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Terms of Use This Web Site is provided to you under these "Terms of Use" and any amendments to them that may be posted from time to time by SN Servicing Corporation ("SNSC") (collectively referred to as this "Agreement"). The Agreement constitutes the entire agreement between you and SNSC 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 SNSC. 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 SNSC, 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 SNSC 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 SNSC 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 SNSC that you have all necessary permission to post or transmit content; and (2) you grant to SNSC 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, SNSC 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. SNSC 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. SNSC 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 SNSC 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 SNSC 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 SNSC 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 SNSC, 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 SNSC asks our users to respect the intellectual property of others. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, SNSC 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 SNSC'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 SNSC's Copyright Agent. SNSC's Copyright Agent for Notice of claims of copyright infringement on this site is: Copyright Agent 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 SNSC 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 SNSC shall not be liable for the consequences of doing so. Limitation of Actions Brought Against SNSC 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 SNSC 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 SNSC at: feedback@SNSC.comOr SN Servicing Corp |