The terms and conditions set out in this document, as amended from time to time in accordance with this provision, (the “Terms”) govern your use of all websites (collectively, the “WebSite”) and related products and services provided to you by Mortgage Web Successs, LLC (“Mortgage Web Successs”, "MWS"). Including marketing resources and materials and other products and services. These Terms come into effect once the Website is set up for you. The Website used in association with the trade-mark Mortgage Web Success Marketing System® and related products and services are collectively referred to as the “Mortgage Web Success Marketing System”. Mortgage Web Successs may at any time revise these Terms, without notice, by updating the posting of these Terms at http://www.mortgagewebsuccess.com/legal/terms.htm and changing the “Last Revised” reference at the top of these Terms. It is your responsibility to check these Terms regularly for any such revisions. If you do not wish to be further bound by the Terms as amended you must immediately notify Mortgage Web Successs in the manner described in these Terms AND stop using the Mortgage Web Success Marketing System. Your continued use of the Mortgage Web Success Marketing System will evidence your agreement to be bound by the Terms effective as of the time they were amended by Mortgage Web Successs.
Your right to use the Mortgage Web Success Marketing System requires the payment of a monthly subscription service. Each user agrees to pay to Mortgage Web Successs a monthly subscription fee, in advance, via credit card or other method from time to time established by Mortgage Web Successs, for each month’s right to use the Mortgage Web Success Marketing System. Each user authorizes Mortgage Web Successs to automatically debit the payment source or mechanism associated with his or her registered account for each monthly subscription fee.
Mortgage Web Successs may from time to time establish a special "bundled" offer with a third party provider's product or service. The payment for such bundle may be processed by Mortgage Web Successs or by the third party provider. In either instance, you still must agree to be bound by the terms set forth in this document.
Mortgage Web Successs may from time to time establish special promotional thirty day “trial offers”, in its discretion, on such terms and conditions as may be posted on the Order Form for that particular offer. Mortgage Web Successs may provide access to or use of thirty day promotional or trial offers using promotion codes, coupons, credits or other mechanisms, in its sole discretion. Promotional or trial offers may be modified or terminated at any time, in Mortgage Web Successs' discretion, and will in any case be limited to one offer per user. At the end of any thirty day promotional or trial offer, the user’s credit card account will automatically be debited for each subsequent monthly subscription period, and such automatic debits shall continue unless the user terminates the subscription during the thirty day trial period, in accordance with the terms and conditions for CANCELLATION.
From time to time, Mortgage Web Successs may provide its members with access to offers or promotions made available by or from third parties. If a Mortgage Web Success Marketing System member provides an email address or other information to such a third party, Mortgage Web Successs will not be responsible for the use of the information so provided.
You will pay the initial and monthly fees of the Mortgage Web Success Marketing System as they are outlined in the Mortgage Web Success Marketing System Order Page, based on your selected package level or special offer package and other applicable fees except if your web system subscription is bundled with other products or services.
You may cancel at any time by Mortgage Web Successs receiving notice sent by you in the manner prescribed in the CANCELLATION & TERMINATION section of these terms. Such cancellation or level change will take effect at the end of the then current monthly billing period.
Mortgage Web Successs 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.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by notifying members of that service by email and/or by posting the upcoming changes within the control panel of the service itself.
Mortgage Web Successs shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
1. A valid credit card is required for account activation and for continued monthly service.
2. If you initially sign up for a "Trial Account", and you don't cancel that account within 30 days, you will be billed monthly starting on the 30th day after your account was initially created. If you cancel prior to the processing of that subscription on the 30th day, you will not be charged.
3. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
5. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
6. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Mortgage Web Successs does not accept any liability for such loss.
CANCELLATION & TERMINATION
1. You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is NOT considered cancellation.
To properly cancel you account automatically at any time follow these steps:
Step 1: Login to your control panel by navigating to: http://members.mortgagewebsuccess.com
Step 2: After you have logged into your control panel, click the tab labeled "Account"
Step 3: Click the tab labeled "Subscription"
Step 4: Read the terms of cancellation and then at the bottom of the page, click the checkbox next to the words "I agree to the terms of cancellation"
Step 5: Click the button at the bottom of the page labeled "Cancel My Subscription"
Step 6: A confirmation box may appear asking you to confirm that you wish to cancel. Choose the appropriate answer to confirm.
Step 7: The Account Cancellation Screen may ask you to complete a short survey. This survey is optional and we offer a "Skip Survey" link on each page.
You will receive a confirmation screen of your cancellation and also an email of your cancellation will be sent to you and copied to our support team.
If you do not receive a confirmation screen or email, please send our support team an email here: email@example.com
2. If you cancel within 30 days of your initial signup date, your account will remain active and accessible until the 30th day after your signup day. Once your account is closed, all lead data, content you added or any other information in your account will not be accessible. Also, this information can not be recovered once your account is cancelled.
3. If you cancel the Service after your initial 30 day refund policy period has ended and before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. Your account however will remain active and accessible through that current billing cycle. For example, if your billing cycle is on the 18th of every month, and you cancel on the 24th, you'll still have to pay for the current month, but you won't be charged again after that.
4. Mortgage Web Successs, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Mortgage Web Successs service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Mortgage Web Successs reserves the right to refuse service to anyone for any reason at any time. Upon cancellation of your subscription, the license granted under these Terms shall automatically terminate and you will return or destroy any Proprietary Content that you may have in your possession or control. Mortgage Web Successs shall have no obligation to return any of Your Content to you.
CREDIT CARD CHARGES AND CREDIT CARD FRAUD PENALTIES
Buyer warrants that he or she is over 18 years of age, not subject to the Child Online Privacy Act, of legal age to enter into contractual agreements in the state in which he is present when he makes this purchase, and is the true and authorized owner of the credit card used to make this purchase. Any Buyer who violates any of these requirements may be liable for civil or criminal prosecution and agrees to pay liquidated damages of an amount the equivalent of US$10,000 per fraudulent transaction, plus actual damages, and agrees that all information collected by this website may be used for prosecution and may be turned over to law enforcement agencies or to credit card companies and merchant service providers.
If the true and/or authorized owner of the credit card attempts to commit fraud upon the Seller, he authorizes each and every credit card company or merchant service provider to disclose to the Seller all information that could be construed as proof of credit card fraud.
Any Buyer who attempts to perpetrate a fraud upon Seller involving the use of a credit card herewith gives authorization for the Seller to access all credit information about the Buyer from credit reporting agencies and also authorizes the Seller to discover all relevant information from any source about the fraudulent practices of the Buyer and to reveal such information to credit reporting agencies, credit card companies, merchant service providers, and law enforcement agencies.
Buyer agrees that if he uses trickery to receive more than one refund, or if he causes a fraudulent dispute claim that results in a chargeback against the Seller's account, that the Seller is authorized to re-charge the Buyer's credit card that was used for the original purchase to the extent that will make the Seller whole. Buyer agrees to, in addition to actual damages, pay to the Seller liquidated damages of an amount equivalent to US$10,000 for every separate fraudulent action Buyer commits.
If you wish to register a custom domain name ("Domain Name") for the Web Site, Mortgage Web Successs shall cooperate with you in registering the Domain Name with the appropriate entity.
Mortgage Web Successs may also use API technology to allow you to register a domain directly within your Mortgage Web Success Marketing System's Control Panel. Mortgage Web Successs is NOT a DOMAIN REGISTRAR and would thus be acting ONLY as a RESELLER of the DOMAIN SERVICES.
You shall be responsible for promptly paying for all registration and renewal fees for the Domain Name as charged by Mortgage Web Successs or other appropriate entity. As between you and Mortgage Web Successs, You shall own all right, title and interest in and to the Domain Name. You agree that Mortgage Web Successs makes no representations nor provides any warranties that a domain name that you request will be available for registration and You acknowledge that Mortgage Web Successs shall not under any circumstances be liable to you or other parties, in the event that the registration is not made in a timely manner. You shall be solely responsible for tracking and ensuring that all required renewals for Your Domain Names are made in a timely manner. Mortgage Web Successs shall cooperate with you to renew Domain Names. However, Mortgage Web Successs specifically makes no representations or warranties concerning the automatic renewal of Domain Names on your behalf and under no circumstances shall Mortgage Web Successs be liable to you or other parties, in the event that your Domain name is not renewed in a timely manner. As part of the web maintenance/services agreement, Mortgage Web Successs will provide Domain Name Server (DNS) assistance. Mortgage Web Successs makes no representations or warranties as to the DNS service provided to you under this Agreement. If you arrange for a third party to provide DNS and/or E-Mail service.
You agree to hold Mortgage Web Successs harmless from any errors made as a result of the third party's management of your DNS and/or E-Mail service. If a third party provides DNS and/or E-Mail service for you, and you need additional services from Mortgage Web Successs concerning your DNS and/or E-Mail service, additional services may be provided at Mortgage Web Successs’s then hourly rate.
You acknowledge that except for any content provided by you through use of the customization features, or otherwise any third party content that you make available on or otherwise accessible through the Website (collectively, “Your Content”), all images, graphics, graphical user interfaces, data, charts, graphs, text, mailing lists, contact information, audio, music, videos, names, marks, logos, designs and other content comprising or used in association with the Website or forming part of the Mortgage Web Success Marketing System, and the selection, compilation and arrangement of the Website, and all related software (collectively, the “Proprietary Content”), and any modifications to the Proprietary Content and, to the extent made by Mortgage Web Successs, to Your Content, are, to the extent permitted by law, protected by applicable international intellectual property laws (including copyright law, trade-mark law and trade secret law) and are otherwise proprietary and are owned by Mortgage Web Successs, or its licensors. Mortgage Web Successs hereby grants you a limited, non-exclusive, non-licensable, non-transferable license to use the Mortgage Web Success Marketing System for your personal use for the purposes of advertising and marketing your own products and services in connection with your personal business, and any related use by your clients or potential clients in connection with such products and services.
Except as provided in these Terms, no other rights (including the right to translate or copy, or have translated or copied on your behalf, any Proprietary Content) are expressly or impliedly granted by these Terms and your use is limited to the rights granted above and for the duration specified in the section on Termination below. Once you no longer subscribe to the Mortgage Web Success Marketing System, you will not be entitled to use the Proprietary Content for any reason or in any way whatsoever, whether on the Internet or otherwise, except that if you are otherwise licensed to use the under a valid agreement, you may do so in accordance with such agreement. Once you no longer subscribe to the Mortgage Web Success Marketing System, under no circumstances will you be permitted to publish, display, distribute or otherwise use any of the Proprietary Content, or any part of the Proprietary Content, in any way on the Internet including, but not limited to, publishing on any website, transmitting via email or other form of communication involving the Internet.
You will be provided a secure means for you to access the Website. You will be solely responsible for other parties to whom you choose to provide this same access. You will be solely responsible for all Your Content and any third party content that you make available on, or otherwise accessible through, the Website, including its legality, reliability, appropriateness, originality and copyright.
The Website may contain links to third party websites. The inclusion by Mortgage Web Successs of any linked website does not imply approval, endorsement or recommendation of the material on such website or any association by Mortgage Web Successs with its operators. You may also add third party links to the Website through your use of the customization tools. Your addition or use, or use by any third party, of any hypertext link is entirely at your or their own risk. Mortgage Web Successs does not make, and expressly disclaims, any warranty or condition, express or implied, statutory or otherwise, as to third party websites that you or any third party links to through the Website, including any warranties or conditions of merchantable quality, fitness for a particular purpose or non-infringement, or any warranty that such websites will be available, uninterrupted or error free.
You will not use the Mortgage Web Success Marketing System to: (i) post, propagate, distribute, house, process, store or otherwise in any way handle material that is pornographic, obscene, lewd, lascivious, filthy, excessively violent, harassing, harmful, offensive, disparaging, defamatory, knowingly false or deceptive, or invades any right of privacy or that infringes upon any rights (including intellectual property rights) of any person; (ii) transmit or store any information, data or material, or do anything that causes you to be, in violation of any international, federal, provincial, state or local regulation or law, or those of any applicable licensing board; or (iii) “spam” or otherwise transmit unsolicited content (including through email) to third parties, or interfere with or disrupt other users, services or equipment on our networks or the Internet. You will comply with all local, provincial, state and federal regulations and laws, and those of any applicable real estate board, governing the transmission, storage, production, and/or retrieval of electronic information, and the collection, use and storage of personal information.
Mortgage Web Successs will have the right (but not the obligation) in its sole discretion to monitor, refuse, edit, move or remove any of Your Content on the Website, or be entitled to a temporary or permanent injunction to stop you from using the Mortgage Web Success Marketing System in a manner thought to be in violation of these Terms or any agreement Mortgage Web Successs may have with its licensors.
You will be responsible for all activities that occur in connection with the use of the Mortgage Web Success Marketing System by you or by third parties to whom you provide access to the Mortgage Web Success Marketing System. You will be responsible for any and all damage to Mortgage Web Successs, Mortgage Web Success’s computer systems or the Proprietary Content caused by use of the Mortgage Web Success Marketing System by you or third parties to whom you provide your access to the Mortgage Web Success Marketing System, whether knowingly, negligently or otherwise, including damage resulting from the introduction of any virus, worm, bomb, trojan horse or other limiting, debilitating, disabling or otherwise harmful effect, whether such damage is manifested before or after termination of your subscription to the Mortgage Web Success Marketing System.
CALIFORNIA RESIDENTS NOTE
USE AND TRANSFER OF PERSONAL INFORMATION
In connection with the Website, certain information about identifiable individuals may have been, and may be, collected, used or disclosed by Mortgage Web Successs on your behalf (other than the name, title or business address or telephone number of an employee of an organization, the “Personal Information”). You represent and warrant, and acknowledge that Mortgage Web Successs is relying on such representation and warranties, that: (a) you shall obtain the prior consent of each individual for Mortgage Web Successs to collect, use and disclose their Personal Information for the purposes described below and as set out in the consent form on the Website (the “Consent”); (b) you shall use the Personal Information disclosed to you by Mortgage Web Successs solely for the purposes identified in the Consent; and (c) you shall comply with all applicable laws, regulations and rules in the collection, creation, use, storage and disclosure of Personal Information. You shall promptly notify Mortgage Web Successs in writing of any claim, inquiry, complaint, investigation or remedial action regarding the collection, storage, use or disclosure of Personal Information and be solely responsible for responding to and handling such claim, inquiry, complaint, investigation or remedial action.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE MORTGAGE WEB SUCCESS MARKETING SYSTEM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOUR USE OF THE MORTGAGE WEB SUCCESS MARKETING SYSTEM IS AT YOUR SOLE RISK. YOU UNDERSTAND AND ACKNOWLEDGE THAT MORTGAGE WEB SUCCESS CANNOT GUARANTEE “TOP SPOTS” IN SEARCH ENGINES AND/OR DIRECTORIES. EXCEPT AS EXPRESSLY STATED ON THE MORTGAGE WEB SUCCESS WEBSITE, THERE ARE NO WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FOR EXAMPLE, MORTGAGE WEB SUCCESS, ITS AFFILIATES AND THEIR RESPECTIVE SUPPLIERS AND LICENSORS, MAKE NO WARRANTY OR CONDITION THAT (I) THE MORTGAGE WEB SUCCESS MARKETING SYSTEM WILL BE USEFUL OR MEET YOUR NEEDS OR REQUIREMENTS; (II) THAT THE MORTGAGE WEB SUCCESS MARKETING SYSTEM WILL BE AVAILABLE, UNINTERRUPTED, RELIABLE, TIMELY, SECURE, PRIVATE, ERROR-FREE OR FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; OR (III) THE INFORMATION OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MORTGAGE WEB SUCCESS MARKETING SYSTEM WILL BE COMPLETE, ACCURATE OR RELIABLE. ANY INFORMATION OR OTHER CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MORTGAGE WEB SUCCESS MARKETING SYSTEM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR OTHER CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MORTGAGE WEB SUCCESS, ITS AFFILIATES OR THEIR RESPECTIVE SUPPLIERS AND LICENSORS, OR THROUGH OR FROM THE MORTGAGE WEB SUCCESS MARKETING SYSTEM, SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED ON THE MORTGAGE WEB SUCCESS WEBSITE. THIS PARAGRAPH SHALL APPLY WITH EQUAL FORCE TO YOUR CLIENTS AND POTENTIAL CLIENTS AND OTHER THIRD PARTIES WHO ACCESS, OR ATTEMPT TO ACCESS, THE MORTGAGE WEB SUCCESS MARKETING SYSTEM.
IN NO EVENT SHALL MORTGAGE WEB SUCCESS, ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF COMMISSIONS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, DAMAGE TO REPUTATION OR OTHER INTANGIBLE LOSSES), WHETHER BASED ON BREACH OF CONTRACT (INCLUDING FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION (WHETHER NEGLIGENT OR OTHERWISE), BREACH OF WARRANTY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH (I) THE USE OR INABILITY TO USE THE MORTGAGE WEB SUCCESS MARKETING SYSTEM; (II) THE ACCURACY OR EFFECTIVENESS OF THE MORTGAGE WEB SUCCESS MARKETING SYSTEM; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE CONTENT ON THE WEBSITE; OR (IV) ANY OTHER MATTER RELATING TO THE MORTGAGE WEB SUCCESS MARKETING SYSTEM.
IN NO EVENT SHALL THE MAXIMUM LIABILITY OF MORTGAGE WEB SUCCESS, ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS OR LICENSORS, IN THE AGGREGATE, EXCEED THE AMOUNT YOU PAID TO MORTGAGE WEB SUCCESS FOR THE MORTGAGE WEB SUCCESS MARKETING SYSTEM IN THE THREE (3) MONTHS PRECEEDING THE EVENT WHICH GAVE RISE TO THE CLAIM.
You agree to indemnify and hold MORTGAGE WEB SUCCESS, its affiliates and their respective directors, officers, employees, suppliers and licensors, harmless from any demand, claim, action, suit, proceeding, expenses, losses or damages of any kind whatsoever, including reasonable legal fees, brought by any third party due to, or arising out of, any of Your Content, use of the Mortgage Web Success Marketing System by you or third parties, your violation of these Terms, or your violation of any rights of another.
CONFIDENTIALITY OF CODES, PASSWORDS, AND INFORMATION
You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from Mortgage Web Success and all information to which you have access through password-protected areas and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.
Except for cancellation requests, any notice to be provided to Mortgage Web Success shall be provided
(i) to 1811 N. Dixie Avenue, Suite 104 / #323, Elizabethtown, KY 42701;
(ii) by email to firstname.lastname@example.org;
(iii) by fax to 888-512-5898; or
(iv) by other means specified in writing by Mortgage Web Success.
RELATIONSHIP OF THE
The parties to this Agreement are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Neither party shall have the power to obligate or bind the other party. Personnel supplied by Mortgage Web Success shall work exclusively for Mortgage Web Success and shall not, for any purpose, be considered employees or agents of You. Mortgage Web Success assumes full responsibility for the acts of such personnel while performing services hereunder and shall be solely responsible for their supervision, direction and control, compensation, benefits and taxes.
This Agreement will be governed, construed and enforced in accordance with the laws of the State of Ohio without giving effect to principles of conflict of laws. Both parties agree to submit to exclusive jurisdiction in Ohio with respect to this Agreement and further agree that any cause of action relating to this Agreement shall be brought and maintained in a court in Butler County, Ohio.
Except for the obligations to make payments, neither party shall be liable to the other or any third person for any delay or default in performing its obligations hereunder if such delay or default is caused by force majeure, such as wars or insurrections, riots, acts of government, strikes, work stoppages, labor troubles, fire, explosion, earthquake, flood, embargoes and/or inability to obtain materials, acts of God or other cause outside the reasonable
control of the Party.
If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. The waiver by either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.
This Agreement, sets forth the entire understanding and agreement of the parties and supersedes any and all oral or written agreements or understandings between the parties as to the subject matter of this Agreement. No changes or amendments to these Terms shall be binding upon Mortgage Web Success unless accepted by Mortgage Web Success in writing. No waiver of any of these provisions shall be deemed a further or continuing waiver of such provision or any other provision of these Terms. No failure on the part of either party to exercise, and no delay in exercising, any right under these Terms shall operate as a waiver of such right.