TERMS AND CONDITIONS
Date of most recent update Feb 2nd, 2024
Introduction And Scope Of Policy
This Terms of Use Policy (“Policy”) applies to your interaction with the hawkinshomeloans.com website or any related online or mobile site or application that Hawkins Home Loans, Inc. (“Hawkins”) owns and controls
(collectively the “Site”). The use of the Site and any of the services provided by Hawkins Home Loans, Inc. in connection with the Site (“Services”) are being provided to you expressly subject to the terms and conditions contained in this Policy.
By using the Site or interacting with a Hawkins Home Loans, Inc. advertisement or page or account on a third party site, you consent to this Policy, including your consent to our use and disclosure of information about you in the manner described in this Policy.
By accessing, visiting, browsing, or interacting with any part of this Site, you agree that you are at least 18 years of age and that you have read, understand, and agree to be bound by all of the terms of this Policy. From the Site, Hawkins Home Loans, Inc. does not knowingly collect personal information from individuals under the age of 18 without obtaining verifiable consent from their parents.
If Hawkins Home Loans, Inc. makes updates to this Policy, Hawkins Home Loans, Inc. will update the Policy with the changes and revise the “date of most recent update” posted at the top of this Policy. Any updates to the Policy become effective when Hawkins Home Loans, Inc. posts the updates on the Site. Your use of the Site following the update to the Policy means that you accept the updated Policy.
You understand and agree that effective use of this Site may require your browser to use software plug-ins and modules in order to correctly display content and utilize features on the Site. YOU ACKNOWLEDGE THAT NEITHER HAWKINS HOME LOANS, INC. NOR ANY OF ITS RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANTS THAT USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE. FURTHERMORE, NONE OF THE AFOREMENTIONED PARTIES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE EXPERIENCED FROM USE OF THE SERVICES OR THIS SITE, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF ANY OF THE INFORMATION, SERVICES, OR MERCHANDISE PROVIDED THROUGH THE SERVICES AND THE SITE OR ANY SITE CONNECTED TO THIS SITE VIA HYPERLINK OR OTHERWISE. THIS DOES NOT AFFECT ANY MANUFACTURER’S WARRANTIES THAT THE PROVIDERS OF THE LINKED SITES OTHERWISE MAY OFFER.
EXCEPT AS SPECIFICALLY PROVIDED IN THIS POLICY OR WHERE THE LAW REQUIRES AN ALTERNATIVE STANDARD, YOU AGREE THAT HAWKINS HOME LOANS, INC. IS NOT RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE, ACCIDENT OR INJURY CAUSED EITHER BY ACCESS TO OR USE OF THE SERVICES OR THE SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, HAWKINS HOME LOANS, INC. WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, ECONOMIC, OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION OR USE OF THE SERVICES, THE SITE, BROWSER SOFTWARE, AND THE LIKE. THIS INCLUDES ANY LIABILITY ASSOCIATED WITH ANY COMPUTER VIRUSES, “MALWARE” AND THE LIKE WHICH MAY INFECT YOUR COMPUTER SYSTEM.
Access, Registration, And Submissions Of Information
In order to access this Site or some of the resources offered herein, you may be invited to register personal or business information. This will allow Hawkins Home Loans, Inc. to tailor its Services to your personal needs and alert you to other products and Services that may be helpful to you and/or your business.
Your continued use of this Site is conditioned upon the correct, current, and complete provision of any such information. If Hawkins Home Loans, Inc. believes that the information you provide is not correct, current, or complete, Hawkins Home Loans, Inc. retains the right to refuse you access to this Site or to any of its resources, and to terminate or suspend your access at any time and without prior notice.
As a convenience to you, any information you provide through this Site may be kept in a profile for you and/or your business. This profile and any of the information you provide will be protected to the extent described in our Privacy Policy.
If you are enrolled in any online services provided by Hawkins Home Loans, Inc., your use of those Services is governed by the agreement executed upon consummation of your enrollment (the “Online Services Agreement”), which incorporates this Policy by reference. If there is any conflict between this Policy and the Online Services Agreement, the Online Services Agreement controls.
You hereby grant to Hawkins Home Loans, Inc. the royalty-free, perpetual, irrevocable, complete, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute, and display all content, remarks, suggestions, ideas, or other information communicated by you to Hawkins Home Loans, Inc. through this Site, (collectively, “Submissions”), and to incorporate any Submissions in other works in any form, media, or technology now known or later developed. Notwithstanding the provisions set forth in the Privacy Policy, Hawkins Home Loans, Inc. will not be required to treat any Submission as confidential, and may use any Submission in its business without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Hawkins Home Loans, Inc. operations.
Hawkins Home Loans, Inc. reserves the right to modify or terminate the Services and this Site or to modify or terminate your access to the Services and Site, in whole or in part, at any time and without prior notice.
Restrictions On Use
You may use this Site for purposes expressly permitted in this Policy.
As a condition of this Policy, you warrant to Hawkins Home Loans, Inc. that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices or state or federal law.
You may not participate in or authorize any party to participate in activities including but not limited to co-branding, framing, or hyperlinking to this Site without the express prior written permission of an authorized representative of Hawkins Home Loans, Inc. “Co-branding,” for the purposes of this Policy, means the display of a name, logo, trademark, or other means of attribution or identification of one party in such a manner as is reasonably likely to give a viewer the impression that such other party has the right to display, publish, or distribute content from or accessible within this Site. You may not use the Site or Services in any way which could disable, overburden, damage, or impair the Site, or interfere with any other party’s use and enjoyment of the Site.
This Site is for your personal and non-commercial use, except where otherwise specified. You may not use this Site for any purpose other than those specifically allowed in this Policy. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to this Site. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the
Site.
Trademarks, Copyrights, And Other Proprietary Information
All of the pages, screens, material, and content accessible from this Site (the “Content”) is the proprietary information of Hawkins Home Loans, Inc. or the party that provided or licensed the Content to Hawkins Home Loans, Inc., whereby Hawkins Home Loans, Inc. or the providing party retains all rights, title, and interest in the Content. The Content is protected by United States copyright laws and international treaties. The Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Hawkins Home Loans, Inc..
The above provisions do not affect your right to print a copy of the Content solely for personal use. In doing so, however, you may not remove, alter, or cause to be removed or altered, any trademark, trade name, service mark, or other proprietary notice or legend appearing on the Content. Modification or use of the Content except as expressly provided in this Policy is a violation of Hawkins Home Loans, Inc’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by granting you access to this Site. Trademarks, service marks, logos, and copyrighted works appearing on the Site are property of Hawkins Home Loans, Inc. or the party that provided the trademarks, service marks, logos, or copyrighted works to Hawkins Home Loans, Inc. Hawkins Home Loans, Inc. and such parties retain all rights associated with any of the respective trademarks, service marks, logos, and copyrighted works appearing on the Site.
If you believe in good faith that materials available on this or any other Hawkins Home Loans, Inc. Site infringe your copyright, you may send Hawkins Home Loans, Inc. a notice requesting removal of such material. If you believe in good faith that Hawkins Home Loans, Inc. or one of its third – party affiliates has wrongfully filed a notice of copyright infringement against you related to this Site, the Digital Millennium Copyright Act provides that you may send to Hawkins Home Loans, Inc. a counter – notice. Details on notices and counter-notices are available on the United States Copyright Office website at www.copyright.gov.
The Site may be hyper-linked to other sites which are not maintained by or related to Hawkins Home Loans, Inc. Such hyper-links are provided as a Service to users and are not sponsored by or affiliated with Hawkins Home Loans, Inc. Hawkins Home Loans, Inc. has not reviewed any or all of such sites and is not responsible for the content of those sites.
Use Of Communication Services
The Site may contain or provide access to forums, bulletin or chat services, message boards, and/or other message or communication facilities (collectively, “Communication Services”). Hawkins Home Loans, Inc. makes no warranty that these Communication Services will be available at any particular time or will be free of fault or error. These Communication Services are provided as a convenience to facilitate your understanding and use of Hawkins Home Loans, Inc. ’ products and services. You will not use these Communication Services to send any abusive, defamatory, dishonest, or obscene message, to transmit any proprietary material belonging to another party, that violates any law or may be considered to violate any law, or that advertises or engages in commercial activity. Violation of this section may result in terminating your use of the Communication Services.
Hawkins Home Loans, Inc. reserves the right to monitor use of this Site to determine compliance with this Policy, as well as the right to remove or refuse any information for any reason. Hawkins Home Loans, Inc. reserves the right to terminate your access to any and/or all Communication Services at any time, for any reason, and without advance notice. Hawkins Home Loans, Inc. also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process of governmental request, or to edit or remove any information transmitted through the Communication Services, in whole or in part, in its sole discretion. Materials submitted through a Communication Service may be subject to limitations on use, reproduction, and dissemination and you are responsible for abiding by such limitations.
Notwithstanding the above provisions, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Hawkins Home Loans, Inc. nor any third party affiliate of Hawkins Home Loans, Inc. will assume any liability related to any action or inaction by Hawkins Home Loans, Inc. or such third party with respect to your submissions and use of the Communication Services. Hawkins Home Loans, Inc. specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Hawkins Home Loans, Inc. spokespersons, and their views do not necessarily reflect those of Hawkins Home Loans, Inc.
Limitations On Liability
Hawkins Home Loans, Inc. , its subsidiaries, affiliates, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages. Even if Hawkins Home Loans, Inc. has been advised of the possibility of such damages, in no event will the collective liability of Hawkins Home Loans, Inc. and its subsidiaries, affiliates, employees, agents, officers, and directors to any party exceed the greater of $100 or the amount you have paid to Hawkins Home Loans, Inc. for the applicable content or service out of which liability arose.
You will indemnify and hold Hawkins Home Loans, Inc., it subsidiaries, affiliates, employees, agents, officers, directors and contractors (the “Indemnified Parties”) harmless from any breach of this Policy by you, including any use of Content other than expressly authorized I this Policy. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. The Indemnified Parties shall also be held harmless from and against any claims brought by third parties arising out of your use of this Site.
Miscellaneous
This Policy will be governed and interpreted pursuant to the laws of the state of California. You specifically consent to personal jurisdiction in California in connection with any dispute between you and Hawkins Home Loans, Inc. arising out of this Policy or pertaining to the subject matter hereof. If any part of this Policy is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hawkins Home Loans, Inc. as a result of this Policy or the use of the Site. This Policy constitutes the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Hawkins Home Loans, Inc. with respect to the Site.
A printed version of this Policy and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Policy to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Notwithstanding the foregoing, any additional terms and conditions on the Site will govern the items to which they pertain. Hawkins Home Loans, Inc. may revise this Policy
at any time by updating this posting.