AllRegs - Web Site Terms of Use

Mortgage Resource Center, Inc. d/b/a AllRegs (“AllRegs”) operates this web site (the “Site”) to provide online access to and information about its products and services.  By accessing and using the Site, you agree to each of the terms of use set forth herein (the “Terms of Use”).  If you do not agree with any of the Terms of Use, you are not authorized to access or use the Site for any purpose. 

Additional terms and conditions may apply to access or use of specific areas of the Site or particular content, subscriptions, software or to effect certain transactions.  Such additional terms and conditions are posted in the applicable areas of the Site or provided in conjunction with such content, subscriptions, software or transactions.  Please note that if you are a registered user of AllRegs, your use of the Site and the Content is subject to the terms and conditions of the applicable Service Agreement between you and AllRegs.  Although the Terms of Use are incorporated by reference into such Service Agreement, to the extent there are any inconsistencies between the provisions in the Service Agreement and the provisions in these Terms of Use, the provisions of the Service Agreement shall control.

These Terms of Use, together with applicable additional terms and conditions, are referred to as the “Agreement.”  AllRegs reserves the right to modify this Agreement at any time.  Your use of the Site following any such modification constitutes your agreement to follow and be bound by this Agreement as modified. 

1. INTELLECTUAL PROPERTY

The Site, and all information and/or content that can be seen, heard or otherwise experienced on the Site, including without limitation all reports, text, video, graphics, audio, and other materials (collectively, the “Content”) are protected by U.S. and international copyright, trademark and other laws, and belong to AllRegs or to third parties.  You acknowledge that the Site and Content contain works of authorship of AllRegs and its licensors and, in addition, embody the selection, coordination and arrangement by AllRegs of pre-existing materials and original works of authorship created by AllRegs in enhancements thereto through the investment of substantial monetary and other resources.  You agree at all times to treat the Site and Content as proprietary information of AllRegs and to comply fully with the limitations on use contained herein.

You agree not to use the Site or the Content for any purpose other than as a general reference and research tool.  You agree that you shall use the Site and the Content for their intended purpose and shall not use the Site or Content for any purpose other than as specifically described in this Agreement.  In no event shall you access or use the Site or Content for the purpose or benefit of any third party, nor shall you access or use the Site or Content to provide consultation, advice, or service of any kind to any third party.  Unless otherwise restricted by AllRegs or any third party (with respect to such third party’s content on the Site), you may, on a limited basis, download, print and store portions of the Content that you select for such use, provided that a significant portion of the Site or Content is not downloaded, printed out or stored and all copyright, trademark and other proprietary notices on the site or in the Content are maintained.  No right, title or interest in any downloaded, printed or stored Content or materials is transferred to you as a result of any such downloading, printing or storing. AllRegs and any third party (with respect to such third party’s content on the Site) reserves complete title and full intellectual property rights in any Content you download from the Site.  You may not modify, reformat, copy, reproduce, display, distribute, repost, transmit, publish, license, sell, rent, transfer, or create derivative works from any Content or information obtained from the Site, except as expressly permitted by this Agreement.  You may not mirror or frame the home page or any other pages of the Site on any other web site or web page and may not connect links, including “deep links” to the Site.  You may not use a robot, scraper, or other automated means of accessing the Site.  You are prohibited from using any of the marks or logos appearing throughout the Site without express written consent from the trademark owner, except as permitted by applicable law.

2. DISCLAIMERS

1. No Legal or Other Professional Advice.  AllRegs does not engage in the practice of law and nothing on the Site constitutes legal advice.  If you desire legal advice, you must consult with an attorney.  AllRegs and this Site do not provide TAX, accounting or financial planning services.  If you desire TAX, accounting or financial planning services, you must consult with a licensed TAX PLANNER, accountant or financial planner.  The Content available via the Site is for general informational purposes only, and is not intended as a substitute for the professional judgment and services of a licensed attorney, tax professional, accountant, financial planner, or other professional.  Reliance on the Content is solely at your own risk. 
2. Accuracy/Currency.  The Content may contain technical, typographical or other errors or inaccuracies and may not be complete or current.  AllRegs does not warrant that any Content is accurate, complete or current.  AllRegs reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice.  AllRegs does not, however, guarantee that any errors, inaccuracies or omissions will be corrected. 
3. Security.  The Site is not a secure web site.  AllRegs cannot and does not ensure or warrant the security of any information collected by us or transmitted over the Internet.  You agree that any data transmission you make or receive through the Site is at your own risk.
4. Third Party Links.  Hypertext links to third party web sites or information are provided solely for your convenience, and do not constitute or imply an endorsement, sponsorship, or recommendation by AllRegs of the third party, the third-party web site, or the information contained therein, unless expressly stated on the Site.  You acknowledge and agree that AllRegs is not responsible for the availability of any such web sites and that AllRegs does not endorse or warrant, and is not responsible or liable for, any such web site or the content thereon. 
5. Downloading Files.  AllRegs cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.  By using the Site, you accept the entire risk as to the quality and performance of the Site and the accuracy of the Content.

3. DISCLAIMER OF WARRANTIES

NEITHER ALLREGS, ANY PROVIDER OF THIRD PARTY CONTENT, NOR THEIR RESPECTIVE AFFILIATES, AGENTS AND LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; OR MAKE ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS OR CURRENCY OF THE CONTENT OR THE RESULTS TO BE OBTAINED FROM USE OF THE SITE OR THE CONTENT; OR MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE OR THE CONTENT.  YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS AND EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY AND COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. 

4. LIMITATION OF LIABILITY

IN NO EVENT SHALL ALLREGS, ANY PROVIDER OF THIRD PARTY CONTENT, OR THEIR RESPECTIVE AFFILIATES, AGENTS AND LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE OR DATA, ARISING OUT OF OR CAUSED, IN WHOLE OR IN PART, BY ANY ERRORS OR OMISSIONS IN PROCURING, COMPILING, COLLECTING OR REPORTING THE INFORMATION IN THE SITE OR THE CONTENT, OR ARISING OUT OF THE ACCESS TO OR USE OF THE SITE OR THE CONTENT OR THE INABILITY TO ACCESS OR USE THE SITE OR THE CONTENT, WHETHER IN AN ACTION IN CONTRACT, TORT, PRODUCT LIABILITY, STRICT LIABILITY, STATUTE OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.  ALLREGS IS SPECIFICALLY NOT LIABLE FOR ANY DAMAGES OR LOSSES IF YOU PREPARE AN APPRAISAL OR ORIGINATE, UNDERWRITE, PURCHASE, SELL, SERVICE, TRANSFER OR TAKE ANY OTHER ACTION ON A LOAN BASED ON INFORMATION IN THE SITE OR THE CONTENT, EVEN IF SUCH INFORMATION IS INCORRECT OR INCOMPLETE.  SOME OF THE INFORMATION INCLUDED IN THE SITE AND THE CONTENT IS REPUBLISHED BY ALLREGS WITH THE EXPRESS WRITTEN PERMISSION OF THE AGENCIES, COMPANIES AND ORGANIZATIONS WHO HAVE AUTHORED AND OWN THIS INFORMATION.  THE SITE AND ACCESS TO THE CONTENT ARE PROVIDED SOLELY BY ALLREGS.  THE AGENCIES, COMPANIES AND ORGANIZATIONS DO NOT SPONSOR OR ENDORSE THE SITE OR THE CONTENT AND SPECIFICALLY DISCLAIM ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF THE SAME.  ALTHOUGH ALLREGS STRIVES TO INCLUDE THE MOST COMPREHENSIVE, CURRENT AND ACCURATE GUIDELINES IN THE SITE AND THE CONTENT, THIS SITE AND THE CONTENT IS MOST USEFUL AS A GENERAL GUIDE TO TODAY'S PRACTICES.  THE INFORMATION PROVIDED BY THE AGENCIES, COMPANIES AND ORGANIZATIONS CHANGES FROM TIME TO TIME AND ANY RELIANCE ON THE INFORMATION IN THE SITE OR THE CONTENT AS AN AUTHORITATIVE EXPRESSION OF THIS INFORMATION WOULD BE INAPPROPRIATE; RATHER, RELIANCE SHOULD BE PLACED ON THE MANUALS, MEMORANDUMS AND OTHER DOCUMENTATION DISTRIBUTED DIRECTLY BY THESE AGENCIES, COMPANIES AND ORGANIZATIONS.  IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. 

5. IDENTIFICATION NUMBER/PASSWORD; USER CONDUCT

You agree to maintain the confidentiality of and not disclose to any third party any identification number and/or passwords assigned to you and to notify AllRegs of any unauthorized use of such number or password, as well as any other breach of security of which you become aware.

You agree not to take any action that might compromise the security or integrity of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content. You agree not to use the Site in any manner that might interfere with the rights of AllRegs or any third party. You guarantee to AllRegs that you have the legal right to supply, post, or store any information or material you supply, post, or store to or on the Site (the “Data”), and that neither the Data, nor the provision thereof to AllRegs via the Site will violate any law, be offensive to AllRegs or any third party, or violate the rights of any person or entity.

6. USER SUPPLIED INFORMATION

If you supply any information via the Site or post any material to the Site (whether on a forum, discussion group, or otherwise), you guarantee to us that you have the legal right to supply or post such information or material and that it will not violate any law, be offensive to AllRegs or any third party, or violate the rights of any person or entity.  By supplying information or posting material, you give AllRegs the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display, modify, delete and/or create derivative works from this material, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.  

7. INDEMNIFICATION

You understand and agree that you are personally responsible for your behavior on the Site.  You agree to indemnify, defend and hold harmless AllRegs, its affiliates, licensors, employees, and agents from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, indirect, incidental, consequential, and/or exemplary damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, or any violation by you of this Agreement.

8. GENERAL PROVISIONS

1. Enforcement/ Choice of Law/ Choice of Forum.  Every provision of this Agreement will be construed, to the extent possible, so as to be valid and enforceable.  If any provision of this Agreement so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision will, to the extent so held, be deemed severed from this Agreement to the minimum extent to make the provision valid and legal, and all other provisions will remain in full force and effect.  Any and all disputes relating to this Agreement, the Site, your use thereof, or the Content (collectively, “Disputes”) are governed by, and will be interpreted in accordance with, the laws of the State of Minnesota, without regard to any conflict of laws provisions.  Unless you have otherwise agreed with AllRegs to subject any Dispute to arbitration pursuant to an applicable service or user license or agreement, any Dispute will be venued in a state or federal court situated in Minneapolis, Minnesota, and you hereby irrevocably submit to the personal jurisdiction of such courts for that purpose.
2. No Waiver.  No waiver by AllRegs of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.

Copyright 2011, AllRegs.  All Rights Reserved.