COE Terms and Conditions
Effective Date: February 25, 2008
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. By providing the information required by the
mortgagequotecapital.com Web site (
mortgagequotecapital.com) (the “Site”), you will be enabling
mortgagequotecapital.com (“we,” “us” or “our”) to provide such
information to its third party partners (the
“Partners”), who will be contacting you to provide you quotes for their products. In signing up on the Site,
you are deemed to have agreed to these terms and conditions of use (“Terms and Conditions”).
This Site is provided for your and others’ personal, non-commercial use, subject to these Terms and
Conditions of use and all modifications thereto, and any other rules or guidelines, including (without
limitation) any sweepstakes rules that may be published from time to time on this Site. We reserve the right
to modify the Site and any element thereof from time to time, for any reason without notice. You should
check these Terms and Conditions periodically for changes, as we also reserve the right to modify them at
any time. The date of the current version of these Terms and Conditions is noted above. Your use of the Site
following any modifications to these Terms and Conditions shall be deemed to be your assent to any such
modifications.
Conditions for Use of the Site
As a condition to your visit and use of the Site, you represent and warrant that:
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1. You are at least 18 years of age and possess the legal authority to enter into an agreement and to
use
the Site in accordance with these Terms and Conditions;
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2. All information supplied by you is true and accurate (without limitation of the foregoing, the
provision
of any speculative, incorrect, misleading, false or fraudulent information is prohibited);
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3. You understand and agree that mortgagequotecapital.com may share personally identifiable information
and
other information provided by, and aggregated information about, you and other users with its Partners,
sponsors, advertisers, service providers and marketers, lookup and reference services, other
unaffiliated
third parties, and other entities that mortgagequotecapital.com believes are able to provide its users
with
special offers and opportunities, as more fully described in the mortgagequotecapital.com Privacy
Policy.
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4. You understand that abuse of the Site may result in your being denied access to such Site, as
determined
by mortgagequotecapital.com in its sole discretion;
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5. You understand and agree that, in addition to these Terms and Conditions, the Site will be governed
by
the official rules applicable to the promotion or offer, if any;
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6. You will not:
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a. Harvest, sweep, or use any other means, to collect information about users of the Site;
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b. Use automated means, including spiders, robots, bots, scripts, crawlers, or the like, in connection
with
any activity on the Site;
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c. Resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these
Terms
and Conditions without the prior express written authorization of mortgagequotecapital.com;
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7. Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute,
perform, link, display or in any way exploit any Site content; or
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8. Except as otherwise expressly permitted on the Site, use any information you may obtain from the Site
(including without limitation, user information) to send any other person unsolicited messages,
commercial
or otherwise, by electronic, telephonic, postal or other means. mortgagequotecapital.com may reject any
registration application from any person with or without cause at its sole discretion.
mortgagequotecapital.com reserves the right to
terminate a user account in the event that such user
provides
false or misleading registration information or otherwise violates any term of these Terms and
Conditions
(as determined by mortgagequotecapital.com in its sole
discretion). Your status as a registered user
creates
only a customer relationship with mortgagequotecapital.com and does not create an employment
relationship,
an independent contractor relationship, an agency relationship, or any other relationship.
Compliance With Law
By visiting this Site or participating in games and activities on the Site, you agree to comply with all
relevant local, state, provincial, and national laws and/or regulations that may be applicable to your
visitation and/or participation.
Third Party Content/Promotions, Third Party Products, and Third Party Site Activities
The Site may display and make available content, promotions, advertisements, and offers provided by third
parties, including the Partners (“Third Party Promotions”), as well as goods and services offered by third
parties, including the Partners (“Third Party Products”). You understand and agree that we shall not be
responsible and shall have no liability for any Third Party Promotion or Third Party Product or for your
activities on any third party sites for whom we display offers (“Third Party Site Activity”), and that you
participate in or choose to click on a Third Party Promotion, purchase and/or use a Third Party Product, or
participate in a Third Party Site Activity solely at your own risk. You agree that your sole remedy in
connection with any Third Party Promotion, Third Party Product or Third Party Site Activity will be with the
applicable third party offering the Third Party Promotion, Third Party Product or Third Party Site Activity
and that you shall have no remedy against us arising from your use of (or participation in), or inability to
use (or participate in), any Third Party Promotion, Third Party Product or Third Party Site Activity.
Intellectual Property Rights
The Site contains intellectual property owned by
mortgagequotecapital.com and other parties. As between
mortgagequotecapital.com and you,
mortgagequotecapital.com is the sole owner of the Site and all materials
on or available through the Site, including without limitation, all applicable U.S. and non-U.S. copyrights,
patents, trademarks, and trade secrets, and other intellectual property rights thereto (collectively, the
“Site Content”).
Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy
of the Site content or any portion thereof, for any purpose; however, you may print a copy of individual
screens appearing as part of the Site content solely for your personal, non-commercial use or records,
provided that any
mortgagequotecapital.com or other marks,
logos or other legends that appear on the copied
screens remain on, and are not removed from the printed or stored images of such screens.Except as otherwise
expressly permitted herein, you may not modify, copy, publish, display, transmit, adapt or in any way
exploit any portion of the Site content unless you first obtain prior written consent from us -- and from
all other entities with an interest in the relevant intellectual property. To seek our permission, you may
write to
mortgagequotecapital.com at the address provided
below. Any unauthorized attempt to modify any Site
content, to defeat or circumvent our security features, or to utilize this Site for other than its intended
purposes is strictly prohibited.
Linked Sites
You may be able to link to third parties’ Web sites (“Linked Sites”) from the Site. Linked Sites are not,
however, reviewed, controlled or examined by
mortgagequotecapital.com in any way and
mortgagequotecapital.com is not responsible for the content,
availability, advertising, products or other
materials of any such Linked Sites, or any additional links contained therein. Except as otherwise noted on
the Site, these links do not imply
mortgagequotecapital.com
endorsement of or association with the Linked
Sites. It is your sole responsibility to comply with the appropriate rules and guidelines, if any,
applicable to the use of the Linked Sites. In no event shall
mortgagequotecapital.com be liable, directly or
indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to
the Linked Sites, the Linked Sites themselves, your participation in activities on such Linked Sites, or the
information, material, products or services accessed through these Linked Sites. You should direct any
concerns to that site’s administrator or webmaster.
mortgagequotecapital.com reserves the exclusive right,
at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the
Linked Sites from the Site and/or introduce different features or links.
Other sites may link to the Site only through a plain-text link. Permission must be granted by us for any
other type of link. To seek our permission, you may write to
mortgagequotecapital.com at the address
provided below. We reserve the right, however, to rescind any permission granted by us to link through a
plain-text link or any other type of link, and to require termination of any such link to the Site, at our
discretion, at any time.
Submissions
Any notes, postings, ideas, suggestions, concepts, or other material submitted through this Site via e-mail
or any means that we may create or provide in the future will become our property throughout the world and
we shall be entitled (without compensation to any party) to use such material in perpetuity in any form and
manner in any media, whether known or hereafter devised, and you will not have any claim against us with
respect to such use. You agree that, in the event you make a submission to us, it is original with you and
accurate and does not violate, and its use will not violate, the rights of any third party or any applicable
law or ordinance.
SMS Opt-In
1. When you opt-in to the service, we will send you a message to confirm your signup. Text START to
{{SHORTCODE NUMBER}} to receive Debt Nest Alerts! Message and data rates may apply. Message
frequency varies. Text “HELP” for help. Text “STOP” to cancel.
2. You can cancel this service at any time. Just text “STOP” to {{SHORTCODE NUMBER}}. After you send the
message “STOP” to us, we will send you a reply message to confirm that you have been unsubscribed. After
this, you will no longer receive messages from us.
If you want to join again, just sign up as you did the first time and we will start sending messages to you
again. (Message frequency varies)
3. If at any time you forget what keywords are supported, just text “HELP” to {{SHORTCODE NUMBER}}. After
you send the message “HELP” to us, we will respond with instructions on how to use our service as well as
how to unsubscribe.
4. Participating carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, BoostMobile, MetroPCS,
Virgin Mobile, Alaska Communications Systems (ACS),Appalachian Wireless (EKN), Bluegrass Cellular, Cellular
One of East Central, IL(ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi
PCS),COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI,Golden State, Hawkeye
(Chat Mobility),Hawkeye (NW Missouri), Illinois ValleyCellular, Inland Cellular, iWireless (Iowa Wireless),
Keystone Wireless (ImmixWireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless,NTelos,
Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb
Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
5. T-Mobile is not liable for delayed or undelivered messages.
6. As always, message and data rates may apply for any messages sent to you from us and to us from you. If
you have any questions about your text plan or data plan, it is best to contact your wireless provider. For
all questions about the services provided by this short code, you can send an email
support@
mortgagequotecapital.com.
Privacy Policy
The information collected and used on the Site is governed by the
mortgagequotecapital.com Privacy Policy.
Infringement and Regulatory Complaints
mortgagequotecapital.com will cooperate with any law
enforcement authorities and comply with any judicial
order requesting or directing us to disclose the identity of anyone uploading, downloading, or posting
materials, or otherwise using this Site in violation of any applicable federal, state, or local laws.
Disclaimer of Warranties
Except as expressly set forth herein,
mortgagequotecapital.com
is not responsible for any incorrect or
inaccurate information or entry of information, whether caused by users of the Site or by any of the
equipment or programming associated with or utilized in connection with the Site or the products or services
provided on or through the Site, or by any technical or human error which may occur in the processing of
information received by us.
mortgagequotecapital.com assumes
no responsibly for any error, omission,
interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or
destruction or authorized access to, or alteration of, information received or submitted in connection with
the Site.
mortgagequotecapital.com is not responsible for any
problems, errors or technical malfunction of
any telephone network or lines, computer on-line systems, servers or providers, computer equipment, or
software, or any failure of e-mail on account of technical problems or traffic congestion on the Internet or
at any web site or combination thereof, including injury or damage to participants or to any other person’s
computer related to or resulting from use of the Site or Site Content.
THIS SITE, INCLUDING THE SITE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING,
mortgagequotecapital.com, AND ITS PARENT,
SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, ADVERTISORS, SUCCESSORS AND ASSIGNS SPECIFICALLY
DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE
AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE SITE, AND
THE SITE CONTENT; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
mortgagequotecapital.com DOES NOT WARRANT OR GUARANTEE
(1) THAT ANY PORTION OF THE SITE OR THE SITE CONTENT WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN
HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE SITE
OR SITE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING
DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
Limitation of Liability
IN NO EVENT WILL
mortgagequotecapital.com, ITS PARENTS,
SUBSIDIARIES, PARTNERS, AGENTS , LICENSORS,
ADVERTISERS, SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES AND SHAREHOLDERS
BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY,
USE, RELIANCE ON, OR INABILITY TO USE THE SITE OR SITE CONTENT, EVEN IF ALL SUCH PARTIES SHALL HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT,
OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR
DESTRUCTIVE PROPERTIES OF THE SITE OR THE SITE CONTENT.
Indemnification
You agree to defend, indemnify and hold
mortgagequotecapital.com, its parents, subsidiaries, partners,
agents, licensors, advertisers, successors and assigns and their respective officers, directors, employees
and shareholders harmless from any and all claims, liabilities, costs and expenses, including reasonable
attorneys’ fees, arising in any way from, in connection with or as a result of your use or inability to use
the Site and or Site Content, any information provided to you by the Site, or any violation of these Terms
and Conditions by you.
YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU
SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 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 IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR.”
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of
action you may have arising out of, or relating to, your use of the Site or Site content must be filed
within one (1) year after such claim or cause of action arises, or forever be barred.
Applicable Laws / Jurisdiction
You agree that the laws of California, excluding its conflicts-of-law rules, shall govern your use of the
Site, the Site Content, and these Terms and Conditions. Your use of the Site may be subject to other local,
state, national, and international laws. You expressly agree that any dispute and/or claim arising out of or
in connection with your use of and/or inability to use the Site and/or Site Content shall be heard in the
County of Los Angeles, State of California. You hereby knowingly, voluntarily, and intentionally waive, to
the fullest extent permitted by applicable law, the right to trial by jury in any legal proceeding arising
out of or relating to this Agreement or the transactions contemplated hereby.We control and operate this
Site from our offices in the United States of America. We do not represent that materials on the Site are
appropriate or available for use in other locations. Persons who choose to access this Site from other
locations do so on their own initiative, and are responsible for compliance with local laws, if and to the
extent local laws are applicable.
Miscellaneous
All of these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and
their respective successors and permitted assigns. If any provision of these Terms and Conditions is held to
be invalid or unenforceable, such provision shall be modified or eliminated to the minimum extent necessary
and the remaining provisions shall be enforced. These Terms and Conditions constitute the entire agreement
between the parties hereto, and supersede any other agreement, promise, or practice between the parties
relating to the subject matter hereto. We reserve the right to terminate these Terms and Conditions and/or
to terminate your access to and ability to use the Site (or any portion thereof), at any time (with or
without notice). No waiver by either party of any right hereunder shall constitute a waiver of this or any
other right.
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