INTRODUCTION

ADDITIONAL TERMS MAY GOVERN USE OF CERTAIN WEB SITES OR WEB PAGES WITHIN THE NOAH GAMER WEB SITES

Your use of certain web sites and/or web pages within the NOAH GAMER Web Sites may be subject to additional terms that are specific to such web sites and/or web pages (the "Specific Terms") as either contained (i) on this page below this Agreement and/or (ii) on such web sites and/or web pages (for example, terms that typically govern particular features or offers such as sweepstakes are typically found on the relevant web site or web pages).

To go directly to Specific Terms contained on this page, click on the appropriate link below:

NOTICE FOR ALL FINANCIAL AND MORTGAGE TOOLS - These are calculation tools, not an offer to lend. Interest rates shown are for demonstration purposes only. Actual market interest rates may vary.

Please note that the links above may not directly access each and every Specific Term that governs the use of each and every web site and/or web page within the NOAH GAMER Web Sites. Therefore, upon accessing any web site or web page within the NOAH GAMER Web Sites, please review any and all relevant terms and conditions that may be displayed on or linked from such web site or web page. In the event that (i) a Specific Term contained on such web sites and/or web pages or (ii) any other term or guideline contained within the NOAH GAMER Web Sites conflicts with this Agreement, this Agreement shall control.

GENERAL USE AND LIMITATIONS ON GENERAL USE OF THE NOAH GAMER WEB SITES

Except where we specify otherwise, NOAH GAMER offers you access to the NOAH GAMER Web Sites solely for your personal and non-commercial uses. You promise that you will not use the NOAH GAMER Web Sites, in whole or in part, for any purpose that is unlawful or prohibited by these Terms of Use or for any purposes other than those that are personal and non-commercial. You agree that you will not 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 the NOAH GAMER Web Sites. This means, among other activities, that agree not to engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information. You agree that you will not use the NOAH GAMER Web Sites in any manner that could damage, disable, overburden, or impair the NOAH GAMER Web Sites or interfere with any other party's use and enjoyment of the NOAH GAMER Web Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the NOAH GAMER Web Sites.

If and when requested by NOAH GAMER you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of NOAH GAMER, you agree that you will not access or attempt to access password protected, secure or non-public areas of the NOAH GAMER Web Sites. Unauthorized individuals attempting to access prohibited areas of the NOAH GAMER Web Sites may be subject to prosecution.

You agree that NOAH GAMER may in its sole discretion and at any time terminate your access to and use of the NOAH GAMER Web Sites, or any part thereof, with or without notice.

From NOAH GAMER

The NOAH GAMER Web Sites contain content and information originated by NOAH GAMER (the "NOAH GAMER Content") and Regional Multiple Listing Services. NOAH GAMER presents and makes available such content and information through the NOAH GAMER Web Sites as a public service, for the sole purpose of aiding you, the individual consumer. NOAH GAMER, therefore, cannot guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such information. You are responsible for confirming the sufficiency and reliability of any such information.

From NOAH GAMER Affiliates

For your convenience, the NOAH GAMER Web Sites contain content and information from NOAH GAMER's ASSOCIATES and/or links to affiliate web sites ("Affiliate Content"). Such content is not under the control of NOAH GAMER and NOAH GAMER is not responsible for such content, including without limitation any link contained in such content, or any changes or updates to such content. NOAH GAMER is providing such content to you only as a convenience, and the inclusion of such content does not imply endorsement by NOAH GAMER of such content or the affiliate. You may be subject to additional and/or different terms, conditions, and privacy policies when you use affiliate services, content, software or sites.

From the Public

The NOAH GAMER Web Sites include a number of venues such as bulletin boards, chat areas, news groups, forums, communities, personal web pages, and/or other message or communication facilities designed to enable you to exchange thoughts and opinions with other members of the public ("Public Content"). Since NOAH GAMER firmly believes in the value of free and open exchanges, it makes no effort and is under no obligation to monitor, pre-screen, or otherwise censor such thoughts and opinions. Therefore, NOAH GAMER cannot guarantee the appropriateness, accuracy, sufficiency, correctness, veracity, completeness or timeliness of such thoughts and opinions. You are responsible for confirming the sufficiency and reliability of any such thoughts or opinions you may use or rely upon. If you wish to inform NOAH GAMER of any Public Content that may indicate copyright infringement by any person or entity, Pursuant to Title 17, United States Code, Section 512(c)(2), if you wish to inform NOAH GAMER of any suspected copyright infringement please forward your notification to:

Legal Department
NOAH GAMER & Associates, Inc.
445 Marine View Ave #300
Del Mar, CA 92014
Fax (858-523-7682

Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING BUT NOT LIMITED TO NOAH GAMER CONTENT, AFFILIATE CONTENT, AND PUBLIC CONTENT, PROVIDED BY NOAH GAMER THROUGH THE NOAH GAMER WEB SITES IS AT YOUR SOLE RISK. SUCH INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NOAH GAMER MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION. NOAH GAMER 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. NOAH GAMER SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH INFORMATION OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON SUCH INFORMATION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE NOAH GAMER WEB SITES 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 FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

INFORMATION PROVIDED BY YOU THROUGH THE NOAH GAMER WEB SITES

To NOAH GAMER

To the Public

The NOAH GAMER Web Sites include a number of venues such as bulletin boards, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to share your thoughts and opinions with other members of the public ("Your Publicly Posted Information"). Since NOAH GAMER firmly believes in the value of free and open exchanges, it makes no effort and is under no obligation to monitor, pre-screen, or otherwise censor your thoughts and opinions. Therefore, NOAH GAMER cannot be responsible for the appropriateness, accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such thoughts and opinions. Always use caution when posting any personally identifying information about yourself or your children on any of the NOAH GAMER Web Sites.

You promise that you will not use the NOAH GAMER Web Sites to:

• (a) post, upload or otherwise transmit any content not related to appropriate subject matters;
• (b) post, upload or otherwise transmit any content which is misleading to others, including consumers;
• (c) post, upload or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• (d) post, upload or otherwise transmit any content that you do not have a right to post and transmit under any law or under contractual relationships;
• (e) post, upload or otherwise transmit any content, such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• (f) post, upload or otherwise transmit any 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
• (g) 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 posting content to the NOAH GAMER Web Sites, you grant NOAH GAMER a non-exclusive license to (i) host, use, reproduce, modify, distribute, transmit, combine with information provided by third parties, and publicly display such content on and through web sites controlled by NOAH GAMER, including but not limited to the NOAH GAMER Web Sites, and co-branded or mirrored versions of such sites, and in NOAH GAMER's promotional or advertising materials, and (ii) sublicense to third parties such content to the extent necessary for the creation and maintenance of, in part or in whole, such sites.

You acknowledge that while NOAH GAMER does not pre-screen content posted by you to the NOAH GAMER Web Sites, NOAH GAMER and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is posted by you or any other party to the NOAH GAMER Web Sites. Without limiting the foregoing, NOAH GAMER and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable, and to terminate your access to any or all of the NOAH GAMER Web Sites at any time without notice for any reason whatsoever. You agree that you must evaluate, and bear all risks associated with, the use of any content you post to the NOAH GAMER Web Sites, including any reliance on the accuracy, completeness, or usefulness of such content.

NOAH GAMER reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

By posting, uploading, inputting, providing or submitting content to the NOAH GAMER Web Sites, you 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 provide, post, upload, input or submit such content.

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD NOAH GAMER AND ITS, SUPPLIERS, ASSOCIATES, SUBSIDIARIES, EMPLOYEES HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF ANY INFORMATION, INCLUDED BUT NOT LIMITED TO NOAH GAMER SOLICITED INFORMATION, AND YOUR PUBLICLY POSTED INFORMATION, SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO THE NOAH GAMER WEB SITES AND/OR NOAH GAMER AND/OR ITS ASSOCIATES.

SERVICES PROVIDED THROUGH THE NOAH GAMER WEB SITES

Non-Commercial Services

NOAH GAMER provides through the NOAH GAMER Web Sites a number of venues in which interactive services ("Interactive Services"), such as on-line calculators, planning tools, and checklists, are offered to you. Such services are offered by NOAH GAMER for the sole purpose of disseminating information for the public's benefit. NOAH GAMER cannot guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such services. You are responsible for confirming the sufficiency and reliability of any such service.

THE INFORMATION CONTAINED IN AND PROVIDED THROUGH NOAH GAMER'S INTERACTIVE SERVICES ARE NOT INTENDED NOR IMPLIED TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE. NOAH GAMER MAKES NO EXPRESS OR IMPLIED REPRESENTATION, WARRANTY OR GUARANTEE IN CONNECTION WITH THE INFORMATION CONTAINED IN AND PROVIDED THROUGH SUCH SERVICES, INCLUDING THE APPROPRIATENESS, ACCURACY, CORRECTNESS, VERACTIY, VALUE, SUFFICIENCY, TIMELINESS, OR COMPLETENESS OF THE DATA, METHODS AND OTHER INFORMATION CONTAINED IN AND PROVIDED THROUGH SUCH SERVICES. NOAH GAMER 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 WITH REGARD TO SUCH SERVICES. NOAH GAMER SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH SERVICES OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY ANY ERROR OR OMISSION, OR ARISING OUT OF, OR IN CONNECTION WITH, THE INFORMATION CONTAINED IN OR PROVIDED THROUGH SUCH SERVICES. IN NO EVENT WILL NOAH GAMER BE LIABLE TO ANY USER OF SUCH SERVICES OR TO ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY ANY USER OF SUCH SERVICES OR ANY THIRD PARTY IN RELIANCE UPON THE INFORMATION CONTAINED IN OR PROVIDED THROUGH SUCH SERVICES. A USER'S SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SUCH A SERVICE IS TO STOP USING THE SERVICE.

Third-Party Services

Any information that you provide to NOAH GAMER must be true, complete, and accurate, must not represent you as someone else or falsely identify you, and must not violate any law, statute, ordinance or regulation. You are solely responsible for such information and for all of the terms and conditions of transactions between you and such third parties, including, without limitation, terms regarding warranties, insurance, fees, taxes, titles and licenses. You must not submit a request for a third party service through the NOAH GAMER Web Sites unless you intend, in good faith, to contract with such third party for the use of such service.

NOAH GAMER is not and will not be responsible for (i) the terms and conditions of any transaction between you and any third party, (ii) any insufficiency of or problems with any such third party's background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you release NOAH GAMER (and its ASSOCIATES, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

GENERAL TERMS

This Agreement is governed by the laws of the State of Novada, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts sitting in Novada, County of Las Vegas and/or Southern District of Novada in all disputes arising out of or relating to the use of the NOAH GAMER Web Sites. Use of the NOAH GAMER Web Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and NOAH GAMER as a result of this Agreement or use of the NOAH GAMER Web Sites. NOAH GAMER's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of NOAH GAMER's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the NOAH GAMER Web Sites or information provided to or gathered by NOAH GAMER with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and NOAH GAMER with respect to the NOAH GAMER Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and NOAH GAMER with respect to the NOAH GAMER Web Sites. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NOAH GAMER, ITS ASSOCIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME.

IN NO EVENT SHALL NOAH GAMER 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 NOAH GAMER WEB SITES, WITH THE DELAY OR INABILITY TO USE THE NOAH GAMER WEB SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE NOAH GAMER WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE NOAH GAMER WEB SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NOAH GAMER 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 NOAH GAMER WEB SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NOAH GAMER WEB SITES.

You agree to indemnify, defend and hold harmless NOAH GAMER, its partners, ASSOCIATES, subsidiaries and suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees) related to your violation of this Agreement.

All materials on the NOAH GAMER Web Sites (as well as the organization and layout of the NOAH GAMER Web Sites) are owned and copyrighted or licensed by NOAH GAMER & ASSOCIATES, Inc. a Novada Corporation (c) 2003 All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials at the NOAH GAMER Web Sites is permitted without the written permission of NOAH GAMER. Any rights not expressly granted herein are reserved.