Terms of Service

Last Revised August 18, 2014

This Agreement sets forth the terms and conditions that apply to your access and use of the Internet Website http://www.MortgageNudge.com (“MortgageNudge.com”). By accessing and using MortgageNudge.com you agree to be bound by the terms and conditions of this Agreement and MortgageNudge’s Privacy Policy, as may be amended from time to time in the future (see “Modifications” below).

Accepting the Terms

By agreeing to the MortgageNudge Terms of Service or otherwise accessing or using the information, tools, features and functionality located on MortgageNudge.com or its associated email, telephone, and/or other messaging systems (collectively referred to as the “Service”), you are entering into a binding contract with MortgageNudge and you agree to be bound by all of the terms and conditions of this Agreement, whether you are a “Visitor” (that is, you have not registered with MortgageNudge) or you are a “Registered User” (that is, you have registered your account with MortgageNudge). The term “you” or “User” refers to a Visitor or a Registered User. The terms “we”, “us” and “our” refer to MortgageNudge. If you wish to become a Registered User, and access and make use of the Service, you must read this Agreement carefully in its entirety and indicate your acceptance of all of its terms at or before obtaining full access to the Service.

You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with MortgageNudge. By accepting this agreement, you represent that you have the capacity to be bound by its terms, or, if you are acting on behalf of a company or other entity, that you have the authority to bind such entity, in which case the terms “you” and “User” refer to such company or other entity. Before you register for the Service, you should print or save a local copy of this Agreement for your records.

Limitations of the Service

MortgageNudge does not provide legal, tax, trading, investment, or other advice, and you are solely responsible for any decisions you make, and the consequences thereof, on the basis of any information provided by the Service. You agree that you are responsible for verifying the accuracy of any information provided by the Service, and that the Service makes no express or implied warranty about the accuracy of the information it provides to you. No offer or solicitation to buy or sell securities, securities derivative or futures products of any kind, or any type of legal, tax, trading, investment advice, recommendation or strategy, is made, given or in any manner endorsed by MortgageNudge, the Service, or any affiliated third party.

Privacy and Personal Information

For information about MortgageNudge’s data protection practices, please read MortgageNudge’s Privacy Policy, which is hereby incorporated into this Agreement. The Privacy Policy explains how MortgageNudge treats your personal  and financial information when you access MortgageNudge.com and use the Service. The Privacy Policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.

Payment

Your MortgageNudge subscription will begin promptly upon registration, and is automatically renewed on the completion of each subscription period thereafter. Professional advisors subscribing to our extended Advisor DebtTools™ will be billed on or shortly after the first day of each subscription period.

Advisor subscriptions may be cancelled for any reason.  If within 30 days of purchasing a one-year (12-month) subscription to MortgageNudge, and/or our extended Advisor DebtToolz you are unsatisfied for any reason, we will refund your subscription fee in full. After 30 days, no refund will be given. You may cancel your subscription at any time, but you will receive a refund only if you cancel within 30 days of purchase.

If within 30 days of renewing your annual subscription to MortgageNudge, and/or our extended Advisor DebtToolz, you are unsatisfied for any reason, we will refund your renewal fee in full. After 30 days, no refund will be given. You may cancel your subscription at any time, but you will receive a refund only if you cancel within 30 days of renewal.

Note: if you cancel your subscription, you will not have access to the Services after the effective date of your cancellation. MortgageNudge may, in its sole discretion, delete all of your data, images, content, and information immediately upon the effective date of cancellation.

Your Registration Information

You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your e-mail address, allows you to access the Service. By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available Internet browser. If you become aware of any unauthorized use of your Registration Information, you agree to notify us immediately at the email address – security@MortgageNudge.com.

Provide Accurate Information

You are only entitled to access and use MortgageNudge for lawful purposes. Accurate records enable us to provide the Service to you. 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. If you do not do this, the accuracy and effectiveness of the Service to you will be affected. You agree not to share your password or other security information with others. You agree to promptly revoke any sharing access you grant to other Users of the Service when you do not want them to continue to have sharing access to your Content or personal data residing on the Service.

Rights You Grant to Us

By submitting information, data, passwords, usernames, other log-in information, materials and other content (“Content”) to MortgageNudge through the Service, you are licensing that content to MortgageNudge solely for the purpose of providing the Service (“Content License”). MortgageNudge may use and store the Content, but only to provide the Service to you. By submitting this Content to MortgageNudge, you represent that you are entitled to submit it to MortgageNudge for use for this purpose, without any obligation by MortgageNudge to pay any fees or other limitations.This Content License ends when you delete your Content or your account, unless your Content has been shared with others or in public forums and has not been deleted by administrators or by those with whom you shared your Content. You agree that others may copy your Content if you make it accessible to them and that MortgageNudge is not responsible for any consequent use of your Content. You agree that MortgageNudge may share your Content with third-party sites solely in order to provide you with the Service and that between MortgageNudge and any third-party, MortgageNudge owns the license to any such Content and confidential account information.

Third Party Content and External Links

Some information made available on or through the MortgageNudge site may be provided by third parties such as news services or sponsors (“Third Party Content”). The inclusion or appearance of Third-Party Content on or through MortgageNudge does not indicate any approval or endorsement by MortgageNudge of such Third-Party Content. MortgageNudge is not responsible for, and hereby disclaims any and all liability that may arise from Third-Party Content or the act of accessing, browsing, or otherwise using such Third Party Content. MortgageNudge.com may contain links to third-party web sites (“External Sites”). The content of such External Sites is developed and provided by others. These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all web sites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

MortgageNudge’s Intellectual Property Rights

The contents of MortgageNudge.com, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of MortgageNudge.com belong or are licensed to MortgageNudge or its software or content suppliers. MortgageNudge grants you the right to view and use MortgageNudge.com subject to these terms. Any distribution, reprint or electronic reproduction of any content from MortgageNudge.com in whole or in part for any purpose other than as described in the Description of the Service above is expressly prohibited without our prior written consent. 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 service.

MortgageNudge is registered trademark with the United States Patent and Trademark Office. The trademarks, service marks, and logos of MortgageNudge used and displayed on MortgageNudge.com are registered and unregistered trademarks or service marks. Other company, product, and service names located on MortgageNudge.com may be trademarks or service marks owned by third-parties. Nothing on MortgageNudge.com should be construed as granting any license or right to use any trademark displayed on MortgageNudge.com without the prior written consent of MortgageNudge specifically for each such use. Use of any trademarks as part of a link to or from any site is prohibited unless MortgageNudge approves the establishment of such a link by prior written consent.

Rights of Others

You agree that you will not post or provide access to any Content or take any action using the Service that violates any law under any applicable jurisdiction, including without limitation any law that governs this Agreement, the Service, and your residence. You agree that you will not post or provide access to Content belonging to anyone else without first obtaining permission. You agree that MortgageNudge may, at its sole discretion, delete, hide, or otherwise make inaccessible your user profile or any Content or information you post using the Service if MortgageNudge has reasonable cause to believe that such Content is in violation of this Agreement, and you agree to hold MortgageNudge harmless from any damages, direct or consequential, that may result from such an action. You agree not to collect information from other Users without first notifying them that you are not acting on behalf of the Service or MortgageNudge and obtaining their express consent. You will not use the Service to disseminate, in any form, personally identifiable information, including without limitation account numbers, passwords, addresses, or identification documents.

Unauthorized Uses of the Service

You agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Service, without the express written consent of MortgageNudge, which may be withheld in its sole discretion. You agree not to use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Service, other than the search engines and search agents available through the Service and other than those mechanisms provided by generally available third-party web browsers (such as Mozilla Firefox or Microsoft Internet Explorer). You agree not to post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Service. You agree not to attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way operating any part of the Service. You agree not to send a large number of requests to the Service with the intention of denying the Service to other Users or in any volume that denies the use of the Service to anyone, whether intentional or unintentional.

NO PROVISION OF ADVICE

YOU AGREE THAT THE SERVICE DOES NOT PROVIDE TRADING, INVESTING, FINANCIAL, TAX, LEGAL, OR OTHER ADVICE, AND YOU ACCEPT SOLE RESPONSIBILITY FOR THE CONSEQUENCES OF ANY DECISIONS YOU MAY MAKE BASED ON INFORMATION YOU OBTAIN FROM THE SERVICE. THE SERVICE IS NOT A FINANCIAL PLANNER, CPA, INVESTMENT ADVISOR, MORTGAGE BROKER OR TAX ADVISOR. THE SERVICE IS INTENDED ONLY TO ASSIST YOU IN YOUR MORTGAGE ACCELERATION, MANAGEMENT, AND DECISION-MAKING, AND IS BROAD IN SCOPE.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW MortgageNudge EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

WITHOUT LIMITING THE PARAGRAPH ABOVE, MortgageNudge MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.

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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MortgageNudge THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

LIMITATION OF LIABILITY

YOU AGREE THAT NEITHER MortgageNudge NOR ANY OF ITS AFFILIATES, SERVICE PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF MortgageNudge HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; (vii) MortgageNudge’S ACCESS OF YOUR DATA; (viii) ANY OTHER MATTER RELATING TO THE SERVICE.

YOU MAY HAVE THE OPPORTUNITY TO PROVIDE OTHER USERS WITH ACCESS TO YOUR ACCOUNT INFORMATION. THIS IS A TOOL OFFERED THROUGH MORTGAGENUDGE.COM TO ENABLE COLLABORATION BETWEEN USERS AT THEIR SOLE DISCRETION. YOUR ACCOUNT INFORMATION INCLUDES SENSITIVE AND PRIVATE INFORMATION AND YOU ARE FULLY RESPONSIBLE FOR ALL OF THE CONSEQUENCES ASSOCIATED WITH PROVIDING YOUR INFORMATION TO OTHER USERS TO WHOM YOU GRANT ACCESS TO YOUR ACCOUNT. YOU SHALL NOT HOLD MortgageNudge NOR ANY OF ITS AFFILIATES LIABLE FOR ANY HARMS, AS DESCRIBED ABOVE, THAT MAY RESULT FROM OR RELATE TO SUCH USERS ACCESSING YOUR ACCOUNT INFORMATION. MortgageNudge DOES NOT CONTROL AND SHALL NOT BE RESPONSIBLE FOR THE ACTS OF OTHER VISITORS OR USERS TO WHOM YOU HAVE GRANTED ACCESS TO YOUR FINANCIAL OR OTHER INFORMATION.

NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, MortgageNudge’S LIABILITY FOR ANY CAUSE, DAMAGE, OR CLAIM WHATSOEVER, REGARDLESS OF THE FORM OR CAUSE OF ANY CLAIM MADE AGAINST MortgageNudge IN CONJUNCTION WITH YOUR USE OF THE SERVICE, SHALL NOT EXCEED, IN THE AGGREGATE, $500.00 (FIVE HUNDRED US DOLLARS) OR THE SUM OF ANY AMOUNTS PAID TO MortgageNudge FOR YOUR USE OF THE SERVICE IN THE PRECEDING 12 (TWELVE) MONTHS, WHICHEVER IS GREATER.

Indemnification of MortgageNudge

You agree to protect and fully compensate MortgageNudge and its affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) caused by or arising from your use of the Service, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.

You further agree that if any third party brings any claim or action against MortgageNudge or any of its affiliates arising out of or related to your use of the Service, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including without limitation reasonable legal fees and costs) related to any such claim.

Amendment of this Agreement

MortgageNudge may update and change any or all of these Terms, including but not limited to the fees and charges associated with the use of the Services. If we update or change these Terms, we will post the updated Terms at http://www.MortgageNudge.com/terms-of-service. The updated Terms will become effective and binding on the fifth business day after they are posted. When we change these Terms, we will modify the “Last Modified” date above. We encourage you to review these Terms periodically.

Governing Law and Forum for Disputes

This Agreement, and your relationship with MortgageNudge under this Agreement, shall be governed by the laws of the State of California. Any dispute with MortgageNudge, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court of the State of California, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case MortgageNudge may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, MortgageNudge is able to offer the Service at the terms designated, and that your assent to this provision is an indispensable consideration to this Agreement.

You also acknowledge and understand that, with respect to any dispute with MortgageNudge, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement: YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

Termination of the Agreement

MortgageNudge reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of MortgageNudge, at any time and for any reason or no reason, without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Service at any time without prior notice or liability.

User Must Comply with Applicable Laws

MortgageNudge.com is administered and operated by MortgageNudge from its principal office in the State of California, United States, and it is not intended to subject MortgageNudge to the law or jurisdiction of any country or territory outside of the United States. We make no claims concerning whether MortgageNudge.com may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the MortgageNudge.com from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. The United States controls the import and export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any information through MortgageNudge.com to countries or persons where prohibited under applicable laws. By accessing MortgageNudge.com, you expressly agree that you are not in a country where such access is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction.

Reservation of Rights

You agree that if MortgageNudge does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which MortgageNudge has the benefit of under any applicable law), this will not be taken to be a formal waiver of MortgageNudge’s rights and that those rights or remedies will still be available to MortgageNudge. No waiver shall be effective against MortgageNudge unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

Governing Law

This Agreement is governed by the internal substantive laws of the State of California, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of California. Except as expressly agreed by the Company and you, all of the terms and conditions of this Agreement, except for any right you may have to use the Service, shall survive any expiration or termination of this Agreement.

Entire Agreement

This Agreement constitutes the entire Agreement between you and the Company with respect to the subject matter, and supersedes all other previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter described in this Agreement. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement is personal and you may not assign or transfer this Agreement or any of your rights or obligations under this Agreement. This Agreement will inure to the benefit of MortgageNudge’s successors, assigns, licensees, and sublicensees.