PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY. BY ACCESSING THIS SITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THE TERMS, DO NOT ACCESS THIS SITE, OR ANY PAGES THEREOF.
THE CONTENT AND ALL PRODUCTS AND SERVICES IN THIS SITE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. NO REPRESENTATIONS OR WARRANTIES ARE MADE OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND ALL PRODUCTS AND SERVICES INCLUDED THEREON IS AT YOUR SOLE RISK.
NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, ARE MADE REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT, SERVICES, AND PRODUCTS CONTAINED IN THIS SITE, OR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT, SERVICES, AND PRODUCTS CONTAINED IN THIS SITE. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS CONTAINED IN THIS SITE. NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, ARE MADE REGARDING ANY QUOTES OR OFFERS PROVIDED ON OR THROUGH THIS SITE.
The content of this site is intended only to assist you with financial decisions and is broad in scope and does not consider your personal financial situation. Your personal financial situation is unique and the information and advice may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you are recommended to obtain additional information and advice of your accountant and other financial advisors who are fully aware of your individual circumstances.
This site is controlled and offered from our facilities in the United States of America. No representations are made that this site is appropriate or available for use in other jurisdictions. If you access or use this site from other jurisdictions, then you do so by your own volition and are solely responsible for compliance with local law.
IN NO EVENT WILL VISTA POINT MORTGAGE BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THIS SITE OR ANY LINKED SITE, THE USE OR INABILITY TO USE ANY SUCH SITE, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, EVEN IF VISTA POINT MORTGAGE, OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES.
NOTWITHSTANDING THE ABOVE, VSTA POINT MORTGAGE’S LIABILITY AND THE LIABILITY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT COLLECTIVELY EXCEED $100.
YOU AND US AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
In the event the above limitation on the period of time for bringing an action, claim, dispute, or proceeding is determined or held to be inapplicable or unenforceable by any court, arbitration panel, or other tribunal, then the statute of limitations for the State of California shall apply to any such action, claim, dispute, or proceeding referred to final or binding arbitration.
These Terms may be updated, amended and/or changed at any time by Vista Point Mortgage in its sole discretion and without notice. Updates to these Terms will be posted here. Amendments will take effect immediately upon being posted. You are encouraged to revisit this page from time to time to review any changes that have been made. Your continued access and use of this site following the posting of any such changes shall automatically be deemed your acceptance of all changes.
The laws of the State of California, without regard to principles of conflict of laws, govern this site and these Terms.
You agree to resolve exclusively through final and binding arbitration any and all disputes or claims that arise, whether or not such dispute or claim involves a third party, relating in any way to any aspect of the site (“Dispute”).
The Dispute will be resolved by a single arbitrator under the then-current Comprehensive Arbitration Rules and Procedures and the Expedited Procedures therein of JAMS. The rules, information regarding initiating a claim, and a description of the arbitration process at JAMS are available at www.jamsadr.com.
The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the JAMS rules.
The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision and the arbitrability of the Dispute. The arbitrator will decide whether the Dispute can be arbitrated.
A Dispute may only be brought on behalf of oneself and not on behalf of a government official, other person or entity, or a class of persons or entities. You and we agree, if we are a party to the proceeding, not to participate in a class action, a class-wide arbitration, a claim brought in a private attorney general or representative capacity, or a consolidated claim involving another person’s use of the site or our services. You and we agree not to combine a claim that is subject to arbitration under this Agreement with a claim that is not eligible for arbitration under this Agreement. You and we agree to waive the right to a trial by jury for all disputes.
If the prohibition against class actions and other claims brought on behalf of third parties contained herein is found unenforceable, then the entirety of this Arbitration/Class Waiver Clauses section will be null and void as to that Dispute.
If this agreement to arbitrate is found by a court to be unenforceable, if your claim is not covered by the Agreement to Arbitrate, or if you neither are a resident of nor have a principal place of business in the US, you agree that any Dispute that has arisen, or may arise, regarding this site must be resolved exclusively by a state or federal court located in Orange County, California and you agree to submit to the personal jurisdiction of the courts therein.
Notwithstanding any provision to the contrary, if a change is made to this agreement to arbitrate (other than a change to the notice address or the site link provided herein) in the future, that change shall not apply to a claim that was filed in a legal proceeding prior to the effective date of the change. The change shall apply to all other disputes or claims governed by the agreement to arbitrate that arise out of your use of the site. Changes to this agreement to arbitrate will be posted on this page and effective as of the date of its posting hereon.
If any portion of these Terms is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, these Terms shall not be deemed unlawful, void or unenforceable, but only that portion that is unlawful, void or unenforceable shall be stricken.
The headings are for convenience of reference only, are not to be considered a part of these Terms and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms.
All covenants, agreements, representations, and warranties made herein, as may be amended by Vista Point Mortgage, from time to time, shall survive your acceptance of this Terms.
These Terms and the Privacy Policy represent the entire understanding and agreement between you and us regarding the subject matter of the same and supersede all other previous agreements, understandings, and/or representations regarding the same.