Last Revised: April 3, 2011
PLEASE READ THIS PURCHASE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
By indicating your acceptance below, or by paying for or using the CAAL Service, you agree to be bound by the Agreement. If you do not agree with any term of the Agreement, do not indicate your acceptance or use the CAAL Service.
1. ACCOUNT REGISTRATION
To purchase the CAAL Service, you must create an appropriate CAAL account or be a registered as a “Guest” of the Site. All accounts must have an associated mailbox for receiving electronic mail.
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 or for all loan modification programs even within the United States.
2. NO REFUNDS
Prior to your purchase, you are encouraged to review the description of the CAAL Service on the Site. ALL PURCHASES ARE FINAL. UNLESS OTHERWISE REQUIRED BY LAW, NO REFUNDS ARE AVAILABLE FOR YOUR PURCHASE OF THE CAAL SERVICE.
3. NO ADVICE; YOUR RESPONSIBILITIES
We do not provide legal, financial, tax, or any other advice.
The CAAL Service is a loan modification information management service that allows Members to prepare for their loan modification application. The CAAL Service allows members to prepare financial worksheets needed in the loan modification process that can be of value if their lenders or servicers participate in certain loan modification programs.
Based on such information, the CAAL Service may also present information and tips based on our research and understanding of the loan modification programs. The CAAL Service is meant merely as an aid to assist you in organizing and managing your home loan modification application. Your personal financial situation vis-à-vis any particular loan modification program is unique, and any information obtained through the CAAL Service may not be appropriate for your situation. The CAAL Service is not intended to provide legal, tax or financial 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. In particular, the CAAL Service may not take into account such important factors as lender’s participation in loan modification programs (whether through the Making Home Affordable program or through private loan modifications), the lender’s guidelines for loan modification programs (such as guidelines for front-end debt-to-income ratios), or other factors that may significantly affect or impair your probability of obtaining a loan modification or affect the quality of our CAAL Service.
You also are responsible to check with your lender whether or not you meet minimum loan modification eligibility. You must certify that you understand all minimum eligibility requirements of loan modification programs and that you consent to use our CAAL Service based on your sole determination of whether or not you meet minimum qualification requirement.
CAAL is not a loan modification firm, and the CAAL Service does NOT prepare, process or conduct loan modification applications on behalf of the Members. It simply provides Members with tools and general information which may be useful in preparing for a successful loan modification application. The CAAL Service cannot and does not guarantee that you will obtain a loan modification from your lender or servicer based on the financial statement or any other information we provide.
4. NO CONTROL OVER THIRD PARTIES
Our loan modification information management service has been designed based on our current understanding of the Making Home Affordable Program as well as certain private loan modification programs. Any of such programs may be changed, and we have no control over any such changes nor do we guarantee that our Service will necessarily be updated to reflect such modifications.
The CAAL Service may include content supplied by third parties that contain advice, opinions, statements or offers over which CAAL may have no editorial control and do not endorse. CAAL does not guarantee the accuracy, timeliness, availability, reliability, adequacy or completeness of any information, facts, views, opinions, statements or recommendations contained on the Site or in the submissions or third party content and is not responsible for any errors, omissions, miscalculations or misrepresentations of value in the information provided through the CAAL Service.
CAAL is not an agent or broker or otherwise responsible for the activities or policies of other web sites. CAAL does not guarantee that the loan modification and information obtained in the CAAL Service’s financial assessment will be offered (or continued to be offered) by any particular lender, servicer, or other third party.
5. USE OF THE SERVICE; YOUR INFORMATION
You must provide complete and accurate information in order for you to obtain the most benefit from the CAAL Service. Inaccurate or incomplete information will affect the quality of the financial assessment and other results of the CAAL Service. We are not liable for any information you provide, including any incorrect, incomplete or outdated information.
You agree to pay Caal’s then-current fees for the CAAl Service (“Fees”), plus all applicable taxes and any other charges acrrued to your CAAL account. All Fees are stated, and payable, in the United States dollars.
CAAl charges and collects in advance for use of the CAAL Service. CAAL will bill the credit card you designate when registering for the CAAL Service. You must provide CAAL with valid credit card information as a condition to signing up for the CAAL Service. The Fees are exclusive of all taxes, levies, or duties imposed by applicable taxing authorities, and you are solely responsible for the payment of all such amounts, other than only United States (federal or state) taxes based solely on CAAL’s income.
All purchases are final. Prices for the CAAL Service may change at any time, and CAAL does not provide price protection or refunds in the event of a price reduction or promotional offering.
No refund of any Fees is available in any event of any expiration of termination of your account.
Features, specifications, fees, services and content are subject to change or withdrawal at any time and CAAL does not provide any refunds in the event of a price decrease, a subsequent promotional offering or product or feature removal or enhancement. Special services, prices and promotions are no longer valid once they are changed or removed.
9. DISCLAIMER OF WARRANTIES AND REPRESENTATIONS
10. LIMITATION 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 CAAL SERVICE, OR OTHERWISE IN CONNECTION WITH THIS PURCHASE 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 THE AMOUNTS YOU PAID TO CAAL UNDER THIS PURCHASE AGREEMENT FOR THE APPLICABLE CAAL SERVICE OUT OF WHICH THE LIABILITY ARISES.
11. GOVERNING LAW; RESOLUTION OF DISPUTES