Terms of Use
Last Updated on August 31, 2021
The resources available to you on this website and any affiliated websites operated by MBA (the "Website"), including audio and visual information, documents, text, services and software ("Content"), are provided to you by Mortgage Bankers Association ("MBA"), subject to the following Terms of Use. MBA reserves the right to update the Terms of Use at any time without notice to you. The most current version of the Terms of Use can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of each mba.org web page. You periodically should check back and makes sure that you have reviewed the most current version of the Terms of Use.
Acceptance of Terms
By using the Website to access and use the Content, you acknowledge and agree that you have read, understand and agree to be bound by the provisions of the Terms of Use exactly as if the Terms of Use was printed on paper and signed by you. If you do not agree to be bound by the Terms of Use in its entirety, or do not agree with any later modified Terms of Use, then you must immediately stop using the Website. If you access or use the Content in the course of your employment or business, you enter into the Terms of Use both on your own behalf as an individual and in your capacity as an employee, officer, agent, partner, or other agent or representative of such organization that you represent, and references in these Terms of Use to "you" shall mean both you as the individual user of the Website and you in your capacity as a representative of your organization.
Non-Commercial Use Limitation
Unless otherwise specified, access to the Content is provided for non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website.
Privacy and Protection of Personal Information
See the Privacy Policy for information regarding the collection and use of your personal information.
Content Disclaimers
The information and services offered on the Website are provided with the understanding that neither MBA nor its content suppliers are engaged in rendering legal or other professional services or advice. Reference to any specific commercial product, process or service does not constitute or imply any endorsement, recommendation or favoring by MBA. Your use of the Website is subject to the additional disclaimers and caveats that may appear throughout the site. Individual services offered on this Website also may have separate terms and conditions that apply to those services to which you agree by using the services. MBA assumes no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on this Website. While MBA strives to keep the information on the Website accurate, complete, and up-to-date, MBA cannot guarantee, and will not be responsible for any damage or loss related to the accuracy, completeness, or timeliness of the Content. MBA MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT OF THIS WEBSITE. THE CONTENT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND IS FOR REFERENCE PURPOSES ONLY. MBA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE CONTENT, , WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING (WITHOUT LIMITATION) THE IMPLIED WARRANTIES OF MERCHANTABILIY AND FITNESS FOR A PARTICULAR PURPOSE; OF CONDITION, QUALITY, DURABILITY, SUITABILITY, AND TITLE; NON-INFRINGEMENT OF THIRD PARTY RIGHTS; AND IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR A COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MBA MAKES NO REPRESENTATION THAT THE WEB PAGES OF THE WEBSITE WILL BE ERROR-FREE, OR THAT ACCESS THERETO WILL BE UNINTERRUPTED, OR THAT NO CONTAMINATION OF SYSTEMS WILL RESULT FROM USE OF THE WEB PAGES. IN NO EVENT SHALL MBA AND/OR ITS CONTENT SUPPLIERS AND OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF MBA OR ANY OF ITS CONTENT SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. EXCEPT AS REQUIRED BY ANY APPLICABLE MANDATORY LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF MBA, WITH RESPECT TO ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT, THE WEBSITE, ALL CONTENT, AND ALL SERVICES, EXCEED AN AMOUNT EQUAL TO ONE HUNDRED UNITED STATES DOLLARS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. You acknowledge and agree that nothing in this Agreement constitutes an undertaking by MBA to provide any Content or to continue providing any Content, or any aspect or portion of the Content, in the future. MBA may, in its sole discretion, update, enhance, add to, or make any other changes to any aspect of the Content or remove Content without notice. All updates, enhancements, additions, and other changes to the Content are subject to the Terms of Use.
Doing Business on the Internet
You acknowledge and agree that electronic communications and databases are subject to errors, tampering and break-ins and that, notwithstanding the efforts of MBA to implement reasonable security precautions, MBA does not guarantee or warrant that such events will not take place. You agree to follow all access and security procedures provided from time to time by MBA, and you will not attempt, nor will you aid or abet any other person in any attempt, to circumvent or otherwise interfere in any way with any security precautions or measures of MBA.
No Unlawful or Prohibited Use
As a condition of your use of the Website, you will not use the Content or access the Website for any purpose that is harmful, abusive, derogatory, defamatory, in violation of any confidentiality obligation, invasive of any third party's rights, unlawful, disruptive to the Website, or otherwise prohibited by these terms, conditions, and notices in the Terms of Use and the Privacy Policy. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website. MBA reserves the right to terminate your use of the Website, in its sole discretion, with or without notice, if MBA reasonably believes that your conduct fails to conform to the Terms of Use.
Links to Third Party Sites
Links on the Website will let you leave the Website. Such links are provided solely as pointers to services or information on topics that may be useful to visitors to the Website, and MBA has no control over the content on such linked sites (or any link contained in a linked site). If you choose to link to a website not controlled by MBA, MBA makes no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does MBA warrant that such site or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. Links to websites not operated by MBA do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such sites. MBA also advises you to examine the terms of use and privacy statements of any third-party web site.
Proprietary Rights
Except for reference materials in the public domain, e.g., statutes, regulations, and governmental reports, all materials on the Website (as well as the organization and layout of the Website) are owned and copyrighted by MBA or its suppliers. © Copyright 2021 Mortgage Bankers Association. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials on the Website is permitted without the written permission of MBA.
Arbitration
By accessing the Website and using the information therein available and/or by purchasing any products or services made available through the Website, you agree with MBA, its service providers, their affiliates, parents, subsidiaries and any other content provider or offeror of goods or services on this site or through any other associated activity, that any claim or dispute ("Claim"), you may have against or with any of these persons or entities, whether related to the Terms of Use or the Privacy Policy, the purchase of any product or service or to the Content, including the enforceability of this arbitration clause, and whether under a statute, in contract, tort, or otherwise and whether for money damages, or declaratory or equitable relief, shall be resolved by binding arbitration before a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association. Any arbitration hearing at which you appear will take place within the District of Columbia, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall have no power or authority to make any award that provides for punitive or exemplary damages. Each party shall bear its own costs in connection with any arbitration proceedings. The parties shall equally share the fees of the arbitration and the arbitrator. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 ("FAA"). The arbitrator shall follow applicable substantive law , to the extent consistent with the FAA, and applicable statutes of limitations and shall honor any claims or privilege recognized by law. If any party requests, the arbitrator shall write an opinion containing the reasons for the award. NO CLAIM SUBMITTED TO ARBITRATION IS HEARD BY A JURY, AND NO CLAIM MAY BE BROUGHT AS A CLASS ACTION OR AS A PRIVATE ATTORNEY GENERAL. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim. This Arbitration Section applies to all Claims now in existence or that may arise and shall survive the termination of any dealings with us. For the purposes of this Arbitration Section, "we" and "us" means MBA, its parent, subsidiaries, affiliates, licensees or sublicensees, predecessors, successors, assigns and all of their officers, directors, employees, agents and assigns or any and all of them. Additionally, "we" or "us" shall mean any third party providing benefits, services, or products in connection with the Website and all of their officers, directors, employees and agents if, and only if, such a third party is named by you as a co-defendant in any Claim you assert against us. If any part of this Arbitration Section is found to be invalid or unenforceable under any law or statute consistent with the FAA, the remainder of this Arbitration Section shall be enforceable without regard to such invalidity or unenforceability. THE RESULT OF THIS ARBITRATION SECTION IS THAT CLAIMS CANNOT BE LITIGATED IN COURT, INCLUDING SOME CLAIMS THAT COULD HAVE BEEN TRIED BEFORE A JURY, AS CLASS ACTIONS OR AS PRIVATE ATTORNEY GENERAL ACTIONS.
Trademarks
Except as indicated, MBA owns all trademarks, service marks, certification marks, and logos featured on this site, including the terms "MBA" and the "Mortgage Bankers Association." Use of these marks without the express written permission of MBA is expressly prohibited.
Force Majeure
Notwithstanding any other term or condition of the Terms of Use, MBA shall not be obligated to perform or observe its obligations undertaken in the Terms of Use if prevented or hindered from doing so by circumstances beyond its control.
Indemnification
You will indemnify and hold harmless MBA and its employees, officers, directors, providers and other agents from any and all claims and losses imposed on, incurred by or asserted as a result of or related to: (a) any non-compliance by you with the terms and conditions hereof; or (b) any third-party actions related to your use of the Website and the Content, whether authorized or unauthorized under the Terms of Use.
Term and Termination.
This Agreement may be terminated by you upon written notice to MBA. Upon notice to you, MBA may terminate the Terms of Use and your access to the Website, at any time and for any reason including, but not limited to, your breach of any term of the Terms of Use.
Headings
Section headings are included for convenience only and are not to be used to construe or interpret the Terms of Use.
Waiver and Severability
No failure on the part of MBA or you to exercise and no delay in exercising any right, power, or privilege under the Terms of Use shall operate as a waiver thereof. If the exercise of any right, power or privilege shall to any extent be held invalid or unenforceable, the remainder of the Terms of Use shall not be affected thereby. Each term and provision of the Terms of Use shall be valid and enforceable to the fullest extent permitted by law.
Governing Law
The Terms of Use shall be deemed to have been made in the United States in the District of Columbia and shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the District of Columbia, without reference to principles of conflicts of laws thereof.
Jurisdiction and Venue
In the event of any court litigation arising under or related to the Terms of Use, the Website and the Content, MBA and you irrevocably consent to the exclusive jurisdiction of, and venue in, the courts, local and federal, of the District of Columbia and submit to the personal jurisdiction of the courts located the District of Columbia.
Entire Agreement
The Terms of Use constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior negotiations, communications, writings, and understandings. MBA may modify the Terms of Use from time to time. If you do not agree to the modifications, stop using the Website and accessing all Content (and remember to cancel any fee-based services). Your continued use of the Website after the effective date of any modifications means that you agree to the modifications. If any provision of the Terms of Use is invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
Conflict
In the case of any conflict between the Terms of Use and any additional terms and conditions to which you may agree by accessing or using specific Content , the additional terms and conditions relating to the specific Content will control in connection with your access to or use of that Content.
Notices
All notices and other communications under the Terms of Use shall be in writing and shall be directed to MBA at the address below or to you at the email address or postal address provided by you, if any. Notice shall be deemed to have been duly given upon actual receipt by a party, or upon constructive receipt if sent by certified mail, postage pre-paid, return receipt requested, at such address or any other address, as any party hereto shall hereafter specify by Notice to the other party hereto.
Address and Phone Number of MBA
MBA 1919 M Street NW, 5th floor
Washington, DC 20036
(202) 557-2700 | (800) 793-6222