TERMS OF USE:
H3 FIRST INVESTMENTS LLC (“H3”) owns and operates www.h3first.com (the “Site”). Any person who accesses or uses the Site will hereafter be referred to as “You” or “Your”.
Acceptance of Terms
You fully understand and agree that by accessing and/or using any part of the Site or accessing or using the services provided to You or available on the Site or other Web sites or Web pages as set forth below (“Services”), You agree to comply with the terms, conditions, and notices stated herein and as may be modified by H3 from time-to-time with or without notice to You (“Terms of Use”). You further agree that the Terms of Use constitute a binding contract between H3 and You. As such, You are responsible for reviewing all of the Terms of Use on a regular basis. You can review the most current version of the Terms of Use at: www.h3first.com/terms. If You do not wish to be bound by the Terms of Use, please do not access or use any part (or service) of the Site.
Additional terms, conditions, and notices may govern use of certain Web sites or Web pages affiliated with the Site. In the event that any term, condition, provision, policy or guideline contained on a particular Web site or Web page affiliated with the Site conflicts with the Terms of Use, the terms of such Web site or Web page shall control over the Terms of Use (when You access or use such Web site or Web page), except with respect to the General Terms set forth below, which shall at all times control.
General Use of the Site
Unless otherwise specified, H3 offers You access to the Site solely for Your personal use. You agree to only access or use the Site only for legal purposes that are permitted by the Terms of Use as stated herein. Moreover, You agree not to do the following, among other things: a) copy, distribute, modify, transmit, display, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other Web site, create a database or enter H3’S information into a database, sell or transfer any information, lists of users, databases or other lists, products or services provided by, through or obtained from the Site; b) disable, destroy, damage, overburden the Site or access the Site unlawfully or without consent, or impair the Site or interfere with any other person’s use and enjoyment of the Site; c) obtain or attempt to obtain any information, materials or data through any means not made readily accessible by the Site.
Except with the express written permission of H3, You agree that You will not access or attempt to access password protected, member-only access, secure or non-public areas of the Site.
You agree that H3 may in its sole discretion and at any time terminate Your access to and use of the Site, or any part thereof, with or without notice. You further agree that use of the Site and any of its Services shall be immediately terminated if You violate these Terms of Use as determined by H3. Additionally, H3 reserves the right, in its sole discretion, to modify or discontinue the Services or any portion thereof, with or without notice, and without liability to You.
Any of the Services provided through the Site may also be located on third party Web sites or applications, by way of a link, click-through advertising, or otherwise means. Nothing contained in any of these Services shall be construed as a promise or offer by the Site to sell a specific product (or products) for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. Moreover, H3 does not make any representation or warranty with respect to such third party Services, and is not responsible for their accuracy, sufficiency or timeliness. You are responsible for researching, verifying or confirming the sufficiency and reliability of any third party Services, and You expressly release H3 from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with Your use of such Services. Furthermore, You acknowledge that certain of the interactive Services may be mortgage, real estate or financial tools (“Tools”) that provide information based on data inputted by the user. These Tools may be provided for the purpose of performing calculations, and are not an offer (or solicitation) to lend. Any interest rates that are shown, displayed or provided on the Site are for demonstration purposes only. Actual market interest rates may vary.
You acknowledge that H3 is not a real estate broker, mortgage broker or mortgage lender, and H3 does not aid or assist borrowers in obtaining loans, solicit borrowers or lenders for, negotiate or make loans, secured by liens on real property.
Be advised that You may be subject to additional and/or different terms, conditions, and privacy policies when You use third party Web sites, Web pages, services, content, or software or sites.
Content on Site
The Site and all of its content including, but not limited to all information, text, data, images, photos, illustrations, designs, video clips, sounds, files, icons, trademarks, copyrighted material, trade dress, software, specifications, literature, technical information, estimates, advertisements and other content or materials on the Site (“Content”) is owned by H3 and/or third parties with all rights reserved unless otherwise specifically stated. H3 grants You a limited license to access and use the Site and Content solely for informational and personal purposes. You are strictly prohibited from downloading, modifying, or making any other use of the Site or Content, except with express written consent of H3. You understand and acknowledge that any third party Content transmitted through, linked from or posted on the Site, is the sole responsibility of the third party originator of said Content. Content is provided through the Site on an AS-IS basis, and You expressly agree that any use of and reliance on any Content shall be done at Your own risk, and that under no circumstances shall H3 be liable for any Content or for any loss or damage of any kind incurred by You as a result of the use of any Content made available by way of the Services or any information contained on the Site. H3 does not negotiate, attempt to negotiate, arrange, attempt to arrange, or otherwise offer to perform a mortgage loan modification or other form of mortgage loan forbearance for a fee or other compensation. H3 is not a licensed by any agency to perform real estate or broker services and does purport to provide such real estate services for which a license is required. Moreover, H3 does not sell, provide or perform credit repair service in return for the payment of money or other valuable consideration. Moreover, H3 does not provide legal advice for any of the users of this Site.
You acknowledge that H3 has the right (but not the obligation) in its sole discretion to refuse, modify, delete or move any Content that is available by way of the Site, for any reason, with or without notice.
Content You May Provide
To the extent that You submit, upload, post, comment or otherwise transmit (“Transmit” and/or “Transmitting”) Content on or through the Site, You agree to provide accurate, correct, complete and true information and You shall refrain from impersonating or falsely representing Your affiliation with any person or entity. You are entirely responsible for all Content that You provide or otherwise make available through the Site. Moreover, You promise that You will not use the Site to do the following: Transmit any Content that is not related to appropriate subject matters that: 1. is misleading to consumers or others; 2. is unlawful, threatening, threatening, abusive, harmful, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, violates intellectual property laws, hateful, racially, ethnically or otherwise objectionable; 3. You do not have a right to post and transmit under any law or under contractual relationships; 4. such transmission, posting, or uploading constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party; 5. include materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or 6. violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act or any other Act or applicable law such as the DMCA, NET, ACTA and the like.
By Transmitting Content to the Site, You grant, and You represent and warrant that You have the right to grant, to H3 an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Site, You grant H3 all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Site by any party for any purpose.
H3 is committed to maintaining the privacy and security of any and all such information that You provide to H3 through the Site in accordance with its Privacy Policy. Please click here to review the H3 Privacy Policy.
Applicable Law
This Terms of Use is governed by the laws of the State of California (U.S.A) without regard to conflicts of laws. You hereby consent to the exclusive jurisdiction and venue of the California Court, County of Los Angeles and/or Central District of California, with respect to all disputes arising out of or relating to accessing or using the Site. Use or access of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including this choice of law and venue clause.
You agree that no partnership, joint venture, employment, or agency relationship exists between You and H3 as a result of the Terms of Use or by You accessing or using the Site. H3’S performance under the Terms of Use is subject to existing laws and legal process, and nothing contained in the Terms of Use is in derogation of H3’S right to comply with governmental, court and law enforcement requests or requirements relating to Your access or use of the Site or information provided to or gathered by H3 with respect to such use.
Interpretation of the Terms of Use
If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that follows the intent of the original provision and the remainder of the Terms of Use shall continue in full force and effect. Unless otherwise specified herein (or in any other written agreements between You and H3), the Terms of Use constitutes the entire agreement between You and H3 with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and H3 with respect to the Site. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE INFORMATION AND/OR CONTENT AND/OR SERVICES ON THE SITE IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. H3 MAKES NO EXPRESS OR IMPLIEDWARRANTIES, OR GUARANTEES WITH REGARD TO THE ACCURACY,SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF TO THE LISTINGS, SERVICE, SALES COMP INFORMATION, PROPERTY FACTS INFORMATION, OR MARKET TREND REPORTS OR ANALYSIS, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND H3 SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Indemnification
YOU AGREE TO INDEMNIFY AND HOLD H3, ITS THIRD-PARTY VENDORS, CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY CONTENT, SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO THE SITE AND/OR H3 AND/OR ITS THIRD PARTY ADVERTISERS AND ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF THESE TERMS OF USE.
Limitation of Liability
IN NO EVENT SHALL H3 BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE, SERVICES OR PERFORMANCE OF H3, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE MOVE NETWORK OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH H3, OR OTHERWISE ARISING OUT OF THE USE OF THE H3 NETWORK, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF H3 HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE H3 NETWORK, AND ALL OTHER USE OF THE H3 NETWORK, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.