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mortgage-toolkit.com
September 8, 2010
 Terms of Sale     
Terms of Sale Agreement
  1. General Rules and Definitions
    1. If you choose to purchase a subscription to the mortgage-toolkit.com Web Service (the "Service"), you will be agreeing to abide by all of the terms and conditions of this Terms of Sale Agreement (the "Agreement") between you and andre denis noel inc. ("mortgage-toolkit.com"). Additionally, you will be agreeing to the Web Site Terms & Conditions, Privacy Statement and EULA, copies of which are posted on the Service.
    2. mortgage-toolkit.com hereby grants you a limited license to copy and use the materials, features, and services provided on the Service (collectively the "Materials") solely for your personal, non-commercial use, subject to this Agreement. You may not sell any of the Materials. The design and layout of the Service are specifically excluded from the Materials. No other use of the Service or Materials is authorized. You agree that any copy of the Materials (or any portion of the Materials) that you make shall retain all copyright and other proprietary notices contained herein or therein. Framing of the Service or Materials or posting of Materials on other Web Sites is strictly prohibited.
    3. The products, technology, and/or processes described and/or used on the Service is the subject of intellectual property rights reserved by mortgage-toolkit.com or other third parties. Except for the limited license granted above, nothing contained herein shall be construed or interpreted as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of mortgage-toolkit.com or any third party.
    4. mortgage-toolkit.com may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Service, or send them to you via e-mail. Your continued use of the Service constitutes your acceptance of any such change to the terms of this Agreement.
    5. mortgage-toolkit.com may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature or content. mortgage-toolkit.com may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
  2. Use of Service and Content
    1. The contents of the Service are intended for your personal, noncommercial use. All materials published on the Service (including, but not limited to photographs, graphics, images, illustrations, sound clips and animation, also known as the "Content") are protected by Federal and International Copyright Law, and owned or controlled by mortgage-toolkit.com or its affiliates, or the party credited as the provider of the Content. You shall abide by any and all additional copyright restrictions contained in any and all Content accessed through the Service.
    2. All of the Materials and Content available on the Service are protected by copyright pursuant to U.S. and International copyright laws. Federal Laws provide for the severe civil and criminal penalties for unauthorized utilization of this Materials and Content and you may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except for as otherwise expressly provided for in this Agreement), create new works from, distribute, perform, display, or in any way exploit, any of the Materials or Content or the Service in whole or in part.
  3. Access and Availability of Service and Links
    1. mortgage-toolkit.com feature on the Service, in its newsletters, or in its e-mail communications to you links to third-party web sites. These may appear in the form of text links, advertisements, banners, buttons, or otherwise. THE GOODS AND SERVICES AVAILABLE THROUGH THESE LINKS ARE OFFERED BY INDEPENDENT COMPANIES, WHICH ARE NOT AFFILIATED IN ANY WAY WITH MORTGAGE-TOOLKIT.COM, OR ITS AFFILIATES. MORTGAGE-TOOLKIT.COM MAKES NO REPRESENTATIONS AS TO THE QUALITY, FITNESS, WORKMANSHIP, VALUE, APPROPRIATENESS, OR RELIABILITY OF THE MERCHANDISE AVAILABLE OR THE SOLVENCY OR FINANCIAL VIABILITY OF ANY ADVERTISER. MORTGAGE-TOOLKIT.COM WILL NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR AS A RESULT OF TRANSACTIONS WITH ANY MORTGAGE-TOOLKIT.COM ADVERTISER. USERS ARE ADVISED TO USE DISCRETION IN SELECTING COMPANIES WITH WHOM THEY DO BUSINESS ONLINE.
    2. There may be circumstances where access to the Service is provided by a link located at another Web site. Neither mortgage-toolkit.com nor its affiliates or assignees makes any representations or give any warranties with respect to any information contained in or at these other sites and neither mortgage-toolkit.com nor its affiliates or assignees shall be liable for any damages or injury arising from the content of these other or any sites. Neither mortgage-toolkit.com nor its affiliates or assignees endorses the individuals, companies, or other similar entities, or any products or materials associated with such individuals, companies, or other similar entities, that provide a link to the Service.
  4. Representations and Warranties: Neither mortgage-toolkit.com nor its affiliates represent or endorse the accuracy or reliability of any opinion, statement, or other information displayed or distributed through the Service by any users, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, statement or other information shall be at your sole risk.
  5. Registration and Security
    1. In order to establish an account to use the Service, subscriber registration is done mechanically during the payment process. mortgage-toolkit.com captures the following information from the third party electronic payment processor; first name, last name, email address, subscription begin and end dates, password. This data constitutes a record. All records are permanently deleted at subscription end date. mortgage-toolkit.com uses the email address as login ID and the password is sent electronically to subscriber after successful payment. mortgage-toolkit.com does not advise of subscription end date. You may not (a) use an account of another person with the intent to impersonate that person; or (b) use an account to which another person has rights to utilize without such person's authorization. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account and any other remedies warranted by law. You shall be responsible for maintaining the confidentiality of your password.
    2. You shall notify mortgage-toolkit.com of any and all known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.
    3. You must be 18 years or older to subscribe to the Service. You may share your password, subject to the provisions of Section 5 – d below.
    4. You are responsible for any and all usage or activity on your account, including the use of the account by any third party authorized by you to use your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at the sole and absolute discretion of mortgage-toolkit.com
  6. Fees and Payments
    1. In order to become a Subscriber, you must pay a subscription fee. You may pay for your subscription by a third party electronic payment processor.
    2. In order to become a Subscriber, please use our online application procedure. Your subscription will be activated as soon as we receive payment from the third party electronic payment processor, which, in some circumstances, may take as long as 5 business days
    3. All sales are final, we will send all invoices by e-mail only
    4. After the third party electronic payment processor has confirmed your payment you will receive an order confirmation email from us within 5 business days that also contains a link to access the subscribers only section of mortgage-toolkit.com.
    5. You will be responsible for any applicable taxes required to be withheld at the source. Prices do not include any excise, sales, transfer, use, value-added or like taxes, or any other duties, tariffs, assessments or government impositions of any nature whatsoever which are levied or based upon the payments made by you to us ("Taxes"). We will add such Taxes to the price where legally required, and you will reimburse us for such Taxes in accordance with the payment terms
  7. Communications between mortgage-toolkit.com and Subscribers
    1. mortgage-toolkit.com reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service.
    2. MORTGAGE-TOOLKIT.COM WILL NOT DISCLOSE INFORMATION ABOUT YOUR USAGE AND DEMOGRAPHICS. For more information please read the privacy statement of mortgage-toolkit.com on the Web.
    3. We do not offer telephone technical support. If you have a technical problem, contact us at support@mortgage-toolkit.com
  8. Software Licenses: All information and software provided through the Service is and shall remain the sole and exclusive property of mortgage-toolkit.com, its assignees or its affiliates. You shall not publish, broadcast, retransmit, or otherwise in any way reproduce the information or software in any medium, except that you may transmit personalized messages by electronic mail for personal and noncommercial purposes.
  9. Termination: Breach of any of the terms of this Agreement constitutes a termination of the Agreement. Any and all amounts due under this Agreement shall survive the Term of this Agreement. No refunds will be issued for early Termination.
  10. Limitation of Liability
    1. THE MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THE SERVICE ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MATERIALS, INFORMATION, OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DATA, TEXT, IMAGES, SOUNDS, OR COMPUTER PROGRAMS (INCLUDING COLLECTIONS AND COMPILATIONS OF THEM)) OR AGAINST AND ALL INFRINGEMENT(S). THE MATERIALS AVAILABLE ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.
    2. NEITHER MORTGAGE-TOOLKIT.COM NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, ASSIGNEES OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE SITE, EVEN IF MORTGAGE-TOOLKIT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS' FEES). IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT MORTGAGE-TOOLKIT.COM AND ITS ASSIGNEES AND AFFILIATES' AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT PAID PURSUANT TO THE TERMS OF THIS AGREEMENT
    3. NEITHER MORTGAGE-TOOLKIT.COM NOR ITS AFFILIATES TAKES ANY RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY CONTENT UPLOADED OR OTHERWISE TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY YOU MAY ENCOUNTER IN USING THE SITE. YOU HEREBY AGREE TO HOLD HARMLESS MORTGAGE-TOOLKIT.COM, ITS ASSIGNEES AND ITS AFFILIATES AND PARTIES WITH WHOM MORTGAGE-TOOLKIT.COM HAS CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THIS SITE FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY YOU ON THIS SITE.
  11. Interpretation of Law: This Agreement, and the respective rights and obligations of the parties hereto, shall be governed by and construed in accordance with the laws of the State of New Mexico. The parties hereby agree that any dispute under this Terms of Sale shall have its forum in the state or federal courts located in Bernalillo County, New Mexico, in the United States of America, and the parties hereby consent to personal jurisdiction therein and expressly waive any defenses to personal jurisdiction, including forum non conveniens.
  12. CONTACTING THE WEB SITE:If you have any questions about these terms, the practices of our company, or your dealings with our company, you can contact support@mortgage-toolkit.com

ADDITIONAL SEPARATE AND INCLUSIVE AGREEMENTS:

  • "Web Site Terms & Conditions" for mortgage-toolkit.com
  • "Privacy Statement" for mortgage-toolkit.com
  • “EULA - Mortgage Wizard and Dashboards” for mortgage-toolkit.com
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