Welcome to the new MQMR website

TERMS OF USE

This website is owned and operated by Mortgage Quality Management and Research, LLC (“MQMR”) a Delaware Corporation.

 

PLEASE READ THESE TERMS OF USE CAREFULLY. 

 

By accessing or using MQMR’s website each user or visitor to this website (“You” or “Your”) is agreeing to comply with and to be bound by all of the terms and conditions set forth in this “Terms of Use”.  MQMR permits You to use this website only if You agree to these Terms of Use.

The Terms of Use is a legal contract between You and MQMR.  Please read the Terms of Use carefully before You use the website. 

 

1. General.

This website provides an interactive online service on the World Wide Web of the Internet (the “Web” or the “Internet”), consisting of information, services, content and transaction capabilities facilitated through MQMR.

The right to use this website is personal to You and is not transferable to any other person or entity. You acknowledge that, although the Internet is often a secure environment, sometimes there are interruptions in services or events that are beyond the control of MQMR, and MQMR shall not be responsible for any data lost while transmitting information on the Internet. While it is MQMR’s objective to make the website accessible 24 hours per day, 7 days per week, the website may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of MQMR, access to the website may be interrupted, suspended or terminated from time to time.

MQMR shall have the right at any time to change or discontinue any aspect or feature of the website, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, MQMR may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

By using this website, You represent that You are at least 13 years old.  Persons who are at least 13 years of age but under the age of 18 may only use this website with legal parental or guardian consent.  Accordingly, You agree that you are least 18 years of age or possess legal parental or guardian consent prior to using this Website.

 

2. Modified Terms.

MQMR reserves the right, in its sole discretion, to modify or otherwise change the Terms of Use and/or its Privacy Policy at any time. Such changes may include, among other things, adding fees or charges for the use of the website.   MQMR is under no obligation to provide any notice of changes to the Terms of Use to You.  Please review the Terms of Use periodically for changes. Your continued use of this website constitutes Your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time You do not accept these changes, You must immediately cease viewing or using the website.

 

3. Equipment.

You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this website and all charges related thereto. MQMR shall not be liable for any damages your equipment resulting from the use of this website.

 

4. Your Conduct.

This website and any individual websites or merchant-specific, city-specific, or state-specific websites now or hereinafter contained within or otherwise available through external hyperlinks with the website (the “Microsites”) are private property. All interactions on this website and/or the Microsites must comply with the Terms of Use. Although we welcome and encourage user interaction on our website, we do insist and require that You restrict any and all activity in connection with the use of this website and the Microsites to lawful purposes only. You shall not post or transmit through this website any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without MQMR’s express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by You that in MQMR’s exclusive discretion restricts or inhibits any other person from using or enjoying this website and/or any of the Microsites is strictly prohibited. You shall not use this website or any of the Microsites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this website and/or the Microsites to become users of other on- or offline services directly or indirectly competitive or potentially competitive with MQMR.

The foregoing provisions of this Section 4 apply equally to and are for the benefit of MQMR, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

You will use the website in any manner that

    • Violates the copyright, trade secret or other intellectual property rights of another person or entity;
    • Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable as determined by MQMR;
    • Is hateful or racially or ethnically objectionable;
    • Contains unsolicited advertising or unlawfully promotes products or services for anything other MQMR;
    • Harasses, threatens or intentionally embarrasses or causes distress to another person or entity;
    • Misrepresents Your identity in any way;
    • Promotes, solicits, or participates in any multi-level marketing or pyramid schemes;
    • Exploits children under 18 years of age;
    • Engages in disruptive activity such as sending multiple messages in an effort to monopolize the forum;
    • Introduces viruses, worms, Trojan horses and/or harmful code to the website;
    • Obtains unauthorized access to any computer system through the website;
    • Invades the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent;
    • Violates any federal, state, local or international law or regulation, including laws regarding anti-discrimination and false advertising;
    • Encourages conduct that would constitute a criminal or civil offense;
    • Has the potential to create liability for MQMR or cause MQMR to violate the requirements of or to lose the services of MQMR’s internet service providers or other suppliers.

 

5. Scope of Use

MQMR grants to You a limited, non-exclusive, non-assignable, non-transferable license to use this website remotely over the Internet, solely for informational purposes.  Any other commercial use or exploitation of the website or any content, code, information, data or other materials on or through the website is strictly prohibited.  In no event shall You use any trademark, trade name, service mark, icon, logo or other indicator of MQMR without MQMRs advance, express, written permission in each instance.  All rights not expressly granted hereunder are reserved to MQMR. 

 

6. Copyright Policy

This website and any Microsites, their content, text, software, photos, video, graphics, images or code may be protected by U.S. Copyright Law.  Duplication, redistribution, publication, commercial exploitation or use of content, text, software, photos, video, graphics, images or code without the express written permission of MQMR is not permitted and will not be tolerated. You may not download and/or save a copy of any of the screens on this website.  You do not acquire any ownership rights by downloading any material on this website whether it is copyrighted material or otherwise.  MQMR does not grant any license or other authorization to You to use any of its trademarks, service marks, copyrightable material or other intellectual property by placing them on this website. MQMR reserves any and all rights not expressly granted herein.

You shall not upload post or otherwise make available on this website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. MQMR accepts no responsibility to provide You with indications, markings or anything else that may aid You in determining whether any material is copyrighted, trademarked or otherwise protected.   You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this website or any Microsite, You warrant that the owner of such material has expressly granted MQMR the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material.

The foregoing provisions of Section 6 apply equally to and are for the benefit of MQMR, its subsidiaries, affiliates, Merchants and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

If You believe that a copyrighted work has been copied and posted via this website or any Microsite in a way that constitutes copyright infringement, You shall provide MQMR with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the website or any Microsite of the copyrighted work that You claim has been infringed; (c) a written statement by You that You have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) Your name and contact information, such as telephone number or e-mail address; and (e) a statement by You that the above information in Your notice is accurate and, under penalty of perjury, that You are the copyright owner or authorized to act on the copyright owner’s behalf.

Contact information for MQMR’s Counsel for notice of claims of copyright infringement is as follows:

MQMR
9450 SW Gemini Dr
PMB 63603
Beaverton, OR 97008-7105

 

7. Disclaimer of Warranty.

You ACKNOWLEDGE THAT THE INFORMATION, SERVICES SOFTWARE, CONTENT, TEXT AND GRAPHICS PROVIDED ON THIS WEBSITE and Microsites AND PROVIDED TO YOU OUTSIDE THIS WEBSITE ARE PROVIDED “AS IS”, WITH, EXCEPT AS expressly PROVIDED HEREIN, NO representations or WARRANTies WHATSOEVER AND THAT THE USE OF THE INFORMATION, SERVICES SOFTWARE, CONTENT, TEXT AND GRAPHICS IS AT YOUR OWN RISK.  MQMR DOES NOT MAKE AND YOU DO NOT RECEIVE, except as otherwise expressly provided herein, ANY representations and WARRANTIES, EXPRESS, IMPLIED, OR OTHERWISE. 

MQMR EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  YOU RELEASE MQMR AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS AND EMPLOYEES FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL, DIRECT AND INDIRECT) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICES RENDERED BY MQMR OR IN ANY WAY RELATED TO THIS AGREEMENT. MQMR DOES NOT WARRANT OR MAKE ANY REPRESENTATION THAT THIS WEBSITE or Microsites WILL OPERATE ERROR FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE AND/OR THE SERVER WILL BE FREE OF VIRUSES

 

8. Limitation of Liability.

IN NO EVENT SHALL MQMR OR ANY OF ITS RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, MEMBERS OR EMPLOYEES BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES OR LOST REVENUE, LOST PROFITS OR ANTICIPATED BUSINESS (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATING TO the iNFORMATION, SERVICES, SOFTWARE, CONTENT, TEXT AND GRAPHICS PROVIDED ON THIS WEBSITE OR PROVIDED TO YOU OUTSIDE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM INFORMATION PROVIDED BY, TO OR THROUGH EITHER PARTY OR ANY OTHER DAMAGES, HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, TORT (INCLUDING NEGLIGENCE), CONTRACT (INCLUDING FUNDAMENTAL BREACH) OR OTHERWISE. 

 

9. Monitoring.

MQMR shall have the right, but not the obligation, to monitor the content of the website and any Microsites at all times, including any chat rooms and forums that may hereinafter be included as part of the website, to determine compliance with this Agreement and any operating rules established by MQMR, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, MQMR shall have the right, but not the obligation, to remove any material that MQMR, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

 

10. Privacy.

You acknowledge that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively “Communities”) are public and not private communications, and that, therefore, others may read Your communications without Your knowledge. MQMR does not control or endorse the content, messages or information found in any Community, and, therefore, MQMR specifically disclaims any liability concerning the Communities and any actions resulting from Your participation in any Community, including any objectionable content. Generally, any communication which You post to MQMR (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by MQMR as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the website or any Microsite, You grant MQMR the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose without territorial, time or other limitation. For more information see MQMR’s Privacy Policy.

 

11. License Grant.

By posting communications on or through this website or any Microsite, You shall be deemed to have granted to MQMR a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees.

 

12. Indemnification/Release.

You agree to defend, indemnify and hold harmless MQMR, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to (a) any products or services purchased by You in connection with the website or any Microsites; and/or (b) Your use of this website.

In connection with the foregoing release, You hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

 

13. Termination.

MQMR shall have the right to immediately terminate any passwords or accounts of You in the event of any conduct by You which MQMR, in its sole discretion, considers to be unacceptable, or in the event of any breach by You of the Terms of Use The provisions of Sections 2, 4, 5, 6, 7, 8, 10, 11, 12, 14 and 17 will survive termination.

 

14. Trademarks.

Unless otherwise indicated, all trademarks appearing on the website are the property of their respective owners.

 

15. Third-Party Content.

MQMR, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and You. Accordingly, MQMR has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other user are those of the respective author(s) or distributor(s) and not MQMR.

In many instances, the content available through this website represents the opinions and judgments of the respective information provider, You, or any other user not under contract with MQMR. MQMR neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made about or referring to MQMR by anyone other than authorized MQMR employee spokespersons while acting in official capacities. Under no circumstances will MQMR be liable for any loss or damage caused by a user’s reliance on information obtained through MQMR. It is the responsibility of You to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through MQMR.

MQMR contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to You and not as an endorsement by MQMR of the contents on such third-party websites, and MQMR hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If You decide to access linked third-party websites, You do so at your own risk. Unless You have executed a written agreement with MQMR expressly permitting You to do so, You may not provide a hyperlink to the website or any Microsite from any other website. MQMR reserves the right to revoke its consent to any link at any time in its sole discretion.

 

16. Miscellaneous.

These Terms of Use, and any operating rules for MQMR established by MQMR, constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of these Terms of Use is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use, and the remaining portions of these Terms of Use shall continue in full force and effect. The failure of either party to exercise any of its rights under these Terms of Use shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.

 

17. Governing Law and Venue

California law shall govern any and all disputes in any litigation, arbitration, or other proceeding arising from the relationship between You and MQMR.  In any litigation, arbitration, or other proceeding between You and MQMR, the prevailing party shall be awarded its reasonable attorney fees, and cost and expenses incurred, subject to the Limitation of Liability clause set forth above. The parties consent to the exclusive jurisdiction and venue of the courts of the State of California, County of Los Angeles.

 

18.  No Implied Endorsements

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by MQMR of that third party or of any product or service provided by a third party.  Likewise, a link to any non-MQMR website does not imply that MQMR endorses or accepts any responsibility for the content or use of such a website.  MQMR does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion forum or chat room accessible through the website and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, You are responsible for exercising appropriate judgment and caution.

 

19.  Electronic Communications

You agree that MQMR may send any and all communications to You electronically and that all terms and conditions, agreements, notices and other communications (“Communications”) that MQMR transmits to You electronically satisfy any legal requirement that such Communications would satisfy if it were in writing.  If You do not wish to receive Communications electronically from MQMR, You may withdraw Your consent by contacting MQMR at 9450 SW Gemini Dr., PMB 63603, Beaverton, OR 97008-7105.  However, from the time You withdraw Your consent, You must cease using the website.  Such withdrawal of consent will not affect the legal authority and enforceability of any obligations, agreements between MQMR, or provided by MQMR, prior to the time You withdraw Your consent.  You agree to update MQMR regarding any changes in Your email or mailing address so that You may receive all communications without interruption or delay. 

 

20.  Submissions to MQMR.

You agree that any information You enter to the Website including, without limitation, your name, telephone number and email address for the purpose of representatives or agents of MQMR contacting You, may be used by representatives or agents of MQMR to contact You. You represent that any phone number or email address entered to the Website is Your own and that You have full authority to consent to representatives or agents of MQMR using that phone number or email address to contact You.

 

21.  Disclosures.

MQMR is located at 5900 Sepulveda Blvd #432 Sherman Oaks, CA 91411. If You are a California resident, You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. You should note that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist You in limiting access to material that is harmful to minors. Current providers of such protections can found at http://www.en.wikipedia.org/wiki/List_of_Content_Control_Software.