Terms of Use
Agreement Between First Union Mortgages Ltd, First Union Finance (UK) Ltd And The User
This website is available for use on the condition that you accept without change all of the terms, conditions and notices stated here. Furthermore by continuing to use this website you confirm that you agree to all of these terms, conditions and notices. Information about yourself that is collected by First Union when you use this website may be used for such purposes as marketing, credit checking etc. And may also be passed to third parties to enable First Union to provide wider and better services.
Privacy and Protection of Personal Information
A separate statement is provided regarding the privacy and protection of your personal information which is available here.
Changes to These Terms of Use
First Union reserves the right to change the terms, conditions and notices under which the service is offered, including but not limited to any charges associated with the use of the service. Users are responsible for regularly reviewing these terms and conditions and any additional terms posted. Your continued use of First Union's Site/Services confirms your agreement to all such changes in the terms, conditions and notices.
Personal and Non-commercial use limitation
Unless otherwise specified, the Site/Services provided by First Union is for your own personal use and not for any commercial purpose. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivatives from, transfer, or sell any information, software, products or services obtained from First Union's website.
Links to Third Party Sites
The First Union service may contain links to other third party websites ("Linked Sites"). The Linked Sites are not under First Union's control and they are not, therefore, responsible for the contents of any Linked Sites, including any other subsequent links nor are they responsible for the maintenance or notification of any changes or updates to a Linked Site. First Union is not responsible for webcasting, spam or pop up or any other form of transmission received from or generated by any Linked Site nor is First Union responsible if the Linked Site is not working appropriately. First Union is providing these links to you only as a service and a convenience, and the inclusion of any link does not imply an endorsement by First Union of the site nor any association with its operators. Furthermore you are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
Any dealings with third parties (including advertisers) included within the First Union site/service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. First Union shall not be responsible or liable for any part of any such dealings or promotions.
No Unlawful or Prohibited Use
As a condition of your use of the First Union site/service, you will not use the First Union site/service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the First Union site/service in any manner which could damage, disable, overburden, or impair any First Union site/service or the network(s) connected to any First Union site/service or interfere with any other party's use and enjoyment of any First Union site/service. You may not obtain or attempt to obtain materials or information through any means not intentionally made available through the First Union site/service.
Use of Services
The First Union site/service may contain email services and or other communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You may agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service, you will not:
- Use the Communications Service in connection with surveys, contests that are not organised by First Union, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an First Union site/service or other user or usage information or any portion thereof.
First Union has no obligation to monitor the Communication Services. However, First Union reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. First Union reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. First Union reserves the right at all times to disclose any information as First Union deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in First Union's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. First Union does not control or endorse the content, messages or information found in any Communication Service and, therefore, First Union specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised First Union spokespersons, and their views do not necessarily reflect those of First Union.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.
Materials Provided to First Union or Posted at any First Union Website
First Union does not claim ownership of the materials you provide to First Union (including feedback and suggestions) or post, upload, input or submit to any First Union site/service or its associated services for review by the general public (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting First Union, 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.
No compensation will be paid with respect to the use of your Submission, as provided herein. First Union is under no obligation to post or use any Submission you may provide and First Union may remove any Submission at any time in its sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
If you are submitting information on behalf of a third party, by using the First Union site/service you are responsible for obtaining their consent for the submission.
Software and Content Available Through The First Union Site/Service
All content and software (if any) that is made available to view and/or download in connection with the First Union site/services, excluding content and/or software that may be made available by end-users through a Communication Service, ("Software") is owned by and is the copyrighted work of First Union Corporation and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
Termination/Access Restriction
First Union reserves the right, in its sole discretion, to terminate your access to any or all First Union site/services and the related services or any portion thereof at any time, without notice.
Liability disclaimer
The information, software, products, and services included in or available through the First Union site/service may include inaccuracies or typographical errors. Changes are periodically made to the First Union site/service and to the information therein. First Union and/or its respective suppliers may make improvements and/or changes in the First Union site/service at any time. Advice received via the First Union site/service should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
First Union and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the First Union site/service for any purpose. All such information, software, products, services and related graphics are provided "as is" without warranty of any kind. First Union and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. You specifically agree that First Union shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through an First Union site/service.
You specifically agree that First Union is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that First Union is not responsible for any content sent using and/or included in an First Union site/service by any third party.
In no event shall First Union and/or its suppliers 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 the First Union site/service, with the delay or inability to use the First Union site/service or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the First Union site/service, or otherwise arising out of the use of the First Union site/service, whether based on contract, tort, negligence, strict liability or otherwise, even if First Union or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the First Union site/service, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the First Union site/service.