TERMS OF USE

1. Use of Site

Heritage Commercial LLC (“HCLLC”) authorizes you (“USER”) to view and download the materials at this website (“Site”), for the sole purpose of providing financing for our clients and contacting HCLLC, provided that you retain all copyright and other proprietary notices contained in the original materials and/or on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any other purpose. Any use of these materials on any other website or networked computer environment for any other purpose is prohibited. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.

This policy covers the Heritage Commercial LLC, Inc. website only. Any affiliated or related companies’ websites will have their own privacy policies. Please review our other policies, such as our Privacy Policy and Security Policy, posted on this site. These policies also govern your visit to HCLLC’s websites. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

2. Disclaimers

This site is provided by HCLLC on an "as is", "where is" and "where available" basis. Without warranties of any kind whether express, implied or statutory including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. This does not affect those warranties which are incapable of exclusion, restriction or modification under the laws applicable to this Agreement.

HCLLC will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. You expressly agree that your use of this site is at your sole risk.

You acknowledge that neither HCLLC, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the services or the site will be uninterrupted or error free; nor do they make any warranty as to this site, its servers, internet browser software, or e-mail sent from are free of viruses or other harmful components.

HCLLC does not endorse products or services appearing on linked sites or purchased via linked sites. (This does not affect any manufacturer’s warranties that the providers of the linked sites otherwise offer.)

3. Limitation of Liability

In no event will HCLLC, its suppliers, or other third parties mentioned at this site be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this site, any websites linked to this site, or the materials or information or services contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not HCLLC has been advised of the possibility of such damages. If your use of the materials, information or services from this site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so these limitations or exclusions may not apply to you.

4. Copyrights/Trademarks/Service marks

All of the pages and screens on the Site are owned and controlled by HCLLC, except as otherwise expressly stated, and are protected by U.S. copyright laws and international treaties. The copyrighted materials on the Site include, but are not limited to, the text, design, software, images, graphics, source code, look, feel, data, information, sound, or video materials, and the content on the Site. You are authorized to view the information available on the Site for the sole purpose of providing financing for our clients and contacting HCLLC only. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You may not copy, display, distribute, transfer, link to, reproduce, license, frame, alter, create derivative works of or republish all or any portion of the Site for any reason other then its intended purpose. Other featured words used on the Site to identify the source of goods and services are copyrights, and/or trademarks, and/or service marks owned by HCLLC or owned by third parties. You may not use, copy, display, distribute, modify or reproduce any of the copyrights, trademarks, or service marks found on the Site except as authorized in this paragraph. You may not use any of the HCLLC trademarks as a link to the Site except pursuant to a written trademark license agreement.

HCLLC and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact HCLLC.

5. Links to Third-Party Websites

Links on this Site to third-party websites are provided solely as a convenience to you. If you use these links, you will leave this Site. HCLLC has not reviewed all of these third-party sites and does not control and is not responsible for any of these sites or their content. Thus, HCLLC does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this Site, you do this entirely at your own risk.

6. Registration Information

In registering for the Services, you agree to provide accurate, true, current, and complete information about you and/or your business as requested by the registration screens. As a convenience to you, a profile for you and/or your business may be created based on the registration information that you provide. This profile and any registration information you provide will be protected as described in our Privacy Policy.

7. Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. HCLLC reserves the right to modify or terminate the Services and the Site, remove or edit content, or to terminate your access to the Services and Site, in whole or in part, at any time. These Terms of Use constitute a contract between you and HCLLC governed by the laws of the State of California, with the exception of its conflicts of laws provisions.

8. Indemnification

You agree to defend, indemnify and hold harmless HCLLC, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your violation of these Terms of Use or misuse of the Service or this Site, including such violation or misuses conducted by your employee or agent, if applicable. The USER’s failure to acknowledge or diligently pursue its indemnification obligations under this paragraph shall not relieve the USER of such obligations.

9. Privacy

We understand the need to safeguard your information and records from unauthorized use and disclosure. Please see our privacy policy.

10. Conduct

It is a condition of your use of any HCLLC Internet Service that you do not restrict or inhibit any other USER from using and enjoying the Service; post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation, any images or other material depicting nudity, or post or transmit comments containing harassing or offensive language. Visitors may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. HCLLC reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

11. General

HCLLC administers this Site from its offices in Roseville, California. HCLLC makes no representation that materials or services at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws.

12. Applicable Law

By visiting HCLLC, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and HCLLC or its affiliates.

13. Disputes

Any dispute relating in any way to your visit to HCLLC or to products you purchase through HCLLC shall be submitted to a court of competent jurisdiction in Placer County, California, except that, to the extent you have in any manner violated or threatened to violate HCLLC's intellectual property rights, HCLLC may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts.

14. Contact us

HCLLC constantly seeks to improve the quality of the services we provide. We value your input and encourage you to help us expand and make improvements to the Site by providing us your opinions. If you have other questions, concerns, or comments about these Terms of Use please send us an email at HCLLCp@hrtg.net, or call us at (916) 864-2120, or write to us at the following address:

Heritage Commercial LLC.
9706 Fair Oaks Blvd., Ste 160
Sacramento, CA 95628

15. Integration Clause

This Agreement, and any modification published on this website, states the entire and exclusive agreement of the parties with respect to the matters set forth in the Agreement, and supersedes all prior or contemporaneous oral or written understandings, statements or promises.

16. Changes to this policy

HCLLC reserves the right to modify these Terms of Use at any time without notice, but the most current version of the Terms of Use will always be available to you by clicking on the link at the bottom of the Site. If you find the Terms of Use unacceptable at any time, you may discontinue your use of the Services. By continuing to use the Services after the date of any change to these Terms of Use, including accessing the Site, you agree to be bound by the rules contained in the most recent version of this Agreement.

Effective Date
Rev. November 2008

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