Host IO Terms of Use

Thank you for visiting the Host IO Website.  Your access to and use of any portion of our Website are subject to these Terms of Use, our Privacy Policy, and all applicable laws.  By accessing, browsing, or using our Host IO Platform or other Services, the Website Content, or any other portion of our Website, you hereby agree that you have read and fully understand, accept, and hereby agree to be bound by, the following terms and conditions:

Certain Definitions.  The term “Terms of Use” means the current version of these Host IO Terms of Use, as posted on our Website.  In addition, as used in these Terms of Use:  

The terms “Host IO”, “we”, “us” and “our” refer to Host-io.com, Inc., a Delaware corporation.  The terms “you” and “your” refer to you, the individual accessing and using the Website.  The term “Host IO Platform” refers to the Host IO technology platform designed and developed by Host IO and accessible through the Website and which is intended to prequalify and connect non-QM (i.e., nonqualified mortgage) borrowers with licensed brokers with the goal of targeting the best loan options and lenders that will meet the borrower’s financial needs. The term “Services” refers, collectively, to the Host IO Platform and any other products and services offered through the Website.The term “Website” refers, collectively, to the Host-io.com website, including the portions of the website providing access to and containing the Host IO Platform and other Services, and all other Host IO websites and web pages accessible globally through this website.  The term “Website Content” refers, collectively, to all information, text, data, documents, icons, images, graphics, artwork, animations, illustrations, photographs, pictures, videos, audio clips, podcasts, webcasts, music, sounds, web-based productions, software, interfaces and computer code, logos, registered and unregistered trademarks, trade names, the design, “look and feel” and arrangement of elements contained on the Website, and all other content located from time to time on our Website.

Binding Agreement.  By accessing, browsing, or using our Host IO Platform or other Services, the Website Content, or any other portion of our Website, you hereby agree that it constitutes your understanding and acceptance of, and agreement with, these Terms of Use and our Privacy Policy, and creates a legally binding agreement between Host IO and you.  Acceptance of these Terms of Use and our Privacy Policy is a condition to your use of the Services (including the Host IO Platform), Website Content, or any other portion of the Website.  If you do not agree to be bound by these Terms of Use and/or our Privacy Policy, then you may not access or use the Host IO Platform or other Services, Website Content, or any other portion of the Website.

Modifications to Terms of Use.  We hereby reserve the right, at any time and from time-to-time, to update, amend, revise, supplement and otherwise modify these Terms of Use (collectively, “Modifications”) without notice to you.  Any such Modifications will become effective immediately upon posting of the Terms of Use containing such Modifications to our Website.  Therefore, we recommend and advise that you read the posted Terms of Use carefully each time that you access or use our Website.  The posted version of the Terms of Use supersedes all earlier versions.  You hereby agree that your continued access or use of the Services, Website Content, or any other portion of the Website after the Terms of Use containing such Modifications have been published and posted to the Website shall constitute your acceptance of, and agreement with, the updated Terms of Use containing such Modifications.

Modifications to the Website.  We hereby reserve the right to modify or discontinue, temporarily or permanently, all or any part of the Website without notice. 

Privacy Policy.  Our Privacy Policy, the current version of which is hereby incorporated by reference into these Terms of Use, explains how we collect, protect, share, and use your information as part of our Host IO Platform and other Services offered through the Website.

Intended Users of the Website and Services.  The Website and Services are intended for individuals who are at least 18 years of age and who are accessing the internet from a physical location within the United States of America.  By accessing, browsing, or using the Website or Services, you acknowledge that you are 18 years of age or older and are accessing the internet from a physical location within the United States of America. 

Location.  You hereby acknowledge and understand that Host IO operates the Website from within the United States of America.  The Website provides information regarding Services that are made available in the United States of America only.  We make no representation or warranty that the Services provided on the Website will be available (i) anywhere outside of the United States of America, or (ii) in every state within the United States of America.  You hereby acknowledge and agree that you are responsible for compliance with all federal, state, and local laws and regulations applicable to your access to and use of the Website and Services.

Intellectual Property Rights.  The Website, Host IO Platform and other Services, and the Website Content are owned by, or licensed to, Host IO.  The Website, Host IO Platform and other Services, and the Website Content are protected by various intellectual property laws, including, but not limited to, copyrights, patents, trade secrets, trademarks, and service marks, as well as unfair competition laws and other applicable laws.  All right, title, and interest in and to the Website, Host IO Platform and other Services, and the Website Content, including all intellectual property rights, are owned and retained by Host IO, its licensors, or content providers, as applicable.  You hereby acknowledge and agree that you do not acquire any ownership rights by viewing, downloading, or using any Website Content. 

Any trademarks, logos, service marks, and other marks and indicators of source of origin that are displayed on the Website, Host IO Platform or other Services, or in the Website Content (collectively, the “Marks”) are the proprietary property of Host IO, or our respective licensors or content providers.  Nothing contained on the Website, Host IO Platform or other Services, or in the Website Content should be construed or interpreted as a license or right to use any Marks displayed on the Website, Host IO Platform or other Services, or contained in the Website Content.  You shall not use, copy, modify, or display any of the Marks appearing on the Website, Host IO Platform or other Services, or in the Website Content with Host IO’s express written permission or the express written permission of the owner of the applicable Mark(s).  You hereby understand and acknowledge that any unauthorized use of the Website, Host IO Platform or other Services, or the Website Content may violate copyright, trademark, publicity, and other applicable laws, and any such use may result in your personal liability and subject you to civil damages and/or criminal penalties and prosecution.

Except as expressly provided in these Terms of Use, you will not, and will not permit any third party to:  (a) copy, reproduce, modify, translate, create derivative works from, alter the appearance of, adapt, reverse engineer, encode, perform, publish, upload, post, publicly display, transfer, transmit or distribute in any way, including the use of framing or mirrors, to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, any portion of the Website or Website Content; (b) circumvent or disable any security or technological features or measures of the Website; (c) store, compile or collect any Website Content as part of a database or other work; (d) use any automated tool (e.g., robots, spiders) in connection with any portion of the Website, Services or Website Content; (e) use the Website or Services in any manner that that threatens the integrity, performance, or availability of the Website or Services; or (f) remove, alter, or obscure any proprietary notices (including copyright notices) on, or fail to provide attribution to Host IO for, any portion of the Website, Services or Website Content.  You must, and you hereby agree to, comply with all applicable laws and regulations when using our Website, Services and Website Content.

Links to Third-Party Sites.  The Website or Website Content may contain links to third party products, services, information, materials, and websites (collectively, “Third-Party Site(s)”).  Third-Party Sites are not under the operation or control of Host IO in any respect, and Host IO is not in any way responsible for Third-Party Sites or for any products, services, information, materials, advertising, or other content on or available through such Third-Party Sites.  In addition, Host IO is in no way responsible for the performance of any Third-Party Site.  Unless expressly stated otherwise on the Website, Nano does not endorse, approve or sponsor any Third-Party Site or its contents, and the inclusion of a link on our Website or in the Website Content does not imply, and shall not in any way be construed to imply, any endorsement by Host IO of the Third-Party Site, its contents, or any association with the sponsoring organization or operators of such Third-Party Site.  

To the extent that the Website or Website Content provides links to Third-Party Sites, such links are provided for your convenience only.  If you access the Third-Party Sites, you do so entirely at your own risk.  Your use of such Third-Party Sites may be subject to other terms and conditions imposed by the third parties maintaining the Third-Party Sites.  When you leave the Website, you agree that Host IO is in no event responsible or liable for (i) the accuracy or content of the information provided by the Third-Party Sites, (ii) any direct or indirect technical or system issues arising out of your access to or use of third-party technologies or programs available through the Third-Party Sites, nor (iii) any claims, damages or losses that might result from your access of such Third-Party Sites or your use of any content, products, services, information or materials on such Third-Party Sites.

Links to the Website from your website.  Except with the prior written permission of Host IO, you hereby agree that you will not create links from any website or web page under your operation or control to the Website, or any portion thereof.

Submissions to the Website.  The Website may allow you and other third parties to post reviews, ratings, comments, opinions, statements, suggestions, feedback, ideas, information, or other content (each, a “Submission”) to the Website.  Each Submission to the Website must be topical.  We hereby reserve the right to review, and modify or delete, the content, in whole or in part, of any Submission posted by you or any other third party that in the sole judgment of Host IO violates these Terms of Use or which might be offensive, illegal, inappropriate, or that might violate the rights of or harm any third party.  While Host IO reserves the right to monitor the content of any Submission that you and other third parties may post to the Website, Host IO is under no responsibility to do so and is not responsible for the content of any such Submission that you and other third parties may post to the Website.  We do not control the content of any Submission that may be posted by third parties to the Website; and accordingly, we do not guarantee the accuracy, integrity, appropriateness, or quality of any such Submission.  You hereby acknowledge and understand that, by accessing and using the Website, you may potentially be exposed to content that may be offensive, indecent, inappropriate, or objectionable.  The posting of any Submission to the Website should not be considered, and in no way should be construed as, an endorsement or approval by Host IO of such Submission.  Under no circumstances shall Host IO, or Host IO’s directors, officers, shareholders, employees, agents, affiliates, successors, and assigns, be held liable or responsible for any claims, damages or losses caused by any Submission posted to the Website, or for your reliance on any such Submission.  

You hereby acknowledge and agree that you, and not Host IO, are solely responsible for the contents of each and every Submission that you post to the Website.  You shall, and hereby agree to, indemnify, hold harmless, and defend Host IO, and Host IO’s directors, officers, shareholders, employees, agents, affiliates, successors and assigns from and against any and all claims, actions, suits, damages, losses, liabilities, costs and expenses (including attorneys’ fees) arising out of, resulting from or related to any Submission posted by you to the Website that (i) is known by you to be false, inaccurate, or misleading, (ii) is, or may reasonably be considered to be, defamatory, libelous, offensive, indecent, inappropriate, objectionable, inflammatory, threatening or harassing to any third party, (iii) infringes or violates any third party’s copyright, patent, trademark, trade secret or other proprietary rights, or rights of privacy or publicity, or (iv) violates any law, statute, ordinance, order or regulation (including, but not limited to, those governing privacy, consumer protection, unfair competition, anti-discrimination, or false advertising).

Host IO reserves the right to investigate and take legal action against you and anyone else who, in our sole judgment and discretion, violates the obligations and provisions set forth in these Terms of Use or the Privacy Policy, including without limitation removing any Submission and terminating your access to the Website.

You further hereby acknowledge and agree that each Submission that you post to the Website will be considered non-confidential and non-proprietary, and that Host IO is free to use any such Submission for any purpose whatsoever without compensation, acknowledgment, or payment to you of any kind.  You also hereby agree that as to any such Submission, you hereby grant to Host IO a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicensable, transferable, worldwide right and license to display, use, copy, modify, adapt, publish, translate, create derivative works from, and/or distribute any such Submission (or any portion thereof), and/or incorporate any such Submission (or any portion thereof) into any form, medium, software, or technology of any kind now existing or developed in the future.   

Disclaimers.  Host IO is not a broker or a mortgage or other financial lender, and Host IO is not in the business of making loans or extending credit.  Host IO is not acting as your agent, and Host IO is not acting as the agent of any borrower, broker, or mortgage or other financial lender.  The Services provided by Host IO are only administrative and facilitative in nature.  When a user of the Host IO Platform enters and submits data and/or other information using the Host IO Platform, it is not an application for credit; rather, it is an inquiry which is intended to prequalify and connect non-QM (i.e., nonqualified mortgage) borrowers with licensed brokers with the goal of targeting the best loan options and lenders that will meet the borrower’s financial needs.  It is up to the broker to decide whether or not to offer brokerage services to a particular borrower, and it is up to the borrower to decide whether or not to accept brokerage services from a particular broker.  Further, it is up to the mortgage lender to decide whether or not to offer mortgage services to a particular borrower, and it is up to the borrower to decide whether or not to accept mortgage services from a particular mortgage lender.  You hereby agree that you will rely on your own judgment and research to determine which available product, terms, and provider best suits your needs and financial situation.

Host IO does not make any representations or warranties regarding the number or quantity of leads that will be transmitted to brokers, the identity of borrowers whose loan requests are transmitted to brokers, the validity or accuracy of any loan request or lead information, or the creditworthiness of borrowers.

Host IO may not be able to offer the Host IO Platform or other Services to residents in every U.S. state.  Host IO shall have the full discretion to determine which U.S. states and jurisdictions that we will offer the Host IO Platform and/or other Services.

THE SERVICES (INCLUDING THE Host IO PLATFORM), THE WEBSITE CONTENT AND ALL OTHER PORTIONS OF THE WEBSITE ARE ALL PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Host IO HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, OR WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED.

Your use of the Services, Website Content, and all other portions of the Website is at your sole risk.  Host IO does not warrant or guarantee the accuracy, completeness, or usefulness of the Services, Website Content, or any other portions of the Website, and Host IO does not guarantee or promise any specific results from the use of the Services, Website Content, or any other portions of the Website.  

Host IO makes no representations or warranties that your use of the Services, Website Content, or any other portions of the Website will (i) meet your needs or requirements, (ii) provide results that are reliable, current, or error-free, (iii) be free of defects, or that any defects will be corrected, (iv) be free of viruses or other harmful components, or (v) be uninterrupted or always available.  

Any Website Content that you download from the Website, to the extent expressly permitted under these Terms of Use, is at your discretion and sole risk, and you will be solely responsible for any and all damage to your computer or other device, and for the loss of any of your data, that results from the download of any Website Content from the Website.  

Some jurisdictions may prohibit the disclaimer of certain implied warranties, so portions of the foregoing disclaimer may not apply to you. 

LIMITATION OF LIABILITY.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (I) IN NO EVENT WILL Host IO (OR Host IO’S DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS OR ASSIGNS) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR FAILURE OF PERFORMANCE, LOSS OR CORRUPTION OF DATA, LOSS OF PROGRAMS, DEFECTS, ERRORS, INACCURACIES, OMISSIONS, SERVICE INTERRUPTIONS, DELAYS IN OPERATION OR TRANSMISSION, TELECOMMUNICATIONS FAILURE, COMPUTER VIRUSES, OR FOR LOSS OF PROFITS, USE OR OTHER LOSSES) ARISING OUT OF, RESULTING FROM OR RELATED TO YOUR USE OF, OR THE INABILITY TO USE, OR YOUR RELIANCE UPON, THE SERVICES (INCLUDING THE Host IO PLATFORM) OR ANY OTHER PORTIONS OF THE WEBSITE, OR THE WEBSITE CONTENT ON OR AVAILABLE THROUGH THE WEBSITE, EVEN IF Host IO HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING DAMAGES OR LOSSES, AND (II) UNDER NO CIRCUMSTANCES SHALL THE TOTAL LIABILITY OF Host IO (AND Host IO’S DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS OR ASSIGNS) FOR DAMAGES OR LOSSES ARISING OUT OF, RESULTING FROM OR RELATED TO YOUR USE OF, OR THE INABILITY TO USE, OR YOUR RELIANCE UPON, THE SERVICES (INCLUDING THE Host IO PLATFORM) OR ANY OTHER PORTIONS OF THE WEBSITE, OR THE WEBSITE CONTENT ON OR AVAILABLE THROUGH THE WEBSITE, REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, WARRANTY, TORT, NEGLIGENCE OR OTHERWISE, EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).  THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR REMEDY.  SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification.  You shall indemnify, hold harmless and defend Host IO, and Host IO’s directors, officers, shareholders, employees, agents, affiliates, successors and assigns from and against any and all claims, actions, suits, damages, losses, liabilities, costs and expenses (including attorneys’ fees) arising out of, resulting from or related to (i) your use of the Host IO Platform or other Services, the Website Content or any other portion of the Website, (ii) your breach of, or violation or otherwise failure to comply with, any of these Terms of Use, (iii) your violation of any rights of a third party, including but not limited to intellectual property rights, through your use of the Host IO Platform or other Services, the Website Content, or any other portion of the Website, or (iv) your violation of any applicable law.

Governing Law.  These Terms of Use shall be governed by, and construed in accordance with, the laws of the State of Delaware, excluding its conflict of laws rules or principles to the extent that such rules or principles would apply the law of another jurisdiction.  [NOTE: Zoltan, how do you want to handle dispute resolutions…Delaware courts, binding arbitration, or leave silent?]

You hereby agree that any dispute or cause of action which you may have arising out of, resulting from, or related to the Website, the Host IO Platform or other Services, and/or the Website Content must be commenced by you within one (1) year from the later of (i) when the dispute or cause of action accrues, or (ii) through the exercise of reasonable diligence you should have known about the accrual of the cause of action.  Otherwise, such cause of action is permanently barred.

No Waiver.  The delay or failure of Host IO to enforce any right or provision in these Terms of Use, or to exercise any remedy in these Terms of Use, shall in no way constitute (or be construed or interpreted as) a waiver by Host IO of such right, provision or remedy.  No waiver shall be effective unless it is made in writing and is signed by an authorized representative of Host IO.

Severability.  In the event that any provision of these Terms of Use is found to be invalid, illegal, or unenforceable in any respect for any reason, the remaining provisions of these Terms of Use shall not be affected and shall remain in full force and effect, and such invalid, illegal, or unenforceable provision shall be modified to the extent possible in such a manner as to be valid, legal, and enforceable and in a way that best carries out the intent of Host IO.

Forward-Looking Statements.  Statements on or accessible through the Website or in the Website Content may include forward-looking statements.  Forward-looking statements may contain words such as “expect”, “believe”, “may”, “can”, “should”, “will”, “forecast”, “anticipate”, or other similar expressions, and include the assumptions that underlie such statements.  These statements are subject to known and unknown risks and uncertainties that could cause actual results to differ materially from those expressed or implied by such statements.  Except as required under applicable law, Host IO does not undertake any obligation to update any forward-looking statements.

Trademarks.  The Host IO products and services names mentioned on the Website or in the Website Content are either registered trademarks or trademarks of Host IO.  Other trademarks and service marks mentioned on the Website or in the Website Content belong to their respective owners.

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