End user agreement for MortgageTools Professional
The Mortgage Toolbox's Disclaimer and Terms and Conditions.
THE ACCURACY OF THIS CALCULATOR AND ITS APPLICABILITY TO YOUR CIRCUMSTANCES IS NOT GUARANTEED. YOU SHOULD OBTAIN PERSONAL ADVICE FROM QUALIFIED PROFESSIONALS.
Terms and Conditions
THE ACCURACY OF THE FINANCENTER INFORMATION, DEFINED BELOW, AND ITS APPLICABILITY TO YOUR CIRCUMSTANCES IS NOT GUARANTEED. YOU SHOULD OBTAIN PERSONAL ADVICE FROM QUALIFIED PROFESSIONALS.
1. Use of The Mortgage Toolbox Software licensed by other companies or individuals for use on with their clients is covered by the following terms and conditions. By using The Mortgage Toolbox Software, you, the user agree to the following terms and conditions.
2. The Mortgage Toolbox provides, through this Software, certain information, including but not limited to: Refinance Analysis, Prequalification Estimates, Savings Goal, Rent Vs Own, and information related to home purchase and refinancing. Your use of the The Mortgage Toolbox is entirely at your own risk and it is your sole responsibility to evaluate the accuracy, completeness and usefulness of all The Mortgage Toolbox information. Users of this Software should seek professional financial and legal assistance and shall not rely on The Mortgage Toolbox.
3. All The Mortgage Toolbox Software information is provided "AS IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. The Mortgage Toolbox Software contains statements and statistics that have been obtained from sources believed to be reliable, (including, but not limited to, information originated by The Mortgage Toolbox, licensed by The Mortgage Toolbox from information providers, or gathered by The Mortgage Toolbox from publicly available sources), but are not guaranteed as to accuracy, completeness, timeliness, or correct sequencing. Nor does The Mortgage Toolbox guarantee uninterrupted or error free information, or the security of this Software or that of the stored user data, or that any information, software, or other material accessible from or related to The Mortgage Toolbox is free of viruses, worms, or other harmful components.
4. The Mortgage Toolbox shall not be liable under any circumstances for lost profits, lost business, loss of business reputation, or any direct, indirect, incidental, special, punitive or consequential damages, whether foreseeable or not, that result in any way from your use, non-use or reliance upon The Mortgage Toolbox, or that result from mistakes, omissions, interruptions or deletions of files, errors or defects in The Mortgage Toolbox, delays in operation, transmission or failure of performance. If you are dissatisfied with any of The Mortgage Toolbox information, your sole and exclusive remedy is to discontinue using The Mortgage Toolbox Software. Neither The Mortgage Toolbox nor the information providers shall have any liability, contingent or otherwise for the accuracy, completeness, timeliness, or correct sequencing of The Mortgage Toolbox or for any decision made or action taken by you in reliance upon The Mortgage Toolbox or for interruption of any data, information, or other aspect of The Mortgage Toolbox Software. Neither The Mortgage Toolbox nor its information providers make any representations about the suitability of the The Mortgage Toolbox, software, products, or services contained in The Mortgage Toolbox Software or Licensees' Software versions. The Mortgage Toolbox does not endorse the views, opinions and recommendations included in The Mortgage Toolbox Software or Licensees' Software version, give investment advice, or advocate the purchase or sale of any security or investment. The past performance of a mutual fund, stock, or investment strategy cannot guarantee its future performance. References to any specific securities do not constitute an offer to buy or sell securities.
5. The Mortgage Toolbox Software is provided to you solely for your own informational purposes. You may not sub-license, resell, republish (including internet posting, electronic mailing, faxing, archiving in a public database, redistributing via a computer network, or in a printed form to third parties), reproduce, retransmit, disseminate, sell, broadcast, commercially exploit, or circulate The Mortgage Toolbox Software without the express written consent of The Mortgage Toolbox. Nor may you use The Mortgage Toolbox Software for any unlawful purpose.
6. You may use The Mortgage Toolbox Software for your private, non-commercial use only.
7. The Mortgage Toolbox, its licensors, or information providers are the sole and exclusive owners of all right, title and interest, including trademarks, copyrights, patents, trade names, trade secrets and other intellectual property rights, in The Mortgage Toolbox Software. You may not copy, modify, adapt, reproduce, translate, reverse engineer, decompile, disassemble, sublicense or assign any aspect of The Mortgage Toolbox Software accessed via this service. You may not use, adopt or attempt to register anywhere in the world, whether alone or together with any other mark, symbol, or name, any The Mortgage Toolbox trade name or mark or service name or mark that is similar or confusingly similar to The Mortgage Toolbox trademarks.
8. This Agreement shall for all purposes be governed, interpreted, construed and enforced in accordance with the law of the State of Texas, USA. You hereby agree that the courts located in Fort Worth, Texas, USA shall constitute the sole and exclusive forum for the resolution of any and all disputes arising out of or in connection with the use of The Mortgage Toolbox Software or The Mortgage Toolbox Software and you hereby consent to the jurisdiction of such courts and irrevocably waive any objections thereto. Regardless of where you access The Mortgage Toolbox Software, you agree to comply with all applicable laws of the United States of America, including those regarding the export of data. You are also responsible for complying with all other laws, rules and regulations that may be applicable to your use of The Mortgage Toolbox Software.
9. The Mortgage Toolbox may deny you access to all or part of this Software without notice if you engage in any conduct or activities that The Mortgage Toolbox believes in its sole and absolute discretion violates applicable law or any terms of this Software.
10. You agree to indemnify, defend, and hold harmless The Mortgage Toolbox, its subsidiaries, affiliates, and their respective officers, directors, shareholders, members, agents, representatives, employees, successors and assigns for, from and against any and all liabilities, costs and expenses (including reasonable attorneys' fees), related to any violation of the terms and conditions by you or authorized users of your account.
11. If any portion of the terms and conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable laws as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.
12. The Mortgage Toolbox failure to insist upon or enforce strict performance of any provision of the terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the terms and conditions.
13. The Mortgage Toolbox reserves the right in its sole discretion to change, modify, add or remove these terms and conditions in whole or in part and at any time.