS AND CONDITIONS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS, ALL MATTERS ARISING HEREUNDER SHALL BE EXCLUSIVELY HELD IN SAN FRANCISCO COUNTY, CALIFORNIA, AND YOU AGREE TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN SAN FRANCIS- CO COUNTY. All provisions in our Terms and Conditions regarding representations and warranties, indemni- your use of our website, products, or services. Where the context so indicates, a word in the singular form shall include the plural, a word in the masculine form the feminine, and vice-versa. The term “include” and similar terms (e.g., includes, including, included, comprises, comprising, such as, e.g., for example), when used as part Contact Information Before you can place an order, or use any of our other products and services, you need to agree to our Privacy Policy and the terms and conditions detailed in this Terms and Conditions document. - cy, you may contact us at: 1to1mortgage.com 491 Lea Court, Novato, CA. 94945 (415) 577-4942

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