Terms of Use Agreement

Landmarx Solutions, LLC (hereinafter Landmarx) operates this Site to provide online access to information about Landmarx and the products, services, and opportunities we provide (the “Service”). By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this “Agreement.” Landmarx reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth below.

1. USE OF THE SITE
You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about Landmarx products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Landmarx reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.

2. COPYRIGHT
The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to Landmarx or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by Landmarx or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only (If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by Landmarx. With the exception of the Sample Images, you may not manipulate or alter in any way images or other Content on the Site.

3. TRADEMARKS
You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.

4. LINKS TO THIRD-PARTY WEBSITES
Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Landmarx of the third party, the third-party web site, or the information contained therein. Landmarx is not responsible for the availability of any such web sites. Landmarx is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of Landmarx affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites.

5. DOWNLOADING FILES
Landmarx cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

6. SOFTWARE
Any software available for download via the Site is the copyrighted work of Landmarx and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.

7. DISCLAIMER OF WARRANTIES

LANDMARX MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. LANDMARX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. LANDMARX DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. LANDMARX DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

8. LIMITATION OF LIABILITY

IN NO EVENT WILL LANDMARX BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF LANDMARX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, LANDMARX’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

9. INDEMNIFICATION
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Landmarx, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.

10. USER CONDUCT
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

11. TERMINATION
You agree that LANDMARX, in its sole discretion, may terminate or suspend Your use of the Web Site, the LANDMARX Systems, Information, Services and Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, You must immediately (a) discontinue use of the Web Site, and (b) destroy any copies You have made of any portion of the Content. Accessing the Web Site, the LANDMARX Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, You agree that LANDMARX shall not be liable to You or any third party for any termination or suspension of Your access to the Web Site, the LANDMARX Systems, Information and/or the Services.

12. PRIVACY
Your privacy is our top concern. We work hard to earn and keep your trust, so we adhere to the following principles to protect your privacy: (1) we will never rent or sell your personal information to third parties for marketing purposes; (2) we will never share your contact information with another user, unless we have consent of both parties; and (3) any sensitive information that you provide will be secured with all industry standard protocols and technology.
a. Children: Children are not eligible to use our service and we ask that minors (under the age of 18) do not submit any personal information to us or use the service.
b. Information Use: Landmarx Solutions is an online service dedicated to helping all types of mortgage professionals more effectively connect with one another. The information you choose to provide on this site is used to help other members with the placement of mortgage loans. In addition, Landmarx Solutions collects certain types of information in order to operate and improve our service to you and other users. Landmarx Solutions LLC is the sole owner of the information collected on this site.
c. Sharing Information With Third Parties: Landmarx Solutions takes the privacy of our users very seriously. We will never sell, rent, or otherwise provide your personally identifiable information to any third parties for marketing purposes. We will only share your information with third parties to carry out your instructions and to provide specific services. For instance, we use a credit card processing company to bill users for subscription fees. These third parties do not retain, share, or store any personally identifiable information except to provide these services and are bound by strict confidentiality agreements which limit their use of such information.
d. Security: In order to secure your personal information, all communications between you and the Landmarx Solutions website are protected through secure socket layer (SSL) encryption. Additionally, private information like your address or credit card number can be accessed only by providing your password.
e. Changes to this Privacy Policy: Landmarx Solutions may update this privacy policy. In the event there are significant changes in the way we treat your personal information, we will send a notice to the primary email address specified in your Landmarx Solutions account or by displaying a prominent notice on this site.
f. Legal Disclaimer: It is possible that we may need to disclose personal information when required by law. We will disclose such information wherein we have a good-faith belief that it is necessary to comply with a court order, ongoing judicial proceeding, or other legal process served on our company or to exercise our legal rights or defend against legal claims.

13. GENERAL PROVISIONS
a. Entire Agreement/No Waiver: These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Landmarx of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

b. Correction of Errors and Inaccuracies: The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Landmarx therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Landmarx does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

c. Enforcement/ Choice of Law/ Choice of Forum: If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, Landmarx’s, your use of the Site, any other Landmarx web site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Michigan, without regard to any conflict of laws provisions.

d. Claims of Copyright Infringement: Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent.