By submitting a request for loan products, services, or related information on MortgageDepot.com, User is consenting to be contacted by one or more Lenders either by telephone, email or mail based on the information User provides, even if User has opted into the National Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List, or the Do Not Call List of any particular Lender associated with us. User understands and agrees that the Lenders may maintain the information User submits to us whether User elects to use their services or not. In the event User no longer wants to receive communications from a Lender, User agrees to notify the Lender directly or opt out. User also gives us permission to send User periodic updates of current loan or related products which may be of interest to the User. User understand and agree that if User submits a request for loan products or services through the MortgageDepot.com, we will share your personal information (such as your full name, address, telephone number) with Lenders, including banks, correspondent lenders, mortgage bankers and brokers to process and fulfill your request.
Nothing contained herein shall constitute an offer or promise for a loan, loan commitment or interest rate lock-in agreement of any kind. Nothing on MortgageDepot.com constitutes an advertisement for credit as defined by Paragraph 226.24 of Regulation Z.
Use of the Our Website
User certifies to us that: (i) User is at least eighteen (18) years of age and a resident of, or located in, the United States; (ii) User assumes full responsibility for the use of MortgageDepot.com by any minors; (iii) User agrees that all information User has submitted to us, online or otherwise, is accurate and complete, and that User has not knowingly submitted false information on or through the MortgageDepot.com; and, (iv) User’s use of MortgageDepot.com is subject to all applicable federal, state, and local laws and regulations.
Disclaimer; Limitation of Liability
USER ASSUMES ALL RESPONSIBILITY FOR THE USE OF MORTGAGEDEPOT.COM. THE CONTENTS ARE PROVIDED “AS IS,” AND ARE WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; FREEDOM FROM VIRUSES, BUGS, ERRORS, OR OTHER HARMFUL CODE OR COMPUTER PROGRAMMING ROUTINES; AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. WE MAKE NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR SERVICES OR THE PRODUCTS OR SERVICES OBTAINED THROUGH MORTGAGEDEPOT.COM OR ANY HYPERLINKED SITE.
WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, PUNITIVE, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAWS, ARISING OUT OF THE USE OF OR INABILITY TO USE MORTGAGEDEPOT.COM THE CONTENTS, OR ANY HYPERLINKED SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We shall not be responsible or liable for any products, services, information or other materials displayed, purchased, or obtained as a result of any information or offer in or results of any kind obtained in connection with MortgageDepot.com, including, without limitation, any agent referrals, loan recommendations, application, approval, pre-qualification, loan or interest rate analysis. Nothing on MortgageDepot.com contains an offer, promise or otherwise, either to make a specific loan or that any participating lender or broker will make any loan for any purpose or on any specific terms.
In no event shall we be liable to anyone for any delays, inaccuracies, errors or omissions with respect to the information or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the information. The entire risk as to the accuracy, adequacy, completeness, validity and quality of any information is with the user.
MortgageDepot.com is only intended to provide data and information that may be of interest to its Users. The Website’s contents are comprised solely of general information and are not customized to a User’s personal situation.
User agrees to indemnify, defend, and hold harmless, us and our subsidiaries and affiliates, and their respective agents, officers, directors, employees, and contractors, from and against any and all loss, liability, claim, damage, and other expenses (including reasonable attorneys’ fees) caused by or arising from User’s: (1) violation of this Agreement; (2) access to or use of MortgageDepot.com or Service; or (3) failure to provide accurate, truthful, and complete, current personal information.
Violation of the Agreement; Termination
We may permanently or temporarily terminate, suspend, or otherwise refuse to permit User’s access to MortgageDepot.com without notice and liability, if, in our sole determination, User violates any of the terms and conditions, including the following prohibited actions; (i) use MortgageDepot.com for any illegal purpose or to submit, transmit or facilitate the distribution of information or content that is unlawful, harmful, abusive, racially or ethnically offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, libelous, threatening, or in a reasonable person’s view, objectionable; (ii) submit, transmit, promote or distribute information or content that is illegal; (iii) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running MortgageDepot.com; (iv) take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) upload invalid data, viruses, worms, or other software agents through MortgageDepot.com; (vi) use any robot, spider, scraper or other automated access MortgageDepot.com for any purpose without our express written permission; (vii) impersonate another person or otherwise misrepresent User’s affiliation with a person or entity, conduct fraud, hide or attempt to hide User’s identity; (viii) submit, upload, post, email, transmit or otherwise make available any information or content that User does not have a right to make available under any law or under contractual or fiduciary relationships; (ix) interfere with the proper working of MortgageDepot.com; or, (x) bypass the measures we may use to prevent or restrict access to MortgageDepot.com. Upon termination for any reason, User continues to be bound by this Agreement.
Other Products and Services
User understands and agrees that if User requests a product or service other than information regarding a loan product, we will share User information with certain business partners to process and fulfill User’s request. User further agrees that such business partners may contact User by telephone, email or mail based on the information User submits. User understands and agrees that the Lenders may maintain the information User submitted to us whether User elects to use their services or not. In the event User no longer wants to receive communications from a business partner, User agrees to notify the business partner directly. User also gives us permission to send User periodic updates concerning changes to MortgageDepot.com, Service or special offers which may be of interest.
Intellectual Property and Other Proprietary Rights
Please use this document and information at your own risk. The content of this site is copyrighted and therefore any unauthorized use of any materials on MortgageDepot.com may violate copyright, trademark, and other laws.
Materials on MortgageDepot.com may not be modified, reproduced, or publicly displayed, distributed or performed for any public or commercial purposes prior to our approval.
Unless otherwise indicated, all contents of MortgageDepot.com are protected by the copyright laws of the United States of America, all rights reserved. All trademarks, service marks and other logos are trademarks or service marks that belong to us. All other logos and brand names displayed on MortgageDepot.com are trademarks or service marks of their respective owners. User shall not reverse engineer, decompile, reverse assemble, analyze, study or otherwise attempt to discover the input and output protocols, the source code or any other features of the software or data not readily accessible through conventional use of a personal computer.
Other than a personal, non-transferable and non-exclusive license for User on behalf of personal yourself to use MortgageDepot.com on a single computer, We grant no license or other rights to its Website and the software, data and intellectual property rights embodied in MortgageDepot.com.
Any hyperlinks contained in MortgageDepot.com belong to third-party sites (“linked sites”) and are provided by us for User’s convenience only. We do not control linked sites in any way and neither expressly nor implicitly (i) represents or warrants the truth or accuracy of any information included in any linked site or (ii) endorses or sponsors any linked site, the content of any linked site, or any products sold or services offered by any linked site. Your use of these external websites is at your own risk.
Governing Law: Arbitration
This Agreement and User’s use of MortgageDepot.com shall be governed and construed according to the laws of the state where we operate from, without regard to choice of law principles. Any civil action, dispute, or proceeding, arising out of or relating to the Agreement and Users use of MortgageDepot.com, except for an injunctive action regarding a breach or threatened breach of any provision of the Agreement by User which shall be brought in our state of operation, shall be referred to final and binding arbitration before a single arbitrator under the commercial arbitration rules of the American Arbitration Association. We and User shall jointly select the arbitrator. If We and the User are unable to find a mutually satisfactory arbitrator within 30 days after the notice of arbitration is given, then the American Arbitration Association shall select the arbitrator. Arbitration will commence only when the party requesting it has deposited $1,000 with the arbitrator for the arbitrator’s fees and costs. Until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs, the party who requested arbitration is responsible for paying all fees that the arbitrator may periodically require. The arbitrator’s final and binding conclusion may be entered in any court of competent jurisdiction.
Limitation on Claims
You agree that any claim or cause of action arising out of or related to the use of MortgageDepot.com or this Agreement must be filed within one year after such claim or cause of action arose, or it is forever barred and waived, regardless of any statute or law to the contrary.
Changes in Agreement
If for any reason any portion of the Agreement is held to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible and the remainder of the Agreement will remain in full force and effect.
The Agreement sets forth the entire agreement between Us and User regarding the subject matter of the Agreement, and supersedes any prior oral or written statements or agreements with respect to the same.