Terms of Use Agreement

Date Last Revised: March, 27, 2011

 

PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

This Terms of Use Agreement (“Agreement”) sets forth the terms and conditions that apply to your access and use of the web site located at www.mycaal.com (the “Site”), as owned and operated by Caal Inc., a Delaware corporation (“CAAL,” “we,” “us,” or “our”). By using www.mycaal.com you agree to be bound by the terms and conditions of this Agreement and CAAL’s Privacy Policy, as they may be amended from time to time in the future (see “Modifications” below).

- Accepting the Terms
- Not a Financial Planner, Broker or Legal or Tax Advisor
- Privacy and your Personal Information
- Additional Terms for the Paid Service
- Third-Party Links
- Your Registration Information
- CAAL’s Intellectual Property Rights
- Your Use of the Site
- Rules for Posting
- Online Alerts
- Disclaimer of Representations and Warranties
- Limitations on CAAL’s Liability
- Exclusions
- Your Indemnification of CAAL
- Termination
- Modifications
- International Use
- Governing Law; Arbitration of Disputes
- Miscellaneous

 

1. Accepting the Terms
By using the Site, including its current and future information, content, materials, tools, forums, features, forms, web pages, services, and functionalities located on www.mycaal.com, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the www.mycaal.com website) or you are a “Guest” (which means that you have registered with www.mycaal.com and have access to certain features of the Site available only to registered users (the “Free Service”)) or you a “Member” (which means you have purchased a loan modification information management service that CAAL makes available through the Site (the “Paid Service”). The term “User” refers to a Visitor or a Guest or a Member.
If you wish to become a Guest or a Member, communicate with other Guests or Members through the Free Service or the Paid Service (collectively, the “Service”) and otherwise make use of the Service, you must register with CAAL, including your acceptance of this Agreement during the Registration process.

You may not use the Site, and you may not accept this Agreement, if you are not of a legal age to form a binding contract with CAAL.

If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records. This Agreement is a legal contract between you and CAAL and governs your access to, and use of, the Site. If you do not agree with all of the terms of this Agreement, do not register or otherwise use the Site.

 

2. Not a Financial Planner, Broker or Legal or Tax Advisor
The Site, including the Service, is available only for purposes of providing general information about some loan modification programs and, if you are a Member, for use of a management system service CAAL has developed to help Members manage their loan modification applications. The Site, including the Service, is intended only to assist you in your loan modification organization and management and is necessarily broad in scope. Your personal financial situation vis-à-vis the loan modification programs is unique, and any information obtained through the Site may not be appropriate for your situation. We do not provide legal, financial, tax, or any other advice. You should not rely on the Site or the information and resources contained in the Site, including the Service, as a replacement or substitute for any professional, financial, legal, or other advice or counsel. CAAL makes no representations or warranties, and expressly disclaims any and all liability, concerning actions taken by a User following the information available through the Site, including the Service, or using the resources offered or provided on or through www.mycaal.com. In no way will CAAL be responsible for any actions taken or not taken based on the information or resources provided on the Site or through the Service.

If you have a situation that requires professional advice, you should consult a qualified specialist. Do not disregard, avoid, or delay obtaining professional advice from a qualified specialist because of any information or resources that are provided on or through the Service or the Site.

 

3. Privacy and your Personal Information
For information about CAAL’s data protection practices, please read CAAL’s Privacy Policy, which is hereby incorporated into this Agreement. This policy explains how CAAL treats your personal information when you access or use the Site, including use of the Service. The policy may be updated from time to time at CAAL’s discretion. Changes will be effective upon posting to the Site.

Our privacy protection standards are certified by TRUSTe.

Extended Privacy Terms
The following terms are also part of the Privacy Policy of Caal, Inc. to provide you additional information about our personal information collection and use through the Site:
When you visit the Site, in addition to the technical information we collect as described above, we may collect navigational information about your visit, such as pages visited, average time spent on our Site, and whether or not you clicked on links to third party sites. We also collect personal information when you register to the Site, purchase the Service through the Site or communicate with us. We use the information we collect about you and your visit, including personal information, as follows: (a) to analyze usage and improve the Site or the Service; (b) to provide communications relating to your use of the Site or the Service; (c) to troubleshoot problems, and to detect and protect against error, fraud or other criminal activity; and (d) if necessary, to enforce CAAL’s Terms of Use and other agreements with you.
We may disclose demographic information regarding usage of the Site or Service to third parties but only on an aggregated basis that will not personally identify you.
If you access the Service through a co-branded URL by one of our co-brand partners, your email address used for registration on the Service may be provided to that co-brand partner who may have different privacy terms than Caal’s Privacy Policy.
In addition to the ways we may share your personal information described above, we may disclose your personal information to third-party contractors that provide services to CAAL and are bound by privacy restrictions consistent with this Privacy Policy.


4. Additional Terms for the Paid Service

The Paid Service is a loan modification information management service that helps Members in preparing for their loan modification application. The Paid Service is provided to you by CAAL for a charge (as its name implies, it is not a free service) and is meant as an aid to assist you in preparing, organizing and managing your loan modification application. For information about CAAL’s Paid Service, please read CAAL’s Service Purchase Agreement, which is hereby incorporated into this Agreement.

 

5. Third-Party Links
The Site provides links to other web sites for additional information or resources. Such web sites are owned and operated by third parties, and CAAL does not endorse, warrant or guarantee such sites, information or resources. If you access or use such third party sites, you do so at your own risk.

 

6. Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your Login ID e-mail address, allows you to access the Service. That Login ID and password, together with any other contact information you provide, are your “Registration Information.”
By using the Service, you expressly authorize CAAL to access, use and store your Registration Information solely to provide the Service to you (or as otherwise provided in the Privacy Policy).
By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. The delivery of any notice from us is effective when sent by us, regardless of whether you read the notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive notices electronically by canceling or discontinuing your use of the applicable Service.
It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser. You must provide us with accurate, current and complete account information. If you fail to do so, we may terminate your account.
If you become aware of any unauthorized use of your Registration Information, you agree to notify CAAL immediately at security@mycaal.com

 

7. CAAL’s Intellectual Property Rights
The contents of the Site, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, tools, forums, features, forms, functionalities, editorial content, financial information, formulas, notices, software (including html-based computer programs) and other materials provided by CAAL and its licensors or suppliers (collectively, the “Content”) are owned exclusively by CAAL or its licensor or supplier and are protected under United States and other applicable copyright, trademark and other laws.
The marks, logos and other product and service names are trademarks of CAAL (the “CAAL Marks”). You agree not to display or use the CAAL Marks in any manner without CAAL’s express, prior written permission. Any other trademarks and proprietary designations displayed on the Site or in its Content are the property of their respective owners, as designated.
You agree that we may use in any way (including modifications to the Site and the Service, other products or services, in advertising and in marketing materials) any and all feedback, suggestions, and ideas you communicate to CAAL (“Feedback”), without any liability or responsibility to you. You grant us a perpetual, worldwide, transferable, sublicensable, irrevocable, fully paid-up, royalty free license and right to the Feedback.

 

8. Your Use of the Site
Your right to access and use the Site, including the Service, is personal to you and is not transferable by you to any other person or entity. You may not permit any other person to use your account on your behalf. You are only entitled to access and use the Site for lawful purposes.
The output of the Service is based on the data you provide, so accurate information enables CAAL to provide the most useful service to you. If you do not do this, the accuracy and effectiveness of the Service to you will be affected. CAAL is not responsible in any way for the accuracy of your data or information.
Your access and use of www.mycaal.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of www.mycaal.com or other actions that CAAL, in its sole discretion, may elect to take, or for reasons beyond the control of CAAL. CAAL will use reasonable efforts to attempt to notify you if it intends to perform regular updates or maintenance, but in any event CAAL is not liable for any interruption or disruption to your access to or use of the Site, including the Service.
CAAL grants you the personal, limited, non-exclusive, non-transferable, revocable right to view and use the Site, including its contents for informational purposes only, subject to the terms and conditions of this Agreement. You may download or print a copy of information provided on the Site for your personal, internal and non-commercial use only. Any distribution, reprint, transmission, dissemination or reproduction of any content from the Site in whole or in part for any other purpose is expressly prohibited without our prior written consent. Any commercial use of the Site, including any Service, is strictly prohibited.
Portions of the Service may have different or additional terms relating to your use of such Service. If such terms conflict with this Agreement, such terms will govern your use of such Service.

You agree that you will not:

- Use or attempt to use any automated means (including any robot, spider, scraper, deep link, avatar or intelligent agents) to access, acquire, navigate, search, copy, monitor or use any portion of the Site, without CAAL’s express written consent (this does not prohibit your use of any search engine or search agent available through the Service or generally available third-party web browser such as Microsoft Explorer);
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Site, including the Service, or attempt to overload the systems used to provide the Site; or
- Attempt to access without authorization any portion of the system used to provide any portion of the Site; or
- Attempt to copy (without authorization), modify, decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site, including any software we permit you to download as part of your use of the Service.

You further agree to cooperate and comply with all investigations of abuse, complaints, third party infringement or any other unauthorized use of the Site.

 

9. Rules for Posting
As part of the Service, CAAL allows Visitors and Members to post content on bulletin boards, forums, blogs and other portions of the Site. Users are required to take into consideration community standards and refrain from abusive or deceptive conduct, cheating, cursing, or other misuse of the Site. Rights of other Users should be respected.
Therefore, in posting any such content (“Your Posted Content”) and using such features of the Service, you agree to the following:

- You are responsible for all Your Posted Content.
- By submitting Your Posted Content to us, you represent that you have all necessary rights and hereby grant CAAL (and its successors and assigns) a perpetual, worldwide, non-exclusive, transferable, sublicenseable, irrevocable, fully paid-up, royalty free license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of Your Posted Content in connection with the Site and our business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access Your Posted Content, and to use, reproduce, distribute, prepare derivative works of, display and perform Your Posted Content as permitted through the functionality of the Site and otherwise as permitted under this Agreement.
- You may not post or transmit any message or other content which is libelous or defamatory, or which discloses private or personal matters concerning any person.
- You may not post or transmit any message, data, image or program that: (a) is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; (b) encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (c) is libelous or defamatory; (d) would violate the rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; or (e) is otherwise inappropriate.
- You may not interfere with other Users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Service, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
- Except where expressly permitted (e.g., a classified bulletin board), you may not post or transmit advertising or promotional materials or other solicitations, including charity requests, petitions for signatures, or business opportunities.
- You may not engage in any deceptive or misleading practices, or provide false or inaccurate information, or engage in any illegal activities.
- You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited.

You should refrain from providing anyone with your name or other personally identifiable information other than your LogIn ID to any other User. You acknowledge and agree that CAAL has no control over, and is not in any way responsible for, the use of any such information by such other User. Any employment, sales, service or other relationship you form or attempt to form with any person or entity through areas of the Service, even if designated for that purpose, is solely between you and that other person or entity, and not with CAAL.
CAAL may use third party service provider(s) to help us provide, host and operate certain areas of the Service. Such third party provides may impose additional terms or guidelines relating to your use of such areas, which terms and/or guidelines will be available for your review in those areas. You agree that if you choose to participate in, or post content to, these areas of the Service, such as by posting a new topic, following a topic or replying to an existing topic, then you also agree to comply with such additional terms and guidelines which may apply to such areas.
You acknowledge that CAAL may or may not pre-screen Your Posted Content and in any event has the right (but not the obligation) to refuse to post or remove any of Your Posted Content in CAAL’s sole discretion, including but not necessarily limited to Your Posted Content which CAAL deems to be in violation of this Agreement. CAAL is not responsible for any failure or delay in removing any material.

 

10. Online Alerts
CAAL may from time to time provide automatic alerts and voluntary account-related alerts.
Automatic alerts may be sent to you following certain changes made online to your CAAL account, such as a change in your Registration Information.
Voluntary account alerts may be turned on by default as part of the Service. They may then be deactivated or reactivated by you. Electronic alerts will be sent to the email address you have provided as your primary email address for your CAAL account. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. Changes to your email address will apply to all of your alerts.
You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. CAAL does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that CAAL shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

 

11. Disclaimer of Representations and Warranties
THE SITE, INCLUDING ALL CONTENT AND THE SERVICE, AND ANY AND ALL OTHER PRODUCTS AND SERVICES ASSOCIATED WITH www.mycaal.com OR PROVIDED THROUGH THE SITE OR THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS IS,” “WITH ALL FAULTS AND DEFECTS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAAL AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS, WARRANTIES OF ANY KIND OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY AS TO THE CONTENT (INCLUDING ITS ACCURACY, RELIABILITY OR COMPLETENESS) OR THE OPERATION OF THE SITE, INCLUDING SPECIFICALLY ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AGAINST INFRINGEMENT OR REGARDING THE SECURITY OF THE SITE.
CAAL MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT IS FREE OF ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
The Site is made available for informational purposes only and is not intended to provide commercial, legal, investment or financial, or any other advice. The Service (including, without limitation, third party Content provided through the Service) may be based upon data that is collected, computed and or modeled from a number of sources, including public records and documents and financial calculations, and is not guaranteed to be free from inaccuracies, errors or defects.
CAAL does not guarantee that your use of the Site, including any Service, will ensure your compliance with any particular loan modification program, any law or regulation, or otherwise meet your particular needs. You are expected to conduct your own due diligence with regard to your own situation. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND USE IS WITH YOU.

 

12. Limitations on CAAL’s Liability
CAAL SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO OR USE OF THE SITE, INCLUDING ANY SERVICE OR CONTENT, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, EVEN IF CAAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, AND EXCLUDING ANY LIABILITY FOR PERSONAL INJURY CLAIMS WHICH CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, CAAL’S ENTIRE AND CUMULATIVE LIABILITY TO YOU FROM ANY AND ALL CAUSES WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $50.00 (FIFTY UNITED STATES DOLLARS).

 

13. Exclusions
SOME JURISDICTIONS DO 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 OF SECTIONS 11 AND 12 MAY NOT APPLY TO YOU.

 

14. Your Indemnification of CAAL
You shall defend, indemnify and hold harmless CAAL and its officers, directors, shareholders, and employees, from and against all claims, actions, losses, liabilities, costs and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to your use of the Site, including any breach of this Agreement by you.

 

15. Termination
This Agreement will continue to apply so long as you access or use the Site, including the Service.
If you wish to terminate your status as a Guest of CAAL, you may do so by closing your account for the Service. Please use the directions below to cancel your account:

- In the Footer, Click on Contact us

- Under Support Topic, Choose ” I changed my mind, please close my account!”

- Enter your name in the field “Your Name”

- Enter your email address in the field “Your Email Address”

Your account will be closed and your ability to log in will be deactivated. Your mycaal.com account data will be removed within two weeks.

CAAL may at any time, suspend or terminate your access to or use of the Site, including the Service:
- if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
- if CAAL in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
- immediately upon notice to Guests, to the e-mail address provided by you as part of your Registration Information, or immediately without notice to Visitors.

Upon termination, you will not longer be authorized to access or use the Site, including any Service. CAAL will have no liability for termination of your access to or use of the Site.

See the Paid CAAL’s Service Purchase Agreement for termination of your status as a Member.

 

16. Modifications
CAAL may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the mycaal.com site. In addition, the Agreement will indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Site, including any Service, after those changes are posted.

17. International Use
The Site is intended for use by United States residents, as it relates solely to certain loan modification programs in the United States. CAAL does not represent that the Site, including its Content or any Service, is appropriate or available for use outside the United States. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

By providing any personal information to the Site, all Users, including without limitation Users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States.

 

18. Governing Law; Arbitration of Disputes
This Agreement, and your relationship with CAAL under this Agreement, shall be governed by the laws of the State of California without regard to its conflict or choice of laws provisions.
You agree that if you have any dispute or claim with CAAL, you must first contact CAAL in writing at info@mycaal.com, specifying the nature of your dispute or claim and allowing CAAL a reasonable opportunity to respond and resolve the matter with you. If we are unable to resolve the matter within ninety (90) days of your notice to CAAL, or such other time period as mutually agreed, then either party may submit the dispute to final and binding arbitration under the rules of the American Arbitration Association, to be held in San Mateo County, California, in the English language. Arbitration costs and attorneys’ fees and costs of both parties will be borne by the non-prevailing party. The arbitrator(s) may award damages only that are consistent with the terms and conditions of this Agreement. Any disputes or claims not eligible for arbitration shall be filed only in a state or federal court located in San Mateo County, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts. In addition, CAAL may seek relief in any court with jurisdiction over the parties with respect to imminent harm requiring temporary or preliminary injunctive relief.
You understand that, in return for agreement to this provision, CAAL is able to offer the Service at the terms designated and that your assent to this provision is an indispensable consideration to this Agreement.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement, or your access to and use of the Site or the Service, must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

19. Notice of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information in writing to us at the email address below:

- Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number and email address;

- Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works at the Site are covered by the notice, identify a representative list of such works;

- Identify the material that you claim is infringing, or the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

- A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; and

- A statement by you, made under penalty of perjury, that the information provided in the notice is accurate and that you are authorized to act on behalf of the owner of the copyright that is allegedly infringed.

This information should be sent to our Copyright Agent at: copyright@mycaal.com.

 

20. Miscellaneous
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, such portion shall be reformed in accordance with the requirements of law to most nearly reflect the intended economic effect of this Agreement, and the remainder of this Agreement will remain in effect.
You agree that if CAAL does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which CAAL has the benefit of under any applicable law), this will not be taken to be a formal waiver of CAAL’s rights and that those rights or remedies will still be available to CAAL.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement represents the entire understanding and agreement between you and CAAL regarding the subject matter of the same, and supersedes all other previous agreements.
All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
Any inquiries concerning this Agreement should be directed to: security@mycaal.com.