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Terms of Use |
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YOUR USE OF THIS WEB SITE AND YOUR TRANSACTIONS CONDUCTED WITH THE COMPANY IN
CONNECTION WITH THIS WEB SITE ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS,
ALSO REFERRED TO AS “TERMS OF USE” . CLICKING ONTO WEB PAGES BEYOND THE WEB SITE'S
HOMEPAGE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT WITH THE TERMS OF USE WHETHER
OR NOT YOU COMPLETE A TRANSACTION WITH THE COMPANY AND WHETHER OR NOT YOU COMPLETE
YOUR TRANSACTION ON THE WEB SITE OR THROUGH OTHER CHANNELS, SUCH AS BY PHONE, BY
E-MAIL, FACSIMILE OR OTHERWISE. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU MAY
NOT USE THIS WEB SITE.
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WEB SITE OWNERSHIP
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This Web site is owned and operated by Merit Funding Group 19000 MacArthur Blvd
Suite 300-A Irvine, CA 92612, which is referred to below as "Merit Funding", "MFG"or
"we" or "us" or "Company" or "our."
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PERMITTED USE |
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You agree that:
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- your use of this Web site is subject to and governed by these Terms of Use,
- you will only access or use this Web site and transact business with us if you
are at least 18 years old,
- you will comply with and be bound by these Terms of Use as they appear on this
Web site each time you access and use this Web site,
- each use of this Web site by you indicates and confirms your assent to and agreement
to be bound by these Terms of Use, and
- these Terms of Use are a legally binding agreement between you and Merit Funding
that will be enforceable against you.
You agree that you will not use or attempt to use this Web site for any purpose
other than conducting mortgage banking related business with Merit Funding as a
bona fide client of Merit Funding; you may not use or attempt to use this Web site
or any part of this site for any purpose:
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- that interferes with or induces a breach of the contractual relationships between
Merit Funding and its employees,
- that is any way unlawful or prohibited, or that is harmful or destructive to
anyone or their property,
- that transmits any advertisements, solicitations, schemes, spam, flooding, or
other unsolicited e-mail, unsolicited commercial communications,
- that transmits any harmful or disabling computer codes or viruses,
- that harvests e-mail addresses from this site,
- that transmits unsolicited e-mail to this site or to anyone whose e-mail address
included the domain name under on this Web site,
- that interferes with our network services;
- that attempts to gain unauthorized access to our network services,
- that suggests an express or implied affiliation with Merit Funding or broker
relationship with Merit Funding(without the express written permission of Merit
Funding),
- that impairs or limits our ability to operate this Web site or any other person's
ability to access and use this Web site, and/or
- that uses any methods, means or devices to click on to this Web site or cause
a visit to this Web site for the purpose of manipulating the results of any Internet
search engine, or for any other purpose other than conducting mortgage banking related
business with Merit Funding as a bona fide client of Merit Funding.
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ACCESS TO THIS WEB SITE |
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Merit Funding reserves the right at all times, in its sole discretion and without
notice to you, to deny your access to and use of this Web site. |
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USE OF THIS WEB SITE |
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You agree and acknowledge that you have the sole responsibility and liability for
your use of this Web site and for providing or obtaining, and for maintaining, all
of the hardware, software, electrical power, telecommunications, Internet services,
and other products or services necessary or desirable for you to access and use
this Web site. |
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INTELLECTUAL PROPERTY RIGHTS |
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Web Page Content: You acknowledge and agree that:
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- all content, Web pages, source code, calculations, products, materials, data,
information, text, screens, functionality, services, design, layout, screen interfaces,
"look and feel", and the operation of this Web site (collectively "Web Page Content")
are protected by various intellectual property laws, including, but not limited
to, copyrights, patents, trade secrets, trademarks, and service marks; and
- all rights associated with the Web Page Content are owned by Merit Funding, its
licensors, or content providers.
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Furthermore, you acknowledge and agree that you do not acquire any ownership rights
by downloading or viewing any Web Page Content. You further acknowledge and agree
that you will not in any way copy, reproduce, publish, create derivative works from,
perform, upload, post, distribute, transfer, transmit, modify, adapt, reverse engineer,
frame in any Web page, or alter the appearance of any Web Page Content. You may
not use Web Page Content, domain names (in whole or in part), or e-mail addresses
related to or derived from this Web site, nor any data, trademarks, functionality,
service marks, trade names, brand names and/or logos contained within or derived
from this Web site, for any purpose; meaning that you may not, among other prohibited
uses, use any Web Page Content, domain names, e-mail addresses, data, trademarks,
service marks, trade names, brand names and/or logos on or derived from this Web
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- in or as any meta-tag or hidden text;
- in or as part of any contextual marketing directory, index, or triggering term;
- as content or advertising related to any other Web site including, but not limited
to, comparative/informational Web sites; and/or
- as a variable or data element in any algorithm that causes another Internet browser
to appear on, over, or at the same time as the Company's Web site or controls the
content of any other Internet browser window.
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Submissions: You acknowledge and agree that all submissions to Merit Funding containing
any comments, improvements, suggestions, and ideas regarding this Web site will
become and remain our exclusive property, including any future rights associated
with such submissions, even if the provisions of these Terms of Use are later modified
or terminated. This means that you forever disclaim any proprietary rights in such
submissions, and you acknowledge Merit Funding’s unrestricted right to use, publish,
and commercially exploit, identical, similar, or derivative ideas originating from
your submission, in any medium, now and in the future, without notice, compensation
or other obligation to you or any other person. |
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Testimonials: You acknowledge and agree that all testimonials submitted to Merit
Funding will become and remain our exclusive property, even if the provisions of
these Terms of Use are later modified or terminated. This means that you irrevocably
grant to Merit Funding the unrestricted right (now and in the future, without notice,
compensation or other obligation to you or any other person) to use your statement,
image, likeness, as they may be used, in any medium, in connection with an advertisement
or for any other publicity purpose. You further agree that Merit Funding may use
any percentage of your testimonial, image, likeness and/or works, in any way that
it sees fit, and may exclude your name or use a fictions name herewith. |
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LINKING |
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Not Responsible For Links to Other Web sites: For your convenience, this Web site
may provide links to other Web sites on the World Wide Web. Unless expressly stated
otherwise on this Web site, Merit Funding does not endorse, approve, sponsor or
control, and we are not in any way responsible for, any of the content, services,
calculations, information, products or materials available at or through any Web
sites to which this Web site may provide a link. By using this Web site you acknowledge
and agree that Merit Funding will not be responsible or liable to you or any other
person for any damages or claims that might result from your use of such content,
services, calculation, information, products or materials. |
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No Advertising / No Links. Merit Funding does not permit third-party advertising
on this Web site. Except with the written permission of Merit Funding, you agree
that you will not create links from any Web site or Web page to this Web site or
any Web page within this Web site. |
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REVISIONS AND MODIFICATIONS |
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You agree and acknowledge that we may revise or change these Terms of Use at any
time, without notice to you, and you agree that you will be bound by the provisions
of these Terms of Use as they appear on this Web site at the time you access this
Web site. Because these Terms of Use may change, we encourage you to refer back
often to these Terms of Use. In addition, you agree and acknowledge that all other
content, services, products and materials on or available through this Web site
are subject to updating and revision without notice to you. You further acknowledge
and agree that individual modifications to the Terms of Use may not be altered by
contract, unless expressly permitted in writing by the President of Merit Funding. |
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LOCATION |
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You understand and acknowledge that Merit Funding controls and operates this Web
site from within the United States of America. This Web site provides information
regarding services and products that are made available in the United States only.
We make no representation that the services or products about which information
may be provided on this Web site will be available (a) anywhere outside of the United
States or (b) in every state within the United States. You acknowledge and agree
that you are responsible for compliance with all federal, state and local laws applicable
to your access to and use of this Web site. |
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USER IDs AND PASSWORDS |
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Certain areas or features of this Web site may be restricted to users who have obtained
a user identification and password by completing a registration process described
on this Web site. Please be sure to protect and maintain the confidentiality of
any user identification, password or other identifying information you may obtain
in connection with your use of this Web site. You agree to notify Merit Funding
immediately if you believe your user identification; password or other identifying
information has been lost, stolen or otherwise compromised. You also acknowledge
and agree that you are solely responsible for all damages or claims that may arise
from any access to or use of this Web site by any person to whom you have provided
your user identification, password or other identifying information, or by any person
who has obtained such information from you, including, but not limited to, any access
to or use of this Web site that may occur after you have notified us that your user
identification, password or other identifying information has been lost, stolen
or otherwise compromised. |
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PRIVACY AND SECURITY |
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For information on how Merit Funding uses and protects the personal information
that you may provide through this Web site, please visit: http://www..meritfundinggroup.com/about/security_privacy.html. |
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INDEMNIFICATION |
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If you make any unauthorized use of this Web site or violate the Terms of Use: (a)
you may be in violation of copyright and other laws of the United States, as well
as applicable state laws, and may be subject to penalties, and (b) you may be responsible
for damages caused to the Company. You agree to indemnify Merit Funding and its
affiliates, vendors and licensors, and all of the employees, officers, directors,
agents and representatives of Merit Funding and its affiliates, vendors and licensors,
against, and to hold all of them harmless from, all costs, claims, damages, expenses
or other losses, including attorney's fees and court costs, that arise from or are
related to your use of this Web site and/or your breach/violation of or failure
to comply with the Terms of Use. |
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DISCLAIMERS |
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THE WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED "AS IS"
AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE UNDER APPLICABLE LAW, MERIT FUNDING DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. MERIT FUNDING MAKES
NO REPRESENTATION OR WARRANTY REGARDING THE WEB PAGE CONTENT OR ITS USE THEREOF.
THE WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEB SITE COULD INCLUDE INACCURACIES
OR TYPOGRAPHICAL ERRORS AND COULD BECOME INACCURATE BECAUSE OF DEVELOPMENTS OCCURRING
AFTER THEIR RESPECTIVE DATES OF PREPARATION OR PUBLICATION. MERIT FUNDING HAS NO
OBLIGATION TO MAINTAIN THE CURRENCY OR ACCURACY OF ANY WEB PAGE CONTENT ON OR AVAILABLE
THROUGH THIS WEB SITE. |
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YOU ACKNOWLEDGE AND AGREE THAT MERIT FUNDING IS NOT, AND SHALL NOT BE, RESPONSIBLE
FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS WEB SITE OR ITS OPERATION.
AS TO THE OPERATION OF THIS WEB SITE, MERIT FUNDING EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MERIT FUNDING
MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE OPERATION OF THIS WEB SITE WILL
MEET YOUR OR ANY OTHER USER'S REQUIREMENTS; (B) ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) ANY
DEFECTS IN THIS WEB SITE WILL BE CORRECTED. YOU AGREE THAT YOU, AND NOT MERIT FUNDING,
WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION OR RESTORATION THAT
MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS OR COMPUTER EQUIPMENT BECAUSE
OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING
THIS WEB SITE.
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LIMITATION OF LIABILITY |
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YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL MERIT FUNDING BE LIABLE TO YOU OR ANY
OTHER PERSON OR ENTITY FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES OR INJURY CAUSED BY
ERROR, INACCURACY, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY
IN OPERATION OR TRANSMISSION, TELECOMMUNICATIONS FAILURE OR COMPUTER VIRUS OR OTHER
PROBLEM, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE
OR THE WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEB SITE, WHETHER IN AN ACTION
ALLEGING BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, OR ARISING
OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY WEB PAGE CONTENT ON OR
AVAILABLE THROUGH THIS WEB SITE. YOU AGREE THAT MERIT FUNDING SHALL NOT BE LIABLE
EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. |
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APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO
EVENT SHALL MERIT FUNDING’S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES
OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU,
IF ANY, IN ACCESSING OR USING THIS WEB SITE OF WEB PAGE CONTENT THEREON. |
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COMMUNICATIONS WITH COMPANY |
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E-mail: For information regarding our e-mail policy, please visit: http://www.meritfundinggroup.com/about/email-policy.html. |
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Time Sensitive Instructions: When communicating with us through this Web site, PC-talk,
chat or via e-mail, do not use the Web site, PC-talk, chat or e-mail to communicate
any time-sensitive instructions that are in any way related to or affect your loan,
loan application or closing (such as interest rates locks, cancellation of a closing,
rescissions, or the like). Such instructions may not be honored. All transactions
conducted on this Web site, PC-talk, chat or via e-mail, must be confirmed in writing
by us to be accepted by and binding upon us. |
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Loan Approvals: All loan approvals, pre-qualifications, pre-approvals, rate locks,
deposit and refund agreements, and the like, are only made by Merit Funding in writing.
Approvals, pre-qualifications and pre-approvals are conditional in accordance with
their terms except as be specifically provided for in writing signed by Merit Funding. |
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E-Signature: General communications through this Web site, PC-talk, chat or via
e-mail are not intended by us to constitute either an electronic record or an electronic
signature, or to constitute any agreement by the sender to conduct a transaction
by electronic means, unless a specific statement to the contrary is included in
the message and specific e-signature procedures are employed. However, your assent
to a "click to accept" button or box is binding upon you. |
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Recording & Monitoring of Communications: Your communications with us via the Web
site, PC-talk, chat e-mail, and telephone may be recorded or monitored and by using
such communications methods you are consenting to the recording or monitoring of
the same. |
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CONTACT METHODS AND OPT-OUT |
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Permission to Be Contacted: By submitting information to Merit Funding through this
Web site or otherwise you are making an inquiry as to lending programs and services
offered by Merit Funding and give Merit Funding permission to contact through e-mail,
fax, or telephone, or any means, even if your phone number is on a "Do Not Call"
list. Permission to Share Your Information: When you "submit" information through
the Merit Funding’s Web site or otherwise, Merit Funding may send your information
to its affiliates. If you do not want your information shared with Merit Funding
affiliates, you modify your preference by visiting: https://www.meritfundinggroup.com/about/security_privacy/set_your_contact_preferences.html. |
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Opt-out: For information regarding our Opt-out policy, please visit: https://www.meritfundinggourp.com/about/security_privacy/set_your_contact_preferences.html.
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APPLICATION OF ADDITIONAL TERMS |
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You acknowledge that certain features of this Web site, as well other products and
services of Merit Funding, including those that may be available through this Web
site, may be subject to terms, conditions and disclaimers in addition to these Terms
of Use, and you agree that your use of such products and services will be subject
to such additional terms, conditions and disclaimers. |
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AGREEMENT TO PROVIDE ACCURATE INFORMATION |
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In making a loan inquiry, application or in entering into any other transaction
or request for information on this Web site, you agree to provide accurate, true,
current, and complete information upon which Merit Funding may rely. |
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YOUR COOPERATION NEEDED |
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Merit Funding generally begins processing your application (which may include ordering
an appraisal, credit report, title commitment and other necessary items) upon the
submission of a full and complete application. If you submit an application, you
agree to cooperate in the application process (including submitting all required
documentation in a timely manner) and if needed, to obtain information Merit Funding
may need from third parties such as your bank, employer, current mortgage company,
etc. In addition, you agree to notify Merit Funding of any changes in any information
submitted in connection with your application. |
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REASONABLE EFFORTS |
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While Merit Funding will use all of its reasonable efforts to have your application
fully processed and closed on or before any applicable rate lock expiration date
(if any) and/or anticipated closing date, some process are not under our control.
For instance, Merit Funding cannot be responsible for delays in loan approval or
closing due to: the untimely receipt of an acceptable appraisal; the untimely receipt
of required documentation; your existing home not selling; matters disclosed by
a title commitment or survey; any other matters beyond Merit Funding’s reasonable
control. |
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DEPOSIT / REFUND POLICY |
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When you submit a loan application, Merit Funding will begin to process your application
and, as a result, will advance on your behalf costs for certain third party expenses.
If you do not fully cooperate in or complete the application process (including
submitting all required documentation in a timely manner), choose to withdraw your
application, or choose not to close the transaction for any reason, you may be required
to pay for some or all of Merit Funding third party costs. Please review your deposit
agreement for details specific to your loan application. |
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SEVERABILITY |
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You agree that if any provision of these Terms of Use shall be found to be unlawful
or void, or for any reason unenforceable, then that provision shall be deemed severable
from the other provisions of these Terms of Use and shall not affect the validity
and enforceability of such other provisions. |
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