Terms of Use
Updated as of June 29, 2011
Welcome to YourMortgageEngineer.com. The following terms of use (“Terms of Use”) govern your use of the YourMortgageEngineer.com website (the “Website”). It is vitally important that you read the Terms of Use carefully as your use of the Website and the services and goods provided through our Website will constitute your agreement to be legally bound by the terms and conditions set forth in these Terms of Use.
If for any reason you do not agree to these Terms of Use in their entirety, you may not use the services provided by the Website.
We may amend the terms and conditions of these Terms of Use from time to time. If you continue to use the services provided by the Website after the amendments become effective, you are deemed to have agreed to be bound by the Terms of Use as amended. If you do not agree to the amended Terms of Use, then you agree not to use the services. Your continued use of the services constitutes an affirmative acknowledgment by you of the Terms of Use as amended and agreement by you to abide and be bound by the Terms of Use as amended.
1. Our Service
The Website provide information on the mortgage industry, home loans and refinances, as well as a means to apply for a home loan (the “Service”).
The Service is intended as a guide for people looking to buy a home or refinance an existing home. We make no guarantees that you will successfully qualify for a home loan. There are too many variables, such as your credit score, your employment history, the nature of the economy, acts of God, etc., that can have potentially harmful effects on your ability to attain a mortgage.
2. Links
The Website and its affiliates may provide links to external websites or resources for your convenience and reference only. The Website and its affiliates do not endorse and are not responsible for the availability of these external websites or resources or for any content, advertising, products, or other materials on or available from such external websites or resources. Your use of and dealings with the owners or operators of these external websites or resources are at your own risk. You cannot make any claim against our Website or its affiliates arising out of your use of external websites or resources.
3. Confidentiality Agreement
You acknowledge and agree that all content and materials available on this site, including but not limited to systems, designs, wording, colors and graphics are proprietary trade secrets protected by copyrights, trademarks, service marks, patents, or other proprietary rights and by other laws and that their use is restricted by the terms of this agreement. Use of the content or materials on this site for any purpose without written permission from Tammi Robson, Metro Lenders Inc. is strictly prohibited. You further agree that you will create no derivative works of this site or the products offered within.
4. Restrictions on Use of the Service
The following restrictions apply to your use of the Service:
(a) Your use of the Service is subject to all applicable laws and regulations and must be consistent with the security and reliability of the Service and the World Wide Web.
(b) You are solely responsible for the content of your transmissions and the products or services you buy or request through the Service.
(c) In the event that you wish to provide feedback or testimonials to the Website related to your use of the Service as a consumer, please send your comments via the feedback form on the Website. By submitting any comments to the feedback form, you (i) represent and warrant that the content contained in the submission is true and accurate and that you own all right, title and interest to such content; and (ii) give your consent to use, display and reproduction of all or part of such comments (including your first and last name, and your business name and website address) on the Website or in Website marketing materials; and (iii) further give consent to our royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
(d) You acknowledge and agree to all of the-then current terms of the Website’s Privacy Policy as set forth on the Website and as updated from time to time by the Website in its sole discretion.
5. Prohibited Conduct
You must not: (a) use the Service for any illegal purpose or for the transmission of any material that is unlawful, harassing, libelous, invasive of another’s privacy, harmful, obscene, tortious, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another; (b) directly or indirectly, interfere or attempt to interfere with the proper working of the Website, any account, or any communication or transaction being conducted on our Website; (c) use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content on the Website without our prior expressed written permission; (d) take any action which imposes an unreasonable or disproportionately large load on our infrastructure, (e) use or disclose (to anyone except the Website) any information you obtain from the Website, (f) conduct fraud, hide or attempt to hide your identity, represent yourself as someone else, use a false email address, compromise or attempt to compromise the security of any account, interfere or attempt to interfere with the proper working of the Service, or (g) send any unsolicited e-mail or advertising to any known user.
6. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK AND THAT THE Website PROVDIES THE SERVICE ON AN “AS IS” BASIS. THE Website EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FOR THE AVOIDANCE OF DOUBT, THE Website WILL BEAR NO LIABILITY FOR ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS DISPLAYED, PURCHASED OR OBTAINED BY YOU IN CONNECTION WITH THE SERVICE.
THE Website MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THE Website MAKE ANY WARRANTY AS TO CONFIDENTIALITY, PRIVACY OR USE OF ANY USER’S INFORMATION, EXCEPT AS SET FORTH IN THE Website PRIVACY POLICY, OR AS TO THE ACCURACY, VALIDITY, QUALITY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR OTHERWISE POSTED ON THE WEBSITE. ANY INFORMATION ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE.
7. Limitation of Liability
THE Website SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR INFORMATION, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF THE Website HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Indemnification
You agree to indemnify and hold harmless the Website, Metro Lenders Inc., its subsidiaries, affiliates, directors, officers and employees from any claim or demand (including reasonable attorneys’ fees) made by any third party due to or arising out of your use of the Service, your violation of these Terms of Use, or your infringement of any intellectual property or other right of any person or entity.
9. Termination
If you breach any provision of the Terms of Use, you may no longer use the Service. You may cease using the Services at any time.
The Website may, in its sole discretion, change, suspend, or terminate, temporarily or permanently, the Service or any part of it at any time, for any reason, without notice to you and without liability to you or any other person.
If the Website terminates the Terms of Use for any reason, the Terms of Use will continue to apply and bind you with respect to your prior use of the Service. Upon termination, the Website may remove from the Website and permanently delete and destroy any content that you or others may have posted or submitted without any prior notice or liability to you or any other person.
10. Miscellaneous
Trademarks referenced on the Website are the registered trademarks of the respective website owners.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
Nothing in these Terms of Use is intended to or will create any form of partnership, joint venture, agency, or employment relationship between the parties. You may not assign these Terms of Use, by operation of law or otherwise, without the prior written consent of the Website. These Terms of Use shall inure to the benefit of and be binding upon you and the Website and your and our respective successors and permitted assigns. The failure of either party to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. If a court of competent jurisdiction declares any provision of these Terms of Use to be invalid or unenforceable, the remainder of these Terms of Use will continue in full force and effect. These Terms of Use shall be construed in accordance with the laws of the State of Colorado, without giving effect to its conflict of laws provisions. You and the Website agree to submit to the exclusive jurisdiction of the state courts located in Denver County, Colorado, and the Colorado Federal Courts, with respect to disputes hereunder. These Terms of Use constitute the entire agreement between you and the Website relating to the subject matter hereof and supersedes all prior agreements relating to the subject matter hereof.
