Website Disclosures
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Welcome to MortgageUtopia.com (referred to as " MortgageUtopia " or "MortgageUtopia.com", “the MortgageUtopia.com team” "we," "us," or "our"). Before you begin to use the MortgageUtopia.com website, please take a moment to review this Terms of Use Agreement ("Agreement"). The Agreement describes the terms and conditions applicable to your use of the website and the products and services provided through or in connection with the MortgageUtopia.com Website (collectively, "Service"), which may be updated by MortgageUtopia.com from time to time without notice to you. MortgageUtopia.com may also offer other services that are governed by a different Terms of Service. You must read and agree with all of the terms and conditions contained in this Agreement and the website privacy policy then in effect ("Privacy Policy"), which is incorporated by reference, before you use the Service. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access the Service.
MortgageUtopia.com is a news and information service providing public information, editorial content, advertisers and directory information. Site directed & made available to persons in the USA. MortgageUtopia.com is not a lender or mortgage broker, does not offer loans or mortgages directly or indirectly and does not engage in selling, renting or transferring leads for direct marketing to consumers. Products and service areas managed by the advertiser who is solely responsible for the accuracy of information, rates, APR or loan/other information posted.a) Products and Services. The MortgageUtopia.com Website is an online news, information and marketplace providing public information, editorial content, advertisers and directory information. Site directed & made available to persons in the USA. MortgageUtopia.com is not a lender or mortgage broker, does not offer loans or mortgages directly or indirectly and does not engage in selling, renting or transferring leads for direct marketing to consumers. Products and service areas managed by the advertiser who is solely responsible for the accuracy of information, rates, APR or loan/other information posted. You understand and agree that if you submit a request for a loan product or service offered through the Service, your information will be handled buy the particular vendor and bit by MortgageUtopia.com. Information (such as your full name, address, telephone number, and social security number) may also be shared with Providers in our provider network, including banks, correspondent lenders, mortgage bankers and brokers (referred to individually as "Provider" and collectively as "Providers") to process and fulfill your request. You authorize the advertiser, or MortgageUtopia.com in the case that part of your loan is processed or uploaded by the service, in its sole discretion, to use your social security number to obtain your credit score for the purpose of matching your request with Providers. Your further authorize Providers that receive your personal information to use your social security number to pull your credit score and credit report for the purpose of processing and fulfilling your request.
You acknowledge that MortgageUtopia.com does not make loan or credit decisions in connection with the Service and that MortgageUtopia.com is not a party to any agreement that you may make with the service or provider, and that the service or provider is solely responsible for its services to you. You further acknowledge that MortgageUtopia.com may not be acting as your agent or broker and is not recommending any particular loan product or Provider to you. Any compensation we may receive is paid by the individual Provider for marketing services and/or products and services rendered by us to that particular Provider. MortgageUtopia.com does not charge you a fee to use the website. You understand that requirements for a particular featured advertiser, product or service are made by the individual Providers and that MortgageUtopia.com does not endorse, warrant, or guarantee the products or services of any the Providers. Nothing contained herein shall constitute an offer or promise for a loan commitment or interest rate lock-in agreement except as provided by the advertiser or provider, in which case, it will fully an agreement or concession between you and the advertiser and not by MortgageUtopia.com in any way. You agree that we shall not be liable for any damages or costs of any type which arise out of or in connection with your use of the website, the service and/or the service of provider. By submitting your contact request for a loan product, you are consenting to be contacted by one or more Providers by telephone, email or mail based, or any other way, on the information you have provided, even if you have opted into the National Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List, the Do Not Call List of an internal company. You understand that the Providers may maintain the information you submitted to MortgageUtopia.com whether you elect to use their services or not. In the event you no longer want to receive communications from a Provider, you agree to notify the Provider directly. You also give MortgageUtopia.com permission to contact you related to the information provided and to send you periodic updates of current products, advertisers and/or services which may be of interest to you.
b) Find-A-Home Service. You understand that the information you submit through the Find-A-Home service is collected by MortgageUtopia.com and disclosed to the third party Real Estate agent that participates in MortgageUtopia.com website. By using the Service, and in particular the Find-A-Home service, you understand and agree that a real estate professional or company may contact you by telephone, email, fax, mail or any other way depending on what information you have provided. MortgageUtopia.com does not list or sell homes. All real estate brokerage activities or services are performed by local licensed real estate brokers.
c) Other Products and Services. You understand and agree that if you request a product or service such as auto, personal or commercial insurance or auto or consumer loans or cash advances or service of any kind offered through the Service, MortgageUtopia.com will share your information with certain business partners to process and fulfill your request. You further agree that our business partners may contact you by telephone, email, fax, mail or any other way based on the information you have provided, even if you have 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 an internal company. You understand that MortgageUtopia.com business partners may maintain the information you submitted to MortgageUtopia.com whether you elect to use their services or not. In the event you no longer want to receive communications from a MortgageUtopia.com business partner, you agree to notify the partner directly.
d) Use of the MortgageUtopia.com Website and Service. You certify to us that: (i) you are at least eighteen (18) years of age; (ii) you assume full responsibility for the use of the Service by any minors; (iii) you agree that all information you have submitted to us, online or otherwise, is accurate and complete, and that you have not knowingly submitted false information on or through the website or Service; and, (iv) your use of the Service is subject to all applicable federal, state, and local laws and regulations.
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Prohibited conduct. You must not (i) submit, transmit or facilitate the distribution of information or content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, 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 the Service; (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 the Service; (vi) use any robot, spider, scraper or other automated access the Service for any purpose without our express written permission; (vii) impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity; (viii) submit, upload, post, email, transmit or otherwise make available any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (ix) interfere with the proper working of the Service; or, (x) bypass the measures we may use to prevent or restrict access to the Service.f)
Privacy Policy. MortgageUtopia.com respects your privacy. Personal information submitted in connection with the Service is subject to our Privacy Policy. For more information, see our full Privacy Policy.g)
Copyright and Trademark Notice Information. All contents of the MortgageUtopia.com Website are: Copyright © 2004 MortgageUtopia.com and/or its Providers and third party vendors. All rights reserved. MortgageUtopia.com trademarks and service marks and other MortgageUtopia.com logos and product service names are trademarks of MortgageUtopia.com ("MortgageUtopia.com Marks"). Without MortgageUtopia.com 's prior permission, you agree not to display or use in any manner, the MortgageUtopia.com Marks. All other logos or brand names shown on the Service are trademarks of their respective owners and/or licensors.h)
Proprietary Rights. You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further agree that all materials and/or content, including, but not limited to, articles, artwork, screen shots, graphics, logos, text, drawings and other files on the MortgageUtopia.com Website or as part of the Service are copyrights, trademarks, service marks, patents or other proprietary rights of MortgageUtopia.com or their respective intellectual property owners. Except as expressly authorized by us, you agree not to modify, copy, reproduce, sell, distribute or create derivative works based on or contained within the Service or the Software, in whole or in part. MortgageUtopia.com grants you a personal, non-transferable and non-exclusive right and license to use the code of its Software on a single computer; provided that you do not copy, modify, create a derivative work of, reserve engineer, decompile, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the Service by any means other than through the interface that is provided by MortgageUtopia.com for use in accessing the Service.i)
Links & Marketplace. MortgageUtopia.com, through the Service or otherwise, may provide Links & Marketplace to other websites. Because MortgageUtopia.com has no control over such websites, you acknowledge and agree that MortgageUtopia.com is not responsible for the availability of such external websites, and does not endorse and is not responsible or liable for any content, advertising, products, whether loan, auto, or telecommunications, or other materials on or available from such websites. You further acknowledge and agree that MortgageUtopia.com shall not be 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, products, goods or services available on or through any such website.j)
Indemnification. You agree to indemnify and hold MortgageUtopia.com, its subsidiaries, affiliates, agents, shareholders, officers, contractors, vendors and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, the violation of the Agreement by you, or the infringement by you, or any other user of the Service using your computer, of any intellectual property or other right of any person or entity. MortgageUtopia.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.k)
No Warranty. MortgageUtopia.com PROVIDES THE SERVICE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MortgageUtopia.com MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. MortgageUtopia.com DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION: (i) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (ii) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND, (iii) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.l)
Limitation of Liability. IN NO EVENT WILL MortgageUtopia.com BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICE, EVEN IF MortgageUtopia.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST MortgageUtopia.com WITH RESPECT THIS AGREEMENT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.m)
Release. YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE MortgageUtopia.com AND ITS AFFILIATES, PARTNERS, SERVICE PROVIDERS, VENDORS, AND CONTRACTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.n)
Notice. MortgageUtopia.com may provide you with notices, including those regarding changes to the Agreement, by either email, regular mail, postings on the Service or in any other way. All notices to MortgageUtopia.com must be made in writing and mailed to: MortgageUtopia.com *see Contact Uso)
Termination. You agree that MortgageUtopia.com may, under certain circumstances and without prior notice, immediately terminate your access to the Service. Cause for such termination shall include, but not be limited to: (i) breaches or violations of the Agreement or other incorporated agreements or the Privacy Policy; (ii) requests by law enforcement or other government agencies; (iii) discontinuance or material modification to the Service (or any part thereof); and (iv) unexpected technical or security issues or problems. You agree that all terminations for cause shall be made in MortgageUtopia.com 's sole discretion and that MortgageUtopia.com shall not be liable to you or any third party for any termination or access to the Service.p)
Dealings with Third Parties. Your correspondence or business dealings with any third parties as a result of your visit and participation in the Service, including, but not limited to, business dealings with mortgage brokers or lenders, insurance agents or carriers, or anyone or any other terms, conditions, warranties, representations associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party on the Service.q)
Disputes. This Agreement will be interpreted in accordance with the laws of the State of California, without regard to the conflicts of laws principles thereof. The parties agree that any and all disputes, claims or controversies arising out of or relating to the Agreement, its interpretation, performance, or breach, that are not resolved by informal negotiation within 30 days (or any mutually agreed extension of time), shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in San Diego, CA, or its successor. Either party may commence the arbitration process called for herein by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures in effect at the time of submission of the demand for arbitration. The costs of arbitration plus reasonable attorneys’ fees (including fees for the value of services provided by in house counsel) shall be awarded to the prevailing party in such arbitration. Judgment on the award rendered by the arbitrator may be entered in the California Superior Court, County of San Diego, or the United States District Court for the District of California, or nearest to San Diego, California. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the Superior Court of California, County of San Diego or the United States District Court for the District of San Diego California: (i) any dispute, controversy, or claim relating to or contesting the validity of MortgageUtopia.com 's proprietary rights, including without limitation, trademarks, service marks, copyrights, or trade secrets; or, (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or provisional relief such as writs of attachments or possession. THE PARTIES AGREE THAT THIS AGREEMENT HAS BEEN ENTERED INTO AT MortgageUtopia.com’s PLACE OF BUSINESS IN THE COUNTY OF SAN DIEGO, CALIFORNIA, AND ANY ARBITRATION, LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE COMMENCED AND TAKE PLACE IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.r)
Modification to Service. MortgageUtopia.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MortgageUtopia.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.s)
Waiver and Severability of Terms. The failure of MortgageUtopia.com to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement 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 Agreement remain in full force and effect.t)
Disclosure of Your Information. You acknowledge, consent and agree that MortgageUtopia.com may access, preserve, and disclose the information we collect about you if required to do so by law or in good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any information or content violated the rights of the third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of MortgageUtopia.com, its users and the public.u)
Entire Agreement. The Agreement constitutes the entire agreement between you and MortgageUtopia.com and governs your use of the Service, superseding any prior agreements between you and MortgageUtopia.com. You also may be subject to additional terms and conditions that may apply when you use or purchase certain when you use certain other MortgageUtopia.com services, affiliate services, third party content or third party software.v)
Survival. The following paragraphs shall survive termination or your refusal to continue to use the Service: 7, 8, 10, 11, 12, 13, and 17.w)
Statute of Limitations. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO USE OF THE SERVICE OR THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.x)
Disclaimer of Warranty The services, information or data (collectively, "Information") made available at the MortgageUtopia.com website are provided "AS IS", without warranties of any kind. MortgageUtopia.com expressly disclaims any representations and warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. MortgageUtopia.com shall have absolutely no liability in connection with the services including without limitation, any liability for damage to your computer hardware, data, information, Materials and business resulting from the Information or the lack of information available on the MortgageUtopia.com website.y)
Personal and Non-Commercial Use Limitation: PROHIBITED USES: You may NOT download and print materials on this Site for any use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other web site, transfer or sell any information, software, lists of users, databases or other lists, products or services obtained from this Site. The foregoing prohibition expressly includes, but is not limited to, the practices of "screen scraping" or "database scraping" to obtain lists of users or other information. If and when requested by MortgageUtopia.com, you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of MortgageUtopia.com, you agree to refrain from accessing or attempting to access password protected, secure or non-public areas of this Site. Unauthorized individuals attempting to access prohibited areas of this Site may be subject to prosecution.z)
No Harmful Or Prohibited Use: As a condition of your use of this Site, you warrant to MortgageUtopia.com, that you will not use this site for any purpose that is unlawful or prohibited by these terms, conditions, notices, applicable Local, State and/or Federal laws. If you violate any of these terms, your permission to use the Site automatically terminates. Void where prohibited or restricted. LIABILITY DISCLAIMER: You use this Site at your own risk. If your use of this Site or the materials therein results in the need for servicing or replacing property, material, equipment or data, neither the MortgageUtopia.com team, nor its affiliates are responsible for those costs.THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MORTGAGEUTOPIA.COM, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY WITHOUT PRIOR NOTICE MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE INCLUDING BUT NOT LIMITED TO THE INFORMATION, SERVICES, PRODUCTS OR OTHER MATERIAL AT ANY TIME. ALL INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL MORTGAGEUTOPIA.COM, ITS AFFILIATES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS, MATERIAL AND/OR SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF MORTGAGEUTOPIA.COM, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
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Indemnification. You agree to indemnify, defend and hold harmless MORTGAGEUTOPIA.COM, its affiliates and suppliers from any liability, loss, claim and expense (including attorney's reasonable fees) related to your violation of this Agreement.bb)
Links & Marketplace to Other Sites The sites linked to and from MortgageUtopia.com website are not under MortgageUtopia.com control, and we do not assume any responsibility or liability for any communications or materials available at such linked sites. We recommend that you always review their privacy policies and terms of use before you complete any transaction with them.cc)
Outside Links & Marketplace. While on this web site, you may be led to other web sites operated by parties other than the MortgageUtopia.com or its affiliates. Inclusion of hyperlinks & Marketplace by the MortgageUtopia.com to web sites does not imply any endorsement of the material on such web sites or any association with their operators, and you access and use such sites, including information, material, products and services therein, solely at your own risk. We are not responsible for the quality or results or any product or service provided by these companies. Review their products and services carefully. Furthermore, because the privacy policy you just read is applicable only when you are on our Site, once linked to another web site, you should read that site's privacy policy before disclosing any personal information. Their own privacy policies may be different than ours. We are not responsible for the use of the information that you give these third parties. CHANGES TO AGREEMENT: MortgageUtopia.com may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified Agreement.dd)
Miscellaneous: This website is applicable to and should only be used by persons 18 years of age or older located within the United States of America. Access and use of this website by persons under the age of 18 or from locations other than the United States is prohibited. This Agreement and the resolution of any dispute related to this Agreement or this Site shall be governed by and construed in accordance with the laws of California without giving effect to any principles of conflicts of law. Failure by MortgageUtopia.com or its affiliates to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. 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 this Site or this Agreement must be filed within one (1) month after such claim or cause of action arose or be forever barred. Any legal action or proceeding between MortgageUtopia.com and/or its affiliates and you related to this Agreement shall be brought exclusively in a California court and in accordance with the laws of the state of California.MortgageUtopia.com logos, product and service names are trademarks owned by and licensed to MortgageUtopia.com or its affiliates (the "Marks"). Without the prior written permission of MortgageUtopia.com or its appropriate affiliates, you agree not to display or use in any manner, the Marks. All other trademarks are the property of their respective owners.
The advice provided in the Featured Advice ages and other pages in our site is designed and provided as useful information to home buyers by the independent featured provider. We only feature Professional, licensed parties in our site and the information provided is the sole responsibility of the independent party and not MortgageUtopia.com, it's agents and it's affiliates' whatsoever. The information provided may be relevant in some states and/or a number of individual cases but it may not be accurate or relevant to certain individuals. BY ENTERING OR ACCESSING THIS SITE, YOU AGREE TO SEEK YOUR OWN PROFESSIONAL ADVICE FROM THE PERTINENT PROFESSIONAL AUTHORITY BEFORE USING THE INFORMATION. Borrower should consult with their Real Estate professional, Seller, Tax Consultant or Attorney before purchasing a property and to discuss benefits, charges and responsibilities of home-ownership and the transaction. Real Estate professionals and Real Estate companies listed here are not affiliated with MortgageUtopia.com in regards to their Real Estate transaction. MortgageUtopia.com is NEVER compensated by any of the featured Real Estate professionals on their Real Estate transaction. Logos and trademarks are the property of their registered companies.
The term MortgageUtopia.com refers to MortgageUtopia, MortgageUtopia.com, the MortgageUtopia.com team and it's affiliates and business partners (called "us" on this agreement). The term "you", "me" or "subscriber" refers to you, the subscriber, the person who submitted information to our site on his/her or your behalf and/or anyone who shares phone numbers/email or physical addresses. In order to comply with new FCC "Unsolicited" Fax Rules/Email Spam and Don Not Call Federal and State regulations and in response to the removal of the "Established Business Relationship" clause from the Telephone Consumer Protection Act (TCPA) we are asking our current and potential customers to agree (signature or electronic acceptance of the agreement) to this Fax/Email/telephone calls Correspondence Permission.
By clicking the SUBMIT button anywhere in our website, I acknowledge that I am providing my consent to be contacted by MortgageUtopia by any means and to receive electronic communications pursuant to the Electronic Signature in Global and National Commerce Act and other applicable acts, laws and regulations (local, state or federal), receive phone calls from MortgageUtopia.com and to receive fax and email communications to any of my email addresses. I acknowledge that I have read and agree to the terms and conditions of this electronic broadcast agreement and mortgage & HUD disclosures. If at any time, you would like to stop receiving our transmissions, please feel free to email us to Info@MortgageUtopia.com at anytime. We will confirm receipt of your request to remove. Important Information:
To receive, view, and save disclosures and other related information, you must have a personal computer equipped with Netscape 4.0, Microsoft Explorer 4.0 or AOL 5.0 or later, and either a printer, a hard drive, other storage device or fax machine. As paperless communication options become available, clients will be able to choose which communications to receive electronically, and which to receive via standard mail. We will notify you in advance of sending such electronic disclosures and information. You must notify us if your email address or fax number changes in order to continue receiving disclosures and information electronically. You may withdraw your consent to receive information electronically (email or fax) at any time. You have the option to request some information that we have provided electronically (email or fax) in paper form.
To notify us of your new email address, fax number or withdraw your consent, please contact us by email at Info@MortgageUtopia.com or by regular mail at *see Contact Us
At MortgageUtopia.com, your security is a top priority and we are committed to protecting your privacy online. This Privacy Policy outlines the steps we've taken to ensure that you have a great experience at MortgageUtopia.com, and also provides details on how we treat any personal information you may submit to us. This Privacy Policy applies to this website, MortgageUtopia.com. In addition, MortgageUtopia.com may add new sites that may or may not be listed in this Privacy Policy. Please note that this policy applies only to sites maintained by MortgageUtopia.com and not to websites maintained by other companies or organizations to which we link. In addition, this policy applies only to information collected by MortgageUtopia.com online, not offline.
a) Information Collection and Use We will collect and use personal information about you to respond to your request for products and services offered through this website. We will also collect information in order to notify you about products, services, and other opportunities we think will be of interest to you. Although personal information we collect from you may be considered publicly available through government records or available through widely distributed media, we will treat all personal information submitted by you as nonpublic personal information. The information we collect may be from the following sources:
Information provided by you in connection with obtaining financial products or services such as mortgage loans.
Information you provide us when you register to receive communications from us.
Information you provide us when you enter promotions or sweepstakes offered by MortgageUtopia.com
Information you provide us through surveys, feedback, or other forms hosted on our website or the pages of a MortgageUtopia.com partner.
Information you provide us when you apply for a job with MortgageUtopia.com.
We also collect demographic information. Demographic information is all other information such as gender, zip code, or any information that is not tied to your personal information. In addition, we might receive information about you from other sources (such as service providers) for tracking purposes. We may add the information we receive about you to your existing application. Like other websites, we also automatically receive and record certain types of information every time you visit us. We may use " cookies" and the other information to enhance your experience and present you with personalized offers. Likewise, we sometimes use third-party advertising companies to serve and track advertisements appearing on our website. These companies may employ cookies and action tags to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous.
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Information Sharing and Disclosure We do not share personal information about you with other people or nonaffiliated companies except to provide product or services you have requested or under the following circumstances:Loan Products or Service Requests - If you submit a request for a loan product or service offered through this website we will share the personal information contained in your request form, such as your name, physical address, telephone number, property location and self-assessed value, and social security number, with lenders in our provider network strictly to process and fulfill your request. In some circumstances, we may obtain additional information about you and/or share that information with lenders in our provider network. For example, we may use your social security number to obtain your credit score to help us match you with a lender. In addition, lenders that receive your personal information may use your social security number to pull your credit score and/or credit report in order to process and fulfill your request. All lenders in our provider network, which include banks, mortgage lenders and brokers, have entered into marketing agreements with us and are required to comply with federal and state privacy regulations. The lenders may contact you by telephone, email, or mail based on the information you provided to us in order to process and fulfill your request, even if you have 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 an internal company. If one of the lenders contacts you by telephone and you wish not to be contacted again by that lender with respect to your inquiry, then you should specifically make a request to that lender not to contact you again. If the lender disregards your request and contacts you again, please let us know immediately. Please note that the lenders may maintain the information you provided whether you elect to use their services or not.
Find A Home or Real Estate Agent Service Requests - If you submit a request to the Find a Home webpage, we will collect your personal information and disclose it to a Real Estate agent that participates in MortgageUtopia.com Find A Home service. Please note that the personal information you submit through the Find A Home service is subject to the Real Estate agent’s company Privacy Policy.
Other Products or Service Requests - If you submit a request for a product or service other than a loan such Internet access, automobile insurance or long distance telephone service, we will share the personal information contained in your request form such as your full name, telephone number and email address with our business partners to process and fulfill your request. Our business partners may contact you by telephone, email, or mail based on the information you provided to us, even if you have 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 an internal company. If one of our partners contacts you by telephone and you wish not to be contacted again by that business partner with respect to your inquiry, then you should specifically make a request to that partner not to contact you again.
Vendors - We sometimes disclose the information we collect to companies that host certain services for us such as marketing distribution services on our behalf. These vendors only have access to personal information needed to perform their functions, and may not share it with others or use it for any other purpose. These companies are subject to confidentiality agreements with us and other legal restrictions that prohibit them from using the information except to market the specified MortgageUtopia.com products or services.
Job Postings - We allow for the online submission of resumes and employment related information. Please note that the information (including personal information) collected through the online job application process on the Career Pages section of our website is not subject to this Privacy Policy . However, we want to assure you that information obtained from our job site will be used solely for the purpose of accepting and evaluating your submission for possible employment and the related purposes described on our Career Pages.
Affiliate Partners - Personal and business information submitted through the "Corporate Alliance Program” or Partner Program” will be shared with the respective party. Please review their privacy policy before submitting your personal information.
As Permitted by Law - We may be required to share your personal information with law enforcement or government agencies in response to subpoenas, court orders, federal/state audits or similar circumstances. We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of MortgageUtopia.com 's Terms of Use, or as otherwise required by law.
Business Transfer - As with any other business, it is possible that MortgageUtopia.com in the future could merge with or be acquired by another company. If such an acquisition occurs, the successor company would have access to the information maintained by MortgageUtopia.com, including customer account information, but would continue to be bound by this Privacy Policy unless you consent otherwise.
c)
Advertisements & Pop Up Windows On occasion, you may receive advertisements for MortgageUtopia.com from third parties. For instance, when visiting a third party website, you may receive a "pop up" window advertising MortgageUtopia.com. Please note that such advertisements may be served by the third party website that you have visited and are not controlled by MortgageUtopia.com. In addition, such advertisements may be placed by third party ad servers or ad networks. We may maintain relationships with a number of the third party ad networks currently operating.d)
Anti-Spam Policy You will not receive MortgageUtopia.com email communications unless you submit your email address to us and register to receive them. Additionally, you may also receive emails that advertise MortgageUtopia.com services from third party publishers. We have firm ground rules for dealing with any third party email services to ensure that advertisements for MortgageUtopia.com are not sent out through a "Spam" mailing -- ensuring that our offers are sent only to those individuals who have given their permission to the third party email service to receive email communications. If any third party email publisher refuses to abide by MortgageUtopia.com anti-Spam policy, we will not use that publisher's services. If you want to stop receiving emails from a third party, you should follow the opt-out instructions included in the third party email so that you will not be included in any future mailings. An "unsubscribe" link should appear within or at the top or bottom of the email you received. However if for any reason it does not work, please bring that to our attention by emailing us at Info@ MortgageUtopia.com or contact us directly.e)
Cookies and IP Addresses To serve you faster and with better quality, we may use "cookies" technology. Cookies are small bits of code, usually stored on a user's computer hard drive, which enable a Website to "personalize" itself for each user. We may use cookies to reduce the time it takes for pages to load on your computer and to assist with customer tracking. Customer tracking (or "click-stream") data collected by us is used to optimize your experience by learning whether or not you successfully used MortgageUtopia.com. Cookies are not tied to your personal information. Additionally, we may capture click-stream data on some of our partner's websites, limited to the activity involved with the completion of offers listed on our website. This information is used to monitor the performance of our partners. We also keep track of Internet Protocol (IP) addresses. An IP Address is a number that is used by computers on the network to identify your computer every time you log on to the Internet.f)
Confidentiality and Security The security of your personal information is very important at MortgageUtopia.com and we take a number of steps to safeguard it. For example: We limit access to personal information to those employees or agents who assist us in providing requested products and services to you. Employees are required to comply with our strict policies and procedures regarding the handling of your personal information. Employees who violate these policies are subject to our normal disciplinary process. We maintain physical, electronic, and procedural safeguards that comply with federal standards to guard personal information about you. We use industry standard data encryption technologies when transferring and receiving consumer data on the MortgageUtopia.com website.g)
Opting-Out You may register to receive communications from us directly on our website or through a third party. Upon registering, we will periodically send you newsletters and other e-mails featuring special and exclusive offers, promotions and other members-only benefits. If you no longer wish to receive these communications, please let us know by sending an email to Info@ MortgageUtopia.com. Our email database is updated continually. However, you may continue to receive email communications from us up to thirty business days from the time we receive your unsubscribe request. Please note that MortgageUtopia.com can only control its own mailing list and policies. Third party advertisers that maintain their own mailing lists may send communications that advertise our services, and you may need to contact these parties directly in order to stop receiving their email communications. Also, please note that if you enter into a transaction through our website, we may send you a thank you notice, ask for a satisfaction rating, request a testimonial and give you periodic product reminders as part of your service.h)
Third Party Links & Marketplace This Privacy Policy applies to all information that you provide to MortgageUtopia.com. However, when you visit websites to which MortgageUtopia.com provides a link, keep in mind you will be interacting with a third party that operates under its own privacy and security policy. If you choose to obtain certain services through a third party site, the data collected by the third party is governed by that third party's privacy policy. A third party site will also have its own policy regarding the use of cookies and clear gifs. We encourage you to review the privacy policies of any other service provider from whom you request services. If MortgageUtopia.com receives personal information from a third party that is not in conjunction with a service offered on our site, the use and disclosure of such information is governed by the agreement (if any) between MortgageUtopia.com and such third party.i)
Framing In some cases, we may use third party vendors to operate portions of MortgageUtopia.com website. Although the particular section of the website may have a similar appearance as the MortgageUtopia.com site, information submitted through these outside third parties are subject to this Privacy Policy unless otherwise stated.j)
A Special Note about Children's Privacy You must be at least 18 years old to use this website. We do not knowingly collect, use or disclose personal information about visitors under 18 years of age. If you are under 18 years of age, you can use the services offered on our website only in conjunction with your parents or guardians.k)
Updating Your Information If you want to access or update the personal information you submitted to MortgageUtopia.com, please contact MortgageUtopia.com. In the alternative, you can write us at the address below and request that your personal information be updated.l)
Changes to this Privacy Policy MortgageUtopia.com may update or modify this Privacy Policy from time to time and without further notice. If there are material changes to this Privacy Policy, or in how MortgageUtopia.com will use your personal information, we will post such changes here. You will not be notified if any of the material changes that affect the use of your personal information and asked to opt-in to the new use of your personal information. If you do not agree with the changes to how your information will be used, please do not continue to use this website.
By using this site, you signify your assent to the MortgageUtopia.com Privacy Policy. If you do not agree to this policy, please do not use any of the MortgageUtopia.com site. When you request rate quotes or other information through MortgageUtopia.com, you are authorizing us to share information with our business partners, who will contact you by phone, email, or mail. If you do not want further communication from them, please notify the partner directly. We reserve the right to make changes in this policy at any time. Please check the policy each time you use our website to ensure you are aware of any changes in our privacy practices. Our Privacy Policy will indicate the date it was last updated. Your continued use of our site will signify your acceptance of the changes to our Privacy Policy.
a) With the Real Estate Market Analysis service, a Real Estate agent obtains a range of estimates of a home’s value based on comparable sales for the home. The Real Estate Agent is a licensed professional in the user’s area. Local Real Estate agents may not be available to perform a comparative market analysis. Any of the foregoing reports described in this paragraph, as well as any other reports, information or data delivered pursuant to this service, is hereinafter referred to as a "Report."
b) MortgageUtopia.com does not make any warranty, express or implied, or assume any legal liability or responsibility for the completeness or usefulness, or the accuracy or quality of any information presented in the Reports. While reasonable efforts have been made to ensure the accuracy of the information provided, the information is subject to change without notice and cannot be guaranteed to be current.
c) MortgageUtopia.com is not an agent for you or any real estate agent or lender that you select. No aspect of Real Estate Market analysis service is an appraisal. This report cannot replace an appraisal or similar report rendered by a licensed, professional appraiser. Always consult a licensed appraisal professional before contemplating any real estate transaction. The materials and information on this website are provided to help our users make informed personal real estate buying, selling, and ownership decisions. You may access, download and print materials on this website for your personal, non-commercial use. If and when requested by MortgageUtopia.com, you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity.
d) Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE REPORTS IS AT YOUR OWN RISK. MortgageUtopia.com AND ITS AFFILIATES AND LICENSORS WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH THE REPORTS, YOUR USE THEREOF, OR ANY OF THE INFORMATION, DATA OR OTHER MATERIAL CONTAINED IN THE REPORTS, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST MortgageUtopia.com, ITS AFFILIATES AND LICENSORS FROM LOSSES AND DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE REPORTS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY AND ALL INFORMATION CONTAINED IN THE REPORTS IS PROVIDED "AS IS" AND MortgageUtopia.com AND ITS AFFILIATES AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, REPRESENTATION, WHETHER ORAL, WRITTEN, OR IN ELECTRONIC FORM, INCLUDING, BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED IN A REPORT.
ANY REAL ESTATE AGENT THAT MAY PERFORM A COMPARATIVE MARKET ANALYSIS HEREUNDER IS NOT AFFILIATED WITH MortgageUtopia.com OR ANY OF ITS AFFILIATES OR LICENSORS. NEITHER MortgageUtopia.com NOR ITS AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY OF THE ACTS OR OMISSIONS OF SUCH REAL ESTATE AGENTS. WHILE MortgageUtopia.com ATTEMPTS TO CONFIRM THAT PARTICIPATING REAL ESTATE AGENTS ARE LICENSED TO PERFORM THEIR SERVICES, MortgageUtopia.com DOES NOT REPRESENT OR WARRANT THAT ANY REAL ESTATE AGENT OR OTHER PROVIDER WHO OFFERS SERVICES THROUGH THIS SITE IS LICENSED, QUALIFIED OR CAPABLE OF PROVIDING SUCH SERVICE. MortgageUtopia.com MAKES NO REPRESENTATION OR WARRANTY AS TO THE TIMELINESS OR ACCURACY OF THE COMPARATIVE MARKET ANALYSIS OR OTHER SERVICES PROVIDED BY ANY REAL ESTATE AGENT OR OTHER PROVIDER PARTICIPATING IN THIS SERVICE.
e) No Resale or Commercial Use of the Reports. Your right to use the Reports is personal to you. You agree not to resell or make any commercial use of a Report.
f) Copyright and Trademarks. You acknowledge that the content and compilation of the Reports is protected by laws governing intellectual property rights and other proprietary rights; therefore, you are only permitted to use the Reports as expressly authorized by MortgageUtopia.com. You may not modify, distribute, transmit, publish, license, create derivative works from, transfer or sell a Report or any portion thereof.
g) You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Reports.
h) You agree to defend, indemnify and hold MortgageUtopia.com and its affiliates and licensors harmless from and against any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, related to your violation of this Agreement.
This Publisher Agreement, including the description of the MortgageUtopia.com Trade-A-Link Program provided is a legally binding agreement between you and MortgageUtopia.com and its affiliates and participating Publishers (collectively MortgageUtopia.com or we). By registering for and participating in the MortgageUtopia.com Trade-A-Link Program (The Program), you acknowledge that you have read the terms of this agreement and agree to be bound by this agreement. Once you are accepted into the Program, your participation in the Program is governed by this Agreement. Even after you are accepted into the Program, we may determine (in our sole discretion) that your website is unsuitable for the Program and terminate this Agreement for any reason at any time.
Your Obligations.
1. Eligibility. To be eligible to be a MortgageUtopia.com Publisher, you must operate a web site and not one or more subscription newsletters, be approved by MortgageUtopia.com and your website must not in our sole discretion: (a) mislead others; (b) operate or utilize a Website or e-mail link to Websites that contain or promote, any of these types of content: libelous, defamatory, obscene, abusive, violent, bigoted, hate-oriented, illegal, cracking, hacking or warez, content targeted at children, or the offer of any illegal good or service, or link to a Web site(s) that do so; (c) engage in the sale or promotion of pornography, tobacco, gambling, or any illegal activity or the disparagement of any individual group on the basis of age, color, national origin, race, religion, gender, sexual orientation or physical or mental handicap or targeted at person's under the age of 18; (d) engage in spamming, indiscriminate advertising or unsolicited commercial e-mail; and/or (e) have been terminated from our program. You remain solely responsible for the content of your Website.
2. Advertisements. You may only use the banner advertisements, button Links & Marketplace, text Links & Marketplace to our Website and/or other advertisements promoting MortgageUtopia.com products (Advertisements) that are provided. You may not modify the Advertisements without MortgageUtopia.com 's prior written consent. You may not include price information, approval status, possibility of approval, any loan commitment or commitment to lend, monthly payments estimates, down payment amount and any cost information. Each link connecting users of your Website to our Website shall not alter the look, feel or functionality of our Website.
3. Prohibited Activities. You shall not undertake or engage in the following practices, and any violation of this Section shall be deemed a material breach of this Agreement: (i) use or otherwise incorporate the words MortgageUtopia.com or variations or misspellings in the domain name(s) of your Website(s); (ii) modify or alter MortgageUtopia.com 's Website in any way; (iii) make any representations, either express or implied, or create an appearance that a visitor to your Site is visiting MortgageUtopia.com 's Website; e.g., "framing" the MortgageUtopia.com Website; (iv) use pop-under advertisements to advertise MortgageUtopia.com (i.e., ads that appear under the current browser window; (v) use any mark, name or domain name of any type which is confusingly similar to MortgageUtopia.com or other MortgageUtopia.com trademarks, or (vi) alter the promotional materials provided to You by MortgageUtopia.com or use other promotional materials or language without first receiving written authorization from MortgageUtopia.com; or (vi) send any e-mail advertising any MortgageUtopia.com product.
4. Privacy Policy. You will develop and maintain a privacy policy which shall accurately describe the information collection and use practices of your website, including but not limited to, the type of information collected, how the information is collected and used, and with whom the information is shared. You will also describe any information that is collected on your Website by any third party, including Commission Junction. Your Website must have a prominent link to your privacy policy.
5. Public Announcement. You may not mention MortgageUtopia.com in a press release or other public statement (other than the Advertisements) unless you have received prior written approval from MortgageUtopia.com.
6. Our Obligations.
a. Advertisements. We will use commercially reasonable efforts to present accurate information but we cannot guarantee the availability or terms of any particular vehicle loan. We have the right to accept or reject any applicant for a vehicle loan for any reason.
b. Compensation. There is no compensation of any kind on this program.
c. Intellectual Property. Non-Exclusive Limited License and Use of MortgageUtopia.com Logos and Trademarks. MortgageUtopia.com grants you a non-exclusive, non-transferable, revocable right without the right to sublicense to (i) access MortgageUtopia.com's Website through Links & Marketplace solely in accordance with the terms of this Agreement, and (ii) solely in connection with such Links & Marketplace or other activities as authorized under this Agreement, to use MortgageUtopia.com 's logos, trade names, trademarks, service marks and similar identifying material (collectively MortgageUtopia.com Licensed Materials), solely for the purpose of promoting MortgageUtopia.com 's products and services on Your Website(s) through advertising and Links & Marketplace. You may not alter, modify or change the MortgageUtopia.com Licensed Materials in any way, and you are only entitled to use the MortgageUtopia.com Licensed Materials. No right, property, or interest in any MortgageUtopia.com Licensed Materials owned by MortgageUtopia.com or any of its Publishers is intended to be given to or acquired by you by the execution of or the performance of this Agreement.
d. Non-Exclusive Limited License and Use of Your Logos and Trademarks. You grant MortgageUtopia.com a non-exclusive, non-transferable, revocable right to use and display Your logos, trade names, trademarks, service marks and similar identifying material (collectively Publisher Licensed Materials), solely for the purposes contemplated under this Agreement, including allowing MortgageUtopia.com to list your name and trademark as an Publisher in the Program on our Website. MortgageUtopia.com may not alter, modify or change the Publisher Licensed Materials in any way. No right, property, license, or interest in any Publisher Licensed Materials owned by you is intended to be given to or acquired by MortgageUtopia.com by the execution of or the performance of this Agreement.
e. Use of Licensed Materials. You will not use the MortgageUtopia.com Licensed Materials in any manner that is disparaging or that otherwise portrays MortgageUtopia.com in a negative light. You will not create, publish, distribute or permit any written material that makes reference to MortgageUtopia.com, without first submitting such material to us and receiving MortgageUtopia.com 's written consent. MortgageUtopia.com reserves all of its rights in the MortgageUtopia.com Licensed Materials, and all other intellectual property rights. MortgageUtopia.com may revoke Publisher's license by giving notice at any time.
f. Proprietary Property. All intellectual or proprietary property and information, supplied or developed by MortgageUtopia.com shall be and remain the sole and exclusive property of MortgageUtopia.com. Upon termination of this Agreement, you shall return to MortgageUtopia.com any and all such property and information.
g. Term and Termination. The term of this Agreement will begin upon acceptance of your Program application (the Effective Date) and shall remain effective, unless sooner terminated as provided herein, for an initial term of one (1) year from the Effective Date. After the initial term, this Agreement will automatically renew for successive one-year periods. Either party may terminate this Agreement at any time and for any reason. We may immediately terminate the Agreement if we terminate our Program or if you violate your obligations under this Agreement. Within 1 day of termination of this Agreement, you will stop displaying all MortgageUtopia.com Advertisements or other references to MortgageUtopia.com or its affiliates.
h. Your Representations and Warranties. You hereby represent and warrant to us that: (i) you have duly and validly executed this Agreement and it constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms; (ii) your Website complies with your Obligations described in Section 2 above, including, but not limited to, your obligations regarding eligibility, advertising, privacy and e-mail; (iii) the execution, delivery, and performance by you of this Agreement and the consummation by you of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time, or both, conflict with or violate (a) any provision of law, rule, or regulation to which you are subject, (b) any order, judgment, or decree applicable to you or binding upon your assets or properties, (c) any provision of your by-laws or certificate of incorporation if applicable, or (d) any agreement or other instrument applicable to you or binding upon your assets or properties; (iv) no consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made by you in connection with the execution, delivery, and performance of this Agreement or the taking by you of any other action contemplated hereby; and (v) there is no pending or, to the best of your knowledge, material threatened claim, action, or proceeding against you, or any subsidiary or Publisher of yours, with respect to the execution, delivery or consummation of this Agreement, or with respect to your trademarks, and, to the best of your knowledge, there is no basis for any such claim, action, or proceeding.
i. Disclaimers. MortgageUtopia.com makes no express or implied warranties or representations with respect to the Program or products or services offered through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of course of performance, dealing, or trade usage). In addition, MortgageUtopia.com makes no representation that the operation of its Website will be uninterrupted or error free, and MortgageUtopia.com will not be liable for the consequences of any interruptions or errors. MortgageUtopia.com will not, and is not obligated to, make any representations, warranties, or other statements concerning you, your website, any of your products or services, or your website policies, except as provided in the Advertisements.
j. Indemnification. You agree to indemnify, defend and hold harmless MortgageUtopia.com and our parents, subsidiaries, Publishers, successors and assigns from any and all losses, liabilities, damages, actions, claims, expenses, and costs including, without limitation, reasonable attorneys' fees, which result or arise from or related to the development, operation, maintenance, and contents of your Website or your negligence or breach of this Agreement.
MORTGAGE DISCLOSURES FROM ADVERTISER
In accordance with state and federal regulations, the following disclosure and licensing information is available for you to review online:
* Home Mortgage Disclosure Act
* Equal Housing Opportunity Lender
* The Housing Financial Discrimination Act of 1977, California Fair Lending Notice
* Equal Credit Opportunity Act Fair Lending Notice
* Special Notices
Home Mortgage Disclosure Act (HMDA) The HMDA data about our residential mortgage lending are available for review. The data show geographic distribution of loans and applications, income of applicants and borrowers, and information about loan approvals and denials. Race and gender information will be collected in 2003 and available for review in 2004. Inquire at *See Contact Us regarding the location where HMDA data may be inspected.
We conduct business in accordance with the Federal Fair Housing Law (Fair Housing Amendments Act of 1988). It is illegal to discriminate against any person because of race, color, religion, sex, handicap, familial status, or national origin.
* In the sale or rental of housing
* In advertising the sale or rental of housing
* In the financing of housing
* In the provision of real estate brokerage service
* In the appraisal of housing
* Blockbusting is also illegal
Anyone who feels he or she has been discriminated against may file a complaint of housing discrimination: 1-800-669-9777 (toll free), or 1-800-927-9275 (tdd), U.S. Department of Housing and Urban Development Assistant Secretary for Fair Housing and Equal Opportunity, Washington DC 20410.
The Housing Financial Discrimination Act of 1977, California Fair Lending Notice. It is illegal to discriminate in the provision of or in the availability of financial assistance because of the consideration of: * Trends, characteristics, or conditions in the neighborhood or geographic area surrounding a housing accommodation, unless the financial institution can demonstrate in the particular case that such consideration is required to avoid an unsafe and unsound business practice. * Race, color, religion, sex, marital status, national origin, or ancestry. It is illegal to consider the racial, ethnic, religious, or national origin composition of a neighborhood or geographic area surrounding a housing accommodation, or whether or not such composition is undergoing change, or is expected to undergo change, in appraising a housing accommodation or in determining whether or not, and under what terms and conditions, to provide financial assistance. These provisions govern financial assistance for the purpose of the purchase, construction, rehabilitation, or refinancing of one- to four-unit family residences occupied by the owner and for the purpose of the home improvement of any one- to four-unit family residence. If you have any questions about your rights, or if you wish to file a complaint, contact the management of this financial institution
The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided that the applicant has the capacity to enter into a binding contract); because all or part of the applicant's income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning the creditor is:
Mortgage Companies: Federal Trade Commission Equal Credit Opportunity Room 4037 Washington DC 20580
To help us prevent fraud and to assist the government in fighting the funding of terrorism and money laundering activities, we are obtaining, verifying, and recording information that identifies each person who obtains a mortgage loan with us. What this means for you: When you obtain a mortgage loan, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents. THIS CRITICAL INFORMATION SHOULD NEVER BE PROVIDED BY EMAIL OR WHEN SOMEONE CALLS YOU ON THE PHONE.
Annual Percentage Rate (APR) calculations assume the purchase of a single-family, detached, owner-occupied primary residence; a loan-to-value of less than 90%; Excellent credit (score of 700 and meeting the underwriter trade-line requirement); Sufficient income and liquid assets to qualify for a loan amount of $200,000 for fully conforming loans, unless otherwise specified. Annual Percentage Rate (APR) calculations assume no subordinate financing and that the borrower will provide full income and property documentation. Available first mortgage rates and fees may vary depending on your property's location. Monthly Payment calculations include principal and interest ONLY. PMI (Private Mortgage Insurance), hazard insurance, property taxes, state taxes, mortgage taxes, homeowner's association dues, and any other recurring costs and non-recurring costs are not included. Rates may be higher for other loan amounts. Please call for details. Rates are subject to change without notice. Restrictions may apply. Subject to underwriter approval; not all applicants will be approved. Fees and charges apply. On refinance transactions, the Annual Percentage Rate (APR) calculations assume a rate and term refinance, not including a cash-our refinance. In a refinance transaction.
Communication & Broadcast Correspondence Authorization
Real Estate Market Analysis - Terms & Conditions
Trade-A-Link Publisher - Terms & Conditions
MORTGAGE DISCLOSURES FROM ADVERTISER
The Housing Financial Discrimination Act of 1977
Equal Credit Opportunity Act - Fair Lending Notice
Important Information About Procedures For Obtaining A Mortgage Loan
MortgageUtopia.com is a news, editorial and professional directory service made available to persons in the USA. MortgageUtopia.com is not a lender or mortgage broker, does not offer loans and does not engage in selling leads. Products & services offered and managed and represented by the advertiser who is also solely responsible for the content posted.
Reproduction in any way is strictly prohibited. MortgageUtopia.com® Copyright 2011