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In no event whatsoever shall Mortgages Analyzed, its licensors, or any third parties mentioned on the Site be liable for any damages (including, without limitation, direct, special, indirect, incidental, consequential or punitive damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use (or inability to use) the Site, the Content, the information on or available through this Site, or arising out of any action taken in response to or as a result of any information available on the Site. This limitation applies whether the alleged liability is based on warranty, contract, tort or any other legal theory, and whether or not Mortgages Analyzed is advised of the possibility of such damages. You hereby waive any and all claims against Mortgages Analyzed and its affiliates, agents, representatives and licensors arising out of your use of the Site and the information available on it. You acknowledge that without these limitations, Mortgages Analyzed could not provide access to the Site. Some jurisdictions do not permit the exclusion or limitation of liability for incidental or consequential damages. Consequently, the above exclusion or limitation may not apply to you. In such jurisdictions, Mortgages Analyzed’ liability shall be limited to the maximum extent permitted by law.
This Agreement shall be governed by and construed in accordance with the laws of the State of California and the laws of United Stated of America applicable therein. You expressly agree that any action arising out of or relating to this Agreement shall be filed only in a court located in California and you irrevocably and absolutely consent and submit to the jurisdiction of such courts for the purposes of litigating any such action.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral, between Mortgages Analyzed and/or its representatives and you. If any provision of these Terms and Conditions is found to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
These Terms and Conditions apply while you are accessing the Site and while you are in possession, in any form whatsoever, of any Content or any portion thereof. Notwithstanding the foregoing, the provisions set out in this Agreement relating to Proprietary Rights, Use of Site, Intellectual Property Policy, Disclaimer of Warranties, Limitation of Liability and Indemnity shall survive the termination of this Agreement and shall survive thereafter in perpetuity.
Updated: Jul 05, 2010