A Quick Overview
How your website works including privacy is a big hot button item for us. Mortgage Website Pro stores the admin username and password for various websites. We no interest in combing through your account. We are all about lead generation and, in order to automatically post to your blog(s) for you, we need this type of direct access. If you are uncomfortable with Mortgage Website Pro having direct access to your website, we’re sorry.
Our Posting Schedule
Mortgage Website Pro writes posts up to every calendar day, except those which are considered federal holiday and weekends; and on days the banks are closed. You’ll get a whole bunch of blog posts per year from us, give or take a few, depending on the calendar. Mortgage Website Pro makes posts frequently and our content is usually posted prior to 10:00 AM CST. However, on some days, we miss our deadline. It doesn’t happen often, but it happens. Sometimes, we’ll notify you of the delay and other times we won’t. If the delay is major or related to a technical issue of some kind, we’ll notify you either by email or other means.
The Risks of Aggregating Blog Posts Via API’s.
The Mortgage Website Pro business model leverages publicly-available APIs to post directly to our members’ blogs. Sometimes, APIs and the methods to access APIs change. These changes rarely occur without warning which means we will generally have ample notice to make the appropriate changes to our code. However, if an API changes unexpectedly and it causes our service to break, we’ll work to make the fix. Recognize that some APIs are owned by third-parties and changes may force us to alter the way we do business.
Credit Card And Billing Information Protection
Mortgage Website Pro processes credit cards and manages monthly billing through PayPal. None of your credit card information is stored on the Mortgage Website Pro servers. We do this for security reasons. Additionally, PayPal masks credit card numbers and expiration dates from merchants like us. We don’t have access to your billing information.
Membership Is Monthly or Yearly And May Be Canceled At Any Time.
All Mortgage Website Pro memberships are recurring monthly and billed on the first day of your monthly cycle. There is no long-term contract unless you pre-pay for the year. You may cancel at any time during your first 30 days and receive a refund on all membership monies paid and any unused portion of the setup fees. After your first 30 days is over, should you choose to cancel your membership, you will not be entitled to a partial refund for any “unused portion” of the current membership fees. Your service will remain active through the next renewal date after your cancellation.
Mortgage Website Pro Website Setup Fees
Our Mortgage Website Pro marketing websites are packed with value at a very low upfront investment. This is due to our business model which features long term commitment to add value to your online marketing presence. Our normal setup time is between 1 and 2 weeks. Any lag beyond this time frame is typically caused by compliance reviews or content delivery from you. The way we keep our prices low is by our rapid development process. You still have our 100% Money Back Delivery Guarantee for a full 30 days from the date you purchase your system. Your service fees will start on the monthly anniversary date following your date of purchase. There are no exceptions to this policy.
Our 100% Money Back Delivery Guarantee
We understand how stressful it can be to hire someone to put your web presence together. You want the best quality results, and don’t want to waste your money or connect with someone who delivers poor quality, keeps your money, and then just disappears. We guarantee our work 100%. No hassles, no excuses. If we don’t deliver exactly what we promise within the first 30 days, we’ll immediately make it right or we’ll give your money back. After all, we work primarily by referral so the last thing we want is an unhappy customer!
Software Can Break.
Like all software, Mortgage Website Pro is bound to face technical troubles and/or unexpected errors. We certainly don’t want our product to have bugs, but it does happen. If Mortgage Website Pro fails in the technical sense, we’ll evaluate the cost of the fix versus the perceived benefit to our members. In nearly all cases, we fix the bug. In some cases, however, we may choose to leave the bug as-is as a “known issue”. You shall not hold us responsible for personal or business matters related to technical errors or other bugs.
Accounts Are For Your Personal Marketing Only. You May Not “Share” An Account.
Mortgage Website Pro is not a “sharing” product. We expect the consumers of our content to be paying subscribers. Legitimate business partnerships may jointly own an account, but individuals may not. As an example, a Mortgage team comprised of a Loan Officer and a Loan Officer Assistant may share an account and not be in violation of these terms. The team may not share their account with a lending partner, however, nor another real estate agent in the office.
You Assume Some Risks When You Edit Mortgage Website Pro Content.
Mortgage Website Pro produces content that is ready to use. Our charts, text and graphics are either home-grown or specifically licensed for use. If you edit a specific Mortgage Website Pro post in any manner whatsoever, this pledge is nullified. We can’t be responsible for content once it’s been edited.
All images presented on your Mortgage Website Pro website are solely your responsibility. You must be aware of appropriate copyright rules and the penalties for infringement. We will provide licensed, royalty-free images to our Mortgage Website Pro clients during the website setup process.
We Will Market To You From Time-to-Time. Responsibly and Rarely.
We are a marketing company and we know the value of a good database. We also know that sending you spam will kill our goodwill. Therefore, expect to receive specific marketing messages from us on occasion. You can opt-out of these emails, but we think you’ll benefit from getting them. For example, the messages we like to send out are the ones with discount codes to industry conferences you’re probably attending anyway, or the ones with tips on doing a whole lot more with your blog with minimal effort. We don’t spam. We know you’d hate us for it.
Unauthorized duplication of MWP websites.
MWP does not grant the right to duplicate, clone, replicate or in any other way make a copy of any part of any of our services or website content, including all parts used therein to produce websites such as plugins, images, media, and programming for any reason to include any website currently managed or hosted on the MWP servers. Any MWP customers whether current, former, affiliates, or employers of any aforementioned entity shall be held liable and subject to legal action and a fine of not less than $10,000. All Mortgage Website Pro websites must be hosted by Mortgage Website Pro.
1. Core Principles
When you use the Services, we collect the following information, and use it only as described below:
2.1. Account Information. This may include your name, address, email address and phone number. We use this information in the ways you would expect, such as to set up your Account or contact you.
2.2. Third Party Account Information. If you use Third Party Services, such as social media or photo-sharing services, you may provide us with your Third Party Services account information, such as your username (note that we don’t store any passwords you use to access Third Party Services). We transmit, and may store, such account information, only as needed to provide the Services, and only in accordance with the terms and policies of the Third Party Services.
2.4. Communications With Us. When you send us emails or other communications, such as customer support inquiries, we maintain those communications and their contents so that we can resolve your inquiries or otherwise assist you.
2.5. Public Comments On The Services. We maintain any comments, contributions to discussions or messages submitted to users of the Services, in order to provide the Services.
2.6. Files You Provide Us. When you use the Services, we store, process and transmit your User Content (such as your photos) and information related to your User Content (such as location tags in photos). We process and store such files and information in order to provide the Services, as described in our Terms of Service.
2.7. Usage Information. This includes information about your activity on and interaction with the Services, such as your IP address, your device or browser type, the webpage you visited before coming to our sites and identifiers associated with your devices. This information enables us to analyze how the Services are being accessed and used, and to track performance of the Services.
2.8. Location Information. Your devices (depending on your settings) may transmit location information to the Services. We use this information to customize, improve and protect the Services. For example, we may use your location information to determine local language preferences, or to geotag a post.
Clear Gifs: We and certain Third Party Services may employ a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), which enables them and us to improve our Services by measuring their effectiveness and performance. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, however unlike cookies these are not stored on your device, but are instead embedded within our Services.
Behavioral Targeting/Re-Targeting: Certain Third Party Services and ad networks may display advertising on our Website or manage our advertising on other websites. Such parties may use certain tracking technologies to collect certain information about your activities on the Services and different third party websites to provide you with targeted advertising based on your interests and preferences. You may opt-out of receiving targeted ads from certain advertisers and ad networks by clicking here.
2.9a Why Do We Collect Such Information? Where Do We Store Your Information?
MWP may collect, store and process certain Non-personal and Personal Information of Users-of-Users (“Users-of-Users Information”), solely on our Users’ behalf and at their direction. For example, each of our Users may be able to import their e-mail contacts from third party services like Gmail, or otherwise collect and manage contacts via their User Website. Such contacts are then stored with MWP, on the User’s behalf.
For such purposes, MWP serves and shall be considered as a “Data Processor” and not as the “Controller” (as both such capitalized terms are defined in the European Data Protection Directive) of such Users-of-Users Information. The Users controlling and operating such User Websites shall be considered as the “Controllers” of such Users-of-Users Information, and are responsible for complying with all laws and regulations that may apply to the collection and control of such Users-of-Users Information, including all privacy and data protection laws of all relevant jurisdictions.
You are responsible for the security, integrity and authorized usage of your Users-of-Users’ Personal Information, and for obtaining any consents and permissions required for the collection and usage of such information.
MWP cannot provide legal advice to Users or their Users-of-Users, however we do recommend that all Users publish and maintain clear and comprehensive privacy policies on their User Websites, in accordance with the applicable laws and regulations, and that all Users-of-Users carefully read those policies and make sure that they consent to them.
If you are a visitor, user or customer of any of our Users, please read the following: MWP has no direct relationship with the individual Users-of-Users whose Personal Information it processes. If you are a visitor, user or customer of any of our Users, and would like to make any requests or queries regarding your Personal Information, please contact such User(s) directly. For example, if you wish to access, correct, amend, or delete inaccurate information processed by MWP on behalf of its Users, please direct your query to the relevant User (who is the “Controller” of such data). If requested to remove any Users-of-Users’ Personal Information, we will respond to such request within thirty (30) days. Unless otherwise instructed by our User, we will retain their Users-of-Users’ Personal Information for the period set forthbelow.
When you use the Services, we may share your information only as described below:
3.1. Third Parties You Authorize. You can give third parties access to you and your End Users’ information on the Services. For example, you may wish to integrate Your Sites with a third party newsletter service that requires access to the email addresses you collect from your End Users, in order for that newsletter service to send emails on your behalf and at your direction. Just remember that such third party’s use of this information will be governed by the terms and privacy policies of the third party.
3.2. Following The Law. We may disclose your information to third parties if we determine that such disclosure is reasonably necessary to comply with the law, protect our rights or prevent fraud or abuse of Mortgage Website Pro or our users. When we receive law enforcement or national security requests for information, we strongly believe in privacy and transparency. We scrutinize such requests carefully and challenge vague, overbroad or otherwise unlawful requests. And when legally permitted, we provide our users with notice that their information is being requested. This notice is provided so that you have the opportunity to challenge such requests.
3.4. Business Transfers. If we’re involved in a reorganization, merger, acquisition or sale of our assets, your information may be transferred as part of that deal.
While no service is completely secure, we have a security team dedicated to keeping your information safe. We employ security measures such as using firewalls to protect against intruders, building redundancies throughout our network (so that if one server goes down, another can cover for it) and testing for and protecting against network vulnerabilities. Payment information is transmitted using HTTPS encryption.
We’ll retain your personal information for as long as we need it to provide you with the Services. You can ask for your personal information to be deleted at any time by deleting your Account or contacting us. Please note that there may be latency in deleting your personal information from our servers and backup storage, and we may retain your personal information in order to comply with the law, protect our rights, resolve disputes or enforce our agreements.
To modify or delete the personal information you have provided to us, simply log into the Services and update your profile. We may retain certain information as required by law or for necessary business purposes. On request, we’ll provide you with a copy of your personal information that we maintain. This request may be subject to a fee not exceeding the prescribed fee permitted by law.
We may periodically email you service-related announcements. We’ll also send you emails related to your transactions. We may also send you marketing or promotional communications, but you can opt out of receiving subsequent marketing or promotional communications by clicking the link marked unsubscribe (or a similar phrasing) that’s included in those communications.
9. End User Information
9.3. End User Payment Information. Your End Users’ payment information may be processed via third party eCommerce Payment Processors with which you integrate your Account, in accordance with such eCommerce Payment Processors’ terms and policies. We transmit your End Users’ complete payment information when they initially provide or update it, only so that we can pass it along to the eCommerce Payment Processors you agree to use. We don’t collect or store your End Users’ payment information.
10.1. Compliance. Mortgage Website Pro complies with the EU-U.S. framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal information transferred from the European Union to the United States (“EU Personal Data”). We make our best effort to produce content that is compliant for the Mortgage Industry as outlined by the CFPB. It is the responsibility of the Mortgage Website Pro customer to verify that all content on their website is compliant and shall not hold Mortgage Website Pro liable.
This Agreement was originally written in English (US). We may translate this Agreement into other languages. In the event of a conflict between a translated version and the English version, the English version will control.
Terms of Service
Welcome to Mortgage Website Pro (the “Service” or “MWP”). Whether you are an account holder having a Blog Site on one of MWP’s web services, including the URL www.mortgagewebsitepro.com (an “Account Holder”), or a guest invited by an Account Holder (a “Guest”) to post comments or author content on an Account Holder’s Blog Site, your use of the Service is subject to these Terms of Service (“TOS”). MWP reserves the right to update and change the TOS from time to time without notice or acceptance by you. The TOS will also be applicable to the use of the Service on a trial basis. By using the Service, you signify your irrevocable acceptance of the Terms of Service.
MWP provides some Account Holders with a web site on MWP’s Internet Property, Servers, or additional storage (a “MWP Blog Site”). Each MWP Site has a limited disc space. The Service also includes tools that enable Account Holders to send MWP-published or Account holder content to third-party websites. The type, fitness and number of tools may vary from time to time according to MWP’s policies and your status as an Account Holder or a Guest. Unless explicitly stated otherwise, any new feature that augments or enhances the current Service, including the release of new MWP tools and resources, shall be subject to the TOS. Unless explicitly stated otherwise, any new feature that augments or enhances the current Service, including the release of new MWP properties, shall be subject to the TOS. You agree not to access the Service by any means other than through the interfaces that are provided by MWP for use in accessing the Service.
In order to use the Service, you must have a valid MWP account. To be an Account Holder with your own Site, you must provide MWP with a credit card, billing and other information (“Registration Data”). Account Holders may choose a password and account designation for your Blog Site during the Service’s registration process. If you are using the Service as a Guest, you must also go through the registration process and provide the registration data requested. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree (a) to notify MWP immediately of any unauthorized use of your password or account or any other breach of security, and (b) to ensure that you log out of your account at the end of each session. MWP cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3. In consideration of use of the Service, you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form, and (b) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MWP has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MWP has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Users under 13 years of age are required to have a parent or legal guardian review and complete the registration process.
The credit card that Account Holders provide as part of the Registration Data will be automatically billed in U.S. dollars. Please note that unless MWP gives notice to the contrary, payment for the Service is billed on a monthly or annual basis and is non-refundable.
CANCELLATION AND TERMINATION
If you cancel the Service before the end of the then-current term, and after the first 30 days of Site activation, your cancellation will take effect immediately without proration or refund. After cancellation, you will no longer have access to your MWP Site and all information contained therein may be deleted by MWP. The website will no longer be available online. Site access can be restored with a hosting subscription for a seperate monthly fees. If you are a Guest, the Account Holder who invites you may request MWP to, and MWP may, terminate your Service at any time and for any reason. If your credit card is invalid for any reason, the Service may be cancelled and all the information contained in your MWP Blog Site may be deleted permanently. You agree that MWP, in its sole discretion, may terminate your password, and/or account, and remove and discard any Content within the Service (including, but not limited to your MWP Blog Site if you are an Account Holder), for any reason, including and without limitation, the lack of use, or if MWP believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with your deleted MWP Blog Site (as applicable) and all its parts, at MWP’s discretion, will be terminated as well. MWP may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that MWP may immediately deactivate or delete your MWP Site, as applicable, and all related information and files. MWP reserves the right to bar any further access to such files or the Service. You agree that MWP shall not be liable to you or any third-party for any termination of your access to the Service, and MWP accepts no liability for information deleted upon termination.
OWNERSHIP OF WEBSITE ACCOUNT AND SECURITY
You are responsible for maintaining the security of your account and MWP Site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the MWP Site, including those of your Guests. You agree immediately to notify MWP of any unauthorized uses of the account or any other breaches of security. MWP cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will MWP be liable, in any way, for any acts or omissions by an Account Holder or a Guest, including any damages of any kind incurred as a result of such acts or omissions.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials (together,”Content”) are the sole responsibility of the person from which such Content originated. This means that you, and not MWP, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. MWP does not control the Content (other than MWP Content, as defined below) posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will MWP be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that MWP does not pre-screen Content, but that MWP and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, MWP and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by MWP or submitted to MWP. You acknowledge and agree that MWP may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of MWP, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Should Content be found or reported to be in violation with, but not limited to, the following terms, the actions to be taken will be determined by MWP in its sole discretion.
You agree that you will not:
- upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
- harm or attempt to harm minors in any way;
- impersonate any person or entity, including, but not limited to, MWP personnel, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
- upload, post, or transmit unsolicited commercial email or “spam.” This includes unethical marketing, advertising, or any other practice that is in any way connected with “spam,” such as (a) sending mass email to recipients who haven’t requested email from you or with a false return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical;
- upload, post or otherwise transmit any material that contains 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;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any regulations having the force of law;
- stalk or otherwise harass another;
- promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
- offer for sale or sell any item, good or service that (a) violates any applicable federal, state, or local law or regulation, (b) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (c) MWP determines, in its sole discretion, is inappropriate for sale through the Service provided by MWP;
- use the Service as a forwarding service to another website; or
- exceed the scope of the Service that you have signed up for; for example, accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other people’s comments or content as a Guest. If any user is reported to be in violation with the letter or spirit of these terms, MWP retains the right to terminate such account at any time without further warning.
CONTENT OWNERSHIP AND RULES:
If you are an Account Holder, you will have the ability to supply Content which you have authored for placement on your MWP Blog Site. Such content is referred to herein as “Your Content.” MWP does not claim ownership of Your Content. Subject to the terms and conditions of this Agreement and during the term hereof, however, you hereby grant MWP a world-wide, royalty-free, non-exclusive license to reproduce, adapt and publish Your Content solely for the purpose of displaying, distributing and promoting your MWP Blog Site on MWP’s Internet properties. This license exists only for as long as you continue to be a MWP customer and shall be terminated at the time your MWP Blog Site is terminated.
You acknowledge that MWP does not pre-screen Your Content, but that MWP and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any of Your Content that is available via the Service. Without limiting the foregoing, MWP and its designees shall have the right to remove any of Your Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any of Your Content, including any reliance on the accuracy, completeness, or usefulness of such content.
You acknowledge and agree that MWP will be the only external content provider for your MWP Blog Site in content categories where MWP provides MWP Content (as defined below).
CONTENT OWNERSHIP AND RULES:
If you are an Account Holder, MWP will supply Content for placement on your MWP Site daily or at least as often as new Content authored by MWP becomes available to similarly-situated customers of MWP. Such Content is referred to herein as “MWP Content.” MWP content will not be supplied on federal holidays or on days in which the stock and/or bond markets are closed. You shall have no ownership interest in the MWP Content. Subject to the terms and conditions of this Agreement and during the term hereof, however, MWP hereby grants you a limited, non-exclusive and non-transferable license to use the MWP Content as follows: (1) to receive MWP Content from MWP and to have the MWP Content automatically incorporated into your MWP Site; (2) to include on your MWP Site hypertext links which enable “point and click” access to locations of MWP’s websites specified by MWP (and subject to change by MWP from time to time). The foregoing license exists only for so long as you continue to be a MWP Account Holder and shall be terminated at the time your Blog Site is terminated. (4) to receive MWP Content from MWP and to have the MWP Content automatically incorporated into your third-party Site.
Each day on which MWP Content is published by MWP, you may elect to incorporate MWP Content into your MWP Blog Site, verbatim, together with Your Content. You do not have any right to remove, obscure or alter any legal notices, including notices of intellectual property rights appearing in or on any MWP Content. MWP may from time to time issue additional guidelines with respect to use or display of any of the MWP Content, or issue requirements based upon MWP’s obligations to third-party content providers, and you will implement such requirements upon request. You will implement and/or cooperate with MWP in its implementation of bug fixes, updates, and minimum build requirements for any MWP Content supplied by MWP, promptly upon the request of MWP.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MWP has no control over such sites and resources, you acknowledge and agree that MWP is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MWP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
REPRESENTATIONS, WARRANTIES AND INDEMNITY
You hereby represent and warrant to MWP as follows:
- You have legal power and authority to enter into this Agreement and to perform the acts required of you hereunder;
- Your actions pursuant to this Agreement do not and will not violate any other agreement to which you are bound;
- You will comply with all applicable laws, rules and regulations when using the Service; and
- This Agreement will constitute your legal, valid and binding obligation, enforceable against you in accordance with its terms.
- You agree to indemnify and hold MWP, and its subsidiaries, affiliates, owners, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your Content, your use of the Service, your Guests’ activities, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that MWP may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time. You are responsible for reviewing the current TOS posted on MWP’s web sites from time to time.
14. MODIFICATIONS TO SERVICE
MWP reserves the right at any time and from time to time to modify or discontinue the Service, temporarily or permanently, with or without notice at any time. You agree that MWP shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
15. MWP’S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that certain information contained presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by MWP or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
This site (the “Site”) is operated by Mortgage Website Pro. It is intended for your information, education and communication. Please feel free to browse the Site; however, your access and use of the Site is subject to the following terms of service (“Terms of Service”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Service. Please note that this Site and the services offered are only open to users 13 years of age or older. If you do not agree with all of the following Terms of Service, please do not use this Site.
Mortgage Website Pro reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Changes and/or modifications shall become effective immediately upon the posting. Please review these Terms of Service periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of these Terms of Service.
Use of Materials Contained on this Site
The Site contains material that is derived in whole or in part from material supplied by Mortgage Website Pro and other sources, and is protected by U.S. and international copyright and trademark laws. No material (including but not limited to the text, images, audio and/or video) and no software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the “Materials”) may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, except that you may download one copy of the Materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the Materials or use of the Materials for any other purpose is a violation of Mortgage Website Pro’s or such other sources’ copyright, trademark and other proprietary rights. The use of any such Materials on any other web site or networked computer environment without Mortgage Website Pro’s express written consent is prohibited.
Mortgage Website Pro does not accept or consider creative ideas, suggestions or materials other than those Mortgage Website Pro has specifically requested. This is to avoid the possibility of future misunderstandings when projects developed by Mortgage Website Pro’s staff might seem to others to be similar to their own creative ideas, suggestions or materials.
If you do send us any creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information or if you transmit to the Site by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the “Information”), the Information shall be deemed, and shall remain, the property of Mortgage Website Pro. None of the Information shall be subject to any obligation of confidence on the part of Mortgage Website Pro. and Mortgage Website Pro shall not be liable for any use or disclosure of any Information. Mortgage Website Pro shall exclusively own any now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.
Materials contained in this Site or in links from this Site are dated as of the date originally issued or indicated on the Material and may no longer be accurate. Mortgage Website Pro assumes no obligation to update such Materials.
Materials contained in (or directly accessible from) this Site may contain information that is, or may be deemed to be, forward-looking statements within the meaning of section 27A of the Securities Act of 1933, as amended, and section 21E of the Securities Exchange Act of 1934, as amended. These forward-looking statements are not based on historical facts, but rather reflect Mortgage Website Pro’s current expectation concerning future results and events. These forward-looking statements generally can be identified by the use of statements that include phrases such as “believe,” “expect,” “anticipate,” “intend,” “plan,” “foresee,” “likely,” “will,” or other similar words or phrases. Similarly, statements that describe our objectives, plans or goals are or may be forward-looking statements. These forward-looking statements involve known and unknown risks, uncertainties and other factors that are difficult to predict and which may cause the actual results, performance or achievements of Mortgage Website Pro. to be different from any future results, performance and achievements expressed or implied by these statements. The following important factors, among others, could affect future results, causing these results to differ materially from those expressed in our forward-looking statements: advertising market conditions generally; changes in the public acceptance of Mortgage Website Pro’s programming; changes in technology and its effect on competition in Mortgage Website Pro’s markets; changes in the Federal Communications laws and regulations; the impact of piracy on Mortgage Website Pro’s products; the impact of consolidation in the market for Mortgage Website Pro’s programming; other domestic and global economic, business, competitive and/or regulatory factors affecting Mortgage Website Pro’s businesses generally; and other factors described in Mortgage Website Pro’s previous news releases. The forward-looking statements included in this Site or in links from this Site are dated as of the date originally issued or indicated on the material and may no longer be accurate and, under section 27A of the Securities Act, as amended and section 21E of the Exchange Act, as amended, Mortgage Website Pro does not have any obligation to publicly update any forward-looking statements to reflect subsequent events or circumstances.
Hyperlinks to Third Party Sites
The appearance of external hyperlinks does not constitute endorsement by Mortgage Website Pro, its subsidiaries and affiliates of the opinions or views expressed by these linked websites and Mortgage Website Pro does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in these sites. Furthermore, Mortgage Website Pro is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites. As such, neither Mortgage Website Pro nor any of its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. To the extent that these sites collect personal information or postings from the end user, be advised that in no event shall Mortgage Website Pro. assume or have any responsibility or liability for the manner in which such information or postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these sites. Finally, Mortgage Website Pro will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these sites.
Termination of the Service
Mortgage Website Pro may terminate the Site or any services included on or through the Site at any time with or without cause or notice. Mortgage Website Pro shall not be liable any party for such termination.
If you object to any of the Terms of Service contained herein, you may discontinue use of the Site or services. You may cancel subscriptions to any Mortgage Website Pro newsletters by following the directions provided in each newsletter to which you have subscribed.
You agree to indemnify, defend and hold harmless, Mortgage Website Pro, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Service by you. Mortgage Website Pro reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Mortgage Website Pro in asserting any available defenses.
Limitation of Liability/Disclaimer
Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the Materials contained in the Site, or with any of these Terms of Service, your sole and exclusive remedy is to discontinue accessing and using the Site.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER MORTGAGE WEBSITE PRO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
You specifically acknowledge and agree that Mortgage Website Pro is not liable for any defamatory, offensive or illegal conduct of any user.
Mortgage Website Pro also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any Materials from the Site.
Mortgage Website Pro does not warrant or make any representations of any kind or nature with respect to the Materials. Therefore, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that material posted on the Site infringes your copyrights, you should follow the following procedures, which are set forth in the Digital Millennium Copyright Act (DCMA).
Notice of the claimed infringement must be submitted to the Site’s Designated Agent.
Service Provider: Mortgage Website Pro
Address of Designated Agent: 614 Walsh Hill Trl. Cedar Park TX 78613
Telephone Number of Designated Agent: 512.777.1219
E-mail Address of Designated Agent: Contact
To be effective, the notification must be in writing and include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of a Notification, service provider will take such action as appropriate under the DMCA.
Mortgage Website Pro operates and controls this site from its offices at 614 Walsh Hill Trl. Cedar Park TX 78613. This site is intended exclusively for residents of the United States.
Mortgage Website Pro makes no representation that materials on this Site are appropriate or available for use in any particular location. Those who choose to access this Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Any email address or personal information you enter in to a form on MortgageWebsitePro.com may result in subscription to our content update notification service.
Software from this Site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported to re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
These Terms of Service contain the entire understanding and supersede all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of these Terms of Service are found to be illegal or unenforceable, these Terms of Service will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. The TOS and the relationship between you and MWP shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and MWP agree to submit to the personal and exclusive jurisdiction of the courts located within Cedar Park, Texas. The failure of MWP to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and MWP and governs your use of the Service, superseding any prior agreements between you and MWP (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use third-party services, content or software. If any provision of the TOS or the incorporated documents are found by a court of competent jurisdiction to be invalid, the you nevertheless agree with MWP that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS should remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
MortgageWebsitePro.com does all it can to prevent abuse and infringement of rights by use of its website. As you understand, due to the fact that the content on our website is uploaded by the users, we do not have control over all content that is uploaded.
If you have a complaint regarding any content uploaded to our website by any user, please notify us and we will deal with it immediately.
Below is the information regarding the submission of abuse complaints. Please follow the instructions so we can assist you in getting your abuse complaint resolved in an efficient manner.
Please note that any statements made by any MWP employee or representative in connection to a complaint include no promises of action on which you should rely.