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This Web Site is provided to you under these "Terms and Conditions" and any
amendments to them that may be posted from time to time by SN Servicing
Corporation (collectively referred to as this "Agreement"). The Agreement
constitutes the entire agreement between you and SN Servicing Corporation
regarding the use of this Web Site. PLEASE READ THIS AGREEMENT CAREFULLY. Your
use of this Web Site will be deemed to constitute your consent to be bound by
the terms and conditions of this Agreement. If you are not willing to accept
the terms and conditions in this Agreement, we ask that you not use the Web
Site.
Ownership
This web site ("Web Site") is owned by SN Servicing Corporation. All right,
title and interest to the content displayed on the Web Site, including but not
limited to the Web Site’s look and feel, data, information, text, graphics,
images, sound or video materials, designs, trademarks, service marks, trade
names and URL, is the property of SN Servicing Corporation, or its respective
partners, agents or third parties. Any use of the site and/or the content
displayed on the site other than as permitted in this Agreement is prohibited.
Modifications to this Agreement
SN Servicing Corporation may make changes to this Agreement from time to time
in its sole discretion, and will post any such changes on the Web Site. Your
continued use of the Web Site following the posting of changes constitutes your
acceptance of any such changes.
Privacy
The information that we obtain through your use of the Web Site, whether
through the registration process or otherwise, is subject to our Privacy
Statement. That Privacy Policy contains terms and conditions that govern our
collection and use of the data you provide to us, including your rights
relative to that information. Please review the Privacy Policy before you use
the Web Site. If you are unwilling to accept the terms and conditions of the
Privacy Policy, we ask that you not use the Web Site.
Protection of Intellectual Property Rights and License
You acknowledge that content on the Web Site (“Intellectual Property Rights”),
is protected by copyrights, trademarks, Web Site marks, patents or other
proprietary rights and laws. Except as expressly authorized by SN Servicing
Corporation herein, you agree not to copy, modify, rent, lease, loan, sell,
assign, distribute, license, reverse engineer or create derivative works based
on the Web Site or any content (including without limitation any software)
available through the Web Site. Any rights not expressly granted herein are
reserved.
Compliance with Laws
This site may be used only for lawful purposes. You agree to comply with all
applicable local, state, national and international laws, regulations, or
conventions, including without limitation those related to data privacy,
international communications, and export of technical or personal data. You may
not use the Web Site for any criminal or illegal activities or activities that
might be legally actionable.
User Conduct
You agree that you shall not use the Web Site in any way to:
(1) post, disseminate or transmit any Content which infringes or
violates any party's copyright, trademark, trade secret, patent or other
proprietary right, including, but not limited to, using third party copyrighted
materials, without appropriate permission, using third party trademarks without
appropriate permission or attribution, or using or distributing third party
information (whether or not protected as a trade secret) in violation of a duty
of confidentiality;
(2) post, disseminate or transmit any worms, viruses or other harmful,
disruptive or destructive files, code or programs;
(3) impersonate any person or entity; falsely state or otherwise misrepresent
your affiliation with any person or entity; intentionally omit, delete, forge
or misrepresent transmission information, including headers, return mailing and
Internet protocol addresses; or otherwise manipulate identifiers to disguise
the origin of any site content transmitted through the Web Site;
(4) disseminate or transmit any site content you do not have the right to
disseminate or transmit;
(5) disrupt the normal flow of dialogue or otherwise act in a manner that
negatively affects other users' ability to engage in real time exchanges;
(6) interfere with, disrupt, or harm in any way the Web Site or servers or
networks connected to the Web Site;
(7) collect or store personal data about other users; or
(8) engage in any activities that would violate the personal privacy rights of
others, including but not limited to, collecting and distributing information
about Internet users without their permission, except as permitted by
applicable law.
User Content
By transmitting content using the Web Site, (1) you represent and warrant to SN
Servicing Corporation that you have all necessary permission to post or
transmit content; and (2) you grant to SN Servicing Corporation a worldwide,
non-exclusive, perpetual, royalty-free license to fully sublicensable right and
license to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, perform and display such content (in whole or part)
worldwide and /or to incorporate it in other works in any form, media, or
technology now known or later developed.
Disclaimer of Warranties
THE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SN Servicing Corporation
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SN Servicing Corporation DOES NOT MAKE ANY WARRANTY THAT THE WEB SITE WILL MEET
YOUR REQUIREMENTS, OR THAT THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. SN Servicing
Corporation MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE WEB SITE, AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION
OBTAINED THROUGH THE WEB SITE, AS TO THE QUALITY OF ANY PRODUCTS, WEBSITES,
INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB
SITE, OR AS TO ANY TRANSACTIONS ENTERED INTO BY YOUR USE OF THE WEB SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE WEB SITE IS USED AT YOUR OWN RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SN
Servicing Corporation OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY MADE HEREIN.
Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL SN
Servicing Corporation OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OR THOSE
OF ITS AFFILIATE OR SUBSIDIARIES BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL,
EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION,
ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF
PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL,
EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY
THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE
AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE
INABILITY TO USE, THE WEB SITE, (2) THE COST OF PROCUREMENT OF SUBSTITUTE
SERVICES, GOODS OR AND WEBSITES, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE WEB SITE, OR, (5) ANY OTHER MATTER RELATING TO THE WEB SITE. THESE
LIMITATIONS WILL APPLY WHETHER OR NOT SN Servicing Corporation HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY.
SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OR EXCLUSION OF LIABILITY FOR
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO
SOME OF THE ABOVE MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify and hold harmless SN Servicing Corporation, its
directors, officers, employees and agents, and those of its co-branders,
subsidiaries, parents and affiliates, from and against any and all liability,
losses, claims, demands, disputes, damages or costs of any kind, including,
without limitation, reasonable attorneys’ fees and costs of litigation,
resulting from or in any way connected with your use of the Web Site content
you submit, post or transmit through the Web Site, your breach of this
Agreement or your connection to the Web Site.
Copyright, Copyright Agent
SN Servicing Corporation asks our users to respect the intellectual property of
others. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512,
SN Servicing Corporation has designated an agent to receive notices of claimed
copyright infringement. If you believe in good faith that your work has been
copied in a way that constitutes copyright infringement, you may file a
Notification of Claimed Copyright Infringement with SN Servicing Corporation's
Copyright Agent.
If you believe that a notice of copyright infringement has been wrongly filed
against you and you would like to submit a counter-notification, you may file a
Counter-Notification in Response to Claim of Copyright Infringement with SN
Servicing Corporation’s Copyright Agent.
SN Servicing Corporation's Copyright Agent for Notice of claims of copyright
infringement on this site is:
Copyright Agent
323 Fifth Street,
Eureka, CA 95501
Fax number: 707-443-1562
E-mail address: feedback@snsc.com
You may want to seek independent legal counsel before filing a notification or
counter-notification.
Modification or Suspension of the Web Site
You agree that SN Servicing Corporation may, in its sole discretion, and at any
time, discontinue, suspend or modify its operation of this Web Site, or any
part thereof, temporarily or permanently, without notice to you, and you agree
that SN Servicing Corporation shall not be liable for the consequences of doing
so.
Limitation of Actions Brought Against SN Servicing Corporation
You agree that any claim or cause of action arising out of your use of the Web
Site or this Agreement must be filed within one year after such claim or cause
of action arose or it shall forever be barred, notwithstanding any statute of
limitations or other law to the contrary. Within this period, any failure by SN
Servicing Corporation to enforce or exercise any provision of this Agreement or
related right shall not constitute a waiver of that right or provision.
Applicable Law
This Agreement shall be governed by and construed in accordance with the laws
of the State of California, without giving effect to conflict of laws
provisions. You agree to submit to the personal and exclusive jurisdiction of
the courts located within the City and County of San Francisco, California.
Contact Information
If you have any questions with respect to this Agreement or the Web Site you
may contact a representative of SN Servicing Corporation at:
feedback@snsc.com
Or
SN Servicing Corporation
Attn: Website Administrator
323 Fifth Street
Eureka, CA 95501
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