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DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
HOMEMORTGAGEFINANCING.US WEB SITE IS PROVIDED BY MCMCO INC ON AN "AS
IS" AND "AS AVAILABLE" BASIS. MCMCO INC MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE OPERATION OF
THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED
ON THIS SITE. HOMEMORTGAGEFINANCING.US IS A 100% ADVERTISER SUPPORTED
SEARCH ENGINE. WE ARE NOT A LENDER OR BROKER, TITLE OR ESCROW,
APPRAISAL, OR REALTOR. YOU EXPRESSLY
AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE
FULL EXTENT PERMISSIBLE LAW, MCMCO INC DISCLAIMS ANY AND ALL
WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR
PURPOSE. MCMCO INC DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR
E-MAIL SENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MCMCO
INC FURTHER DISCLAIMS ANY REPRESENTATIONS AND/OR WARRANTIES: (A) THAT
SERVICE WILL BE CONTINUOUS, UNINTERRUPTED AND/OR ERROR-FREE; (B)
CONCERNING THE QUALITY, CREDIT WORTHINESS, RELIABILITY OR IDENTITY OF
ANY BUYER OR SELLER AND WHETHER ANY PARTY OR ACCOUNT SHOULD DO
BUSINESS WITH ANY BUYER OR SELLER; (C) THE ACCURACY OF OFFERS MADE ON
THE SYSTEM BY OR ON BEHALF OF ANY PARTY OR AN ACCOUNT; AND (D) AS TO
THE PERFORMANCE OF ANY SERVICE BY ANY AGENT RELATED TO TRANSACTIONS ON
THIS SITE. MCMCO INC DOES NOT GUARANTEE THE ACCURACY OF OR PROMOTE OR
ENDORSE ANY INFORMATION POSTED ON THE SYSTEM BY ANY PARTICIPANT OR
USER. THE EXCHANGE EXPRESSLY DISCLAIMS ANY RESPONSIBILITY TO SCREEN,
FILTER OR MONITOR THE CONTENT OF THE SYSTEM OR LINKS TO OTHER WEB
SITES. NOTWITHSTANDING THE ABOVE, MCMCO INC MAY TAKE ANY ACTION
WITH RESPECT TO ANY INFORMATION POSTED ON THE SYSTEM AS IT DEEMS
NECESSARY IN ITS SOLE DISCRETION.
MCMCO INC
WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF
THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,
CONSEQUENTIAL, INCIDENTAL, AND PUNITIVE DAMAGES.
CERTAIN
STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO
YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
Each User
shall indemnify, release, defend, and hold harmless MCMCO INC,
HOMEMORTGAGEFINANCING.US and its agents or affiliates against any
claims, demands, liabilities and/or damages (including attorneys’
fees) incurred by each of them concerning, arising out of, or in
connection with: (a) use of the Site and/or Services offered therein;
(b) any agreement by the User to buy or sell a product or service on
the Site; (c) any failure by any User to perform on any obligation
under a contract made through the Site and/or Services offered
therein; (d) any breach or default by any User under these Conditions
of Use or the User’s failure to otherwise comply with or perform its
obligations arising under or by reason of this Agreement; (e) the
failure of any representation made by any User to be true, accurate
and correct as of the date that each Transaction is entered into; (f)
any User or other party changing, modifying or tampering with in any
way the software or functionality of the system; (g) any dispute
arising between the User and any (i) other User or their agent or
common carrier used in connection with any Transaction made on the
system; and (i) any User’s failure to comply in all respects with
applicable Laws arising out of or relating to use of this Site and/or
services therein.
The
User’s failure to acknowledge or diligently pursue its indemnification
obligations under this paragraph shall not relieve the User of such
obligations.
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