If you agree to be bound by the terms of this Agreement, you should click on the "I AGREE" button at the end of this Agreement. If you do not agree to be bound by the terms of this Agreement, you should click "I DISAGREE." If you click "I DISAGREE," you will not be able to proceed with the registration process for the respective Service and become a subscriber. To the extent you have access to, or are using, a Service without having completed our registration process or clicked on an "I AGREE" button, you are hereby notified that your continued use of a Service is subject to many of the terms and conditions of this Agreement as explained in Section 5 below.
1. Changes to Subscriber Agreement
We may change the terms of this Agreement at any time by notifying you of the change in writing or electronically (including without limitation, by email or by posting a notice on the Service that the terms have been "updated"). The changes also will appear in this document, which you can access at any time by going to the Help section of a Service. You signify that you agree to be bound by such changes by using a Service after changes are made to this Agreement.
Your information may be stored and processed in the United States, and by subscribing to a Service, you consent to the transfer of information outside of your country. If your access to a Service has been provided by or through a third party (for example, your employer or an education institution where you are a student) (each, a "Third Party"), the Third Party may have provided us with information about you to enable us to provide you with access to the Service and distinguish you from other subscribers (such as your e-mail address or name). If you access a Service using a password, you are solely responsible for maintaining the confidentiality of that password. If you provide someone else with access to your password to a Service, they will have the ability to view information about your account and make changes through the website for the Service. Similarly, if you tell someone the answer to your security question for a Service, they will be able to request information about your account and make changes through Customer Service. You agree to notify us promptly if you change your address or email so we can continue to contact you and send any notices required hereunder. If you fail to notify us promptly of a change, then any notice we send to your old address or email shall be deemed sufficient notice.
3. Subscriber Fees and Refund Policy.
Current subscription fees are
$49 for 30 days
$99 for 6 months
$149 for 1 year
$249 for 2 years
You agree to pay the Subscription Fees and any other charges incurred in connection with your user name and password for publisher (including any applicable taxes for Texas residents) at the rates in effect when the charges are incurred. Charges will be billed to your credit card unless you pay by check. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. You are responsible for any fees or charges incurred to access publisher through an Internet access provider or other third party service.
This subscription will NOT automatically renew. Please contact us at 214.521.1300 or SubscriptionHelp@MortgageDaily.com to set up a recurring subscription.
If for any reason you are dissatisfied with your subscription, you may request a refund within seven days of purchase, as follows
$50 for 6 months
$100 for 1 year
$200 for 2 years
*NO refunds for 30-day subscriptions
**NO refunds for denial of access to Live Conference
Please send your request to SubscriptionHelp@MortgageDaily.com
If you are authorized to access publisher through arrangements between your employer and us, some or all of these "Fees and Payments" terms may not apply to you. Please contact your employer for details.
4. Limitations on Use
4a. Only one individual may access a Service at a time using your user name or password. You may share your login information with other users, but you will be responsible if you become locked out while another person uses your account.
4b. The text, graphics, images, video, metadata, design, organization, compilation, look and feel, advertising and all other protectable intellectual property (the "Content") available through the Services are our property or the property of our advertisers and licensors and are protected by copyright and other intellectual property laws. Unless you have our written consent, you may not sell, publish, distribute, retransmit or otherwise provide access to the Content received through the Services to anyone, including, if applicable, your fellow students or employees, with the following exceptions:
4b(i) You may occasionally distribute a printed copy of an article, or a portion of an article, from a Service in non-electronic form to a few individuals without charge, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear in the Service, original source attribution, and the phrase "Used with permission from MortgageDaily.com."
You can print and distribute unaltered MortgageDaily.com stories to:
- Executives Within and Outside Your Mortgage Organization;
- Prospective Borrower Clients;
- Realtor Referral Sources; ir
- Other Referral Sources Such as Builders, Accountants and Organizations.
Here is what is prohibited:
- You cannot distribute MortgageDaily.com stories in any electronic format including fax, e-mail and online Web pages. You can, however, post just the headline, first paragraph and link to the story on your Web page or in an e-mail.
- You cannot reprint or distribute MortgageDaily.com stories if you are associated with (by employment or otherwise) any electronic, printed or other type of news publication.
- You cannot reprint MortgageDaily.com stories if you are associated with (by employment or otherwise) any company or publication that competes with MortgageDaily.com.
- You cannot reprint MortgageDaily.com stories for re-sale or include them in a publication that is sold for profit.
- You cannot alter the text of any story in any way.
Please contact MortgageDaily.com at 214.521.1300 about reprints if you need to distribute an article from a Service to a larger number of individuals, on a regular basis or in any other manner not expressly permitted by this Agreement.
4b(ii) While you may download, store and create an archive of articles from the Service for your personal use, you may not otherwise provide access to such an archive to more than a few individuals on an occasional basis. In addition, you may not use such an archive to develop or operate an automated trading system or for data or text mining.
4c. You agree not to rearrange or modify the Content. You agree not to create abstracts from, scrape or display our content for use on another web site or service (other than headlines from our RSS Feed with active links back to the full article on the Service). You agree not to post any content from the Services (other than headlines from our RSS Feed with active links back to the full article on the Service) to weblogs, newsgroups, mail lists or electronic bulletin boards, without our written consent.
4d. You agree not to use the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to a Service if, in our opinion, your use of the Service may violate any laws, regulations or rulings, infringe upon another person's rights or violate the terms of this Agreement. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.
4e. Your purchase of a subscription does not guarantee that you will have access to Live Conference, whether due to technical reasons or due to administrative decisions.
5. Community; User Generated Content
5a. User Name. We require you to register to have access to our community area. We require that you use your own first and last name as your user name for community. With certain exceptions, when you register, we will prefill your user name with your own name. It is your responsibility to choose your password wisely. If you have concerns or believe that someone is using your password without your authority, please contact Customer Service. We reserve the right to disclose any information about you, including registration data, in order to comply with any applicable laws and/or requests under legal process, to operate our systems properly, to protect our property or rights, and to safeguard the interests of others.
5b. User Generated Content.
5bi. User Content. We offer some users the opportunity to comment with our Live Conference. Any content, information, graphics, audio, images, and links you submit as part of creating your profile or in connection with any of the foregoing activities is referred to as "User Content" in this Agreement and is subject to various terms and conditions as set forth below.
5bii. Cautions Regarding Other Users and User Content. You understand and agree that User Content includes information, views, opinions, and recommendations of many individuals and organizations and is designed to help you gather the information you need to help you make your own decisions. We do not endorse any recommendation or opinion made by any user. We do not routinely screen, edit, or review User Content. However, we reserve the right to monitor or remove any User Content from the Services at any time without notice. You should also be aware that other users may use our Services for personal gain. As a result, please approach messages with appropriate skepticism. User Content may be misleading, deceptive, or in error.
5biii. Grant of Rights and Representations by You. If you upload, post or submit any User Content on a Service, you represent to us that you have all the necessary legal rights to upload, post or submit such User Content and it will not violate any law or the rights of any person. You agree that upon uploading, posting or submitting information on the Services, you grant MortgageDaily.com, and our respective affiliates and successors a non-exclusive, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable right and license to use, distribute, publicly perform, display, reproduce, and create derivative works from your User Content in any and all media, in any manner, in whole or part, without any duty to compensate you. You also grant us the right to authorize the use of User Content, or any portion thereof, by users and other users in accordance with the terms and conditions of this Agreement, including the rights to feature your User Content specifically on the Services and to allow other users or users to request access to your User Content, such as for example through an RSS Feed.
5biv. We may also remove any User Content for any reason and without notice to you. This includes all materials related to your use of the Services or membership, including email accounts, postings, profiles or other personalized information you have created while on the Services.
5cv. Rules of Conduct. All users must comply with the Community Rules.
5cvi. Copyright/IP Policy. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.
6. Third Party Web Sites, Services and Software
We may link to, or promote, web sites or services from other companies or offer you the ability to download software from other companies. You agree that we are not responsible for, and do not control, those web sites, services and software.
7. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY
YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT AVAILABLE THROUGH THE SERVICES IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MortgageDaily.com AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS ("THE MortgageDaily.com PARTIES") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE MortgageDaily.com PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE MortgageDaily.com PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
This Agreement contains the final and entire agreement between us regarding your use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services. We may discontinue or change the Services, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of New York, United States of America applicable to contracts made entirely within New York and wholly performed in New York, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in New York. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
9. Additional Terms and Notices
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