Terms of Use
Welcome to NewTrustDeeds.com®, a registered trade name of and a marketing website for the trust deed marketing division at Hanover Mortgage Company (“HMC”).
NewTrustDeeds.com® provides access to you subject to the following conditions.
1. Parties to the Terms of Use Agreement;
- Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as "Visitors," are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as "Website."
- By viewing, visiting, using, or interacting with this website or with any banner, pop-up, or advertising that appears on it, you are agreeing to all the provisions of this term of use policy and the privacy policy of this website.
- All persons under the age of 18 are denied access to this website. If you are under 18 years of age, it is unlawful for you to visit, read, or interact with this website or its contents in any manner. This website specifically denies access to any individual that is covered by the child online privacy act (copa) of 1998.
- This website reserves the right to deny access to any person or viewer for any reason.
2. Privacy. Please review our Privacy Policy, which also governs your visit to this website.
3. Disclaimer of Warranties and Limitation of Liability. This site is provided by this website on an "as is" and "as available" basis. This website makes no representations or warranties of any kind, expressed or implied, as to the operation of this site or the information, content, materials or products included on this site. You expressly agree that your use of this site is at your sole risk. This website disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purchase. This website does not warrant that this site, its servers, or e-mails will not be liable for any damages.
4. Use of Information from This Website. Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By viewing the contents of this website you agree this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever. Visitor agrees to liquidated damages in the amount of U.S. $100,000 in addition to costs and actual damages for breach of this provision. Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.
5. Hyperlinking to Site, Co-branding, "Framing" and Referencing Site Prohibited. Unless expressly authorized by website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Further, you are not allowed to reference the URL (website address) of this website in any commercial or non-commercial media without express permission, nor are you allowed to 'frame' the site. You specifically agree to cooperate with the Website to remove or de-activate any such activities and be liable for all damages. You hereby agree to liquidated damages of US $100,000.00 plus costs and actual damages for violating this provision.
6. Ownership of Website or Right to Use, Sell, Publish Contents of This Website, Copyright and Trademark Notice. The website and its contents are owned or licensed by the website. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website.
This Site and its contents, including but not limited to, text, photographs, graphics, illustrations, video, sound and other material (all such content collectively referred to as "Content") are protected under United States and international copyright laws and are the property of HMC. All rights reserved. All logos, page headers, custom graphics and button icons displayed on this Site are service marks, trademarks, and/or trade dress (collectively, "Marks") of HMC. Except as specifically permitted herein, copying, distributing, transmitting, displaying, modifying, selling or participating in the sale of, or otherwise exploiting or using any Content or any Marks in any form or by any means without the express written permission of HMC is prohibited and may violate the copyright or trademark laws of the United States. The Site and its Contents are intended solely for personal, noncommercial use by the users of our Site. You may download or copy the Contents displayed on the Site for the sole purpose of using the Site as a personal resource, provided that you maintain any notices contained in the Content, such as all copyright notices, trademark legends or other proprietary rights notices. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying.
7. Copyright Complaints. This website respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact this website the written information specified below:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
8. Linked Sites. This website may contain links to other websites ("Linked Sites"). This website does not operate or control any information, products or services on the Linked Sites, and neither endorses or approves any products or information offered at Linked Sites. You acknowledge and agree that your access or use of any Linked Site is at your own risk.
9. Disclaimer For Harm Caused to Your Computer or Software From Interacting With This Website or Its Contents. Visitor Assumes All Risk of Viruses, Worms, or Other Corrupting Factors. The website assumes no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor's computer. Again, visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his own risk.
10. Disclaimer For Harm Caused By Downloads. Visitor downloads information from this site at their own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.
11. Limitation of Liability. By viewing, using, or interacting in any manner with this site, including banners, advertising, or pop-ups, downloads, and as a condition of the website to allow his lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.
12. Indemnification. Visitor agrees that in the event he causes damage, which the Website is required to pay for, the Visitor, as a condition of viewing, promises to reimburse the Website for all.
13. Submissions. Visitor agrees as a condition of viewing, that any communication between Visitor and Website is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the Website and may be used, without further permission, for commercial use without additional consideration of any kind. Visitor agrees to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit. "Submissions" is also a provision of the Privacy Policy.
14. Notice. No additional notice of any kind for any reason is due Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.
15. Disputes. As part of the consideration that the Website requires for viewing, using or interacting with this website, Visitor agrees to use binding arbitration for any claim, dispute, or controversy ("CLAIM") of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.
Arbitration shall be conducted under the rules of the American Arbitration Association (“AAA”). Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Arbitration shall be filed and Hearing to take place at the office of the AAA nearest to Orange County, CA. Reasonable discovery shall be permitted pursuant to a written discovery plan determined by the arbitrator(s).
In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will be final and binding with limited rights of appeal. Company shall pay all arbitrator fees and hearing fees to the extent they exceed what Borrower would have had to pay if the matter were heard in court. Each party shall bear their own attorneys fees, unless a specific claims statute applies. The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses. The arbitrator(s) shall render a statement of the reasons for the award. Judgment on the award may be entered in any court of competent jurisdiction.
16. Jurisdiction and Venue. If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Viewer, visitor, member, subscriber or customer agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Seller's address.
17. Applicable Law. Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of the state of the Seller.
CONTACT INFORMATION
Hanover Mortgage Company
c/o Investor Relations
2533 Chambers Road
Tustin, CA 92780