Online User Agreement

IMPORTANT NOTICE TO USER: This website end user agreement license agreement ("Agreement ") is a legal agreement between you (either an individual or an entity) and Martinez Enterprises, LLC, a Colorado Limited Liability Corporation ("d/b/a Elan Home Loans")(EHL).

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE WEBSITE.

By copying, installing or using all or any portion of the website you agree to and accept all terms and conditions of this Agreement, including the limitations on use, transferability, warranty, liability, and other matters. You agree that this Agreement is like any written negotiated agreement signed by you, and is enforceable against you. If you do not agree to the terms of this Agreement, do not install or use the website.

You may have another written agreement directly with EHL i.e. (a volume license agreement), that supplements or supersedes all or portions of this agreement.

EHL owns all intellectual property in the website. The website is licensed, not sold. EHL permits you to copy, download, install, use, or otherwise benefit from the website only in accordance with the terms of this Agreement.

1. DEFINITIONS."Computer" means a computer devise that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.

"Internal network" means a private, proprietary network resource accessible only by employees and individual contractors ( i.e., temporary employees) of a specific corporation or similar business entity. Internal network does not include the internet or other network community open to the public, including but not limited to membership or subscription driven groups, associations or similar organizations.

"EHL" means Elan Home Loansr a subsidiary of Martinez Enterprises, LLC, a Colorado corporation with address of 19081 E. Whitaker Pl, Aurora, CO 80015.

"License number" the number you are assigned under a valid license ( e.g. volume license) granted by EHL.

"Website" means all the information with which this agreement is provided including but not limited to EHL or third party website files and other computer information , and corresponding documentation, associated media, printed materials, and online or electronic documentation, and all updates or upgrades of the above that are provided to you by EHL at anytime.

2. GRANT OF LICENSE AND RESTRICTIONS ON USE. As long as you use the website from EHL and as long as you comply with the terms of this agreement, EHL grants you a license to use this website in a manner and for the purposes described herein. This license grants to the end user the non-exclusive and non-assignable right to: a) access the website through the world wide web and to use the website in accordance with the provisions of this license.

3. OWNERSHIP. The website and any authorized copies that you make are the intellectual property of and owned by Martinez Enterprises, LLC. The structure, organization and code of the website are the valuable trade secrets of confidential information of EHL. The website is protected by law including but not limited to copyright laws of the United States and other countries, and by international treaty provisions. Rights in the website and all rights not expressly granted are reserved by EHL.

4. DISCLAIMER. EHL provides the website and access to any websites, as is and with all faults, and expressly disclaim all other warranties, conditions, representations or terms, expressed or implied, whether by statute, common law, custom, usage or otherwise as to any matter, including but not limited a performance, security, non-infringement of third party rights, integration, merchant ability, quiet enjoyment, satisfactory quality or fitness for any particular purpose.

Except for the exclusive remedy set forth above and is otherwise provided herein, in no other event will EHL be liable to you for any laws, damages claims or costs whatsoever including any consequence, or incidental damages, any lost profits or lost savings, any damages resulting from business interruption, personal injury or failure to meet any duty of care, or claims by a third party, even if a EHL representative has been advised by the possibility of such laws, damages, claims or costs. The foregoing limitation and exclusions apply to the extent permitted by applicable law in your jurisdiction. This limitation will apply even in the event of a fundamental or material breach or a breach of the fundamental or material terms of this agreement.

5. GOVERNING LAW. This agreement will be governed by and construed in accordance with the laws of the State of Colorado. The respective courts of Arapahoe County, Colorado, shall have nonexclusive jurisdiction of all disputes relating to this Agreement. (Disagreement shall not be governed by the conflict of law rules of any jurisdiction or United Nations convention or contracts for the international sale of goods, the application of which is expressly excluded.)

6. TERMINATION. EHL may  terminate this website and all of the features at any time without notice. 

7. GENERAL PROVISIONS. If any part of this agreement is found unenforceable, it will not affect the validity of the balance of this agreement, which will remain valid and enforceable according to its terms. This agreement may not be modified unless in a writing signed by authorized officer of EHL. This is the entire agreement between EHL and you relating to the website and supersedes any prior representations, discussions, undertakings, communications or advertisings related to website.

8. Contact Release. By viewing and submitting an online application on this website you understand that you are waiving any and all rights you have regarding the do not contact, do not call, or any other related contact lists in existence as of the date submitted. The user is submitting information with the knowledge that the information submitted will not be sold to a third party but will be used, in accordance with the equal housing opportunity act, to pre-qualify the user for a residential or commercial loan through Elan Home Loans, Castlewood Home Loans and Martinez Enterprises, LLC.

All questions concerning this EULA shall be directed to: Martinez Enterprises, LLC, 19081 E. Whitaker Pl. Aurora, CO 80015.