Cyops International, LLC, dba Derelict.com and its corporate affiliates (collectively, “Cyops”) operate a Web site and associated Web pages. Cyops refers to this site as the “Derelict.com.” Any person accessing or using Derelict.com is referred to as “you”.
Acceptance of Terms
General Use of Derelict.com
- except with the express written permission of Cyops, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other Web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from Derelict.com, including without limitation, engaging in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users, providers, or other information;
- damage, disable, overburden, or impair Derelict.com or interfere with any other party’s use and enjoyment of Derelict.com;
- obtain or attempt to obtain any materials or information through any means not made readily accessible by Cyops through Derelict.com.
Except with the express written permission of Cyops, you agree that you will not access or attempt to access password protected, secure or non-public areas of Derelict.com.
Except with the express written permission of Cyops, the origin of any link to any Derelict.com home page must be accompanied by a clear and prominent attribution indicating that the link is connected to Derelict.com. By creating a link to Derelict.com, you agree that (a) you will not employ any technology that results in the placement of content from Derelict.com in a frame and/or a reduced pop-up window and/or any other display mechanism which changes the appearance of Derelict.com from how it would appear if a user typed the URL in a typical browser line, (b) your site shall not display content or link to other web sites that contain content that is illegal, obscene, indecent, disparaging, discriminating or otherwise offensive, (c) you have duly registered your domain name and possess all rights necessary to use the same, and (d) you shall not in any manner access, collect, store, disclose, transfer or use any information obtained or derived from a user’s access to or use of Derelict.com. Cyops reserves the right to revoke your permission to create such link at any time in its sole discretion and you agree to immediately cease using the link at any time that Cyops so requests.
The Services provided through Derelict.com may also be located on third party Web sites or applications, via a link, click-through advertising, or otherwise. Nothing contained in any of these Services is an offer or promise by Cyops to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. In addition, Cyops does not make any representation or warranty with respect to such third party Services, and is not responsible for their accuracy, sufficiency, veracity, completeness, or timeliness. You are responsible for confirming the sufficiency and reliability of any third party Services, and you hereby release Cyops from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of such Services. Further, please note that certain of the interactive Services may be financial or mortgage tools that provide information and customized information based on user-inputted data. These tools are for the purpose of performing calculations, and are not an offer to lend. Interest rates shown are for demonstration purposes only. Actual market interest rates may vary.
You acknowledge that Cyops is not a real estate broker, mortgage broker or mortgage lender, and Cyops does not aid or assist borrowers in obtaining, solicit borrowers or lenders for, negotiate or make loans secured by liens on real property.
Please note that you may be subject to additional and/or different terms, conditions, and privacy policies when you use third party Services, Content (as defined below), software or sites.
Content Contained on Derelict.com
Derelict.com and all of its contents including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials on Derelict.com (collectively, “Content”) is owned by Cyops and/or third parties with all rights reserved unless otherwise noted. Cyops grants you a limited license to access and use Derelict.com and Content solely for informational, personal and non-commercial purposes (including printing individual pages from Derelict.com provided that you retain all copyright and other proprietary notices contained thereon). You are strictly prohibited from downloading (other than page caching) modifying, or making any other use of Derelict.com or Content, except with express written consent of Cyops. You understand that all third party Content posted on, transmitted through, or linked from Derelict.com, is the sole responsibility of the third party originator of such Content. Content is provided through Derelict.com AS IS, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall Cyops be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Services.
You acknowledge that Cyops does not screen or approve third-party Content, and that Cyops shall have the right (but not the obligation) in its sole discretion to refuse, modify, delete or move any Content that is available via Derelict.com, for any reason.
Content You Provide
To the extent that you post, upload, input, submit or otherwise transmit (collectively, “Transmit” or “Transmitting” as appropriate) Content on or through Derelict.com, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Content that you provide or otherwise make available via Derelict.com. You also warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to Transmit such Content, and to transfer your or others’ interests in such Content to Cyops as provided below.
You promise that you will not use Derelict.com to:
- Transmit any Content
- not related to appropriate subject matters;
- which is misleading to others, including consumers;
that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- that you do not have a right to post and transmit under any law or under contractual relationships;
- such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- and materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.
By Transmitting Content to Derelict.com, you grant, and you represent and warrant that you have the right to grant, to Cyops an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of Derelict.com, you grant Cyops all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on Derelict.com by any party for any purpose.
This disclosure statement pertains to the conduct of Cyops, including services Cyops provides, in connection with the mortgage loan industry and websites and mobile applications operated by Cyops.
Cyops does not confirm, and does not make or give any guarantee regarding,
- any information in any request for, or in any request to be contacted about, a quote, pre-qualification, pre-approval, loan commitment, loan or loan-related document, nor
- any information about any consumer, potential borrower or other person who submits or is the subject of an Inquiry, nor
- any information about, or in any rating of or feedback about, any advertiser, lender, broker or mortgage or loan professional
Cyops does not guarantee any information provided by any borrower, any specific loan terms and conditions offered by an advertiser, lender, broker or mortgage professional, or that any person will be offered or able to obtain any particular rates, loan, loan application, quote, pre-qualification, pre-approval, loan commitment or loan-related transaction.
Cyops is not a lender, mortgage broker, loan originator, loan processor or underwriter. Cyops does not aid or assist in obtaining loans or loan applications, nor in setting or negotiating any terms thereof, nor in making loan or loan application decisions.
Cyops does not offer loans and does not solicit or participate in the solicitation of loans or loan applications.
Cyops does not take applications for loans or credit nor issue or participate in the issuance of pre-qualifications or pre-approvals.
Any request for, inquiry about or agreement to receive or be contacted about loans, loan applications, quotes, pre-qualifications, pre-approvals, loan commitments or loan-related transactions by any consumer or person (e.g., by way of advertisements on websites or mobile apps operated by Cyops) is not, and will not be responded to by Cyops as, an order, application, offer or transaction for any credit, loan, loan application, quote, pre-qualification, pre-approval, loan commitment or loan-related transaction or other loan or credit product.
Cyops does not endorse or recommend any lender, any borrower nor any of the products, rates or offerings of any lender, broker or mortgage professional.
Nothing contained in any mortgage-related ad or other ad is an offer to provide, or a solicitation for, any loan, loan application, quote, pre-qualification, pre-approval, loan commitment or loan-related transaction.
Cyops is not an agent of any consumer or borrower nor of any advertiser, lender, broker or mortgage or loan professional.
Cyops sometimes may provide advertising services, services to facilitate contact when consumers wish to be contacted by lenders, mortgage brokers or other loan professionals and/or other like services relating to use of websites or mobile apps Cyops operates.
Decisions regarding loans, loan applications, quotes, pre-qualifications, pre-approvals, loan commitments or loan-related transactions are not made by Cyops but are made by lenders, brokers or other loan professionals which might include participating advertisers of Cyops.
Cyopsdoes not make or give any guarantee regarding, and assumes no responsibility for, any such decisions, nor any acts or omissions of lenders, brokers or other loan professionals, nor any result or consequence (direct or indirect) of any business transaction (actual, proposed or discussed) or related communications between lenders, brokers or other loan professionals and any other person, nor any rates, information or other content on or accessible through any website or app that did not originate solely from Cyops.
The foregoing disclosures reflect Cyops’s good faith conclusions regarding the subject matter of such disclosures, and Cyops takes no responsibility for, and shall have no liability as a result of or in connection with, any assertions, findings or conclusions that might be made, adjudicated, established or otherwise reached by anyone other than Cyops, nor any actual or alleged inaccuracy of or other fault with any such disclosures.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL OF DERELICT.COM, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. CYOPS MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF DERELICT.COM, SERVICES AND/OR CONTENT. CYOPS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability
IN NO EVENT SHALL CYOPS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF DERELICT.COM, WITH THE DELAY OR INABILITY TO ACCESS OR USE DERELICT.COM OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH DERELICT.COM, OR OTHERWISE ARISING OUT OF THE USE OF DERELICT.COM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CYOPS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF DERELICT.COM, AND ALL OTHER USE OF DERELICT.COM, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.
All materials on Derelict.com (as well as the organization and layout of Derelict.com) are owned and copyrighted or licensed by Cyops, its corporate affiliates or its third-party vendors. No reproduction, distribution, or transmission of the copyrighted materials on Derelict.com is permitted without the written permission of Cyops. Any rights not expressly granted herein are reserved.
Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement should be sent to Cyops’s Designated Agent set forth below. All inquiries must be filed in accordance with Title 17, United States Code, Section 512.