Terms of Use
The resources available to you on this Web Site and any affiliated Web Sites operated by Mortgage Policy Advisors LLC, a Delaware limited liability company (“MPA”), including audio and visual information, documents, text, services and software ("Content"), are provided to you by MPA, subject to the following terms of use (the “Terms of Use”). This Web Site and any affiliated Web Sites operated by MPA, including any Content, are referred to in the Terms of Use as the “Web Site.” MPA reserves the right to update these Terms of Use at any time without notice to you. The most current version of the Terms of Use can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of each mpadvisorsgroup.com web page. You periodically should check back and makes sure that you have reviewed the most current version of the Terms of Use.
Acceptance of Terms
By using the Web Site to access and use the Content, you acknowledge and agree that you have read, understand and agree to be bound by the provisions of the Terms of Use exactly as if the Terms of Use was printed on paper and signed by you. If you do not agree to be bound by the Terms of Use in its entirety, or do not agree with any later version of the Terms of Use, then you must immediately stop using the Web Site. If you access or use the Content in the course of your employment or business, you enter into the Terms of Use both on your own behalf as an individual and in your capacity as an employee, officer, agent, partner, or other agent or representative of such organization that you represent, and references in these Terms of Use to "you" shall mean both you as the individual user of the Web Site and you in your capacity as a representative of your organization.
Non-Commercial Use Limitation
Unless otherwise specified, access to the Content is provided for non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Web Site.
Privacy and Protection of Personal Information
See the Privacy Policy for information regarding the collection and use of your personal information.
Content Disclaimers
The information and services offered on the Web Site are provided with the understanding that neither MPA nor its content suppliers are engaged in rendering legal or other professional services or advice. Reference to any specific commercial product, process or service does not constitute or imply any endorsement, recommendation or favoring by MPA. Your use of the Web Site is subject to the additional disclaimers and caveats that may appear throughout the site. Individual services offered on this Web Site also may have separate terms and conditions that apply to those services to which you agree by using the services. MPA assumes no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on the Web Site. While MPA strives to keep the information on the Web Site accurate, complete, and up-to-date, MPA cannot guarantee, and will not be responsible for, any damage or loss related to the accuracy, completeness, or timeliness of the Content. MPA MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT OF THIS WEBSITE. THE CONTENT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND IS FOR REFERENCE PURPOSES ONLY. MPA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE CONTENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING (WITHOUT LIMITATION) THE IMPLIED WARRANTIES OF MERCHANTABILIY AND FITNESS FOR A PARTICULAR PURPOSE; OF CONDITION, QUALITY, DURABILITY, SUITABILITY, AND TITLE; NON-INFRINGEMENT OF THIRD-PARTY RIGHTS; AND IMPLIED WARRANTIES ARISING FROM A COURSE OF
DEALING OR A COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MPA MAKES NO REPRESENTATION THAT THE WEB PAGES OF THE WEB SITE WILL BE ERROR-FREE, OR THAT ACCESS THERETO WILL BE UNINTERRUPTED, OR THAT NO CONTAMINATION OF SYSTEMS WILL RESULT FROM USE OF THE WEB PAGES. IN NO EVENT SHALL MPA AND/OR ITS CONTENT SUPPLIERS AND OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEB SITE OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF MPA OR ANY OF ITS CONTENT SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. EXCEPT AS REQUIRED BY ANY APPLICABLE MANDATORY LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF MPA, WITH RESPECT TO ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT, THE WEB SITE, ALL CONTENT, AND ALL SERVICES, EXCEED AN AMOUNT EQUAL TO ONE HUNDRED UNITED STATES DOLLARS ($100.00). BECAUSE SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. You acknowledge and agree that nothing in the Terms of Use constitutes an undertaking by MPA to provide any portion of aspect of the Content or to continue providing any portion or aspect of the Content, in the future. MPA may, in its sole discretion, update, enhance, add to, or make any other changes to any portion or aspect of the Content or remove any portion or aspect of the Content without notice. All updates, enhancements, additions, and other changes to the Content are subject to the Terms of Use.
Doing Business on the Internet
You acknowledge and agree that electronic communications and databases are subject to errors, tampering and break-ins and that, notwithstanding the efforts of MPA to implement reasonable security precautions, MPA does not guarantee or warrant that such events will not take place. You agree to follow all access and security procedures provided to you from time to time by MPA, and you will not attempt, nor will you aid or abet any other person in any attempt, to circumvent or otherwise interfere in any way with any security precautions or measures of MPA.
No Unlawful or Prohibited Use
As a condition of your use of the Web Site, you will not use the Content or access the Web Site for any purpose that is harmful, abusive, derogatory, defamatory, in violation of any confidentiality obligation, invasive of any third party's rights, unlawful, disruptive to the Web Site, or otherwise prohibited by the Terms of Use and the Privacy Policy. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Web Site.
Links to Third Party Sites
Links on the Web Site will let you leave the Web Site. Such links are provided solely as pointers to services or information on topics that may be useful to visitors to the Web Site, and MPA has no control over the content on such linked sites (or any link contained in a linked site). If you choose to link to a Web Site not controlled by MPA, MPA makes no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does MPA warrant that such site or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. Links to Web Sites not operated by MPA do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered on such sites, or any representation regarding the content at such sites. MPA also advises you to examine the terms of use and privacy statements of any third-party Web site.[MB1]
Proprietary Rights
Except for references to materials in the public domain (-e.g., statutes, regulations, and governmental reports), all materials on the Web Site (as well as the organization and layout of the Web Site) are owned and copyrighted by MPA or its suppliers. © Copyright 2017-2023, MPA LLC. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials on the Web Site is permitted without the written permission of MPA.
Arbitration
By accessing the Web Site and using the information therein available through the Web Site, and/or by purchasing any products or services made available through the Web Site, you agree that MPA, its service providers, their affiliates, parents, subsidiaries and any other content provider or offeror of goods or services on the Web Site or through any other associated activity, that any claim or dispute ("Claim"), you may have against or with any of these persons or entities, whether related to the Terms of Use or the Privacy Policy, the purchase of any product or service or to the Content, including the enforceability of this arbitration clause, and whether under a statute, in contract, tort, or otherwise and whether for money damages, or declaratory or equitable relief, shall be resolved by binding arbitration before a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association. Any arbitration hearing at which you appear will take place within the District of Columbia, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall have no power or authority to make any award that provides for punitive or exemplary damages. Each party shall bear its own costs in connection with any arbitration proceedings. The parties shall equally share the fees of the arbitration and the arbitrator. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (the "FAA"). The arbitrator shall follow -applicable substantive law, to the extent consistent with the FAA, and applicable statutes of limitations and shall honor any claims or privilege recognized by law. If any party requests, the arbitrator shall write an opinion containing the reasons for the award. NO CLAIM SUBMITTED TO ARBITRATION SHALL BE HEARD BY A JURY, AND NO CLAIM MAY BE BROUGHT AS A CLASS ACTION OR AS A PRIVATE ATTORNEY GENERAL. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim. This Arbitration Section of the Term of Use applies to all Claims now in existence or that may arise and shall survive the termination of any dealings with MPA, the Web Site or the Content. For the purposes of this Arbitration section, "we" and "us" means MPA, its parent, subsidiaries, affiliates, licensees or sublicensees, predecessors, successors, assigns and all of their officers, directors, employees, agents and assigns or any and all of them. Additionally, "we" or "us" shall mean any third party providing benefits, services, or products in connection with the Web Site and all of their officers, directors, employees and agents if, and only if, such a third party is named by you as a co-defendant in any Claim you assert against us. If any part of this Arbitration section is found to be invalid or unenforceable under any law or statute consistent with the FAA, the remainder of this Arbitration section shall be enforceable without regard to such invalidity or unenforceability. THE RESULT OF THIS ARBITRATION SECTION IS THAT CLAIMS CANNOT BE LITIGATED IN COURT, INCLUDING SOME CLAIMS THAT COULD HAVE BEEN TRIED BEFORE A JURY, AS CLASS ACTIONS OR AS PRIVATE ATTORNEY GENERAL ACTIONS.
Trademarks
Except as otherwise expressly indicated, MPA owns all trademarks, service marks, certification marks, and logos featured on this site, including the term "MPA," Use of these marks without the prior express written permission of MPA is expressly prohibited.
Force Majeure
Notwithstanding any other term or condition of the Terms of Use, MPA shall not be obligated to perform or observe its obligations undertaken in the Terms of Use if prevented or hindered from doing so by circumstances beyond its control.
Indemnification
By using the Web Site and Content, you will indemnify and hold harmless MPA and its employees, officers, directors, providers and other agents from any and all claims and losses imposed on, incurred by or asserted as a result of or related to: (a) any non-compliance by you with the Terms of Use or the Privacy Policy; or (b) any third-party actions related to your use of the Web Site and the Content, whether authorized or unauthorized under the Terms of Use.
Term and Termination.
Upon notice to you, MPA may terminate your access to the Web Site and the Content, at any time and for any reason including, but not limited to, your breach of any term or condition of the Terms of Use.
Headings
Section headings are included for convenience only and are not to be used to construe or interpret the Terms of Use.
Waiver and Severability
No failure on the part of MPA or you to exercise and no delay in exercising any right, power, or privilege under the Terms of Use shall operate as a waiver thereof. If the exercise of any right, power or privilege shall to any extent be held invalid or unenforceable, the remainder of the Terms of Use shall not be affected thereby. Each term and provision of the Terms of Use shall be valid and enforceable to the fullest extent permitted by law.
Governing Law
The Terms of Use shall be deemed to have been made in the United States in the District of Columbia and shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the District of Columbia, without reference to principles of conflicts of laws thereof.
Jurisdiction and Venue
In the event of any court litigation arising under or related to the Terms of Use, the Web Site or the Content, MPA and you irrevocably consent to the exclusive jurisdiction of, and venue in, the courts, local and federal, of the District of Columbia and submit to the personal jurisdiction of the courts located the District of Columbia.
Entire Agreement
The Terms of Use constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior negotiations, communications, writings, and understandings. MPA may modify the Terms of Use from time to time. If you do not agree to a modification, you must stop using the Web Site and accessing all the Content and you must cancel any fee-based services. Your continued use of the Web Site after the effective date of any modification means that you agree to such modifications. If any provision of the Terms of Use is invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
Conflict
In the case of any conflict between the Terms of Use and any additional terms and conditions to which you may agree by accessing or using specific Content, the additional terms and conditions relating to the specific Content shall control in connection with your access to or use of that Content.
Notices
All notices and other communications under the Terms of Use shall be in writing and shall be directed to MPA at the address below or to you at the email address or postal address provided by you, if any. Notice shall be deemed to have been duly given upon actual receipt by a party, or upon constructive receipt if sent by certified mail, postage pre-paid, return receipt requested, at such address or any other address, as any party hereto shall hereafter specify by Notice to the other party hereto.
Address and Phone Number of MPA
Mortgage Policy Advisors LLC
One Thomas Circle NW Suite #700 Washington, D.C. 20005
(202) 960-1600