Last Update: January 5, 2021
By completing the form to which these terms are linked and/or sending us your details, you hereby agree to these terms, which govern any use by you of the company’s services and/or the company’s platform at: www.topsmartmortgage.Com (the “platform”) and/or any transactions that you may engage in through the company’s services and/or the platform with any third party.
You acknowledge that you have read, understand, and agree with these terms. If you do not wish to be bound by these terms or if you don’t agree with any of the terms in these terms, please do not access or use the platform, do not complete the form and do not send us your details.
The company operates the platform in order to provide services to its business partners and to consumers. The consumers are using the company’s service to receive commercial offers from the company’s business partners in various types of industries.
The company’s business partners use the platform to purchase consenting leads in order to approach them with commercial offers. Once you have provided us with the information needed in order to complete the registration to the company’s service (by filling in the online form to which these terms are linked), the company will attempt to match your request with the appropriate business partner.
The company may, at its sole and absolute discretion, change or terminate its services or any part thereof and/or restrict you from participating in its services for any reason whatsoever without any liability.
2. Intellectual property rights
The platform, the company’s service and any content or information included in them, including without limitations, the online form to which these terms are linked, and any domains, source code and object code, trademarks, logos, images, text, video, data and/or other content (“Content”) are and shall remain the exclusive property of the company are protected by copyrights or other proprietary rights worldwide.
The company does not provide any products or services other than the services described in these terms. In addition, the company does not endorse any product or service (or any business partner) that has contacted you with a commercial offer after purchasing your information.
The company does no guarantee that following your joining to the company’s service, any commercial offers will be provided to you and is not responsible in any way to the conduct, quality of services or products or any other features or characteristics of the business partners’ activity.
The company does not guarantee that the platform and its services will be uninterrupted or error-free or that they will be available at any time. In addition, the company does not make any warranty as to the accuracy, completeness or reliability of any information included in the platform and the services (including in the online form to which these terms are linked).
The company’s service and the platform are being provided on an “As is” and on an “as available” basis.
The company makes no representations or warranties of any kind, express or implied, as to the operation of the platform and the service, as to any content on the platform and the service and as to any products and services offered by any business partner or any other third party.
To the fullest extent permissible under applicable law, the company expressly disclaims all warranties, express or implied, of any kind, including without limitations any warranties of merchantability, accuracy of information, quality, title, fitness for a particular purpose, and non-infringement.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction’s law applies to these terms.
4. Limitation of liability
The company shall not be liable for any damage, loss or expense of any kind arising out of or resulting from your use or inability to use the platform or the service or any products or services offered to you by any business partner or any other third party.
In no event shall the company be liable to you for any direct, indirect, special, incidental, consequential or punitive damages (including, without limitation, loss of profits, loss or corruption of data, computer failure or interruption of business), arising out of or in connection with the above, regardless of whether the company has been advised of the possibility of such damages.
Because some states do not allow the limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Any claim must be commenced within one year after the claim or cause of action arises.
You shall defend the company, its affiliates and their shareholders, employees, officers, and directors (together, the “indemnified parties”) from and against third party claims, actions, and demands arising from or related to your use of the company’s service and/or the platform or any breach of law or regulation by you and you shall indemnify and hold the indemnified parties harmless against any damages, reasonable attorneys’ fees, and costs awarded against the indemnified parties as a result of, or for any amounts paid by the indemnified parties under any settlement of any claims against the company.
7. Term and termination
The term of your engagement with the company shall commence upon using the company’s service, including completing any forms or providing us with any information about you and shall continue without limitations until terminated by the company in its sole and absolute discretion.
These terms is governed by and shall be construed in accordance with the laws of united state if you access this service from outside the united states, you will be responsible for compliance with all local laws.
You agree to comply with all laws and regulations applicable to your use of this service. Any dispute arising from or related to these terms shall be resolve by the competent courts in united state.
The company’s service is limited to natural persons residing in the united states and are at least 18 years of age.
These terms constitute the entire and exclusive agreement between us with respect to use of the company’s services and/or the platform.
If for any reason a court of competent jurisdiction finds any provision of these terms to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms, and the remainder of these terms shall continue in full force and effect.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
We may revise these terms at any time and you agree to be bound by the revised terms. Any such modifications will become effective upon the date they are first posted on the service and/or the platform.
You agree to be bound by any affirmation, assent, or agreement you transmit through this services, including but not limited to any consent you give to receive communications from the company and/or any third party, solely through electronic transmission.