Terms and Conditions
Legal Notice: Terms and Conditions
Your Use of this Website
Subject to your compliance with these Terms and Conditions of Use, we grant you a personal, non-exclusive, non-transferable, limited right to access this Site and the information hereon (“Materials”). You agree not to interrupt or attempt to interrupt the operation of this Site in any way or circumvent or attempt to circumvent any security feature of this Site. We authorize you to view, download, copy, and print the Materials only for your informational use. This authorization is not a transfer of title or intellectual property rights in or to the Materials, and/or copies of the Materials, and is subject to the following restrictions:
o On all copies of any Materials downloaded by you, you must retain all copyright, trademark and other proprietary notices contained in the Materials, or if no such legends or notices appear on such Materials, then the following copyright notice must appear on all such copies: “Copyright © DOWN PAYMENT ASSISTANCE DIVISION”
o You may not modify the Materials in any way or reproduce or publicly display, perform or distribute the Materials.
o You may not mirror, embed, or archive any part of this Site on any server or computer without our written permission.
You agree to abide by all additional restrictions displayed on this Site as it may be updated from time to time. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as explained in these Terms and Conditions of Use, we do not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.
Down Payment Connect displays all known programs that meet user’s search criteria. It is your responsibility to know which programs you are approved to offer and inform consumers truthfully. Abusers will be subject to immediate termination of service and forfeiture of payments made through date of termination.
You acknowledge that you are responsible for Submissions, and you, not we, have full responsibility for the Submissions, including legality, reliability, appropriateness, originality, and copyright. You further recognize that we do not want you to, and by making a Submission you warrant that you shall not, provide any information or material to us that is defamatory, threatening, obscene, harassing, or unlawful, or that constitutes a trade secret or incorporates the proprietary material of another party.
We may, but shall not be obligated to, in our sole discretion, post any Submission on this Site and identify you as the submitting party. We may, without notice to you, refuse or edit Submissions for any reason or no reason, including those Submissions that we determine in our sole discretion are inappropriate, unlawful, fraudulent, threatening, libelous, defamatory, obscene, encourage or constitute dangerous, violent, immoral, offensive, illegal, pornographic, or similarly inappropriate behavior, or that represent us in a negative way or in any manner not consistent with our brand and/or reputation, as may be determined in our sole and absolute discretion, or infringe or violate any party’s intellectual property or other proprietary rights or these Terms and Conditions of Use.
Submissions should not be dangerous or unsafe for you or a third party to make or produce. Submissions also should not contain, include, or encourage images or activities that are dangerous, unsafe, or present unreasonable risk of harm to person or property, and Submissions should not suggest or imply to any person to undertake any illegal, dangerous, unsafe, or unduly risky activity, as may be determined in our sole and absolute discretion. Submissions should not contain any intellectual property belonging to any other party, including without limitation, trademark, copyright protected material, logo, trademark, service mark, storefront, trade dress, mascot, photograph, or other image of any person, business or company, other than us. Such inappropriate Submissions are strictly prohibited, and any Submissions in violation of the above requirements and restrictions will not be posted or shall be subject to removal without notice.
Any use or attempted use of this Site (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that could interfere with any other party’s use and enjoyment of the Site, (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data or information not intended by us to be made accessible, (vi) to attempt to obtain any materials or information through any means not intentionally made available by us, or (vii) for any use other than the business purpose for which it was intended, is strictly prohibited. Examples of illegal or unauthorized uses of this Site include, but are not limited to: (i) modifying, adapting, translating, or reverse engineering any portion of this Site or Materials; (ii) using any robot, spider, site search/retrieval application, or other device to retrieve, scrape or index any portion of this Site or any other Submissions; (iii) reformatting or framing any portion of the pages or application images that are part of this Site; (iv) creating or transmitting unwanted electronic communications such as “spam” or chain letters to other users or otherwise interfering with other users’ enjoyment of this Site; (v) Submissions purportedly made on behalf of any third party without such third party’s prior written consent including, without limitation, registering, subscribing, attempting to register, attempting to subscribe, unsubscribe, or attempting to unsubscribe, any party for any services if you are not expressly authorized by such party to do so; (vi) submitting Submissions that falsely express or imply that such Submissions are sponsored or endorsed by us; (vii) submitting Submissions that disparage this Site or us; (viii) submitting Submissions that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party; (ix) transmitting any viruses, worms, defects, Trojan horses, time bombs, cancel-bots, corrupted files or other items of a destructive nature; (x) submitting Submissions that are unlawful or promote or encourage illegal activity; (xi) displaying an advertisement as part of any Submission; (xii) any automated use of the information handling system, including the use of scripts to send messages through this Site; or (xiii) submitting false or misleading information.
While we prohibit such conduct and content on or through this Site, you understand and agree that you still may be exposed to such materials and that you use this Site at your own risk.
Code of Conduct
You agree to use this Site only for lawful purposes. You are prohibited from posting or transmitting through this Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that gives or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.
We reserve the right to prohibit conduct, communications or content that we, in our sole discretion, deem to be harmful to individual users, us, our brand or any third party, or that violates applicable law. If we are notified of any defamatory, damaging, illegal or offensive content provided by you, we may investigate the allegation and determine in our sole discretion whether to remove such content from this Site. We may disclose any content or electronic communication of any kind (i) to satisfy any law, regulation or governmental request; (ii) if such disclosure is necessary or appropriate to operate this Site; or (iii) to protect the rights or properties of Down Payment Assistance Division, our subsidiaries and affiliates, our users and our Providers (as defined below).
Third Party Sites
As a convenience to you, we may provide, on this Site, links to websites operated by other persons and entities. If you use these other websites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. You should refer to the policies posted by other websites before you use them. We make no warranty or representation regarding, and do not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. If you choose to purchase any product or service from a third party, your relationship is with that third party. You agree that we are not responsible for the quality of third party products or services, or fulfilling any of the terms of your agreement with the seller, including, but not limited to, the delivery of products and services and warranty obligations related to products and services. You agree that we are not responsible for any loss or damage you may incur by reason of any dealing that you may have with a third party. Links do not imply that we or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Down Payment Assistance Division or any of our affiliates or subsidiaries.
Not an Application for Credit
Down Payment Assistance Division is not a source of funding, or a lender or a broker. This is not an advertisement for credit as defined by paragraph 226.24 of Regulation Z. The information provided by you to Down Payment Assistance Division is not an application for a grant or mortgage loan, nor is it used to pre-qualify you with any lender or broker or source of funding.
Information Sharing with Third-Party Services
No Responsibility for Third Parties
Down Payment Assistance Division is not an agent or representative of any assistance program, funding source, lender or broker, referenced in this Site. Down Payment Assistance Division does not endorse, warrant or guarantee service or products of any assistance program, funding source, lender or broker and does not guarantee and makes no representations of any kind regarding the services of any funding source, lender or broker.
Privacy and Security
Trademark Information and Ownership of Intellectual Property
DOWN PAYMENT ASSISTANCE DIVISION and DPAD.org® are registered trademarks of Down Payment Assistance Division. The trademarks, logos, service marks, and all other source identifying indicia displayed on this Site, and this Site and all of its contents including, but not limited to, all Materials, text, images, graphics, pictures, audio, software, video clips, pages, screens and content arrangement (collectively, the “Intellectual Property”), are owned by Down Payment Assistance Division or others with all rights reserved unless otherwise noted.
Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Intellectual Property on this Site except for non-profit and non-commercial purposes. Your use of any Intellectual Property, or any other content on this Site, except as provided in these Terms and Conditions of Use, is strictly prohibited.
When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms and Conditions of Use.
No Warranties; Limitations of Liability
You expressly agree that your use of this Site is at your sole risk. Neither we nor our affiliates, or subsidiaries, nor any of our or their officers, directors, employees, agents, third party content providers, sponsors, vendors, licensors, licensees or the like (collectively, “Providers”) warrant that this Site will be continuous, uninterrupted or error-free; nor do we make any warranty as to the results that may be obtained from the use of this Site, or as to the accuracy, reliability or currency of any content, information, product or service provided through this Site.
THE MATERIALS IN THIS SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK.
THIS SITE AND THE INFORMATION AND MATERIALS ON THIS SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.
IN NO EVENT SHALL WE OR ANY PROVIDER BE LIABLE TO ANY PERSON FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE. YOU HEREBY AGREE THAT THIS PARAGRAPH SHALL APPLY TO ALL INFORMATION, SERVICES AND PRODUCTS AVAILABLE THROUGH THIS SITE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW OR, IF NOT PERMITTED AT ALL, TO THE AMOUNT YOU PAID TO ACCESS THIS SITE.
International Users and Choice of Law
Effective Date and Changes
These Terms and Conditions of Use are effective as of their posting on the Site. From time to time, it may be necessary to update or modify these Terms and Conditions of Use. Accordingly, we reserve the right, in our sole discretion, at any time and without notice, to add to, change, update, modify or remove any portion of these Terms and Conditions of Use, and any such addition, change, update, modification or removal will be effective immediately upon its posting on this Site.
We may terminate, change, revise, modify, suspend or discontinue any aspect of this Site, including the availability of any features of this Site, at any time, so it is your responsibility to review these Terms and Conditions from time to time. You agree that your continued use of the Site constitutes an agreement to these Terms and Conditions. We may also impose limits on certain features and services or restrict your access to parts or the entire Site without advance notice and without liability. We may, at any time and without advance notice, terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials. You may terminate this agreement by destroying: (a) all Materials obtained from this Site and any related Down Payment Assistance Division or other sites, and (b) all related documentation and all copies and installations, provided that any accrued rights, obligations, representations or warranties shall not terminate.
No Agency Relationship
Neither these Terms and Conditions of Use, nor any content, materials, features, or services of this Site create any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.
You agree that any violation, or threatened violation, by you of these Terms and Conditions of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
YOU AND WE AGREE TO RESOLVE DISPUTES ONLY BY FINAL AND BINDING ARBITRATION as follows:
A. ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THIS AGREEMENT OR FROM ANY OTHER AGREEMENT BETWEEN US, OR SERVICES OR BENEFITS YOU RECEIVE OR CLAIM TO BE OWED FROM US, WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION BY ONE OR MORE ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), OR ANOTHER ARBITRATION ADMINISTRATOR THAT WE MUTUALLY AGREE UPON. Arbitration will apply not only to claims against us, but also claims against the officers, directors, managers, employees, agents, affiliates, insurers, contractors, successors or assigns of us, as well as the administrator, service agreement administrator, issuer or Provider. Arbitration and this paragraph shall apply to claims that arose at any time, including claims arising before this paragraph became binding on the parties. The federal arbitration act (9 U.S.C. §1 et seq.) and not any state law applies to this arbitration agreement.
B. For claims of $10,000 or less, the party bringing the claim can choose the AAA’s rules for binding arbitration or, alternatively, can bring an individual action in small claims court.
C. YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. This means that you may not be a representative or member of any class of claimants with respect to any claim. Notwithstanding any other provision of this agreement, the arbitrator shall not have the power to determine that class arbitration is permissible. The arbitrator also shall not have the power to preside over class or collective arbitration, or to award any form of class-wide or collective remedy. Instead, the arbitrator shall have power to award money or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. No class or representative or private attorney general theories of liability or prayers for relief may be maintained in any arbitration held under this agreement.
D. If for some reason the prohibition on class arbitrations set forth in Subsection C cannot be enforced, then the agreement to arbitrate will not apply.
E. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU
AND WE AGREE THAT THERE WILL NOT BE A JURY TRIAL.
Entire Agreement, Claims Limitations and Severability
If you have any questions about these Terms and Conditions of Use, please contact us at 888-314-8498.
Please print and retain a copy of this agreement for your records.
Last Updated: February 25th 2018