This agreement is between you and Mid America Mortgage, Inc. (“Company”) concerning your use of the Services.
Your use of the Services may be as any one or more of the following:
- A visitor to the Website. The Website means the chucknorsch.com website.
- A Registered Subscriber, an End User or any person to whom Company provides access to areas of the Website not generally accessible to the public.
Registered Subscriber includes a residential mortgage loan officer or other type of loan originator who provides information to the Website sufficient to obtain a User Name and Password and has the ability to initiate messages to an End User through the Website.
End User is a person who receives a message initiated by a Registered Subscriber by the Registered Subscriber’s authorized use of the Website.
“Services” include providing the Website and internet based data capture and storage that enable the exchange of information, via the internet and mobile communications devices, from or through actual and potential mortgage borrowers for use in applying for a mortgage; and obtaining access to the Website or its features not generally available to the public by use of a Company authorized and issued user name and password.
Company may change these Terms of Service at any time. Such changes are effective when any revised Terms of Service are posted on the website Your continued use of the Services as a visitor to the Website, Registered Subscriber or End User is your acceptance of any revised Terms of Service.
You represent and warrant that you are at least eighteen years of age or older and have all power and authority to agree to these Terms of Service. If you are an independent contractor providing procurement by separate written agreement with Company, these Terms of Service contain additional terms that You agree to. In the event of a conflict between your procurement agreement with Company and these Terms of Service, to the extent required to resolve the conflict, the procurement agreement controls.
Applicable Law and Jurisdiction. The Services are controlled and operated from the United States and are not intended to subject Company to the laws or jurisdiction of any other state, country or territory. The Services are intended only for use in the United States. You must comply with all applicable laws, rules and regulations in using the Services.
Your Use of the Services. Subject to these Terms of Service, Registered Subscribers, End Users and other persons to whom the Company grants access to areas not generally accessible to the public may use the Services. For example, Registered Subscribers may initiate messages and receive information. End Users may provide information using messages initiated by a Registered Subscriber.
User Names and Passwords. You are required to register to become a Registered Subscriber or to otherwise obtain access to areas of the Website not generally available to the public. Any person who obtains access to areas of the Website not generally available to the public will obtain a user name and password that separately or in combination, are unique to you. Your user name and password are confidential and for you exclusive personal use in accord with these Terms of Service. You agree not to access Services or locations on the website that are not part of your subscription or other access authorization. You will not directly, or indirectly, provide others with access to Services using your username and password. You agree to notify Company immediately of any confidentiality breach or unauthorized use of Services or access using your user name and password by email to email@example.com
Payments. For Registered Subscribers, You agree to pay for Services by credit card. Company will ask for your credit card number, expiration date, credit card billing address and security codes. YOU REPRESENT AND WARRANT
THAT YOU HAVE THE AUTHORITY TO USE THE CREDIT CARD AND ASSOCIATED INFORMATION
YOU USE TO PAY FOR SERVICES. You hereby authorize Company to charge the credit card using the information you provide for any set up fees associated with the Services and to automatically charge for monthly payments due for Services, each at the price then in effect when such charges are incurred. By submitting the credit card payment information, you hereby grant Company the right to provide the information to third parties for the purposes of your paying for Services. PAYMENTS MADE TO COMPANY FOR SERVICES ARE NON-REFUNDABLE.
Taxes. For Registered Subscribers, You hereby authorize Company to charge your credit card for any taxes that Company is required to pay or in fact is required to collect in connection with the Services.
Termination. This paragraph applies to Registered Subscribers. These Terms of Service begin upon your first use of the Services, including any trial period, and remain in effect until terminated. You may terminate Services at any time by sending an email to firstname.lastname@example.org . Include “Terminate Account” in the subject line. Provide your name and user ID along with a request to terminate Services. If you change your mind about termination, contact email@example.com within thirty days after your initial termination request. Company will waive the setup fee and authorize reactivation of your user name subject to your renewed agreement to these Terms of Service.
If Company believes you have violated these Terms of Service, or otherwise acted in a manner inconsistent with the spirit or intent herein, Company, in its sole judgment, may terminate Services or suspend your Services at any time and without notice to you and without liability to you or to any third party. For example, your credit card payment information becomes invalid or ineffective for use under the Payments section.
Upon any termination or suspension of Services, Your access to Submissions, Services, and any other materials accessible to you as result of the Services will cease.
Your Content. Information you submit through or in connection with the Services, store, transmit or display in using the Services is a Submission. You represent and warrant that you will keep the information in your Submissions accurate and complete and will update Submissions as needed to maintain such accuracy and completeness. For each Submission, and for no additional consideration, you hereby grant to Company a worldwide, royalty-free, fully paidup, non-exclusive, irrevocable, transferable and fully sublicensable license to reproduce, display, adapt, distribute, and transmit such Submissions in connection with the Services.
Objectionable Content. Company does not have the ability to control the nature of Submissions and does not have the obligation to monitor the content of Submissions. You are solely responsible for the content of your Submissions and your interactions with other users of the Services. You warrant Your Submissions do not infringe the rights of any third party or parties including any patent, copyright, trademark, trade secret, any obligation of confidentiality to a third party or any right of publicity of a third party.
- Was generally known to the public,
- Was known to the Company, without restriction, at the time of your disclosure;
- Is authorized, by you, to be disclosed to others;
- Was independently developed by the Company without any use of the Confidential Information;
- Is required to be disclosed by the Company under any order or requirement of a court, administrative agency, or other governmental body.
Intellectual Property (“IP”)
Trademarks and Service Marks. Company owns trademarks or service marks, whether common law, in registration, or registered in any particular jurisdiction, including the United States. Such trademarks or service marks include www.midamericamortgage.com and one or more composite marks consisting of graphic designs plus the word Company.
Trade Dress. All page headers, custom graphics, button icons, form designs including color selections and scripts constitute the trade dress of Company, whether or not so registered in any particular jurisdiction.
Copyrights. Company owns copyrighted works, whether or not so registered in any particular jurisdiction, including the United States. All materials on the website including all logos, designs, text, graphics, other files, the selection, organization and arrangement of any of the aforementioned, and any computer software or code, including source code and object code created by Company, are the copyrighted works of Company. Although any individual fact is not copyrightable, the selection, organization and arrangement of data and other information collected by Company is the copyrighted work of Company.
Patents. Certain aspects of the Services are the subject of one or more pending patent applications.
No Ownership In or License To Company IP. These Terms of Service do not, in any way, grant you an ownership interest in or license to any Company IP. You may not use such materials without Company’s advance written permission.
DMCA Copyright Policy and Copyright Agent. Company respects the IP rights of others and expects others to do the same. Company may remove content that, in its sole discretion, appears to infringe the IP rights of others. In addition, Company, in its sole discretion, may terminate or suspend the accounts of users who infringe the IP rights of others or otherwise block access to the Website. If you believe that a user of the Services has infringed your IP rights, please notify Company’s Copyright agent and provide the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the IP right,
- An identification of the IP claimed to have been infringed,
- A detailed description of the material that you claim is infringing, so that Company may locate it, including the URL where the infringing material appears,
- Your address, telephone number and email address,
- A statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the IP owner, its agents, or the law,
- A statement made under penalty of perjury by you that the information you submit in connection with the notice is accurate and that you are authorized to act on behalf of the owner of the IP rights involved.
Transmission and receipt of information may traverse various routes through a communications network or networks. The level of reliability of such transmissions varies according to the route of transmission. You are responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access and use the Services, and for paying all access charges (e.g., ISP, telecommunications) incurred while using the Services. Company is not responsible for the final delivery of any transmission initiated by you through the Services, as this is out of our control and is the responsibility of downstream communications carriers.
Initiation of message transmissions and receipt of information in the form of SMS or MMS messages is via telecommunications companies and mobile network operators. Company’s influence over the timing of the transmission of initiated messages and receipt of information is within the technical constraints imposed upon any individual route of transmission. While Company uses commercially reasonable efforts in initiating the transmission of a message and receipt of information, Company cannot commit to, and do not guarantee, a specific delivery time or receipt time. Such times depend on various network and system-related factors among the various entities involved in the transmission of your messages across the public switched telephone network and/or Internet.
You understand and acknowledge that communications carriers assign messages with a default lifetime and any message that cannot be delivered or received successfully within the lifetime assigned to it will be discarded by the communications carrier without any notice. Company is not liable for any loss incurred by the failure of a message to be delivered, and you acknowledge that damages for financial or other loss resulting from delivery failure cannot be claimed from Company for any such non-deliveries. Furthermore, you agree that message contents are deemed to have zero value.
You represent and warrant that the owners of the phone numbers you initiate messages to through the Services have consented or otherwise opted-in to the receipt of such messages as required by any applicable law or regulation. If applicable messages you initiate, you agree that you will include clear opt-out/unsubscribe information on your messages when required to do so by any applicable law or regulation and otherwise adhere to the Consumer Best Practices Guidelines promulgated by the Mobile Marketing Association and as may be amended from time to time. You further agree that if so requested, You will immediately place any individual requesting “Do-Not-Call” (“DNC”) status on your DNC accounts list. You further agree that you will not initiate any subsequent messages to any individuals after they request DNC status.
Prohibited Acts. You agree not to store, transmit or otherwise make available any materials through or in connection with the Services that might be illegal or objectionable to Company. You agree to refrain from using the Services in any manner that is illegal or that is objectionable to Company. Without any intention to be limiting, Company includes the following as objectionable to Company:
- Providing third parties access to Services by directly or indirect use of your user name and password, o Harvesting, collecting or otherwise aggregating information about other users of the Services, o Interfering with or disrupting the operation of the Services, including the website servers, network, or security thereof,
- Exploiting any portion of the Services, including the Website except as expressly authorized in the Terms of
Service herein, o Reverse engineering, decompiling or disassembling any portion of the website or associated software code except where such restriction is expressly prohibited by law, and
- Using any robot, spider, site search / retrieval application or other automatic or manual device to retrieve, index, scrape, data mine, or otherwise gather content from the website, or reproduce or circumvent the navigational structure of the Services.
Warranty Disclaimer. THE SERVICES ARE MADE AVAILABLE TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES INCLUDING: THAT THE SERVICES ARE UPDATED, COMPLETE, CORRECT OR
SECURE; WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE. ALL DISCLAIMERS HEREIN ARE MADE ON BEHALF OF COMPANY, ITS MANAGERS, OWNERS, PROCUREMENT SERVICES PROVIDERS, REPRESENTATIVES, LICENSORS, SUPPLIERS.
Indemnification. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COMPANY, ITS MANAGERS, OWNERS, PROCUREMENT SERVICES PROVIDERS, REPRESENTATIVES, LICENSORS, SUPPLIERS FROM AND AGAINST ALL CLAIMS, LOSSES, ADMINISTRATIVE ACTIONS, COSTS AND EXPENSES
(INCLUDING ATTORNEYS’ FEES AND ANY COSTS OF PROVIDING NOTICE) ARISING OUT OF YOUR USE OF OR ACTIVITIES IN CONNECTION WITH THE SERVICES INCLUDING ALL SUBMISSIONS; AND ANY VIOLATION OR ALLEGED VIOLATION OF THESE TERMS OF SERVICES BY YOU.
Limitation of Liability. COMPANY IS NOT LIABLE FOR PERSONAL INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, ENHANCED OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY THEORY INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS) BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF YOU WERE OR ARE ADVISED IN ADVANCE OF THE LIKLIHOOD OR POSSIBILITY OF SUCH DAMAGES OR LOSSES. COMPANY IS NOT LIABLE FOR YOUR USE OF OR INABILITY TO USE THE SERVICES OR FROM ANY PRODUCTS, SERVICES OR THIRD PARTY PRODUCTS OR SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THESE TERMS OF SERVICE IS TO TERMINATE YOUR USE OF THE SERVICES. THE MAXIMUM AGGREGATE LIABILITY OF COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IS FIFTY DOLLARS. ALL LIMITATIONS OF LIABILTY OF ANY KIND (IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF SERVICE) ARE MADE ON BEHALF OF COMPANY, ITS MANAGERS, OWNERS, PROCUREMENT SERVICES PROVIDERS,
REPRESENTATIVES, LICENSORS, SUPPLIERS.
Some exclusions of, or disclaimers of, warranties or limitations on damages may not be applicable in some jurisdictions. In that case, some of the disclaimers, exclusions or limitations above may not apply to you and you may have additional rights.
Force Majeure. Company is not liable for failing to perform under these Terms of Service by the occurrence of any event beyond its reasonable control, including a labor disturbance, Internet outage or interruption of services, a communications outage, failure of a communications service provider, fire, terrorism, natural disaster, war, or cyberattack.
Disputes. These Terms of Service are governed by the laws of the state of Texas, without regard to its principles of conflicts of law, regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR AND ARE FILED IN SMALL CLAIMS COURT, ALL DISPUTES ARISING EXCLUSIVELY OUT OF THESE TERMS OF SERVICE, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT COMPANY AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS OF SERVICE WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. If you proceed in small claims court, you consent to the exclusive jurisdiction of the small claims court located in in Harris County Texas Precinct 8 Place 2 Courthouse in the City of Houston located at 16603 Buccaneer Ln., Houston, TX 77062. Each party irrevocably consents to such personal jurisdiction and waives all objections thereto.
However, if either of us requests binding arbitration in writing, the dispute must be resolved by binding arbitration.
You and Company agree as follows. The arbitration will be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures, as amended by these Terms of Service. If there is a hearing, the arbitrator will conduct that hearing by remote electronic means, for example, a video conference or a conference telephone call. Conduct of administered arbitration by electronic means, including any hearing, is intended to be in lieu of in person proceedings. However, if any of the arbitrator, you or Company so requests, an in-person meeting may be conducted in lieu of by electronic means. Any such in-person meetings will be held at a location in Houston, Texas. If you, Company and the arbitrator are unable to agree upon a mutually convenient location in Houston, Texas; then the arbitrator will decide the location in Houston, Texas. The arbitrator’s decision will follow these Terms of Service and will be final and binding. The arbitrator will have the authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms of Service, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed by and enforced in any court having jurisdiction. The courts of the state of Texas (venue in Houston, Texas) will have exclusive jurisdiction to settle any claim, dispute or matter of difference that may arise out of or in connection with the arbitration. Nothing in these Terms of Service preclude you from bringing issues to the attention of appropriate local, state or federal government agencies. If applicable law allows, such agencies may be able to seek relief on your behalf.
Survival. The following sections having the following headings survive any termination of these Terms of Service: Disputes, Warranty Disclaimer, Indemnification, Limitation of Liability. Other sections, by their nature, may also survive any termination of these Terms of Service.
Contact Company. If you have a question, comment of compliant regarding the Services, please send an email to firstname.lastname@example.org. You may also contact Company by writing to Company, Attn. Customer Service Department, 27413 Tourney Road #150 Valencia, CA 91355. Please note that email communications will not necessarily be secure. Accordingly, you should not include credit card information or other sensitive or personal identifying information in your email, or other electronic correspondence with Company.
Miscellaneous. If any provision of these Terms of Service is found to be unlawful, void or for any reason unenforceable by an arbitrator or court as provided under these Terms of Service, we each agree that that provision is severable from these Terms of Service and will not affect the validity and enforceability of any remaining provision in these Terms of Service. No waiver by either of us is intended to be a waiver of any preceding or subsequent breach of default. Notices to you, including notices of changes to these Terms of Service, may be made via posting to the controlled access portion of the website
These Terms of Service are effective as of and was last updated on March 21, 2016.