By accessing, visiting, browsing or interacting with any part of this Site, you agree that you are at least 13 years of age and that you have read, understand and agree to be bound by all of the terms of this Agreement.
You understand and agree that effective use of this Site may require your browser to use software plug-ins and modules in order to correctly display content and utilize features on the Site. YOU ACKNOWLEDGE THAT NEITHER KBHS Home Loans NOR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS WARRANTS THAT USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE. FURTHERMORE, NONE OF THE AFOREMENTIONED PARTIES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE EXPERIENCED FROM USE OF THE SERVICES OR THIS SITE, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF ANY OF THE INFORMATION , SERVICES, OR MERCHANDISE PROVIDED THROUGH THE SERVICES AND THE SITE OR ANY SITE CONNECTED TO THIS SITE VIA HYPERLINK OR OTHERWISE. THIS DOES NOT AFFECT ANY MANUFACTURER’S WARRANTIES THAT THE PROVIDERS OF THE LINKED SITES OTHERWISE MAY OFFER.
EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR WHERE THE LAW REQUIRES AN ALTERNATIVE STANDARD, YOU AGREE THAT KBHS Home Loans IS NOT RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE, ACCIDENT OR INJURY CAUSED EITHER BY ACCESS TO OR USE OF THE SERVICES OR THE SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, KBHS Home Loans WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, ECONOMIC, OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION OR USE OF THE SERVICES, THE SITE, BROWSER SOFTWARE, AND THE LIKE. THIS INCLUDES ANY LIABILITY ASSOCIATED WITH ANY COMPUTER VIRUSES, “WORMS” AND THE LIKE WHICH MAY INFECT YOUR COMPUTER SYSTEM.
“Services” under this Agreement include financial and business services offered directly by KBHS Home Loans, and additional services available to you through independent - third party service providers accessed through navigation of this Site. THE SERVICES ARE OFFERED ON AN “AS IS” AND “WHERE AVAILABLE” BASIS, WITH NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
Access, Registration and Submissions of Information
In order to access this Site or some of the resources offered herein, you may be invited to register personal or business information. This will allow KBHS Home Loans to tailor its Services to your personal needs and alert you to other products and Services that may be helpful to you and/or your business.
Your continued use of this Site is conditioned upon the correct, current, and complete provision of any such information. If KBHS Home Loans believes that the information you provide is not correct, current, or complete, KBHS Home Loans retains the right to refuse you access to this Site or to any of its resources, and to terminate or suspend your access at any time and without prior notice.
KBHS Home Loans reserves the right to modify or terminate the Services and this Site or to modify or terminate your access to the Services and Site, in whole or in party, at any time and without prior notice.
Restrictions on Use
You may use this Site for purposes expressly permitted in this Agreement. As a condition of this Agreement, you warrant to KBHS Home Loans that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices or state or federal law.
You may not participate in or authorize any party to participate in activities including but not limited to co-branding, framing, or hyperlinking to this Site without the express prior written permission of an authorized representative of KBHS Home Loans. “Co-branding,” for the purposes of this Agreement, means the display of a name, logo, trademark, or other means of attribution or identification of one party in such a manner as is reasonably likely to give a viewer the impression that such other party has the right to display, publish, or distribute content from or accessible within this Site. You may not use the Site or Services in any way which could disable, overburden, damage, or impair the Site, or interfere with any other party’s use and enjoyment of the Site.
This Site is for your personal and non-commercial use, except where otherwise specified. You may not use this Site for any purpose other than those specifically allowed in this Agreement. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to this Site. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Site.
Trademarks, Copyrights, and Other Proprietary Information
All of the pages, screens, material, and content accessible from this Site (the “Content”) is the proprietary information of KBHS Home Loans or the party that provided or licensed the Content to KBHS Home Loans, whereby KBHS Home Loans or the providing party retains all rights, title, and interest in the Content. The Content is protected by United States copyright laws and international treaties. The Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of KBHS Home Loans.
The above provisions do not affect your right to print a copy of the Content solely for personal use. In doing so, however, you may not remove, alter, or cause to be removed or altered, any trademark, trade name, service mark, or other proprietary notice or legend appearing on the Content. Modification or use of the Content except as expressly provided in this Agreement is a violation of KBHS Home Loans’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by granting you access to this Site.
Trademarks, service marks, logos, and copyrighted works appearing on the Site are property of KBHS Home Loans or the party that provided the trademarks, service marks, logos, or copyrighted works to KBHS Home Loans. KBHS Home Loans and such parties retain all rights associated with any of the respective trademarks, service marks, logos, and copyrighted works appearing on the Site.
If you believe in good faith that materials available on this or any other KBHS Home Loans Site infringe your copyright, you may send KBHS Home Loans a notice requesting removal of such material. If you believe in good faith that KBHS Home Loans or one of its third-party affiliates has wrongfully filed a notice of copyright infringement against you related to this Site, the Digital Millennium Copyright Act provides that you may send to KBHS Home Loans a counter-notice. Details on notices and counter-notices are available on the United States' Copyright Office website at www.copyright.gov.
The Site may be hyper-linked to other sites which are not maintained by or related to KBHS Home Loans. Such hyperlinks are provided as a Service to users and are not sponsored by or affiliated with KBHS Home Loans. KBHS Home Loans has not reviewed any or all of such sites and is not responsible for the content of those sites.
Use of Communication Services
The Site may contain or provide access to forums, bulletin or chat services, message boards, and/or other message or communication facilities (collectively, “Communication Services”). KBHS Home Loans makes no warranty that these Communication Services will be available at any particular time or will be free of fault or error. These Communication Services are provided as a convenience to facilitate your understanding and use of KBHS Home Loans’ products and services. You will not use these Communication Services to send any abusive, defamatory, dishonest, or obscene message, to transmit any proprietary material belonging to another party, that violates any law or may be considered to violate any law, or that advertises or engages in commercial activity. Violation of this section may result in terminating your use of the Communication Services.
KBHS Home Loans reserves the right to monitor use of this site to determine compliance with this Agreement, as well as the right to remove or refuse any information for any reason. KBHS Home Loans reserves the right to terminate your access to any and/or all Communication Services at any time, for any reason, and without advance notice. KBHS Home Loans also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process of governmental request, or to edit or remove any information transmitted through the Communication Services, in whole or in part, in its sole discretion. Materials submitted through a Communication Service may be subject to limitations on use, reproduction, and dissemination and you are responsible for abiding by such limitations.
Notwithstanding the above provisions, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither KBHS Home Loans nor any third party affiliate of KBHS Home Loans will assume any liability related to any action or inaction by KBHS Home Loans or such third party with respect to your submissions and use of the Communication Services. KBHS Home Loans specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized KBHS Home Loans spokespersons, and their views do not necessarily reflect those of KBHS Home Loans.
Limitations on Liability
KBHS Home Loans, its subsidiaries, affiliates, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages. Even if KBHS Home Loans has been advised of the possibility of such damages, in no event will the collective liability of KBHS Home Loans and its subsidiaries, affiliates, employees, agents, officers, and directors to any party exceed the greater of $100 or the amount you have paid to KBHS Home Loans for the applicable content or service out of which liability arose.
You will indemnify and hold KBHS Home Loans, it subsidiaries, affiliates, employees, agents, officers, directors and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you, including any use of Content other than expressly authorized by this Agreement. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. The Indemnified Parties shall also be held harmless from and against any claims brought by third parties arising out of your use of this Site.
This Agreement will be governed and interpreted pursuant to the laws of the state of California. You specifically consent to personal jurisdiction in California in connection with any dispute between you and KBHS Home Loans arising out of this Agreement or pertaining to the subject matter hereof. If any part of this Agreement is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.