Terms of Use
Terms of Use
Please Read Carefully
This Terms of Use Agreement (this “Agreement”) is a legal agreement between you and Starwood Mortgage LLC (“SMC”, “we”, “us” or “our”) providing, among other things, the terms and conditions for your use of our web site accessible at https://www.starwoodmortgagecapital.com (the “site”).
We may from time to time, at our sole discretion, modify these Terms of Use and will post a copy of the amended Agreement on the site. If you do not agree to, or cannot comply with, the Agreement as amended, you must not use the site. You will be deemed to have accepted the Agreement as amended if you continue to use the site after any amendments are posted on the site. We reserve the right to refuse to provide our products and services to anyone at any time.
This Agreement contains warranty and liability disclaimers. By using this site, you accept and agree to the terms and conditions of this Agreement without any reservations, modifications, additions, or deletions. If you do not agree to the Terms of Use contained in this Agreement, you are not authorized to use the site. You may be denied access to the site, with or without prior notice to you if you do not comply with any provision of this Agreement.
1. Authorized users
1.1 Age requirement; authority. In order to use the site, you must be at least 18 years of age. You represent that (i) you have read and understood, and that you agree to be bound by, this Agreement and (ii) you are at least 18 years old. If you do not agree to, or cannot comply with, any of these terms and conditions of this Agreement, please do not attempt to access this site.
1.2 Registration. We reserve the right to restrict certain areas of information on this site to our approved registered users. In the event that any area of the site requires you to register with us prior to our granting you access to such areas of the site, you agree to provide truthful information, including but not limited to a member name and password as well as your name, address, telephone number and a valid email address (the “account information”). You agree to provide accurate account information and to update your account information as necessary to keep it accurate. SMC will use your account information in accordance with its privacy policy, which can be found on the website, as described further in section 6 of this Agreement. You are solely responsible for maintaining the confidentiality of your member name and password. You agree to notify us immediately of any unauthorized use of your member name, password or account. SMC will not be responsible for any losses arising out of the unauthorized use of your account and you agree to indemnify and hold harmless SMC, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of your account.
2. License to use the site
2.1 Grant of license. SMC grants to you a limited, non-exclusive, non-transferable license (revocable at any time and for any reason at the sole discretion of SMC) to access and use the site in accordance with the terms and conditions set forth in this Agreement. SMC reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. Any use of the site not specifically permitted under this Agreement is strictly prohibited.
2.2 Restrictions. You agree that you will not: (i) use the site to reproduce, transmit, display or distribute copyrighted material in any medium or via any method without SMC express written permission; (ii) copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided on this site; or (iii) use our site in any way that violates the terms of this Agreement. The site is owned by SMC and is protected by U.S. copyright laws and international treaty provisions. You will not sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void and will expose you to a claim for damages.
3. Other restrictions
You agree that you will not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or any other information, including specifically, loan and property listings available through the site; (c) send chain letters or pyramid schemes via the site; or (d) attempt to gain unauthorized access to other computer systems through the site. You agree that you will not use the site in any manner that could damage, disable, overburden, or impair the site or interfere with any other party’s use and enjoyment of the site.
4. Copyrights and other intellectual property
As between you and SMC, you acknowledge that SMC owns or has a license to all title and copyrights in and to the content provided on this site. All title and intellectual property rights in and to any licensed content provided on this site is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.
5. Third-party trademarks
The site may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to the trademarks of any third party.
6. Submissions or other information
If you submit to us or post on the site any loan or property listing, testimonial, comment, review, suggestion or any work of authorship (collectively a “submission”) including, without limitation, submissions about any of our products or services, such submission will not be confidential or secret, and may be used by us in any manner. Please do not submit or send any submission to us that you consider contains confidential or proprietary information. No submission sent to us will be considered or treated as confidential information. We do not pre-screen submissions and we will have no obligation to read any particular submission submitted or sent to us. By submitting or sending a submission to us, you: (i) represent and warrant that the submission is original to you, that no other party has any rights thereto, and that any “moral rights” in such submission have been waived, and (ii) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub licensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such submission (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name.
7. Term
This Agreement will remain effective until terminated by you or terminated by us.
8. Limitation of liability
Your use of the site is permitted by us only on an “AS IS” basis. We make no warranty of any nature as regards the site. In no event will SMC or any of its affiliates or subsidiaries be liable to you for damages, including direct, indirect, general, special, incidental, consequential, exemplary or other damages (including, without limitation, damages for loss of profits, business interruption, corruption of files, loss of business information or any other pecuniary loss) even if SMC has been advised of the possibility of such damages. No oral or written information or advice given by SMC or others will create a warranty and neither you nor any third party may rely on any such information or advice. Some jurisdictions do not allow the exclusion of implied warranties or limitation or exclusion of liability for incidental or consequential damages, so the above exclusions and limitations may or may not apply to you.
9. Indemnity
You will indemnify and hold SMC, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any suits or claims arising out of (i) your breach of this Agreement, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party; or (ii) your use or misuse of the site. Furthermore, SMC shall have the right to injunctive relief to enforce its rights hereunder, for which you waive the requirement, if any, to post any bond, or similar requirement.
10. General
10.1 You will be responsible for providing the dial-up, dsl, cable modem or other form of internet access and any other hardware and software necessary to access and use the site.
10.2 You agree that you will comply with all applicable laws or any similar requirement applicable to you, including, without limitation, privacy laws.
10.3 SMC or its business partners may present advertisements or promotional materials on or through the site. Your dealings with, or participation in promotions of, any third-party advertisers on or through the site are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that SMC, its affiliates and its subsidiaries are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party materials on the site.
10.4 If you know of, or suspect, copyright infringement, please send a notice to Starwood Mortgage Capital LLC; c/o Website and Technology Management; 2340 Collins Avenue, Miami Beach, Florida 33139. The notice must contain all of the information set forth in section 512(c)(3)(a) of the U.S. copyright act, 17 U.S.C. § 101 et seq.
10.5 This Agreement will be governed by the laws of the State of New York. The exclusive jurisdiction for any claim, action or dispute with SMC or relating in any way to your use of the site will be in the state and federal courts of the state of New York and the venue for the adjudication or disposition of any such claim, action or dispute will be in the County of New York.
10.6 SMC may send notices to you with respect to your use of the site by sending an email message to the email address listed in your account information, by sending a letter via U.S. mail to the contact address listed in your account information, or by a posting a note on the site when you access your account. You agree that we may provide notice to you through such means. Unless otherwise stated in the notices, the notices will become effective immediately.
10.7 General contact information. For questions regarding this site or your use of this site, please email us at information@starwood.com.
You acknowledge that you have read this Agreement, understand it and will be bound by its terms and conditions. You further acknowledge that this Agreement represents the complete and exclusive statement of the agreement between us and that it supersedes any proposal or prior agreement oral or written, and any other communications between us relating to the subject matter of this Agreement.