1st 2nd Mortgage Co. of N.J., Inc. (“we”, “us”, or “our”) offers the website (“Site”) and any information, text, images, or other materials appearing on or included within the Site (“Content”). When we use the term “Site”, unless we indicate otherwise, it includes all Content on the Site and when we refer to your “use” of our Site, it means any time you access, browse, or view Content or use any features or functions of our Site.
You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You may cancel your account with us at any time by notifying us in accordance with the instructions provided on the Site. We reserve the right to immediately suspend, cancel and/or terminate your account and right to use our Site, in our sole discretion and without prior notice to you, for any reason or if, for example, you violate any term or condition of this Agreement.
Disclaimer of Warranties; Limitation of Liability
OUR SITE AND CONTENT ARE MADE AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND OR ANY ASSURANCE IT WILL BE AVAILABLE OR PERFORMED IN ANY PARTICULAR MANNER. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE OR CONTENT WILL BE OR OPERATE ERROR-FREE, UNINTERRUPTED, BE ACCURATE, RELIABLE, UP TO DATE, SATISFACTORY, MEET YOUR NEEDS OR REQUIREMENTS, OR THAT ERRORS OR DEFECTS WILL BE DETECTED OR CORRECTED.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY CLAIM, LOSS, OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OR BASIS OF ANY ACTION OR CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES TO CONSUMERS, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE AND DISCONTINUE YOUR USE OF OUR SITE. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
You agree to indemnify, defend and hold us, our affiliates, officers, agents, representatives, employees, partners, and licensors harmless from and against any and all claims, demands, liabilities, costs and expenses (including all costs, expenses and legal fees) arising out of or resulting from your access to or use of our Site and/or any breach of this Agreement or violation of any law or regulation applicable to you. We reserve the right to assume all or any part of the defense and control of any such claims and negotiations for settlement and you agree to fully cooperate with us in doing so.
Links to Other Sites
Our Agreement with you is governed by the substantive laws of the State of New Jersey without regard to the application of any conflicts of laws principles. You agree that any claims or disputes in connection with this Agreement or your use of the Site, will be brought in the courts located in [insert] and the parties irrevocably consent to the exclusive personal jurisdiction of such courts. You agree that you will only sue us as an individual. You agree that you will not file or participate in a class action. Except for equitable relief, you agree that any dispute between us can only be brought and resolved in binding individual non-class arbitration to be administered by the American Arbitration Association (“AAA”). If, for any reason, AAA is not available, you or we may file our case with any national arbitration company. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT YOU MAY
HAVE TO A JURY TRIAL.