User Terms and Conditions
THE USE OF THE EYEONMYLOAN WEB SITE (AND ITS ENTIRE CONTENTS, INCLUDING BUT NOT LIMITED TO THE TEXT, DATA, INFORMATION, MATERIALS, SOFTWARE, AND GRAPHICS CONTAINED OR PROVIDED BY THIS WEB SITE) (�EOML�) AND THE SERVICES OFFERED BY BREAKTHROUGH TOOLS, LLC. ("BTT") ON EYEONMYLOAN.COM ("WEB SITE") IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT (�AGREEMENT"). BY USING THIS WEB SITE OR, BY CLICKING ON THE "SUBMIT" BUTTON ON THE SIGNUP PAGE: (1) YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND THIS USER AGREEMENT; AND (2) YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS.
EyeOnMyLoan may change the terms and conditions of this User Agreement at any time. You will be responsible for regularly checking this agreement and for reviewing any changes. The current User Agreement can always be found by navigating from the footer of the Web site. By using this Web site after any such changes take place, you agree to be bound by such changes. If you do not agree to be bound by any such changes, you must immediately stop using this Web site.
Governing Law and Jurisdiction
These terms and conditions are effective until they are terminated by you or EyeOnMyLoan. You may terminate this Agreement at any time by contacting EyeOnMyLoan to disable your account. These terms and conditions will terminate immediately without notice from EyeOnMyLoan if, in EyeOnMyLoan's sole discretion, you fail to comply with any material term or provision hereof or if EyeOnMyLoan believes that you, by your conduct, have violated any applicable law or are acting contrary to the interests of EyeOnMyLoan.
Ownership and Copyright
You acknowledge and agree that all portions of this Web site including all content, site design, text, graphics and the selection and arrangement thereof is owned by EyeOnMyLoan and is protected by U.S. and international copyright and other intellectual property laws. You further acknowledge and agree that this Web site contains data and information of a proprietary and confidential nature. You agree not to use this Web site (including such data and information) for any purpose other than as set forth in this User Agreement and to use reasonable efforts to keep such data and information confidential.
Breakthrough Tools, LLC and EyeOnMyLoan, and the EyeOnMyLoan logo are registered trademarks of Breakthrough Tools. None of Breakthrough Tools trademarks, including but not limited to the foregoing, may be used for any purpose without Breakthrough Tools prior written consent. All trademarks not owned by Breakthrough Tools are the property of their respective owners.
Use of this Web Site
You may use this Web site only for your personal use. You may download or print hard copies of this Web site, or portions thereof, only in connection with such personal use, provided that such downloads and hard copies contain the following notice:
"Copyright © 2006-2009 EyeOnMyLoan All rights reserved."
EyeOnMyLoan shall have the right to: (i) restrict or prevent your access to this Web site (or any portion thereof) at any time without notice; or (ii) change or discontinue providing this Web site (or any portion thereof) at any time without notice. EyeOnMyLoan shall have no obligation to update this Web site or to correct any errors or omissions in this Web site.
You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Service or the Site to:
Disclaimer of Warranties
- use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
- use automated scripts to collect information from or otherwise interact with the Service or the Site;
- upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intimidate or harass another;
- upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- use or attempt to use another's account, service or system without authorization from EyeOnMyLoan, or create a false identity on the Service or the Site.
- upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of EyeOnMyLoan, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose EyeOnMyLoan or its users to any harm or liability of any type.
EYEONMYLOAN MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE EYEONMYLOAN SERVICE AND WEB SITE OR THE SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF THE EYEONMYLOAN ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
Limitation of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL THE EYEONMYLOAN CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT.
You agree to indemnify and hold harmless EyeOnMyLoan and its employees, representatives, agents and affiliates, against any and all claims, suits, actions, or other proceedings brought against EyeOnMyLoan based on or arising from any claim (i) that our use of any material provided by you infringes on any copyright, patent, trademark, trade secret or any other intellectual property right of any third party, or (ii) resulting from your breach of this Agreement or resulting from your breach of any third party intellectual property right or misappropriation of any material, or resulting from any of your defamatory, libelous act or resulting from your violation of any third party right of publicity or privacy. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by EyeOnMyLoan in connection with or arising from any such claim, suit, action, or proceeding.
Third-party Web sites, Links, and Information
This Web site may contain information, products, and services provided by third parties and links (including advertisements) to Web sites made available by third parties. This information and these products, services, and links are provided only as a convenience to users of this Web site. EyeOnMyLoan does not control this information or these products, services, or web sites and EyeOnMyLoan does not make any representations or warranties, express or implied, regarding this information or these products, services, or Web sites. Inclusion of any of the foregoing in this Web site does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with EyeOnMyLoan with respect to any third party, any third party's Web site or its content, or any information, products, or services provided by a third party.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
Privacy and Information Made Available by You
You hereby acknowledge that EyeOnMyLoan may be disclosing the information provided by you through your use of this Web site to third parties and you hereby grant to EyeOnMyLoan your explicit permission to use and disclose any information provided by you through this Web site (including but not limited to information provided through e-mail) to such third parties, or made available through your use of this Web site, for any lawful purpose, without being required to compensate you in any way, unless you indicate otherwise in the Membership area of this Web site.
This Agreement shall constitute the entire agreement between you and EyeOnMyLoan regarding the subject matter hereof, and shall supersede any and all prior negotiations, representations, warranties, undertakings, or agreements, written or oral, between the parties regarding such subject matter.
To the maximum extent possible, each provision in this User Agreement shall be interpreted in such manner as to be valid and enforceable under applicable law. If any provision of this User Agreement is held to be invalid or unenforceable under applicable law, such provision shall be modified so as to be rendered valid and enforceable while implementing, to the maximum extent possible, the original intent of such provision. If such modification is not possible or allowed, then such provision shall be ineffective only to the extent of such unenforceability or invalidity without affecting the remainder of such provision or any other provisions in this User Agreement.
THIS USER AGREEMENT WAS LAST UPDATED ON April 21, 2009.