YOUR USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN OR OTHERWISE POSTED ON THE WEBSITE.
KMHI reserves the right at any time and from time to time, to modify or discontinue, temporarily or permanently, the Website and any and all features and sections contained therein, and may, in its sole discretion, provide notice to Users provided via posting to the Website or email, and immediately without notice in the event of technical difficulties. KMHI shall not be liable to any User or to any third party for any such modification, suspension, or discontinuance.
The contents of the Website, such as text, graphics, images, audio, video, and other material, as well as the underlying html source code of the Website (“Material”) are protected by copyright and/or trademark under both United States and foreign laws, and are owned or controlled by KMHI or by third parties that have licensed their Material to KMHI. Unauthorized use of the Material may violate copyright, trademark, and other laws. User shall retain all copyright and other proprietary notices contained in the original Material on any copy User makes of the Material. User shall not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Material, in whole or in part or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. User shall download KMHI’s copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of the Material shall be permitted without the express permission of KMHI and the copyright owner. In the event of any permitted copying, redistribution, or publication of the Material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. User acknowledges that User does not acquire any ownership rights by downloading the Material. The trademarks, logos, and service marks (the “Marks”) displayed on the Website are owned by KMHI or third parties. User is prohibited from using those Marks without the express, written permission of KMHI or such third party. If User would like information about obtaining KMHI’s permission to use the Material, use the comment form in the Website to contact us. KMHI and all related logos, whether or not registered, are trademarks belonging to KMHI, its parents, subsidiaries, or affiliates. All rights are reserved. All other trademarks appearing on the Website are the property of their respective owners. KMHI encourages Users to notify us of any suspected copyright, trademark or other intellectual property violations taking place on or through the Website.
KMHI may provide links to third-party websites. These links are provided solely as a convenience to User and not as an endorsement of the contents on such third-party websites. KMHI is not responsible for the content of linked third-party websites. KMHI exercises no control wkatsoever over such other websites and web-based resources, does not make any representations regarding the content or accuracy of materials on such third-party websites and is not responsible or liable for the availability thereof or the content, advertising, products, or other materials contained thereon. KMHI shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Users acknowledge they shall read all terms and conditions and policies of these third-party and use these third-party websites at their sole risk.
User represents, warrants, and covenants that (a) they shall use the Website for lawful purposes only (b) no materials of any kind submitted through their account which (i) violate or infringe in any way upon the rights of others, (ii) are unlawful, threatening, abusive, defamatory, vulgar, obscene, or profane in the sole discretion of KMHI, (iii) encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or (iv) contains any advertising or solicitation with respect to products or services (without the express prior written approval of KMHI). The Material may contain inaccuracies or typographical errors. KMHI makes no representations, warranties, or endorsements with regard to the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Website and the Material. Advice received via this Website should not be relied upon for personal, legal, medical, or financial decisions and User should consult an appropriate professional for specific advice tailored to their situation.
USER EXPRESSLY AGREES THAT USE OF THE WEBSITE IS AT USER’S SOLE RISK. NEITHER KMHI, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE WEBSITE WILL RUN UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR ANY FORM OF MALICIOUS CODE, COMMUNICATION LINE FAILURE, THEFT, OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT NEITHER MANUFACTUREDHOMES.COM, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS IS LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
User agrees to and shall defend, indemnify, and hold harmless KMHI, its parents, subsidiaries, and affiliates, and their respective officers, directors, employees, and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from any use of the Website and any Material contained therein by User or through User’s account, or by User’s breach of the terms of this Agreement. KMHI shall provide notice to User promptly of any such claim, suit, or proceeding and shall assist User, at User’s expense, in defending any such claim, suit, or proceeding. KMHI reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by User.
All legal issues arising from or related to the use of the Website shall be construed in accordance with and determined by the laws of the Commonwealth of Kentucky applicable to contracts entered into and performed within the Commonwealth of Kentucky, without respect to its conflict of laws principles. For any dispute under this Agreement or arising from or related to the use of the Website, User and KMHI agree to attempt to resolve the dispute informally. If KMHI and User cannot resolve the dispute informally, the parties agree to resolve such claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief) by binding arbitration through the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules then in effect for the AAA. Each party will be responsible for paying any AAA filing, administrative, and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator may include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. By using the Website, User agrees that the exclusive forum for any claim or cause of action under this Agreement or arising from or related to the use of the Website shall be either arbitration or state court for or within Franklin County in the Commonwealth of Kentucky or, in the event the matter is within the jurisdiction of the federal courts, the United States District Court for the Eastern District of Kentucky. User hereby irrevocably waives, to the fullest extent permitted by law, any objection which User may now or hereafter have to the laying of the venue of any such proceeding brought in such arbitration or court and any claim that any such proceeding brought in such arbitration or court has been brought in an inconvenient forum. If any provision of this Agreement is found to be invallid by any arbitrator or court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. This Agreement constitutes the entire Agreement between User and KMHI with respect to the use of the Website. KMHI may, at its sole discretion, modify or revise these General Terms at any time by updating this posting. The section headings used herein are for convenience only and shall not be given any legal import.
This page states KMHI’s Specific Terms and Conditions (the “Specific Terms”) under which any User may use KMHI’s Website. Please read this page carefully. By accessing and using the Website, User accepts and agrees to be bound, without modification, limitation, or qualification, by both the General Terms for use of the Website, and these additional Specific Terms. If User does not accept any of the Specific Terms stated here, he/she shall not use the Website. The right to access and use the Website is not transferable to any person or entity. KMHI may, at its sole discretion, modify or revise these Specific Terms at any time by updating this posting. Users shall be bound by any such modification or revision and should therefore visit the Terms & Conditions page periodically to review the Specific Terms. Each User is responsible for all use of his/her information and is responsible for maintaining the confidentiality of his/her password. These Specific Terms incorporate the General Terms of the Website by reference. Each User hereby understands that he/she is bound by all General and Specific Terms which may be implemented by ManufacturedHomes.com from time to time. YOUR USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN OR OTHERWISE POSTED ON THE WEBSITE.
All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person from which such User Content originated. This means that the User, and not ManufacturedHomes.com, is entirely responsible for all User Content that he or she uploads, posts, emails, or otherwise transmits via the Website. No User shall transmit User Content or otherwise conduct or participate in any activities on the Website which, in the opinion of KMHI, are prohibited by law in applicable jurisdictions, including, without limitation, material or activities which (1) infringe any patent, trademark, copyright, trade secret or other proprietary right of any party (the “Rights”), unless User is the owner of the Rights or has the express written permission of the owner to post or transmit such material to the Web Site; (2) infringe on any other intellectual property rights of others or on the privacy or publicity rights of others; (3) is obscene, defamatory, threatening, harassing, abusive, hateful, embarrassing, or otherwise objectionable to another User or any other person or entity; (4) is sexually-explicit; (5) is an advertisement or solicitation of business or advocates an unsolicited or unrelated position or opinion; (6) represents any form of “chain letters” or pyramid scheme; (7) impersonates another person or entity; (8) intentionally or unintentionally violates any applicable local, state, national, or international law while using or accessing the Web Site or the Material; or (9) contains a virus, trojan, back door, logic bomb, or any other form of malicious code.
User hereby waives all copyright, moral rights, and any other right to any User Content which he/she submits, and grants to KMHI a royalty-free perpetual irrevocable non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, perform, display, and distribute such User Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereinafter developed for the full term of any copyright in such User Content, and to sublicense such rights through multiple tiers of sublicensees. User also hereby grants all other Users the right to copy, download, and store his/her User Content for User’s personal use. KMHI does not always control User Content. KMHI has the right but not the obligation to monitor submissions by Users, and reserves the right to modify, move, or remove any User Content at any time and for any reason in its sole discretion, as well as the right to terminate User access to the Web Site for any reason in its sole discretion including, without limitation, foul language, attempted commercial use of the Web Site, threats, discriminatory, racist, or abusive language, or any behavior which is deemed objectionable by KMHI. Users are responsible for their own communications and are solely responsible for the consequences of posting any User Content. KMHI does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. If notified by a User about communications that allegedly do not conform to any term of this Agreement,KMHI may investigate the allegation and determine in good faith, at its sole discretion, whether to remove or request the removal of the communication. KMHI has no liability or responsibility to Users for performance or non-performance of such activities. KMHI reserves the right, in its sole discretion, to restrict Users access to the Website for violating this Agreement or the law. KMHI also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request or to edit, refuse to post, or to remove any information or materials, in whole or in part, in ’s sole discretion
KMHI DOES NOT ENDORSE, SUPPORT, REPRESENT, OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY USER CONTENT OR ENDORSE ANY OPINIONS EXPRESSED BY USERS. EACH USER ACKNOWLEDGES THAT ANY RELIANCE ON USER CONTENT POSTED BY OTHER USERS WILL BE AT HIS/HER SOLE RISK.
KMHI reserves the right to send User’s electronic mail for the purpose of informing Users of changes or additions to the Website, this Agreement, and any other service provided by KMHI.
The content displayed and created by KMHI for their particular website (collectively, the “Services”) provided through the Website may also be located on third-party websites or applications, via a link, click-through advertising, or otherwise. Nothing contained in any of these Services is an offer or promise by KMHI to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. In addition, KMHI does not make any representation or warranty with respect to such third party Services, and is not responsible for their accuracy, sufficiency, veracity, completeness, or timeliness. You are responsible for confirming the sufficiency and reliability of any third-party Services, and you hereby release ManufacturedHomes.com from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of such Services.
Section 4. Lender-Related Third Party Links
This disclosure statement pertains to the conduct of KMHI in connection with the mortgage loan industry and their sites linked herein.
User understands and acknowledges that certain of the Services may be financial or mortgage tools that provide information and customized information based on User-inputted data. These tools are for the purpose of performing calculations, and are not an offer to lend. User authorizes KMHI to make referrals to Lenders and acknowledge ManufacturedHomes.com may be paid valuable consideration for facilitating such referral.
User understands and acknowledges that KMHI is not a bank, credit union, lender, mortgage broker, loan originator, loan processor or underwriter (collectively, “Lenders”). User understands and acknowledges that KMHI does not aid or assist in obtaining loans or loan applications, nor in setting or negotiating any terms thereof, nor in making loan or loan application decisions. User understands and acknowledges that ManufacturedHomes.com does not offer loans and does not solicit or participate in the solicitation of loans or loan applications. User understands and acknowledges that KMHI does not take applications for loans or credit. User understands and acknowledges that KMHI does not endorse or recommend any Lender, nor any of the products, rates or offerings of any Lender.
User understands and acknowledges that any request for, inquiry about or agreement to receive or be contacted about loans, loan applications, quotes, pre-qualifications, pre-approvals, loan commitments or loan-related transactions by any consumer (e.g., by way of links on the Website) will not be responded to by KMHI for any loan-related transaction or other loan or credit product. User agrees that nothing contained in any mortgage-related ad or other ad is an offer or solicitation by KMHI to provide any loan-related transaction. User understands and acknowledges that all decisions regarding loan transactions are not made by KMHI but are made solely by Lenders that might have links on the Website.
User understands and acknowledges that KMHI and agrees it does not make or give any guarantee regarding, and assumes no responsibility for, any such decisions, nor any acts or omissions of Lenders, nor any result or consequence (direct or indirect) of any business transaction (actual, proposed or discussed) or related communications between Lenders, nor any rates. User agrees KMHI shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of the Website or the services offered by Lenders. User agrees KMHI is not responsible for any errors or delays caused by you or any Lenders in the loan process.
User agrees the foregoing disclosures reflect KMHI’s good faith conclusions regarding the subject matter of such disclosures, and User accepts and agrees KMHI takes no responsibility for, and shall have no liability as a result of or in connection with, any assertions, findings or conclusions that might be made, adjudicated, established or otherwise reached by anyone, nor any actual or alleged inaccuracy of or other fault with any such disclosures.