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TERMS OF USE
This
web site is provided for your information and use, and we hope
you enjoy using it. Please browse the web site and make use of
its various features, but please be aware that your use of the
web site is subject to the following terms and conditions. If
you do not agree to these terms and conditions, please do not
use this web site.
1. Ownership and Operation. This web site belongs to HanoverTrade
(the "Company"). The Company may, in its
sole discretion and at any time, modify or discontinue this web
site or specific portions of it.
2. Agreement To Be Bound. Your use of this web site constitutes
your agreement with the Company to be bound by, and to act in
accordance with, these Terms of Use.
3. Continuing Agreement. We may change or revise these
Terms of Use from time to time by updating this posting, so please
visit this area from time to time to keep up to date with the
current terms regarding your use of the web site. Your use of
the web site reaffirms your continuing agreement to the then current
Terms of Use.
4. Use of Site Materials. The Company owns the copyright
for all of the material on the web site or has a valid right from
a third party to use material on the web site. The Company also
owns all trademarks, servicemarks, and trade names used on this
web site. No part of the web site may be copied, reproduced, republished,
uploaded, posted, transmitted, or distributed in any way, except
that you may download one copy of the materials on any single
computer for your personal, non-commercial home use only, provided
you keep intact all copyright, trademark and other proprietary
notices on the materials. Any modification of the materials or
use of the materials for any other purpose is a violation of the
Companys copyright and other proprietary rights. The use
of any such material on any other web site or computer network
without the Companys written consent is prohibited. Your
use of the trademarks, servicemarks and trade names on this web
site in any manner other than as authorized in these terms and
conditions, or as authorized in writing by the Company, is strictly
prohibited.
5. Our Products: The Company is an electronic commerce
company providing Members of its web site the ability to trade
bulk pools of whole loan mortgages. The Company provides its Members
an online "real time" trading exchange and acts as an
online clearinghouse for loans available for sale by matching
institutional buyers and sellers. The Company is an active market
place for its Members who are comprised of financial companies
and qualified persons. In order to trade loans on this web site
you must become a member. To return to the web site you were visiting,
press the back button on your browser.
6. Downloaded Software. If you download software from this
web site, the software and all files, images and data relating
to the software will be licensed to you by the Company. You do
not own the downloaded software, and the Company does not transfer
ownership of the Software to you. The Company retains full ownership
of and title to the downloaded software and all intellectual property
rights related to the software. You may not redistribute, sell,
decompile, reverse engineer, disassemble, or otherwise reduce
the software to a human-perceivable form. Software that is downloaded
from this web site is subject to United States export control
laws. If you download software from this web site, you represent
and warrant to the Company that you are not acting in violation
of those laws.
7. Submissions: All comments, suggestions, graphics, ideas
(including product and advertising ideas), and other information
or materials you submit to the Company through this web site will
become and remain the exclusive property of the Company, including
any future rights associated with such submissions, even if these
Terms of Use are later modified or terminated. This means that
you disclaim any proprietary rights in such submissions, and you
acknowledge the Companys unrestricted right to use them
(or materials or ideas similar to them) in any medium, now and
in the future, without notice, compensation or other obligation
to you or any other person. It also means the Company has no obligation
to keep your submissions confidential.
8. Geographic Scope of Site: The Company controls and operates
this web site from within the United States of America. Unless
otherwise specified on or by this web site, this web site is intended
to promote only those Company products that are sold by the Company
in the United States and its territories, and the Company makes
no representation that materials in this web site or the products
described thereby are appropriate or available for use in other
locations. All visitors to this web site are responsible for compliance
with all local laws applicable to them with respect to the content
and operation of this web site.
9. Links to Other Sites: For your convenience and enjoyment,
this web site may provide links to other web sites on the World
Wide Web. These links do not mean that the Company endorses, approves
or sponsors any information available at the linked site or any
products that may be sold there, nor is the Company liable for
any damage that might result from your use of such information
or products.
10. Privacy: For information on how the Company uses and
protects the personal information you may provide on this web
site, please click on this link
to the Company's privacy policy. You may not use this web
site to collect or harvest personal information about other persons
or otherwise use the web site in a manner that is inconsistent
with their privacy or personal data protection rights.
11. Contents of the Web site - Disclaimer: THE MATERIALS IN
THIS WEB SITE (INCLUDING ANY GRAPHICS) AND ANY MATERIALS MADE
AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED "AS IS"
AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB
SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE. THE MATERIALS IN THIS WEB SITE COULD INCLUDE TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS. THESE MATERIALS COULD BECOME
INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE
DATES. THE COMPANY UNDERTAKES NO OBLIGATION TO MAINTAIN THE CURRENCY
OF SUCH INFORMATION.
CERTAIN LINKS IN THIS WEB SITE MAY LINK YOU TO OTHER SITES ON
THE WORLD WIDE WEB. THE LINKED SITES ARE NOT UNDER THE CONTROL
OF THE COMPANY AND THE COMPANY IS NOT RESPONSIBLE FOR THE CONTENTS
OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR
ANY CHANGES OR UPDATES TO SUCH SITES. THE COMPANY IS NOT RESPONSIBLE
FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM
ANY LINKED SITE. THE COMPANY IS PROVIDING THESE LINKS TO YOU ONLY
AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY
A REFERRAL BY THE COMPANY TO, OR AN ENDORSEMENT BY THE COMPANY
OF, THE LINKED SITE.
12. Operation of the Web site - Disclaimer: The Company
endeavors to maintain this web site and its operation, but is
not, and cannot be, responsible for the results of any defects
that may exist in the web site or its operation. AS TO THE OPERATION
OF THE WEB SITE, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTY THAT (i) THE
OPERATION OF THE WEB SITE WILL MEET THE USERS REQUIREMENTS;
(ii) ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE,
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FREE OF ERRORS;
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB
SITE WILL BE ACCURATE OR RELIABLE; OR (iv) DEFECTS WILL BE CORRECTED.
YOU (AND NOT THE COMPANY) ASSUME THE ENTIRE COST OF ALL SERVICING,
REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER
EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR OTHER
PROBLEMS YOU MAY HAVE AS A RESULT OF VISITING THIS WEB SITE.
13. Limitation of Liability: UNDER NO CIRCUMSTANCES SHALL
THE COMPANY BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY
DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES,
THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE
MATERIALS IN THIS SITE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE
OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH
THE USE OR PERFORMANCE OF INFORMATION AVAILABLE IN THE WEB SITE.
THE COMPANY SHALL NOT BE LIABLE EVEN IF THE COMPANY OR A COMPANY
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES
OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE
OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE
OR COMPUTER VIRUS OR OTHER HARMFUL COMPONENT.
14. Limitations as to Paragraphs 11, 12 and 13: APPLICABLE
LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT
APPLY TO YOU. HOWEVER, IN NO EVENT SHALL THE COMPANYS TOTAL
LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER
IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE),
OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING
THIS SITE.
15. Postings: The Company may from time to time monitor
or review discussions, chats, postings, and other transmissions
on this web site. However, the Company is under no obligation
to do so and assumes no responsibility or liability arising from
the content of any such transmissions or for any error, defamation,
libel, slander, omission, falsehood, obscenity, pornography, profanity,
danger, or inaccuracy contained in any information transmitted
to any such locations on this web site. You may not post or transmit
any unlawful, threatening, libelous, defamatory, obscene, scandalous,
inflammatory, pornographic, or profane material or any material
that could constitute or encourage conduct that would be considered
a criminal offense, give rise to civil liability, or otherwise
violate any law. The Company will fully cooperate with any law
enforcement authorities or court order requesting or directing
the Company to disclose the identity of anyone posting any such
information or materials.
16. Availability of Help: The Company welcomes suggestions
for the improvement of this web site. However, you understand
that the Company is under no obligation to provide any support
for the use of the web site.
17. Applicable Law: These Terms of Use shall be governed
by and construed in accordance with the laws of the State of New
York, without giving effect to any principles of conflicts of
law. You agree that any action at law or in equity arising out
of or relating to these Terms of Use shall be filed only in the
state or federal courts located in New York, New York and you
hereby consent and submit to the personal jurisdiction of such
courts for the purposes of litigating any such action.
18. Severability: If any provision of these Terms of Use
shall be found to be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from these terms
and conditions and shall not affect the validity and enforceability
of any remaining provisions.
19. No Legal Effect. The paragraph titles in these Terms
of Use are for convenience only and have no legal or contractual
effect.
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