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Welcome
to BHM Financial Inc.. We maintain this Web site as
a service to our customers. By using our site, you are agreeing to
comply with and be bound by the following terms of use. Please
review the following terms carefully. They do not alter in any way
the terms or conditions of any other agreement you may have with BHM Financial Inc.
for other services purchased or otherwise obtained from us. BHM Financial Inc.
reserves the right to change or modify any of the terms and
conditions contained in the Site Terms or any policy or guideline of
the Site, at any time and in its sole discretion. Any changes or
modification will be effective upon posting of the revisions on the
Site. Your continued use of this Site following the posting of its
changes or modifications will constitute your acceptance of such
changes or modifications.
BHM
Arbitration Provision
Agreement to Arbitrate all Disputes: By
inducing lender to process borrower’s application for a loan, borrower and lender agree as follows: (1) Any and all claims, disputes or causes of action between borrower and lender (or lender’s employees, officers, directors, agents, servicers or assigns) arising from or relating to borrower’s application for this Loan, or this agreement or any other loan agreement borrower previously has had, or may later obtain, from lender, whether under common law or pursuant to federal, state or local statute, regulation or ordinance, including disputes regarding the matters subject to arbitration, or otherwise, shall be resolved by binding individual (and not joint) arbitration by and under the Code of Procedure of the National Arbitration Forum (“NAF”) in effect at the time borrower’s or any class claim is filed. Any issue as to whether this agreement is subject to arbitration shall be determined by the Arbitrator(s). (2) All disputes regarding collection of any amounts due lender, or allegations of fraud or misrepresentation relating to the entering into of this agreement shall be arbitrated hereunder. The parties agree to be bound by the decision of the arbitrator(s). (3) This agreement to arbitrate all disputes shall apply no matter by whom or against whom the claim is filed. Rules and forms of the NAF may be obtained and all claims shall be filed at any NAF office, on the World Wide Web at www.arb-forum.com, by telephone at 800-474-2371, or at “National Arbitration Forum, P.O. Box 50191, Minneapolis, Minnesota 55405.” (4) borrower’s arbitration fees will be waived by the NAF in the event borrower cannot afford to pay them. (5) Sixty (60) percent of the cost of the arbitrator at a participatory hearing, if one is held at borrower’s or lender’s request, will be paid for by lender and forty (40) percent paid by borrower, and the hearing will take place at a location in the State of Delaware. (6) This arbitration agreement is made pursuant to a transaction involving interstate commerce, and it shall be governed by the Federal Arbitration Act, 9 S.C. Sections 1-16. (7)
Judgment upon the award may be entered by any party in any court having jurisdiction. (8) This agreement to Arbitrate all Disputes is an independent agreement and shall survive the closing, funding, repayment and/or default of the Loan for which borrower is applying.
Agreement Not To Bring, Join or Participate In Class Actions: By clicking the box below and to induce lender to process borrower’s application for a loan, to the extent permitted by law, borrower agrees that borrower will not bring, join or participate in any class action as to any claim, dispute or controversy borrower may have against lender (or lender’s agents, servicers, directors, officers and employees) arising in any way from this agreement or any other loan transaction borrower has had or may have with lender. Borrower agrees to the entry of injunctive relief to stop such a lawsuit or remove borrower as a participant in the suit. Borrower agrees to pay the costs of lender incurs, including lender’s court costs and attorney’s fees, in seeking such relief. This agreement is not a waiver of any of borrower’s rights and remedies in pursue an arbitration claim individually (and not as a class action) in binding arbitration as provided above. This Agreement Not To Bring, Join Or Participate In Class-Actions is an independent agreement and shall survive the closing, funding, repayment and/or default of the loan for which borrower is applying._NOTICE: BORROWER AND LENDER WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND HAVE A JUDGE OR JURY DECIDE THE DISPUTES BUT HAVE AGREED INSTEAD TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION.
Governing Law, Location of Arbitration, Enforceability. This loan agreement shall be construed, applied and governed by the laws of the State of Delaware and the Federal Arbitration Act, and any arbitration action brought by a borrower relating to this agreement shall be heard by an arbitrator located in the State of Delaware. The unenforcability or invalidity of any portion of this agreement shall not render unenforceable or invalid the remaining portions hereof.
BY
ACCESSING, BROWSING, SEARCHING, DOWNLOADING, USING, TRANSACTING
BUSINESS ON-LINE, OR PURCHASING FROM THE SITE, YOU AGREE TO BE BOUND
BY THE TERMS AND CONDITIONS DESCRIBED BELOW AND ALL POLICIES AND
GUIDELINES THAT MAY BE INCORPORATED BY REFERENCE. IF YOU DO NOT
AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT
ACCESS, SEARCH, DOWNLOAD FROM, BROWSE, TRANSACT BUSINESS ON-LINE OR
OTHERWISE USE THIS SITE.
1.
Copyright. The content, organization, graphics, design,
compilation, database information, selection, coordination, and
arrangement of the database, magnetic translation, digital
conversion and other matters related to the Site are protected under
applicable copyrights, service marks and other proprietary
(including but not limited to intellectual property) rights. The
copying, redistribution, use or publication by you of any such
matters or any part of the Site, except as allowed by Section 3, is
strictly prohibited. You do not acquire ownership rights to any
content, document or other materials viewed through the Site. The
posting of information or materials on the Site does not constitute
a waiver of any right in such information and materials.
2.
Service marks. "BHM Financial Inc." and our logo are a service marks of
BHM Financial Inc.. Other service and
company names mentioned on the Site may be service marks of their
respective owners.
3.
Limited Right to Use. The viewing, printing or downloading of
any content, graphic, form or document from the Site grants you only
a limited, nonexclusive license for use solely by you for your own
personal use and not for republication, distribution, assignment,
sublicense, sale, preparation of derivative works or other use. No
part of any content, form or document may be reproduced in any form
or incorporated into any information retrieval system, electronic or
mechanical, other than for your personal use (but not for resale or
redistribution). You may not use or utilize framing techniques to
enclose any service mark, logo or other
proprietary information (including the images found at this Site,
the content of any text or the layout/design of any page or form
contained on a page) without express written consent. Further, you
may not use any meta tags or other "hidden text" utilizing
the BHM Financial Inc. name or service mark without written consent. Any
unauthorized use of this Site will terminate the permission or
license granted by these Site Terms and may violate applicable law
including copyright laws, trademark laws, and communications
regulations and statutes.
4.
Editing, Deleting and Modification. We reserve the right in
our sole discretion to edit or delete any documents, information or
other content appearing on the Site.
5.
Indemnification. You agree to indemnify, defend and hold us
and our principals, attorneys, staff and affiliates (collectively,
"Affiliated Parties") harmless from any liability, loss,
claim and expense, including reasonable attorneys' fees, related to
your violation of these Site Terms or misuse of the Site.
6.
Disclaimer and Limits. THE INFORMATION FROM OR THROUGH THE
SITE IS PROVIDED "AS IS," "AS AVAILABLE," AND
ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT
NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF
TITLE, AND WARRANTY OF NON-INFRINGEMENT). THE INFORMATION AND
SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OMISSIONS, INACCURACIES
OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO
LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN
PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED
PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS
OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF
CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL
ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE
AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION
OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL
RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES
CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT
IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM
USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU
UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY
FOR ANY SERVICES OR INFORMATION.
BHM Financial Inc. RESERVES THE RIGHT TO CHANGE ANY AND ALL CONTENT CONTAINED ON THIS
SITE AT ANY TIME WITHOUT NOTICE. REFERENCE TO ANY SERVICES,
PROCESSES, OR OTHER INFORMATION, BY TRADE NAME, SERVICE MARK, NAME
OF MERCHANT OR BROKER, OR OTHERWISE, DOES NOT CONSTITUTE OR IMPLY
ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF BY BHM Financial Inc..
7.
Miscellaneous. This Agreement shall be treated as though it
were executed and performed in the United States, and shall be governed by and
construed in accordance with the laws of the United States (without
regard to conflict of law principles). Any cause of action by you
with respect to the Site (and/or any information or services related
thereto) must be instituted within one (1) year after the cause of
action arose or be forever waived and barred. The language in this
Agreement shall be interpreted as in accordance with its fair
meaning and not strictly for or against either party. All legal
proceedings arising out of or in connection with this Agreement
shall be brought solely in the courts located in the United States.
You expressly submit to the exclusive jurisdiction of said courts
and consent to extraterritorial service of process. Should any part
of this Agreement be held invalid or unenforceable, that portion
shall be construed consistent with applicable law and the remaining
portions shall remain in full force and effect. To the extent that
anything in or associated with the Site is in conflict or
inconsistent with this Agreement, this Agreement shall take
precedence. Our failure to enforce any provision of this Agreement
shall not be deemed a waiver of such provision nor of the right to
enforce such provision.
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