Thank you for selecting the Services offered by Mortgage Solutions of Colorado, LLC, d/b/a Mortgage Solutions Financial (“MSC”). Review these Terms of Service (“Agreement”) thoroughly. This Agreement is a legal agreement between any and all visitors to our site, whether registered or not (“User” or “You”) and MSC. By accepting electronically (by clicking “I Agree”), installing, accessing or using the Services, you agree to these terms and all terms incorporated herein by reference. If you do not agree to this Agreement, then you may not use the Services. This Agreement is effective as of 4/1/2020.
This Agreement describes the terms governing your use of the MSC online services provided to you on our website and applications, which may include mobile applications and other applications made available on social media sites, including content, updates and new releases, (collectively, the “Services”). It includes by reference:
- Additional terms and conditions, which may include those from third parties.
- Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc.
2. Your rights to use the Services
The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by MSC. MSC reserves all other rights in the Services, including the right to amend, cancel or cease offering any of the Services. Your continued use of the Services as amended shall constitute your acceptance of such updates, changes and/or modifications. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, MSC grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.
2.2 You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
- Provide access to or give any part of the Services to any third party.
- Reproduce, modify, copy, deconstruct, sell, trade or resell the Services.
- Make the Services available on any file-sharing or application hosting service.
3. Use with your mobile device
Use of these Services may be available through a compatible mobile device, and may require Internet access and software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
MSC MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
- THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
- ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
- ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
4. Your personal information
You are responsible for protecting the information on your computer such as by installing anti-virus software, updating your software, password protecting your files, and not permitting third party physical or electronic access to your computer.
5.1 You are responsible for your content. You are responsible for all materials (“User Content”) uploaded, posted or stored through your use of the Services. Archive your content frequently. You are responsible for any lost or unrecoverable content. However, MSC is committed to protecting your User Content through standards and procedures designed to prevent misuse of your User Content. . You agree to provide true, accurate, current and complete information about yourself and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate. You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
a. Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
b. Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy;
c. Except as permitted by MSC in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
d. Virus, Trojan horse, worm or other disruptive or harmful software or data; and any information, software or content which is not legally yours and used without permission from the copyright owner or intellectual property rights owner.
5.2 Content You Provide And Is Derived by Use of the Services. You are licensing to MSC and its service providers (“Service Provider”), any information, data, passwords, materials or other content (collectively described above in Paragraph 5.1 as “User Content”) you provide through or to the service. MSC and Service Provider may use, modify, display, distribute and create new material using such User Content to provide the service to you. MSC and Service Provider may also use, sell, license, reproduce, distribute and disclose aggregate, non-personally identifiable information that is derived through your use of the Service. By submitting User Content, you automatically agree, or promise that the owner of such content has expressly agreed that, without any particular time limit, and without the payment of any fees, MSC and Service Provider may use the User Content for the purposes set out above. As between MSC and Service Provider, MSC owns your confidential account information.
5.3 Community forums. The Services may include a community forum or other social features to exchange Content and information with other Users of the Services and the public. Please use respect when you interact with other Users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which MSC is not responsible.
5.4 MSC may freely use feedback you provide. You agree that MSC may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant MSC a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to MSC in any way.
5.5 MSC may monitor your User Content. MSC may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect MSC or its customers, or operate the Services properly. MSC, in its sole discretion, may refuse to post, remove, or refuse to remove, any User Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
5.6 Proprietary content. You are permitted to use content delivered to you through the service only on the Services. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the service technology, including but not limited to, any Java applets associated with the Services.
6. Additional terms
6.1 No advice and/or information, despite whether written or oral, that may be obtained by you from MSC by way of these Services shall create any warranty not expressly stated in the Agreement. 6.2 We may tell you about other MSC services. You may be offered other services, products, or promotions by MSC (“MSC Services”). Additional terms and conditions and fees may apply. With some MSC Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, etc., to the Internet. You grant MSC permission to use information about your business and experience to help us to provide the MSC Services to you and to enhance the Services. You grant MSC permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant MSC permission to share or publish summary results relating to research data and to distribute or license such data to third parties.
6.3 Communications. MSC may be required by law to send you communications about the Services or Third Party Products. You agree that MSC may send these communications to you via email or by posting them on our websites.
6.4 You will manage your passwords. You are responsible for securely managing your password(s) for the Services and to contact MSC if you become aware of any unauthorized access to your account or password or any other breach of security. You are the only person authorized to use your User ID and password and for maintaining the confidentiality of your User ID and password. You shall not permit or allow other persons to have access to or use your User ID and password. You are responsible for the use of the Services under your User ID. You must remember your User ID and password to electronically transfer your personal information into another transaction. MSC shall not be held liable for any loss and/or damage arising from any failure to comply with this term of the Agreement.
6.5 Import Services. The MSC online software may include a feature that allows you to import, where applicable, certain information from participating software providers. You are responsible for verifying the accuracy of the information that is imported.
6.6 Help and Support. MSC may use a variety of methods (e.g., in-product, Internet, e-mail, chat, fax and phone) to provide technical support and customer service in connection with the Services. The terms and conditions governing the offering of this support, which may require the payment of an additional fee, are subject to change as announced by MSC from time to time.
6.7 Third Party Accounts. By using the Services, you authorize MSC, its Affiliates, and its Suppliers to access third party sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant MSC, its Affiliates, and its Suppliers a limited power of attorney, and you hereby appoint MSC , its Affiliates, and its Suppliers as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN MSC ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES, MSC, ITS AFFILIATES, AND ITS SUPPLIERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the service is not endorsed or sponsored by any third party account providers accessible through the service. You acknowledge that through the use of this service, MSC shall have access to your account credentials, including, but not limited to login username and passwords.
6.8 Third Party Services. To facilitate Third Party Services, MSC may be required to obtain your explicit consent for disclosure and/or use of the information you have provided to MSC. By accepting these agreements and consents you authorize MSC to use and disclose your contact information, including name and address, for the purpose of making the Services you choose available to you. Your participation in such Third Party Services indicates your acceptance of such terms and conditions for such Third Party Services.
6.9 No Agent. You agree that MSC is not acting as your agent or fiduciary in connection with your use of the Software or any Services.
7. Disclaimer of warranties
7.1 YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MSC, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY,”SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. MSC AND ITS AFFLIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
7.2 MSC AND ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
7.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
8. Limitation of liability and indemnity
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF MSC, ITS AFFILIATES, EMPLOYEES, OFFICERS AND AGENTS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, MSC, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET MSC SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF MSC AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF MSC, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
You agree to indemnify and hold MSC and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as “Claims”) or infringement by any other user of your account, of any intellectual property or other right of anyone. MSC reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by MSC in the defense of any Claims.
MSC SHALL NOT BE LIABLE FOR ANY DEFAULT OR DELAY IN THE PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT ITS PERFORMANCE IS DELAYED OR PREVENTED DUE TO CAUSES BEYOND ITS REASONABLE CONTROL, SUCH AS ACTS OF GOD, NATURAL DISASTERS, TERRORIST ACTS, WAR OR OTHER HOSTILITIES, LABOR DISPUTES, CIVIL DISTURBANCES, THE ACTIONS OR OMISSIONS OF THIRD PARTIES, ELECTRICAL OR COMMUNICATION SYSTEM FAILURES, OR GOVERNMENTAL ACTION.
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the changes.
MSC may immediately, in its sole discretion and without notice, terminate this Agreement or suspend the Services if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect MSC’s rights to any payments due to it. Sections 2.2 through 14 will survive and remain in effect even if the Agreement is terminated.
11. Export restrictions
You acknowledge that the Services, including the mobile application, and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you will comply with these laws and regulations, and will not export or re-export any part of the Services, in violation of these laws and regulations, directly or indirectly.
12. Governing law
Colorado state law governs this Agreement without regard to its conflicts of laws and provisions. You agree to the exclusive jurisdiction of state courts in El Paso County, Colorado U.S.A. or the U.S. District Court located in said state. You and MSC agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction by such courts and to venue in such courts. MSC does not represent that the Services are appropriate or available for use in all countries. You are accessing the Services on your own initiative and you are responsible for compliance with all applicable laws.
13. Statute of Limitations
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the Agreement must be filed within two years after said claim or cause of action arose or shall be forever barred.
This Agreement is the entire agreement between you and MSC and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without written approval of MSC. However, MSC may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by MSC or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact MSC via an email to: email@example.com.
Last updated: April 2020