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.
|