 |
Terms of Use
The resources available to you on this Web Site, including audio and visual information, documents, text, services and software
("Content"), are provided to you by Mortgage Bankers Association ("MBA"), subject to the following Terms of Use. MBA 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 WelcomeHomegi.com Web page.
ACCEPTANCE OF TERMS:
By using the Welcome Home Web Site 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 WelcomeHomegi.com Web Site. Although this site is intended for consumer, rather than
business use, 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 Web Site
and you in your capacity as a representative of your organization.
NON-COMMERCIAL USE LIMITATION:
Unless otherwise specified, access to the 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 text, information,
software, pictures, or services obtained from this WelcomeHomegi Web Site or from any web-based course offered by MBA through
CampusMBA.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION:
See the Privacy Policy for information regarding the collection and use of your personal information.
CONTENT DISCLAIMERS:
The information and services offered on this Web Site are provided with the understanding that neither MBA, nor any Sponsors
or Participating Institutions, as defined in the WelcomeHomegi Web Site, or any other content suppliers are engaged in rendering
legal or other professional services or advice. Reference to any specific, participating mortgage banking institution, commercial
product, process or service does not constitute or imply any endorsement, recommendation or favoring by MBA. Your use of the
site is subject to the additional disclaimers and caveats that may appear here and throughout this site and the CampusMBA
Web Site (together “the MBA Web Sites”). MBA 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 MBA Web Sites. While MBA
strives to keep the information on the MBA Web Sites accurate, complete, and up-to-date, MBA cannot guarantee, and will not
be responsible for any damage or loss related to the accuracy, completeness, or timeliness of the Content found at the MBA
Web Sites. MBA MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT OF THE MBA WEB SITES. THE CONTENT THE MBA WEB
SITES IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND IS FOR REFERENCE PURPOSES ONLY. THE CONTENT COULD INCLUDE TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS. MBA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE CONTENT OF THE
MBA WEB SITES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL MBA AND/OR ITS AFFILIATES AND/OR ITS SPONSORS OR PARTICPATING
INSTITUTIONS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OF THE MBA WEB SITES OR WITH THE DELAY OR INABILITY TO USETHE MBAWEB SITES, OR FOR ANY TEXT, INFORMATION,
SOFTWARE, IMAGES, AND SERVICES OBTAINED THROUGH THE MBA WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE MBA WEB SITES,
WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF MBA OR ANY OF ITS SPONSORS OR PARTICIPATING INSTITUIONS
OR CONTENT PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 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. MBA MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE CONTENT (INCLUDING REMOVAL OF CONTENT) AT ANY TIME.
MBA IS NOT AN EMPLOYMENT AGENCY, RECRUITER OR IN ANY WAY IN THE BUSINESS OF SEEKING OR PROVIDING EMPLOYMENT FOR THOSE PERSONS
REGISTERING WITH THE WELCOMEHOME WEB SITE (“STUDENTS”).ALL REGISTRATION INFORMATION PROVIDED TO PARTICIPATINGINSTITUTIONS
BY MBA THROUGH THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY.
NEITHER MBA, PARTICIPATING INSIITUTIONS, NOR SPONSORS GUARANTEE STUDENTS EMPLOYMENT UNDER THE WELCOMEHOMEGI PROGRAM.ANY DECISION
TO HIRE A STUDENT UNDER THE WELCOMEHOMEGI PROGRAM IS MADE SOLELY BY THE PARTICIPATING INSITUTION DOING THE HIRING.
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 MBA to implement reasonable security precautions, MBA 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 MBA,
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 MBA.
NO UNLAWFUL OR PROHIBITED USE:
As a condition of your use of this Web Site, you will not use the Content or access the WelcomeHomegi Web site 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 Web site, 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
Site. MBA reserves the right to terminate your use of this Web Site, in its sole discretion, with or without notice, if MBA
reasonably believes that your conduct fails to conform to these Terms of Use.
LINKS TO THIRD PARTY SITES:
Links on this Web Site will let you leave the WelcomeHome Web Site. Such links are provided solely as pointers to services
or information on topics that may be useful to visitors to the WelcomeHome Web Site, and MBA 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 MBA,
MBA 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 MBA 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-MBA 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.
PROPRIETARY RIGHTS
All materials on this site (as well as the organization and layout of the site) are owned and copyrighted by MBA or its suppliers.
© Copyright 2004 Mortgage Bankers Association. All rights reserved. No reproduction, distribution, or transmission of the
copyrighted materials at this site is permitted without the written permission of MBA.
ARBITRATION
By accessing the WelcomeHomegi and the CampusMBA Web Sites and using the information therein available and/or by using any
products or services made available through these Web Sites, you agree with MBA, its service providers, their affiliates,
parents, subsidiaries and any other content provider or Sponsor or Participating Institution on this site or through any other
associated activity, that any claim or dispute ("Claim"), 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 MBA, 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 this web site 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
All changes, updates, and enhancements to the Content are subject to these Terms of Use.
MBA'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.
|
|