1. Agreement Between You and VALoanProgram.com.
The following terms and conditions (the "Terms and Conditions")
apply to all visitors to or users of this Web site. By accessing
this Web site, the user acknowledges acceptance of these Terms
and Conditions. In the case of any violation of these Terms and
Conditions, BGB Marketing, LLC ("VALoanProgram.com")
reserves the right to seek all remedies available by law and in
equity for such violations.
2. General Use Provisions; and Copyright.
All materials provided on this Web site, including but not limited
to all text, logos, designs, graphics, images, sounds, information,
software, documents, products and services (collectively, the
"Materials"), and the selection, arrangement and display
thereof, are the copyrighted works of VALoanProgram.com and/or
its vendors or suppliers. All Materials herein and all VALoanProgram.com
software are proprietary to VALoanProgram.com and protected by
worldwide copyright and other intellectual property laws. Except
as stated herein, none of the Materials may be modified, copied,
reproduced, distributed, republished, downloaded, displayed, sold,
compiled, posted or transmitted in any form or by any means, including
but not limited to, electronic, mechanical, photocopying, recording
or other means, without the prior express written permission of
VALoanProgram.com. 3
3. Limited License. VALoanProgram.com
hereby authorizes you to view, copy, download and print the Materials
available on this Web site, provided that: (1) if you are a potential
or actual automobile buyer, the Materials are used solely for
personal, non-commercial purposes and if you are a automobile
seller, the Materials are used only for the purposes of using
the services expressly offered by VALoanProgram.com; (2) the Materials
are not modified or redistributed; and (3) all copyright, trademark,
service mark and other proprietary notices are reproduced as they
appear in any such Materials. Except as expressly provided above,
nothing contained herein shall be construed as conferring, by
implication, estoppel or otherwise, any license or right under
any patent, trademark or copyright of VALoanProgram.com.
4. Trademarks. The trademarks,
trade names and service marks (the "Marks") displayed
on this Web site are the property of VALoanProgram.com or other
third parties. Users are not permitted to copy or otherwise use
these Marks without the prior written consent of VALoanProgram.com
or such third party which may own the Mark. The following list
of Marks owned by VALoanProgram.com is not exhaustive, and VALoanProgram.com
may own other Marks not included here: VALoanProgram.com and BGBMarketing.com.
5. Compliance with Laws; Export Controls.
You acknowledge that the software and any accompanying documentation
and/or technical information is subject to applicable export control
laws and regulations of the U.S.A. You agree not to export or
re-export the software, directly or indirectly, to any countries
that are subject to U.S. export restrictions.
6. Devices. You agree that you
will not use any robot, spider, other automatic device, or manual
process to monitor or copy our Web pages or the content contained
herein without our prior expressed written permission. You agree
that you will not use any device, software or routine to interfere
or attempt to interfere with the proper working of the VALoanProgram.com
site or any listing, offer or transaction being conducted on our
site. You agree that you will not take any action that imposes
an unreasonable or disproportionately large load on our infrastructure.
7. No Unlawful or Prohibited Use.
As a condition of your use of this Web site, you warrant to VALoanProgram.com
that you will comply with all applicable laws, statutes, ordinances
and regulations regarding your use of our service and any related
activities. In addition, you warrant that you will not use this
Web site in any way prohibited by these terms, conditions and
notices. VALoanProgram.com complies with state and federal civil
rights laws, VALoanProgram.com does not monitor transmissions
of information by Automobile Buyers and Automobile Sellers and
thus assumes no liability for Automobile Buyers' and/or Automobile
Sellers' failures to comply with such laws.
8. Links to Third-Party Web Sites.
This Web site may contain links to Web sites operated by parties
other than VALoanProgram.com. Such hyperlinks are provided for
reference only. VALoanProgram.com does not control such Web sites
and is not responsible for their contents. VALoanProgram.com's
inclusion of hyperlinks to such Web sites does not imply any endorsement
of the material on such Web sites or any association with their
operators. If you decide to access any of the third party sites
linked to this Web site, you do so entirely at your own risk.
9. General Disclaimer. Although
VALoanProgram.com has attempted to provide accurate information
on the Web site, VALoanProgram.com assumes no responsibility for
the accuracy of the information. All information provided on this
Web site is provided "as is" with all faults without
warranty of any kind, either express or implied. VALoanProgram.com
hereby disclaims all warranties, express or implied, including,
without limitation, those of merchantability, fitness for a particular
purpose, title and non-infringement or arising from a course of
dealing, usage or trade practice, except to the extent such disclaimers
are held to be legally invalid.
10. Limitation on Liability. Neither
VALoanProgram.com nor any of its directors, employees, agents,
vendors or suppliers will be liable for any direct, indirect,
special, punitive, consequential or incidental damages including,
without limitation, lost profits or revenues, costs of replacement
goods, loss or damage to data arising out of the use or inability
to use this Web site or any VALoanProgram.com product, or damages
from the use of or reliance on the information present on this
Web site, even if VALoanProgram.com has been advised of the possibility
of such damages.
11. Modification of the Web Site.
VALoanProgram.com (and/or its suppliers) reserves the right in
its sole discretion to improve, modify or remove any information
or content appearing on the Web site. VALoanProgram.com may discontinue
or revise any or all aspects of the Web site in its sole discretion
and without prior notice.
12. Modification of These Terms of Use.
VALoanProgram.com reserves the right to change the terms, conditions,
and notices under which this Web site is offered at any time.
Modification of this contract will be deemed effective upon publication
on the Web site with respect to any Automobile Buyers or Automobile
Sellers actions, communications or transactions occurring after
said date. It is your responsibility to check terms and conditions
of this Agreement at the time of each use.
13. Severability. If any part of
this agreement is determined to be invalid or unenforceable pursuant
to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, 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. VALoanProgram.com does not render legal, auto
dealership, or other professional advice or services to either
its Automobile Buyer or Automobile Seller customers.
14. General. This agreement is
governed by the laws of the State of Texas, without regard to
its conflicts of laws principles. You hereby consent to the exclusive
jurisdiction and venue of courts in Dallas County, Texas, in all
disputes arising out of or relating to the use of this Web site.
Use of this Web site is unauthorized in any jurisdiction that
does not give effect to all provisions of these terms and conditions,
including without limitation this paragraph.
15. Services Not Provided. In connection with
your use of VALoanProgram.com's website and/or services, you acknowledge
and agree as follows:
A. VALoanProgram.com does not participate in any actual loan transactions,
including, without limitation, negotiations, discussions, or proposals;
B. While VALoanProgram.com is not an lender and does not render
legal, financial, or other professional advice or services;
C. VALoanProgram.com is not undertaking any, and has no, fiduciary
duties to borrowers, including, without limitation, the obligation
to disclose information related to a loan or other financial instruments;
D. VALoanProgram.com is not responsible for the content of, nor
does it endorse, the third-party websites to which you may link
using this website;
E. VALoanProgram.com does not guarantee the accuracy of any information
available on this website, and is not responsible for any errors,
omissions, or misrepresentations, whether made by Automobile Sellers
or otherwise and all information obtained on this website or from
Automobile Buyers must be verified independently;
F. VALoanProgram.com may make changes to its products and/or services
and this website at any time and without notifying you or receiving
your consent; and
G. While VALoanProgram.com complies with state and federal civil
rights laws, VALoanProgram.com does not monitor transmissions
of information by borrows and loan specialists and thus assumes
no liability for borrower's and/or loan specialist's failures
to comply with such laws.
IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO
ANY CHANGES THE SERVICE MAKES IN THESE TERMS, PLEASE EXIT VALoanProgram.com
IMMEDIATELY.
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