Home | Types of Protection | Tools and Information | Visitor Comments
 

Terms of Service:             
 

PURPOSE:

This site and the information herein is provided as a free service provided by Mortgage Insurance Plus to our users.  The information, tools and materials provided on this site are provided for general information purposes and may not be relied on as a substitute for professional or legal advice. The views or opinions on this site or on any site linked to on this site do not necessarily reflect the views or opinions of Mortgage Insurance Plus or its partners or affiliates.

 

RELATIONSHIP:

The use of this site or its contents is not intended to nor does it create any legal relationship between Mortgage Insurance Plus and the user. Neither the transmission nor receipt of the same information, tools or materials will constitute a legal relationship between the sender and the receiver.

 

ACCURACY:

The information is not guaranteed to be correct, complete, or current. Mortgage Insurance Plus makes no warranty, expressed or implied, about the accuracy or reliability of the there to mentioned information, tools or materials contained herein, or at any other website to which this site is linked.  Mortgage Insurance Plus also assumes no responsibility for the content and accuracy of materials contained in external sites to which links are provided on this website.

 

PRIVACY:

We are very concerned with protecting your privacy and only disclosure of your personal information with affiliated independent insurance representatives is solely for the purposes of them assisting you in acquiring insurance protection.  Our complete Privacy Policy is detailed on our Private Policy Page and is included here by as part of our Terms of Service.

 

COMMUNICATIONS:

In providing you our free service it is necessary for us to communicate with you and with our network of licensed insurance agents.  We make every attempt to keep these communications professional and focused however we use third party unaffiliated services to assist us.  Our complete Communication Policy is detailed on our Communication Policy Page and is included here by as part of our Terms of Service.

 

DISPUTE RESOLUTION:

Any claim or controversy arising out of or relating to the use of this Website, to the goods or services provided by Mortgage Insurance Plus, or to any acts or omissions for which you may contend Mortgage Insurance Plus is liable, including but not limited to any claim or controversy shall be settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The Arbitration shall be in Sedgwick County, Kansas.

The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to Mortgage Insurance Plus. In any arbitration, Mortgage Insurance Plus will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party, provided, however, that in Maine any cost to the consumer shall be limited to the cost of filing a court case. To begin the arbitration process, a party must make a written demand therefore.

Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Sedgwick County, Kansas. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto, except in Maine where state law will control all rights and remedies in the arbitration. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND MORTGAGE PROTECTION PLUS WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using Mortgage Insurance Plus goods and services you consent to these restrictions.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Mortgage Insurance Plus, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Sedgwick County, Kansas. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees.

 

OTHER TERMS:

This Agreement constitutes the entire agreement between you and Mortgage Insurance Plus and it supersedes all prior communications, promises and proposals, whether oral, written or electronic, between you and Mortgage Insurance Plus with respect to this Web site and information, software, products and services associated with it. This Agreement shall be subject to and construed in accordance with the laws of the State of Kansas, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.  You are also encourage to read our

PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT


Your use of our free service is construed to be both your knowledge of and acceptance of our Terms of Service Policy which includes our Privacy Policy and Communication Policy.  You are always free to not use our service and if anything in our Terms of Service Policy that alarms you we encourage you to not use our free service.