Your use of Mortgage Coach products, software, services and web sites (“Services”) is subject to the terms of a legal agreement between you and Wowtools, Inc. dba The Mortgage Coach (“TMC,”we,””us,” or “our”). We may change the Terms and Conditions from time to time and at any time without notice to you, by posting such changes on the Mortgage Coach Website.
Accepting the Terms
In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. We may change the Terms and Conditions from time to time and at any time without notice to you, by posting such changes on the Mortgage Coach Website.
You can accept the Terms by:
- Clicking to accept or agree to the Terms, where this option is made available to you by TMC
- By actually using the Services. In this case, you understand and agree that TMC will treat your use of the Services as acceptance of the Terms from that point onwards.
Provisions of the Services
TMC has affiliated legal entities. Sometimes, these companies will be providing the Services to you on behalf of TMC. You acknowledge and agree that these affiliates will be entitled to provide the Services to you.
TMC is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services provided may change from time to time without prior notice to you.
As part of this continuing innovation, you acknowledge and agree that TMC may change, discontinue or deprecate any of the Services or change or remove features or functionality of the Services from time to time. We will not notify you of any material change to or discontinuation of Services (permanently or temporarily) providing the Services (or any features) to you or the users at TMC’s sole discretion, without prior notice to you.
You acknowledge and agree that while TMC may not currently have set a fixed upper limit on the number of transmissions you may send through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by TMC at any time, at TMC’s discretion.
Use of the Services by you
In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Services, or as part of your continued use of the Services. You agree that any registration information you give TMC will always be accurate, correct and up to date.
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
You agree that you are solely responsible for (and that TMC has no responsibility to your or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage with TMC may suffer) of any such breach.
As between you and us, you or your End-Users own all right, title and interest in and to Your Content. Except as provided in this section we obtain no rights under this Agreement from you or your End-Users to Your Content, including any related intellectual property rights. You consent to our use of Your Content to provide the Services to you and any End Users. We may disclose Your Content to provide the Services to you or any End Users or to comply with any request of a governmental or regulatory body (including subpoenas or court orders).
You represent and warrant to us that (a) you or your End Users’ own all right, title, and interest in and to Your Content (b) you have all rights in Your Content necessary to grant the rights contemplated by this Agreement; and (c) none of Your Content or End Users’ use of Your Content will violate the Accept.
You are solely responsible for the development, content, operation, and maintenance, and use of Your Content. For Example, You are solely responsible for:
(a) Compliance of Your Content with the Acceptable Use Policy, the other Policies and the Law;
(b) Any claims relating to Your Content;
(c) Properly handling and processing notices sent to you (or any of your affiliates) by any person claiming that Your Content violate such person’s right, including notices pursuant to the Digital Millennium Copyright Act.
(d) The technical operation of Your Content, including ensuring that calls you make to the Services are compatible with then-current APIs for that Service.
You are responsible for properly configuring and using the Services and taking your own steps to maintain appropriate security, protection, and backup of Your Content.
Mortgage Coach Statement of Privacy
No Unlawful or Prohibited Use
As a condition of your use of the Services, you warrant to TMC that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Services in any manner which could damage, disable, overburden or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.
Use of Communication Services
Mortgage Coach Services may contain bulletin boards services, social networking sites, chat areas, news groups, video/voice/call capturing services, forums, communities, personal web pages, calendars and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
a) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity of others)
b) Publish, post, upload, distribute of disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful top, name, material or information.
c) Upload files that contain software or other material protected by intellectual property laws (or by right of privacy and publicity) unless you own or control the rights thereto or have received all necessary consents.
d) Upload files that contain viruses, corrupted files or any other similar software of programs that may damage the operation of another’s computer.
e) Advertise of offer to sell or buy any goods or services for any business purpose, unless such Communication Service specially allows such messages.
f) Conduct or forward surveys, contests, pyramid schemes or chain letters.
g) Download any file posted by another use of the Communication Service that you know, or reasonably should know, cannot be legally distributed in such a manner.
h) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
i) Restrict or inhibit any other user from using and enjoying the Communication Services.
j) Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service
k) Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
l) Violate any applicable laws or regulations.
TMC has no obligation to monitor the Communication Services. However, Mortgage Coach reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. Mortgage Coach reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. TMC does not control or endorse the content, messages or information found in any Communication Service and, therefore, Mortgage Coach specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Mortgage Coach Spokespersons, and their views do not necessarily reflect those of Mortgage Coach.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Materials Provided to the Mortgage Coach or Posted through any Mortgage Coach Service
Mortgage Coach does not claim ownership of the materials you provide to Mortgage Coach (including feedback and suggestions) or post, upload, input or submit to any Mortgage Coach Service or its associated services (collectively “Submissions”). However, by posting, recording, uploading, inputting, providing or submitting your Submission you are granting Mortgage Coach, its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Mortgage Coach is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Mortgage Coach’s sole discretion.
By posting, uploading, recording, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
TMC reserves the right, but has no obligation, to monitor the information or material you or your End-Users submitted to the Services or post in any public area. TMC will have the right to remove any such information or material that in its sole opinion violates, or may violate any applicable law or either the letter or spirit of this Agreement or upon the request of a third party.
Links to Third Party Sites
Mortgage Coach Services may contain links to other Web Sites (“Linked Sites”). The Linked Site are not under the control of TMC and TMC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. TMC is not responsible for webcasting or any other form of transmission received from any Linked Site. TMC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TMC of the site or any association with its operators.
Risk Assumption and Precautions
You and your End-Users assume all risk when using the Services, including by not limited to all the risks associated with any online or offline interactions with others.
Your Passwords and Account Security
You and your End-Users agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account used to access the Services.
Accordingly, you agree that you will be solely responsible to TMC for all activities that occur under your account.
If you become aware of any unauthorized use of your password or of your account, you agree to notify TMC immediately at email@example.com.
The Services which you use may automatically download and install updates from time to time from TMC. These updates are designed to improve, enhance, and further develop the Service and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates and permit TMC to deliver these to you as part of your use of the Services.
We may suspend your or any End User’s right to access or use any portion or all of the Services immediately without notice if we determine:
(a) Your or an End User’s use of the Services (i) poses a security risk to the Services or any third party, (ii) may adversely impact the Service or the systems or Content of any other Mortgagee Coach member, (iii) may subject us, our affiliates, or any third party to liability, or (iv) may be fraudulent:
(b) (b) you are, or any End user is, in breach of this Agreement, including if you are delinquent on your payment obligations for more in excess of 15 days; or
(c) You have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding.
If we suspend your right to access or use any portion or all of the Services:
(a) You remain responsible for all fees and charges you have incurred through the date of suspension;
(b) You will not be entitled for services credits for any period of suspension;
(c) We will not erase Your Content as a result of your suspension, except as specified elsewhere in this Agreement.
(d) We may charge you a restart fee to regain access to Your Content.
Fees and Payments
We calculate and bill fees in advance of the agreement period. You will pay us the applicable fees and charges for use of the Services using of the payment methods we support. Fees and charges for any Services will be effective when we post the fees and charges. We may increase or add new fees and charges for any existing Services by giving you at least 30 days’ advance notice. We may charge you interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) on all late payments.
Promotional Offers (Promo Codes)
From time to time Mortgage Coach may provide Promotional Offers (Promo Codes) for specific terms. Promo code memberships are defined by the type of promo code used to activate a Mortgage Coach free trial and/or paid membership. Certain products and/or services may be excluded from promo code offers. Promo codes may not be combined for any reason. Promo codes are intended for single use only and may not be transferred to another person. Existing members are not eligible for promo code offers. Each promo code is valid for a limited time and expires on the date specified in the offer details. Promo code memberships are non-transferrable. A promo code has no cash value and is not for resale and may not be redeemable for cash. Mortgage Coach reserves the right to discontinue a promo code at any time.
For details regarding a specific promo code email firstname.lastname@example.org. Notate the promo code for which you are inquiring.
In order to provide continuous service, TMC automatically renews all paid subscriptions for the Services on the date of Services expiration. These renewals will be on a monthly basis unless specifically upgraded by the User to another renewal term. We always communicate renewal periods to in advance of the renewal date via a special email promotion. By entering into this agreement, you acknowledge that your account will be subject to the above-described automatic renewals. In all cases, if you do not wish your account to renewal automatically, please follow the directions set out under “Terminations and Refunds”
Terminations and Refunds
The term of this Agreement will commence on the Effective Date and will remain in effect until terminated by you or us in accordance with this section.
Except as otherwise stated in this section, you may cancel your membership to TMC Services at any time during the term of such membership by emailing email@example.com and advise you are requesting the cancellation of your membership. We may terminate this Agreement for any reason by providing you 30 days advance notice. In such case your membership will terminate at the end of the subscription term for which you have paid, and you will not receive any refund for any unused days of such subscription term.
30-Day Refund Policy. You may cancel Services and will be eligible for a full refund for the purchase of an annual term membership if your request to cancel Services is received within 30 calendar days of purchase. Payment plan programs are not subject to the 30-Day Refund policy.
Effect of Termination
Generally, upon any termination of this Agreement:
(a) All your right under this Agreement immediately terminate;
(b) You remain responsible for all fees and charges you have incurred through the date of termination, including fees and charges for in-process tasks completed after the date of termination;
Unless we terminate your use of the Services we will provide the following post termination assistance during the 30 days following termination:
(a) We will not erase any of Your Content as a result of the termination
(b) You may retrieve Your Content from the Services only if you have paid any charges for the post-termination use of the Services and all other amounts due; and
(c) We will provide you with the same post-termination data retrieval assistance that we generally make available to all customers.
(d) Any additional post-termination assistance for us is subject to charges and is subject to mutual agreement by you and TMC.
SERVICE CONTACT: firstname.lastname@example.org
Termination and Access Restriction
TMC reserves the right, in its sole discretion, to terminate your access to Mortgage Coach Services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of California, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Orange County, California, U.S.A. in all disputes arising out of or relating to the use of the Mortgage Services. Use of Mortgage Coach Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mortgage Coach as a result of this agreement or use of Mortgage Coach Services. Mortgage Coach’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Mortgage Coach’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Mortgage Coach Web Site or information provided to or gathered by Mortgage Coach with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Mortgage Coach with respect to Mortgage Coach Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Mortgage Coach with respect to Mortgage Coach Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
Copyright and Trademark Notices
All contents of Mortgage Coach Services are Mortgage Coach(c) 2012 All Rights Reserved.
Trademarks: The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
Notices and Procedure for Making Claims of Copyright Infringement: Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.