TERMS OF USE
Last updated August 10, 2019
PREAMBLE
Empower Digital
Solutions, LLC dba Empower Funnels maintains a cooperative of subsidiary real
estate and home loan related websites. Empower Funnels is not a banker or
lender (Service Provider). Duly Licensed Service Providers ("Empower Clients")
employ Empower Funnels to rent specific domains and to design, host, maintain,
and advertise websites on said domains. The information collected is provided only to
Empower Client to whom the site is assigned. The infomation collected is not an
application for credit or a mortgage loan, nor is it used to pre-qualify you
with any Service Provider. There is no cost to submit a loan request, get
matched with lenders and receive loan offers. You may review the loan offers
and talk to the lenders at no cost. Of course, the lender you choose may
require a fee to continue processing your loan request, but until you agree to
pay the lender a fee, you may stop at no cost. Empower Funnels does not charge
you, the consumer, a fee for its services. Who pays our bills? The lender. Of
course, you will be responsible for paying any loan processing, closing costs
or other fees to the lender with whom you close.
These Terms of Use
constitute a legally binding agreement made between you, whether personally or
on behalf of an entity (“you”) and Empower Digital Solutions, LLC, doing
business as Empower Funnels ("Empower Funnels", “we”,
“us”, or “our”), concerning your access to and use of the https://sdakotamortgages.com website as well as any other media
form, media channel, mobile website or mobile application related, linked, or
otherwise connected thereto (collectively, the “Site”). You agree that by
accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF
THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND
YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and
conditions or documents that may be posted on the Site from time to time are
hereby expressly incorporated herein by reference. We reserve the right, in our
sole discretion, to make changes or modifications to these Terms of Use at any
time and for any reason. We will alert you about any changes by updating the
“Last updated” date of these Terms of Use, and you waive any right to receive
specific notice of each such change. It is your responsibility to periodically
review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to
have accepted, the changes in any revised Terms of Use by your continued use of
the Site after the date such revised Terms of Use are posted.
The information provided
on the Site is not intended for distribution to or use by any person or entity
in any jurisdiction or country where such distribution or use would be contrary
to law or regulation or which would subject us to any registration requirement
within such jurisdiction or country. Accordingly, those persons who choose to
access the Site from other locations do so on their own initiative and are
solely responsible for compliance with local laws, if and to the extent local
laws are applicable.
The Site is intended
for users who are at least 18 years old. Persons under the age of 18 are not
permitted to use or register for the Site.
Unless otherwise
indicated, the Site is our proprietary property and all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and
graphics on the Site (collectively, the “Content”) and the trademarks, service
marks, and logos contained therein (the “Marks”) are owned or controlled by us
or licensed to us, and are protected by copyright and trademark laws and
various other intellectual property rights and unfair competition laws of the
United States, foreign jurisdictions, and international conventions. The
Content and the Marks are provided on the Site “AS IS” for your information and
personal use only. Except as expressly provided in these Terms of Use, no part
of the Site and no Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded, translated, transmitted,
distributed, sold, licensed, or otherwise exploited for any commercial purpose
whatsoever, without our express prior written permission.
Provided that you are
eligible to use the Site, you are granted a limited license to access and use
the Site and to download or print a copy of any portion of the Content to which
you have properly gained access solely for your personal, non-commercial use.
We reserve all rights not expressly granted to you in and to the Site, the
Content and the Marks.
By using the Site, you
represent and warrant that: (1) you have the legal capacity and you agree
to comply with these Terms of Use; (2) you are not a
minor in the jurisdiction in which you reside; (3) you will not access the Site
through automated or non-human means, whether through a bot, script, or
otherwise; (4) you will not use the Site for any illegal or unauthorized
purpose; and (5) your use of the Site will not violate any applicable law or
regulation.
If you provide any information
that is untrue, inaccurate, not current, or incomplete, we have the right to
suspend or terminate your account and refuse any and all current or future use
of the Site (or any portion thereof).
You may not access or
use the Site for any purpose other than that for which we make the Site
available. The Site may not be used in connection with any commercial endeavors
except those that are specifically endorsed or approved by us.
As a user of the Site,
you agree not to:
1.
Circumvent, disable, or otherwise interfere
with security-related features of the Site, including features that prevent or
restrict the use or copying of any Content or enforce limitations on the use of
the Site and/or the Content contained therein.
2.
Engage in unauthorized framing of or linking
to the Site.
3.
Make improper use of our support services or
submit false reports of abuse or misconduct.
4.
Engage in any automated use of the system,
such as using scripts to send comments or messages, or using any data mining,
robots, or similar data gathering and extraction tools.
5.
Interfere with, disrupt, or create an undue
burden on the Site or the networks or services connected to the Site.
6.
Attempt to impersonate another user or person
or use the username of another user.
7.
Use any information obtained from the Site in
order to harass, abuse, or harm another person.
8.
Use the Site as part of any effort to compete
with us or otherwise use the Site and/or the Content for any revenue-generating
endeavor or commercial enterprise.
9.
Decipher, decompile, disassemble, or reverse
engineer any of the software comprising or in any way making up a part of the
Site.
10.
Attempt to bypass any measures of the Site
designed to prevent or restrict access to the Site, or any portion of the
Site.
11.
Harass, annoy, intimidate, or threaten any of
our employees or agents engaged in providing any portion of the Site to
you.
12.
Delete the copyright or other proprietary
rights notice from any Content.
13.
Copy or adapt the Site’s software, including
but not limited to Flash, PHP, HTML, JavaScript, or other code.
14.
Disparage, tarnish, or otherwise harm, in our
opinion, us and/or the Site.
15.
Use the Site in a manner inconsistent with any
applicable laws or regulations.
You acknowledge and
agree that any questions, comments, suggestions, ideas, feedback, or other
information regarding the Site ("Submissions") provided by you to us
are non-confidential and shall become our sole property. We shall own exclusive
rights, including all intellectual property rights, and shall be entitled to
the unrestricted use and dissemination of these Submissions for any lawful
purpose, commercial or otherwise, without acknowledgment or compensation to
you. You hereby waive all moral rights to any such Submissions, and you hereby
warrant that any such Submissions are original with you or that you have the
right to submit such Submissions. You agree there shall be no recourse against
us for any alleged or actual infringement or misappropriation of any
proprietary right in your Submissions.
We allow advertisers
to display their advertisements and other information in certain areas of the
Site, such as sidebar advertisements or banner advertisements. If you are an
advertiser, you shall take full responsibility for any advertisements you place
on the Site and any services provided on the Site or products sold through
those advertisements. Further, as an advertiser, you warrant and represent that
you possess all rights and authority to place advertisements on the Site,
including, but not limited to, intellectual property rights, publicity rights,
and contractual rights. We simply provide the space to place such
advertisements, and we have no other relationship with advertisers.
We reserve the right,
but not the obligation, to: (1) monitor the Site for violations of these Terms
of Use; (2) take appropriate legal action against anyone who, in our sole
discretion, violates the law or these Terms of Use, including without
limitation, reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of
your Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Site or otherwise
disable all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the Site in a manner
designed to protect our rights and property and to facilitate the proper
functioning of the Site.
We care about data
privacy and security. Please review our Privacy Policy: https://sdakotamortgages.com/terms.
By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms
of Use. Please be advised the Site is hosted in the United States. If you
access the Site from the European Union, Asia, or any other region of the world
with laws or other requirements governing personal data collection, use, or
disclosure that differ from applicable laws in the United States, then through
your continued use of the Site, you are transferring your data to the United
States, and you expressly consent to have your data transferred to and
processed in the United States. Further, we do not knowingly accept, request, or solicit
information from children or knowingly market to children. Therefore, in
accordance with the U.S. Children’s Online Privacy Protection Act, if we
receive actual knowledge that anyone under the age of 13 has provided personal
information to us without the requisite and verifiable parental consent, we
will delete that information from the Site as quickly as is reasonably
practical.
These Terms of Use
shall remain in full force and effect while you use the Site. WITHOUT LIMITING
ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR
NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW
OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR
DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If we terminate or
suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of
any third party, even if you may be acting on behalf of the third party. In addition
to terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right
to change, modify, or remove the contents of the Site at any time or for any
reason at our sole discretion without notice. However, we have no obligation to
update any information on our Site. We also reserve the right to modify or
discontinue all or part of the Site without notice at any time. We will not be
liable to you or any third party for any modification, price change,
suspension, or discontinuance of the Site.
We cannot guarantee
the Site will be available at all times. We may
experience hardware, software, or other problems or need to perform maintenance
related to the Site, resulting in interruptions, delays, or errors. We reserve
the right to change, revise, update, suspend, discontinue, or otherwise modify
the Site at any time or for any reason without notice to you. You agree that we
have no liability whatsoever for any loss, damage, or inconvenience caused by
your inability to access or use the Site during any downtime or discontinuance
of the Site. Nothing in these Terms of Use will be construed to obligate us to
maintain and support the Site or to supply any corrections, updates, or
releases in connection therewith.
These Terms of Use and
your use of the Site are governed by and construed in accordance with the laws
of the State of Idaho applicable to agreements made and to be
entirely performed within the State of Idaho, without regard to its
conflict of law principles.
Any legal action of
whatever nature brought by either you or us (collectively, the “Parties” and
individually, a “Party”) shall be commenced or prosecuted in the state and
federal courts located in Ada County, Idaho, and the Parties
hereby consent to, and waive all defenses of lack of personal jurisdiction and
forum non conveniens with respect to venue and
jurisdiction in such state and federal courts. Application of the United
Nations Convention on Contracts for the International Sale of Goods and the
Uniform Computer Information Transaction Act (UCITA) are excluded from these
Terms of Use. In no event shall any claim, action, or proceeding brought
by either Party related in any way to the Site be commenced more than one
(1) years after the cause of action arose.
There may be
information on the Site that contains typographical errors, inaccuracies, or
omissions, including descriptions, pricing, availability, and various other
information. We reserve the right to correct any errors, inaccuracies, or
omissions and to change or update the information on the Site at any time,
without prior notice.
THE SITE IS PROVIDED
ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR
SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND
YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE
MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,
(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE
SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND
MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE
OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT
OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR
OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES
ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS
OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF
THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF
ACTION ARISING OR $50.00 USD. CERTAIN STATE LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend,
indemnify, and hold us harmless, including our subsidiaries, affiliates, and
all of our respective officers, agents, partners, and employees, from and
against any loss, damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or arising out of: (1)
use of the Site; (2) breach of these Terms of Use; (3) any breach of your
representations and warranties set forth in these Terms of Use; (4) your
violation of the rights of a third party, including but not limited to
intellectual property rights; or (5) any overt harmful act toward any other
user of the Site with whom you connected via the Site. Notwithstanding the
foregoing, we reserve the right, at your expense, to assume the exclusive
defense and control of any matter for which you are required to indemnify us,
and you agree to cooperate, at your expense, with our defense of such claims.
We will use reasonable efforts to notify you of any such claim, action, or
proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain
certain data that you transmit to the Site for the purpose of managing the
performance of the Site, as well as data relating to your use of the Site.
Although we perform regular routine backups of data, you are solely responsible
for all data that you transmit or that relates to any activity you have
undertaken using the Site. You agree that we shall have no liability to you for
any loss or corruption of any such data, and you hereby waive any right of
action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site,
sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree
that all agreements, notices, disclosures, and other communications we provide
to you electronically, via email and on the Site, satisfy any legal requirement
that such communication be in writing. YOU HEREBY AGREE TO THE USE OF
ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC
DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR
COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements
under any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of credits by any means
other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with
us is not satisfactorily resolved, you can contact the Complaint Assistance
Unit of the Division of Consumer Services of the California Department of
Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112,
Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
These Terms of Use and
any policies or operating rules posted by us on the Site or in respect to the
Site constitute the entire agreement and understanding between you and us. Our failure
to exercise or enforce any right or provision of these Terms of Use shall not
operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may
assign any or all of our rights and obligations to
others at any time. We shall not be responsible or liable for any loss, damage,
delay, or failure to act caused by any cause beyond our reasonable control. If
any provision or part of a provision of these Terms of Use is determined to be
unlawful, void, or unenforceable, that provision or part of the provision is
deemed severable from these Terms of Use and does not affect the validity and
enforceability of any remaining provisions. There is no joint venture,
partnership, employment or agency relationship created between you and us as a
result of these Terms of Use or use of the Site. You agree that these Terms of
Use will not be construed against us by virtue of having drafted them. You
hereby waive any and all defenses you may have based on the electronic form of
these Terms of Use and the lack of signing by the parties hereto to execute
these Terms of Use.
In order to resolve a
complaint regarding the Site or to receive further information regarding use of
the Site, please contact us at:
Empower Digital
Solutions, LLC
10332 W Fairview
Ave.
Suite 202
Boise, ID 83704
United
States
Phone: 208-205-8830
info@empowerfunnels.com