Last updated 9-27-2016
Please review the following terms and conditions carefully. By using the web based resources (the Site), the emailed and/or text messaged market updates and alerts (Updates), and/or the personalized weekly market summary (MortgageTime℠), (collectively the Services) you agree to comply with and be bound by the terms and conditions of this Agreement. If you do not agree to these terms and conditions, you should not use the Services. You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit to MBSQuoteline is correct and complete.
1. Acceptance of Agreement.
You agree to the terms and conditions set forth in this Agreement. This Agreement is between you and Ress No. 1 Ltd., a Texas limited partnership d/b/a MBSQuoteline ("MBSQuoteline"), the owner of the Service. When using the Services, you will be subject to all applicable policies, rules and guidelines posted on the Site (collectively, the "Policies").
Services are available only through registration and the purchase of a subscription to the Services. These features may be offered at no charge on a temporary basis at the discretion of MBSQuoteline during a Free Trial period.
- You agree to pay in advance, using a valid credit card that MBSQuoteline accepts or by check as agreed to by MBSQuoteline, the subscription fees as identified on the Site or such other fees as agreed to by both parties, and applicable taxes. MBSQuoteline reserves the right to increase the fees or to institute new fees at any time upon notice posted on the Site or via electronic mail. This Agreement will automatically renew on a monthly basis or such other term as agreed to by both parties, unless either party has terminated this Agreement. Upon such renewal, MBSQuoteline will automatically charge your account for renewal of your subscription or will send an invoice for your payment by check. The renewal charge will be the current published rates for the term of your subscription. In the event MBSQuoteline cannot charge your account or you do not timely pay by check, MBSQuoteline reserves the right to terminate your access to the Service.
- You agree that MBSQuoteline may terminate, modify or suspend the Services, or parts thereof, to you at any time for any or no reason. If any such termination, modification, suspension occurs with more than one month remaining as paid for under your subscription, you may request a refund for the prorated portion of the Fee paid for the Services which were terminated, modified, or suspended and therefore not delivered.
- Unless license to do otherwise has been agreed to by MBSQuoteline, each registration is for your personal use only and not on behalf of any other person or entity. MBSQuoteline does not permit (a) any other person using the Services under your name or password; (b) forwarding the Updates to others, or (b) access to Services through a single name or single password being made available to multiple users. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account.
3. Modifications to this Agreement, Policies, and Services.
MBSQuoteline has the right to modify, suspend or discontinue at any time this Agreement or any Policy affecting the Services. Your continued use of the Services after the effective date of such modifications constitutes your acceptance of and agreement to such changes.
MBSQuoteline may also impose limits on certain features and services or restrict your access to all or any portion of the Services at any time without notice or liability.
You are responsible for regularly reviewing the terms and conditions of this Agreement and the Policies and notices posted on the Site. The latest form of this Agreement will be posted on the Site. You should review this Agreement prior to each time that you access the Site.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Services are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any content or part of the Services, except as allowed by Section 6 below, is strictly prohibited. Reproduction or storage of all content in the Services, including, without limitation, text, graphics, button icons, logos, audio clips, images, digital downloads, documents, information, data compilations and software (collectively, the "Content") downloaded, accessed or retrieved from the Services is subject to the U.S. Copyright Act of 1976 and all applicable state, federal and international laws, treaties and conventions. All Content is copyrighted material of MBSQuoteline or any of its affiliates, vendors, contractors, agents or content providers. Except as expressly provided in this Agreement, MBSQuoteline and its affiliates, vendors, contractors, agents and content providers do not grant any express or implied rights or licenses under or related to any patents, copyrights, trademarks, trade secrets or other intellectual property rights. You will not acquire any ownership rights to any of the Content.
5. Trademarks and Service Marks.
Any word, name, symbol or device bearing the symbol "TM", "SM" or "�" or any similar Indication is a trademark or service mark of MBSQuoteline or any of its affiliates, vendors, contractors, agents or content providers, or any third party. No right or license related to any trademark or service mark is provided to you. Unauthorized use of any service mark or trademark appearing on the Site is strictly prohibited.
6. Limited License; Permitted Uses.
You are granted a limited, non-exclusive, non-transferable, non-assignable, revocable license (a) to access and use the Services, strictly in accordance with this Agreement; (b) to use the Services solely for internal, personal, non-commercial purposes; (c) to print out discrete information from the Services solely for internal, personal, non- commercial purposes; (d) to distribute certain Content, but only to the extent such distribution is expressly permitted and provided that no deletions or modifications are made to such Content, (e) to forward to others, including to your customers, prospects, contacts and referral partners, as you choose, your personalized MortgageTimeSM, subject to making no changes to the content and preserving all copyrights, and mark such Content with the appropriate copyright markings.
7. Do Not Rely on Market Information.
MBSQuoteline may make available to you through the Services a broad range of financial information that MBSQuoteline obtains from third party content providers. This includes, without limitation, financial market data, quotes, news, analyst opinions, and research reports (collectively, the "Market Information"). MBSQuoteline does not endorse or approve Market Information, and MBSQuoteline makes it available to you only as a service and convenience. MBSQuoteline and its third party content providers do not (a) guarantee the accuracy, timeliness, completeness or correct sequencing of Market Information, or (b) warrant any results from your use or reliance on Market Information. Market Information may be or may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. Neither MBSQuoteline nor any third party content provider is obligated to update any information or opinions contained in any Market Information, and MBSQuoteline may discontinue offering Market Information at any time without notice. You agree that neither MBSQuoteline nor any third party content provider will be liable to you in any way for the termination, interruption, delay, or inaccuracy of any Market Information. Except as expressly provided in Section 6 above, you will not redistribute or facilitate the redistribution of Market Information, nor will you provide access to Market Information to anyone who is not authorized by MBSQuoteline to receive Market Information. The Market Information and all other Content are for personal informational and personal entertainment purposes only and should not be used or construed as an offer to sell, a solicitation of an offer to buy, or endorsement, recommendations, or sponsorship of any company, investment or security by MBSQuoteline. You acknowledge and agree that any request for information is unsolicited and shall neither constitute nor be construed as investment advice by MBSQuoteline to you. You acknowledge and agree that any reliance upon the Market Information available through the Service is at your own sole risk.
8. No Investment Advice or Recommendations
IT IS STRONGLY RECOMMENDED THAT YOU SEEK OUTSIDE ADVICE FROM A QUALIFIED SECURITIES PROFESSIONAL OR PROFESSIONAL FINANCIAL ADVISOR PRIOR TO MAKING ANY SECURITIES INVESTMENT. MBSQuoteline does not provide or guarantee any legal, tax, or accounting advice or advice regarding the suitability, profitability, or potential value of any particular investment, security, or informational source. Although the Services may provide information relating to investment approaches and opportunities to buy or sell securities or bonds, you should not construe any Market Information, features, tools or other Content or any Services as legal, tax, investment, financial or other advice. Nothing contained in the Services constitutes a solicitation, recommendation, endorsement, or offer by MBSQuoteline or a third party content provider to buy or sell any securities, bonds or other financial instruments.
You should not base any investment decision upon any information obtained through the Services. You alone assume the sole responsibility for evaluating the merits and risks associated with any investment that you may make. In exchange for using the Services, you agree not to hold MBSQuoteline or any third party content provider liable for any possible claim or action for any costs, fees or damages arising from any decision you make based on information made available to you through the Services or, including without limitation, the Market Information and all other Content.
9. No Linking to the Site without Prior Written Consent.
You may not link to the Services without the prior written consent of MBSQuoteline. MBSQuoteline may refuse any request to allow links to the Services in its sole discretion. If MBSQuoteline grants you prior written consent to link to the Services, MBSQuoteline may withdraw such consent at any time.
10. Errors, Corrections and Changes.
MBSQuoteline does not represent or warrant that the Services will be error-free, free of viruses or other harmful components, or that defects will be corrected. MBSQuoteline does not represent or warrant that the Content available on or any content, materials or information available through the Services will be correct, accurate, timely or otherwise reliable. MBSQuoteline may make changes to the features, functionality or content of the Services at any time. MBSQuoteline reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the Site.
You agree to indemnify, defend and hold MBSQuoteline and its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information, content and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney fees, related to your violation of this Agreement or use of the Services.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. MBSQUOTELINE AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SERVICES OR OTHER SERVICES OR PRODUCTS AVAILABLE ON OR THROUGH THE SITE (INCLUDING WITHOUT LIMITATION, THROUGH ANY LINKING TO ANOTHER PARTY'S WEB SITE), EXCEPT AS PROVIDED IN SECTION 13(b) BELOW. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, MBSQUOTELINE AND ITS AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MBSQUOTELINE AND YOU. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MBSQUOTELINE, THROUGH THE SERVICES OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. LIMITATION OF LIABILITY.
- MBSQUOTELINE AND EACH OF ITS AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (A) ANY DELAY IN, FAILURE IN PERFORMANCE, ERRORS IN OR OMISSIONS FROM THE SERVICES OR ANY SERVICES OR PRODUCTS OBTAINABLE THEREFROM, (B) THE UNAVAILABILITY OR INTERRUPTION OF THE SERVICES OR ANY FEATURES THEREOF, (C) YOUR USE OF THE SERVICES, (D) THE CONTENT CONTAINED ON THE SITE OR ANY INFORMATION OR CONTENT AVAILABLE THROUGH THE SERVICES, OR (E) ANY COMPUTER VIRUSES OR OTHER HARM TO COMPUTERS, SYSTEMS, SOFTWARE OR TELECOMMUNICATION SERVICES.
- THE AGGREGATE LIABILITY OF MBSQUOTELINE AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THE CONTENT, MARKET INFORMATION, OR OTHER SERVICES PROVIDED OR AVAILABLE ON OR THROUGH THE SERVICES SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST MBSQUOTELINE AND ANY AND ALL AFFILIATED PARTIES.