Last Updated: June 6, 2025

These MortgagePros™  Website Terms and Conditions (“Terms”) are inclusive of the MortgagePros™ Privacy Policy (“Privacy Policy”), the MortgagePros™ FAQs, the MortgagePros™ Application Package (defined below) applicable to Home Lending Requests (as defined below), and any and all other applicable MortgagePros™ operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the “Agreement”).

The MortgagePros Offerings (as defined below) are owned and operated by MortgagePros, LLC (“MortgagePros™,” “we,” “our” or “us”).  You agree to the terms and conditions contained in the Agreement, in their entirety, when you (“User”): (a) access and/or use the MortgagePros™ website located at www.mtgpros.com (the “Site”); (b) access certain text, images, video, audio, testimonials (“Testimonials”), blog posts, and other content and information relating to mortgage and home loan services and services, as well as information relating to the MortgagePros™ Offerings, generally, as made available by: (i) MortgagePros™ (collectively, “MortgagePros™ Content”); (ii) other Users (“User Content”); and (iii) certain third-parties including, but not limited to, content that is submitted by, or aggregated from, third-party sources, such as expert commentary, news articles, and videos (“Third-Party Content,” and together with the Testimonials, MortgagePros™ Content and User Content, the “Content”); (c) access links to third-party websites and resources, including the MortgagePros™ Bing Maps® listing, the MortgagePros™ Google Maps® listing and the MortgagePros™ the Zillow®  listing (“Third-Party Links”); (d) utilize the MortgagePros™ mortgage calculator (“Mortgage Calculator”), which provides estimates of monthly mortgage payments based on User-determined inputs related to interest rates, loan size, loan duration and other variables (“Estimates”); (e) request a quote (“Mortgage Funding Requests”) for a mortgage on a new home purchase, or for purposes of refinancing an existing mortgage (collectively, “Mortgage Funding”) through MortgagePros’™ third-party lending service providers, which may include third-party mortgage lenders, banks and/or other lending entities (collectively, “Third-Party Lenders”); provided, however, that additional information will be requested via, and additional terms and conditions included in, a separate MortgagePros™ mortgage application package (“MortgagePros™ Application Package”); (f) access links to the MortgagePros™ and/or User social media pages/accounts appearing on third-party social media websites (collectively, “Social Media Pages”), such as Facebook®, Instagram®, LinkedIn®, X® and Yelp® (collectively, “Social Media Websites”); (g) request information regarding and/or submit information in connection with employment opportunities available with MortgagePros™ (“Career Opportunities”); (h) utilize the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, MortgagePros ® (collectively, the “Contact Services,” and together with the Site, Content, Third-Party Links, Mortgage Calculator, Estimates, Mortgage Funding Requests, MortgagePros™ Application Package, Social Media Pages and Career Opportunities, the “MortgagePros™ Offerings”); and/or (i) otherwise affirmatively consent to these Terms and/or the Agreement. 

These Terms are effective as of the date set forth above.  Please print the Agreement for your records.  A printed version of the Agreement will be valid, enforceable, and admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as a paper agreement that you sign manually.  Violations of the Agreement may result in suspension or termination of your access to the MortgagePros™ Offerings.

PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY.  IF A USER DOES NOT AGREE WITH THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, THAT USER IS NOT AUTHORIZED TO USE THE MORTGAGEPROS™ OFFERINGS IN ANY MANNER OR FORM.

THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST MORTGAGEPROS™, AS WELL AS ITS PARENT, SUBSIDIARIES, RELATED PARTIES, THIRD-PARTY LENDERS AND MARKETING PARTNERS (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.

NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).

Bing® is a registered trademark of Microsoft Corporation (“Bing”). Google Maps® is a registered trademark of Google, Inc. (“Google”).  Instagram® and Facebook® are registered trademarks of Meta Platforms, Inc. (“Meta”).  LinkedIn® is a registered trademark of LinkedIn Corporation (“LinkedIn”).  X® is a registered trademark of X Corp. (“X”).  Yelp® is a registered trademark of Yelp, Inc. (“Yelp”).  Zillow® is a registered trademark of Zillow Group, Inc. (“Zillow”).  Please be advised that MortgagePros™ is not in any way affiliated with Bing, Google, LinkedIn, Meta, X, Yelp or Zillow, nor are the MortgagePros™ Offerings endorsed, administered or sponsored by any of the aforementioned entities.

 

Disclaimers

 

Please be advised that MortgagePros™ does not itself offer Mortgage Funding products and/or services, and the ultimate terms and conditions of any of Mortgage Funding and other products and/or services made available by any Third-Party Lender(s) will be determined by the applicable Third-Party Lender(s).  Without limiting the foregoing, we make no guarantee regarding the Quotes (as defined below), fees, terms, interest rates, products and/or services featured by and through the MortgagePros™ Offerings and/or offered or made available by Third-Party Lenders.  Further, MortgagePros™ does not guarantee that Quotes, fees, terms, interest rates, products and/or services offered by Third-Party Lenders are necessarily the best available or most competitive in the industry.  The actual Quotes, interest rates and Mortgage Funding products/services you receive will vary based on several factors, including your employment history, assets, liabilities, property value, size of the loan, applicable risk factors and more. 

 

Please be advised that the Estimates produced by the Mortgage Calculator, as well as Mortgage Funding quotes (“Quotes”), are only estimates which are based upon a combination of information made available by you, algorithmic programs, inferences and deductions.  Due to the fact that market conditions change over time, Estimates and Quotes made available by and through the MortgagePros™ Offerings may differ from time-to-time, and varying Estimates and Quotes may also be generated in connection with the MortgagePros™ Offerings simultaneously. 

 

The Estimates and Quotes are presented on an “as is,” “as available” basis, without warranty of any kind, whether express or implied. MortgagePros™ makes no representation, express or implied, as to the accuracy, timeliness or completeness of the Estimates and/or Quotes, the results that may be obtained from use of the Mortgage Calculator and/or from your request for Quotes.  All Estimates and Quotes are subject to change without notice, and MortgagePros™ does not undertake to update or supplement any Estimate and/or Quote.

 

You acknowledge and agree that use of the Estimates and Quotes is at your own risk. In no event will MortgagePros™ or any affiliated party be liable for any direct or indirect losses caused by any Estimates and/or Quotes featured by and/or through the MortgagePros™ Offerings.  You agree to do your own research and due diligence before making any decision with respect any Estimates and/or Quotes.  You represent to MortgagePros™ that you have sufficient financial sophistication to critically assess the Estimates and Quotes.

 

The Estimates and Quotes made available by and through the MortgagePros™ Offerings are not a substitute for professional financial advice.  You should always check with your professional financial, legal and tax advisors to be sure that any Estimates and/or Quotes, advice, products and/or services featured by and/or through the MortgagePros™ Offerings, as well as any associated risks, are appropriate for you. 

 

Scope; Modification

You agree to the terms and conditions outlined in the Agreement with respect to your use of the MortgagePros™ Offerings.  The Agreement constitutes the entire and only agreement between you and MortgagePros™ with respect to your use of the MortgagePros™ Offerings and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the MortgagePros™ Offerings. MortgagePros™ may change the Agreement, and the scope and functionality of the MortgagePros™ Offerings, in whole or in part, at any time without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification.  The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the MortgagePros™ Offerings.  By your continued use of the MortgagePros™ Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute).  Therefore, you should regularly check the Site for any updates and/or changes. You understand and agree that MortgagePros™ is not responsible or liable in any manner whatsoever for your inability to use the MortgagePros™ Offerings.

Communications & 10DLC Compliance

1. By providing your contact information, you consent to receive account notifications and customer care text messages We comply with all applicable messaging regulations, including 10DLC registration requirements for business messaging.
2. SMS Consent Communication: The Information (Phone numbers) Obtained as part of the SMS consent process will not be shared with third parties for marketing purposes
3. Types of SMS Communications: If you have consented to receive texts messages from MortgagePros, you may receive messages related to the following: Account Notifications and Customer Care Messages
   1. Example: “Hello, we received your online inquiry and see you were interested in financing options. What were you interested in getting done? Reply STOP to opt out of SMS messaging at any time.”
4. Message Frequency: Message frequency may vary depending on the type of communication.
   1. Example: “Message frequency may vary. you may receive up to 3 SMS messages per week regarding your mortgage Inquiry.”
5. Potential Fees for SMS Messaging: Please not that Standard message and data rates may apply, depending on your carrier’s pricing plan. These fees may vary if the message is sent domestically or internationally.
6. Opt-In Method: You may opt-in to receive SMS messages from MortgagePros in the following ways:
   1. By submitting the form in Contact Us
7. Opt-Out Method: You may opt out of receiving SMS messages at any time. To do so, simply reply “STOP” to any SMS messages you receive. Alternatively, you can contact us directly to request removal from our messaging list or clicking the unsubscribe link (where available).
8. Help: If you are experiencing any issues, you can reply with the keyword HELP. Or, you can get help directly from us at support@mtgpros.com Additional Options:
   1. If you do not wish to receive SMS messages, you can choose not to check the SMS consent box on our forms.
9. Standard Messaging Disclosures:
   1. Message and data rates may apply.
   2. You can opt out at any time by texting “STOP.”
   3. For assistance, text “HELP” or visit our [Privacy Policy] and [Terms and Conditions] pages.
   4. Message frequency may vary
10. Data Privacy: We do not sell or share your contact details with third parties for marketing purposes without your consent. For more details, please review our Privacy Policy

 

Content

 

The Site may provide general information about the MortgagePros™ Offerings.  We may discontinue or make changes to the MortgagePros™ Offerings, Content and information, products, licenses, or services described on the Site at any time.  Any Content published by and through the MortgagePros™ Offerings should be deemed published as of its publication date only.  We do not undertake any obligation or responsibility to update or amend any such Content.  Although we try to provide accurate and timely Content on the Site, there may be inadvertent, technical, or factual inaccuracies and/or typographical errors.  For these reasons we cannot warrant the accuracy, completeness, or timeliness of the Content, Estimates, Quotes, information, text, graphics, links and/or other items made available by and/or through the MortgagePros™ Offerings.  The Content should not necessarily be relied upon.  Users understand and agree that MortgagePros™ will not be responsible for, and MortgagePros™ undertakes no responsibility to monitor or otherwise police, Third-Party Content.  Users agree that MortgagePros™ shall have no obligation and incur no liability to the Users in connection with any Content.  Users may find certain Content to be outdated, harmful, inaccurate and/or deceptive.  Please use caution, common sense and safety when using the Content.

Links to Other Websites

The Site may contain links to third-party websites, such as the Social Media Websites and related Third-Party Links, which we do not own or control, but which are provided for your convenience.  If you visit a link to another website, you do so at your own risk, subject to the terms and conditions established by the operator of that website.  The fact that we provide a link to a website does not necessarily mean we endorse, authorize, or sponsor that third-party website, or that we are affiliated with the third-party website’s owners or sponsors.  You acknowledge and agree that MortgagePros™ shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of, or reliance on, any such material available on, by or through any such site. We reserve the right to terminate a link to a third-party website at any time.

Accessing the MortgagePros™ Offerings; Necessary Equipment; Restrictions

The MortgagePros™ Offerings are available only to individuals who: (a) are at least eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions); (b) can enter into legally binding contracts under applicable law; and/or (c) are either acting in their individual capacity or are acting in their capacity as duly authorized representatives of a valid business entity (“Entity”).  If you do not meet the criteria set forth in (a) through (c) in the preceding sentence (collectively, “Eligibility Requirements”), you do not have permission to use and/or access the MortgagePros™ Offerings. Without limiting the foregoing, the MortgagePros™ Offerings are not intended for use by persons in any jurisdiction or country where such use would be contrary to applicable laws or regulations.  We may restrict your access to the MortgagePros™ Offerings when you are physically located in a country in which use of the MortgagePros™ Offerings would be prohibited.  You are responsible for compliance with all applicable laws, rules and regulations in connection with your access to, and use of, the MortgagePros™ Offerings.   If you do not satisfy all of the Eligibility Requirements, you may not access the MortgagePros™ Offerings.

To access and use the MortgagePros™ Offerings, you will need a working connection to the Internet via a web browser on a mobile device and/or computer for which you are responsible for obtaining and maintaining, including all associated costs, expenses, and fees.  MortgagePros™ does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer.  MortgagePros™ does not guarantee that the MortgagePros™ Offerings can be accessed: (i) on all mobile devices; (ii) through all wireless service plans; (iii) in connection with all Internet browsers; and/or (iv) in all geographical areas.  Standard messaging, data and wireless access fees may apply to your use of the MortgagePros™ Offerings.  You are fully responsible for all such charges and MortgagePros™ has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.

From time to time, due to the performance of maintenance, malfunctions or failures of software, equipment, or telecommunications devices, unusual transaction volume, or similar reasons, the MortgagePros™ Offerings may not be available for your use.  We are not responsible for any reliance on the continued availability of the MortgagePros™ Offerings.

Your use of the MortgagePros™ Offerings is limited to the intended functions of the MortgagePros™ Offerings.  Unauthorized use of the MortgagePros™ Offerings and/or our systems including, but not limited to, misuse of any information posted on or through the MortgagePros™ Offerings and/or unauthorized entry into any of our systems is strictly prohibited.  You are prohibited from using the MortgagePros™ Offerings in any manner that:

• Constitutes a use other than your own personal or Entity’s authorized use;
• Accesses data that is not intended for you;
• Attempts to harvest, collect, gather, or assemble information or data;
• Invades the privacy of, obtains the identity of, or obtains any personal information about any other user of the MortgagePros™ Offerings;
• Probes, scans, or tests the vulnerability of the MortgagePros™ Offerings, our network, our security, or authentication measures without proper authorization;
• Attempts to interfere with service to any user, host, or network or otherwise attempts to disrupt our business including, without limitation, via means of submitting a virus through the MortgagePros™ Offerings, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
• Copies, modifies, redistributes, reverse engineers, decompiles or disassembles any aspect of the Site or any content delivered to you via the MortgagePros™ Offerings including, without limitation, any audio or video content delivered via the MortgagePros™ Offerings;
• Sends unsolicited mail, including promotions and/or advertising of products and/or services;
• Is unlawful, fraudulent, or deceptive;
• Communicates any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material;
• Encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
• Violates the Agreement or any other policies or agreements that you enter into with us;
• Fails to comply with applicable third-party terms; or
• Constitutes any other inappropriate conduct, as determined by us in our sole discretion.

In addition, you may not either directly or through the use of any device, software, Internet site, web-based service, or other means:

• Remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content of the Site or any digital rights management mechanism, device, or other Content protection or access control measure associated with the Content made available by and/or through the MortgagePros™ Offerings, including geo-filtering mechanisms;
• Copy, download, stream, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit, or retransmit the Content or the MortgagePros™ Offerings (except as expressly permitted by the Agreement);
• Incorporate the Content made available by and/or through the MortgagePros™ Offerings into, or stream or retransmit the Content via, any hardware or software application, or make it available via frames or in-line links; or
• Create, recreate, distribute, or advertise an index or any significant portion of the Content made available by and/or through the MortgagePros™ Offerings.

You may not build a business utilizing the Content made available by and/or through the MortgagePros™ Offerings, whether or not for profit.  In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on any of the Content made available by and/or through the MortgagePros™ Offerings.  This prohibition applies even if you intend to give away the derivative materials free of charge.

If you violate any provision of the Agreement, we reserve the right to terminate your access to the MortgagePros™ Offerings.  Additionally, we, in our sole discretion, may suspend or terminate your Account at any time, with or without notice.  We may at any time, with or without cause, and without prior notice to you, deny you access to the MortgagePros™ Offerings.  We may terminate the Agreement and/or the MortgagePros™ Offerings, in whole or in part, at any time without prior notice to you.  In the event that we terminate these Terms, any existing transactions you have entered into with us shall remain in effect, unless we provide notice otherwise.

Registration Data

 

In order to obtain access to certain of the MortgagePros™ Offerings, you must first submit the applicable registration and application form to MortgagePros™ for review and initial approval.  The registration data that you must supply in order to obtain access to the MortgagePros™ Offerings may include, without limitation, depending on the applicable MortgagePros™ Offerings requested: (a) your full name; (b) your e-mail address; (c) the address of the subject property; (d) your telephone number; (e) whether you are requesting a mortgage on a newly acquired property or a refinance of an existing mortgage; (f) the closing date (if a newly acquired property); (g) the purchase price (if a newly acquired property); (h) the amount to be received in connection with a mortgage refinance; and (i) any other information requested by us on the applicable registration form (collectively, “Registration Data”). 

Mortgage Calculator; Estimates

 

Users can attempt to utilize the Mortgage Calculator in order to generate a current Estimate associated with a mortgage of a designated amount on a given property.  In order to utilize the Mortgage Calculator, you must input the requested mortgage-related data.  Upon submitting all requested mortgage-related data, an Estimate will be generated.  Please be further advised that the Mortgage Calculator provides estimated mortgage costs only.  All Estimates are hypothetical and for illustrative purposes only.  MortgagePros™ does not represent that the Estimates are accurate, correct or comprehensive.  Further, where you input any inaccurate mortgage-related data, the Estimates will contain corresponding inaccuracies.  The Mortgage Calculator uses standard methodologies to generate Estimates, but there are other methods to appraise mortgage costs/terms that are not employed by the Mortgage Calculator.  MortgagePros™ recommends that you compare the Estimates generated by the Mortgage Calculator prior to making any business decisions.  The Estimates are not a substitute for professional financial advice.  You should always check with your professional financial, legal and tax advisors to be sure that any Estimates are accurate and appropriate for you or your Entity.

 

MortgagePros™ Application Package; Application Data

 

Where you request Mortgage Funding from a specific Third-Party Lender, and that Third-Party Lender expresses a willingness to commence the process of authorizing Mortgage Funding, you may receive a MortgagePros™ Application Package from MortgagePros™.  Upon receipt of same, you must complete the MortgagePros™ Application Package and include: (a) an authorization for a credit report; and (b) all requested information which may include, without limitation, tax returns, financial information, information pertaining to assets and liabilities, information related to past and present employment and other sources of income, demographic information and other information requested in connection with the MortgagePros™ Application Package (collectively, “Application Data”).  You understand and agree that your Application Data, and the completed MortgagePros™ Application Package, will be shared with the applicable Third-Party Lender(s) that you have indicated a willingness to proceed with.

At all times, you must provide true, complete and accurate Application Data, and must update same promptly upon any change to same. Please be advised that mortgage-related fraud may be investigated by the Federal Bureau of Investigation and is punishable by up to thirty (30) years in federal prison or $1,000,000 fine, or both. It is illegal for a person to make any false statement regarding income, assets, debt, or matters of identification, or to willfully overvalue any land or property, in a loan and/or credit application for the purpose of influencing, in any way, the action of a financial institution.

Mortgage Funding

 

Mortgage Funding:  Please be advised that MortgagePros™ does not itself offer Mortgage Funding, and the ultimate terms and conditions of any Mortgage Funding and/or other products and/or services made available by any Third-Party Lender will be determined by the applicable Third-Party Lender(s). Please be advised that MortgagePros™ does not represent that all applicants that submit Mortgage Funding requests will necessarily obtain Mortgage Funding. MortgagePros™ reserves the right to reject any submitted Mortgage Funding Requests in its sole and absolute discretion.  MortgagePros™ shall not be liable to you or any third party in connection with your failure to obtain any Mortgage Funding.

Third-Party Lenders.

 

(a)        MortgagePros™ does not guarantee that the Quotes, fees, terms, interest rates, products and/or services offered by Third-Party Lenders are necessarily the best available or most competitive in the industry. The Third-Party Lenders that are accessible by and through the MortgagePros™ Offerings pay a fee for access to the Users that utilize the MortgagePros™ Offerings. Therefore, the amount of compensation we receive, along with other factors, may influence which Mortgage Funding-related products and/or services you are offered.  The offer that you receive may be from the Third-Party Lender that offered us the most compensation for your completed MortgagePros™ Application Package. MortgagePros™ does not guarantee that Users will successfully find Mortgage Funding-related products and/or services through use of the MortgagePros™ Offerings.

(b)        Please use caution and common sense when using the MortgagePros™ Offerings. MortgagePros™ in no way endorses the content or legality of any responses, statements or promises made by any Third-Party Lenders and/or any other parties featured on the Site or otherwise through the MortgagePros™ Offerings.

(c)        The determination of the need for Mortgage-related products and/or services and the choice of the associated Third-Party Lender(s) are extremely important decisions and should not be based solely on advertisements or claims of expertise offered by any Third-Party Lenders.  MortgagePros™ does not review the standing of any Third-Party Lenders with any regulatory authority and/or any governmental agency.  Therefore, MortgagePros™ makes no representation regarding the status, standing or ability of any Third-Party Lenders.  When considering utilizing the services offered by a Third-Party Lender, Users should check that Third-Party Lender’s qualifications, accreditation, standing, past practices and reputation.

Interactions

 

Users are solely responsible for their interactions with Third-Party Lenders and other third-parties featured on the Site.  Because MortgagePros™ is not involved in User interactions, in the event that a User has a dispute with one or more Third-Party Lenders and/or other third-parties featured on the Site, that User hereby releases MortgagePros™ from any and all claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes.

Registration Data and Application Data

The Registration Data, Application Data and any other content that you submit or make available by and/or through the MortgagePros™ Offerings  shall be subject to, and treated in accordance with, the Privacy Policy.  Without limiting the foregoing, you understand and agree that your Application Data, and the completed MortgagePros™ Application Package, will be shared with the applicable Third-Party Lender(s) that you have indicated a willingness to proceed with.

Please retain copies of all Registration Data, Application Data and other content that you submit, as we are under no obligation to store or return any such Registration Data, Application Data and/or content to you.  You acknowledge that you are responsible for any and all Registration Data, Application Data and/or content that you may submit by and/or through the MortgagePros™ Offerings, including the legality, reliability, appropriateness, originality, and/or intellectual property rights associated with, any such content.

Disclaimer of Warranties

 

THE MORTGAGEPROS™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY ACCESS BY AND THROUGH SAME ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, MORTGAGEPROS™ MAKES NO WARRANTY THAT: (A) THE MORTGAGEPROS™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY ACCESS BY AND THROUGH SAME WILL MEET YOUR REQUIREMENTS; (B) THE MORTGAGEPROS™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY ACCESS BY AND THROUGH SAME WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL OBTAIN ANY SPECIFIC MORTAGE FUNDING AMOUNT IN CONNECTION WITH YOUR USE OF THE MORTGAGEPROS™ OFFERINGS; (D) YOU WILL REALIZE ANY SPECIFIC FINANCING GOAL, FINANCIAL BENEFIT, FUNDING OUTCOME AND/OR OTHER FINANCIAL OUTCOME; (E) THE ESTIMATES WILL BE ACCURATE OR ERROR FREE; OR (F) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MORTGAGEPROS™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY ACCESS BY AND THROUGH SAME WILL BE ACCURATE OR RELIABLE. THE MORTGAGEPROS™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY ACCESS BY AND THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MORTGAGEPROS™, ANY THIRD-PARTY LENDER OR OTHERWISE THROUGH OR FROM THE MORTGAGEPROS™ OFFERINGS, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

 

Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER MORTGAGEPROS™, NOR ITS PARENT, SUBSIDIARIES AND/OR CORPORATE AFFILIATES,  SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MORTGAGEPROS™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE MORTGAGEPROS™ OFFERINGS AND/OR ANY OTHER MORTGAGEPROS™ PRODUCTS AND/OR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER MORTGAGEPROS™ PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE MORTGAGEPROS™ OFFERINGS; (C) YOUR INABILITY TO OBTAIN ANY FUNDING AMOUNT, OR OTHERWISE UTILIZE THE MORTGAGEPROS™ OFFERINGS TO SATISFY ANY MANNER OF FINANCIAL NEED; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA, APPLICATION DATA AND/OR OTHER PERSONALLY IDENTIFIABLE OR NON-PERSONALLY IDENTIFIABLE INFORMATION THAT WAS COLLECTED BY AND/OR THROUGH THE SITE, MORTGAGEPROS™ APPLICATION PACKAGE OR OTHER MORTGAGEPROS™ OFFERINGS INCLUDING, WITHOUT LIMITATION, SEARCH TERMS ENTERED ON THE SITE, WEBSITE REFERRERS, DEVICE TYPES (DESKTOP, MOBILE, TABLET, ETC.), BROWSER TYPES, SITE PAGES VISITED, TIME SPENT ON EACH SITE PAGE, NAVIGATION PATH THROUGH THE SITE, AND/OR ANY ACTION TAKEN ON THE SITE, INCLUDING CLICKS, DOWNLOADS AND FORM SUBMISSIONS; (E) YOUR FAILURE TO REALIZE ANY SPECIFIC MORTAGE FUNDING GOAL, FINANCIAL BENEFIT, FUNDING OUTCOME AND/OR OTHER FINANCIAL OUTCOME; (F) ANY ERROR AND/OR INACCURACY ASSOCIATED WITH THE ESTIMATES; AND (G) ANY OTHER MATTER RELATING TO THE MORTGAGEPROS™ OFFERINGS AND/OR ANY OTHER MORTGAGEPROS™ PRODUCTS AND/OR SERVICES.  THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, SECURITIES LAW VIOLATIONS, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS.  YOU HEREBY RELEASE MORTGAGEPROS™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN.  IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF MORTGAGEPROS™ TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00).  NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE MORTGAGEPROS™ OFFERINGS AND/OR ANY OTHER MORTGAGEPROS™ PRODUCTS AND/OR SERVICES MAY BE BROUGHT BY YOU OR MORTGAGEPROS™ MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION.  THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MORTGAGEPROS™.  ACCESS TO THE MORTGAGEPROS™ OFFERINGS AND/OR ANY OTHER MORTGAGEPROS™ PRODUCTS AND/OR SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS MORTGAGEPROS’® LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Representations and Warranties

Each User hereby represents and warrants to MortgagePros™ as follows: (a) the Agreement constitutes such User’s legal, valid and binding obligation which is fully enforceable against such User in accordance with its terms; (b) such User understands and agrees that such User has independently evaluated the desirability of utilizing the MortgagePros™ Offerings and that such User has not relied on any representation and/or warranty other than those set forth in the Agreement; (c) such User shall at all times provide true and accurate Registration Data and Application Data, and update same promptly as necessary; (d) the execution, delivery and performance by such User of the Agreement will not conflict with or violate: (i) any order, judgment or decree applicable to such User; or (ii) any agreement or other instrument applicable to such User; and (e) such User’s performance under the Agreement and use of the MortgagePros™ Offerings will not: (i) invade the right of privacy or publicity of any third person; (ii) involve any libelous, obscene, indecent or otherwise unlawful material; (iii) violate any applicable law; and/or (iv) otherwise infringe upon the rights of any third-parties including, without limitation, those of copyright, patent, trademark, trade secret or other intellectual property right, false advertising, unfair competition, defamation, invasion of rights of celebrity, violation of any anti-discriminatory law or regulation, or any other right of any person or entity.

Indemnification

You agree, at your own cost and expense, to indemnify and hold the Covered Parties harmless from and against any and all claims, disputes, liabilities, judgments, settlements, actions, debts or rights of action, losses of whatever kind, and all costs and fees, including reasonable legal and attorneys’ fees, arising out of or relating to: (a) your breach of the Agreement; (b) any unauthorized or improper use of the MortgagePros™ Offerings; (c) your violation of applicable law; (d) any failure by you to provide accurate and up-to-date Registration Data and/or Application Data in connection with the MortgagePros™ Application Package; (e) any dispute between you and any other User, Third-Party Lender or other third party; and/or (f) your negligence or misconduct.  If we instruct you in writing, you will, at your cost and expense, defend us from any of the foregoing using counsel reasonably acceptable to us. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any such claim or matter without our prior written consent.

Proprietary Rights

The MortgagePros™ Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, and all MortgagePros™ logos, symbols, expansion names and symbols, play level symbols, trade dress or “look and feel,” and all derivative works or modifications of/to any of the foregoing, and all related and underlying intellectual property (including, without limitation, patents, trademarks, trade secrets and copyrights), are the sole and exclusive property of MortgagePros™. We reserve all rights not expressly granted herein. Except as expressly set forth herein, no right or license is granted hereunder, express or implied or by way of estoppel, to any intellectual property rights and your use of the MortgagePros™ Offerings does not convey or imply the right to use the MortgagePros™ Offerings in combination with any other information or products. The posting of information or material by and through the MortgagePros™ Offerings does not constitute a waiver of any right in or to such information and/or materials.  The “MortgagePros” and “MTGpros” names and logos are trademarks of MortgagePros, LLC.  The use of any MortgagePros™ trademark without MortgagePros’™ express written consent is strictly prohibited.

License

Each User is granted a non-exclusive, non-transferable, revocable and limited license to access and use the MortgagePros™ Offerings.  MortgagePros™ may terminate this license at any time for any reason.  Unless otherwise expressly authorized by MortgagePros™ in writing in each instance, Users may only use the MortgagePros™ Offerings for their own internal business purposes.  No part of the MortgagePros™ Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical.  No User or other third-party may use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the MortgagePros™ Offerings except as expressly permitted by MortgagePros™.  No User or other third-party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the MortgagePros™ Offerings, or any portion thereof.  No User or other third-party may create any “derivative works” by altering any aspect of the MortgagePros™ Offerings.  No User or other third-party may use the MortgagePros™ Offerings in conjunction with any other third-party content.  No User or other third-party may exploit any aspect of the MortgagePros™ Offerings for any commercial purposes not expressly permitted by MortgagePros™.  Each User further agrees to indemnify and hold MortgagePros™ harmless for that User’s failure to comply with this paragraph.  MortgagePros™ reserves any rights not explicitly granted in the Agreement.

Dispute Resolution Provisions

The Agreement shall be treated as though it were executed and performed in the State of Michigan, shall be governed by and construed in accordance with the laws of the State of Michigan (without regard to conflict of law principles) and any proceeding arising in connection with the Agreement may only be brought under the statutes and common law of the State of Michigan.  The parties (and Covered Parties) hereby agree to arbitrate all claims that may arise under the Agreement. Without limiting the foregoing, should a dispute arise between you and either MortgagePros™ or any Covered Party concerning the MortgagePros™ Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) each party agrees to submit their dispute for resolution by arbitration before JAMS, in accordance with the then current General Arbitration Rules & Procedures of JAMS; provided, however, that MortgagePros™ reserves the right to require that any and all user claims be combined and conducted under the JAMS Mass Arbitration Procedures and Guidelines where there are seventy-five (75) or more arbitration demands pending against MortgagePros™ that are similar to the demand for arbitration submitted by you; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here.[INSERT LINK]. The applicable Covered Party(ies) named in the arbitration proceeding (collectively, the “Named Parties”) may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If the Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or the applicable Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must: (i) provide MortgagePros™ with proof that you accessed the Site and provided consent to the Agreement; and, thereafter (ii) submit your dispute for resolution by arbitration before JAMS, in your county of residence, by filing a separate Demand for Arbitration, which is available here.  For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than the applicable Final Settlement Offer, then the applicable Named Party(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the applicable Named Party(ies) will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although the Named Parties may have a right to an award of attorneys’ fees and expenses if they prevail in arbitration, the Named Parties will not seek such an award from you unless the arbitrator determines that your claim was frivolous. 

To the extent permitted by law, and other than where MortgagePros™ requires same as set forth above, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against MortgagePros™, any Covered Party(ies), and/or their respective employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that MortgagePros™ and/or the applicable Named Party(ies) incur(s) in seeking such relief. This provision prohibiting you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.

Other Terms & Conditions

Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.  To the extent that the MortgagePros™ Application Package is in conflict or inconsistent with these Terms, the MortgagePros™ Application Package shall take precedence.  MortgagePros’™ failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.  The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.  MortgagePros™ may, with or without notice to you and in its sole discretion, assign the Agreement and/or any of its rights or delegate its duties under the Agreement to any third party for any purpose. The Agreement, may not however, be assigned by you, and you may not delegate your duties under it.  Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

Social Media Pages and Third-Party Links

The Site contains links to the various MortgagePros™ Social Media Pages, as well as Third-Party Links.  The Social Media Pages are hosted and made available on the Social Media Websites by third party entities.  The Third-Party Links are hosted and made available by third party entities.  Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions.  Your use of web venues made available via the Third-Party Links shall be governed by those web venues’ applicable agreements, terms and conditions.  You understand and agree that MortgagePros™ shall not be liable to you, any other User or any third party for any claim in connection with your use of, or inability to use, the Social Media Pages, Social Media Websites, Third-Party Links and/or associated web venues.

Electronic Signatures

You acknowledge and agree that by clicking on the submit button, or taking such other action as may be designated by MortgagePros™ as a means of accepting the Agreement, you are submitting a legally binding electronic signature and entering into a legally binding contract.  You acknowledge that your electronic submission constitutes your agreement and intent to be bound by the Agreement.  Pursuant to any and all applicable statutes, regulations, rules, ordinances or other laws including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE MORTGAGEPROS™ OFFERINGS.  Further, you hereby waive any right or requirement under any statutes, regulations, rules, ordinances or other law in any jurisdiction which requires: (a) an original signature; (b) delivery or retention of non-electronic records; and/or (c) payments, or the granting of credits, by other than electronic means.

California End-User Consumer Rights

In accordance with Cal. Civ. Code Sec. 1789.3, California State resident end-users may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.

Notice To Texas Residents

 

If you are a Texas resident, under Texas Finance Code § 343.301, MortgagePros, LLC is providing notice that complaints regarding residential mortgage loan originators should be sent to the Texas Department of Savings and Mortgage Lending (SML).

The SML can be contacted at:

Texas Department of Savings and Mortgage Lending

2601 North Lamar, Suite 201

Austin, TX 78705

Phone: 877-276-5550

Website: https://www.sml.texas.gov/

Contact Us

If you have any questions about the Agreement and/or the MortgagePros™ Offerings, please call us at: (248) 416-1361; email us with general inquiries at: info@mtgpros.com, Appraisal-related questions at: appraisals@mtgpros.com, Transfer-related questions at: transfers@mtgpros.com, or complaints at: complaints@mtgpros.com (or use the contact form made available on the “Get In Touch” page on the Site); or send us mail to: 880 W Long Lake Rd., Suite 300, Troy, MI 48098.