TERMS OF USE BETWEEN USER & MORTGAGE RADIO INC.

TERMS OF USE

This agreement (“Agreement”) governs the use of the Mortgage Radio Inc.’s Website and the statements made during any Mortgage Radio Show. It should be read before accessing this website (“Website”).  The Mortgage Radio Show, and www.themortgageradio.com, is owned by Mortgage Radio Inc. (herein after either referred to as “Mortgage Radio Inc.”).  The Mortgage Radio Show is for educational purposes only, and should not be relied upon by you in making any decisions about your finances, your mortgage, or any other financial decision.

By using this Website, you agree to be legally bound by this Agreement and the Terms of Use.  This Agreement is between you, the user of the website and listener of the Mortgage Radio Show, and Mortgage Radio Inc. If you do not consent, please do not use this Website. Mortgage Radio Inc. provides the information and services on this Website to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of this Website constitutes your agreement to all terms, conditions and notices.

This Website is for general informational purposes. It is not a substitute for actual legal, investment or professional advice. The information and services offered on this Website are provided with the understanding that Mortgage Radio Inc. is not engaged in rendering legal or other professional services or advice. Your use of the Website is subject to all disclaimers listed on this Website.

Mortgage Radio Inc., its owners, employees, agents, and affiliates assume 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 this Website. Mortgage Radio Inc. tries to keep the information on this Website accurate, complete and up-to-date, but we do not guarantee that is the most recent information available, nor do we guarantee that all opinions expressed or implied are accurate. Mortgage Radio Inc. and its sponsor, Network Capital Funding Corporation, cannot guarantee, and shall not be responsible for any damage or loss related to the accuracy of the information listed on the Website.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this Website, you warrant to Mortgage Radio Inc. that you will not use this Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. If you violate any of these terms, your permission to use the Website automatically terminates.

PROPRIETARY RIGHTS

All materials on this Website, as well as visual appearance, content structure, layout and structure are owned and/or licensed by Mortgage Radio Inc.. No unauthorized reproduction, distribution, or transmission of the materials at this Website is permitted without the written permission of Mortgage Radio Inc.. All rights reserved.

LINKS

This site may contain links to web sites controlled or offered by third parties. Mortgage Radio Inc. hereby disclaims liability for, any information, materials, products or services posted or offered at any of the third party sites linked to this web site. By creating a link to a third party web site, Mortgage Radio Inc. does not endorse or recommend any products or services offered or information contained at that web site, nor is Mortgage Radio Inc. liable for any failure of products or services offered or advertised at those sites. Such third party may have a privacy policy different from that of Mortgage Radio Inc. and the third party website may provide less security than the Mortgage Radio Inc. Website.

NO WARRANTY

The information and materials contained in this site, including text, graphics, links or other items are provided “as is”, “as available”. Mortgage Radio Inc. does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, expressed or statutory including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials. This site is for general information purposes and should not be relied upon as legal or professional advice.

LIMITATION OF LIABILITY

If you use this Site, you use it at your own risk. In no event will Mortgage Radio Inc., or its sponsor, Network Capital Funding Corporation, be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Mortgage Radio Inc., or representatives thereof, are advised of the possibility of such damages, losses or expenses. You agree to indemnify, defend and hold harmless Mortgage Radio Inc., and its sponsor Network Capital Funding Corporation, and its affiliates from any liability, loss, claim and expense (including attorney’s reasonable fees) related to your violation of this agreement. Mortgage Radio Inc. may, without prior notice, make changes to this site.

INTELLECTUAL PROPERTY

Mortgage Radio Inc., retains all rights (including copyrights, trademarks, patents as well as any other intellectual property right) in relation to all information provided on or via this web site (including all texts, graphics and logos). You may not copy, download, publish, distribute or reproduce any of the information contained on this web site in any form without the prior written consent of Mortgage Radio Inc. or the appropriate consent of the owner. However, you may print out and/or download information contained on this web site for your own personal use.

SUBMISSIONS

All information submitted to Mortgage Radio Inc. via this site shall be deemed and remain the property of Mortgage Radio Inc. and it shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information a visitor to this site provides through this Website. Mortgage Radio Inc. shall not be subject to any obligations of confidentiality regarding submitted information except as otherwise specifically agreed or required by law. 

COMMUNICATION ONLINE

Messages that you send by e-mail may not be secure.  Mortgage Radio Inc. recommends that you do not send any confidential information to it by e-mail. If you choose to send any messages via e-mail, you accept the risk that they may be intercepted, misused and modified by a third party.

AVAILABILITY

This site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.

Additional Terms

Certain sections or pages on this site may contain separate terms and conditions, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.

Governing Law

Use of this site shall be governed by all applicable Federal laws of the United States of America and the laws of the State of California.

MISCELLANEOUS

This Agreement and the resolution of any dispute related to this Agreement or this Website shall be governed by and construed in accordance with the laws of California without giving effect to any principles of conflicts of law. Failure by Mortgage Radio Inc. to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any legal action or proceeding between Mortgage Radio Inc., and you related to this Agreement shall be brought exclusively in the U.S. District Court, Northern District of California.

Mortgage Radio Inc. logos, product and service names are trademarks / servicemarks owned by Mortgage, Inc. (the “Marks”). You agree not to display or use in any manner, the Marks without the prior written permission of Mortgage Radio Inc.

NO MINOR USE

This Website is applicable to and should only be used by persons 18 years of age or older. Access and use of this Website by persons under the age of 18 is prohibited.

NO MINOR USE

This Website is intended to be accessed by persons located within the United States of America. Access and use of this Website by persons from locations other than the United States is prohibited.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Mortgage Radio Inc, its sponsor Network Capital Funding Corporation, its affiliates, subsidiaries, licensees, vendors, partners, and each of their respective directors, officers, owners, employees, and agents from and against any and all claims, actions, losses, damages, liabilities, judgments, settlements, costs and expenses (including, but not limited to, reasonable attorneys’ fees and court costs) arising out of or relating to: (a) your breach of these Terms or any applicable laws or regulations, (b) your access to or use of the Site and/or the Content, (c) your violation, breach or misappropriation of a third party’s copyright, patent, trademark, trade secret, right of privacy, right of publicity, or other intellectual property, proprietary or other right, and (e) any claims you may raise against third parties relating to third party products or services.