Terms Of Service
Mortgage Calculator Company LLC dba The Mortgage Calculator is licensed as set forth on the Website which is incorporated into this Agreement by reference.
The disclosures and consents required under certain state laws are deemed to be provided, received and agreed to by your visit to and/or use of the website.
INFORMATION SUBJECT TO CHANGE
Although Mortgage Calculator Company LLC dba The Mortgage Calculator has tried to provide accurate and timely information, the content of this site may not be accurate, complete and/or current and may include typographical errors or technical inaccuracies. The information and materials contained in these pages, and the terms, conditions and descriptions that appear on this site, are subject to change at any time without notice. Mortgage Calculator Company LLC dba The Mortgage Calculator may change the products, services and other information identified on this site at any time. Applicable terms, conditions and eligibility requirements are subject to change and not all products and services are available in all geographic areas. The information published on this site is provided as a convenience to our visitors and is for informational purposes only. You should verify all information before relying on it and any decisions which you may make based upon the information contained on this site shall be at your sole risk and responsibility. Your eligibility for particular products and services is subject to final approval, determination and acceptance by Mortgage Calculator Company LLC dba The Mortgage Calculator in its sole and absolute discretion, notwithstanding your visit to and/or use of this Website.
DISCLAIMER OF WARRANTIES
The information and materials contained in this site, including text, graphics, links or other items – are provided “as-is” and “as available” and Mortgage Calculator Company LLC dba The Mortgage Calculator does not warrant the accuracy, adequacy or completeness of such information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, express or statutory, including, but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose, and freedom from computer virus, or other malware, is given in conjunction with such information and materials.
You acknowledge that neither Mortgage Calculator Company LLC dba The Mortgage Calculator, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the services or the site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the services or the site, or as to the timeliness, sequence, accuracy, reliability, completeness or content of any information, service, or merchandise provided through the services and the site. Mortgage Calculator Company LLC dba The Mortgage Calculator does not endorse products or services appearing on linked sites or purchased via linked sites.
Except as specifically provided in this agreement or where the law requires a different standard, you agree that Mortgage Calculator Company LLC dba The Mortgage Calculator is not responsible for any loss, property damage or bodily injury, whether caused by access to or use of the services or the site. To the maximum extent permissible under applicable law, Mortgage Calculator Company LLC dba The Mortgage Calculator will not be responsible to you or any third party claiming through you for any direct, indirect, special or consequential, economic or other damages arising in any way out of the installation or use of the services, the site, any on-line services or internet browser software, including liability associated with any computer viruses which may infect your computer system.
LIMITATION OF LIABILITY
In no event will Mortgage Calculator Company LLC dba The Mortgage Calculator be liable for any damages, including, without limitation: direct or indirect, special, incidental or consequential damages, losses or expenses arising in connection with this website or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or link or system failure, even if Mortgage Calculator Company LLC dba The Mortgage Calculator, or representatives thereof are advised of the possibility of such damages, losses or expenses. Hyperlinks to other internet resources are at your own risk; the content, accuracy, opinions expressed, and other links provided by these resources are not investigated, verified, monitored or endorsed by Mortgage Calculator Company LLC dba The Mortgage Calculator.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Website, you agree and warrant to Mortgage Calculator Company LLC dba The Mortgage Calculator that you will not use or access this Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. If your use or access violates any law or any of these terms or conditions, your permission to use the Website automatically terminates.
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation: (a) accessing data not intended for your viewing or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) attempting to interfere with service to any user, host or network. Violations of system or network security may result in civil or criminal liability. Mortgage Calculator Company LLC dba The Mortgage Calculator will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
COPYRIGHTS AND TRADEMARKS
Copyright in the pages and in the screens displaying the pages, and in the information and material therein and their arrangement is owned/licensed by Mortgage Calculator Company LLC dba The Mortgage Calculator, unless otherwise Mortgage Calculator Company LLC dba The Mortgage Calculator, indicated, and are protected by U.S. copyright laws and international treaties. The copyrighted materials on the Website include, but are not limited to, the text, design, software, images, graphics, source code, and the content on the Website. You are authorized to view the information available on the Website for your informational purposes only. If you download any information from this site for your personal reference you shall not obscure any copyright, trademark or other notices, and you acknowledge and agree that you do not acquire any ownership rights by downloading copyrighted material. You may not copy, republish, redistribute, transmit, participate in the transmission of, create derivatives of, alter, edit or exploit in any manner any material including by storage on retrieval systems, without the express written permission of Mortgage Calculator Company LLC dba The Mortgage Calculator. Deliberate misuse of this site is expressly prohibited and Mortgage Calculator Company LLC dba The Mortgage Calculator reserves the right to terminate your access to this site at any time for any reason and to advise the legal authorities of any misuse of this site, including, without limitation, hacking and the introduction of viruses or other malware. Mortgage Calculator Company LLC dba The Mortgage Calculator Financial Services, LLC is a federally registered trademark, or a Common Law trademark or tradename, owned by Mortgage Calculator Company LLC dba The Mortgage Calculator. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Website except as authorized in this paragraph. You may not use any of the Mortgage Calculator Company LLC dba The Mortgage Calculator trademarks as a link to the Website except pursuant to a written trademark license agreement.
EMAIL & ONLINE INFORMATION REQUESTS
Please note that messages you send Mortgage Calculator Company LLC dba The Mortgage Calculator by e-mail may not be secure and Mortgage Calculator Company LLC dba The Mortgage Calculator recommends that you do not send any confidential information to Mortgage Calculator Company LLC dba The Mortgage Calculator by e-mail. If you choose to send confidential information to Mortgage Calculator Company LLC dba The Mortgage Calculator via e-mail, you accept all risk that such information may be intercepted by a third party.
By submitting your information to Mortgage Calculator Company LLC dba The Mortgage Calculator through this Website or by any other method, you are inquiring about loan products and/or other Mortgage Calculator Company LLC dba The Mortgage Calculator services and give Mortgage Calculator Company LLC dba The Mortgage Calculator permission to contact you via e-mail, telephone, letter, fax or using any other information you provide, regardless of registration with any federal, state or local Do Not Call list, Do Not Mail list, or any other comparable list or registry.
COMMUNICATIONS WITH Mortgage Calculator Company LLC dba The Mortgage Calculator
Mortgage Calculator Company LLC dba The Mortgage Calculator reserves the right to record and monitor any and all communications to Mortgage Calculator Company LLC dba The Mortgage Calculator. By communicating with Mortgage Calculator Company LLC dba The Mortgage Calculator through any means, you consent to such communications being recorded and monitored.
CONTACT AND VIOLATIONS
Non-U.S. Users. The Services are controlled and offered by us from our facilities in the United States of America. We make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law. By providing information in connection with the Services, you consent to the transfer of your information to, and storage of your information in, the United States, the laws of which may not be as stringent as the laws of the country in which you reside.
Equal Housing Opportunity. We are pledged to the letter and spirit of United States policy for the achievement of equal housing opportunity. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin. We endeavor to treat all parties fairly and honestly and to support equal housing opportunities. We encourage our users to do so as well.
No right, title, or interest in or to the Services or any Content provided in connection with the Services is transferred or otherwise granted to you under these Terms of Service. All right, title, or interest in or to the Services and the Content provided in connection with the Services (other than user contributions posted by you) are reserved by us. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, or other laws.
The names, logos, product and service names, designs, slogans, and other trademarks associated with the Services are ours and those of our licensors. You must not use any of the foregoing without our prior written permission. All other names, logos, product and service names, designs, slogans, and other trademarks used in connection with the Services are the trademarks of their respective owners.
ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
ARBITRATION. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING, WITHOUT LIMITATION, DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial
Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies, or awards that conflict with these Terms of Service.
NO CLASS ACTION. NEITHER YOU NOR WE WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THESE TERMS OF SERVICE. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding.
Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
Entire Agreement and Severability. These Terms of Service, together with any state-mandated disclosure forms provided by us to you separately, are the entire agreement between you and us with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services.
Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation, or third party acts or omission.
Assignment. These Terms of Service are personal to you and are not assignable, transferable, or sublicensable by you except with our prior written consent. We may assign, transfer, or delegate any of our rights and obligations hereunder without consent.
Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service, and neither party has any authority of any kind to bind the other in any respect.
No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
Copyrights. The Services may contain Content specifically provided by us, our partners, or our users, and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.