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Welcome to the Web site (the
"Site") of Metavante Lending Solutions ("Metavante").
Your access to and use of this Site is subject to the following
terms and conditions ("Site Terms"). BY ACCESSING
AND USING THE SITE, YOU AGREE TO BE BOUND BY THE SITE TERMS,
SO PLEASE READ THEM CAREFULLY. IF YOU DO NOT AGREE TO THE
SITE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE.
The Site Terms may be changed at any time by Metavante,
in its sole discretion. Any changes will be effective upon
posting of the revised Site Terms on the Site, and your continued
use of the Site following the posting of such revised terms
will constitute your acceptance of such changes.
Copyright and Proprietary Rights
Unless otherwise stated, the Site and all software, text,
logos, graphics, design elements, audio, and all other information
and materials originated or used by Metavante in connection
with the Site (the "Proprietary Elements") are the
property of Metavante or its business partners and are protected
by United States copyright, trade secret, and trademark law,
as well as other state and federal laws and regulations. Except
as expressly provided herein, Metavante does not grant any
express or implied rights to you under any patent(s), copyright(s),
trademark(s), trade dress or trade secret information. Accordingly,
unauthorized use of the Site, the Proprietary Elements, or
any other information or material available on or through
the Site may violate patent laws, copyright laws, trademark
laws, trade secret laws, laws pertaining to privacy and publicity
rights, or other laws or regulations. Without limitation of
the foregoing, you may not use any Metavante trademarks
in connection with any goods or services that are not Metavante's, in any manner that is likely to cause confusion
among consumers, or in any manner that discredits or disparages
Metavante. Please be aware that Metavante actively and
aggressively enforces its intellectual property rights to
the fullest extent of the law.
Copyright © 2007 Metavante Corporation. All Rights Reserved.
Metavante also owns a copyright
in the Site as a collective work
and/or compilation, and in the
selection, coordination, arrangement
and enhancement of the Proprietary
Elements.
Site License
Metavante grants you a limited
license to make personal use
only of the Site and the Proprietary
Elements, conditioned on your
continued compliance with these
Site Terms. You may not copy,
reproduce, upload, post, transmit,
print, download, distribute,
sell, republish, sublicense,
transfer, mirror or frame any
part of the Site or the Proprietary
Elements, except that you may
print out or download portions
of the Site or the Proprietary
Elements for your own personal
use or for other uses expressly
permitted by Metavante. You
may not modify or create derivative
works of, or make any commercial
use of, the Site or the Proprietary
Elements without Metavante’s prior
written consent, nor may you
delete any copyright or similar
notice from any contents you
obtain from this Site. Further,
you may not use any meta tags
or any other "hidden text" utilizing
a Metavante name or any Proprietary
Element without Metavante’s prior
written consent.
Privacy Policy
Metavante does not collect individually identifiable information
from you as a visitor to the Site unless you provide it to
us. Nor do we sell or otherwise disclose the names and addresses
of visitors to this Site to unaffiliated third parties. Metavante uses WebTrends Live to analyze traffic to this Site.
WebTrends Live does not collect any personal information such
as names, ages, phone numbers, addresses or e-mail addresses
from visitors to the Site, nor does it create individual profiles
for visitors. However, WebTrends Live does collect certain
anonymous visitor information (like IP addresses, pages visited
and time spent on the web site), and WebTrends Live uses cookies
to enable more accurate anonymous traffic analysis. Unlike
some tracking services, WebTrends Live does not have a database
of individual profiles for each visitor, and WebTrends Live
only collects aggregate data. For more information about WebTrends
Live’s privacy policy applicable to visitors to the
Site, please click here (http://www.webtrendslive.com/privacy_policy.htm).
Communications From You
You agree that any communication or material you transmit
to this Site or to Metavante by electronic mail or otherwise,
including any data, questions, comments, ideas, suggestions,
original or creative materials, or other information (collectively,
"Communication") is submitted without any restrictions
or expectation of confidentiality. Any such Communication
shall be and remain the exclusive property of Metavante
and, subject to the privacy policy described above, may be
used by Metavante in any medium and for any purpose, including
but not limited to reproduction, disclosure, transmission,
publication, broadcast and posting. You specifically waive
any proprietary or moral rights of any kind with respect to
all Communications. Metavante is free to use any Communication
and any ideas, concepts, know-how or techniques contained
therein for any purpose whatsoever, including but not limited
to developing, manufacturing, and marketing products and/or
services, and Metavante shall be under no obligation to
pay you any compensation for any Communication submitted or
to respond to any or your Communications.
Links to Third Party Internet Sites
The Site contains links to third party Internet sites, and
certain third party sites link to the Site. None of such linked
or linking sites are under Metavante’s control, and
Metavante is not responsible for the content, nature or
reliability of any such linked or linking site (or for any
other site linked to in turn by a linked site). The fact that
Metavante maintains a link to another site does not imply
any affiliation with or endorsement of such site or the entity
that sponsors that site. When you follow a link to a third
party’s site, you should be aware that you are leaving
the Site, and that these Terms of Use do not apply to the
third party’s site. You should, therefore, review the
applicable terms of use of the third party site which you
have accessed. Metavante expressly disclaims any sponsorship
of or control over any third party entity, product or service
that is referenced on this Site, and no such reference implies
any affiliation with or endorsement or sponsorship thereof.
You should use your own independent judgment to evaluate the
merits of any third party entity, product or service referenced
on the Site.
Disclaimer and Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENTS
DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR
SOLE RISK. WHILE GHR SYSTEMS USES REASONABLE EFFORTS TO INCLUDE
ACCURATE AND UP-TO-DATE INFORMATION ON THIS SITE, METAVANTE
DOES NOT REPRESENT OR WARRANT THAT THE SITE OR THE MATERIALS
IN THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR
ERROR-FREE. METAVANTE ALSO DOES NOT REPRESENT OR WARRANT
THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. ALTHOUGH METAVANTE MAY MAKE CHANGES
TO THIS SITE, OR TO THE PRODUCTS OR SERVICES DESCRIBED IN
THIS SITE, AT ANY TIME WITHOUT NOTICE, METAVANTE MAKES NO
COMMITMENT TO UPDATE THIS SITE. METAVANTE SPECIFICALLY DISCLAIMS
ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS
IN THE CONTENT OF THIS SITE. YOUR SOLE REMEDY WITH RESPECT
TO ANY PROBLEM WITH THE SITE OR ANY INFORMATION OR OTHER MATERIALS
AVAILABLE ON OR THROUGH THE SITE SHALL BE TO DISCONTINUE YOUR
USE THEREOF. IN NO EVENT SHALL GHR SYSTEMS, OR ANY DIRECTOR,
OFFICER, EMPLOYEE OR AFFILIATE THEREOF, BE LIABLE FOR ANY
SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY
OTHER DAMAGES OF ANY KIND ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OF THIS SITE OR THE INFORMATION OR CONTENT CONTAINED
IN, ACCESSED THROUGH, OR AVAILABLE ON THIS SITE, INCLUDING
BUT NOT LIMITED TO DAMAGES FOR LOSS OF USE, LOSS OF PROFITS,
OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING
BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, EVEN IF METAVANTE OR A METAVANTE AUTHORIZED REPRESENTATIVE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING
THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED TO YOU
"AS-IS" AND "AS AVAILABLE," WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT
LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, COMPATABILITY,
SECURITY, ACCURACY, OR FREEDOM FROM COMPUTER VIRUS. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY
TO YOU; IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE
FULLEST EXTENT PERMITTED BY LAW.
Miscellaneous
These terms and conditions shall be governed by and construed
in accordance with the laws of the Commonwealth of Pennsylvania,
U.S.A., without giving effect to the conflict of law provisions
thereof. Except for allegations that you have infringed or
have threatened to infringe Metavante’s intellectual
property rights, any dispute or controversy between you and
Metavante, or arising under or concerning performance or
breach of these Site Terms, shall be settled by one arbitrator
in binding arbitration, to be held in Philadelphia, Pennsylvania,
U.S.A., under the then-current rules of the American Arbitration
Association. Judgment on the arbitration award may be entered
in any court of competent jurisdiction. In the event that
Metavante alleges that you have infringed or threatened
to infringe Metavante’s intellectual property rights,
then, in addition to any other rights and remedies Metavante
may have, Metavante may seek any preliminary or permanent
injunctive relief from any court of competent jurisdiction.
For such actions, you consent to the exclusive personal jurisdiction
and venue of the state courts located in Chester County, Pennsylvania
and the United States District Court for the Eastern District
of Pennsylvania.
In the event any provision of these Site Terms is determined
to be unlawful, void, or for any reason unenforceable, then
that provision shall be deemed severable from these Site Terms
and shall not affect the validity and enforceability of any
remaining provisions.
If you have any questions regarding the use of the Site,
or its contents you should contact us directly at: mktg@ghrsystems.com
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