Terms of Service
By accessing this site and any pages, you agree to be bound by the Terms and Conditions below. If you do not agree to the Terms and Conditions below, do not access this site, or any pages thereof. Access and use of this Website, (“Site, Website”) is subject to the following Terms and Conditions of Service, (“Terms of Service”) and applicable laws. By accessing and using this Website you, the user (“User, You, Your”), agree and accept, without limitations, these Terms and Conditions of Service. If you don not agree with these Terms of Service, do not access this site. Please read carefully before using this Website.
THIS IS A B2B – BUSINESS TO BUSINESS WEBSITE – INTENDED FOR USE BY REAL ESTATE AND MORTGAGE PROFESSIONALS ONLY AND NOT INTENDED FOR THE GENERAL PUBLIC OR AN ADVERTISEMENT TO EXTEND CREDIT. IF YOU ARE A BORROWER OR CONSUMER SHOPPING FOR A MORTGAGE, THIS SITE IS NOT INTENDED FOR YOUR USE AND YOU ARE REQUESTED TO PLEASE EXIT THE SITE.
Intellectual Property Rights
Everything on this Site is the Intellectual Property of and copyrighted by Mortgage Elements Inc. (“Mortgage Elements”). Nothing on this site may be copied and/or reproduced and/or distributed by any means, in any way, in any medium, at any time, without the prior written permission of Mortgage Elements. This includes, but is not limited to, the transmission, distribution, redistribution, posting, reposting, modifying, of any and all text, images, artwork, symbols, program tables, search results, Lender lists, Third Party lists, and Third Party content.
Links and Third-Party Content
This site contains links to web sites controlled and offered by Wholesale Mortgage Lenders (“Lenders”) and Third Parties (“Third Parties”) that are not affiliated or controlled by Mortgage Elements. Mortgage Elements may or may not have reviewed the content of Lender and Third-Party websites which are linked through this Site. Mortgage Elements does not control, have influence over, endorse, certify, approve, and is not responsible for the content of any Lender website or Third Party website. By creating a link to Third Party sites, Mortgage Elements makes NO recommendations, endorsements, representations, or warranties to the safety, accuracy, validity, availability, legality, copyright ownership, or Intellectual property rights of any Third Party website, or the products, services, information, and content on any websites accessed through links on this Site.
Representations and Warranties
While Mortgage Elements uses reasonable efforts to maintain accurate and timely information on this Site, it makes no representations or warranties to the accuracy, validity, availability, or legality, of any of the content or information on this Site. Mortgage Elements accepts no liability or responsibility for damages of any kind resulting from the use of this Site. Mortgage Elements accepts no liability or responsibility for damages of any kind from errors, inaccuracies, or omissions of information or content or consequences resulting from User’s reliance on and reference to the Site’s information and content. This includes, but is not limited to, any and all damages, whether direct or indirect, consequential or inconsequential, incidental or implied, damages for loss of business, business income, business profits, revenue, good will, reputation, damage caused to your technology equipment, computer, hardware, software, systems, data, and other property. This also includes damages from viruses or other malicious programs that may infect and harm your computer, technology equipment, and other property. The User also agrees it is their sole responsibility to take the necessary precautions to protect their technology equipment and property from malicious and destructive software such as viruses and malware when using this site. USE OF THIS SITE IS AT YOUR OWN RISK.
Mortgage Elements accepts no liability or responsibility for any damages of any kind incurred from the use of links and consequences resulting from User’s reliance on and reference to information and content of Lender and Third Party sites. This includes, but is not limited to, any and all damages whether direct or indirect, consequential or inconsequential, incidental or implied, damages for loss of business, business income, business profits, revenue, good will, reputation, damage caused to your technology equipment, computer, hardware, software, systems, data and other property. This also includes damages from viruses or other malicious programs that may infect and harm your computer and technology equipment and other property. The User accepts full responsibility for the consequences of using links to access Third Party sites. The User also agrees it is their sole responsibility to take the necessary precautions to protect their technology equipment and property from malicious and destructive software such as viruses and malware when using any links from this Site. YOUR USAGE OF LINKS ON THIS SITE ARE AT THE YOUR OWN RISK.
EVERYTHING ON THE SITE IS PROVIDED TO YOU “AS IS” OR “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Communication
All communication with Mortgage Elements through any communication venue, including but not limited to verbal, written, and electronic, will be considered non-confidential and non-proprietary and the content of the communication shall become the property of Mortgage Elements unless specifically earmarked as confidential or proprietary in advance and in writing. Mortgage Elements will be free to use the content of any and all communications, at its sole discretion, for any purpose. One of those purposes would include, but not limited to, the design, development, and implementation of new products, services, marketing techniques, business plans, policies, procedures, etc. which will be the exclusive Intellectual Property of Mortgage Elements.
Prohibited Acts
By accessing the Site You agree that You will not use the Site or any information or content on the site for any purpose that is unlawful or prohibited in these Terms of Service. This site is not intended for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use would be contrary to local laws or regulations.
Notification of Changes
Mortgage Elements reserves the right to change, revise, and modify the content and information on this Website, the Terms of Service, and Privacy Policy at any time without notice. You will be bound to the Terms of Service which are in effect at the time You use this Site. It is your responsibility to stay apprised of the current Terms of Service each time You access the Site.
General
These Terms of Service and Your use of this Site are governed by the laws of the State of Illinois. Any action regarding or relating to the Site, the Terms and Conditions of Service, or Mortgage Elements shall proceed in a venue located in DuPage County, Illinois. If any of these terms are deemed invalid or unenforceable, the remaining terms will continue to apply. Some jurisdictions may not allow the exclusion of implied warranties or the limitation of liability. If the above exclusions to implied warranties or the limitation of liability does not apply, then the invalid or unenforceable provisions will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision. Failure of Mortgage Elements to enforce any of the provisions of the Terms of Service shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms of Service, or the right to enforce each and every provision. This document represents the entire agreement between the User and Mortgage Elements regarding the access and use of the Site.