PRODUCT AVAILABILITY AND NO PERSONAL ADVICE
Not all products and services described in our Website are available in all geographic areas, and the terms of certain products and services may vary from geographic area to area. You may not qualify for certain products and services, and we reserve the right to determine eligibility for any product or service. Products and services described, as well as fees, charges, terms and conditions relating to such products and services, are subject to change without notice. No information on our Website is intended as a legal offer or solicitation for the purchase of any security or financial instrument, product or service, and all products and services are subject to our eligibility and application requirements. Our products and services are offered only in jurisdictions where they may be lawfully offered. No Doctor Mortgage Alliance company is acting as an advisor or fiduciary in publishing any information on our Website. The Website is not intended to provide legal, tax, investment, or insurance advice. You are solely responsible for determining whether any investment, investment strategy, security, or related transaction is appropriate for you based on your personal investment objectives, financial circumstances, and risk tolerance. You should consult a qualified advisor in the event you should need legal, tax, or accounting advice with respect to any specific circumstances. This Website and/or any products, services or information described or provided therein are not intended to be distributed or made available to or used by any person or entity in any jurisdiction, state or country where such distribution, availability or use would violate applicable law.
Description of Services
We make various services available on this Website including, but not limited to, financial services recommendations, and other like services (the “services”). You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access, if any).
We reserve the sole right to display advertising to you, to facilitate third party offers and to partner or affiliate with any other person for the purpose of marketing additional services or products to you. You acknowledge that the services offered on the site are the only services offered to you and are delivered via your access to the Website only and your use of theWeb site does not include any live, personal or one-on-one counseling or communication.
The Website and its entire contents, features, and functionality (including but not limited to all web pages, user interfaces, information, design, software, source code, text, displays, graphics, images, videos, and audio recordings, and the design, selection, and arrangement thereof) are owned, controlled, or licensed by Doctor Mortgage Alliance, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Except as expressly provided in this Agreement, you may not copy, display, distribute, transmit, transfer, link to, reproduce, license, frame, alter, create derivative works of, reverse engineer, or republish all or any portion of the Website for any commercial or public purpose without Doctor Mortgage Alliance’s prior written consent. You may, however, view information available on the Website for your informational purposes.
Your use of the services, including the Website, imposes on you an obligation of appropriate use and conduct, which includes, but is not limited to, not causing an unreasonable or disproportionately large processing load on our services or systems, not engaging in any conduct that restricts or inhibits use of the services by others, and not introducing or transmitting any virus, worm, Trojan horse or other material that may harm or disrupt our services or systems. Unauthorized use of the services, our website and/or computer systems, including but not limited to unauthorized entry into our computer systems, misuse of passwords, or misuse of any information or material posted on this Website, is strictly prohibited. Any attempted unlawful use may subject you to liability for damages or criminal prosecution.
Unauthorized Use of Materials
Compliance with Laws
You may use the services, including the Website, only for lawful purposes and you agree not to use the services in any way that violates any applicable federal, state, local, or international law or regulation. You agree not to use our Website for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another’s privacy, abusive, threatening, obscene, or that infringes the rights of others. You also agree that your use of our Website is personal to you and that you will not resell or assign use of our Website or make any unauthorized commercial use of our Website. You agree that we may display advertisements and promotions of all kinds on the Website. You agree not to use or attempt to use this Website or any part of this Website in any way or for any purpose that (i) attempts to probe, scan, or test the vulnerability of any services, systems, networks, servers, or accounts related to the Website, (ii) attempts to gain unauthorized access to materials, services, systems, networks, servers, or accounts connected or associated with the Website through hacking, password or data mining, or any other means of circumventing any access-limiting, user authentication, or security device of the Website, (iii) attempts to redeliver, reproduce, or circumvent any page, text, image, or materials on the Website (iv) transmits any harmful or disabling computer codes or viruses, (v) interferes with our network services; (vi) interferes with or induces a breach of the contractual relationships between Doctor Mortgage Alliance and its customers or service providers; (vii) dilutes or depreciates the name and reputation of Doctor Mortgage Alliance or any of its affiliates; or (viii) transmits or uploads pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images, or (ix) otherwise interferes with the Website’s functionality. With respect to your account and your online conduct, you agree to comply with all laws, rules, codes, and regulations of the United States, including without limitation, all laws, rules, codes, regulations, decrees, acts, orders, directives, legislation, bills and statutes pertaining to tax, contracts, intellectual property, securities, e-commerce, banking, technology, computers, fraud, data security and privacy.
Conduct on Website
Your use of the Website is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Website. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive services that may be available to you on or through this Website, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes on any patent, trademark, trade secret, copyright, rights of publicity, or other proprietary rights of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- impersonates any person or entity, including any of our employees or representatives.
In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Website may be available to you or other authorized users of the Website. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our Website without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
You hereby understand and agree that by using this Web Site, you automatically and without any further action have established a business relationship between you and Doctor Mortgage Alliance and its affiliates and subsidiaries. As a result you agree to allow Doctor Mortgage Alliance to contact you about its business via telephone, e-mail and /or standard mail using the contact information you have provided. You hereby consent to such contact even if your phone number is on any Do Not Call list.
Permission to Share Information with a Preferred Third Party Provider Servicing Your Area
While Doctor Mortgage Alliance can complete most every request, you may live in an area in which we cannot. By completing and submitting the Quick Assessment, you authorize us to share only your contact information with one of our preferred third-party providers servicing your area. You further authorize such third-party provider to contact you regarding your request for seeking a Doctor Loan. If you do not authorize the sharing of your contact information as described above, please do not submit the Quick Assessment and simply give us a call at the 800#. If you do not and we determine that we cannot assist you in your area, we will forward your contact information to a preferred third-party provider who may be able to assist you. We respect your privacy and all information is secure and confidential.
Links to Third Party Sites or Products
Doctor Mortgage Alliance STRIVES TO MAKE SURE THAT THE INFORMATION ON ITS WEB SITE IS ACCURATE AND UP-TO-DATE. HOWEVER, INACCURACIES OR ERRORS CAN OCCUR AND WE DO NOT WARRANT INFORMATION APPEARING ON THIS WEBSITE OR SERVICES PROVIDED THROUGH THIS WEBSITE FOR COMPLETENESS, TIMELINESS OR ACCURACY.. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. Doctor Mortgage Alliance RESERVES THE RIGHT TO CHANGE OR MODIFY THE CONTENT OF ITS WEB SITE AT ANY TIME WITH OR WITHOUT NOTICE. YOUR CONTINUED USE OF THE WEB SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH MODIFIED TERMS. THIS WEB SITE AND ALL OF THE INFORMATION CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABILE” BASIS. Doctor Mortgage Alliance EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANYTHING WHATSOEVER RELATING TO THIS WEB SITE AND ANY INFORMATION PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY THAT (I) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (II) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE, TIMELY, COMPLETE, ADEQUATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND/OR (V) ANY ERRORS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, WHETHER DUE TO ANY VIRUS OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS WEBSITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. Through your use of the Website, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS WEBSITE, WITH ANY THIRD PARTY AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
You understand and agree that temporary interruptions of the services available through this Website may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this Website, and therefore, delays and disruption of other network transmissions are completely beyond our control. You understand and agree that the services available on this site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.
LIMITATION OF LIABILITY
YOU AGREE THAT WE WILL NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY HARMS, INJURIES, CLAIMS OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVENT IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, RESULTING FROM (I) THE USE OF OR THE INABILITY TO USE THE WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS WEBSITE, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (IV) STATEMENTS OR CONDUCT OF ANY OTHER PERSON USING OR ACCESSING OUR WEBSITE, (V) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS OR LINE OR SYSTEM FAILURE, AND/OR (VI) ANY OTHER MATTER RELATING TO THE WEBSITE OR YOUR USE THEREOF AND/OR THE CONTENT LOCATED THEREON. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS WEBSITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS. IF YOU LIVE IN A JURISDICTION THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OFLIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR IMPLIED WARRANTIES, SOME OR ALL OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU..
Indemnification and Legal Relief
EXCEPT WHEN CAUSED BY OUR INTENTIONAL MISCONDUCT OR WANTONNESS, you agree to protect, fully compensate, indemnifyand hold Doctor Mortgage Alliance, its affiliates, service providers and/or its licensors harmless from and against any and all loss, cost, damage, or expense including, but not limited to, reasonable attorneys’ fees, including such costs and fees on appeal, if any, caused by or incurred by Doctor Mortgage Alliance, its affiliates, service providers and/or its licensors caused by or arising out of from your use or misuse of the Website, your violation of this Agreement or your infringement of any intellectual property or other right of any person or entity or any action at law or other proceeding necessary to enforce any of the terms, covenants or conditions of this Agreement or due to your breach of this Agreement. We reserve the right, at our 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 us in asserting any available defenses.
In order to access some of the services on this Website, you will be required to complete our online registration form, which requests certain information and data (“Registration Data”) and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
We take commercially reasonable measures to protect the security of information electronically transmitted to us through the use of customer service information forms integrated into our Website. However, we advise you to exercise caution when sending us email as such transmissions may not be secure. For example, email may be intercepted by a third party or may not be immediately received by the designated person or department. Please do not use email to send us confidential or privileged information (such as account numbers or financial information), information that may need our immediate attention, or information we have required you to send us in a signed writing or by other express means. We will not be liable to you for any losses or damages incurred as a result of the interception or unauthorized use by any third party of any information transmitted by you via insecure email or as a result of your use of email for the transmission of, or our failure to respond to email that includes, information that we have required you submit through another express means or medium. If you communicate with us via email or via a messaging application within our Website, you may receive an automated response acknowledging that you have transmitted a message to us. However, the automated response does not mean that we actually have received, reviewed, or taken any action in response to your message or that we have committed to take any action in response to your message.
Termination of Use
Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflicts of law provisions or your actual state or country of residence, and applicable federal law. For purposes of any action, suit, or proceeding arising out of this Agreement, you expressly submit to the jurisdiction of all federal and state courts located in the State of Florida and agree that we, in our discretion, may require that federal or state courts located in Jacksonville, Florida, be the venue for any legal proceedings arising out of or related to this Agreement. You waive and agree not to assert in any action, suit or proceeding that you are not personally subject to the jurisdiction of such courts, that the action, suit or proceeding is brought in an inconvenient forum or that venue of the action, suit or proceeding is improper. The Website is hosted in the United States. If you are accessing this Website from outside the United States, you may be subjecting yourself to United States law, which may differ from your local laws, including laws that govern personal data collection, use and disclosure. In your use of this Website, products or services, you may transfer certain personal information to the United States. You consent to that transfer and you consent to the application of United States law. In the event that you should have any claim or cause of action against us arising out of your use of the Website, you agree that, regardless of any statute or law to the contrary, such claim or cause of action must be initiated or filed in a court of competent jurisdiction within one (1) year after accruing or be forever barred. In any action in which a claim is brought with respect to this Agreement and you agree that it may be served with process in any such action by hand delivery, courier, overnight delivery service, or certified or registered mail, return receipt requested. You irrevocably and unconditionally waive and agree not to plead, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of venue or the convenience of the forum of any action or claim with respect to this Agreement brought in the jurisdictions set forth above.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at email@example.com. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the Website to inform you of changes to the Website or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
Participation in Promotions
From time to time, this Website may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Website. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
E-mail, Messaging, Blogging and Chat Services
We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as “spam”) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.
Although this Website may be accessible worldwide, we make no representation that materials on this Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited.