Terms & Conditions
Updated: July 17, 2020
You agree to the Agreement in its entirety when you: (a) access or use the Site; (b) access and/or view any of the text, video and other information made available on the Site (the “Content”); and/or (c) utilize the various contact forms on the Site in order to submit a request to be contacted by Company and/or Company’s third-party loan product and/or service providers (“Third Party Services Providers”) in order to receive quotes and other information associated with loan-related products and/or services (“Third Party Products”) as offered by the Third Party Service Providers (collectively, the “Contact Services,” and together with the Site and Content, the “Site Offerings”). Please review the complete terms of the Agreement carefully. If you do not agree to the Agreement in its entirety, you are not authorized to use the Site Offerings in any manner or form.
Please be advised that Company is not a lender, broker or other financial services provider. Company does not itself provide any Third Party Products, or other loan-related or other financial products and/or services, and the ultimate terms & conditions of any such products and/or services will be determined by the applicable Third Party Services Provider. You understand and agree that Company shall not be liable to you or any third party for any claims related to the Third Party Products offered by any Third Party Services Provider.
- Requirements. The Site Offerings are available only to individuals who can enter into legally binding contracts under applicable law. The Site Offerings are not intended for use by individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age). If you are under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age), you do not have permission to use and/or access the Site Offerings.
- Modification of Agreement. The Agreement constitutes the entire and only agreement between you and Company with respect to your use of the Site Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Site Offerings. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site Offerings. By your continued use of the Site Offerings, you hereby agree to comply with and be bound by all of the terms & conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions in effect at the time of the subject dispute).
- Non-Endorsement; Passive Conduit.
- Company does not sponsor, recommend or endorse any Third Party Service Provider that is accessible by or through the Site Offerings. The Site Offerings facilitate communication between users and potential Third Party Service Providers. The Third Party Service Providers that are accessible by and through the Site Offerings pay a fee for access to the users that utilize the Site Offerings. Company does not guarantee that you will successfully find any applicable Third Party Product, or other product and/or service, through the Site Offerings.
- Please use caution and common sense when using the Site Offerings. Company in no way endorses the content or legality of any responses, statements or promises made by Third Party Service Providers or any other parties featured through the Site Offerings.
- The determination as to the suitability or value of applicable Third Party Products should not be based solely on advertisements, claims of expertise or cost offered by any Third Party Service Provider. Company does not review the standing of any Third Party Service Providers with any regulatory authority. Company is not responsible for, and in no way endorses, any description or indication of specialization or limitation of any Third Party Service Provider that is accessible by or through the Site Offerings. Therefore, Company makes no representation regarding the status, standing, trustworthiness, honesty, integrity, behavior and/or ability of any Third Party Service Provider. Users should make an independent investigation of, and confirm and verify all claims made by, the Third Party Service Providers. You are encouraged to use caution when reviewing any information made available by Third Party Service Providers.
- Company does not involve itself in the agreements between users and Third Party Service Providers or the actual provision of Third Party Products in connection with the relationships created thereby. Therefore, Company does not make any representations regarding the competency, trustworthiness, honesty, integrity and/or behavior of the Third Party Service Providers. Each user, and not Company, is solely responsible for assessing the competency, trustworthiness, honesty and integrity of all Third Party Service Providers that the user contacts via the Site Offerings.
- License Grant.As a user of the Site Offerings, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site Offerings and associated content in accordance with the Agreement. Company may terminate this license at any time for any reason. You may use the Site Offerings on one computer for your own personal, non-commercial use. No part of the Site Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site Offerings or any portion thereof. Company reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site Offerings. You may not take any action that imposes an unreasonable or disproportionately large load on Company infrastructure. Your right to use the Site Offerings is not transferable.
- Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Site Offerings are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Site Offerings is strictly prohibited. Systematic retrieval of material from the Site Offerings by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company is prohibited. You do not acquire ownership rights in or to any content, document, software, services or other materials viewed by or through the Site Offerings. The posting of information or material on or through the Site Offerings by Company does not constitute a waiver of any right in or to such information and/or materials. The Mortgagewiki name and logo, and all associated graphics, icons and service names, are trademarks of Company All other trademarks are the property of their respective owners. The use of any trademark without the applicable trademark owner’s express written consent is strictly prohibited.
- Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing by or through the Site Offerings.
- Legal Warning. Any attempt by any individual, whether or not a Company customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site Offerings, is a violation of criminal and civil law and Company will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
- Indemnification. You agree to indemnify and hold Company, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site Offerings; (b) your breach of the Agreement; (c) any dispute between you and any Third Party Service Providers; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section 10 are for the benefit of Company, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
- Disclaimer of Warranties. THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, COMPANY MAKES NO WARRANTY THAT: (A) THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WILL MEET YOUR REQUIREMENTS; (B) THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY FOR THIRD PARTY PRODUCTS FROM OUR THIRD PARTY SERVICE PROVIDERS; (D) THAT YOU WILL REALIZE ANY SPECIFIC FINANCIAL BENEFIT AND/OR OUTCOME; OR (E) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WILL BE ACCURATE OR RELIABLE. THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY, ITS THIRD PARTY SERVICE PROVIDERS OR OTHERWISE THROUGH OR FROM THE SITE OFFERINGS, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
- Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE SITE OFFERINGS; (C) THE FAILURE TO QUALIFY FOR THIRD PARTY PRODUCTS FROM OUR THIRD PARTY SERVICE PROVIDERS; (D) THE FAILURE TO REALIZE ANY SPECIFIC FINANCIAL BENEFIT AND/OR OUTCOME; (E) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (F) ANY OTHER MATTER RELATING TO THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE COMPANY AND ITS THIRD PARTY SERVICE PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF COMPANY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
- Third Party Websites. The Site Offerings may provide links to and/or refer you to other Internet websites and/or resources including, but not limited to, Third Party Service Provider websites. Because Company has no control over such third party websites and/or resources, you hereby acknowledge and agree that Company is not responsible for the availability of such third party websites and/or resources. Furthermore, Company does not endorse, and is not responsible or liable for, any terms & conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
- Digital Millennium Copyright Act. .If you believe that your work has been reproduced and is available on our Site in a way that constitutes copyright infringement, or that our Site contains links to an online location that contains material that infringes upon your copyright, you may notify us by providing our copyright agent with the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512 (“DMCA”).To file a copyright infringement notification with us, please send a written communication to: [email protected]. Please include the following in the communication:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works, a representative list of such works.
- Identification of the material that you claim is infringing or which you claim is the subject of infringing activity.
- Information reasonably sufficient (e.g. URL, Screenshot) to help Company locate the material you claim is infringing.
- Your contact information so that Company can reach out to you in regards to your communication
- The statement, “I have a good faith belief that use of the material in the manner stated in this communication is not authorized by the copyright owner, its agent, or the law.”
- The statement, “The information in this notification is accurate, and under penalty of perjury, I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Your physical or electronic signature
- Miscellaneous. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and Company and governs your use of the Site Offerings, superseding any and all prior and/or contemporaneous agreements between you and Company. To the extent that anything in or associated with the Site Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Company may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without any notice to you. The Agreement, may not however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such Agreement section.
- Contact Us If you have any questions about the Agreement, the Site Offerings or your dealings with Company, please email us at: [email protected]