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DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY SOLICO, LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. SOLICO, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS 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.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SOLICO, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOLICO, LLC DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT  ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOLICO, LLC FURTHER DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES: (A) THAT SERVICE WILL BE CONTINUOUS, UNINTERRUPTED AND/OR ERROR-FREE; (B) CONCERNING THE QUALITY, CREDITWORTHINESS, IDENTITY OR RELIABILITY OF ANY BUYER OR SELLER AND WHETHER ANY PARTY OR ACCOUNT SHOULD DO BUSINESS WITH ANY BUYER OR SELLER; (C) AS TO THE ACCURACY OF POSTINGS OF BIDS OR OFFERS MADE ON THE SYSTEM BY OR ON BEHALF OF ANY PARTY OR AN ACCOUNT; AND (D) AS TO THE PERFORMANCE OF ANY SERVICE BY ANY AGENT RELATED TO TRANSACTIONS ON THIS SITE. SOLICO, LLC DOES NOT GUARANTEE THE ACCURACY OF OR PROMOTE OR ENDORSE ANY INFORMATION POSTED ON THE SYSTEM BY ANY PARTICIPANT OR USER. SOLICO, LLC EXPRESSLY DISCLAIMS ANY RESPONSIBILITY TO SCREEN, FILTER OR MONITOR THE CONTENT OF THE SYSTEM OR LINKS TO OTHER WEB SITES. NOTWITHSTANDING THE ABOVE, SOLICO, LLC MAY TAKE ANY ACTION WITH RESPECT TO ANY INFORMATION POSTED ON THE SYSTEM AS IT DEEMS NECESSARY OR APPROPRIATE IN ITS SOLE DISCRETION.

SOLICO, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

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, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

Each User shall indemnify, release, defend, and hold harmless Solico LLC, LoanSelect.us and its affiliates against any claims, demands, liabilities and damages (including attorneys’ fees) incurred by each of them concerning, arising out of, or in connection with: (a) use of the Site and/or Services offered therein; (b) any agreement by the User to buy or sell a product or service on the Site; (c) any failure by any User to perform on any obligation under a contract made through the Site and/or Services offered therein; (d) any breach or default by any User under these Conditions of Use or the User’s failure to otherwise comply with or perform its obligations arising under or by reason of this Agreement; (e) the failure of any representation made by any User to be true, accurate and correct as of the date that each Transaction is entered into; (f) any User or other party changing, modifying or tampering with in any way the software or functionality of the system; (g) any dispute arising between the User and any (i) other User or their agent or common carrier used in connection with any Transaction made on the system; and (i) any User’s failure to comply in all respects with applicable Laws arising out of or relating to use of this Site and/or services therein.

The User’s failure to acknowledge or diligently pursue its indemnification obligations under this paragraph shall not relieve the User of such obligations.

 

Copyright © 2004-2005, Solico, LLC. All Rights Reserved.