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Terms and Conditions of use


Welcome to MBS Highway, which is published by MBS Highway, LLC (referred to as "we ", "us " or "our " throughout these terms and conditions).  By becoming a subscriber to our publications, forums and services (the "Service(s)") you are agreeing to be bound by the following terms and conditions of use (the "Terms and Conditions"), which govern the Services, your use of this Website and your relationship with us, with our Content (as defined below) providers and service providers and with their and our respective employees, agents, affiliates, successors and assigns (the "MBS Parties").  If you do not agree to these Terms and Conditions, do not use the Services.  

We reserve the right, in our sole discretion, to amend these Terms and Conditions, and to modify, add or discontinue any aspect, content, or feature of the Site or the Services. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Service, via e-mail or any other reasonable means. Continued use of the Site and/or Services by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions.

We may modify these Terms and Conditions from time to time in our sole discretion, without notice to you, by posting such changes on this Website. Each time you use the Services following any modifications to these Terms and Conditions, you will be deemed to have accepted any such modifications.

General Terms and Conditions:

By subscribing to our Services you agree that use of our Services and the indicators, strategies, commentaries, columns, articles and all other features in our publications and other Services (collectively, the "Content") is for informational and educational purposes only, and the information is used at your own risk.  We are not a registered investment advisor nor a broker dealer and do not serve as a consultant or personalized advisor. As such, we assume no fiduciary obligations to you, and you specifically disclaim and waive the formation of a fiduciary relationship with us.  We encourage you to get personal advice from a professional investment advisor and to make independent investigations before acting on information that we issue.

You understand and acknowledge that there is a degree of risk involved in trading mortgage-backed bonds or other securities, and you can lose all your money. Past results of any individual mortgage loan originator published in the Services are not indicative of future results by that originator, and are not indicative of future results which may apply for you.

Our employees and Content providers may take on positions in the bonds, stocks or industries discussed in the Content of the Service. You should not rely solely on the Content in making any decision or investment. Rather, you should use the Content only as a starting point for doing additional independent research in order to allow you to form your own opinion regarding the locking or floating of mortgage loan interest rates.

Charts, news, market quotes and updates, historical information and other factual statements and information in the Content of the Services are made based on reasonable diligence.  However, we do not make any representation or warranty, express or implied, or in any way guarantee the accuracy of said statements nor do we recommend that such information serve as the basis for any investment decision.  You specifically acknowledge and waive any warranty or guarantee of the accuracy of said statements. Daily updates are subject to market fluctuations and are based on the latest quotes received from third-party data contributors and may be subject up to a 20 minute delay.  Factual statements in the Content of the Services are made as of the date stated and are subject to change without notice.

By using the Content of the Service, you assume full and sole responsibility for any and all gains and losses that may be experienced, suffered or incurred by you, whether of a financial, or emotional basis, or otherwise.  Neither we nor any of the other MBS Parties guarantee the accuracy, completeness or timeliness of, or otherwise endorse in any way, the views, opinions or recommendations expressed in the Content.  

We do not give investment advice, and do not advocate the purchase or sale of any security or investment by you or any other individual. The Content is not intended to provide tax, legal or investment advice, which you should obtain from your professional advisor prior to making any investment of the type discussed in the Content.  The Content does not constitute a solicitation by the information providers, us or others of the purchase or sale of bonds or securities.

We reserve the right to change, suspend or discontinue any aspect of our Website or the Services at any time, including the availability of any portion of our Website or the Services.

In consideration of your use of the Services, you agree that you are at least eighteen (18) years of age and you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the Registration Form, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, we have the right to terminate your account and refuse any and all current or future use of the Services. You agree not to resell or transfer the Service or use of or access to the Services.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY:

THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICES.  SPECIFICALLY, ON BEHALF OF OURSELVES AND EACH OF THE MBS PARTIES, WE DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, and WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.  NEITHER WE NOR ANY OF THE MBS PARTIES WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT.

NEITHER WE NOR ANY OF THE MBS PARTIES SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RELATING TO OR ARISING OUT OF (A) USE OF OUR WEBSITE, THE SERVICES OR THE CONTENT, (B) ANY BREACH OF ANY WARRANTY, (C) INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE OR THE SERVICES or any technical malfunctions, (D) any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services, OR (E) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR WEBSITE OR THE SERVICES OR OF ANY OTHER PERSON OR ENTITY.  BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF  US AND OUR EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Your sole remedy in the event of MATTERS IN CLAUSES (A)-(E) OF THE PRECEDING PARAGRAPH shall be to request that we correct the matter or, if we fail to do so, to discontinue use of the Services. IN NO EVENT SHALL THE TOTAL LIABILITY OF US AND THE OTHER MBS PARTIES TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, RELATING TO OR ARISING OUT OF THE MATTERS IN CLAUSES (A)-(E) OF THE PRECEDING PARAGRAPH EXCEED THE SUBSCRIPTION FEES PAID BY YOU TO US FOR THE SERVICES DURING THE 12 MONTHS PRIOR TO THE DATE SUCH DAMAGES, LOSSES OR CAUSES OF ACTION AROSE.

MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE OTHER MBS PARTIES BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.

SHARING OF CONTENT NOT PERMITTED:

You acknowledge and agree that all content and materials available through our Website or the Services are intellectual property protected by copyrights, trademarks, service marks, patents, trade secrets, or other laws and proprietary rights of us and our third parties licensors.  We do not grant any license, sublicense or other authorization to you with respect to such intellectual property by including them on this Website. 

You may download material from the Website and our Services only for purposes of your personal, non-commercial informational use only, without altering or removing any trademark, copyright, or other notice from such material.   You may not download or save a copy of any of the content or screens, except as otherwise provided in these Terms and Conditions, for any purpose, without our express written consent.

You agree not to in any way, shape or form photocopy, reprint, reproduce, share, distribute, sell, publish, broadcast (including, but not limited to, news groups, mailing lists, e-bulletin boards and/or e-mail) or circulate the information received through or by our Services to anyone, including but not limited to others in the same company or organization, without our express prior written consent. We reserve the right to refuse to provide any and all of the Services to any person we so desire. We reserve the right to be compensated by any person sharing the information provided in our Services, or who receives any such information.   In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way on the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise. This prohibition applies even if you intend to give away the derivative materials free of charge.

PAYMENT:

Each paid subscriber is responsible for the subscription fees and any charges incurred to access the Service. After you become a registered subscriber to our Services, and after the initial subscription period, you hereby authorize us to automatically charge your credit card at the then current subscription fee rate applicable to your subscription term until you cancel your subscription through the proper subscription cancellation process, found through our Website, or by contacting our office either by phone, email, U.S. mail or other transmission. Monthly, Quarterly, Semi-annual and Annual Subscriptions are billed on the anniversary date of your original membership registration. If you cancel your subscription prior to the next charge date, your subscription will be subject to the Refund Policy below.

Refund Policy:

Monthly and quarterly subscriptions: Cancellable at the end of the current paid monthly or quarterly term - no refunds.

Semi-annual subscriptions (initial six month subscription):

Cancelled in the first 30 days - 100% refund.

No refunds thereafter during the initial six month subscription

Semi-annual subscriptions (renewals, each subsequent six month subscription after the initial six months):

Cancelled in the first month after renewal - 100% refund

No refunds if cancelled in the second through sixth month of each subsequent six month subscription after the initial six months

Annual subscriptions (initial twelve month subscription):

Cancelled in the first 30 days - 100% refund

No refunds thereafter during initial twelve month subscription.

Annual subscriptions (renewals, each subsequent twelve month subscription after the initial twelve months):

Cancelled in the first month after renewal - 100% refund

No refunds if cancelled in the second through twelfth month of each subsequent twelve month subscription after the initial twelve months.

User Conduct On OUR Website:

The following rules apply to all users of our Website and Services and are a condition of your use of and access to the Services. These rules are in addition to the restrictions contained elsewhere herein. You are responsible for the content of your communications via our Website and the Services and any content or materials you post or otherwise transmit or make available to others.

You may not engage in promotional or commercial activities, spam, disseminate surveys or engage in any mass messaging or post in comments or elsewhere, transmit or in any way exploit any information, software or other material for commercial purposes or that contains advertising, "junk mail," "spam," "chain letters," investment opportunities, pyramid schemes or other unsolicited commercial communication (except as otherwise expressly permitted by us); or solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users; or or solicit others to sell or buy any security or other investment vehicle.

You may not impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity.

You may not post or transmit any content, including video, audio and text content, software or other material that violates or infringes the rights of any third party, including copyright, trademark, patent, privacy or publicity rights.

You may not use our Website and Services to knowingly violate any local, state, national or international law (including without limitation the U.S. export laws and regulations, the Securities Act of 1933 and Securities Exchange Act, or any rule of the New York Stock Exchange, the NASDAQ/AMEX or any other securities exchange) or to encourage or provide content that contains instructional information about illegal activities or conduct that would constitute a criminal offense, give rise to civil liability or otherwise (including without limitation accessing unauthorized copyrighted content).

You may not use our Website or Services to collect personally identifying information about users of the Service in violation of our Privacy Policy.

You may not attempt to gain unauthorized access to other computer systems or networks connected to our Website or Services or use our Website or Services, the Content or any information contained therein for any unlawful purpose. We, in our sole and absolute discretion, shall determine whether any content you transmit or receive or your use of the Service violates this provision. You may not use any Services in connection with any site or other use that contains or is associated with information or content prohibited by this section.

You may not post or transmit, and we reserve the right to immediately remove, any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind. You may not use our Website or Services to threaten, stalk, harass, or advocate the harassment of another person or entity, use offensive language or otherwise transmit deliberately offensive comments. You may not use our Website or Services to engage in disruptive activities online, such as use of scripts, sound waves, scrolling (repeating the same message over and over). You may not post or transmit any information or software which contains a virus, trojan horse, bot, worm or other harmful component.

We have no obligation to monitor the use of our Website or the Services. You acknowledge and agree, however, that we do retain the right to monitor any and all information transmitted or received through our Website or the Services for operational and other purposes. Such information may, in accordance with our Privacy Policies, be examined, recorded, copied, used and  disclosed as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Services properly, or to protect ourself or our subscribers. Use of our Website or Services constitutes consent to such monitoring. We will not intentionally monitor or disclose any private electronic- mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions.

User Content:

Portions of the Site or Services may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material, including your name and likeness, to us, the Site or Service or others ("User Content"). By posting such User Content you represent and warrant that it complies with these Terms and Conditions.

By uploading or inputting User Content to our Website you hereby acknowledge and agree that you are granting us (including without limitation our licensees, successors and assigns) the perpetual and irrevocable, non-exclusive right and license to: (a) use, copy, create derivative works from, reproduce, distribute, display, exhibit, host, cache, store, "fingerprint" through use of content recognition technology, archive, index, categorize, comment on, tag, transmit, broadcast, stream, edit, alter, modify, synchronize with visual material, create algorithms based thereon, and transcode the User Content to appropriate media formats, standards or mediums; and (b) otherwise use, exhibit and exploit, and sell, license, assign and otherwise transfer to third parties the right to use, exhibit and otherwise exploit the User Content (in whole or in part and as altered by us in our sole discretion) throughout the world in perpetuity, in any and all media, whether now existing or hereafter devised, including, without limitation, on our Website, publications and Services and on other websites, and as well as in connection with any distribution or syndication arrangement with third parties or third party sites, in any media format or medium and through any media channels and for any purpose (including, without limitation, advertising, promotion and publicity for the Website and the Services), all without further notice to, consent from or payment to you. You waive any and all "moral rights" you may have in the User Content.

Without in any way limiting the foregoing, you acknowledge and agree that we and our licensees, successors and assigns shall have the right to sell, license, assign and otherwise transfer any and all of the rights granted by you to us under these Terms and Conditions, and to display any advertising, publicity, promotional materials and distribution rights in connection with your User Content. Nothing in these Terms and Conditions obligates or may be deemed to obligate us or any other person or entity to exercise any of the rights granted by you under these Terms and Conditions.

You grant the rights hereunder whether or not your User Content or any part thereof is actually used by us. You acknowledge that your consideration for the rights you grant in your User Content is the possibility that we will review or use your User Content. You will not receive any further compensation of any kind for your User Content or the use thereof, and you agree that we shall have the right to give you no credit or determine in what form to give you credit for any use of your User Content.

We shall not be subject to any obligations of confidentiality regarding submitted information, except as expressly agreed by us or as otherwise specifically agreed or required by law.

We shall have the right, in our sole discretion, not to post the User Content on any website, to remove the User Content from any website on which it has been posted, and not to use, exhibit or otherwise exploit your User Content in any manner whatsoever.

We are not responsible for the User Content, accuracy or opinions expressed on the Service, and we do not investigate, monitor or check for accuracy or completeness User Content or postings. You understand that by using the Service, you may be exposed to Content and communications that are offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any communications, including, but not limited to, liability for any errors or omissions in any User Content or communications, or for any loss or damage of any kind incurred as a result of the use of any User Content or communications posted, e-mailed, or otherwise transmitted via the Service.

Links from and to Website:

Inclusion of any linked website or reference materials on our Website or the Services does not imply any approval, endorsement or authentication of any content, products, advertising or other materials appearing on the linked website or reference materials by us or any of our Website co-branding providers, or any association between the owners or operators thereof us or any of our Website co-branding providers.  Neither we nor any of our Website co-branding providers shall be liable for the content of such linked websites or reference materials or for any actions taken in reliance thereon.  When you access these third-party sites, you do so at your own risk. Neither we nor any of our Website co-branding providers shall take any responsibility for third party advertisements that are posted on or through the Website or Services, or take any responsibility for the goods or services provided by our advertisers.

The links on this Website may provide you with access to other websites where the trading of securities is possible. You acknowledge and agree that we shall not be responsible or liable with regard to any trading which may be conducted on such linked trading sites or any other website which may be linked to or from the Service, and hereby waive any such claims. You acknowledge and agree that the bond, stock and mutual fund price quotes and news stories which are accessed within a trading day may be delayed at least 20 minutes, as may required by exchanges and information providers. You acknowledge and agree that you bear responsibility for your own investment research and investment decisions, and that we shall not be liable for any decision made or action taken by you or others based upon reliance on information or materials obtained through use of the Service. Prior to the execution of a securities trade, you should always consult with your broker or other financial representative to verify securities pricing information.

Content in the many web pages that are linked to the Service comes from a variety of sources. Some of this information comes from our licensees, but much of it comes from unofficial or unaffiliated organizations and individuals, both internal and external to us. We do not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.

Communications:

When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, satisfy any and all legal requirements that such communications be in writing.

Other Information:

We are taking reasonable and appropriate measures, including encryption, to ensure that your personal information is disclosed only to those specified by guarantee that the personal information you have entered will not be intercepted by others and decrypted. If you wish to make purchases through the Service, you may be asked by the merchant, information provider or service provider from whom you are making the purchase to supply certain information, including credit card or other payment mechanism information. You agree not to hold us liable for any loss or damage of any kind incurred as a result of any such dealings with any merchant, information provider or service provider.  You agree that any and all information you provide any merchant, information or service provider for purposes of making purchases will be accurate, complete and current. The merchants, information and service providers offering merchandise, information and services through the Service set their own prices and may change prices or institute new prices at any time. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases through the Service.

Should we provide to you a password that allows you to access certain parts of our Website or for the Services, you will be solely responsible for maintaining the confidentiality of the password and your account information, and are fully responsible for all activities that occur under your password or account. You agree that you will immediately notify us of any unauthorized use of your password or account, or any other breach of security, and that you will log off of our Website or the Services at the end of each session to prevent fraud on your account by third parties.

Failure to Comply With Terms and Conditions and Termination:

Subscription to this Service may be terminated at any time, and without cause, by either us or you, upon notification by U.S Mail, overnight delivery service, telephone or e-mail. When termination is requested by you, subscription fees are subject the Refund Policy listed above. You are liable for charges incurred by you until termination of service.

You acknowledge and agree that we may terminate your password or account or deny you access to all or part of the Service without prior notice if you engage in any conduct or activities that we, in our sole discretion, believe violate any of these Terms and Conditions, violate our rights, or is otherwise inappropriate for continued access.

You acknowledge and agree that we may, in our sole discretion, deny you access, through the Service, to third party services, merchandise, materials or information on the Internet, and we shall have no responsibility to notify any third-party providers of services, merchandise or information providers, nor shall we have any responsibility for any consequences resulting from lack of notification.

 You agree to defend, indemnify and hold us and our parent and subsidiary companies and affiliates and our and their respective directors, officers, employees and agents harmless from any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Site or Service; (c) any breach of any of the representation, warranties or other terms or conditions relating to use of User Content you supply (d) any non-compliance by you with the terms and conditions of these Terms and Conditions; and (e) claims brought by persons or entities other than the parties to these Terms and Conditions arising from or related to your access and use of our Website or the Services, including the information obtained through our Website or the Services.

Miscellaneous:

The Terms and Conditions and the relationship between you and us shall be governed by the laws of the State of New Jersey, without regard to its conflict of law provisions. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts located within the state of New Jersey regarding any and all disputes relating to these Terms and Conditions or your use of the Site and Services.

No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default.

If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.

These Terms and Conditions and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.

You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in these Terms and Conditions are material terms of these Terms and Conditions and that they have been taken into account in the decision by us to provide access to the Website and the Services hereunder.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, or the Terms and Conditions, must be filed within one (1) year after such claim or cause of action arose or be forever barred.

You may not assign any of your rights, obligations or privileges hereunder of with respect to your subscription for the Services without our prior written consent. Any assignment of the foregoing other than as provided for in this section shall be null and void, ab initio.  We and our successors, licensees and assigns, will have the unlimited right to assign these Terms and Conditions and the rights granted by you under these Terms and Conditions at any time, in whole or in part, to any party.

The titles and subtitles used in these Terms and Conditions are used for convenience only and are not to be considered in construing or interpreting these Terms and Conditions.

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