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Terms of Use

HomeLegalTerms of Use
Overview
Last updated: September 23, 2018

Welcome to MortgageCS. We’re thrilled to have you use our Service, which is a technology platform designed to enable professional advisors and their customers and prospects or consumers directly, collect mortgage loan information and quotes from loan officers.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY ARE IMPORTANT, AS THEY CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND US.

These Terms of Service (“Terms”) govern your (in which “your” and “you” will refer to you, your company or business) access to and use of the websites, content, mobile applications and services (collectively, the “Service”) of Rates For Us, LLC doing business as MortgageCS (“MortgageCS”, “Company”, “we”, “our”, or “us”). By using our Service, clicking a box indicating your acceptance, or entering into an ordering document with us, you are agreeing to be bound by these Terms. If you are entering into these Terms on behalf of a company or business, you represent that you have the authority to bind such entity (and, if applicable) its affiliates to these Terms. If you do not agree to be bound by these Terms, then you must not use the Service.

Section 1
Permitted Uses of the Service

  • The information and materials made available through the Service are intended to enable consumers or professional advisors and those their invited customers and prospects to obtain mortgage offers (also referred to as “quotes”), learn about mortgage loans through articles and other content, and gain insights into movements of mortgage rates. We offer our Services to the following categories of users: (i) consumer customers or prospective consumer customers (“Consumers”) of a “Professional” (where a “Professional” is a realtor, financial advisor, attorney, accountant or similar professional in an advisory role), where the customer is interested in seeking information and quotes for a potential real estate mortgage loan; (ii) professionals who are in the business of advising customers regarding financial matters that may involve real estate mortgage loans and facilitating or originating requests for quotes from mortgage loan officers; (iii) real estate mortgage loan officers (“Loan Officers”), and (iv) solo consumers (“Solo Consumers”) using our site with no Professional relationship or affiliation. Your rights of use are dependent on your category of user. As applicable, you may use our Service solely for your own benefit and for the purposes for which the Service was designed to be used by your category of user. Except as with respect to the particular rights of use and associated restrictions as described in this Section 1 and as otherwise expressly set forth in these Terms, these Terms shall apply to all categories of users.
    • Consumers
      • The terms of this Section 1(A) apply to Consumers and, accordingly, as used herein, the terms “you” or “your” refer only to Consumers.
      • The Service facilitates your collection of various categories of mortgage loan information, including mortgage loan quotes from participating Loan Officers. You may only access the Service by an invitation from a Professional which is assisting you in such shopping for a quote for a potential mortgage loan. Accordingly, you must be authorized by a Professional in order for you to access and use the Service. At your discretion, you may also grant access to your account to other Professionals in addition to the inviting Professional (for example, your inviting Professional may be your financial advisor and you may choose to also grant access to your attorney and/or accountant). The Service is made available in this manner at no charge to you. However, by accepting an invitation from a Professional and creating an account, you recognize and agree that the inviting Professional, and any other Professionals to whom you grant access, will have full and unrestricted access to all of your Account Data. Your Account Data is all data and information which is entered or uploaded into the Service by you or on your behalf, as well as all data and information related to you which is generated, processed, or otherwise maintained by the Service (“Account Data”).
      • You agree that, through the use of our Service, Professionals are authorized to submit quote requests on your behalf to Loan Officers, which quote requests may include information and content which you have submitted for this purpose. You consent to the submission of such requests, and the associated disclosure of your information and content, by your Professionals. You may also submit quote requests to Loan Officers, but your Professional(s) will automatically be included on all such requests. The Service is designed so that your individual contact details (name and contact information) would only be authorized for release to Loan Officers with your consent. However, you recognize and agree that a Professional could provide your contact details to Loan Officers and that such conduct is outside of our control. If you prefer to communicate with a Loan Officer on an anonymous basis, you should communicate that preference to your Professional and direct such Professional to only communicate with the Loan Officer on your behalf in an anonymous fashion via the messaging services on the Site. Since we cannot reasonably control the use of your contact information or other Account Data by a Professional, you agree that we are not responsible or liable with regard to any Professional’s use or disclosure of your contact information or any other Account Data.
      • You may revoke a Professional’s access to your account at any time, but you must remain associated with at least one Professional in order to continue to have rights of use in the Service. Otherwise, your rights of use shall automatically terminate. You may request to have your account and Account Data purged from the Service at any time by emailing hello@mortgagecs.com, and we will delete all such information as soon as reasonably practicable thereafter. Such request will be treated as a termination of your rights of use in the Service. A Professional can elect to remove you, and your Account Data, from the Service at any time and, upon such election, your access to, and use of, the Service will immediately terminate without notice. It is your sole responsibility to determine whether and for how long to allow any Professional to access your Account Data.
      • You may only use the Service: (i) through a Professional; (ii) for your own personal use; and (iii) for the purpose of collecting information about, evaluating or shopping for mortgage quotes for you as contemplated in these Terms. Except as expressly authorized by these Terms, you may not disclose, distribute, resell or otherwise use the Service to, or for the benefit of, any third party.
      • You recognize and agree that MortgageCS is not the only place that you can shop for quotes for a mortgage loan and you are free, separate and apart from your use of the Service, to utilize other available tools, methods, and resources to do so.
      • We generally do not provide any advice or recommendations to you, but instead, we make available a Service through which you can obtain mortgage loan information available via the Service and work with Professionals and Loan Officers to retrieve certain additional information and quotes for your consideration. If you contact us and request our opinion on certain mortgage loan programs or other matters, we may offer our opinion for informational purpose, but you are solely responsible for any decision you make, and any results achieved (or not achieved), with respect to the matter for which you asked our opinion. We are not responsible or liable for any recommendations or advice provided to you by us, a Loan Officer, a Professional or anyone else. You are solely responsible and liable for the decisions made and results achieved with respect to any advice, recommendations, information or materials which are provided to you by Professionals, Loan Officers, us or anyone else.
      • We retain the right to discontinue offering the Service to you or terminate your use of the Service at any time, with or without notice, for any reason or no reason.
      • At your request, we will use reasonable efforts to make your Account Data available for retrieval by you for a period of thirty (30) days after termination of your rights of use to the Service. Depending on the amount of data then stored in our Service, we reserve the right to charge additional, then-current fees for our efforts in making your data available for retrieval by you. In addition, we may extend the period for retrieval in our discretion if we determine that the work effort warrants the extension. After such 30-day (or longer, if we extend) period, we may delete your Account Data and associated information.
    • Professionals
      • The terms of this Section 1(B) apply to Professionals and, accordingly, as used herein, the terms “you” or “your” refer only to Professionals.
      • During the Term, we will provide you with a subscription to access and use the Service in accordance with these Terms. You shall evidence your purchase of a subscription to use the Service in an initial, and any subsequent, order forms submitted online or in written form (the “Order Form”) specifying, among other things, the applicable fees (or a reference to our then-current applicable subscription fees for Professionals) and the initial term of your subscription as agreed to by us and you. The initial term of your subscription (which may also be referred to as the start date) shall extend for the initial subscription term specified in the Order Form, unless terminated earlier in accordance with these Terms. If not so specified in the Order Form, then you hereby agree that the initial term of your subscription shall be one (1) year and the applicable subscription fees shall be the then-current subscription fees made available on our website for your applicable category of Professionals. Your subscription will automatically renew for successive one (1) year periods after the expiration of the initial term and after the expiration of any renewal term unless either party provides at least thirty (30) days written notice prior to the expiration of the initial term or renewal term (as applicable). In addition, you will have the right to cancel the Service (through a “cancel” button or similar mechanism on our website or within the Service) effective at the end of any month, provided that you cancel the Service by 5:00 p.m. Eastern Time on the last day of such month. Unless otherwise specified in the applicable Order Form, fees for renewal terms will be equal to our then-current subscription fees, which will be posted on our website or within the Service or will otherwise be made available for you to view. The initial term, and all renewal terms, shall be referred to as the “Term” of your subscription.
      • If we agree in the Order Form, we will make the Service available to you on a trial basis free of charge until the earlier of (a) the fourteenth day after your acceptance of these Terms, or (b) the start date set forth in any Order Form (the “Trial Period”). Additional trial terms and conditions may appear on the Order Form or trial registration web page. Any such additional terms and conditions are incorporated into these Terms by reference and are legally binding. Notwithstanding anything to the contrary in these Terms, during the Trial Period, the Services are provided “AS-IS” and “AS-AVAILABLE” without any warranties or indemnities and without any recourse to liability against us.
      • All subscription fees and other charges shall be due and payable by you as specified in the Order Form or in the online subscription process. If not so specified, subscription fees shall be due in full in advance of the initial term and in advance of each renewal term. If we provide you with any professional services, then the fees for such professional services shall be billed on a monthly basis in arrears at then-current rates or at such other rates which are agreed to in writing by the parties. All fees and charges due throughout the Term are committed amounts and, all payment obligations are non-cancellable and all amounts paid are non-refundable. We reserve the right to charge you a late fee for payments which are past-due, which will be calculated at 1% per month or at the highest rate permitted by applicable law. In addition to additional available remedies, we may also elect to suspend your access to the Service in the event that any fee or charge remains unpaid for a period of one (1) day following its due date. Prices do not include taxes and you are responsible for paying all taxes in connection with the Services or associated fees (except for taxes based on our net income or capital stock).
      • You may use the Service solely in support of your internal advisory business for the purposes of collecting various categories of information made available via the Service, and submitting requests to Loan Officers for mortgage quotes, for your clients (i.e., each your Consumer) as contemplated in these Terms. The Service does not dictate which Loan Officers the quote requests are to be submitted. The Service may also allow you to designate “preselected” status for certain Loan Officers (with options as described within the Service), but the default setting will be that no Loan Officers are given any special status. You are solely responsible for informing your Consumers if you designate certain Loan Officers as preselected. Instead, you agree to collaborate with your Consumers to determine the available Loan Officers to whom quote requests will be made. Except as expressly authorized in these Terms, you may not disclose, distribute, resell or otherwise use the Service to, or for the benefit of, any third party (including, without limitation, to or for other professional advisors or consultants, whether they are colleagues, co-workers, business partners, office mates or otherwise).
      • In addition to your other responsibilities and obligations pursuant to these Terms, you also agree to assume the following responsibilities, obligations, and liabilities:
        • You are solely responsible and liable for the advice and/or recommendations that you provide to your Consumers, the results (or lack thereof) that they achieve as a result of acting on your advice and/or recommendations, and for your use of the Service on their behalf;
        • In connection with your use of the Service, your interaction with Consumers and Loan Officers, and the conduct of your business in general: you are responsible to fully comply with: (i) all applicable state, federal and local laws, regulations, orders, ordinances, and other directives, and (ii) all industry guidelines, standards and best practices; You shall notify us immediately upon learning of any non-compliance related to your use of the Service;
        • You are solely responsible for protecting the confidentiality of your username, password and any other login credentials (“Login Information”) associated with your use of the Service. You shall be solely responsible for all activities that occur under your Login Information. You shall notify us immediately of any unauthorized loss or use of any Login Information or any other breach of security with respect to your use of the Service.
        • You agree to maintain the privacy and confidentiality of all Consumer data (including Account Data) which you are given access to by the Consumer or through the use of the Service.
        • You agree to maintain profile information that is accurate and up to date;
      • Either party may terminate the Service, and these Terms, if the other party breaches any material provision of this Agreement and fails, within thirty (30) days after receipt of written notice of such breach, to either correct the breach of comment corrective action that is reasonably acceptable to the aggrieved party. Notwithstanding the above, we may terminate the Service immediately in accordance with Section 3 (such as for your misconduct) or other provisions of these Terms. Upon termination, you shall cease use of the Service and return all of our materials, information, and document, and you shall remain obligated to any unpaid payments which become due prior to termination and are due for all periods prior to termination.
      • We generally do not provide any advice or recommendations to you, but instead, we solely make available a Service through which you can obtain mortgage loan information available via the Service and work with Loan Officers to retrieve certain additional information and quotes for your Consumers. If you contact us and request our opinion on certain mortgage loan programs or other matters, we may offer our opinion for informational purposes, but you are responsible for any advice you provide to your Consumers and for any decision you make, and results achieved (or not achieved), regarding the matter for which you asked for our opinion, We are not responsible or liable for any recommendations or advice provided to you by us, a Loan Officer or anyone else. You are solely responsible and liable for any decisions made and results achieved (or not achieved) with respect to any advice, recommendations, information or materials which: (a) you provide to Consumers, Loan Officers or anyone else; and (b) are provided to you by us or anyone else.
      • At your request, we will use reasonable efforts to make any data of yours which is then stored in the Service available for retrieval by you for a period of thirty (30) days after termination of your rights of use to the Service. Depending on the amount of data then stored in our Service, we reserve the right to charge additional, then-current fees for our efforts in making your data available for retrieval by you. In addition, we may extend the period for retrieval in our discretion if we determine that the work effort warrants the extension. After such 30-day (or longer, if we elect to extend) period, we may delete your data and associated account information.
    • Loan Officers
      • The terms of this Section 1(C) apply to Loan Officers and, accordingly, as used herein, the terms “you” or “your” refer only to Loan Officers.
      • During the Term, we will provide you with a right to access and use the Service in accordance with these Terms. You agree to access and use the Service during the Term by promptly responding to mortgage loan quote requests from Professionals and their Consumers or Solo Consumers with complete and accurate quotes and associated information (your agreement to use the Service may be referred to herein as your “participation”). You shall evidence your agreement to use the Service in an initial, and any subsequent, order forms submitted online or in written form (the “Order Form”) specifying, among other things, the applicable per-lead and upfront fees (or referencing our then-current applicable fees for Loan Officers) and the initial term of your participation as agreed to by us and you. The initial term of your participation (which may also be referred to as the start date) shall extend for the initial participation term specified in the Order Form, unless terminated earlier in accordance with these Terms. If not so specified in the Order Form, then you hereby agree that the initial term of your participation shall be one (1) year and the applicable fees shall be the then-current per-lead or other fees made available on our website for Loan Officers. Your participation will automatically renew for successive one (1) year periods after the expiration of the initial term and after the expiration of any renewal term unless either party provides at least thirty (30) days written notice prior to the expiration of the initial term or renewal term (as applicable). Unless otherwise specified in the applicable Order Form, fees for renewal terms will be equal to the fees in effect for the prior term, unless we have given you at least seven (7) days notice of a fee increase prior to the commencement of a renewal term, which fee increase will be effective upon renewal. The initial term, and all renewal terms shall be referred to as the “Term” of your participation.
      • All fees and other charges shall be due and payable by you as specified in the Order Form or in the online subscription process. Fees which are in the nature of an “upfront” fee or “deposit” (a “Deposit”) shall be due and payable upon the start date of your participation in the Service. If not so specified, per-lead fees shall be due monthly in arrears. We will apply funds from your Deposit against per-lead or other fees due hereunder until the Deposit is exhausted or if monthly fees are unretrievable from a credit card on file. If we provide you with any professional services, then the fees for such professional services shall be billed on a monthly basis in arrears at then-current rates or at such other rates which are agreed to in writing by the parties. All fees and charges due throughout the Term are committed amounts and, all payment obligations are non-cancellable and all amounts paid (including deposits or upfront fees) are non-refundable. We reserve the right to charge you a late fee for payments which are past-due, which will be calculated at 1% per month or at the highest rate permitted by applicable law. In addition to additional available remedies, we may also elect to suspend your access to the Service in the event that any fee or charge remains unpaid for a period of five (5) days following its due date. Prices do not include taxes and you are responsible for paying all taxes in connection with the Services or associated fees (except for taxes based on our net income or capital stock).
      • You may use the Service solely in support of your internal business operations for the purpose of providing mortgage loan quotes to Professionals and their Consumers or Solo Consumers as contemplated in these Terms. You recognize and agree that there are no minimum commitments or guarantees that any quotes or other information will be requested from you. You may participate in the Service and receive no requests and you agree that we shall have no liability in connection therewith. Except as expressly authorized in these Terms, you may not disclose, distribute, resell or otherwise use the Service to, or for the benefit of, any third party (including, without limitation, to or for other Loan Officers, whether they are colleagues, co-workers, business partners, office mates or otherwise).
      • In addition to your other responsibilities and obligations pursuant to these Terms, you also agree to assume the following responsibilities, obligations, and liabilities:
        • In connection with your use of the Service, your interaction with Solo Consumers, Consumers and Professionals, and the conduct of your business in general: you are responsible to fully comply with: (i) all applicable state, federal and local laws, regulations, orders, ordinances, and other directives, and (ii) all industry guidelines, standards and best practices; You shall notify us immediately upon learning of any non-compliance related to your use of the Service;
        • You will only offer rates that are legitimately available at the time in question and are based upon the information received by you and in accordance with state and federal licensing regulations;
        • You are solely responsible for protecting the confidentiality of your username, password and any other login credentials (“Login Information”) associated with your use of the Service. You shall be solely responsible for all activities that occur under your Login Information. You shall notify us immediately of any unauthorized loss or use of any Login Information or any other breach of security with respect to your use of the Service.
        • You agree to maintain the privacy and confidentiality of all Consumer data and other information provided to you in connection with a request for a quote or to which you are given access by the Consumer or Professional, or through the use of the Service.
        • You agree to maintain profile information that is accurate and up to date;
      • Either party may terminate the Service, and these Terms, if the other party breaches any material provision of this Agreement and fails, within thirty (30) days after receipt of written notice of such breach, to either correct the breach of comment corrective action that is reasonably acceptable to the aggrieved party. Notwithstanding the above, we may terminate the Service immediately in accordance with Section 3 (such as for your misconduct) or other provisions of these Terms. Upon termination, you shall cease use of the Service and return all of our materials, information, and document, and you shall remain obligated to any unpaid payments which become due prior to termination and are due for all periods prior to termination.
      • We do not provide any advice or recommendations to you, but instead we solely make available a Service through which you can work with Professionals and Consumers or Solo Consumers to provide certain mortgage loan information and quotes. We are not responsible or liable for any recommendations or advice provided to you by a Professional or anyone else. You are solely responsible and liable for any decisions made and results achieved (or not achieved) with respect to any advice, recommendations or other information or materials which you provide to Consumers, Professionals, Solo Consumers or anyone else.
      • At your request, we will use reasonable efforts to make data of yours which is then stored in the Service available for retrieval by you for a period of thirty (30) days after termination of your rights of use to the Service. Depending on the amount of data then stored in our Service, we reserve the right to charge additional, then-current fees for our efforts in making your data available for retrieval by you. In addition, we may extend the period for retrieval in our discretion if we determine that the work effort warrants the extension. After such 30-day (or longer, if we elect to extend) period, we may delete your data and associated account information.
  • Solo Consumers
    • The terms of this Section 1(D) apply to Solo Consumers and, accordingly, as used herein, the terms “you” or “your” refer only to Solo Consumers.
    • The Service facilitates your collection of various categories of mortgage loan information, including mortgage loan quotes from participating Loan Officers. You may access the Service using an internet connection in order to obtain assistance or for the purpose of shopping quotes for a potential mortgage loan. At your discretion, you may also grant access to your account to other Professionals. The Service is made available in this manner at no charge to you. However, by accessing the service you recognize and agree that any associated Professional, and any other Professionals to whom you grant access, will have full and unrestricted access to all of your Account Data. Your Account Data is all data and information which is entered or uploaded into the Service by you or on your behalf, as well as all data and information related to you which is generated, processed, or otherwise maintained by the Service (“Account Data”).
    • You agree that, through the use of our Service that you may elect to submit quote requests on your own behalf or with the help of the Service to Loan Officers, which quote requests may include information and content which you have submitted for this purpose. You consent to the submission of such requests by your own actions or with the help of the Service after talking on the phone or using another communication device. The Service is designed so that your individual contact details (name and contact information) would only be authorized for release to Loan Officers with your consent. However, you recognize and agree that the Service may provide your contact details to Loan Officers and that such conduct is allowable if you authorize it verbally, or otherwise. If you prefer to communicate with a Loan Officer on an anonymous basis, you should communicate that preference and only communicate with the Loan Officer in an anonymous fashion via the messaging services on the Site. 
    • You may request to have your account and Account Data purged from the Service at any time by emailing hello@mortgagecs.com, and we will delete all such information as soon as reasonably practicable thereafter. Such request will be treated as a termination of your rights of use in the Service. 
    • You may only use the Service: (i) for your own personal use; and (ii) for the purpose of collecting information about, evaluating or shopping for mortgage quotes for you as contemplated in these Terms. Except as expressly authorized by these Terms, you may not disclose, distribute, resell or otherwise use the Service to, or for the benefit of, any third party.
    • You recognize and agree that MortgageCS is not the only place that you can shop for quotes for a mortgage loan and you are free, separate and apart from your use of the Service, to utilize other available tools, methods, and resources to do so.
    • We generally do not provide any advice or recommendations to you, but instead, we make available a Service through which you can obtain mortgage loan information available via the Service and work with Loan Officers to retrieve certain additional information and quotes for your consideration. If you contact us and request our opinion on certain mortgage loan programs or other matters, we may offer our opinion for informational purpose, but you are solely responsible for any decision you make, and any results achieved (or not achieved), with respect to the matter for which you asked our opinion. We are not responsible or liable for any recommendations or advice provided to you by us, a Loan Officer, a Professional or anyone else. You are solely responsible and liable for the decisions made and results achieved with respect to any advice, recommendations, information or materials which are provided to you by anyone.
    • We retain the right to discontinue offering the Service to you or terminate your use of the Service at any time, with or without notice, for any reason or no reason.
    • At your request, we will use reasonable efforts to make your Account Data available for retrieval by you for a period of thirty (30) days after termination of your rights of use to the Service. Depending on the amount of data then stored in our Service, we reserve the right to charge additional, then-current fees for our efforts in making your data available for retrieval by you. In addition, we may extend the period for retrieval in our discretion if we determine that the work effort warrants the extension. After such 30-day (or longer, if we extend) period, we may delete your Account Data and associated information.
Section 2
Content

  • All material, information, documents, articles, text, graphics, links, electronic art, audio, video, photos, and other data which are uploaded or otherwise made available within the Service are referred to collectively as “Content”. Any Content that you independently develop (or otherwise own) and upload or otherwise make available in the Service (“User Content”) is and remains your sole property or the property of your licensors. However, by uploading or otherwise making available any User Content: (i) you automatically grant, and/or warrant that the owner has granted, to us a perpetual royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, create derivative works of, publish, distribute, perform, display, commercialize, exploit and transmit the User Content in connection with our provision of the Service to our client base at large; and (ii) you automatically grant us, your Professionals and the associated Loan Officers the right to access, view, store and reproduce the User Content in connection with their use (or, in our case, our provision) of the Service. For clarity, except with respect to your User Content, any Content created or posted to the Service by us is owned in its entirety by MortgageCS. Account Data shall include your User Content.
  • You shall not reproduce, distribute, market, disclose, make available to third parties (including, without limitation, on your website or in a blog), commercialize or sell any Content which is made available by, through or otherwise in connection with the Service. All such Content is confidential and proprietary information of MortgageCS.
  • You acknowledge that by providing the ability to view and distribute User Content on the Service, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. However, we reserve the right to block or remove communications or materials that we determine to be unacceptable to us in our sole discretion.
Section 3
Prohibitions, Restrictions, and Modifications

  • Harassment in any manner or form on the Service, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including any employee of ours or a Professional or Loan Officer, or anyone else, is prohibited. You may not upload to, distribute, or otherwise publish through the Service any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of anyone, or which may otherwise give rise to liability or violate any law.
  • Unless otherwise expressly permitted in these Terms, without our prior written consent, you will not: (i) access or use any feature, function, area or part of the Service except those for which you have been granted express rights of use hereunder; (ii) permit any third-party to install, configure, access, use or copy all or any portion of the Service; (iii) modify, reverse engineer, decompile, disassemble, distribute, create derivative works based on, copy or otherwise exploit all or any portion of the Service except as expressly permitted by applicable law, rule or regulation; (iv) sell, sublicense, rent, lease, or otherwise transfer rights to all or any portion of the Service; (v) use the Service to operate in or as a time-sharing, outsourcing or service bureau environment or in any manner which supports or benefits a third party; (vi) obscure, remove or alter any intellectual property rights notices or markings on the Service; or (vii) use the Service in any manner which could (a) pose a security risk or cause us liability; (b) disable, overburden, damage, or impair the performance or operation of the computing environment on which the Services are hosted (including where such use interferes with anyone else’s use thereof).
  • In addition to our other rights and remedies hereunder, we may suspend your use of the immediately and without notice if you violate any of the prohibitions or restrictions described in this Section 4 or if we determine that you have acted inappropriately or have materially misused our Service in violation of these Terms.
  • We also retain the right to establish policies and limitations in connection with your use of the Service, including limits on CPU processing, disk space or transfer rate (i.e., bandwidth). Any use beyond these limits shall be considered excessive and we may prohibit you from exceeding the applicable limit and/or terminate your rights of use in the Service.
  • We retain the right, without liability, to modify the Service from time to time in our sole discretion, including by updating the features and functions of the Service or by releasing upgrades, bug fixes or similar changes or improvements. Due to the nature of a vendor-hosted technology environment, you agree to utilize the version of the Service which is then generally provided by us to our clients at large.
Section 4
Communications From Us

  • By creating your account, you have opted in to receive various types of support, marketing, and other communications from us, including (without limitation) by email, text, telephone, direct mail and/or platform engagement tools. You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security. You may opt-out at of promotional and marketing communications at any time by, as applicable to the communication: (a) for email, using the unsubscribe link provided in marketing and promotional email communications from us; or (b) managing your “marketing communications” setting within your account settings.
  • If you provide us with your mobile phone number, you must have a text messaging-enabled mobile device with a text messaging plan in order to receive text messages from us. We do not charge a separate fee for this service, but charges from your carrier for text, data or other usages may apply and you are responsible for all such charges.
Section 5
Changes to These Terms

  • We may, at any time, modify these Terms by revising them on our website: www.MortgageCS.com. You should therefore periodically visit this page to review the current Terms of Service. The changes will become effective and will be deemed accepted by you, (a) immediately for those who register for the Service after the updated version is published on our website, or (b) for those having pre-existing accounts, the updated Terms will be deemed effective with your continued use of the Service. You have rights to dispute an updated term which materially alters your rights or obligations (with exception to changes required by law) within five (5) business days from the date of the new Terms being published, upon written notification to: hello@mortgagecs.com. Please note: Your rights and access to the Service may be temporarily disrupted until such dispute is resolved between you and us. If we are unable to resolve the dispute within thirty (30) days of your written notification of dispute, the Service will be terminated. You may not modify these Terms except in a writing signed by Company.
Section 6
No Endorsement

  • Although the Service facilitates the provision of information regarding mortgages and loans, we do not in any way endorse or recommend any specific Professionals, Loan Officers, lenders or any of their products or services. We require Loan Officers to provide accurate information regarding such products; however, we have no direct involvement in their loan origination process. We will, as part of the “Service” elect to offer you loan programs from time to time that will be originated by us.  This will not, in any way, require you to select a loan program of any kind. Please notify us immediately, with details, if any information on the Service is inaccurate, incomplete or misleading with respect to any products or services of any Professional or Loan Officer.
Section 7
Privacy

  • Our Privacy Policy is incorporated and made part of these Terms. You hereby agree to such Privacy Policy. Any personal data (for example, your name, address, telephone number or e-mail address) that you transmit to the Service by electronic mail or otherwise will be used by us in accordance with the Privacy Policy. Any other communication or material you transmit to the Service, such as questions, comments, documents, materials, suggestions or the like, will be treated as non-confidential and non-proprietary.
Section 8
Disclaimer – Warranty

  • THE SERVICE, ITS CONTENT, MATERIALS, SERVICES AND PRODUCTS ACCESSED THROUGH OR ON THE SERVICE ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MORTGAGECS HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  • We do not represent or warrant that the Service, including the features and functions thereof and any Content or other information or data contained therein, will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server or software that makes the Service available are free of viruses or other harmful components. We do not make any warranties or representations regarding the use of the materials, information, quotes, messages, data or Content accessed via the Service (including when provided by Loan Officers and Professionals) in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. We do not make any warranties or representations regarding the security of your personal information. We do not make any warranties or representations regarding the availability or appropriateness of loans, and we are not offering to provide a quote, make a loan, broker a loan, or otherwise participate in the origination of a loan. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Section 9
Indemnification

  • You agree to indemnify, defend, and hold harmless MortgageCS, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms by you or any activity related to your account or any User Content (including negligent or wrongful conduct), or any other actions or omissions, by you or any damages caused by you or any other person accessing or using your account.
Section 10
Limitations of Liability

  • YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. NEITHER MORTGAGECS, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE OR ITS CONTENT, ARE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. THE AGGREGATE AND CUMULATIVE LIABILITY OF MORTGAGECS TO PROFESSIONALS AND LOAN OFFICERS FOR ANY ALL CLAIMS OR OTHER MATTERS ARISING OUT OF OR RELATED TO THE SERVICE OR THIS AGREEMENT SHALL APPLY SEPARATELY TO EACH PROFESSIONAL AND LOAN OFFICER AND WILL NOT EXCEED THE TOTAL AMOUNT OF FEES RECEIVED BY MORTGAGECS FROM THE LOAN OFFICER OR PROFESSIONAL DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST CLAIM ASSERTED BY SUCH PROFESSIONAL OR LOAN OFFICER HEREUNDER. THE CONSUMER RECOGNIZES AND AGREES THAT THE SERVICE IS PROVIDED SOLELY FOR INFORMATIONAL PURPOSES AND AS A CONVENIENCE TO CONSUMER AND FOR THESE AND OTHER REASONS (INCLUDING THAT NO FEES ARE CHARGED TO CONSUMER FOR THE USE OF THE SERVICE), EACH CONSUMER HEREBY AGREES THAT MORTGAGECS SHALL HAVE NO LIABILITY WHATSOEVER, INCLUDING FOR DIRECT DAMAGES OR ANY OTHER DAMAGES OR CLAIMS, TO A CONSUMER.
  • Some states do not permit limitations or exclusions on warranties, so certain of the above limitations may not apply to you.
Section 11
Confidentiality

  • “Confidential Information” is non-public information of a party which is provided to the other party hereunder and which is either designated as confidential or of a type which should be recognized by a commercially reasonable party as confidential. Confidential Information of MortgageCS includes the Service, its features and functions, and its related documentation and materials. The party receiving Confidential Information may use it only for the purposes for which it was provided and may not disclose it to any third party unless such third party is providing services or performing obligations hereunder and is bound in writing by confidentiality restrictions substantially similar to those required hereunder. The obligations to maintain the Confidential Information as confidential shall remain in place for so long as the applicable information is maintained as confidential. The limitations on disclosure or use of Confidential information shall not apply to information which (i) is rightfully obtained by the recipient without breach of any confidentiality obligation; (ii) is or becomes known to the public through no act or omission of the recipient; (iii) the recipient develops independently without using Confidential Information of the other party; or (iv) is disclosed in response to a valid court or governmental order, about which the recipient shall give the other party prior written notice unless otherwise prohibited.
  • You shall maintain the confidentiality of all account information that we provide to you to enable access and use of the Service, including your login credentials. You shall be responsible for any unauthorized disclosure or use of such account information and shall notify us immediately of any unauthorized loss or use thereof.
Section 12
Our Use of Your Data

  • You grant us a license to use, reproduce, perform, display and share your Account Data as is reasonably necessary in order to provide the Service and otherwise perform our obligations contemplated hereunder, including by sharing your Account Data with third parties (such as a third party hosting provider) that support the provision of such Service and, further, by sharing it with suppliers or contractors in furtherance of the intended uses of our Service. In addition, you grant us a license to de-personalize (remove any personally identifying information protected under applicable law) and aggregate and any of your Account Data to determine usage trends, perform analytics, improve the Service, promote and market and effectiveness of the Service, sell such aggregated data to any third party, or for any other business or commercial purpose. We shall have no obligation or liability in connection with any of your Account Data which We anonymize or otherwise de-personalize, unless and to the extent prohibited by applicable law.
Section 13
Third-Party Links

  • In an attempt to provide increased value to our visitors, the Service enables you to link to sites or other external platforms operated by third parties. However, even if the third party is affiliated with us, we have no control over these linked sites, all of which may have separate privacy and data collection practices, independent of us. Such linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, we specifically disclaim any responsibility if such linked sites: infringe any third party’s intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.
  • We do not endorse the content, or any products or services available, on such linked sites. Nonetheless, we seek to protect the integrity of the Service and the links placed upon it and therefore request any feedback on not only on our Service, but for sites it links to as well (including if a specific link does not work).
Section 14
Trademarks

  • The following trademarks and any other trademarks of Rates For Us, LLC (d/b/aMortgageCS) are our property: MortgageCS, Mortgage Concierge, The financial marketplace where everyone wins, The marketplace where everyone wins, and Rates for Us. These marks may not be used without our consent on any product or service, except our own.
Section 15
Intellectual Property Rights

  • Copyright © 2015-2019, Rates For Us, LLC. ALL RIGHTS RESERVED.
  • All Content included in or with the Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, as well as all software and other intellectual property underlying, embedded in or comprised of the Service, is the property of MortgageCS, its content suppliers or other third parties and protected by United States and international copyright and other intellectual property laws. MortgageCS owns all right, title and interest therein. The compilation of all content on the Site is the exclusive property of Company and protected by United States and international copyright laws. All software used on the Site is the property of Company, its software suppliers or other third parties and protected by United States and international copyright and other intellectual property laws.
Section 16
Copyright Complaints

  • We respect the intellectual property of others. The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Company infringe your copyright rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:
    • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that site;
    • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
    • information reasonably sufficient to permit us to contact you, such as an address, telephone number and email address;
    • a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and
    • a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • All notices described above should be sent to Company’s Designated Agent (by email or mail) at: hello@mortgagecs.com, or 671 Danbury Ct, Newtown, PA 18940.
  • We suggest that you consult your legal advisor before filing a notice or counter-notice as the above-stated notification requirements may have changed. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Section 17
Export Control

  • Software and other materials downloaded or otherwise made available from the Service may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Service may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders.
Section 18
Law and Jurisdiction

  • These Terms and your use of the Service are governed by the laws of the Commonwealth of Pennsylvania, without regard to its choice of law provisions. The courts of general jurisdiction located within Bucks County, Pennsylvania, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms and/or the Service or in which these Terms and/or the Service are a material fact.
Section 19
Assignment

  • We may assign our rights and duties under these Terms to any party at any time without notice to you. You may not assign these Terms, or any of your rights hereunder, to a third party without our prior written consent, which we may withhold in our sole discretion.
Section 20
Force Majeure

  • MortgageCS shall not be liable to you for any failure to perform any of our obligations under this Agreement during any period in which performance is delayed by circumstances not within our direct control, including without limitation acts of God, fires, explosions, floods, strike, riot, embargo, labor disputes, acts of civil or military authority, war, terrorism (including cyber terrorism), internet outages, power outages and/or telecommunication failures.
Section 21
Independent Contractors; No Third Party Beneficiaries.

  • The parties are independent contractors. No provision of these Terms creates an association, trust, partnership, agency or joint venture between the parties. Neither party will have any rights, power or authority to act or create an obligation on behalf of the other party except as specified in these Terms. These Terms do not and are not intended to confer any rights or remedies, express or implied, upon any person other than the parties hereto.
Section 22
Service Operated in the United States

  • Rates for Us, LLC (doing business as MortgageCS) is a U.S.-based company which operates the Service, and stores associated content and data (including, as applicable, personal information) in the United States. Additionally, we may, in our sole discretion, elect to utilize a third party vendor to host the Service and the associated content and data. If you are using the Service from the European Union or other regions with laws governing data collection and use that may be different from U.S. laws, then by using this Service, you consent to your (and your employees’) personal information being collected, used and transferred as set forth in this Privacy Policy and, further, agree that you have obtained all necessary consents from your Consumers and other end users to such collection, use and transfer of their personal information.
Section 23
Entire Agreement

  • These Terms are the entire agreement between You and MortgageCS with respect to its subject matter and supersede all prior oral and written understandings, communications or agreements between You and MortgageCS regarding that subject matter.
Section 24
Questions and feedback

  • We welcome your questions, comments, and concerns about the Service. Please send us any and all feedback pertaining to the Service to hello@mortgagecs.com.