Terms & Conditions

Agreement Between User and Bay Arealty — Genesis Loans

You acknowledge and agree that Bay Arealty — Genesis Loans ("Bay Arealty") is not, and shall not be, responsible for the results of any defects that may exist in this website or its operation. As to the operation of this website, Bay Arealty expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose. Bay Arealty makes no representation or warranty that (A) the operation of this website will meet your or any other user's requirements; (B) access to the website will be uninterrupted, timely, secure, or free of errors, viruses, or other harmful components; or (C) any defects in this website will be corrected. You agree that you, and not Bay Arealty, will bear the entire cost of all servicing, repair, correction, or restoration that may be necessary for your data, software programs, or computer equipment, because of any viruses, errors, or other problems you may have as a result of using or visiting this website.

Website Ownership

This website is owned and operated by Bay Arealty — Genesis Loans, 1313 N Milpitas Blvd, Suite 235, Milpitas, CA 95035. NMLS #368880 | DRE #01447306.

Access to this Website

Bay Arealty reserves the right at all times, in its sole discretion and without notice to you, to deny your access to and use of this website.

Modification of These Terms of Use

Bay Arealty reserves the right to change the terms, conditions, and notices under which the BayArealty.com Site is offered, including but not limited to the charges associated with the use of the BayArealty.com Site.

Linking

The Site may contain links to other Websites ("Linked Sites"). The Linked Sites are not under the control of Bay Arealty and Bay Arealty is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.

No Unlawful or Prohibited Use

As a condition of your use of the BayArealty.com Site, you warrant to Bay Arealty that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the BayArealty.com Sites.

Use of Communication Services

The BayArealty.com Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. You will not use these Communication Services to send any abusive, defamatory, dishonest, or obscene message, to transmit any proprietary material belonging to another party, that violates any law or may be considered to violate any law, or that advertises or engages in commercial activity. Any violation of this section may result in terminating your use of the Communication Services.

Bay Arealty has no obligation to monitor the Communication Services. However, Bay Arealty reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. Bay Arealty reserves the right to terminate your access to any/or all Communication Services at any time, for any reason, and without advanced notice.

Bay Arealty reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, in Bay Arealty's sole discretion.

Submissions

Bay Arealty does not claim ownership of the materials you provide to Bay Arealty (including feedback and suggestions) or post, upload, input, or submit to any BayArealty.com Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting Bay Arealty, its affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

Access, Username, and Password Registration

You may be required to register an account to access certain features of this Site. In doing so, you agree to provide correct, current, and complete information to the best of your ability. If you choose or are provided with a username, password, or any other piece of identifying information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.

You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password or other identifying information. You agree to notify Bay Arealty immediately if you believe your username, password, or other identifying information has been lost, stolen or otherwise compromised. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

You acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this website by any person to whom you have provided your username, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this website that may occur after you have notified us that your username, password or other identifying information has been lost, stolen or otherwise compromised.

Bay Arealty reserves the right to modify or terminate the Services and this Site or to modify or terminate your access to the Services and Site, in whole or in part, at any time and without prior notice.

Trademarks and Copyright Information

All the pages and screens on the BayArealty.com Site are owned and controlled by Bay Arealty, except as otherwise expressly stated, and are protected by U.S. copyright laws. The Bay Arealty logo is a service mark of Bay Arealty. Other featured words used on the BayArealty.com Site to identify the source of goods and services are trademarks and service marks owned by Bay Arealty or owned by third parties. You may not use, copy, display, distribute, modify, or reproduce any of the trademarks or service marks found on the BayArealty.com Site except as authorized in this paragraph or pursuant to a written license agreement.

Limitation of Liability

You agree that Bay Arealty, its affiliates, agents, employees, officers, and directors will not be liable to you or any other person or entity for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages caused by error, inaccuracy, omission, interruption, defect, failure of performance, delay in operation or transmission, telecommunications failure, or computer virus or other problem, that may result from the use of, or the inability to use, this Site or the web page content on or available through this Site, whether in an action alleging breach of contract, negligence or any other cause of action, or arising out of or in connection with the use or performance of any web page content on or available through this Site. You agree that Bay Arealty shall not be liable even if we or our authorized representatives have been advised of the possibility of such damages.

Applicable law may 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 or exclusions may not apply to you. However, in no event shall Bay Arealty's total liability to you for damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, in accessing or using this website.

Disclaimer

The web page content on or available through this website is provided "As Is" and without warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, Bay Arealty disclaims all warranties, express or implied, including but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Bay Arealty makes no representation or warranty regarding the web page content or its use thereof. The web page content on or available through this website could include inaccuracies or typographical errors and could become inaccurate because of developments occurring after their respective dates or preparation or publication. Bay Arealty has no obligation to maintain the currency or accuracy of any web page content on or available through this website. You acknowledge and agree that Bay Arealty is not, and shall not be, responsible for the results of any defects that may exist in this website or its operation.

Application of Additional Terms

Bay Arealty provides this website "as is" and shall not be held responsible for any defects or issues resulting from its operation. We expressly disclaim all warranties, whether express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Bay Arealty makes no guarantee that the website will meet your requirements or those of other users, that access to the website will be uninterrupted, timely, secure, or error-free, or that any defects, errors, or harmful components, including viruses, will be identified or corrected. You agree to bear all costs related to servicing, repair, correction, or restoration required for your data, software, or equipment due to issues resulting from the use or visitation of this website.

Governing Law

You agree that these Terms of Use 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 law. Except as otherwise provided herein, you agree that any action at law or in equity arising out of or relating to these Terms of Use or the use of this website shall be filed only in the state of California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Privacy and Security

For information on how Bay Arealty uses and protects the personal information that you may provide through this website, please review our Privacy Policy.

Indemnification

You agree to defend, indemnify, and hold harmless Bay Arealty, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses (including, but not limited to, reasonable attorneys' fees and costs) arising out of your violation of this Agreement or use or misuse of the Services or this Site.

Severability

You agree that if any provision of these Terms of Use shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of such other provisions.