MortgageLoan.com (“ML”) offers visitors free use of various mortgage content, tools and widgets (the “Widgets”) for placement or embedding on visitors’ websites subject to the terms and conditions found herein. Please read these terms and conditions of use of Widgets (hereinafter the “Terms and Conditions”) carefully before embedding, posting or using any Widgets offered by Mortgageloan.com.
By using graphics and code and any associated documentation for Widgets developed by ML, you agree to be bound by the following Terms and Conditions. If you do not agree to all of these Terms and Conditions, you are not authorized to use the Widgets.
If you agree to these Terms and Conditions on behalf of a business, you represent and warrant that you have authority to bind that business to these Terms and Conditions, and your agreement to these Terms and Conditions will be treated as a binding agreement of behalf of the business displaying, embedding or otherwise using the Widgets. In such event, “you” and “your” shall refer herein to that business.
Subject to these Terms and Conditions, ML grants you a worldwide, non-exclusive, non-transferable, non-sublicensable right and license to download, access, and use the Widgets. Except as expressly specified in these Terms and Conditions, you may not (a) decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, or create derivative works or improvements from the Widgets or any portion thereof, or attempt to discover any source code, protocols, or other trade secrets in the Widgets; (b) obtain or attempt to obtain unauthorized access to ML’s network; (c) incorporate the Widgets into any hardware or software device that you are not authorized to use or otherwise modify; (d) use, export, or re-export the Widgets in violation of applicable laws or regulations; (e) sell, lease, loan, distribute, transfer, or sublicense the Widgets or access thereto or derive income from the use or provision thereof, whether for direct commercial or monetary gain or otherwise; (f) use Widgets in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms and Conditions; (g) use a Widget to disseminate content that infringes a third party’s intellectual property rights; or (h) use Widgets for any enterprise or commercial purposes for which the Widgets were not designed. Without derogating from the generality of the foregoing, you will furthermore not remove any backlinks from the Widget software code.
You agree that ML, its affiliates and licensors own all right, title and interest in and to the Widgets including any content provided in or accessible through the Widgets, including without limitation all intellectual property rights therein. You will not remove, delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on or incorporated in the Widgets.
ML is not obliged to offer any technical or maintenance support for the Widgets. ML may offer upgrades or updates to the Widgets in its sole discretion. ML may change, suspend, or discontinue any aspect of the Widgets at any time without notice to you. ML may also impose limits on certain features and services or restrict your access to parts or all of the Widgets, related content and services without notice or liability.
Fees and Payments
The Widgets are currently provided to you without charge. ML reserves the right to charge fees for future use of or access to Widgets or ML content and services at ML's sole discretion, but with prior notice to you.
Third Party Software, Hardware, and Services
You agree that you are responsible for all third party software, hardware, and services used in connection with the Widgets. Any third party software, hardware, and services (whether required or optional) that you use in conjunction with the Widgets, is the sole responsibility of such third party, and is subject to the terms, conditions, warranties and disclaimers provided by such third party.
Disclaimer of Warranties
Use of the Widgets and any data, content or services accessed through them is at your sole risk and these offerings are provided "as is." Any material or service downloaded, accessed or otherwise obtained through your use of a Widget is at your own discretion and risk, and you will be solely responsible for any results from the download or use of any material, information or service.
ML and expressly disclaims all warranties of any kind, whether express or implied, relating to the Widgets, data, content, or services accessed from, or the accuracy, timeliness, completeness, or adequacy of the Widgets and any data, content, or services accessed from them including the implied warranties of title, merchantability, satisfactory, quality, fitness for a particular purpose, and non-infringement. No advice or information, whether oral or written, obtained from ML or elsewhere will create any warranty or condition not expressly stated in this agreement.
If the Widgets or any data, content, or services provided by ML proves defective or unsuitable in any way, you assume the entire cost of repair or injury of any kind, even if ML has been advised of the possibility of a defect or damages as may be allowed by specific legal jurisdictions.
Representations and Warranties
You represent and warrant that (i) you have all the rights, power and authority (including without limitation all required third party licenses or permissions) to engage in the activity contemplated by these Terms and Conditions; (ii) the site where you incorporate the Widgets will not contain material which is unlawful, obscene, harmful, threatening, harassing, defamatory or hateful, that invades the privacy of any third party or violates any third party’s intellectual property rights or is otherwise objectionable in the opinion of ML; and (iii) you are responsible for all activity related to or content provided on your site, and ML disclaims any and all liability relating thereto.
You agree to defend, indemnify and hold ML and its officers, directors, and employees harmless from any loss, liability, costs or expenses, including reasonable attorneys' fees, arising from or incurred as a result of (i) any third party claims, to the extent that such claims relate to or are based on your breach of these Terms and Conditions; (ii) your embedding, posting or use of any Widget; and (iii) your site and any claim that it or any content therein infringes any third party’s intellectual property rights.
Limitation of Liability
IN NO EVENT WILL ML BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE USE OR DISTRIBUTION OF A WIDGET, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT ML HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. SOME JURISDICTIONS MAY NOT ALLOW LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS RESTRICTION MAY NOT APPLY TO YOU.
These Terms and Conditions remain in force for as long as the Widgets are used by you. You may terminate these Terms and Conditions by discontinuing use of all Widgets and by destroying all your copies thereof. These Terms and Conditions terminate automatically if (i) you violate any term hereof; or (ii) ML publicly posts a written notice of termination on Mortgageloan.com; or (iii) ML sends a written (including email or text message) notice of termination to you directly.
Any notice or other communications to be given under these Terms and Conditions will be in writing and given (a) by ML via email (in each case to the address that you provide); or (b) posted on a page of the ML website located at https://www.mortgageloan.com/ or (c) by you via the contact forms provided on https://www.mortgageloan.com/ or such addresses ML may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
The failure by either party to enforce any of the provisions of these Terms and Conditions will not constitute a waiver of future enforcement of that or any other terms.
If any provision contained in these Terms and Conditions is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible and the other provisions will remain in full force and effect.
Revisions and Amendments
ML may revise and update these Terms and Conditions at any time. Your continued usage of the Widgets will mean you accept those changes.
This Agreement will be governed by and construed in accordance with the laws of the State of Florida, without regard to or application of conflicts of law rules or principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply.