Windmill Mortgage Company.
The following Terms and Conditions of Service constitute a legally binding
agreement (the "Agreement") between you ("You" or the "Client") and
Windmill Mortgage Company. , ("Windmill Mortgage Company. ®") regarding use of
the www.Windmillmortgage.net Web site ("Site") and/or Loan Officers
services ("Services") rendered or to be rendered by
Windmill Mortgage Company. ®.
By accessing or using the Site or Services, You thereby agree to be bound by
these Terms and Conditions of Service. If You do not wish to be bound by these
Terms and Conditions of Service, You may not access or use the Site or
Services.
I.
GENERAL USAGE CONDITIONS
1.1
The Site is a communications medium by which consumers can have access to and
use Services offered by Windmill Mortgage Company. ®.
1.2
Prior to using such Services, You must properly complete the account
registration ("Account"). Only an individual, acting either in his or her
individual capacity or on behalf of a company, may be a registered user
("Registered User"). A Registered User may only have one Account, which is
non-transferable.
1.3
Registered User Warranties:
(a)
As a Registered User, You represent and warrant that You are at least 18
years of age and possess the legal authority to enter into this Agreement and to
use this Site in accordance with all Terms and Conditions of Service herein. You
agree to supervise and will be responsible for any and all usage of the Site
under Your Account, including any username and/or password associated with the
Account. Any such use shall be deemed to constitute use by You and must comply
with all the Terms and Conditions applicable to Your use. You also represent and
warrant that all information supplied by You is and will be true and accurate.
You agree not to submit any speculative, false or fraudulent information. You
agree that You will use the Services of this Site only for legitimate and lawful
purposes. Where the Registered User is a business entity, You represent and
warrant that You have the authority to bind such entity to these Terms and
Conditions of Service and will indemnify Windmill Mortgage Company. ® in the
event such entity disputes Your authority to so bind such entity.
(b)
You represent and warrant that You own or are the owner or authorized
licensee of the Source Material(s) (defined below) and all components thereof,
and that reproduction, translation, adaptation, and transmission of the Source
Material(s) through the Site or Services shall not infringe upon any copyright,
trademark, patent, trade secret, privacy or other right of any third party.
(c)
By submitting any Source Material(s) to the Site or using the Services, You
thereby represent and warrant that the owner of such Source Material(s) has
expressly granted to Windmill Mortgage Company. ® the royalty-free, perpetual,
irrevocable, non-exclusive right and license to use, reproduce, translate,
modify, adapt, publish, transmit, create derivative works from, distribute,
perform and display such Source Material(s) in an electronic environment or any
other medium now known or later developed to the extent necessary to perform the
Services requested by You.
(d)
By using the Site or Services, You agree not to upload to, distribute, or
otherwise publish through the Site, any Source Material(s) that is harassing,
abusive, threatening, libelous, defamatory, obscene, pornographic, profane,
sexually explicit, or otherwise violative of any law, including, without
limitation, any criminal, trademark or copyright law. You shall not upload
Source Material(s) (i) that encourages or promotes illegal activity, (ii) that
discusses illegal activities with the intent to commit them, or (iii) that may
give rise to civil or criminal liability in any way, or which violates federal,
state, or local laws. You shall not upload materials intended to be used for the
transmission of unsolicited e-mails (spam) or faxes. You shall not in any manner
impersonate anyone else or misrepresent Your true identity.
(e)
You represent and warrant at all times that the Source Material(s) You upload
to the Windmill Mortgage Company. ® servers or Site for all Services will be
free from infection or viruses, worms, Trojan horses or other destructive
code.
1.4
As a Registered User, You must keep confidential and not send or disclose
Your username or password to anybody other than Windmill Mortgage Company. ®.
You must not store Your username or password in any form in any location where
either one is capable of being read by anybody other than Yourself. You must not
permit any other person, other than persons having Your express permission and
under Your personal supervision, to use Your username and password to access and
use the Services. You accept and assume total responsibility for all aspects of
use of the Services by all persons using Your username and password.
1.5
Windmill Mortgage Company. ® reserves the right in its sole discretion to
refuse to provide the Services at any time.
1.6
By using the Site or Services, You agree that Windmill Mortgage Company. ®
may suspend or deny further access to the Site or the Services for any reason
whatsoever, or for no reason at all, including, without limitation, breach of
these Terms and Conditions.
1.7
Privacy Policy:
(a)
The process for registering as a Registered User requires Registered Users to
provide Windmill Mortgage Company. ® with contact information for the Client.
Windmill Mortgage Company. ® may also collect personally identifiable
information at other times. Windmill Mortgage Company. ® uses the personal data
information for two general purposes: (i) to fulfill Your requests for certain
products and translation services, and (ii) to contact You about special
offering Windmill Mortgage Company. ® and new products or services. You can
choose to opt out of receiving non-essential communications from us. Please
indicate this on by sending an e-mail to
optout@Windmill Mortgage Company. ®.com. Windmill Mortgage Company. ® shall not
distribute, rent, or re-sell the personal data provided by its Registered Users
to third parties. However, Windmill Mortgage Company. ® may send personally
identifiable information to other persons or entities when (a)
Windmill Mortgage Company. ® has Your consent to share such information, (b)
Windmill Mortgage Company. ® needs to share Your information to provide a
product or service You have requested, or (c) Windmill Mortgage Company. ® needs
to respond to a court order or is otherwise required to do so by law. If the
Source Material(s) contain any personally identifiable information about other
persons then You will obtain any required consents from such data subjects to
permit such information to be disclosed to Windmill Mortgage Company. ® and to
permit Windmill Mortgage Company. ® to use, disclose, transmit and export such
information as required in order to perform the Services requested by You.
(b)
Windmill Mortgage Company. ® uses a feature of Your Web browser called a
"Cookie" to assign a unique identification to Your computer. Cookies are files
that Your Web browser places on Your computer's hard drive.
Windmill Mortgage Company. ® uses Cookies to store each registered User's
language preferences and other options that make re-ordering faster. The Cookies
do not store a Registered User's personal or sensitive information.
(c)
Windmill Mortgage Company. ® does not itself store any credit card
information. Any credit card information collected is transmitted directly to
Windmill Mortgage Company. ®' credit card processor.
(d)
A Registered User shall, at all times, have the right to access and to review
the personally identifiable data processed by Windmill Mortgage Company. ®, and
may amend or rectify errors in such.
1.8
You hereby agree to indemnify, defend and hold harmless
Windmill Mortgage Company. ® and its past and present officers, directors,
owners, agents, information providers, affiliates, licensors and licensees
(collectively, the "Indemnified Parties") from and against any and all liability
or costs incurred by the Indemnified Parties in connection with any and all
actions, claims, suits, demands, liabilities, costs or expenses arising out of
or in any way connected to any breach by You, or by any other person using Your
Account identification, of these Terms and Conditions, or otherwise arising from
the use of the Site, Services or Deliverables, including, without limitation,
reasonable attorney fees. You agree to defend, indemnify and hold harmless
Windmill Mortgage Company. ® from any and all costs, expenses, liabilities,
actions or fines arising out of, or in any way connected with, the materials,
texts, documents, software or other items delivered to
Windmill Mortgage Company. ® under a specific translation request or its use by
Windmill Mortgage Company. ® to perform the Services requested by You but
excluding any infringement of copyright arising from the fault of
Windmill Mortgage Company. ®. You shall cooperate as fully as reasonably
required in the defense of any claim. Windmill Mortgage Company. ® reserves the
right, at its own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by You.
1.9
Windmill Mortgage Company. ® reserves the right, at its sole discretion, to
vary and develop the elements of the Services offered on the Site and to add or
delete modules, languages, or any other elements from time to time.
Windmill Mortgage Company. ® also reserves the right to amend these Terms and
Conditions of Service from time to time. We encourage You to review these Terms
and Conditions of Service upon each visit to the Site because any changes will
be binding upon You.
II.
SITE CONTENT AND INTELLECTUAL PROPERTY
2.1
All rights to the Content (defined below) and Services of the Site are
exclusively reserved to Windmill Mortgage Company. ®. You acknowledge that the
Site may contain information, communications, software, photos, text, video,
graphics, music, sounds, images, methodologies, innovations, know-how, databases
and other material and services ("Content"), which are provided by
Windmill Mortgage Company. ® or by licensors of Windmill Mortgage Company. ®.
You agree and acknowledge that the Content and its use, and the use of this
Site, are protected by copyright, trademark, and other intellectual property
laws, that these rights are valid and protected in all media now existing or
later developed, and that except as specifically provided for in this Agreement,
Your use of the Content shall be governed and constrained by applicable
copyright, trademark and other intellectual property laws.
2.2
The Site is protected by copyright as a collective work and/or compilation,
pursuant toCanada copyright laws, international conventions and other copyright
laws. Except as set forth in this Agreement, You may not, in whole or in part,
modify, adapt, translate, exhibit, publish, transmit, participate in the
transfer or sale of, reproduce (except as expressly provided in this section of
the Terms and Conditions of Service), create derivative works from, distribute,
perform, display, reverse engineer, decompile or dissemble, or in any way
exploit, any of the Content, software, or materials used in connection with the
Site.
2.3
Copying or storing of the Content of the Site is expressly prohibited without
prior written permission from Windmill Mortgage Company. ®. Your use of the
Services does not create a license or any other rights in
Windmill Mortgage Company. ® trademarks, copyrights, patent rights, database
rights, or sui generis rights, or any other intellectual property or proprietary
rights.
2.4
All right, title, and interest in and to the material(s) You provide to
Windmill Mortgage Company. ® or through the Site and/or in order for
Windmill Mortgage Company. ® to perform the Services (“Source Material(s)”) and,
except as hereunder provided, the Deliverable(s) (defined below), and any and
all patent rights, copyright, know-how, and trade secrets therein are and remain
Your sole and exclusive property. By submitting Source Material(s), You hereby
grant to Windmill Mortgage Company. ®, or warrant that the intellectual property
rights owner grants, a non-exclusive license to modify, adapt, translate,
exhibit, publish, transmit, reproduce, create derivative works from, distribute,
perform, display or otherwise use the Source Material(s) in the course of
performing the Services. This license shall terminate upon payment by You in
full for the Services and Deliverables requested from
Windmill Mortgage Company. ®.
III.
SERVICES OFFERED ON SITE (www.Windmillmortgage.net) Windmill Mortgage Company. Web site)
3.1
The Services offered on the Site include Loan Officers Information.
3.2
IV.
DISCLAIMERS APPLICABLE TO ALL SERVICES, DELIVERABLES AND USE OF THE SITE
4.1
THE SITE, THE SERVICES, THE DELIVERABLES AND ANY OTHER MATERIALS PROVIDED BY
Windmill Mortgage Company. ® OR THIRD PARTIES THROUGH
www.Windmillmortgage.net. A RESULT OF THE SERVICES, ARE PROVIDED ON AN "AS
IS" BASIS. Windmill Mortgage Company. ® MAKES NO, AND EXPRESSLY DISCLAIMS ANY,
REPRESENTATIONS, CONDITIONS OR WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR
OTHERWISE, AS TO MERCHANTABILITY, MERCHANTABILE QUALITY, FITNESS FOR A
PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGMENT OF THE SITE, SERVICES OR
DELIVERABLES, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION,
WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING, WITHOUT LIMITATION,
THE ACCURACY, TIMELINESS OR USEFULLNESS OF ANY OF THE CONTENT, MATERIALS,
TRANSLATIONS OR SERVICES PROVIDED THROUGH THE SITE. Windmill Mortgage Company. ®
ALSO EXPRESSLY DISCLAIMS THE APPLICATION OF ANY PROVISIONS OF THE UNITED NATIONS
CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (ALSO COMMONLY
REFERRED TO AS THE VIENNA CONVENTION) AND ANY LAWS INTENDED TO INCORPORATE THE
PROVISIONS OF SUCH CONVENTION INTO LOCAL LAWS.
4.2
Windmill Mortgage Company. ® SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD
PARTY FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE
OR EXEMPLARY DAMAGE, OR ANY LOSS INCURRED (INCLUDING BUT NOT LIMITED TO LOST
PROFITS, LOST REVENUES OR LOSS OF DATA) IN CONNECTION WITH YOUR USE OF THE SITE,
SERVICES OR DELIVERABLES PROVIDED BY Windmill Mortgage Company. ® (OR THIRD
PARTIES ON BEHALF OF Windmill Mortgage Company. ®), OR ANY DAMAGE OR LOSS DUE TO
INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, OR DELAYS IN PERFORMANCE,
REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF
Windmill Mortgage Company. ® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE
OR LOSS. THE EXCLUSIONS OF AND LIMITATIONS ON LIABILITY CONTAINED IN THESE TERMS
AND CONDITIONS OF SERVICE SHALL APPLY REGARDLESS OF THE NATURE OR SOURCE OF THE
LOSS OR DAMAGE, WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT
(INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE.
4.3
4.4
In no event shall the total aggregate liability of
Windmill Mortgage Company. ® to anyone (including Client) relating to the Site,
the Services, the Deliverables or otherwise arising from these Terms and
Conditions of Service exceed the amount paid by You and received by
Windmill Mortgage Company. ® in consideration of a specific translation request.
You agree to indemnify and hold harmless Windmill Mortgage Company. ® from any
cumulative liability to anyone (including Client) which exceeds such
limitation.
VI.
Windmill Mortgage Company. COPYRIGHT ACT COMPLIANCE POLICY
It is our policy to promptly respond to claims of copyright infringement. If
You believe that an infringing copyrighted work is accessible on this Site, You
may notify our registered copyright agent by sending the following information
to the address listed below:
1.
The signature of a person authorized to act on behalf of the owner of the
copyright. This signature can be physical or electronic;
2.
A statement that this person is authorized to act on behalf of the copyright
owner;
3.
A statement that this person has a good faith belief that the use of the
material in the complained-of manner is not authorized either by the copyright
owner, by the owner's agent, or by law;
4.
A description of the copyrighted work that You claim has been infringed;
5.
A description of where the material that You claim is infringing is located
on the Site; and
6.
Your address, telephone number, and e-mail address.
We ask that You place the term "Notice of Infringement" in the subject line
of all such notifications, and send the notification to:
info@Windmill Mortgage Company.
We will process and investigate all notices of alleged infringement as
required by the Windmill Mortgage Company. Act ("DMFA"), and will, in
accordance with the requirements of the DMFA, remove or disable access to any
material claimed to be infringing or claimed to be the subject of infringing
activity. When we remove or disable access to any material claimed to be
infringing, we may attempt to contact the user who posted such material in order
to give that user an opportunity to respond to the notification. If the user
posting the material gives a counter-notification claiming that the use is
authorized, we will furnish that counter-notification to the complaining party,
and will give the complaining party an opportunity to seek judicial relief under
the DMCA before we replace or restore access to any materials.
VII.
GENERAL
7.1
It is strictly forbidden to link directly to the Services offered on the
Site, without the express written permission of Windmill Mortgage Company. ®. A
hyperlink to the general URL "www.Windmillmortgage.net" shall be
permitted, provided You do not infringe Windmill Mortgage Company. ®'s
proprietary rights and You abstain from deep-linking or any other unlawful
reference. Framing the Site with links, advertisements and/or other information
not originating from the Site is expressly prohibited.
7.2
Registered Users may use the feedback form to report feedback concerning any
translation request or the service in general.
7.3
Neither party shall be liable for failure in the performance of any of its
obligations under this Agreement if such failure is caused by circumstances
beyond the control of the party affected.
7.4
The Client who contracts with Windmill Mortgage Company. ® via e-mail, or
more generally via a computer network, or any other similar means of
communication, acknowledges that these means of communication possess, notably
in terms of evidentiary force, the same validity as that conferred by a writing
in a hard copy. Client agrees not to challenge the enforceability of any
contract made with Windmill Mortgage Company. ® by reason that such contract was
made using e-mail, a click-through process or through other electronic
means.
7.5
The obligations of the parties under this Agreement, which by their nature
would continue beyond the termination or cancellation of this Agreement, shall
survive such termination or cancellation.
7.6
If any part of this Agreement is determined to be invalid or unenforceable,
then the invalid or unenforceable provision will be deemed superseded by a
valid, enforceable provision that most closely matches the intent of the
original provision, and the remainder of the Agreement shall continue in
effect.
7.7
The failure of either party to insist, in any one or more instances, upon the
performance of any of the Terms or Conditions of this Agreement, or to exercise
any right hereunder, shall not be construed as a waiver of the future
performance of any such term or the future exercise of such right.
7.8
Windmill Mortgage Company. ® may subcontract any or all of the translation
work to be performed but, subject to the exclusive remedies and limitations of
liability set forth in these Terms and Conditions of Service, shall retain
responsibility for the work that is subcontracted.
7.9
Windmill Mortgage Company. ® reserves the right to change these Terms and
Conditions of Service at any time. Such modifications shall be effective
immediately upon posting. You agree to review these Terms and Conditions of
Service periodically to be aware of such modifications, and Your continued
access or use of the Site or Services shall be deemed to be Your acceptance of
the modified agreement. Except for any revised versions of these Terms and
Conditions of Service which are posted on the Site, any other modification or
amendment of these Terms and Conditions of Service shall not be enforceable
against Windmill Mortgage Company. ® unless evidenced by a signed writing
executed by Windmill Mortgage Company. ®.
7.10
This Agreement shall be governed by the laws of the Province of
Alberta,Canada. Client hereby submits to the exclusive jurisdiction of the
courts having jurisdiction in Alberta and agrees to bring any action relating to
the Site, the Services, the Deliverables or otherwise arising from this
Agreement exclusively in such courts and in a venue of Edmonton, Alberta. Use of
the Site or Services is unauthorized in any jurisdiction that does not give
effect to all provisions of these Terms and Conditions of Service, including,
without limitation, this paragraph.
7.11
Client hereby consents to Windmill Mortgage Company. ® listing Client as a
customer on the Site.
7.12
The parties hereby confirm their express wish that this Agreement and all
documents relating thereto be drawn up in English only. Les parties aux
présentes confirment leur volonté que le présent contrat de même que tous autres
documents s'y rapportant soient rédigés en anglais seulement. In the event any
non-English translation is provided of these Terms and Conditions of Service,
such translation shall be deemed provided for convenience purposes only, and the
relationship between the parties shall be interpreted and enforced in accordance
with the English language version of such Terms and Conditions of Service.
7.13
This Agreement is the entire agreement with respect to its subject matter and
supersedes all prior or other proposals, understanding
Windmill Mortgage Company. ®, agreements or other communications between the
parties, whether oral or written, including but not limited to any material
posted on the Site.
Copyright© 2006 Windmill Mortgage Company. , Inc. All rights reserved. .