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Terms of Use

The Mortgage M Web site is comprised of various Web pages operated by National Association of Mortgage Professionals. The NAMP.org and TheMortgageM Web sites are offered conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the NAMP Web Sites constitutes your agreement to all such terms, conditions, and notices.

The resources available to you on the Web sites (the "TheMortgageM.com" / "NAMP.org" / "TheMortgageM.org" Web sites), including audio and visual information, documents, text, services and content, are provided to you by National Association of Mortgage Professionals ("NAMP TM "), subject to the following Terms of Use. NAMP reserves the right to update these Terms of Use at any time without notice to you. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of each "TheMortgageM.com, NAMP.org, TheMortgageM.org web page.

ACCEPTANCE OF TERMS: By using the NAMP Web sites to access and use the content, you acknowledge and agree that you have fully read, and agree to be bound by, the provisions of these Terms of Use, exactly as if they were printed on paper and signed by you. If you do not agree to be bound by these Terms of Use in their entirety, or do not agree with any later modified Terms of Use, then you must immediately stop using the NAMP Web sites. If you access or use the content in the course of your employment or business, you enter into these Terms of Use both on your own behalf and in your individual capacity as an employee, officer, agent, partner, etc. 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 NAMP Web sites and you in your capacity as a representative of your organization.

WEB CONTENT DISCLAIMERS: The information and services offered on the NAMP Web sites are provided with the understanding that neither NAMP 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 NAMP. Your use of the sites is subject to the additional disclaimers and caveats that may appear throughout the sites. Individual services offered on the NAMP Web sites also may have separate Terms of Use that apply to such services to which you will agree by using the services. NAMP 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 sites. While NAMP strives to keep the information on the sites accurate, complete, and up-to-date, NAMP cannot guarantee, and will not be responsible for any damage or loss related to the accuracy, completeness, or timeliness of the Content. NAMP MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT OF THE NAMP WEB SITES. THE CONTENT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND IS FOR REFERENCE PURPOSES ONLY. NAMP HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE CONTENT, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY; INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; OF CONDITION, QUALITY, DURABILITY, SUITABILITY, MERCHANTABILITY, 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, NAMP MAKES NO REPRESENTATION THAT THE WEB PAGES 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 NAMP 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 NAMP WEB SITES OR WITH THE DELAY OR INABILITY TO USE THE WEB SITES, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THE WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF NAMP 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 NAMP, 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. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. BECAUSE THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, CHANGES ARE PERIODICALLY MADE TO THE CONTENT. NAMP MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT (INCLUDING REMOVAL OF CONTENT) AT ANY TIME. ALL CHANGES, UPDATES, AND ENHANCEMENTS TO THE CONTENT ARE SUBJECT TO THESE TERMS OF USE.

NON-COMMERCIAL USE LIMITATION: Access to 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 NAMP Web sites.

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 NAMP to implement reasonable security precautions, NAMP does not guarantee or warrant that such events will not take place. You agree to follow all access and security procedures provided from time to time by NAMP, 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 NAMP.

PRIVACY AND PROTECTION OF PERSONAL: See the Privacy Policy for information regarding the collection and use of your personal information.

NO PROHIBITED OR UNLAWFUL USE: As a condition of your use of the Web sites, you will not use the content or access the NAMP Web sites 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 NAMP Web sites, or otherwise prohibited by these terms, conditions, and notices. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Web sites. NAMP reserves the right to terminate your use of the NAMP Web sites, in its sole discretion, with or without notice, if NAMP reasonably believes that your conduct fails to conform to these Terms of Use.

LINKS TO THIRD PARTY SITES: Links on the Web sites will let you leave the NAMP Web sites. Such links are provided solely as pointers to services or information on topics that may be useful to visitors to the NAMP Web sites, and NAMP 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 NAMP, NAMP 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 NAMP 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 non-NAMP Web sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such sites. NAMP also advises you to examine the terms of use and privacy statements of any third party Web site.

COPYRIGHT, PROPRIETARY RIGHTS, AND TRADEMARK NOTICES: All content except for reference materials in the public domain, all materials on the Web sites are owned and copyrighted by NAMP or its suppliers. © Copyright 2007 National Association of Mortgage Professionals. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials at the sites is permitted without the written permission of NAMP.

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.

ARBITRATION: By accessing the Web sites and using the information therein available and/or by purchasing any products or services made available through the NAMP sites, you agree with NAMP, its service providers, their affiliates, parents, subsidiaries and any other content provider or offer or of goods or services on this site or through any other associated activity, that any claim or dispute, you may have against or with any of these persons or entities, whether related to the purchase 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 ("FAA"). The arbitrator shall follow existing substantive law of the District of Columbia, without regard to its choice or conflict of laws provisions, 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 IS 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 applies to all claims now in existence or that may arise and shall survive the termination of any dealings with us.

For the purposes of this Arbitration Section, "we" and "us" means NAMP, 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 sites 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.

MISCELLANEOUS: NAMP's failure to insist upon strict enforcement of any provision in these Terms of Use shall not be construed as a waiver of any provision or right.

In the case of any conflict between these Terms of Use and the specific Terms of Use to which you may agree by using specific services on the Web sites, the Terms of Use relating to the service will control in connection with your use of that service.

Advertising Policy

The following guidelines have been established by NAMP to govern various aspects of advertising. For these purposes, "Advertising and Advertisements" include banner, badge, contextual advertising, sponsorship content, and promotions. These regulations govern issues such as acceptance of advertisements and promotions by NAMP, the manner of display of advertisements and promotions on the NAMP sites, and the removal of advertisements and promotions from the NAMP sites. Labeling of sponsored content is governed by our sponsor policy. NAMP has sole and absolute discretion with respect to interpretation and enforcement of this policy and all other issues associated with advertising on the NAMP sites. NAMP may change this policy at any time in its sole discretion by posting a revised policy to the NAMP sites.

NAMP has sole discretion for determining the types of advertising that will be accepted and displayed on the NAMP sites, and under no circumstances shall NAMP's acceptance of any advertisement be considered an endorsement of the product(s) and/or service(s) advertised or for the company that manufactures, distributes, or promotes such product(s) or service(s).

NAMP will not accept advertising that, in NAMP's opinion, is not factually accurate and in good taste. NAMP will not permit at any time the placement of any advertising for illegal or objectionable products. Advertising must not contain fraudulent, deceptive, or offensive material, including material that misrepresents, ridicules, or attacks an individual or group on the basis of age, color, national origin, race, religion, sex, sexual orientation, or handicap.
Advertising must not be related to any of the following: alcohol, firearms, ammunition, fireworks, gambling, pornography, tobacco, or the simulation of news or an emergency.

Advertisers must only offer products or services, which are readily available for purchase at the advertised price (with noted tax and delivery fees). The advertising must also clearly identify the advertiser. Any advertising that could be misconstrued as editorial content will be clearly labeled as Advertising.

NAMP recognizes and maintains a distinct separation between advertising content and editorial and decision-making content. All advertising content on the NAMP sites shall be clearly and unambiguously identified as such, and NAMP will not run any advertising on the NAMP sites that is not so identified. Clicking on the ad will link you to an advertiser's site, to relevant information on NAMP, or to a sponsorship on NAMP. Sponsorships are labeled as being sponsored and the name of the sponsoring entity is displayed. See Sponsorships for more information.

NAMP retains the exclusive right to determine the way in which any and all search results for specific information by keyword or topic are displayed on the NAMP sites. NAMP search results are not influenced based on monetary incentives provided by Advertisers or Sponsors. As described in "What is a Sponsored Link" in connection with the sponsored links served by Google, these "Sponsored Links" are listings that have been purchased by companies that want to have links to their sites appear adjacent to search results in response to specific terms. NAMP may receive payment from Google in connection with displaying such sponsored link results. Content listed in search results is displayed with its source e.g. "NAMP News." If Sponsoreships appears in the displayed search results, it is labeled as "Sponsored" so that users can make informed decisions about the content they wish to view. In addition, NAMP provides a separate area on the search results page labeled "From Our Sponsors" in which sponsors and advertisers may purchase space to list their content or advertising. See Sponsorships for more information.

NAMP reserves the right to reject, cancel, or remove at any time any advertising from the NAMP sites for any reason and will provide prompt notice to the advertiser upon rejection, cancellation, or removal of any advertising, together with an explanation following the rejection, cancellation, or removal. NAMP also reserves the right to determine the appropriate placement of the Advertising on the NAMP sites.

It is the responsibility of the Advertiser to comply with all applicable domestic and foreign laws, including applicable laws and regulations of regulatory bodies. NAMP will not monitor compliance with applicable laws and regulations. However, NAMP reserves the right to review all advertising for compliance with applicable laws and regulations and, if NAMP becomes aware of any breach or potential breach of any applicable law or regulation or of these guidelines, NAMP may remove the advertising.

No advertising shall be permitted which may injure the good name or reputation of NAMP or the NAMP sites.

 

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© Copyright 2007. All rights reserved.
National Association of Mortgage Professionals™
Terms of Use and Privacy Policy
© 2007 NATIONAL ASSOCIATION OF MORTGAGE PROFESSIONALS™ and THE MORTGAGE M™. All rights reserved.
TheMortgageM.com™ is the official member site of the National Association of Mortgage Professionals™ and is operated by NAMP, Inc.
All participating lenders and brokers should adhere to Fair Housing and Equal Opportunity,
for more information please visit The Office of Fair Housing and Equal Opportunity.

MORTGAGE M™ - A registered collective membership mark that identifies a mortgage professional
who is a member of the NAMP™ and subscribes to The Gold Standard Professional Code.