LIMITED TERMS OF USE

These Limited Terms of Use (“Terms of Use”) apply to all users of the Deephaven Mortgage LLC website found at [link] (the “Site”).

These Terms of Use are a binding legal contract between you and Deephaven Mortgage LLC (“Deephaven”), which sets forth your rights and obligations with respect to the Site, including important limitations and exclusions. In addition to these Terms of Use, your use of the Site also is subject to the Deephaven Online Privacy Statement, which is available at [link] (“Privacy Statement”).

  1. Legally Binding Agreement. Please read these Terms of Use carefully before accessing or using the Site. By using this Site, you expressly agree to be bound by the terms and conditions herein, as of the date of your use (the “Effective Date”). Your use of the Site always is subject to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Site. You agree that your use of the Site always will be subject to the most current version of these Terms of Use at the time of such use. The Site is intended for use only by users who are at least 18 years of age.
  2. Exclusivity to the Site. These Terms of Use apply only to your use of the Site. Deephaven or its affiliated companies may have other terms of use and privacy policies governing the services provided and information collected via other web sites. Some third party web sites or other such resources may be linked to or embedded in the Site (“Affiliate Sites”). These Affiliate Sites may have their own terms of use and privacy policies, which Deephaven does not control and are not addressed by these Terms of Use. Deephaven does not monitor, endorse or guarantee, and assumes no responsibility for, Affiliate Sites or any transactions or information you may undertake or receive from Affiliate Sites. Deephaven HAS NO CONTROL OVER AFFILIATE SITES OR THE CONTENT, TRANSACTIONS OR SERVICES WITHIN THEM. Deephaven CANNOT AND DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE CONTENT CONTAINED IN THE AFFILIATE SITES, INCLUDING OTHER LINKS, IS ACCURATE, LEGAL OR INOFFENSIVE. Deephaven HAS NO LIABILITY FOR AFFILIATE SITES’ FAILURE TO PERFORM OR ANY ERRORS IN OR OMISSIONS REGARDING ANY INFORMATION WITHIN AFFILIATE SITES. Deephaven DOES NOT REPRESENT OR WARRANT THAT AN AFFILIATE SITE WILL NOT CONTAIN COMPUTER VIRUSES OR OTHER HARMFUL CODE THAT COULD IMPACT YOUR COMPUTER OR OTHER WEB ACCESS DEVICE. Deephaven DISCLAIMS ANY AND ALL LIABILITY FOR, OR IN CONNECTION WITH, ANY TRANSACTION OR ACTIVITY RELATED TO AFFILIATE SITES. If you have a specific dispute or concern related to the content, product or services that needs to be addressed by an Affiliate Site, you should contact the Affiliate Site and not Deephaven.
  3. Access Controls. You are responsible for maintaining the confidentiality of any login names and passwords assigned to you and you accept responsibility for all activities, charges and damages that occur under your account, to the fullest extent permitted by law. You also agree to exit completely from your account at the end of each online session. If you have reason to believe that someone is using your account without your permission, you should contact Deephaven immediately. Deephaven will not be responsible for any loss or damage resulting from your failure to notify Deephaven of unauthorized use, or loss or damage you may incur as a result of someone else using your account, either with or without your knowledge. If Deephaven requests registration information from you, you must provide Deephaven with accurate and complete information upon registration and must update the information promptly when it changes.
  4. Acceptable Use. Deephaven hereby grants you a limited, non-exclusive, non-transferable and revocable right to access and use this Site. The Site has been designed to present Content (as defined in Section 10) in a unique format and appearance. Unless Deephaven gives you permission, you agree not to access the Site using any interface other than the Deephaven interface or download or reproduce any Content from the Site. Deephaven may deny permission to link to the Site for any reason in the sole discretion of Deephaven, and you must be able to edit or delete promptly links that you create, upon the request of Deephaven. You may not use the Site for anything other than a lawful and legitimate purpose. Regardless of the location from where the Site is used or accessed, you agree to comply with all applicable U.S. and other laws, regulations, statutes and ordinances in connection with the use of the Site. Examples of prohibited uses include, without limitation:
    1. violating any proprietary, publicity, privacy or other right;
    2. disclosing confidential or proprietary information without proper authorization;
    3. downloading or otherwise exporting programs or content from the Site in violation of U.S. export laws or intellectual property laws;
    4. transmitting, storing or knowingly receiving any obscene or pornographic material or engaging in any misleading, tortious, defamatory, libelous or offensive activity;
    5. linking to the Site from a site that Deephaven deems, in its sole discretion, to be objectionable;
    6. framing the Site, displaying the Site in connection with an unauthorized logo or mark or do anything that could falsely suggest a relationship between Deephaven and any third party or potentially deprive Deephaven of revenue (including revenue from advertising, branding or promotional activities);
    7. transmitting, collecting or accessing personally identifiable information about other users without the consent of those users and Deephaven;
    8. engaging in unauthorized spidering, “scraping” or harvesting Content, contact or other personal information, or using any other unauthorized automated means to compile information;
    9. impersonating any person or entity or otherwise misrepresenting your affiliation or the origin of materials you transmit;
    10. defeating any access controls, accessing any portion of the Site that Deephaven has not authorized you to access (including password-protected areas), linking to password-protected areas, attempting to access or use another user’s account or information or allowing anyone else to use your account or access credentials; and
    11. using the Site to advertise or promote goods or services without permission.

    In addition, you agree not to attempt to damage, deny service to, hack, crack, reverse-engineer, disrupt, attack, flood, spam or otherwise interfere in any way (“Interfere”) with the operation of the Site or related information systems. If you in any way Interfere with the Site or the operation of the Site, you agree to pay all damages incurred by Deephaven and its licensors or providers, including any consequential damages, that result from the Interference. Your Interference with the Site is a material breach of these Terms of Use and relieves Deephaven of any of its contractual or other legal obligations to you, including the obligations of Deephaven (including its confidentiality obligations) under these Terms of Use or any other agreement between you and Deephaven related to this Site. Deephaven will cooperate with the authorities in prosecuting anyone who Interferes with the Site, or attempts to defraud any person through the Site or the information obtained from the Site. YOU AGREE NOT TO CIRCUMVENT, OR FACILITATE A THIRD PARTY IN THE CIRCUMVENTION OF, ANY OF THE SITE’S PRIVACY OR SECURITY MEASURES.

  5. USER SUBMISSIONS. Portions of the Site allow (or may allow in the future) you to submit or transmit information, text, graphics, photos, moving images, audio, video or other materials (collectively, “User Submissions”) to or through the Site. When you provide User Submissions, you grant to Deephaven and its affiliates and partners a non-exclusive, worldwide, royalty-free, fully sublicenseable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information where part of a User Submission, in any form, media, software or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing and marketing products. You hereby waive any moral rights you may have in your User Submissions. Deephaven respects your ownership of User Submissions. If you owned a User Submission before providing it to Deephaven, you will continue owning it after providing it to Deephaven, subject to any rights granted under these Terms of Use and any access granted to others. Terminating your account on the Site will not impact any of the rights of Deephaven to any of the User Submissions. Deephaven may refuse or remove a User Submission without notice to you. However, Deephaven has no obligation to monitor User Submissions, and you agree that neither Deephaven nor its affiliates, employees or agents will be liable for User Submissions or any loss or damage resulting from User Submissions. Except as provided in the Privacy Policy, Deephaven does not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from disclosure to others. You represent and warrant that you have all rights necessary to grant to Deephaven the license above.
  6. SUPPORT. Deephaven will endeavor to keep the Site online and available. However, difficulties with hardware, software, network connections, equipment and services may result in service interruptions. In no event will Deephaven be liable to any party for any loss, cost or damage that results from any period of down time of the Site.
  7. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY AND ALL INFORMATION CONTAINED ON OR OBTAINED FROM THE SITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. DEEPHAVEN DOES NOT WARRANT THAT THE SITE (a) CONTAINS ACCURATE INFORMATION, (b) WILL BE FREE FROM BUGS, DEFECTS OR ERRORS OR ACCESSIBLE WITHOUT INTERRUPTION OR (c) WILL CONTINUE TO BE AVAILABLE, OR THAT SITE DEFECTS WILL BE CORRECTED. DEEPHAVEN MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTY OR REPRESENTATION, WHETHER ORAL, WRITTEN OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, USEFULNESS, TIMELINESS OR COMPLETENESS OF ANY INFORMATION PROVIDED HEREON. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
  8. LIMITATION OF LIABILITY. YOUR USE OF THE SITE AND THE INFORMATION THEREON IS ENTIRELY AT YOUR RISK. DEEPHAVEN WILL NOT BE RESPONSIBLE FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH THE SITE, YOUR USE THEREOF OR ANY OF THE USER SUBMISSIONS, INFORMATION, DATA OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON THE SITE, OR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS OR LOSSES RESULTING THEREFROM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF DEEPHAVEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. THE AGGREGATE LIABILITY OF DEEPHAVEN FOR ALL CLAIMS AND DAMAGES RELATED TO THIS AGREEMENT, WHETHER BASED ON AN ACTION IN CONTRACT, EQUITY, NEGLIGENCE, TORT OR OTHER THEORY, WILL NOT EXCEED $100. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST DEEPHAVEN FROM LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542 WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” Some states do not allow the foregoing limitations of liability, so they may not apply to you.
  9. CHANGES TO TERMS OF USE. Deephaven may change these Terms of Use from time to time. If Deephaven makes any change to these Terms of Use, Deephaven will notify you of the change in these Terms of Use by sending you an email message to the email address you most recently provided to Deephaven, by providing you with the updated Terms of Use for your acceptance as described in Section 1, and/or by posting an updated version of the Terms of Use on the Site. Upon accessing the Site after notification or publication or a revised Terms of Use, you accept these Terms of Use as modified by continuing to use the Site. You can always find the current version of these Terms of Use by checking [link]. You should do so frequently.
  10. COPYRIGHT. Deephaven retains all rights with respect to the Site. Except as otherwise provided in Section 5 with respect to User Submissions, all content included or available in connection with the Site, including text, pictures, graphics, logos, images, works of authorship, computer code, look and feel, trade dress, technical information, animations, and other content, as well as available features or services discussed, referenced, provided or offered through or on the Site (collectively with all information and material about Deephaven, “Content”) and the selection and arrangement thereof, are the sole and exclusive property of Deephaven or its licensors. However, you are free to view, copy, print and distribute the Content as long as:
    • The Content is used for personal, non-commercial purposes only; and
    • Copies of the Content include all applicable copyright notices.

    Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of Deephaven or any third party.
    THE CONTENT RELATED TO DEEPHAVEN IS THE PROPRIETARY PROPERTY OF DEEPHAVEN, OR DEEPHAVEN LICENSORS, AND IS PROTECTED BY U.S. AND INTERNATIONAL COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, YOU AGREE NOT TO DUPLICATE, TRANSLATE, PUBLISH, DISTRIBUTE, PERFORM, DISPLAY, MODIFY, EXTRACT DATA FROM OR OTHERWISE EXPLOIT ANY OF THE CONTENT. YOU AGREE NOT TO FRAME, OR ASSIST THIRD PARTIES IN FRAMING OR LINK INTO ANY OF THE WEB PAGES CONTAINED ON THE SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF DEEPHAVEN. SUCH FRAMING OR LINKING IS STRICTLY PROHIBITED UNDER THESE TERMS OF USE.
    All Content is: Copyright © 2015 Deephaven Mortgage LLC or its licensors. All rights reserved.

  11. TRADEMARKS. The trade name, logos, emblems, insignia, names of products and the trademarks of Deephaven (“Trademarks”) are the intellectual property of Deephaven. The Trademarks and other logos and trademarks that appear throughout the Site belong to Deephaven, its affiliates or third party trademark owners, and are protected by U.S. and international trademark laws. Without the express prior written permission of Deephaven, you agree not to display or use in any manner the Trademarks. The domain name for this Site, all page headers, custom graphics, and button icons are service marks, trademarks, logos or trade dress of Deephaven. Nothing on the Site shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of Deephaven, its affiliates or licensors or any third party, whether by estoppel, implication or otherwise. The names of actual companies and products listed on the Site may be the intellectual property of their respective owners.
  12. SITE ACCESS AND ACCOUNT DELETION. Deephaven may take any of the following actions in its sole discretion at any time and for any reason without giving you prior notice: (a) restricting or terminating your access to the Site; (b) changing or discontinuing the Site; (c) deactivating your accounts and deleting all related information and files in your accounts; or (d) providing information concerning you and your activities to comply with applicable laws, to respond to court orders, subpoenas or other lawful requests, to protect your safety or that of another person, to protect the security of the Site, as otherwise described in the Privacy Policy, and/or for other lawful purposes. Deephaven will not be liable to you or any third party for taking any of these actions and Deephaven will not be limited to the remedies above if you violate these Terms of Use. If you do not agree to these Terms of Use, you should immediately stop using the Site. If you want to delete your account, please use contact instructions posted on the Site. These Terms of Use will survive any termination of your access to the Site, whether Deephaven terminates your access or you voluntarily discontinue your use.
  13. MOBILE DEVICE TERMS. The following terms apply to persons accessing this Site through a mobile device:
    • Your wireless provider may charge for use of this Site, including fees for receipt of text messages or data transmission. These fees are not charged by Deephaven, and you should contact your wireless provider to determine what fees, if any, will be charged.
    • You may not transfer or copy, without permission, any Content from the wireless device on which you originally received Content to any other device, including, without limitation, any computer or another wireless device.
  14. REMEDIES AND CORRECTIVE ACTION. Deephaven reserves the right to take any or all action it may deem appropriate in its sole discretion with respect to violations or enforcement of these Terms of Use, and expressly reserves all rights and remedies available to Deephaven at law or in equity. Subject to obligations of Deephaven under a user agreement, Deephaven reserves the right to prevent access to the Site to you or any other user for any reason, at any time, at the reasonable discretion of Deephaven.
  15. GOVERNING LAW. These Terms of Use shall, for all purposes, be construed, governed by and enforced solely and exclusively in accordance with the laws of the State of North Carolina, without giving effect to its conflict of law provisions or your actual state of residence. You hereby agree that the courts located in the State of North Carolina will constitute the sole and exclusive forum for the resolution of any and all disputes arising out of or in connection with these Terms of Use and you hereby irrevocably consent to the personal jurisdiction and venue of such courts and irrevocably waive any objections thereto. You hereby irrevocably consent to service of process for all actions in such courts. Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Site or these Terms of Use within one year after such claim or action accrued. Otherwise, you will waive the claim or action.
  16. NOTICE. Deephaven may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon Deephaven posting them on the Site or delivering them to you via email. You may update your email address by visiting the Site. If you do not provide Deephaven with accurate information, Deephaven will not be responsible for failure to notify you.
  17. SEVERABILITY AND WAIVER. If any provision of these Terms of Use is held to be invalid or unenforceable, the remainder of these Terms of Use will continue to be valid and enforceable to the maximum extent allowed under applicable law. The failure of Deephaven to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
  18. INDEMNIFICATION. You acknowledge that Deephaven does not endorse, or act in a representative capacity and is not responsible or liable for or on behalf of you, any Affiliate Site, other user or other third party. To the maximum extent allowed by applicable law, you agree to defend, indemnify and hold harmless Deephaven, its subsidiaries, affiliates, agents, representatives, and licensors, from and against all suits, proceedings, losses, liabilities and expenses, including attorneys’ fees, whether in tort, contract or otherwise, which arise out of or relate to your breach of any term, acknowledgement or warranty in these Terms of Use or any activity by you in relation to the Site, User Submissions or use of the Content.
  19. NOTICE AND TAKEDOWN PROCEDURES; PROHIBITED USE. You agree to respect the intellectual property rights and other rights of Deephaven and third parties. If you believe that any User Submission or any Content on the Site infringes your copyright or that of any third party or is defamatory, please notify our designated agent in accordance with Deephaven’s Notice Procedure for Making Claims of Copyright Infringement in Section 20 below. After receiving notice, Deephaven may remove or disable access to any infringing or defamatory material. As further described in Section 12 above, Deephaven has the right to terminate any account or right of access at any time, including for infringement of Deephaven’s or another party’s rights.
  20. Procedure for Making Claim of Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act (the “Notification”), to our Designated Agent, who can be reached as follows:

    DMCA Designated Agent:

     

    F.M. Pinckney

    Phone: (704) 628-4100

    Fax: (888) 511-7351

    Email: contact@deephavenmortgage.com

     

    Deephaven Mortgage LLC

    3440 Toringdon Way, Suite 200

    Charlotte, North Carolina 28277

    All of the content included in this site is subject to the copyright laws of the United States and other applicable jurisdictions and Deephaven or its suppliers owns all the copyright rights associated with this content. All rights reserved. Pursuant to Title 17, United States Code, Section 512(c)(2), notification of claimed copyright infringement should be sent to the Designated Agent listed above. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE. ALL OTHER INQUIRIES NOT COPYRIGHT RELATED, SUCH AS REQUESTS FOR PRODUCT INFORMATION, EMPLOYMENT, ETC. MUST BE SENT TO THE FOLLOWING CONTACT: contact@deephavenmortgage.com.
    See Notice for Claims of Copyright Infringement
    Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:

    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Deephaven to locate the material.
    4. Information reasonably sufficient to permit Deephaven to contact the complaining party, such as an address, telephone number, and, if available, an email address.
    5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.

  21. Entire Agreement. In addition to these Terms of Use, additional or different terms and conditions (“Other Terms”) may apply in connection with certain types of available features or Content from Deephaven, its subsidiaries, or its affiliates. If applicable, such Other Terms will be set forth (a) in a separate agreement executed by you and Deephaven or (b) in a link adjacent to the website permitting access to such available features or Content. You should carefully review all Other Terms, as applicable, before accessing and using such available features and Content. Any such Other Terms are incorporated into and made a part of these Terms of Use by reference. In the event these Terms of Use conflict with the Other Terms, the Other Terms shall control.
  22. NO AGENCY RELATIONSHIP. Neither these Terms of Use, nor any Content, materials or features of this Site create any partnership, joint venture, employment or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.
  23. ASSIGNMENT. You may not assign or transfer these Terms of Use directly or indirectly without the prior written consent of Deephaven. These Terms of Use are assignable by Deephaven. Any attempted assignment or delegation in violation of this Section 23 will be null and void.
  24. REFERENCES. References to and mentions of the word “including” or the phrase “e.g.” mean “including, without limitation.”
  25. PRIVACY POLICY. Deephaven recognizes the importance of protecting the privacy of Site users and wishes to provide efficient and relevant information to such users. In order to serve its customers, Deephaven collects and analyzes information provided by you when using the Site. Our Privacy Policy describes Deephaven’s information practices and procedures for personal information we collect at this Site. We strongly urge you to read our Privacy Policy, which is available at this link.
  26. HOW TO CONTACT US. If you have any questions about these Terms of Use or would like to learn more about Deephaven, please contact Deephaven at contact@deephavenmortgage.com.