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TERMS OF USE

By using the HomeSafe Georgia website, you agree to follow and be bound by these terms of use and agree to comply with all applicable laws and regulations. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable or if you do not agree to these terms of use, please do not use this Site. We may revise these terms of use at any time without notice to you. If you have any questions about these terms of use, please contact us.  YOU AGREE THAT BY USING THIS SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO CONTRACT. Please also refer to Georgia Department of Community Affairs-GHFA, Affordable Housing, Inc.  (“Corporation”) Privacy PolicyTerms of Service and Disclaimers, which are each incorporated by reference herein.

The Corporation provides an online portal to give visitors a general understanding of the options as a homeowner.  To that extent, the site publishes general information on issues commonly encountered.  Corporation document service also includes a review of your answers for completeness as well as internal consistency of names, addresses and the like. At no time do we review your answers for legal sufficiency, draw professional or legal conclusions, provide professional or legal advice or apply the law to the facts of your particular situation. The Corporation and its services are not a substitute for the professional advice of an attorney, accountant, mortgage broker, or real estate advisor. The Corporation strives to keep its documents accurate, current and up-to-date.  Furthermore, the information contained on this site is not professional or legal advice, and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need professional or legal advice for your specific problem, you should consult a licensed professional. This site is not intended to create any agent or representative relationship, and by using the Corporation, no agent or representative relationship will be created with the Corporation Instead, you are representing yourself in any matter you undertake through Corporation document service.

Privacy Policy – The Corporation respects your privacy and permits you to control the treatment of your personal information. A complete statement of the Corporation current privacy policy can be found at Privacy Policy.  The Corporation privacy policy is expressly incorporated into this Agreement by reference.  When you open an account to use or access certain portions of the Georgia Department of Community Affairs GHFA, Affordable Housing Inc. website or service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify the immediately of any unauthorized use of your account, user name or password. The Corporation shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by the Corporation, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your account or password.

Ownership - This Site is owned and operated by the Corporation.  All rights, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds, and images (the "Materials") are owned either by the Corporation or by its respective third party authors, developers, or vendors ("Third Party Providers"). Except as otherwise expressly provided by the Corporation, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on this Site shall be construed to confer any license under any of the Corporation intellectual property rights, whether by estoppels, implication, or otherwise. Corporation does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by the Corporation.  Any rights not expressly granted herein are reserved by Corporation

Limited Permission – The Corporation hereby grants you permission to download, view, copy and print the Materials on any single, stand-alone computer solely for your personal, informational, non-commercial use and provided that (i) the Materials are not used on any other Web site or in a networked computer environment and (ii) the Materials is not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

Third Party Sites - This Site may contain links to Web sites controlled by parties other than Corporation (the "Third Party Sites"). The Corporation works with a number of partners and affiliates whose sites are linked with Corporation is not responsible for and does not endorse or accept any responsibility for the availability, the contents, the products, the services or the use of the Third Party Sites or any Web site accessed from a Third Party Site, or any changes or updates to such sites. Corporation makes no guarantees about the content or quality of the products or services provided by such sites. Corporation is not responsible for webcasting or any other form of transmission received from any Third Party Site. The Corporation is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Corporation of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on Third Party Sites and agree that Corporation is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on a Third Party Site.

LIMITATION OF LIABILITY - IN NO EVENT SHALL THE CORPORATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF CORPORATION HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification - You agree to defend, indemnify and hold harmless the Corporation, its officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials.

Compliance with Intellectual Property Laws - When accessing the Corporation or using Corporation document preparation service, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The Corporation has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed upon the rights of the Corporation or of a third party or that violate intellectual property rights generally. The Corporation policy is to remove such infringing content or materials and investigate such allegations immediately. If you believe that your copyright has been infringed, and you would like the Corporation to remove the material in question, please contact us immediately.

Inappropriate Content - When accessing the Corporation website or using Corporation services, you agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that is (i) libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. The Corporation reserves the right to terminate or delete such material from its servers. The Corporation will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

Compliance with Export Restrictions - You may not access, download, use or export the Site or Materials in violation of United States export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or Corporation and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials, or any direct product there from, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for any prohibited purpose.

Governing Law - By using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Georgia, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Site or Materials shall be instituted in a state or federal court in Georgia. You and Corporation agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. These terms of use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site.

Copyrights & Trademarks - All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2010, Georgia Department of Community Affairs-GHFA, Affordable Housing, Inc. RIGHTS RESERVED. The Corporation, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of the Corporation.  All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

Access – The Corporation grants the user a limited right to access the questionnaire related to the specific product. This access right ("access period") will be in place until 180 days elapse following the day the user accesses the Corporation.  Upon the termination of the access period, any and all rights created for the user to access the questionnaire shall expire. If the access period lapses without submission of the product questionnaire for processing, the Corporation has no further obligation to user including, but not limited to, providing access to the product questionnaire and delivering the product.

Authorization to share info – The Corporation agrees to maintain the confidentiality of user’s information; however, user authorizes the Corporation and its Affiliates to release/exchange information from user's records in order to assist user in pursuing foreclosure prevention. This information will be released only to those institutions, companies and agencies that the Corporation believes can provide assistance in preventing a mortgage foreclosure. Examples of such entities include mortgage servicers, mortgage investors, public agencies, real estate related service providers and other nonprofit organizations. If necessary, information on file at another entity may also be released to us. This information release/exchange will be restricted to specific financial data, such as income, budget, debt and mortgage details provided by you. This authorization will remain valid until revoked in writing by the user.

WARRANTY - THE SITE AND ALL MATERIALS PROVIDED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, CORPORATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE CORPORATION MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS. ANY MATERIALS OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. THE CORPORATION SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

Acknowledgement - BY USING CORPORATION SERVICES OR ACCESSING THE HOMESAFE GEORGIA WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.

 

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