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MyLoanModification.com

Terms Of Service Agreement ("Agreement")

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Please read this page carefully, as it contains the terms of a legal agreement between you and MyLoanModification.com that govern your access to, use of, and purchase of services and/or goods made available on MyLoanModification.com. By accessing, using, purchasing services or goods made available on, and/or otherwise utilizing MyLoanModification.com you acknowledge that you have read, understood and agreed to be bound by the terms of this Agreement and to comply with all applicable laws and regulations.

 

If you do not agree to all of these terms, DO NOT access, USE, purchase services and/or goods made available on and/or otherwise utilize MyLoanModification.com.

 

If you have any questions relating to MyLoanModification.com or this Agreement, please call us at (800) 219-2352 Monday – Friday 10am-10pm EST or send us an email at info@MyLoanModification.com.

 

1. MyLoanModification.com

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The website MyLoanModification.com is owned and operated by MyLoanModification.com ("Company"). The Company provides administrative support to homeowners who are struggling to pay their mortgage and want to submit an application to their mortgage holder for mortgage assistance (“MA”).

 

MyLoanModification.com makes the following available to homeowners of residential real estate and related service providers:

  • (a) mortgage assistance application preparation;

  • (b) pre-qualification for Fannie Mae, Freddie Mac, and FHA “MA” programs using their proprietary automated underwriter for Mortgage Assistance;

  • (c) “MA” instructional videos and written information for educational purposes;

  • (d) “MA” Help Desk services for our customers. Specifically, information pertaining to every phase of the loss mitigation process and “MA” programs.  We also provide sample forms and applications, hyperlinks to industry websites, general advice for homeowners, industry news, answers to frequently-asked questions; and

  • (e) Weekly status updates regarding the homeowner’s application; and 

  • (f) any other services ("Services") or products made available on MyLoanModification.com.

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References in this Agreement to the "Site" shall mean MyLoanModification.com, including but not limited to all webpages appearing on the MyLoanModification.com internet domain, and all services and products made available on MyLoanModification.com, including but not limited to the services and products identified in this Section 1.

 

References in this Agreement to "MyLoanModification.com" shall mean any and all webpages or other content or information appearing on the MyLoanModification.com internet domain or computer servers owned or utilized by the Company.

 

2. JURISDICTION/DISPUTE RESOLUTION

 

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, notwithstanding the conflict of laws provisions of any state. You irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the State of Florida.

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In the event of any dispute between the parties which arises under this Agreement, such dispute shall be settled by arbitration in accordance with the rules for commercial arbitration of the American Arbitration Association (or a similar organization) in effect at the time such arbitration is initiated. A list of arbitrators shall be presented to the Claimant and Respondent from which one will be chosen using the applicable rules. The hearing shall be conducted in the St Petersburg, Florida, unless both parties consent to a different location. The decision of the arbitrator shall be final and binding upon all Parties.

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The prevailing party shall be awarded all of the filing fees and related administrative costs. Administrative and other costs of enforcing an arbitration award, including the costs of subpoenas, depositions, transcripts and the like, witness fees, payment of reasonable attorney's fees, and similar costs related to collecting an arbitrator's award, will be added to, and become a part of, the amount due pursuant to this Agreement. Any questions involving contract interpretation shall use the laws of Florida. An arbitrator's decision may be entered in any jurisdiction in which the party has assets in order to collect any amounts due hereunder.

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Disputes arising out of or relating to this Agreement shall include but not be limited to disputes arising out of or relating to your access to, use of and/or purchase of services or goods made available on MyLoanModification.com. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to your use of the Site, the Agreement, or the Company's performance or nonperformance under the Agreement, must be made within one (1) year after such claim or cause of action arose, or it shall be forever barred.

 

3. ACCESS AND USE

 

a. Access.

YOU shall be solely responsible for hardware, interconnections and telecommunications to access the Site. You agree that you will not use any robot, spider, other automatic device, or manual process to extract, "screen scrape," monitor, "mine," or copy any static or dynamic web page on the MyLoanModification.com website or the content contained on any such web page for commercial use without the Company's prior express written permission. You will not spam or send unsolicited e-mail or other messages to any other user of the Site for any reason, by means of MyLoanModification.com or otherwise. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on MyLoanModification.com, the Company's computer system, or other infrastructure. You agree not to modify, translate, reverse engineer, decompile, disassemble or create derivative works based upon, the Site or any software or programming related thereto. Any access or attempt to access any areas of the Company's computer system, or information contained on the system, except for MyLoanModification.com and information contained thereof, for any purposes, is strictly prohibited.

 

b. Use.

The Site is for the exclusive use of homeowners of real estate who are or potentially in jeopardy of defaulting on their mortgage and related service providers. Subject to the terms contained herein, Company hereby grants to you a non-exclusive, non-transferable, non-sublicenseable, world-wide license to use the Site, which shall include the right to search, display and print loss mitigation related material appearing on MyLoanModification.com for personal, noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. Company reserves any rights not expressly granted herein. You may not search, display, print, distribute, copy, reproduce, publish, download, or transmit any material on the Site for commercial use without prior written approval of Company. You may not "mirror" or "frame" any material contained on this Site on any other server or website, regardless of means, without prior written permission from Company. The Company reserves the right to monitor your access and use of the Site and your compliance with the terms hereof without notice to you.

 

c. Use Restrictions.

You agree not to post, transmit, e-mail, re-transmit or store material on, through or from the Site which, in the sole judgment of the Company: (1) is in violation of any local, state, federal or non-United States law or regulation, (2) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity or (3) violates the rights of any individual, group or entity, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other materials that are not appropriately licensed for use by you. You shall be responsible for determining what laws or regulations are applicable to your use of the Site. You may only use the Site in a manner that, in the Company's sole judgment, is consistent with the purposes of the Site.

By way of example, and not limitation, the following uses described below of the Site are expressly prohibited:

i. upload, post, e-mail or otherwise transmit any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that could give rise to any civil or criminal liability under both domestic and international law. Pornography and pornographic related merchandising are prohibited, including providing links to pornographic content elsewhere;

ii. threaten to harm, attempt to harm or actually harm minors in any way;

iii. impersonate any person or entity, including, but not limited to, a Company employee or agent, or falsely state or otherwise misrepresent your affiliation with a person or entity, or misrepresent yourself as actual buyers or sellers of real estate;

iv. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);

v. upload, post, e-mail or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

vi. upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

vii. upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, or solicit any person or company using any telephone number, email address or other contact information found on the Site for any reason other than the purchase of real estate or related services advertised for sale on the Site;

viii. upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

ix. interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

x. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Federal Communications Commission, U.S. Department of Housing, the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

xi. "stalk" or otherwise harass another;

xii. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble weapons or creating "Crush" sites;

xiii. effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorized to access;

xiv. rent, lease, transfer, resell and/or otherwise transfer rights to the Site; and

xv. delete or write over any portion of any listing or software appearing on or relating in any manner to the Site.

 

d. Hyperlinks.

You are granted a limited, nonexclusive right to link to MyLoanModification.com provided that such link does not portray the Company or the Site in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use framing techniques to display any content, information, layout, design, copyrighted works, trademark, logo or trade name appearing on MyLoanModification.com. Links on the Site to third party websites are provided solely as a convenience to you. If you use these links, you will leave the Site. Company has not reviewed all of these third party websites and does not control and is not responsible for any of these sites, their content or their policies, including, without limitation, privacy policies or lack thereof. Except as expressly set forth on the Site, Company does not endorse or make any representations about third party websites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to by this Site, you do so entirely at your own risk.

 

4. PROPRIETARY CONTENT

a. General.

The Company's Internet operations, design, hardware designs, algorithms, software (in source and object forms), user interface designs, other templates and designs, algorithms, architecture, class libraries, and documentation (both printed and electronic), know-how, good will, moral rights, trade secrets and any related intellectual property rights throughout the world, and any derivative works, improvements, modifications, enhancements or extensions thereof, shall remain the sole and exclusive property of Company, and you shall have and acquire no interest in them whatsoever.

 

b. Copyright and Trademark.

All information, content and materials that appear on MyLoanModification.com, including, without limitation, text, photographs, images, pictures, graphics and other files, and the selection and arrangement thereof, but excluding information, content and materials that are submitted to the Site by users thereof, are copyrighted materials of the Company (the "Copyrighted Works"). The trademarks, service marks, trade names, trade dress and logos used and displayed on this Site (including all page headers, custom graphics, button icons, and scripts), but excluding marks, names and logos submitted to the Site by users thereof, are registered and unregistered trademarks, service marks, trade names, trade dress and logos of the Company (the "Trademarks"). You acknowledge that the Copyrighted Works and Trademarks used and displayed on this Site are and shall remain the sole property of the Company. Nothing in this Agreement shall confer any right of ownership of any of the Copyrighted Works or Trademarks in you. Further, nothing in this Agreement shall be construed as granting, by implication, estoppel or otherwise any license or right to use any of the Copyrighted Works or Trademarks used or displayed on the Site, without the express written permission of the Company. Neither the Copyrighted Works nor the Trademarks may be copied, imitated or used, in whole or in part, without the prior written permission of Company.

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c. Company as Intermediary.

The Company does not create, make, author, write, print or otherwise produce any of the for-sale, bankruptcy or rental property listings that appear on MyLoanModification.com, including but not limited to the text, photographs, images and links to third party websites contained therein. All such property listings are produced and submitted to MyLoanModification.com by others.

 

5. DISCLAIMER OF WARRANTIES

The Site, including all content, services, goods, software, functions, materials, and information found or available thereon, is provided "as is" and "as available" without warranties of any kind, either express or implied. The Company disclaims all warranties, express or implied, of any kind, including, but not limited to, warranties of quiet enjoyment and non-infringement and implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, merchantability of computer programs, data accuracy, system integration, informational content, and others expressly disclaimed below in this Section 5. Company does not warrant or make any representations regarding the operation of the Site, the use, validity, applicability, propriety, accuracy or reliability of, or the results of the use of the Site or any other sites linked to from this Site. The Site materials may be out of date, and Company makes no commitment to update the Site materials or otherwise monitor same. Company does not and cannot guarantee or warrant that the files available for downloading from the Site, if any, will be free from infection, viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. Company does not warrant that the Site, including any software, materials, products, or services, will be uninterrupted or error-free or that any defects in the Site, including any software, materials, products, or services will be corrected. Company assumes no responsibility for the alteration, deletion, mis-delivery or failure to deliver or store any of your communications, data, or personalization settings, including but not limited to messages sent or received by means of the Site. Company makes no warranty that the Site will meet your requirements, that the Site will be secure or error or virus free, or that defects in the software driving the Site will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and that you will be solely responsible for any damage to a computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you through the Site shall create any warranty not expressly made herein. Company makes no warranties regarding the number or types of properties available for sale on the Site, or whether any property listed on the Site for sale or rental will ever be purchased or rented. Company makes no warranties regarding any of the terms a buyer or seller may or will obtain with respect to any property listed on the Site, the number of 'hits' or pageviews of any property listed on the Site, or the scope of dissemination of any property listed on the Site. Company makes no warranties whatsoever regarding the ownership, authority to sell or rent, or condition of any property listed on the Site, or the sincerity or ability to pay of any potential buyer or tenant. The Company makes no warranties regarding the quality or quantity of telephone calls, email or other inquiries received by users that advertise on the Site. Company makes no warranties regarding the appearance, alteration or removal of a property listing on third-party websites or the like. The Company makes no warranties that a property listing will appear anywhere in particular online or offline, or for any period of time, except as expressly set forth on the Site. The Company makes no warranties regarding the quality or quantity of properties listed on the Site for sale or rent. The Company makes no warranties regarding the quality of the service providers that advertise on the Site or regarding the services or goods provided by same. The Company makes no warranties regarding the ability of a Site user to access or use the Site, or purchase services or goods made available on the Site, at any particular time or times or from any particular geographic location, area, state or region.

 

6. LIMITATION OF COMPANY'S LIABILITY

In no event shall the aggregate liability of either party exceed the total amounts actually paid by and/or due in the twelve (12) month period immediately preceding the event giving rise to such claim. In no event will Company, its parents, subsidiaries, shareholders, directors, affiliates, officers, employees, or agents be liable for any damages, losses, or liability, including, without limitation, (i) direct, indirect, special, incidental, or consequential damages, (ii) damages, losses or liability resulting from failure to sell, purchase or rent real property on certain terms or otherwise, (iii) damages, losses or liability resulting from lost profits, lost data (or other intangibles), or business interruption, either arising out of or relating to the use of the Site (including the use of the services of any third parties that MyLoanModification.com links to) and any information contained thereon, or the inability to use the Site, or (iv) resulting from your failure to comply with this Agreement, whether based on warranty, contracts, statutes, regulations, tort (including but not limited to, negligence) or any other legal theory and whether or not advised of the possibility of such damages. If your use of the materials or information from this Site results in the need for servicing, repair or correction of equipment or data, you are responsible for all costs thereof. Your sole and exclusive remedy under this Agreement is to discontinue use of the Site. The limitation of liability set forth in this Section 6 shall not apply in the event of your breach of Section 3 or Section 7 below. You acknowledge and agree that Company's suppliers and licensors shall not have any liability under this Agreement. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that the Company may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

 

7. Indemnification

You agree to notify, indemnify, defend and hold harmless MyLoanModification.com, its parents, subsidiaries, affiliates, officers, directors, co-branders or other partners, employees, consultants and agents from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from (1) any information or Content (as defined below) that you (or anyone using your account) submits, posts or transmits through the Services, (2) your (or anyone using your account's) use of the Services, (3) your (or anyone using your account's) violation of these Terms, (4) the direct or contributory infringement by you, or another user using your account, of any intellectual property any person or entity, (5) your (or anyone using your account's) violation of any rights of any other person or entity or (6) any viruses, trojan horses, worms, time bombs, cancel bots or other similar harmful or deleterious programming routines input by you into the MyLoanModification.com Web site or other Services, (7) any information you obtained from this Site.

8. User submitted Information

You are solely responsible for the contents of your submissions or messages intended for the Company or third parties, made to or sent from MyLoanModification.com or otherwise, and same shall be treated as non-confidential and non-proprietary unless expressly stated otherwise. You grant to the Company a worldwide, perpetual, irrevocable, royalty-free, sublicenseable right, in any media now know or currently known, to exercise all copyright and other intellectual property rights with respect to such submissions or messages. You agree that any such submissions or messages, including but not limited to property listings, or any derivative works thereof, may be disseminated, distributed, publicly displayed on third party websites, reproduced, used, sublicensed, posted, or published by the Company, and searched, displayed, printed or otherwise used or exploited by Company's customers, in accordance with the Privacy Policy posted on MyLoanModification.com. You agree to provide true, accurate, current and complete information and to maintain and promptly update such information to keep it true, accurate, current and complete. You warrant that you own and are authorized to offer for sale and to sell any property you submit to the Site for listing. You represent and warrant to the Company that any information, photographs, images, graphics, video records or the like, virtual tours, drawings, written descriptions, remarks, narratives, pricing information and other copyrightable elements relating to your property listing do not violate or infringe upon the rights, including any copyright rights, of any person or entity.

 

8. User Password/Security

You will receive a password during the registration process which is for your use only. You are fully responsible for maintaining the confidentiality of your password and all actions taken on the Site after access is obtained by means of your password. You agree to immediately notify Company by e-mail at info@MyLoanModification.com of any unauthorized use of your password or account or any other breach of security relating to the Site.

 

9. FEES, REFUNDS AND CANCELLATION

All charges shall be at the then-advertised price for the service(s) selected, and must be paid by direct charge to a credit card. You hereby authorize Company to charge such credit card to pay for any charges that you may incur in the future as they accrue. Once your credit card is charged, you agree that all sales are final, and there are no credits or refunds whatsoever. You may alter or remove your property listing from MyLoanModification.com by modifying your account information. Failure to make any payment as set forth herein shall be deemed to be a material breach of this Agreement and shall be sufficient cause for the immediate termination of this Agreement by Company. In the event of collection enforcement, you will be liable for any costs associated with such collection, including, without limitation, reasonable attorneys' fees, court costs and collection agency fees. All charges shall be exclusive of any applicable taxes. You are responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other taxes assessments, other than taxes based on Company's net income.

No refunds will be due to you for any technical problems with the web site for any reason, or for any service failure for any reason. Technical issues include, but are not limited to, access to your account, ability to add or remove information or content, display quality, service failure of any nature, inability to view your property listing for any reason, or any problem due in whole or in part to your computer or any peripheral device.

 

10. NO NEGOTIATION SERVICES

You understand and agree that except as expressly provided for otherwise by the Site, the Company does not negotiate directly with your mortgage servicer. We will communicate directly with your mortgage servicer under the following circumstances:

  1. obtaining updates on the status of your “MA” application;

  2. obtaining phone numbers, fax numbers, and email addresses of where to submit your “MA” application;

  3. obtaining phone numbers, fax numbers, and email addresses of who to contact for a status updates.

 

You understand and agree that you are responsible for the following:

  1. cooperating with the “MA” application review process;

  2. additional documents, signed or unsigned, requested by your mortgage servicer;

  3. return correspondence requested by your mortgage servicer;

  4. cooperating with the terms of any approved workout program that you’re interested in accepting; and

  5. cooperating with the terms of any Trial Payment Plan requested by your mortgage servicer.

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11. Termination

This Agreement may be terminated by any party immediately for any reason or no reason, including but not limited to your breach of this Agreement. Upon any termination of this Agreement, (i) your license and authorization to use the Site shall terminate immediately without notice; (ii) you must immediately discontinue use of the Site, including any hyperlinks to the Site; (iii) you must immediately destroy any downloaded or printed materials; and (iv) the Company will remove from the Site any listings or other materials you may have previously submitted. Sections 2, 4, 5, 6, 7, 10, 13, 14 and 15 of this Agreement shall survive any termination of this Agreement.

 

12. ALTERATIONS, MODIFICATIONS TO AGREEMENT/SITE

MyLoanModification.com may change the Terms from time to time. If you object to any such changes, your sole recourse shall be to cease using the Site. Continued use of the Site following any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes, without limitation or qualification. The Company reserves the right to modify or discontinue (temporarily or permanently) the Service (or any part thereof) with or without notice to you. We shall not be liable to you or any third party if we exercise our right to modify or discontinue the Service. If you object to any such changes, your sole recourse shall be to cease using the Service. Continued use of the Service following notice of any such changes shall indicate your acknowledgement of such changes and satisfaction with the Service as so modified.

 

13. Notices

Notices given by Company to you will be sent to the e-mail address or conventional mailing address you provide to Company as part of the registration process, or to updated addresses which you provide to Company via notice consistent with this Section 15. Notices given by you to Company must be given by e-mail to info@MyLoanModification.com. 

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14. MISCELLANEOUS

This Agreement shall be deemed to express, embody and supersede all previous understandings, agreements and commitments, whether written or oral, between you and the Company with regard to the subject matter hereof. If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Company's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing. The Section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. This Agreement may be assigned in whole or in part by Company. Neither this Agreement, nor the rights and obligations contained herein, may be assigned in any manner by you without the prior express written permission of Company. These terms do not alter in any way the terms of any other separate agreement you may have with Company.

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