Talkonthehill.com offers you, the "User," services that are conditioned
on your acceptance of the terms contained in this agreement and your acceptance
of these terms without modification, conditions, and notices. Your use of Talkonthehill.com
services constitutes your agreement to all such terms, conditions, and notices.
Talkonthehill.com reserves the right to modify in its sole discretion this
agreement and or the Talkonthehill.com web site without providing notification.
You are responsible for regularly reviewing the Agreement.
Please do not visit or use any of the Talkonthehill.com web sites or any page
that is part of the Talkonthehill.com web site if you do not wish to be bound
by these terms of use.
Talkonthehill.com has taken reasonable and appropriate measures to deliver
and disclose your personal information only in accordance with your instructions,
but cannot and does not guarantee that others will not intercept your personal
information you provide. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available or provided
for through the Talkonthehill.com web site.
By submitting an information sheet, you have agreed to have your information sent
to and receive telephone calls, emails, and/or mail from our employees, politicians,
lobbyists, marketers, businesses, other users, and other organizations even
if you are currently on a Do Not Call List or an opt-out email list as well
as agree to the website disclaimers. You are submitting the form for personal
use. You agree to the disclaimers, user agreement and privacy policy.
By submitting a completed information sheet, you certify under penalty of
perjury that you will use the information from the site for your personal use or
for the personal use of a relative or close friend only for obtaining information
and that you will not use such information for the professional or monetary
gain of yourself or any other person or entity in any manner whatsoever that
goes beyond the need for obtaining information for your personal needs. If
you use the information for personal gain financial or otherwise, you hereby
authorize reports concerning your unethical conduct in requesting this information
to be sent to any governmental or industry entity(ies) responsible for or interested
in regulating the conduct of persons engaging in that business and hereby bind your employer, and also agree to be personally responsible, for the reasonable
value of the information obtained as well as for reasonable attorneys fees
and disbursements incurred in collecting it.
Your information may be provided to employees in our company, politicians,
lobbyists, marketing companies, other users, businesses and other organizations
in certain situations. You agree to provide true, complete and accurate information
on your information sheet that our website, employees, politicians, lobbyists,
marketers, businesses, other users and other organizations may keep. You also
agree to refrain from impersonating or falsely representing your affiliation
with any person or entity or posting information known to be false.
-Talkonthehill.com does not endorse or recommend products of any particular
politician, lobbyist, marketer, business or organization.
-Talkonthehill.com is not an agent of you, the User, or any participant of
this site.
-Talkonthehill.com retains the right to remove any information posted on its
website at any time for any reason.
Talkonthehill.com services are administrative only. You should decide for
yourself your opinions and thoughts on any politician and matter as well as
conduct research into the politician and matter through books, newspapers,
interviews or other sources. You agree that your use of the information on
this site is solely your responsibility – whether the information is
valid, outdated, incorrect or other is associated with another issue. You also
agree that Talkonthehill.com shall not be liable for any damages or costs of
any type arising out of or in any way connected with your use of such information
and services.
Information presented by politicians, lobbyists, marketers, businesses, other
users, other organizations, employees, officer(s), owner(s), and others can
reflect and be prejudiced with their beliefs and opinions. Talkonthehill.com
does not guarantee acceptance or accuracy of the User or any information presented
through the website by an employee, politician, lobbyist, marketer, other user,
business, other organization, or other. The User understands that an individual
politician, lobbyists, marketer, business, organization, employee, officer(s),
owner(s), other user or other entity or individual establishes and maintains
their own beliefs whether correct or incorrect as well as valid or invalid.
Talkonthehill.com does not guarantee that any of the participants on this web
site offer correct or incorrect as well as valid or invalid information or
reflect the beliefs of the website, company or its employees or management. Talkonthehill.com reserves the sole
right to remove, suspend or block at any time any information posted on the site
as well as the account posting the information.
The User understands that Talkonthehill.com or any related material contained
herein shall not constitute an endorsement or belief in the accuracy or correctness
of the material. Users use the information at their own risk. Talkonthehill.com
does not charge you, the User, a fee to use our general service. Marketers
and others may potentially pay for the goods, facilities and services provided.
Directors, owners, employees associated with this website may also be involved
in a other entities. Your use of Talkonthehill.com services constitutes your
agreement with this compensation arrangement.
Copyright and trademark notices
All contents of this Web site are: Copyright © 2008 Talkonthehill.com.
All rights reserved.
Disclaimers and limitations
Talkonthehill.com intends to have accurate and reliable information contained
in its web site; however, errors may occur. In addition, Talkonthehill.com
may change and improve the information provided herein at any time. The web
site and the information, products and services are “As Is.” Talkonthehill.com
disclaims any warranty of any kind, whether expressed or implied, as to any
matter whatsoever relating to the web site and any information, products,
and services provided herein, including without limitation the implied warranties
of merchantability, fitness for a particular purpose, title, and non-infringement
use of Talkonthehill.com’s services at your own risk. Use of Talkonthehill.com’s
services is at your own risk. Talkonthehill.com is not liable for any direct,
indirect, punitive, incidental, special or consequential damages or other
injury arising out of or in any way connected with the use of Talkonthehill.com’s
services or with the delay or inability to use the web site or for any information
products or services obtained from the use of the web site, whether resulting
in whole or in part, from breach of contract, tortuous behavior, negligence,
strict liability or otherwise, even if Talkonthehill.com and/or its suppliers
had been advised of the possibility of damages. Some jurisdictions do not
allow the exclusion of implied warranties, so the above exclusion may not
apply to you.
Indemnity
As a condition of use of this web site, you agree to indemnify Talkonthehill.com
and its suppliers, affiliates, executives, employees, participating Lenders,
or other related marketing and mortgage professionals from any and all liabilities,
expenses (including attorneys' fees) and damages arising out of claims resulting
from your use of Talkonthehill.com’s services, including without limitation
any claims alleging facts that if true would constitute a breach by you of
this agreement.
Errors and delays
Talkonthehill.com is not responsible for any errors or delays in responding
to a qualification form or referral form caused by an incorrect e-mail address
provided by you or other technical problems beyond our reasonable control.
Dispute resolution
Any claim or controversy arising out of or relating to the use of Talkonthehill.com’s
services, to the goods or services provided by Talkonthehill.com, or to any
acts or omissions for which you may contend Talkonthehill.com is liable, including
but not limited to any claim or controversy as to arbitrability ("Dispute"),
shall be finally, and exclusively, settled by an arbitration venue in Miami
Dade County, Florida. The arbitration shall be held before one arbitrator under
the commercial arbitration rules of the American Arbitration Association ("AAA")
in force at that time. The arbitrator shall be selected pursuant to the AAA
rules. Should no AAA rule regarding the selection of an arbitrator be in effect,
the consumer shall select an arbitrator from a panel of arbitrators acceptable
to Talkonthehill.com. In any arbitration, the costs associated with the arbitration
shall be paid by the non-prevailing party. To begin the arbitration process,
a party must make a written demand therefore. Any judgment upon the award rendered
by the arbitrators may be entered in any court of competent jurisdiction in
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND TALKONTHEHILL.COM
WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO
TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE
IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS
AND NOT A JUDGE OR JURY.
You are entitled to a fair hearing, but the arbitration procedures are simpler
and more limited than rules applicable in court. Arbitrator decisions are enforceable
as any court order and are subject to very limited review by a court. By using
Talkonthehill.com’s goods and services you consent to these restrictions.
Should a Dispute arise and should the arbitration provisions herein become
inapplicable or unenforceable, or in any instance of any lawsuit between you
and Talkonthehill.com, the parties agree that jurisdiction over and venue of
any suit shall be exclusively in the state and federal courts sitting in
Other terms
This Agreement constitutes the entire agreement between you and Talkonthehill.com
and it supersedes all prior or contemporaneous communications, promises and
proposals, whether oral, written or electronic, between you and Talkonthehill.com
with respect to the web site and information, products and services associated
with it. This Agreement shall be subject to and construed in accordance with
the laws of the State of