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Conditions of Use

Welcome to MortgageLocators.com.

MortgageLocators.com, a division of Etrafficers.com ("Etrafficers, Inc."), provides its Internet services (e.g., Etrafficers, Inc. web sites and associated services provided thereon are collectively referred to hereinafter as "Services") to you subject to the following conditions. If you visit any of Etrafficers, Inc. web sites, including MortgageLocators.com, you accept these terms and conditions of this Agreement as if you had signed it. Before using this site, please read the following carefully.

When you use any current or future MortgageLocators.com Service you also will be subject to the guidelines and conditions applicable to such service or business. If you do not agree to be bound by the following terms and conditions of this Agreement, please discontinue your use of MortgageLocators.com's Internet Services immediately. MortgageLocators.com may amend these Conditions of Use, and other related documents at any time, in its sole discretion. Any such amendments will be effective as of the date of such change, unless otherwise indicated. It is the User's responsibility to review any amendments or modifications posted prior to using the Services. By continuing to use the Services subsequent to any posted amendment or modification, the User automatically agrees to be bound by those Conditions of Use amended or modified. Similarly, MortgageLocators.com reserves the right to modify, suspend or terminate, in whole or in part, this Site and/or any services available through the Site at any time, in its sole discretion.

PRIVACY

Please review our Privacy Policy, which also governs your visit to all Etrafficers, Inc. web sites, to understand our practices.

COPYright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of MortgageLocators.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of MortgageLocators.com and protected by U.S. and international copyright laws. All software used on this site is the property of MortgageLocators.com or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

MortgageLocators.com, INC; MortgageLocators.com; THE MortgageLocators.com, Interactive Rates, and various combinations of the above, as well as other marks indicated on our site are Etrafficers' registered trademarks or are otherwise the trademarks of Etrafficers, Inc. or its subsidiaries, in the United States and other countries. Other MortgageLocators.com graphics, logos, page headers, button icons, scripts, service names and servicemarks are trademarks or trade dress of MortgageLocators.com, Etrafficers, Inc. or its subsidiaries. MortgageLocators.com's trademarks and trade dress may not be used in connection with any product or service that is not MortgageLocators.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MortgageLocators.com or Etrafficers, Inc. All other trademarks not owned by Etrafficers, Inc. or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MortgageLocators.com or its subsidiaries.

LICENSE AND SITE ACCESS

MortgageLocators.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of MortgageLocators.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MortgageLocators.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MortgageLocators.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing MortgageLocators.com's name or trademarks without the express written consent of MortgageLocators.com. Any unauthorized use terminates the permission or license granted by MortgageLocators.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page and the rate shop page of MortgageLocators.com so long as the link does not portray MortgageLocators.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any MortgageLocators.com logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. MortgageLocators.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

CONDUCT

It is a condition of your use of any MortgageLocators.com Internet Service that you do not restrict or inhibit any other user from using and enjoying the Service; post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation, any images or other material depicting nudity, or post or transmit comments containing harassing or offensive language. Visitors may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. MortgageLocators.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do submit material, and unless we indicate otherwise, you grant MortgageLocators.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant MortgageLocators.com and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify MortgageLocators.com or its affiliates for all claims resulting from content you supply. MortgageLocators.com has the right but not the obligation to monitor and edit or remove any activity or content. MortgageLocators.com takes no responsibility and assumes no liability for any content posted by you or any third party. You agree that you will not use the Service, including the information provided therein and all related, networks and network devices for any unlawful purpose. MortgageLocators.com, in its sole and absolute discretion,shall determine whether any information transmitted or received violates this provision. You may not use any material in connection with any site or other use that contains or is associated with information or content prohibited by this section.

COPYright COMPLAINTS

MortgageLocators.com and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact MortgageLocators.com's legal department.

INFRINGEMENT POLICY

MortgageLocators.com, pursuant to 17 U.S.C. §512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the right,but not the obligation, to terminate your license to use the Service if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether other material or activity is ultimately determined to be infringing. MortgageLocators.com accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. §512©, MortgageLocators.com has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to MortgageLocators.com in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement:

By mail:

Sales Department
MortgageLocators.com
109 W. 920 S.
Suite 200
Provo, UT 84601
By phone: (801) 221-9400
By e-mail: sales@MortgageLocators.com

In addition, any written notice regarding any defamatory or infringing activity, whether or a copyright, patent, trademark or other proprietary right must include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
  3. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  4. Information reasonably sufficient to permit us to contact you, such as your address telephone number, and/or electronic mail address.
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.

EXPORT CONTROL INFORMATION

Unless otherwise specified, the materials on the Service are presented solely to provide information regarding and to promote MortgageLocators.com's Services and products available in the United States, its territories, possessions and protectorates. The Service is controlled and operated by MortgageLocators.com from its offices within the state of Utah, United States of America. MortgageLocators.com makes no representation that materials on the Service are appropriate or available in all states or outside the United States. Those who choose to access the Service from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the Service is further subject to United States export controls. No software from the Service may be downloaded or otherwise exported or re-exported (A) in to (or to an national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U. S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY ETRAFFICERS, INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS. ETRAFFICERS, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ETRAFFICERS, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ETRAFFICERS, INC. DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM INTERACTIVERATES.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ETRAFFICERS, INC. FURTHER DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES: (A) THAT SERVICE WILL BE CONTINUOUS, UNINTERRUPTED AND/OR ERROR-FREE; (B) CONCERNING THE QUALITY, CREDITWORTHINESS, IDENTITY OR RELIABILITY OF ANY BUYER OR SELLER AND WHETHER ANY PARTY OR ACCOUNT SHOULD DO BUSINESS WITH ANY BUYER OR SELLER; (C) AS TO THE ACCURACY OF POSTINGS OF BIDS OR OFFERS MADE ON THE SYSTEM BY OR ON BEHALF OF ANY PARTY OR AN ACCOUNT; AND (D) AS TO THE PERFORMANCE OF ANY SERVICE BY ANY AGENT RELATED TO TRANSACTIONS ON THIS SITE. ETRAFFICERS, INC. DOES NOT GUARANTEE THE ACCURACY OF OR PROMOTE OR ENDORSE ANY INFORMATION POSTED ON THE SYSTEM BY ANY PARTICIPANT OR USER. THE EXCHANGE EXPRESSLY DISCLAIMS ANY RESPONSIBILITY TO SCREEN, FILTER OR MONITOR THE CONTENT OF THE SYSTEM OR LINKS TO OTHER WEB SITES. NOTWITHSTANDING THE ABOVE, ETRAFFICERS, INC. MAY TAKE ANY ACTION WITH RESPECT TO ANY INFORMATION POSTED ON THE SYSTEM AS IT DEEMS NECESSARY OR APPROPRIATE IN ITS SOLE DISCRETION.

ETRAFFICERS, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL rightS.

INDEMNIFICATION

Each User shall indemnify, release, defend, and hold harmless Etrafficers, Inc., MortgageLocators.com and its affiliates against any claims, demands, liabilities and damages (including attorneys' fees) incurred by each of them concerning, arising out of, or in connection with: (a) use of the Site and/or Services offered therein; (b) any agreement by the User to buy or sell a product or service on the Site; (c) any failure by any User to perform on any obligation under a contract made through the Site and/or Services offered therein; (d) any breach or default by any User under these Conditions of Use or the User's failure to otherwise comply with or perform its obligations arising under or by reason of this Agreement; (e) the failure of any representation made by any User to be true, accurate and correct as of the date that each Transaction is entered into; (f) any User or other party changing, modifying or tampering with in any way the software or functionality of the system; (g) any dispute arising between the User and any (i) other User or their agent or common carrier used in connection with any Transaction made on the system; and (i) any User's failure to comply in all respects with applicable Laws arising out of or relating to use of this Site and/or services therein.

The User's failure to acknowledge or diligently pursue its indemnification obligations under this paragraph shall not relieve the User of such obligations.


APPLICABLE LAW

By visiting MortgageLocators.com, you agree that the laws of the state of Utah, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and MortgageLocators.com or its affiliates.

DISPUTES

Any dispute relating in any way to your visit to MortgageLocators.comor to products you purchase through MortgageLocators.com shall be submitted to a court of competent jurisdiction in Utah County, Utah, except that, to the extent you have in any manner violated or threatened to violate MortgageLocators.com's intellectual property rights, MortgageLocators.com may seek injunctive or other appropriate relief in any state or federal court in the state of Utah, and you consent to exclusive jurisdiction and venue in such courts.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Privacy Policy, posted on this site. These policies also govern your visit to MortgageLocators.com's web sites. MortgageLocators.com reserves the right to make changes to our sites, policies, and these Terms and Conditions of use at any time and any such changes shall be effective immediately. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

MortgageLocators.com
109 W. 920 S.
Suite 200
Provo, UT 84601
www.MortgageLocators.com