By accessing or otherwise using our Website, YOU will have entered into a LEGALLY BINDING AGREEMENT with MORTGAGE CAPITAL ASSOCIATES, INC. dba mtgcapital.com (“Agreement”). If you have any doubts about the legal effect of this Agreement, you should consider consulting with an attorney before accessing our Website. Note: All references in these Legal Documents to mgtcapital.com includes 100percentloan.com where applicable.
Your use of the Website means that you are promising and agreeing to be bound by the terms of this Agreement with mtgcapital.com, and its vendors, other suppliers and our affiliates, to provide and exchange information between you, the user, and mtgcapital.com. You are also promising to accept services that we promise to provide in exchange for your representation that you will use our Website strictly in accordance with, and subject to, all terms, conditions and notices, without any modification whatsoever that has not been pre-approved by us, whether those terms, conditions and notices, including any and all disclaimers and caveats, appear on this page or elsewhere among the pages constituting our entire Website.
You also acknowledge that you fully understand, as a condition of your use of our Website and the information provided in it, that neither mtgcapital.com, nor any of its vendors, suppliers, affiliates or other users are in any way offering or otherwise engaging in providing legal, accounting, tax, financial or similar highly-skilled professional services or advice.
Neither mtgcapital.com, nor any of its agents, servants, employees or affiliates, assumes responsibility of any kind whatsoever for any consequences that relate directly or indirectly to any action or inaction on your part, whether or not based on information, services or materials provided through use of our Website. We do, and will, strive to maintain complete, accurate and up-to-date information on our Website, but, we cannot, and do not, guarantee your protection from, or accept responsibility for, the possibilities of loss or damage that may result from the lack of completeness, accuracy or timeliness of that information. Your use of our Website, or its information or materials, is strictly at your own risk, and we (including our affiliates and suppliers) disclaim any liability or responsibility for damages or injuries sustained by you, your equipment, databases, financial status, credit rating or any other products or property, which may have been caused directly or indirectly from your use of our Website. In other words, you use and accept the information and services AT YOUR OWN RISK AND “AS IS” AND WITHOUT WARRANTY OF ANY KIND.
By accessing our Website, you acknowledge and represent that the Website and the information and materials supplied by us, whether by online use or download, are strictly for your personal use only, and that, any and all other uses are strictly prohibited. You also acknowledge, represent and warrant that you will not use our Website for any unlawful purpose. And, you also represent that you are aware that any violation of these restrictions will cause the loss of your license to use our Website, and may also give rise to an action by us for damages.
All information and materials on our Website, including, but not by way of limitation, the organization, layout and format, are reserved, owned solely and copyrighted by, and constitute the proprietary rights of, MORTGAGE CAPITAL ASSOCIATES, INC. dba mtgcapital.com, and its affiliates. No reproduction, transmission, distribution or other use of these proprietary rights, is authorized without mtgcapital.com‘s specific, written consent.
You agree to indemnify, defend and hold mtgcapital.com (and its affiliates and suppliers) harmless from any alleged claim, liability, loss, damage or injury (including attorney fees and costs) arising out of your access and use of our Website.
We reserve the exclusive right to modify and parts or the entirety of this Agreement, which modifications will become effective upon posting or at such future date noted in the posting. You are, therefore, agreeing to review the postings of this Agreement frequently. Any continued use of our Website after the effective date of the modifications will be deemed to be your acceptance of those modifications.
BY YOUR ACCEPTANCE AND USE OF OUR WEBSITE, AND OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT INFORMATION, SOFTWARE AND OTHER PRODUCTS PUBLISHED ARE SUBJECT TO INADVERTENT INACCURACIES AND TYPOGRAPHICAL ERRORS FROM TIME TO TIME, NO MATTER HOW DILIGENTLY WE PURSUE EXCELLENCE AND PERFECTION. IN NO EVENT WILL mtgcapital.com, ITS AFFILIATES OR SUPPLIERS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES OR INJURIES OF ANY KIND OR NATURE WHATSOEVER RELATED TO YOUR USE OF OUR WEBSITE, AND ITS COMPONENT PARTS. AS STATED ABOVE, YOU ACCESS AND USE OUR WEBSITE AT YOUR OWN OPTION AND RISK, AND ACCEPT IT.
The failure of mtgcapital.com, or any of its affiliates or suppliers to enforce any provision of this Agreement shall not be construed as a waiver of its/their right to require compliance in the event of future violations by the user.
mtgcapital.com and user acknowledge that any claim in this era of speed makes the substance of any claim stale rapidly. Accordingly, any legal action for any breach of this Agreement must be brought and filed, if at all, not later than one (1) year after the alleged violations, unless such limitation period is specifically prohibited by any state claiming jurisdiction in the matter, in which event, the period of limitations provided by such jurisdiction shall apply.
In any action for damages, or for the enforcement of lawful or preventing unlawful performance, arising out of the conditions of use by you, the prevailing party will be entitled to recover all legal fees and costs reasonably incurred.
This Agreement shall be construed and enforced under the laws of the STATE OF CALIFORNIA, irrespective of any conflict-of-laws or other principles of jurisdiction. The parties agree that any legal proceeding that may be commenced or maintained shall be in the Superior Court of the County of Los Angeles, State of California, which court has sole and exclusive jurisdiction over this matter. If any statement, part or provision of this Agreement is deemed by a court of competent jurisdiction to be unlawful or otherwise unenforceable, that statement, part or provision shall be severed from this Agreement, and its component parts, in order to permit enforcement of the remainder of this Agreement.