Untitled Document

Be sure to read the Terms of Service below, as they cover the terms and conditions that apply to your use of this website (the "Service," "Website," or "Site"). The Mi Casa Program may change the Terms of Service from time to time. By continuing to use the Service following such modifications, you agree to be bound by such modifications to the Terms of Service.

General Terms and Conditions:

In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Registration Form, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, The Mi Casa Program has the right to terminate your account and refuse any and all current or future use of the Service. You agree not to resell or transfer the Service or use of or access to the Service.

You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer and modem or other access device.

By using lulacmicasa.org and the Mi Casa Program online gift request web site(s), including any applets, software, and content contained therein, you agree that use of the Service is entirely at your own risk. THE SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. SPECIFICALLY, THE MI CASA PROGRAM DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

NEITHER THE MI CASA PROGRAM NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF THE MI CASA PROGRAM, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.

The Mi Casa Program is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing at this Web Site, and is the copyright owner or licensee of the content and/or information on this Web Site including but not limited to any screens appearing at the Site. You may not download and/or save a copy of any of the screens except as otherwise provided in these Terms of Service, for any purpose. However, you may print a copy of the information on this Site for your personal use or records. If you make other use of this Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. The Mi Casa Program does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this Web Site.

The Mi Casa Program reserves the right to change any information on this Web Site including but not limited to revising and/or deleting features or other information without prior notice. Clicking on certain links within this Web Site might take you to other web sites for which The Mi Casa Program assumes no responsibility of any kind for the content, availability or otherwise. (See "Links from and to this Website" below.) The content presented at this Site may vary depending upon your browser limitations.

Certifications:

When requesting gift funds through the Mi Casa Program online gift request system, the user (requestor) certifies that they are the Lender or Closing Agent directly involved in that specific real estate purchase transaction and that they are Licensed and in Good-Standing in the state that the property is located. Mi Casa will only send funds to a Licensed Title Company or Closing Attorney and reserves the right, in Mi Casa’ sole discretion, to not fund a gift transaction or work with a/an specific company, firm, or individual.

The user further certifies that all parties to the transaction are aware that a gift from the Mi Casa Program is being utilized in the closing of the real estate purchase transaction and that the Seller has executed a Mi Casa Seller Home Enrollment Agreement and that the Buyer understands that their receipt of gift funds is subject to availability of funds, that these funds are a gift, and that Mi Casa is not obligated to provide these funds to them. The Buyer further understands that, in order to receive the gift funds, they must complete the purchase transaction of the property listed on the Gift Funds Request form, a Mi Casa Enrolled Home.

All parties involved in the real estate purchase transaction understand that the escrow instructions may call for a release of the gift funds and may contain provisions regarding disbursement of funds in the event escrow is terminated. The user acknowledges that in the event the Buyer is unsuccessful in obtaining a loan or the loan does not fund within (4) days after the gift funds are received by the closing agent, the user instructs and authorizes the Closing Agent to return the gift funds to Mi Casa without recourse.

User Conduct On the Service:

While using the Service, you may not:

1. restrict or inhibit any other user from using and enjoying the Service; or

2. post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations; or

3. post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by The Mi Casa Program) or engage in spamming or flooding; or

4. post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component; or

5. post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or

6. upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; or

7. upload, post, publish, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto, as the Service is copyrighted as a collective work under U.S. copyright laws.

The Mi Casa Program has no obligation to monitor the Service. However, you acknowledge and agree that The Mi Casa Program has the right to monitor the Service electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. The Mi Casa Program will not intentionally monitor or disclose any private electronic-mail message unless required by law. The Mi Casa Program reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service.

Failure to Comply With Terms and Conditions and Termination:

You acknowledge and agree that The Mi Casa Program may terminate your password or account or deny you access to all or part of the Service without prior notice if you engage in any conduct or activities that The Mi Casa Program in its sole discretion believes violate any of the terms and conditions, violate the rights of The Mi Casa Program, or is otherwise inappropriate for continued access.
You acknowledge and agree that The Mi Casa Program may in its sole discretion deny you access through The Mi Casa Program to any materials stored on the Internet, or to access third party services, merchandise or information on the Internet through The Mi Casa Program, and The Mi Casa Program shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
You agree to defend, indemnify and hold The Mi Casa Program and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Service or the placement or transmission of any message, information, software or other materials through the Service by you or users of your account or related to any violation of these Terms of Service by you or users of your account.

Links from and to this Website:

You acknowledge and agree that The Mi Casa Program and any of its website co-branding providers have no responsibility for the accuracy or availability of information provided by linked sites. Links to external web sites do not constitute an endorsement by The Mi Casa Program or its website co-branding providers of the sponsors of such sites or the content, products, advertising or other materials presented on such sites.
Information in the many web pages that are linked to The Mi Casa Program's Website comes from a variety of sources. Some of this information comes from official The Mi Casa Program licensees, but much of it comes from unofficial or unaffiliated organizations and individuals, both internal and external to The Mi Casa Program. The Mi Casa Program does not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that The Mi Casa Program shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.

Other Information:

The Mi Casa Program is taking reasonable and appropriate measures, including encryption, to ensure that your personal information is disclosed only to those specified by you. However, the Internet is an open system and we cannot and do not guarantee that the personal information you have entered will not be intercepted by others and decrypted.

Miscellaneous

The Terms of Service and the relationship between you and The Mi Casa Program shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and The Mi Casa Program agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Texas.
The failure of The Mi Casa Program to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.