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MortgageeLink Terms Of Use Agreement |
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The MortgageeLink Terms of Use Agreement (Agreement) comprises the entire agreement between you and MortgageeLink when you subscribe to this service. By completing the sign up process you are indicating your agreement to be bound by all of the terms and conditions of this Agreement. |
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Modification To Terms Of Use |
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MortgageeLink reserves the right to change the Terms of Use at anytime, effective upon making the modified provisions available on the MortgageeLink Web site. You are responsible for regularly reviewing these terms and conditions. MortgageeLink does not and will not assume any obligation to notify you of any changes to the Terms of Use. You consent to any changes to this Terms of Use Agreement effective upon the date of those changes. |
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Usage Rules |
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The MortgageeLink site is offered to you to help you with the operation of your business. By completing the MortgageeLink Registration Form or using the MortgageeLink site you agree to be bound by this Terms of Use Agreement (as may be modified from time to time). The rights granted to you in this agreement are personal to you. You may not modify, copy, distribute, display, reproduce, publish, license, create derivative works from, transfer, reverse engineer, or sell any information, software, products, services or benefits obtained from the MortgageeLink, except as expressly provided in this Agreement. Additionally, you agree not to use the products or services provided through or in connection with the MortgageeLink to: conduct any business that is unlawful, infringe or otherwise violate a third party's rights, collect information about third parties, without their express consent; interfere with or disrupt the MortgageeLink service or servers. MortgageeLink reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the MortgageeLink databases, at MortgageeLink's sole discretion, without any notice. MortgageeLink reserves the right to disclose subscriber names, company names, phone numbers and email addresses to third parties that offer services that MortgageeLink believes will be of interest to you. |
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Service Contact |
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If you need to contact MortgageeLink, please send e-mail to admin@MortgageeLink.com. |
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Access Restriction |
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You are responsible for safeguarding the confidentiality of your MortgageeLink password and user name. User names and passwords are for the sole use of the person that has subscribed for this service. User names and passwords are non-transferable. You are responsible for any use or misuse of your account resulting from any third party using a password or user name issued to you |
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Description Of Service |
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Subject to your timely payment of related fees, MortgageeLink is providing you with a capability to store and retrieve electronic data via the World Wide Web on MortgageeLink.com. MortgageeLink’s website allows some users to submit mortgage loan scenario information and other users to view that information and contact the users that submit loan scenarios. |
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Enhancing And Modifying The Service |
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MortgageeLink reserves the right to enhance, upgrade, or modify the Service with or without notice to you. MortgageeLink shall not be liable to you or any third party should MortgageeLink exercise its right to enhance or modify the Service. |
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Subscription Fees |
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Mortgage Brokers and Retail Loan Officers may use MortgageeLink's services for $19.95 a month. Wholesale Lender A.E.s can use MortgageeLink's services for Free. From time to time MortgageeLink may offer a Free Trial. When a Free Trial is offered, an automatic payment will begin the day after the Free Trial period ends unless the Free Trial is canceled before the Free Trial ends. There is a limit of 1 Free Trial account per person in a 12 month period. |
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Indemnification |
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You agree to indemnify, defend and hold harmless MortgageeLink, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, partners and agents harmless from and against any and all claims, demands, liability, damages costs and expenses (including but not limited to attorneys' fees) arising out of, or related to, your use of the MortgageeLink, your violation of this Agreement or any of the terms or conditions herein, or your infringement (including the infringement by any user of your account) of any intellectual property right or other right of MortgageeLink or any third party (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of your relationship with MortgageeLink or your use of MortgageeLink. |
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Links To Third Party Websites |
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Some links within the MortgageeLink may let users leave the MortgageeLink. You understand that the linked sites are not under the control of MortgageeLink and that MortgageeLink is not responsible for the contents or operation of such linked sites or any link contained in such linked site, or any changes or updates to such sites. MortgageeLink is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MortgageeLink of the linked site or any association with their operators. |
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Use Of Communication Services |
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The MortgageeLink may contain chat areas, news groups, bulletin board services, forums, personal and business web pages, communities, electronic mail postings 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 comply with all applicable laws and these Terms of Use, and to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. MortgageeLink reserves the right, but is not obligated, to review materials posted to a Communication Service and to remove any such materials in its sole discretion, without notice at any time. In addition, MortgageeLink reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Furthermore, MortgageeLink reserves the right to terminate or change any Communication Service at anytime. |
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No Resale Of The Service |
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You agree not to resell the MortgageeLink without the express consent of MortgageeLink. |
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Disclaimer Of Warranties And Limitation Of Liability |
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Your access to and use of the MortgageeLink, and products and services of MortgageeLink, is at your own risk. MortgageeLink, and its affiliates, will not be liable for any damage, loss or disclosure of information, data, revenue, accounts or business that occurs in connection with your use of the MortgageeLink, or such products or services. MortgageeLink makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the MortgageeLink, or such products or services. Without limiting the foregoing, MORTGAGEELINK AND/OR ITS RESPECTIVE PARTNERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN MORTGAGEELINK FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MORTGAGEELINK AND/OR ITS RESPECTIVE AFFILIATES HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL MORTGAGEELINK AND/OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY 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 MORTGAGEELINK OR RELATED SERVICES, WITH THE DELAY OR INABILITY TO USE MORTGAGEELINK OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SERVICES OR OTHERWISE ARISING OUT OF THE USE OF MORTGAGEELINK, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MORTGAGEELINK OR ANY OF ITS AFFILIATES 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. THE MAXIMUM LIABILITY OF MORTGAGEELINK TO YOU FOR ANY LOSS, CLAIM, DAMAGE, OR LIABILITY OF ANY KIND, INCLUDING DUE TO MORTGAGEELINK'S NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO MORTGAGEELINK FOR THE PARTICULAR MONTH THAT GAVE RISE TO SUCH CLAIM. IF YOU ARE DISSATISFIED WITH ANY PORTION OF MORTGAGEELINK, OR WITH ANY OF THESE TERMS OF USE AND NOTICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING MORTGAGEELINK AND ITS RELATED SERVICES. WITHOUT LIMITING THE FOREGOING, MORTGAGEELINK IS NOT RESPONSIBLE FOR ANY OF YOUR DATA RESIDING ON MORTGAGEELINK AND MORTGAGEELINK’S SERVERS. IT IS YOUR RESPONSIBILITY TO TAKE THE NECESSARY STEPS TO ENSURE YOUR PRIMARY MEANS OF BUSINESS IS MAINTAINED. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, MORTGAGEELINK MAKES NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED, TIMELY, ERROR FREE OR ALWAYS AVAILABLE; (II) REGARDING THE RELIABILITY OR ACCURACY OF THE SERVICES OR OF THE INFORMATION DISTRIBUTED, OBTAINED OR PRESENTED VIA THE SERVICES AND YOUR USE OF SUCH INFORMATION IS AT YOUR DISCRETION AND RISK; (III) THAT THE SERVICES WILL MEET ANY OF YOUR REQUIREMENT; OR (IV) THAT MORTGAGEELINK WILL CONTINUE TO OPERATE ITS SERVICE IN ITS CURRENT FORM. USE OF THE SERVICES BY YOU IS AT YOUR SOLE RISK. |
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General |
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This Agreement is governed by the laws of the State of Maryland, U.S.A. You hereby consent to the jurisdiction of and venue in courts located in Anne Arundel County, Maryland, U.S.A. in all disputes arising out of or relating to the use of the MortgageeLink. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against MortgageeLink, (or its affiliates). You agree that no joint venture, partnership, employment, or agency relationship exists between you and MortgageeLink as a result of this Agreement or use of MortgageeLink. MortgageeLink's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MortgageeLink's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the MortgageeLink or information provided to or gathered by MortgageeLink 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 the user and MortgageeLink with respect to the MortgageeLink and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MortgageeLink with respect to the MortgageeLink. 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. You may not rent, lease, license, grant a security interest in, or otherwise transfer or sublicense your rights hereunder to any third party. Use of the MortgageeLink is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. MortgageeLink's failure to insist upon strict performance of any of the provisions of this Agreement shall in no way constitute a waiver of future violations of the same or any other provision.If either you or MortgageeLink commences any action or proceeding against the other to enforce or interpret this Agreement, the prevailing party in such action or proceeding shall be entitled to recover from the other party the actual costs, expenses and attorneys' fees (including all related costs and expenses), incurred by such prevailing party in connection with such action or proceeding and in connection with obtaining and enforcing any judgment or order thereby obtained. |
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Termination |
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MortgageeLink may terminate this Agreement for any reason at any time by giving you notice of termination. Such termination shall be effective immediately once MortgageeLink sends a Termination Notice to the email address used by you to Login to MortgageeLink. Upon termination, your right to access and use the Services granted in this Agreement automatically terminates, and MortgageeLink shall have the right to delete all data, files, or other information relating to you that are stored by MortgageeLink relating to the Services. Any Fees due to MortgageeLink for Services provided to you shall become due immediately upon such termination. A late charge of 1.5% per month or the highest rate permitted by law will be charged for delays in payment of such Fees. Upon termination of this agreement by MortgageeLink any unused subscription fees will be prorated and returned to you within 15 days of termination unless termination was due to breach of this agreement by you. |
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Notices |
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All notices, requests, and other communications under this Agreement shall be in writing and be delivered in person, or sent by e-mail (electronic mail) to your e-mail address as provided by you to MortgageeLink, or sent by certified mail, return receipt requested, overnight courier service, or by facsimile to the address or facsimile number of the party set forth below, or to such other addresses or numbers as may be stipulated in writing by you and MortgageeLink pursuant hereto. Unless otherwise provided, notice will be effective on the date it is officially recorded as delivered by return receipt or equivalent or by facsimile confirmation date or two days after it is sent to you via e-mail. |
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Trademarks |
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MortgageeLink is either a trademark or registered trademark or service mark (collectively Trademark) of MortgageeLink. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The right to access and use MortgageeLink does not include any right to use such Trademarks of MortgageeLink |
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Headings |
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The section headings used in this Agreement are for convenience of reference only and shall not affect the meaning of the terms and provisions of this Agreement. MortgageeLink reserves any rights not expressly granted herein. |
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© Copyright 2008 MortgageeLink All rights reserved Terms Of Use Privacy Policy |
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