Terms
of Use
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THIS SITE OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT ACCESS THIS SITE OR USE THE SERVICES.
You are currently accessing Castle & Cooke Mortgage, LLC’s (“CCM”) website (hereinafter “Site”). These General Terms of Use (“Terms of Use”) govern your access to and use of the Site, including any content, functionality, and services offered on, by or through the Site (“Services”). “You” and “Your” refer to any individual who accesses or uses the Site or Services. The Site is to be used only by individuals who are at least 18 years old and located within the United States of America. Access to this Site by persons younger than 18 or from locations other than the United States is prohibited.
CCM may modify these Terms of Use at any time without notice. Any change to these Terms of Use will be effective upon posting of such updated Terms of Use on the Site. CCM reserves the right to modify or terminate the Site and or Services or to terminate your access to the Site, in whole or in part, at any time.
Trademarks and Copyrights
All trademarks, service marks, trade names, trade dress and related intellectual property rights in the Site are proprietary to CCM our licensors and licensees. You may not use, reproduce, or display any of the CCM trademarks, service marks, tradenames, or other related items without the express permission of CCM.
The Site and its entire contents, features, and functionality (including but not limited to all web pages, user interfaces, information, design, software, source code, text, displays, graphics, images, videos, and audio recordings, and the design, selection, and arrangement thereof) are owned, controlled, or licensed by CCM and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Prohibited Uses
Except as set forth herein, you are not authorized to copy, display, distribute, transmit, transfer, link to, reproduce, license, frame, alter, create derivative works of, reverse engineer, or republish all or any portion of the Site for any personal, commercial, or public purpose.
Use of the Site
You may access, download and or print materials from this Site for your personal and non-commercial use only. All such approved downloads are subject to this Terms of Use. You acknowledge and agree that you do not acquire any ownership rights of any kind in and to the downloaded materials.
You may use the Services, including the Site, only for lawful purposes and shall not use them in any way that violates any applicable federal, state, or local, law, rule, or regulation. CCM may terminate your use of the Site or any Service in its sole discretion for any reason.
Certain areas or features of the Site may be restricted to users who have obtained a User ID and Password by completing a registration process. You agree to provide true, accurate and complete user information and to not impersonate or falsely represent your affiliation with any person or entity. You agree to refrain from accessing or attempting to access password protected, secure or non-public areas of this site except with the written permission of CCM.
It is your responsibility to protect and maintain the confidentiality of your identification, Password, User ID, or other identifying information you may obtain in connection with the use of the Site. You agree to notify CCM immediately if you believe your User ID, Password or other identifying information has been lost, stolen, or otherwise compromised. You agree that you are solely responsible for all damages or claims that may arise from any access to or use of this Site by any person to whom you have provided, or has obtained such User ID, Password, or other identifying information.
You agree that CCM may, in its sole discretion, terminate your Password, account, or use of the Site. All notices you give to us shall be in writing and shall be made either via e-mail or conventional mail. CCM may post notices or links to notices through the Site to inform you of changes to the applicable terms of use, the Site, or other matters of importance.
Links to Third Party Sites
The Site may contain links to websites controlled or offered by third parties. CCM hereby disclaims all liability for any other company's website content, products, privacy policies, or security. Unless specifically stated otherwise, CCM does not endorse, approve, sponsor or control, nor is in any way responsible for, any of the content, services, calculations, information, products, or materials available at or through any Websites to which the Site may provide a link. By using this Site, you acknowledge and agree that CCM will not be responsible or liable to you or any other person for any damages or claims that might result from your use of such content, services, calculation, information, products, or materials. In addition, any advice, opinions, services, products, or recommendations provided by the linked site providers are those of the providers and not of CCM. Your participation in any linked site, including payment for and the delivery of goods or services, is based solely on the agreement, if any, between you and the linked site provider.
Use of Personally Identifiable Information
CCM’s practices and policies with respect to the collection and use of personally identifiable information is set forth in our Privacy Policy which is incorporated by reference into these Terms of Use. You can access our Privacy Policy here.
Additional Terms
Permission to Be Contacted: By submitting information to CCM through the Site, you are making an inquiry as to lending programs and services offered by CCM and give CCM, its employees and outside vendors specific permission to contact you through email, fax, home/business telephone, cellphone, text (messaging and data rates may apply, message frequency may vary), or other such means, even if you are listed on any “Do Not Call” or “Do Not Contact” list.
Self-help Tools: All personal information submitted by you through our “Self-help” tools located on the Site are used to obtain terms and conditions of hypothetical mortgage loans, which are not offers to lend and should be used for informational and comparative purposes only. CCM is not responsible for the consequences of any decisions or actions that you take in reliance upon or as a result of, the information provided by these tools. CCM does not guaranty that you will qualify for any of our loan programs by using said Self-help tools.
Communication with CCM: This site is not to be used to communicate with CCM for any information which relates to or affects your loan, loan application, processing, closing, or servicing. All communications including email conducted on the Site must be specifically confirmed in writing by CCM to be accepted by and binding upon CCM.
Recording & Monitoring of Communications: All communications via the Site, including phone, email and text, may be recorded, or monitored by CCM, and by using the Site you are consenting to the recording or monitoring thereof.
Feedback
You agree that all suggestions, comments, and feedback that you submit at or via this Site in connection with any CCM products and services (“Feedback”) shall be deemed to be non-confidential, except as otherwise specifically agreed or required by law. CCM also shall be able to use any Feedback without restrictions. Feedback may include ideas for new or improved products or services, concepts, know-how, techniques, etc.
Disclaimer and Limitation of Liability
THE SERVICES, INCLUDING THE SITE (INCLUDING ALL CONTENT, FUNCTIONALITY, AND MATERIALS), ARE OFFERED BY CASTLE & COOKE MORTGAGE, LLC ON AN "AS IS," “AS AVAILABLE,” "WHERE 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 OR NONINFRINGEMENT. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.
YOU ACKNOWLEDGE THAT NEITHER CASTLE & COOKE MORTGAGE, LLC, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY PROVIDERS, OR LICENSORS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF ANY INFORMATION, SERVICE, OR PRODUCT PROVIDED THROUGH THE SERVICES. CASTLE & COOKE MORTGAGE, LLC DOES NOT ENDORSE PRODUCTS OR SERVICES APPEARING ON LINKED SITES OR PURCHASED VIA LINKED SITES.
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL CASTLE & COOKE MORTGAGE, LLC BE RESPONSIBLE FOR ANY LOSS OF ANY KIND, INCLUDING LOSS ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM OR MOBILE DEVICE, PROPERTY DAMAGE, AND BODILY INJURY, WHETHER CAUSED BY ACCESS TO OR USE OF THE SERVICES OR THE SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL CASTLE & COOKE MORTGAGE, LLC BE RESPONSIBLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, LOST PROFITS, ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION OR USE (OR INABILITY TO USE) OF THE SERVICES, THE SITE, ANY ONLINE SERVICES OR ANY INTERNET BROWSER SOFTWARE AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
Indemnification
You agree to defend, indemnify, and hold harmless CCM their respective directors, officers, employees, agents, vendors, successors, and assigns from and against all losses, liabilities, damages, claims and expenses, including attorneys' fees, arising out of, relating to, or resulting from your violation of these Terms of Use or misuse of the Service or the Site.
Enforceability and Governing Law
You agree that these Terms of Use shall be governed by the laws of the State of Utah 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 or the use of the Site and Services herein shall be filed only in the state or federal courts located in Salt Lake County, Utah, and you hereby consent and submit to the personal jurisdiction of said courts.
Severability
You agree that if any provision of these Terms of Use shall be found unlawful or void, or otherwise unenforceable, then the provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of the remaining provisions.
Contact Us
Castle & Cooke Mortgage, LLC welcomes your questions or comments regarding these Terms of Use. If you have any concerns related to these Terms of Use, please contact Castle & Cooke Mortgage, LLC at: feedback@castlecookemortgage.com
