Let’s admit it—the mortgage loan process is really awfully confusing. Mortgage Number®‘s mission is to bring peace, love and understanding to the mortgage process, or at least to empower you by giving you some transparency as to your situation. These Terms of Service govern your use of MortgageNumber. THESE TERMS ARE A LEGAL AGREEMENT BETWEEN YOU AND US, SO PLEASE READ THEM. The words all in uppercase, like the preceding sentence, are especially important. Our lawyers wrote most of it, so we apologize in advance.
MortgageNumber® TERMS OF SERVICE
THESE TERMS OF SERVICE (these “Terms”) SET FORTH THE TERMS AND CONDITIONS THAT GOVERN THE OPERATION AND USE OF MORTGAGENUMBER AND CONSTITUTE THE LEGAL AGREEMENT BETWEEN YOU AND MortgageNumber, THE OPERATOR OF MORTGAGENUMBER (the “Operator”) REGARDING THE OPERATION AND USE OF MORTGAGENUMBER. BY ACCESSING OR USING MORTGAGNUMBER, YOU SIGNIFY YOUR BINDING AND IRREVOCABLE ACCEPTANCE OF THESE TERMS. You can contact us by email at
As used in these Terms, the words “us,” ”we,” “our” or similar refer to MortgageNumber and/or the Operator and the words “you,” “yours” or similar refer to a person who accesses or uses MortgageNumber.
- What is MortgageNumber? MortgageNumber is an online tool located at www.mortgageNumber.com (with any affiliated domains, the “Website”) that’s designed to help you better understand your situation in the mortgage space (the service and Website collectively “MortgageNumber”). MortgageNumber takes into account multiple factors, which may include income, value, loan amount, monthly debts, credit, existing second loans, cash out amounts, financial indices, property type, property use, property tax, insurance, disposable income, traditional debt-to-income (DTI) ratios, loan-to-value (LTV or CLTV) ratios, conforming loans, high value loans, jumbo loans and more points and uses them to generate your results, including your eigScoresm. There are other factors involved in the mortgage process that MortgageKook doesn’t take into account and that may impact your ability to obtain financing or on what terms, including a home being under construction, past foreclosure(s), bankruptcy(ies) or short sale(s), home recently listed for sale, self-employment income transparencies, seasoning of income, new job/profession change, seasoning of loans on the property, credit issues, sourcing income/down payment and other assets or collateral, and other factors.
MortgageNumber is NOT a commitment to lend money, NOT a qualification for loan or mortgage financing and NOT a loan approval. We believe that the results MortgageNumber provide are reliable indicators of your situation, but we do not guarantee a positive or negative result for loan approval or qualification, or loans terms, no matter what your results are or what our data indicates. For more about the service’s limitations, please see Disclaimers below.
- Requirements. To access and use MortgageNumber, you will need a compatible computer or mobile device with Internet access (third party fees may apply) and running compatible browser software (we support current versions of Firefox, Chrome, Safari and Internet Explorer). Certain features also require use of email software and/or a mobile phone that is able to receive text messages (third party fees may apply). Because use of MortgageNumber involves hardware, software and Internet access, your ability to use MortgageNumber may be affected by the availability and performance of these items. You acknowledge and agree that these items and any related expenses are solely your responsibility.
- NO USE BY MINORS. MORTGAGENUMBER IS NOT INTENDED TO BE USED BY, AND IS NOT DIRECTED TOWARDS, PERSONS UNDER 18 YEARS OLD. IF YOU ARE UNDER 18, YOU MAY NOT USE MORTGAGENUMBER.
- User Accounts (for Pro members). To use MortgageNumber Pro, it is necessary to register and create a user account (an “Account”). You will need to provide your name and a valid email address, and payment, billing and related information (collectively, “Registration Information”). You must also create a password. We recommend you select a strong password that contains a mix of lowercase letters, uppercase letters, numbers and special characters. You are solely responsible for maintaining the confidentiality and security of your password. You are entirely responsible for all activities that occur on or through your Account and we are not responsible for any loss or damage arising out of the unauthorized use of your Account.
- Mobile. If you provide us with a mobile number as part of your Contact Information or in your Account, you understand that you may receive calls or text messages at that number and your carrier’s normal rates and fees, including text messaging fees, will apply. For Pro members: Although we currently do not charge a fee for sending communications by text message, please be aware that, to the extent you elect to receive communications via phone or text message, your carrier’s normal rates and fees, including text messaging fees, will apply. Also, in the event you change or deactivate your mobile telephone number, you agree to update your Account information to ensure that calls or messages are not sent to the person who is assigned your old number. If you fail to update your Account information, you will not be able to receive calls or text messages (and it’s also really going to bug the person who gets your old number).
a) If you are not a Pro member, you have no payment obligation to us unless you register for features that require payment.
b) If you are a Pro member, payment options are provided during registration.
c) The MortgageNumber Payment Terms, which are incorporated herein by reference, apply to all purchases from us.
d) Use of MortgageNumber includes the ability to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL USE OF MORTGAGENUMBER AND ALL TRANSACTIONS YOU ENTER INTO WITH US.
- Usage Rules. You agree to comply with the following usage rules (the “Usage Rules”) when accessing and using MortgageNumber:
a) MortgageNumber is provided solely and exclusively for your personal benefit and MortgageNumber may not be used for any commercial or other purposes or for the benefit of any third party.
b) You agree not to interfere with or disrupt MortgageNumber or the servers or networks connected to MortgageNumber, or circumvent, disable or interfere with security features of MortgageNumber.
c) You agree not to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with MortgageNumber.
d) You agree not to copy, modify, reproduce, repurpose, rent, lease, loan, sell, distribute or redistribute MortgageNumber, or any elements thereof, or any data, reports, results (including eigScore) or other information or data contained or provided therein (collectively “Data and Information”), or create derivative works based on MortgageNumber, in any manner or in any form.
e) You shall not access or attempt to access an Account that you are not authorized to access.
f) You agree not to use MortageNumber to stalk or otherwise harass another person.
g) When creating an Account or providing Contact Information, you agree not to impersonate any person, company or other entity or falsely state or otherwise misrepresent your affiliation with a person, company or other entity.
h) You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” or other similar systems that send more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser.
i) You understand that Contact Information, Registration Information, User Data and Data and Information may be transmitted over various networks and changed to conform and adapt to technical requirements.
j) If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals, you will not access or use MortgageKook.
k) If you reside outside of the United States, you consent to have your Contact Information, Registration Data and User Data transferred to and processed in the United States or in other countries.
If we believe that you have violated any Usage Rules, we may, in our sole discretion, suspend or terminate your Account and/or use technical measures to limit your access to MortgageNumber, in whole or in part, or prevent you from using or accessing MortgageNumber in the future.
- DISCLAIMERS. YOU ACKNOWLEDGE THAT MORTGAGENUMBER IS SUBJECT TO SOME LIMITATIONS, INCLUDING THE FOLLOWING:
a) MORTGAGE NUMBER IS AN ONLINE TOOL THAT PROVIDES DATA AND INFORMATION THAT MAY BE HELPFUL OR USEFUL TO PERSONS CONSIDERING FINANCING OR REFINACING A HOME. MORTGAGE NUMBER IS NOT A COMMITMENT FOR FINANCING, A QUALIFICATION FOR A LOAN OR MORTGAGE FINANCING OR AN APPROVAL FOR FINANCING; NOR IS IT TO BE USED WHERE RELIABILITY AND ACCURACY ARE CRITICAL. MAKE SURE ALL USER DATA YOU PROVIDE IS ACCURATE. INACCURATE USER DATA MAY RESULT IN ERRONEOUS AND/OR MISLEADING RESULTS AND/OR SCORES. MORTGAGE NUMBER MAY NOT BE USED FOR ANY PURPOSE NOT INTENDED BY US.
b) MORTGAGE NUMBER PROVIDES AN INDICATION AS TO WHETHER A USER IS LIKELY TO QUALIFY FOR FINANCING BASED ON CERTAIN FACTORS. MANY OTHER FACTORS ARE CONSIDERED BY LENDERS THAT ARE NOT TAKEN INTO ACCOUNT BY MORTGAGE NUMBER, WHICH INCLUDE BUT ARE NOT LIMITED TO FACTORS SUCH AS THE HOME BEING UNDER CONSTRUCTION, PAST FORECLOSURE(S), BANKRUPTCY(IES) OR SHORT SALE(S), HOME RECENTLY LISTED FOR SALE, SELF EMPLOYMENT INCOME TRANSPARENCIES, SEASONING OF INCOME, NEW JOB/PROFESSION CHANGE, SEASONING OF LOANS ON THE PROPERTY, CREDIT ISSUES, SOURCING INCOME/DOWN PAYMENT AND OTHER ASSETS OR COLLATERAL, AND OTHER FACTORS. ACCORDINGLY, A HIGH SCORE OR SIMILAR DATA AND INFORMATION IS NOT A COMMITMENT OR GUARANTEE THAT A USER WILL IN FACT QUALIFY FOR OR OBTAIN FINANCING OR ON WHAT TERMS AND A LOW SCORE OR SIMILAR DATA AND INFORMATION DOES NOT MEAN THAT A USER WILL NOT IN FACT QUALIFY FOR OR OBTAIN FINANCING OR ON WHAT TERMS SUCH FINANCING MAY BE AVAILABLE.
c) If your Account is terminated, you will no longer have access to MortgageNumber Pro and all Data and Information associated with your Account may be lost and it is possible that all or part of such Data and Information may not be recoverable if you later elect to reinstate your Account. Depending on why your Account was closed, we may block you from creating a new Account.
d) If you enter into a transaction with a Lender and have a dispute over the goods or services you purchased or obtained from, or that were recommended to you by, such Lender or any decisions, determinations, actions or inactions by such Lender, we have no liability for such goods or services, recommendations or decisions, determinations or actions/inactions. We may elect to intervene in disputes, but we have no obligation to do so.
- Licenses. We grant you a limited, nonsublicensable and revocable license to access and use MortgageNumber for its intended purpose only. In the event that you choose to have us “share” any of your Data and Information with others, whether via email, text message of on social media, you grant us a limited license to share such Data and Information for such purpose.
- Intellectual Property.
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of the material that you claim is infringing your work and exactly where it is located on MortgageKook;
- ·Your full name, address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, his/her/its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Termination, Modification. If you have Pro service, you may terminate it at any time. There are no refunds or credits if your Pro service is terminated prior to its term. We reserve the right to modify, suspend, or discontinue MortgageNumber (or any part thereof, including the Pro service) at any time with or without notice, and we will have no liability should we exercise such rights.
- Compliance with Law. MortgageNumber is controlled and operated by us from our offices in California, USA. You agree to comply with all local, state, provincial, federal and national laws, statutes, decrees, ordinances and regulations that apply to your use of MortgageNumber. We make no representations that MortgageNumber is legal, appropriate or available for use other than its intended purposes or outside of the United States.
- Enforcement. We reserve the right to takes steps we believe are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms (including but not limited to our right to cooperate with any legal process relating to your use of MortgageNumber, and/or a third party’s claim that your use of MortgageNumber is unlawful and/or infringes such third party’s rights). You agree that we have the right, without liability to you, to disclose any Contact Information, Registration Information, Data and Information, usage records or other information collected by us to law enforcement authorities, government officials, and/or a third party, as we believe we are required to do or is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms.
- WARRANTY DISCLAIMERS.
a) Acknowledgement of Ownership. You acknowledge and agree that (i) MortgageKook, including but not limited to software, graphics, text, images, pictures, layout, algorithms, and look and feel, contains proprietary information and material that is owned by us and/or our licensors, and are protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for using MortgageKook in compliance with these Terms; and (ii) all data and information generated by MortgageKook is owned solely and exclusively by us.
b) Feedback and Suggestions. You have no obligation to offer any feedback or suggestions to us regarding MortgageNumber. Although we appreciate any feedback and suggestions you do provide, you understand that we may use such feedback and suggestions without any obligation to account to you for such use or to compensate you in any manner for such use.
c) Copyrights. All copyrights in and to MortgageNumber are solely and exclusively owned by us and our licensors.
d) Trademarks. “MortgageNumber,” “eigScore,” the MortgageNumber logo, and our other trademarks, service marks, graphics, and logos used in connection with MortgageNumber are the trademarks or registered trademarks in the U.S. and/or other countries of us or our affiliates. Other trademarks, service marks, graphics, and logos used in connection with MortgageNumber are trademarks of their respective owners. You are granted no right or license with respect to any of these trademarks or any use of these trademarks.
e) Copyright Infringement. We will take appropriate action in response to a notice of copyright infringement. If you believe that your work has been copied in a way that constitutes infringement and it is available on MortgageNumber, please provide a written notification of claimed infringement addressed to the designated agent as set forth below, which must include substantially all of the following:
To reach our Copyright Agent for Notice of claims of copyright infringement, mail the notice to:
Attn: MortgageNumber Copyright Agent
30 N. Gould St. Set R Sheridan, WY 82801 USA
The Copyright Agent should only be contacted if you believe that your work has been used in a way that constitutes copyright infringement and such infringement is occurring on MortgageNumber. The Copyright Agent will not respond to incomplete notices or any other inquiries.
a) MORTGAGE NUMBER IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE AND OUR CONTRACTORS, service providers, LICENSORS AND AGENTS (COLLECTIVELY, and together with their respecTive directors, officers, employees, contractors and agents, the “OPERATOR Parties”) DO NOT GUARANTEE, REPRESENT OR WARRANT THAT THE USE OF MORTGAGENUMBER WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU ACKNOWLEDGE THAT FROM TIME TO TIME WE MAY REMOVE OR LIMIT MORTGAGENUMBER OR PORTIONS THEREOF FOR INDEFINITE PERIODS OF TIME, OR TERMINATE MORTGAGENUMBER OR PORTIONS THEREOF AT ANY TIME.
b) TO THE FULLEST EXTENT PERMITTED BY LAW, the OPERATOR Parties EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH MORTGAGENUMBER AND YOUR USE THEREOF, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, CORRECTNESS, NON-INFRINGEMENT, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL OTHER SUCH WARRANTIES, EXPRESS, IMPLIED AND STATUTORY.
c) THE OPERATOR Parties MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE USEFULNESS, ACCURACY OR COMPLETENESS OF ANY RESULTS, SCORES OR ANY DATA AND INFORMATION OR WHETHER A USER WILL BE ABLE TO QUALIFY FOR OR OBTAIN FINANCING OR ON WHAT TERMS.
d) THE OPERATOR Parties MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE QUALITY, REPUTATION, PERFORMANCE OR SUITABILITY OF ANY LENDERS, ANY GOODS OR SERVICES THEY MARKET OR SELL, OR ANY OF THEIR ACTIONS, DECISIONS, CONDUCT, STATEMENTS, ADVICE, RECOMMENDATIONS OR DETERMINATIONS.
e) THE OPERATOR Parties DO NOT REPRESENT OR GUARANTEE THAT MORTGAGENUMBER WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION.
NOTE: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY. UNLESS PROHIBITED BY LAW IN A PARTICULAR INSTANCE, YOU AGREE THAT:
a) THE OPERATOR PARTIES DISCLAIM ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR, AND YOU AGREE NOT TO MAKE, AND YOU AGREE TO RELEASE THE OPERATOR PARTIES FROM, ANY CLAIMS OR DAMAGE ARISING FROM (i) ANY ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES IN ANY DATA AND INFORMATION OR FOR ANY LOSS, INJURY OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA AND INFORMATION; (ii) ANY FAILURE TO COLLECT, PROVIDE, DISPLAY OR RETAIN ANY DATA AND INFORMATION; (iii) THE TIMELINESS, MISDELIVERY OR NON-DELIVERY OF ANY DATA AND INFORMATION OR REFERRALS; (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM MORTGAGENUMBER OR TO ANY LENDERS; AND/OR (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH MORTGAGENUMBER.
c) IF YOU ARE A PRO MEMBER, (i) THE OPERATOR PARTIES HAVE NO LIABILITY WHATSOEVER TO YOU OR ANY OTHER THIRD PARTY FOR ANY SERVICE FAILURE, DISRUPTION OR INTERRUPTION OF ANY TYPE THAT RENDERS THE MORTGAGEKOOK PRO SERVICE EITHER: (x) PARTIALLY OR INTERMITTENTLY UNAVAILABLE FOR ANY DURATION OR (y) WHOLLY UNAVAILABLE FOR A PERIOD OF LESS THAN FIVE (5) CONSECUTIVE DAYS; AND (ii) IN THE EVENT OF SERVICE FAILURE, DISRUPTION OR INTERRUPTION OF ANY TYPE (OTHER THAN DUE TO FORCE MAJEURE) THAT RENDERS THE ENTIRE SERVICE WHOLLY UNAVAILABLE FOR A PERIOD OF MORE THAN FIVE (5) CONSECUTIVE DAYS, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE AN EXTENSION TO YOUR PRO SERVICE PERIOD BY THE NUMBER OF DAYS THAT THE ENTIRE PRO SERVICE WAS WHOLLY UNAVAILABLE. LACK OF INTERNET ACCESS AT YOUR LOCATION, REGARDLESS OF THE REASON, OR OTHER ISP ISSUES DO NOT CONSTITUTE UNAVAILABILITY.
d) IF YOU ARE NOT A PRO MEMBER, THE OPERATOR PARTIES HAVE NO LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY FOR ANY SERVICE FAILURES, DISRUPTIONS OR INTERRUPTIONS, REGARDLESS OF THE CAUSE, SCOPE OR DURATION AND YOU AGREE NOT TO MAKE, AND YOU HEREBY RELEASE THE OPERATOR PARTIES FROM ANY CLAIMS OR DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO ANY SUCH SERVICE FAILURES, DISRUPTIONS OR INTERRUPTIONS.
e) THE OPERATOR Parties ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES AND EXPENSES AND DAMAGES FOR LOSS OF PROFITS, GOODWILL, INCOME, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ANY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). YOU AGREE NOT TO MAKE, AND YOU HEREBY WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES AGAINST US EXCEPT FOR DIRECT, COMPENSATORY DAMAGES AS LIMITED BY THESE TERMS.
f) THE OPERATOR PARTIES ARE NOT RESPONSIBLE FOR THE ACTIONS, DECISIONS, CONDUCT, STATEMENTS, ADVICE, RECOMMENDATIONS, DETERMINATIONS OR PERFORMANCE OF ANY LENDERS, OR THE QUALITY OR SUITABILITY OF ANY GOODS OR SERVICES THEY MARKET OR SELL, AND YOU AGREE NOT TO MAKE, AND YOUR HEREBY RELEASE THE OPERATOR Parties FROM, ANY CLAIMS OR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY LENDERS.
g) THE ESSENTIAL PURPOSE OF SECTIONS 16-18 OF THESE TERMS IS TO LIMIT THE POTENTIAL LIABILITY OF THE OPERATOR PARTIES AND THESE SECTIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. YOU ACKNOWLEDGE YOU HAVE RECEIVED VALUABLE CONSIDERATION FOR THIS IN THE FORM OF OUR ABILITY TO OPERATE AT LOWER COST, GENERATE INNOVATION, AND THE WILLINGNESS TO CONTRACT, OR A COMBINATION OF THESE, WHETHER GENERALLY OR SPECIFICALLY.
h) YOU HEREBY WAIVE THE APPLICATION OF CALIFORNIA CIVIL CODE §1542, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
i) THESE LIMITATIONS OF LIABILITY APPLY NOT ONLY TO YOU, BUT TO ANYONE USING YOUR ACCOUNT, TO ANYONE MAKING A CLAIM ON YOUR BEHALF, AND TO ANY CLAIMS MADE BY YOUR FAMILY, HEIRS, SUCCESSORS OR OTHERS ARISING OUT OF OR RELATING IN ANY WAY TO MORTGAGENUMBER.
NOTE: SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- INDEMNITY. YOU AGREE TO INDEMNIFY AND HOLD THE OPERATOR PARTIES HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF ANY BREACH OF THESE TERMS BY YOU OR ANY PROHIBITED USE BY YOU OF MORTGAGENUMBER OR ANY DATA AND INFORMATION.
- Changes. We reserve the right, at any time and from time to time, to update, revise, supplement, and otherwise modify these Terms and to impose new or additional rules, policies, terms, or conditions on the use of MortgageNumber. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in these Terms as “Additional Terms”) will be effective immediately and incorporated herein. Continued use of MortgageNumber following such time will be deemed to constitute acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated herein by this reference.
- Notices. We may send you notices by sending an email message to the email address listed in your Registration Information (Pro members only) or by a posting on the Website. Notices shall become effective immediately.
- U.S. GOVERNMENT RESTRICTED AND LIMITED RIGHTS: MortgageKook is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer Software-Restricted Rights at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR supplement, as applicable. All data is provided with LIMITED RIGHTS and such data may be reproduced and used by the Government with the express limitation that they will not, without written permission, be used for purposes of manufacture nor disclosed outside the Government. Manufacturer is BQM957, Inc.
- Governing Law. You agree that for purposes of these Terms we are solely based in California USA and any operations elsewhere do not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California USA. To the fullest extent permitted by law, and except as explicitly provided otherwise, these Terms and any disputes arising out of or relating to them or otherwise relating to MortgageNumber will be governed by (i) the laws of the state of California without regard to its conflict of law principles and (ii) the Federal Arbitration Act (9 U.S.C. §1 et seq.). These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
- Dispute Resolution; BINDING ARBITRATION; CLASS ACTION WAIVER. If there is a Dispute (as defined below), you and we agree to try to resolve it by good faith dialog with each other on a confidential basis for no less than 90 days after you provide notice of the Dispute. If you and we are unable to resolve your Dispute within 90 days from receipt of notice of the Dispute, you or we may pursue your claim in arbitration pursuant to the terms in this Section and YOU AND WE AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, TO USE CONFIDENTIAL BINDING ARBITRATION, NOT LAWSUITS TO RESOLVE THE DISPUTE; PROVIDED THAT NOTHING HEREIN PRECLUDES EITHER YOU OR US FROM SEEKING TEMPORARY INJUNCTIVE RELIEF FROM A COURT OF COMPETENT JURISDICTION PENDING SUCH DISPUTE RESOLUTION.
IF YOU HAVE A DISPUTE WITH US, YOU MUST SEND WRITTEN NOTICE OF THE DISPUTE TO “MortgageNumber, ATTN: DISPUTE RESOLUTION, 30 N. Gould St. Set R Sheridan, WY 82801 USA or by email at: firstname.lastname@example.org. TO GIVE US THE OPPORTUNITY TO RESOLVE THE DISPUTE. IN THE NOTICE, YOU MUST DESCRIBE THE NATURE OF THE DISPUTE WITH REASONABLE SPECIFICITY AND INCLUDE YOUR NAME, MAILING ADDRESS, PHONE NUMBER AND EMAIL.
THE ARBITRATION SHALL OCCUR IN SAN DIEGO COUNTY, CALIFORNIA BEFORE A MUTUALLY-AGREEABLE ARBITRATOR FROM JUDICIAL ARBITRATION & MEDIATION SERVICES, INC. (JAMS), WITH ANY ARBITRATION FEES SPLIT EQUALLY BETWEEN YOU AND US.
You and we agree that the arbitration, including the evidence, the argument and the outcome, is confidential between you and us. You and we can inform legal counsel and, if necessary, financial advisors and insurers, about the arbitration if they are advised of the confidentiality obligations. You and we can tell others only as required by law. The arbitrator appointed must also agree to this confidentiality protection. Nothing in this Agreement prevents either you or we from filing the arbitration award with a court to enforce or appeal such award (but only if the arbitration award is not paid within 90 days of its issuance), though both you and we agree that the evidence, arguments of the parties, and the arbitrator’s findings related to such award will be treated as confidential information subject to a court-approved protective order.
IF FOR ANY REASON THESE ARBITRATION REQUIREMENTS DO NOT APPLY, YOU AND WE EACH HEREBY WAIVE ANY TRIAL BY JURY AND AGREE THAT THE CLAIM SHALL BE DECIDED EXCLUSIVELY BY A COURT OF COMPETENT JURISDICTION LOCATED IN Sheridan, WY 82801
ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION, UNLESS BOTH YOU AND WE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.
YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY DISPUTE MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE EVENT GIVING RISE TO THE DISPUTE OCCURS, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
“Dispute” means any dispute, claim, cause of action or controversy between you and any Operator Parties relating to these Terms or MortgageNumber, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Section (with the exception of the enforceability of the Class Action Waiver clause above), but it excludes all disputes or claims to the extent they involve payment or nonpayment of any fees owed to us by you. This term is to be given the broadest possible meaning that will be enforced.
- No Third Party Beneficiaries. MortgageNumber does not create a contractual relationship between you and any third party, including any of the Operator Parties other than us, and you are not a third party beneficiary of any agreement between us and any third party.
- Miscellaneous. These Terms are the entire agreement between you and us and it supersedes all other agreements or representations, oral or written, between us, past or present, and may not be amended except in a writing signed by us. Amendments of which we give notice and post to the Website will be deemed a writing signed by us. If any part of these Terms is considered invalid by a court or arbitrator, the rest of it will remain enforceable. These Terms will govern any disputes arising out of or relating to them (unless they been replaced by a new agreement between you and us) or MortgageNumber. These Terms will also be binding on your heirs and successors and on our successors and assigns. No waiver of any part of these Terms, or of any breach of it, in any one instance will require us to waive any other instance or breach. These Terms shall survive any termination of your Pro service, Account or MortgageNumber. We will not be responsible for failures to fulfill any obligations due to causes beyond our control or that constitute force majeure events. Any translation of these Terms, or any part thereof, is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of these Terms shall govern.
Last revised: 12 May 2016. © 2020 MortgageNumber, All rights reserved.