DISCLAIMER

General

American Family Of Van Lines, (AFVL Network) is the sole owner of www.americanfamilyvanlines.com and is a referral service to users needing moving services through licensed moving companies. Any person accessing or using the AFVL Network is referred to as “you”.

Referral Fees

Please note that AFVL Network operates a fee referral system with various transportation companies and movers as determined by AFVL and is compensated by providing each company or companies potential  leads by either phone or email as a result of you requesting information or calling through the AFVL Network website located at www.americanfamilyvanlines.com.

Acceptance of Terms

By accessing or using any part of the AFVL Network or the services provided on it or other Web sites as set forth below (collectively, the “Services”), you agree to accept and comply with the terms, conditions, and notices stated herein and as may be modified by AFVL from time-to-time without notice to you (the “Terms of Use”). These Terms of Use constitute a binding contract between AFVL and you. You are responsible for regularly reviewing the Terms of Use. If you do not wish to be bound by these Terms of Use, please do not access or use any part of the AFVL Network.

Additional terms may govern use of certain Web sites or Web pages within the AFVL Network. In the event that any provision, term or guideline contained on a particular Web site or Web page in the AFVL Network conflicts with the Terms of Use, the terms of such Web site or Web page shall control over the Terms of Use except with respect to the General Terms set forth below, which shall at all times control.

General Use of The AFVL Network

Unless specified otherwise, AFVL offers you access to the AFVL Network solely for your personal and non-commercial uses. You agree to only access or use the AFVL Network only for legal purposes that are permitted by the Terms of Use. Among other things, you agree not to:

  • except with the express written permission of AFVL, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other Web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the AFVL Network, including without limitation, engaging in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information;
  • damage, disable, overburden, or impair the AFVL Network or interfere with any other party’s use and enjoyment of the AFVL Network;
  • obtain or attempt to obtain any materials or information through any means not made readily accessible by AFVL through the AFVL Network.

Except with the express written permission of AFVL, you agree that you will not access or attempt to access password protected, secure or non-public areas of the AFVL Network.

Except with the express written permission of AFVL, you agree that you will not create links from any Web site or Web page to any page within the AFVL Network; provided however upon prior written notice to AFVL at americanfamilyvanlines1@gmail.com, you may create a link directly to any of the AFVL Network home pages. The origin of any link to any AFVL Network home page must be accompanied by a clear and prominent attribution indicating that the link is connected to the AFVL Network home page. By creating a link to the AFVL Network, you agree that (a) you will not employ any technology that results in the placement of content from the AFVL Network in a frame and/or a reduced pop-up window and/or any other display mechanism which changes appearance of the AFVL Network from how it would appear if a user typed the URL in a typical browser line, (b) your site shall not display content or link to other web sites that contain content that is illegal, obscene, indecent, disparaging, discriminating or otherwise offensive, (c) you have duly registered your domain name and possess all rights necessary to use the same, and (d) you shall not in any manner access, collect, store, disclose, transfer or use any information obtained or derived from a user’s access to or use of the AFVL Network. AFVL reserves the right to revoke your permission to create such link at any time in its sole discretion and you agree to immediately cease using the link at any time that AFVL so requests.

You agree that AFVL may in its sole discretion and at any time terminate your access to and use of the AFVL Network, or any part thereof, with or without notice. You further agree that use of the AFVL Network and any of its Services shall be immediately terminated if you violate these Terms of Use. In addition, AFVL reserves the right, in its sole discretion, to modify or discontinue the Services or any portion thereof, with or without notice, and without liability to you.

The Services provided through the AFVL Network may also be located on third party Web sites or applications, via a link, click-through advertising, or otherwise. Nothing contained in any of these Services is an offer or promise by AFVL 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, AFVL 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 AFVL 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. Further, please note that certain of the interactive 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. Interest rates shown are for demonstration purposes only. Actual market interest rates may vary.

You acknowledge that AFVL is not a licensed mover, mortgage broker or mortgage lender, and AFVL does not aid or assist borrowers in obtaining, solicit borrowers or lenders for, negotiate or make loans secured by liens on real property.

Please note that you may be subject to additional and/or different terms, conditions, and privacy policies when you use third party Services, Content (as defined below), software or sites.

Content Contained in the AFVL Network

The AFVL Network and all of its contents including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials on the AFVL Network (collectively, “Content”) is owned by AFVL and/or third parties with all rights reserved unless otherwise noted. AFVL grants you a limited license to access and use the AFVL Network and Content solely for informational, personal and non-commercial purposes (including printing individual pages from the AFVL Network provided that you retain all copyright and other proprietary notices contained thereon). You are strictly prohibited from downloading (other than page caching) modifying, or making any other use of the AFVL Network or Content, except with express written consent of AFVL. You understand that all third party Content posted on, transmitted through, or linked from the AFVL Network, is the sole responsibility of the third party originator of such Content. Content is provided through the AFVL Network AS IS, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall AFVL be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Services.

You acknowledge that AFVL does not screen or approve third-party Content, and that AFVL shall have the right (but not the obligation) in its sole discretion to refuse, modify, delete or AFVL any Content that is available via the AFVL Network, for any reason.

Content You Provide

To the extent that you post, upload, input, submit or otherwise transmit (collectively, “Transmit” or “Transmitting” as appropriate) Content on or through the AFVL Network, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Content that you provide or otherwise make available via the AFVL Network. You also warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to Transmit such Content, and to transfer your or others’ interests in such Content to AFVL as provided below.

You promise that you will not use the AFVL Network to:

  • Transmit any Content
    • not related to appropriate subject matters;
    • which is misleading to others, including consumers;
    • that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
    • that you do not have a right to post and transmit under any law or under contractual relationships;
    • such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    • and materials that contain 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; or
  • intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.

By Transmitting Content to the AFVL Network, you grant, and you represent and warrant that you have the right to grant, to AFVL an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the AFVL Network, you grant AFVL all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the AFVL Network by any party for any purpose.

AFVL is committed to maintaining the privacy and security of any and all such information that you provide to AFVL through the AFVL Network in accordance with its Privacy Policy. Top

Mortgage-Related Disclosure

This disclosure statement pertains to the conduct of AFVL, including services AFVL provides, in connection with the mortgage loan industry and websites and mobile applications operated by AFVL.

AFVL does not confirm, and does not make or give any guarantee regarding,

  • (i) any information in any request for, or in any request to be contacted about, a quote, pre-qualification, pre-approval, loan commitment, loan or loan-related document, nor
    (ii) any information about any consumer, potential borrower or other person who submits or is the subject of an Inquiry, nor
    (iii) any information about, or in any rating of or feedback about, any advertiser, lender, broker or mortgage or loan professional

AFVL does not guarantee any information provided by any borrower, any specific loan terms and conditions offered by an advertiser, lender, broker or mortgage professional, or that any person will be offered or able to obtain any particular rates, loan, loan application, quote, pre-qualification, pre-approval, loan commitment or loan-related transaction.

AFVL is not a lender, mortgage broker, loan originator, loan processor or underwriter. AFVL 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.

AFVL does not offer loans and does not solicit or participate in the solicitation of loans or loan applications.

AFVL does not take applications for loans or credit nor issue or participate in the issuance of pre-qualifications or pre-approvals.

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 or person (e.g., by way of advertisements on websites or mobile apps operated by AFVL) is not, and will not be responded to by AFVL as, an order, application, offer or transaction for any credit, loan, loan application, quote, pre-qualification, pre-approval, loan commitment or loan-related transaction or other loan or credit product.

AFVL does not endorse or recommend any lender, any borrower nor any of the products, rates or offerings of any lender, broker or mortgage professional.

Nothing contained in any mortgage-related ad or other ad is an offer to provide, or a solicitation for, any loan, loan application, quote, pre-qualification, pre-approval, loan commitment or loan-related transaction.

AFVL is not an agent of any consumer or borrower nor of any advertiser, lender, broker or mortgage or loan professional.

AFVL sometimes may provide advertising services, services to facilitate contact when consumers wish to be contacted by lenders, mortgage brokers or other loan professionals and/or other like services relating to use of websites or mobile apps AFVL operates.

Decisions regarding loans, loan applications, quotes, pre-qualifications, pre-approvals, loan commitments or loan-related transactions are not made by AFVL but are made by lenders, brokers or other loan professionals which might include participating advertisers of AFVL.

AFVL does not make or give any guarantee regarding, and assumes no responsibility for, any such decisions, nor any acts or omissions of lenders, brokers or other loan professionals, nor any result or consequence (direct or indirect) of any business transaction (actual, proposed or discussed) or related communications between lenders, brokers or other loan professionals and any other person, nor any rates, information or other content on or accessible through any website or app that did not originate solely from AFVL.

The foregoing disclosures reflect AFVL’s good faith conclusions regarding the subject matter of such disclosures, and AFVL 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 other than AFVL, nor any actual or alleged inaccuracy of or other fault with any such disclosures.

For purposes of this Mortgage-Relate Disclosure statement, “AFVL” refers to each of AFVL, Inc. and each of its subsidiaries.

General Terms

Applicable Law

This Terms of Use is governed by the laws of the State of California, U.S.A. without regard to conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of courts sitting in California, County of Contra Costa, in all disputes arising out of or relating to accessing or using of the AFVL Network. Access or use of the AFVL Network is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and AFVL as a result of the Terms of Use or accessing or using the AFVL Network. AFVL’s performance under the Terms of Use is subject to existing laws and legal process, and nothing contained in the Terms of Use is in derogation of AFVL’s right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of the AFVL Network or information provided to or gathered by AFVL with respect to such use.

Interpretation of the Terms of Use

If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. Unless otherwise specified herein (or in any other definitive written agreement between you and AFVL), the Terms of Use constitutes the entire agreement between you and AFVL with respect to the AFVL Network and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and AFVL with respect to the AFVL Network. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE AFVL NETWORK, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. AFVL MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE AFVL NETWORK, SERVICES AND/OR CONTENT. AFVL 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 AND NON-INFRINGEMENT.

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD AFVL, ITS THIRD-PARTY VENDORS, CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY CONTENT, SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO THE AFVL NETWORK AND/OR AFVL AND/OR ITS THIRD PARTY ADVERTISERS AND ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF THESE TERMS OF USE.

Limitation of Liability

IN NO EVENT SHALL AFVL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE AFVL NETWORK, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE AFVL NETWORK OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE AFVL NETWORK, OR OTHERWISE ARISING OUT OF THE USE OF THE AFVL NETWORK, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AFVL HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE AFVL NETWORK, AND ALL OTHER USE OF THE AFVL NETWORK, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE AFVL NETWORK, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE AFVL NETWORK.

Copyright

All materials on the AFVL Network (as well as the organization and layout of the AFVL Network) are owned and copyrighted or licensed by AFVL, its corporate affiliates or its third-party vendors. © AFVL, 2016, all rights reserved. No reproduction, distribution, or transmission of the copyrighted materials on the AFVL Network is permitted without the written permission of AFVL. Any rights not expressly granted herein are reserved.

 

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