Terms Of Use

This page tells you the terms (“Terms of Use”) on which users (“You” or “Your”) make use of our website www.themortgagenote.org (the “Website) operated by The Mortgage Note(“we”, “us” or “our”).

Accessing our Website.

Access to our Website is permitted on a temporary basis for your personal purposes of a non-commercial, informational nature, and we reserve the right to amend the information or withdraw any services we may provide on our Website without notice.  We will not be liable if for any reason our Website is unavailable at any time or for any period.  You are responsible for making all arrangements necessary for you to have access to our Website.  You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use, and that they comply with them.

Our Content.

When You access the Website and/or Services, You obtain access to various kinds of information and materials, all of which we call “Content.”  You understand and acknowledge that we or our licensors own all intellectual property and proprietary rights to the Content we provide on the Website plus any software, code and/or systems in the Website (collectively, “Our Property”).  Our Property may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors.  You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Property.  Our Property including certain of the names, logos, and other materials displayed on the Website or in the Services constitute trademarks, tradenames, service marks or logos (“Marks”) of us or other entities.  You are not authorized to use any such Marks.  Ownership of all such Marks and the goodwill associated therewith remain with us or those other entities. 

Content you Post.

Any material you upload to our Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose.  We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, breach of their confidential information or their right to privacy. It is our policy to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by You or any other user of our Website.

You agree not to revise Content posted by others, and You represent and warrant that You will not post or use any Content in any manner that:

  • Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
  • violates the privacy, publicity, or other rights of third parties; or
  • is discriminatory, defamatory, obscene, threatening, abusive, or hateful, as determined by us in our sole discretion; or is false or inaccurate.

Though we strive to enforce the above rules with all of our users and our other customers, You may be exposed through the Website to Content that violates our policies or is otherwise offensive. You access the Website at Your own risk.  We may, but are not obligated to remove Content from the Website if we determine or suspect that the Content violates these Terms of Use.  We take no responsibility for Your exposure to Content on the Website or through the Services whether it violates our content policies or not.

Copyright Violations. 

We respect the intellectual property of others, and we ask You to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, please send us the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that You claim has been infringed;
  • a description of where the material that You claim is infringing is located on the Website;
  • Your address, telephone number, and e-mail address;
  • a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

Please send notices of claims of copyright infringement to: [email protected].

General Rules of User Conduct. 

  You agree not to, and represent and warrant that You will not do any of the following:

  • Conduct or promote any illegal activities while using the Website;
  • upload, distribute or print anything that may be harmful to minors;
  • attempt to reverse engineer or jeopardize the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Website;
  • attempt to gain access to secured portions of the Website to which You do not possess access rights;
  • upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
  • use the Website to generate unsolicited email advertisements or SPAM; allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (SPAM);
  • use the Website to stalk, harass or harm another individual;
  • use any high volume automatic, electronic or manual process to access, search or harvest information from the Website (including without limitation robots, spiders or scripts);
  • interfere in any way with the proper functioning of the Website or interfere with or disrupt any servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
  • impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity; or
  • frame the Website, place pop-up windows over its pages, or otherwise affect the display of its pages.

Information about You and Your Visits to our Website. 

We process information about you in accordance with our Privacy Policy. The Privacy Policy is incorporated in these Terms of Use.

Third Party Content and Other Sites

Content from other users and other third parties may be made available to you through the Website.  Because we do not control such content, you agree that we are not responsible for any such content.  We make no guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other users, advertisers, and other third parties or violation of any third party rights related to such content.  The Website may contain links to websites not operated by us.  We are not responsible for the content, products, materials, or practices (including privacy practices) of such websites.  You understand that by using the Website you may be exposed to third-party websites that you find offensive, indecent or otherwise objectionable.  We make no warranty, representation, endorsement, or guarantee regarding, and accept no responsibility for, the quality, content, nature or reliability of third party websites, products or services accessible by hyperlink or otherwise from the Website.  We provide these links for your convenience only and we do not control such websites.  Our inclusion of links to such websites does not imply any endorsement of the materials on such third party websites or any association with their operators.  It is your responsibility to review the privacy policies and terms of use of any other website you visit.  You agree that in no event will we be liable to you in connection with any websites, content, products, materials, or practices of any third party, including other users.

Service Modification or Termination. 

We reserve the right at any time and from time to time to modify or discontinue (whether temporarily or permanently) the Website or any part thereof, with or without notice. We will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Website. We may also, in our sole discretion, under any circumstances, for any or no reason whatsoever and without prior notice to you, immediately terminate your access to the Website and will not be liable or responsible to you or any third party for such termination.

Disclaimer

THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED WITHIN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE WEBSITE OR SERVER FROM WHICH IT IS PROVIDED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF CONTENT ON THE WEBSITE OR WITH RESPECT TO ITS COMPLETENESS, ACCURACY, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE WEBSITE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES.  YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE WEBSITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTIES OR FOR ANY INFORMATION APPEARING ON THIRD PARTY SITES.  IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY USER.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU.  TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL WE OR OUR LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.

Indemnification. 

You agree to indemnify, defend and hold us harmless as well as our, affiliates, and each of our officers, directors, members, employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from (1) any of the content you submit, post or transmit through the Website, (2) your use of the Website, (3) your violation of these Terms of Use, (4) your violation of any rights of any other person or entity or (5) any viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by You into the Website.

Jurisdictional Issues.

The Website is operated in the United States and the Website and Content thereon is intended for U.S. users. We make no representation that materials or information on the Website are appropriate or available for use outside of the United States, and access to them from jurisdictions where their content is illegal is prohibited. Those who choose to access a Website outside of the United States do so at their own initiative and are responsible for compliance with applicable local laws.

Choice of Law, Miscellaneous

You are responsible for compliance with all applicable laws.  These Terms of Use and the relationship between You and us will be governed by the laws of the District of Columbia without giving effect to any choice of laws principles that would require the application of the laws of a different country or state.  Any legal action, suit or proceeding arising out of or relating to these Terms of Use, or Your use of the Website must be instituted exclusively in the Superior Court of the District of Columbia or the United States District Court for the District of Columbia. You further consent to exclusive personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court.  These Terms of Use are personal to You, and You may not transfer, assign or delegate Your right and/or duties under these Terms of Use to anyone else and any attempted assignment or delegation is void.  You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of Your obligations hereunder.  The paragraph headings in these Terms of Use, shown in boldface type, are included only to help make these Terms of Use easier to read and have no binding effect.  Any delay or failure by us to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.  No waiver by us shall have effect unless such waiver is set forth in writing, signed by us; nor shall any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms of Use constitute the complete and exclusive agreement between You and us with respect to the subject matter hereof, and supersede all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision or portion of these Terms of Use will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Use will continue in full force and effect.

Contact Information.

If you have any questions about these Terms of Use please contact us at [email protected].

Effective: February 26, 2020