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Before becoming a subscriber (a "Subscriber") to The Mortgage Market Guide, Mortgage Market Guide Weekly, Certified Scripts for Success or any other Mortgage Market Guide, LLC service, ("Service(s)”) you must read and agree to the following terms and conditions of use (the "Terms and Conditions") which govern your use of this Website and your relationship with Mortgage Market Guide, LLC, and all individuals and companies associated with this Website (collectively referred to as "MMG" or "We"). If you do not agree to these Terms and Conditions, do not use the Service. We may change the Terms and Conditions from time to time and at any time without notice to you, by posting such changes on this Website. By using the Service following any modifications to these Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.
Terms and Conditions
By using the Service, including any content contained therein, you agree that use of the Service is entirely at your own risk. MMG is not a registered investment advisor or a broker dealer. You understand and acknowledge that there is a degree of risk involved in trading mortgage-backed bonds. Past results of any individual mortgage loan originator published on this Website are not indicative of future results by that originator, and are not indicative of future returns which will be realized by you. We assume no responsibility or liability for your individual decisions, trading, and investment results. The indicators, strategies, columns, articles and all other features (collectively, the "Information") are provided for informational and educational purposes only and should not be construed as investment advice. The analysts and employees or affiliates of MMG may hold positions in the bonds, stocks or industries discussed here. You should not rely solely on the Information in making any decision or investment. Rather, you should use the Information only as a starting point for doing additional independent research in order to allow you to form your own opinion regarding the locking or floating of mortgage loan interest rates. Factual statements in this web page are made as of the date stated and are subject to change without notice.
By using the Information on the Service, you assume full responsibility for any and all gains and losses, financial, emotional or otherwise, experienced, suffered or incurred by you. MMG does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse in any way, the views, opinions or recommendations expressed in the Information. MMG does not give investment advice, and does not advocate the purchase or sale of any security or investment by you or any other individual. The Information is not intended to provide tax, legal or investment advice, which you should obtain from your professional advisor prior to making any investment of the type discussed in the Information. The Information does not constitute a solicitation by the information providers, MMG or other of the purchase or sale of bonds or securities.
THE SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. SPECIFICALLY, THE MORTGAGE MARKET GUIDE DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. NEITHER MMG NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF THE MORTGAGE MARKET GUIDE, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
MMG or one of its affiliates, is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing in the Service and website, and is the copyright owner or licensee of the content and/or information on the Website, unless otherwise indicated. MMG does not grant to you a license to any content, features or materials you may access on this Website. You may not download or save a copy of any of the content or screens except as otherwise provided in these Terms and Conditions, for any purpose.
You may, however, print a copy of the information on this Website solely for your personal use or records. If you make other use of this Website, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property, by including them on this Website.
We reserve the right to change any information on this Website, including but not limited to revising and/or deleting features or other information without prior notice to you. Accessing certain links within this Website may provide you with access to other Websites for which we assume no responsibility of any kind for the content, availability or otherwise. (See "Links from and to THE MORTGAGE MARKET GUIDE" below.) The content of this Website may vary depending upon your browser functionality and limitations.
You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer, software, a modem and a working telephone line.
In consideration of your use of the Service, you agree that you are at least eighteen (18) years of age and you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the Registration Form, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, we have the right to terminate your account and refuse any and all current or future use of the Service. You agree not to resell or transfer the Service or use of or access to the Service.
Each paid subscriber is responsible for the subscription fees and any charges incurred to access the Service. After you become a registered Subscriber, and after the initial subscription period of one month, three months, six months or one year as the case may be, MMG automatically charges your credit card at the then current subscription fee rate applicable to your subscription term until you cancel your subscription through the subscription cancellation process on the Website or by contacting our office either by phone, email, US mail or other transmission. Monthly subscriptions are billed on the 1st or the 12th or each month, depending on your date of your original registration. Quarterly, Semi-Annual and Annual subscriptions are billed on the 1st of each month regardless of your original registration date. If you cancel your subscription prior to the next charge date, your subscription will continue through the month and end on the day that coincides with the day of the month of your original registration date. Subscription fees are not refundable for any initial or renewal subscription period or any partial month in which a subscription is cancelled unless otherwise specified under a special “Guarantee” program.
Charts, news, market update, and historical information on the Service are provided by a variety of reliable and competent sources. Daily updates are subject to market fluctuations and are based on the latest quotes received from third-party data contributors and may be subject up to a 20 minute delay. Market quotes and certain other information on this Website, as well as reference materials or links to other sites, are for general informational purposes only, and are not intended to be relied upon for transactional purposes. Neither MMG nor any of its data or content providers shall be liable for any errors or delays in the content, or for any actions taken in reliance thereon.
User Conduct On THE MORTGAGE MARKET GUIDE Website:
While using the Service, you may not:
upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary or intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; or
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upload, post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
restrict or inhibit any other user from using and enjoying the Service; or
offer, sell or buy any security or other investment vehicle; or
knowingly violate any laws, including without limitation the Securities Act of 1933 and Securities Exchange Act, or any rule of any securities exchange, including, without limitation, the New York Stock Exchange or the NASDAQ/AMEX; or
post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by MMG) ; or
engage in spamming or flooding; or
impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or
post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component.
Subscribers to The Mortgage Market Guide Weekly may redistribute this Service to their clients, partners, prospects and others as the subscriber may see fit for their business purposes. The clients, partners, prospects and others receiving The Mortgage Market Guide Weekly from the subscriber may NOT in-turn redistribute The Mortgage Market Guide Weekly.
All information submitted to the Service via this Website shall be deemed and remain the property of MMG, and we shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in information any user of this Website provides to the Service through this Website. MMG shall not be subject to any obligations of confidentiality regarding submitted information, except as agreed by the MMG entity having the direct customer relationship or as otherwise specifically agreed or required by law.
Links from and to THE MORTGAGE MARKET GUIDE Website:
You acknowledge and agree that MMG and any of its Website co-branding providers have no responsibility for the accuracy or availability of information provided by linked Websites. Links to external Websites do not constitute an endorsement by MMG or its Website co-branding providers of the sponsors of such sites or the content, products, advertising or other materials presented on such sites.
The links on this Website may provide you with access to other Websites where the trading of securities is possible. You acknowledge and agree that we shall not be responsible or liable with regard to any trading which may be conducted on such linked trading sites or any other Website which may be linked to or from the Service. You acknowledge and agree that the bond, stock and mutual fund price quotes and news stories which are accessed within a trading day may be delayed at least 20 minutes, as may required by exchanges and information providers. You acknowledge and agree that you bear responsibility for your own investment research and investment decisions, and that MMG shall not be liable for any decision made or action taken by you or others based upon reliance on information or materials obtained through use of the Service. Prior to the execution of a securities trade, you should always consult with your broker or other financial representative to verify securities pricing information.
Information in the many web pages that are linked to the Service comes from a variety of sources. Some of this information comes from official MMG licensees, but much of it comes from unofficial or unaffiliated organizations and individuals, both internal and external to MMG. We do not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that we are not 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 such external sites or resources.
We are taking reasonable and appropriate measures, [including encryption,] to ensure that your personal information is disclosed only to those specified by guarantee that the personal information you have entered will not be intercepted by others and decrypted. If you wish to make purchases through the Service, you may be asked by the merchant or information or service provider from whom you are making the purchase to supply certain information, including credit card or other payment mechanism information. You agree not to hold MMG liable for any loss or damage of any kind incurred as a result of any such dealings with any merchant or information or service provider through the Service. You agree that all information you provide any merchant or information or service provider through the Service for purposes of making purchases will be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services through the Service set their own prices and may change prices or institute new prices at any time. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases through the Service.
Failure to Comply With Terms and Conditions and Termination:
Subscription to this Service may be terminated at any time, and without cause, by either MMG or the Subscriber, upon notification by telephone or e-mail. When termination is requested by a Subscriber, subscription fees are NOT refunded. Subscribers are liable for charges incurred by them until termination of service.
You acknowledge and agree that we may terminate your password or account or deny you access to all or part of the Service without prior notice if you engage in any conduct or activities that we, in our sole discretion, believe violate any of these Terms and Conditions, violate the rights of MMG, or is otherwise inappropriate for continued access.
You acknowledge and agree that we may, in our sole discretion, deny you access, through the Service, to third party services, merchandise, materials or information on the Internet, and we shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
You agree to defend, indemnify and hold MMG and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Service or the placement or transmission of any message, information, software or other materials through the Service by you or users of your account or related to any violation of these Terms and Conditions by you or users of your account.
The Terms and Conditions and the relationship between you and MMG shall be governed by the laws of the State of New Jersey, without regard to its conflict of law provisions. You and MMG each agrees to submit to the personal and exclusive jurisdiction of the courts located within the state of New Jersey.
The failure of MMG to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions 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 Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.