Website Terms of Use

PLEASE CAREFULLY READ THESE TERMS OF USE (“Agreement” or “Terms of Use”) BEFORE ACCESSING OR USING THIS WEBSITE. Doctor Mortgage Alliance and/or its subsidiaries and/or its affiliated companies (herein referred to as “Doctor Mortgage Alliance”, “we”, “us”, and/or “our”; the terms “we”, “us”, and/or “our” may also refer to contractors and service providers engaged by Doctor Mortgage Alliance companies to support their business activities, as the context may require) own, operate, or control this website and the pages thereof (collectively, the “Website”) in order to provide information about and/or to deliver products and services offered by Doctor Mortgage Alliance and for other business purposes.  We require all users and viewers of our Website to agree to the terms of this Agreement as a condition to accessing or using our Website. In addition, when using particular services or materials on the Website, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.  BY REGISTERED FOR AND ACCESSING THIS WEBSITE OR USING THE SERVICES, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE LIABILITY DISCLAIMERS CONTAINED BELOW.  IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY DISCONTINUE USING AND ACCESSING THIS WEBSITE AND SHOULD NOT DOWNLOAD ANY INFORMATION FROM IT.  WE MAY MODIFY THIS AGREEMENT AT ANY TIME AND FROM TIME TO TIME IN OUR SOLE AND ABSOLUTE DISCRETION WITHOUT NOTICE TO YOU.  YOU SHOULD PERIODICALLY REVIEW THIS AGREEMENT CAREFULLY IN ORDER TO MAKE SURE THAT YOU ARE AWARE OF THE MOST CURRENT TERMS AND CONDITIONS FOR THE USE OF OUR WEBSITE.  ANY USE OR VIEWING OF OUR WEBSITE BY YOU AFTER ANY CHANGE TO THIS AGREEMENT, WHETHER OR NOT YOU HAVE REVIEWED THE AMENDED AGREEMENT, CONSTITUTES YOUR ACCEPTANCE OF THE AGREEMENT AS CHANGED.  Materials on this Web Site may be accessed, downloaded and printed only for personal and non-commercial use. By using this Website, you agree that you will not use any materials or information found on this Website for any purpose that is unlawful or prohibited by this Agreement, including, but not limited to, the use of this Website from locations outside of the United States of America or if you are under 18 years of age. Your permission to use the Website is automatically terminated if you violate any of the terms contained in this Agreement. We may modify, suspend, restrict, or discontinue the operation, maintenance or provision of this Website, any pages thereof, and/or any related content, features, products or services, or the terms thereof, at any time without notice or liability to you or any third party.  Any rights granted to you herein shall terminate immediately should you violate any term or provision of this Agreement.  Doctor Mortgage Alliance, in its sole discretion, reserves the right to terminate your access to and use of the Website at any time and for any reason whatsoever without notice.  Doctor Mortgage Alliance will not be liable to you for any termination of your access to or use of the Website.

PRODUCT AVAILABILITY AND NO PERSONAL ADVICE

Not all products and services described in our Website are available in all geographic areas, and the terms of certain products and services may vary from geographic area to area.  You may not qualify for certain products and services, and we reserve the right to determine eligibility for any product or service.  Products and services described, as well as fees, charges, terms and conditions relating to such products and services, are subject to change without notice.  No information on our Website is intended as a legal offer or solicitation for the purchase of any security or financial instrument, product or service, and all products and services are subject to our eligibility and application requirements. Our products and services are offered only in jurisdictions where they may be lawfully offered.  No Doctor Mortgage Alliance company is acting as an advisor or fiduciary in publishing any information on our Website. The Website is not intended to provide legal, tax, investment, or insurance advice. You are solely responsible for determining whether any investment, investment strategy, security, or related transaction is appropriate for you based on your personal investment objectives, financial circumstances, and risk tolerance. You should consult a qualified advisor in the event you should need legal, tax, or accounting advice with respect to any specific circumstances. This Website and/or any products, services or information described or provided therein are not intended to be distributed or made available to or used by any person or entity in any jurisdiction, state or country where such distribution, availability or use would violate applicable law.

 

Description of Services

We make various services available on this Website including, but not limited to, financial services recommendations, and other like services (the “services”). You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access, if any).

We reserve the sole right to either modify or discontinue the Website, including any of the Website’s features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the services on this site shall also be subject to these Terms of Use.

We reserve the sole right to display advertising to you, to facilitate third party offers and to partner or affiliate with any other person for the purpose of marketing additional services or products to you. You acknowledge that the services offered on the site are the only services offered to you and are delivered via your access to the Website only and your use of theWeb site does not include any live, personal or one-on-one counseling or communication.

Site Property

You acknowledge and agree that Doctor Mortgage Alliance, our licensors, and/or our service providers own all rights to this Website and the content and works of authorship displayed on the Website, including, without limitation, any information, data, communications, text, software, photos, images, audio, music, sounds, video, graphics and other material and services that can be viewed by users on our Website (collectively, the “Site Property”). This includes message boards, chat and other original content.  You are authorized to access, view and use the Site Property only for your own informational, noncommercial purposes, or as otherwise expressly permitted pursuant to the terms of this Agreement or pursuant to the express terms of use regarding any specific product or service available through the Website. You may not copy, reproduce, retransmit, disseminate, display, publish, sell, broadcast, circulate, distribute, commercially exploit, or create derivative works from any Site Property in any form. You further agree not to reverse engineer or reverse compile any of our technology associated with the Site Property.  You further acknowledge and agree that the Doctor Mortgage Alliance names and logos and all related product and service names, design marks and slogans, as well as other trademarks and service marks, trade names, and trade dress appearing on the Website (collectively, the “Marks”) and related intellectual property rights in the products and services are proprietary and the property of Doctor Mortgage Alliance, our licensors and/or our service providers.  You are not authorized to use such Marks or related intellectual property rights in the products or services without our prior express written consent and/or the prior express written consent of the owner of the applicable Mark or related intellectual property rights in the products or services.  You acknowledge that, except as expressly provided in this Agreement, we have granted you no license or rights whatsoever in or to any Site Property, Marks or related intellectual property rights in the products or services, and we and/or our licensors and service providers retain all rights therein. Doctor Mortgage Alliance reserves all rights not expressly granted in this Agreement.

 

The Website and its entire contents, features, and functionality (including but not limited to all web pages, user interfaces, information, design, software, source code, text, displays, graphics, images, videos, and audio recordings, and the design, selection, and arrangement thereof) are owned, controlled, or licensed by Doctor Mortgage Alliance, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Except as expressly provided in this Agreement, you may not copy, display, distribute, transmit, transfer, link to, reproduce, license, frame, alter, create derivative works of, reverse engineer, or republish all or any portion of the Website for any commercial or public purpose without Doctor Mortgage Alliance’s prior written consent. You may, however, view information available on the Website for your informational purposes.

 

Your use of the services, including the Website, imposes on you an obligation of appropriate use and conduct, which includes, but is not limited to, not causing an unreasonable or disproportionately large processing load on our services or systems, not engaging in any conduct that restricts or inhibits use of the services by others, and not introducing or transmitting any virus, worm, Trojan horse or other material that may harm or disrupt our services or systems. Unauthorized use of the services, our website and/or computer systems, including but not limited to unauthorized entry into our computer systems, misuse of passwords, or misuse of any information or material posted on this Website, is strictly prohibited.  Any attempted unlawful use may subject you to liability for damages or criminal prosecution.

 

Neither we nor our affiliates warrant or represent that your use of materials displayed on, or obtained through, this Website will not infringe the rights of third parties. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Doctor Mortgage Alliance. All other trademarks or service marks are the property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Doctor Mortgage Alliance.

 

Unauthorized Use of Materials

Subject to our Privacy Policy, any communication or material that you transmit to this Website or to us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.  You shall not submit confidential or proprietary information to us unless we have mutually agreed in writing as to its protection and confidentiality.

 

Compliance with Laws

You may use the services, including the Website, only for lawful purposes and you agree not to use the services in any way that violates any applicable federal, state, local, or international law or regulation. You agree not to use our Website for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another’s privacy, abusive, threatening, obscene, or that infringes the rights of others.  You also agree that your use of our Website is personal to you and that you will not resell or assign use of our Website or make any unauthorized commercial use of our Website. You agree that we may display advertisements and promotions of all kinds on the Website. You agree not to use or attempt to use this Website or any part of this Website in any way or for any purpose that (i) attempts to probe, scan, or test the vulnerability of any services, systems, networks, servers, or accounts related to the Website, (ii) attempts to gain unauthorized access to materials, services, systems, networks, servers, or accounts connected or associated with the Website through hacking, password or data mining, or any other means of circumventing any access-limiting, user authentication, or security device of the Website, (iii) attempts to redeliver, reproduce, or circumvent any page, text, image, or materials on the Website (iv) transmits any harmful or disabling computer codes or viruses, (v) interferes with our network services; (vi) interferes with or induces a breach of the contractual relationships between Doctor Mortgage Alliance and its customers or service providers; (vii) dilutes or depreciates the name and reputation of Doctor Mortgage Alliance or any of its affiliates; or (viii) transmits or uploads pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images, or (ix) otherwise interferes with the Website’s functionality.  With respect to your account and your online conduct, you agree to comply with all laws, rules, codes, and regulations of the United States, including without limitation, all laws, rules, codes, regulations, decrees, acts, orders, directives, legislation, bills and statutes pertaining to tax, contracts, intellectual property, securities, e-commerce, banking, technology, computers, fraud, data security and privacy.

 

Conduct on Website

Your use of the Website is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Website. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive services that may be available to you on or through this Website, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:

  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
  • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • infringes on any patent, trademark, trade secret, copyright, rights of publicity, or other proprietary rights of any party;
  • constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  • contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
  • impersonates any person or entity, including any of our employees or representatives.

 

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Website. We do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this Website. However, we and our agents have the right at our sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our Website, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, rights of publicity, or other proprietary rights of any party.

 

In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Website may be available to you or other authorized users of the Website. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.

 

You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our Website without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

 

Consent
You hereby understand and agree that by using this Web Site, you automatically and without any further action have established a business relationship between you and Doctor Mortgage Alliance and its affiliates and subsidiaries. As a result you agree to allow Doctor Mortgage Alliance to contact you about its business via telephone, e-mail and /or standard mail using the contact information you have provided. You hereby consent to such contact even if your phone number is on any Do Not Call list.

 

Permission to Share Information with a Preferred Third Party Provider Servicing Your Area
While Doctor Mortgage Alliance can complete most every request, you may live in an area in which we cannot. By completing and submitting the Quick Assessment, you authorize us to share only your contact information with one of our preferred third-party providers servicing your area. You further authorize such third-party provider to contact you regarding your request for seeking a Doctor Loan. If you do not authorize the sharing of your contact information as described above, please do not submit the Quick Assessment and simply give us a call at the 800#. If you do not and we determine that we cannot assist you in your area, we will forward your contact information to a preferred third-party provider who may be able to assist you. We respect your privacy and all information is secure and confidential.

 

 

Links to Third Party Sites or Products

This Website may provide links to websites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by third parties or controlled by third parties who are not Doctor Mortgage Alliance affiliates or subsidiaries. We hereby disclaim all liability for any other company’s website, content, information, materials, products, privacy policies, security or services offered at any of the third-party sites linked to this Website.  These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.  The availability of a link to another party’s Website is provided as a convenience, it does not constitute an endorsement or sponsorship of any third party or their products and/or services and does not create an affiliation or partnership between Doctor Mortgage Alliance and any third party. You should also be aware that third parties have different security and/or privacy policies than Doctor Mortgage Alliance and those third parties may treat your personal information differently than we do and may have different information security practices.  In the event you choose to use the products or services available at a linked site, you agree to read and adhere to the policies and terms of use applicable to that site.  In addition, any advice, opinions, services, products or recommendations provided by the linked site providers are those of the providers and not of Doctor Mortgage Alliance.  Your participation in any linked site, including payment for and the delivery of goods or services, is based solely on the agreement, if any, between you and the linked site provider.

 

Liability Disclaimer

Doctor Mortgage Alliance STRIVES TO MAKE SURE THAT THE INFORMATION ON ITS WEB SITE IS ACCURATE AND UP-TO-DATE. HOWEVER, INACCURACIES OR ERRORS CAN OCCUR AND WE DO NOT WARRANT INFORMATION APPEARING ON THIS WEBSITE OR SERVICES PROVIDED THROUGH THIS WEBSITE FOR COMPLETENESS, TIMELINESS OR ACCURACY.. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. Doctor Mortgage Alliance RESERVES THE RIGHT TO CHANGE OR MODIFY THE CONTENT OF ITS WEB SITE AT ANY TIME WITH OR WITHOUT NOTICE. YOUR CONTINUED USE OF THE WEB SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH MODIFIED TERMS. THIS WEB SITE AND ALL OF THE INFORMATION CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABILE” BASIS.  Doctor Mortgage Alliance EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANYTHING WHATSOEVER RELATING TO THIS WEB SITE AND ANY INFORMATION PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY THAT (I) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (II) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE, TIMELY, COMPLETE, ADEQUATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND/OR (V) ANY ERRORS WILL BE CORRECTED.  ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, WHETHER DUE TO ANY VIRUS OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.  THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS WEBSITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

 

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. Through your use of the Website, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS WEBSITE, WITH ANY THIRD PARTY AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

 

You understand and agree that temporary interruptions of the services available through this Website may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this Website, and therefore, delays and disruption of other network transmissions are completely beyond our control. You understand and agree that the services available on this site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.

 

LIMITATION OF LIABILITY

YOU AGREE THAT WE WILL NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY HARMS, INJURIES, CLAIMS OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVENT IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, RESULTING FROM (I) THE USE OF OR THE INABILITY TO USE THE WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS WEBSITE, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (IV) STATEMENTS OR CONDUCT OF ANY OTHER PERSON USING OR ACCESSING OUR WEBSITE, (V) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS OR LINE OR SYSTEM FAILURE, AND/OR (VI) ANY OTHER MATTER RELATING TO THE WEBSITE OR YOUR USE THEREOF AND/OR THE CONTENT LOCATED THEREON.   FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS WEBSITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.   IF YOU LIVE IN A JURISDICTION THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OFLIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR IMPLIED WARRANTIES, SOME OR ALL OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU..

Indemnification and Legal Relief

EXCEPT WHEN CAUSED BY OUR INTENTIONAL MISCONDUCT OR WANTONNESS, you agree to protect, fully compensate, indemnifyand hold Doctor Mortgage Alliance, its affiliates, service providers and/or its licensors harmless from and against any and all loss, cost, damage, or expense including, but not limited to, reasonable attorneys’ fees, including such costs and fees on appeal, if any, caused by or incurred by Doctor Mortgage Alliance, its affiliates, service providers and/or its licensors caused by or arising out of from your use or misuse of the Website, your violation of this Agreement or your infringement of any intellectual property or other right of any person or entity or any action at law or other proceeding necessary to enforce any of the terms, covenants or conditions of this Agreement or due to your breach of this Agreement.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

 

Privacy Policy, Information Security and Online Fraud

Your use of the Website, products or services is subject to our Privacy Policy.  By accessing or using the Website, the products or the services, you understand and agree that Doctor Mortgage Alliance may collect and retain personal or other information about you or the device you use to access the Website, products or services.  Please review our Privacy Policy and suggestions for protecting the security of your personal information online. Please contact us immediately if you believe that you have been a victim of fraud or identity theft involving an account with us.

 

In order to access some of the services on this Website, you will be required to complete our online registration form, which requests certain information and data (“Registration Data”) and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.

You also grant us the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of this site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into this Terms of Use.

We take commercially reasonable measures to protect the security of information electronically transmitted to us through the use of customer service information forms integrated into our Website.  However, we advise you to exercise caution when sending us email as such transmissions may not be secure.  For example, email may be intercepted by a third party or may not be immediately received by the designated person or department.  Please do not use email to send us confidential or privileged information (such as account numbers or financial information), information that may need our immediate attention, or information we have required you to send us in a signed writing or by other express means.  We will not be liable to you for any losses or damages incurred as a result of the interception or unauthorized use by any third party of any information transmitted by you via insecure email or as a result of your use of email for the transmission of, or our failure to respond to email that includes, information that we have required you submit through another express means or medium. If you communicate with us via email or via a messaging application within our Website, you may receive an automated response acknowledging that you have transmitted a message to us. However, the automated response does not mean that we actually have received, reviewed, or taken any action in response to your message or that we have committed to take any action in response to your message.

 

Your individual access and use of our Website may be monitored and recorded for Doctor Mortgage Alliance’s internal business purposes, without liability. You acknowledge and agree that when you submit any information to us through our Website you are submitting such information to all of the Doctor Mortgage Alliance companies collectively and that such information may be disclosed and transferred among such companies and their respective agents and service providers, subject to the provisions of applicable law. You further agree that we may disclose any information you submit (i) if we have a right or duty to do so, (ii) if we are compelled or permitted by law to do so, (iii) as directed by you, and/or (iv) as necessary to provide you with products or services you have requested.  Any information, feedback, questions, concepts, comments, suggestions, ideas or the like which you send to us by or through our Website, or at any email address we have provided at our Website, will be treated as being nonconfidential and nonproprietary as to you, and we will be free to use the same or any information contained therein for any purpose whatsoever (including, without limitation, for the purposes of developing and marketing products and services) without paying any compensation to you, and the same shall be deemed our property upon receipt.  Nothing herein shall be construed as limiting the responsibilities and obligations as set forth in our Privacy Policy.   The terms of this Agreement also are supplemented by our Privacy Policy, the terms and conditions of which are incorporated herein by reference.

 

Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Website with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.  Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Website immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension. Upon termination, any unearned portion of fees paid by you will be refunded on a pro-rata basis.

Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflicts of law provisions or your actual state or country of residence, and applicable federal law. For purposes of any action, suit, or proceeding arising out of this Agreement, you expressly submit to the jurisdiction of all federal and state courts located in the State of Florida and agree that we, in our discretion, may require that federal or state courts located in Jacksonville, Florida, be the venue for any legal proceedings arising out of or related to this Agreement.  You waive and agree not to assert in any action, suit or proceeding that you are not personally subject to the jurisdiction of such courts, that the action, suit or proceeding is brought in an inconvenient forum or that venue of the action, suit or proceeding is improper.  The Website is hosted in the United States.  If you are accessing this Website from outside the United States, you may be subjecting yourself to United States law, which may differ from your local laws, including laws that govern personal data collection, use and disclosure.  In your use of this Website, products or services, you may transfer certain personal information to the United States.  You consent to that transfer and you consent to the application of United States law.  In the event that you should have any claim or cause of action against us arising out of your use of the Website, you agree that, regardless of any statute or law to the contrary, such claim or cause of action must be initiated or filed in a court of competent jurisdiction within one (1) year after accruing or be forever barred.  In any action in which a claim is brought with respect to this Agreement and you agree that it may be served with process in any such action by hand delivery, courier, overnight delivery service, or certified or registered mail, return receipt requested. You irrevocably and unconditionally waive and agree not to plead, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of venue or the convenience of the forum of any action or claim with respect to this Agreement brought in the jurisdictions set forth above.

 

Notices

All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at info@doctormortgagealliance.com. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the Website to inform you of changes to the Website or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

 

Participation in Promotions

From time to time, this Website may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Website. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

 

E-mail, Messaging, Blogging and Chat Services

We may make email, messaging, blogging, or chat services (collectively, “Communications”) available to users of our Website, either directly or through a third-party provider. We make available separate supplemental agreements characterizing the relationship between you and us that, except where expressly noted or contradictory, includes these Terms of Use. We will not inspect or disclose the contents of private Communications except with the consent of the sender or the recipient or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as other required by law or by a court or governmental order. Further information is available in our Privacy Policy.

 

We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as “spam”) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.

 

Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.

 

International Use

Although this Website may be accessible worldwide, we make no representation that materials on this Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited.

 

Miscellaneous
This Agreement embodies the current, sole and entire agreement between you and us with respect to the use of our Website, and any and all prior terms of use with respect to the use of our Website are superseded by this Agreement. You acknowledge and agree that no practice or course of dealing between you and any Doctor Mortgage Alliance company, nor any oral representations by any Doctor Mortgage Alliance representative, which vary the terms and conditions of this Agreement shall constitute a modification or amendment of the terms and conditions of this Agreement.  No failure by us to exercise, and no delay by us in exercising, any right or remedy shall operate as a waiver thereof.  No representation, promise, inducement or statement of intention has been made by Doctor Mortgage Alliance that is not embodied in this Agreement. Doctor Mortgage Alliance shall not be bound by, or liable for, any alleged representation, promise, inducement, or statement of intention not contained in this Agreement. A printed version of this Agreement 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. You agree that each provision to this Agreement shall be construed independent of any other provision of this Agreement. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof. In the event any provision of this Agreement is deemed unenforceable, including, but not limited to, the liability disclaimers above, the unenforceable provision shall be replaced with an enforceable provision that most closely reflects the intent of the original provision.  You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this Website or use of or access to this Website.  In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our Website arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, acts of war, terrorism, pandemic, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.  You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms of Use. In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees, including such costs and fees on appeal, if any. Any cause of action brought by you against us or our affiliates or subsidiaries must be instituted with one year after the cause of action arises or be deemed forever waived and barred.