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MORTGAGE PREPAYMENT | MORTGAGE QUALIFY | MISCELLANEOUS | DIRECTORY | SITEMAP |
Agreement of Terms of Use |
By visiting, using and/or submitting information to www.mortgagecalc.com (the “Site”), you agree to be bound by the terms and conditions of this Agreement of Terms of Use (the "Agreement") and the Site's Privacy Policy, located at http://www.mortgagecalc.com/privacy (the “Privacy Policy”). This Agreement contains an agreement to arbitrate all claims and disclaimers of warranties and liability. Your Compliance with this Agreement You represent that you have the capacity to be bound by this Agreement, or if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity. In order to determine your compliance with this Agreement, your access of the Site may be monitored and used in accordance with the Site’s Privacy Policy. Your Access and Use of the Site Your right to access and use the Site is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Site for lawful purposes and pursuant to the terms and conditions of this Agreement and the Site’s Privacy Policy. Your access and use of the Site may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Site or other actions that are taken. The right to suspend or discontinue the availability of the Site and/or any portion or feature of the Site at any time and without prior notice is hereby reserved. Any action by you that: (i) violates the terms and conditions of this Agreement and/or the Site’s Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of the Site; or (iii) through the use of the Site, defames, abuses, harasses, offends or threatens, shall not be permitted, and may result in your loss of the right to access and use the Site. You shall not metatag, provide links to or frame the Site without prior express written permission. Public Forums The Site may act as a venue, through its chat rooms, bulletin boards and other forums (collectively, the “Forums”), allowing the public to contribute information and make statements. The actual transmission of information and statements provided for in the Forums is independent of the Site and therefore there is no approval or endorsement of any information or statements in the Forums. You hereby acknowledge and agree that the quality, correctness, timeliness, safety, truth, accuracy or legality of any information provided for by you or any other person or entity in the Forums will not be controlled. You may find information posted in the Forums by other users to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense, and do not rely solely on information or statements published in the Forums. Without limiting the generality of the foregoing, and although information provided for in the Forums is not regularly reviewed, the right, but not the obligation, to remove or edit any information in the Forums is hereby reserved. Immediately report problems with the Forums to webmaster@mortgagecalc.com. Transmissions, Submissions and Postings to the Site If you transmit, submit or post information to the Site that is not Federally trademarked and/or copyrighted, you automatically grant a worldwide, fully-paid, royalty-free, exclusive right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content (as defined below). Provided that you have obtained prior written permission to transmit, submit or post information to the Site that is Federally trademarked and/or copyrighted, you automatically grant a worldwide, fully-paid, royalty-free right to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content. You shall not transmit, submit or post the following to the Site:
Although your transmissions, submissions or postings are not regularly reviewed, the right (but not the obligation) to edit, refuse to post or remove your transmissions, submissions or postings is hereby reserved. Pursuant to the Site’s Privacy Policy, transmissions, submissions or postings made by you may be reviewed to determine your compliance with this Agreement. Intellectual Property Rights The names "Mortgagecalc.com", and the Site’s graphics, logos, page headers, button icons, scripts, and service names are licensed trademarks or trade dress in the United States and/or other countries (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without prior express written permission, which permission may be withheld. Any third-party names, trademarks, and service marks are property of their respective owners and therefore there is no proprietary claim to any third-party names, trademarks or service marks appearing on the Site. The information, advice, data, software and content viewable on, contained in, or downloadable from, the Site (collectively, the "Content"), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, renditions and floor plans, are copyrighted, or otherwise licensed. A copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the “Collective Work”) is also owned. All software used on the Site (the “Software”) is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work or the Software. You shall be solely responsible for any damage resulting from your infringement of any party's intellectual property rights regarding the Trademarks, the Content, the Collective Work, the Software and/or any other harm incurred as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement. Your Use of the Content You are granted a limited license to access, print, download or otherwise make personal use the Content and the Collective Work in the form of: (i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, for your non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content and the Collective Work. You may not modify the Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble the Content and the Collective Work, or transfer the Content or the Collective Work to another person or entity. Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content and the Collective Work as permitted by this Agreement, is permitted by you without the express prior written permission, which permission may be withheld for any reason. You may not use any meta tags or any other “hidden text” utilizing the name or trademarks without express written permission, which permission may be withheld for any reason. Access and Interference Electronic Communications When you visit the Site or send email through the Site, you are communicating electronically. You consent to receive communications electronically. Although communication with you may be done by regular mail, communication with you may be done by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. Your Responsibility for Equipment and Related Costs You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use the Site, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of the Site. Third Party Links There may be provided on the Site links to other Web sites belonging to advertisers, business partners, affiliates and other third parties. Such links do not constitute an endorsement of those Web sites, nor the products or services listed on those Web sites. There shall be no responsibility for the activities or policies of those Web sites. There is no endorsement or recommendation as to the products of any particular advertiser, business partner, affiliate or other third party. There is no guarantee that the loan terms or rates offered by any particular advertiser, business partner, affiliate or other third party on the Site are the best terms or lowest rates available in the market. Copyright Infringement Our policy is to comply with the Digital Millennium Copyright Act, title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws. In appropriate circumstances, the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of any party shall be disabled and/or terminated. Notifications (each a “Notification”) of claimed copyright infringement should be sent by either express mail or U.S. mail to the designated agent set forth below: Name and Address of the designed agent to Which Notification Should be Sent:
Pursuant to Title 17, United States Code, Section 512(c)(3), to be effective, the Notification must include the following:
Upon receipt of the written Notification containing the information as outlined in 1 through 6 above, and pursuant to Title 17, United States Code, Section 512:
Counter Notification: Pursuant to Title 17, United States Code, Section 512(c)(3), a Subscriber may counter a Notification by providing a written communication (“Counter Notification”) to the designated agent that includes substantially the following:
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, and pursuant to Title 17, United States Code, Section 512:
No Representations or Warranties Regarding the Content THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SITE ARE PROVIDED TO YOU ON AN "AS-IS" AND “AS AVAILABLE” BASIS. NO REPRESENTATIONS OR WARRANTIES ARE MADE OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR ASSOCIATED WITH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND ALL PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH THE SITE IS AT YOUR SOLE RISK. NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH THE SITE, NOR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH THE SITE ARE HEREBY MADE. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH THE SITE. NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM THE SITE IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION IS HEREBY MADE. The Content is intended only to assist you with financial decisions and is broad in scope and does not consider your personal financial situation. Your personal financial situation is unique and the information and advice may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should obtain additional information and advice of your accountant and other financial advisors who are fully aware of your individual circumstances. Limitations on Liability IN NO EVENT SHALL WE BE RESPONSIBLE TO, OR LIABILE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (II) YOUR ACCESS AND USE OF THE SITE; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE THE SITE FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; (V) YOUR RELIANCE UPON OR USE OF THE CONTENT OR THE COLLECTIVE WORK, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you. Indemnification You shall defend, indemnify and hold harmless all affiliates of this Site, including officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates, from and against all claims and expenses, including, but not limited to, attorneys' fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required; (iii) your access or use of the Site; and/or (iv) access or use of the Site under any password that may be issued to you. Amendments of this Agreement The right to update, amend and/or change this Agreement at any time and without notice is hereby reserved. Updates to this Agreement will be posted here. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The last update to this Agreement was August 11, 2006. Your continued access and use of the Site following the posting of any such changes shall automatically be deemed your acceptance of all changes. Remedies You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all other rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of Palm Beach County, Florida, or the United States District Court, Southern District of Florida. You consent to the jurisdiction of such court and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules. Governing Law; Arbitration This Agreement is to be governed by and construed in accordance with the internal laws of the State of Florida, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you as provided above, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Palm Beach County, Florida. THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. BY USING THE SITE YOU CONSENT TO THESE RESTRICTIONS. The parties shall select the arbitrator, and if the parties are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator for the arbitrator's fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator's fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs. Should a Dispute or any lawsuit arise and should the arbitration provisions herein become inapplicable or unenforceable, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Palm Beach County, Florida. Miscellaneous The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. All covenants, agreements, representations and warranties made in this Agreement, as may be amended from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement. This Agreement and the Site’s Privacy Policy located at the URL http://www.mortgagecalc.com/privacy represent the entire understanding and agreement regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same. If you have questions, comments, concerns or feedback regarding this Agreement or the Site, please contact us via any of the methods set forth below:
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