guide2mortgage.com

Terms of Service

The following are the terms and conditions for your use of the guide2mortgage.com^SM LC ("guide2mortgage") subscriber service, including, without limitation, news, lender profiles and any other data supplied by guide2mortgage either directly by guide2mortgage or through any third-party services which may be offered from time to time for use with your subscriber account login username and password (each feature individually and collectively shall be referred to herein as the "Service"). Please read the terms and conditions carefully.

The Service is offered to you on the express condition of your acceptance, without modification, of the terms, conditions, and notices contained herein. By subscribing to the Service or otherwise using the Service you are deemed to have accepted the terms, conditions, and notices contained herein.

1. SUBSCRIBER ACCOUNT AND PASSWORD
To open a subscriber account, you must complete the registration process by providing us with current, complete and accurate information requested in the Subscription Form. You must choose a password. You will be assigned a username. You are entirely responsible for maintaining the confidentiality of your password and username. You agree to notify guide2mortgage immediately of any unauthorized use of your account or any other breach of security.

2. MEMBER CONDUCT
As an express condition to your use of the Service, you covenant and warrant to guide2mortgage that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The Service is provided to individuals only and for your personal use or your business use. Any unauthorized commercial use of the Service, or the resale of its services, is expressly prohibited.

You agree to abide by all applicable Local, State, Federal and International laws, rules, regulations and treatises and you are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree not to:

Use the Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law, unless you own or control the rights thereto or have received all necessary consents;
Interfere with another Subscriber's use and enjoyment of the Service or another individual's or entity's use and enjoyment of similar services.

guide2mortgage has no obligation to monitor the Service or any other user's use thereof, or retain the content of any user session. However, guide2mortgage reserves the right at all times to monitor, review, retain and/or disclose any information required to satisfy or comply with any applicable law, regulation, legal process or governmental request.

3. LINKS TO THIRD PARTY SITES
The links included within the Service may permit you to leave the Service web sites (said sites outside the Service are referred to as "Linked Sites"). You understand that the Linked Sites are not under the control or supervision of guide2mortgage and guide2mortgage is not responsible, and makes no representation for the contents of any Linked Site, or any link contained in a Linked Site, or any changes or updates to such sites. Guide2mortgage is not responsible for web casting or any other form of transmission received from any Linked Site.

4. TERMINATION
You hereby agree that guide2mortgage may terminate your access to the Service, or any part thereof, and any related service(s), at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever.

5. DISCLAIMERS/LIMITATION OF LIABILITY
The information and services included in or available through the Service may include inaccuracies or typographical errors. guide2mortgage expressly disclaims and rejects any representation or warranty that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available, are free from viruses or other harmful components. guide2mortgage makes no representation or warranty that the use or the results of the use of the Service, or the materials made available in connection with the Service, will be correct, accurate, timely, or otherwise reliable. You specifically agree that guide2mortgage shall not be responsible for unauthorized access to, or alteration of, your data, any material or data sent or received, or not sent or received, or any transactions entered into by you through the Service. You specifically agree that guide2mortgage is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that guide2mortgage is not responsible, and you indemnify and hold guide2mortgage harmless, for any content sent using and/or included in the Service by any third party. EVERYTHING PROVIDED BY THE SERVICE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED AND GUIDE2MORTGAGE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL GUIDE2MORTGAGE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE OR RELATED WEB SITES, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED WEB SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GUIDE2MORTGAGE OR ANY OF ITS SUPPLIERS HAS BEEN NOTIFIED 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. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEB SITES.

6. INDEMNIFICATION
You agree to indemnify and hold guide2mortgage, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, damages, losses, judgments, demands, fees, expenses, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Service.

7. SPAMMING PROHIBITED
guide2mortgage reserves the right to immediately terminate any account, which it believes, in its sole unfettered discretion, may be transmitting or otherwise connected with any spam or other unsolicited bulk email. In addition, because actual damages arising from such unauthorized use may be difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay guide2mortgage liquidated damages of $10 for each article of spam or unsolicited bulk email transmitted from or otherwise connected with your account.

8. PARTICIPATION WITH THIRD PARTIES
Any dealings with Advertisers on the Service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the Advertiser or other third party. guide2mortgage shall not be responsible or liable for any part of any such dealings or promotions and you indemnify and hold guide2mortgage harmless from any claims, damages, judgments, demands, including reasonable attorneys fees, arising from such dealings.

9. PROPRIETARY RIGHTS TO CONTENT
You acknowledge that content, including, but not limited to, text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to you by the Service, by guide2mortgage, or guide2mortgage's Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws, and all such rights are expressly reserved herein. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service and its associated Web sites, including code and software.

10. MODIFICATIONS TO TERMS OF SERVICE
guide2mortgage reserves the right to change the TOS or policies regarding the use of the Service at any time and to notify you by posting an updated version of the TOS on this Web site. You are responsible for and agree to frequently review the TOS at least once every calendar month or more frequently if appropriate. Continued use of the Service after any such changes shall constitute your consent to such changes.

11. MISCELLANEOUS
The laws of the State of Maryland, and the United States of America govern this agreement. In the event any litigation arises in any way relating to this agreement or the Service, you and guide2mortgage agree to litigate such controversy in either the General District Court for Talbot County, Maryland; the Circuit Court for Talbot County, Maryland; or the United States District Court for the District of Maryland, any of which courts are stipulated as a good, proper, and convenient forum for the litigation of disputes. In providing the Service, guide2mortgage intends that it is conducting its business in Talbot County, Maryland. Guide2mortgage conducts business in and from Talbot County, Maryland only and is not purposefully availing itself of any other county or state whatsoever for the conduct of its business. You agree that no joint venture, partnership, employment, or agency relationship exists between you and guide2mortgage as a result of this agreement or use of the Service. Guide2mortgage's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of guide2mortgage's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by guide2mortgage with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in full force and effect. Unless otherwise specified herein, this agreement and its referenced documents constitutes the entire agreement between the user and guide2mortgage with respect to the Service (excluding the use of any software which may be subject to an end-user license agreement) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and guide2mortgage with respect to the Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

12. INTELLECTUAL PROPERTY RIGHTS
All contents of the Service are: Copyright (c) 2000-2002 guide2mortgage.com L.C., 10 W. Dover Street, Easton, Maryland, U.S.A. All rights reserved. guide2mortgage.com Email and/or other guide2mortgage.com L.C. products and services referenced herein are either service marks, trademarks or registered service marks or trademarks of guide2mortgage.com L.C., a Maryland limited liability company.

Any rights not expressly granted herein are reserved.