Morty's Terms of Service

2. Permitted Use.

2.1. Use of Service in Accordance with Agreement and Applicable Law. You will not use the Site or Service for any illegal purpose. You will only use the Site or Service in accordance with the terms and conditions of this Agreement and Applicable Law. You agree that you will not use or attempt to use this website for any purpose other than conducting mortgage broker related business with Morty as a bona fide client of Morty. You may not use or attempt to use this website or any part of this Site for any other purpose including but not limited to:

• That is any way unlawful or prohibited, or that is harmful or destructive to anyone or their property;
• That transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited Email, unsolicited commercial communications;
• That interferes with or induces a breach of the contractual relationships between Morty and its employees;
• That transmits any harmful or disabling computer codes or viruses;
• That harvests email addresses from this site;
• That transmits unsolicited email to this site or to anyone whose email address included the domain name under on this website;
• That interferes with our network services;
• That attempts to gain unauthorized access to our network services;
• That suggests an express or implied affiliation with Morty or relationship with Morty (without the express written permission of Morty);
• That impairs or limits our ability to operate this website or any other person’s ability to access and use this website;
• That uses any methods, means or devices to click on to this website or cause a visit to this website for the purpose of manipulating the results of any Internet search engine, or for any other purpose other than conducting mortgage banking related business with Morty as a bona fide client of Morty;
• That unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;
• That harms minors in any way, including, but not limited to, transmitting or uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
• That transmits or uploads pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;
• That harms, threatens, harasses, abuses or intimidates another person in any way or involves images or content that depicts, promotes, encourages, indicates, advocates or tends to incite the commission of a crime or other unlawful activities;
• That dilutes or depreciates the name and reputation of Morty or any of its affiliates;
• That "crawls," "scrapes," or "spiders," any page, data or portion of or relating to the Site or Services (through use of manual or automated means);
• That copies or stores any significant portion of the Web Page Content (defined below);
• That decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Site or Service;
• That transmits or uploads any content or images that infringes any third party’s intellectual property rights or infringes any third party’s right of privacy; or
• That unlawfully transmits or uploads any confidential, proprietary or trade secret information.

2.2 Sole Responsibility For Use. You agree and acknowledge that you have the sole responsibility and liability for your use of this website and for providing or obtaining, and for maintaining, all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary or desirable for you to access and use this website.

3. Privacy.

You agree to Morty’s Privacy Policy, which is incorporated by reference into this Agreement as if it were set forth herein in its entirety. The Privacy Policy describes our collection and possible use of information provided by you. By using the Site or Service, you agree to, and are bound by, the terms of the Privacy Policy.

4. Electronic Communications.

You agree to Morty’s E-Sign Consent Agreement, which is incorporated by reference into this Agreement as if it were set forth herein in its entirety. The E-Sign Consent Agreement constitutes your consent to receive disclosures and other information in electronic form. In connection with the Service, Morty is required by law to provide you with certain disclosures. Without your consent, Morty is not permitted to provide those disclosures to you online.

5. Intellectual property rights.

5.1. Website Ownership. This website is owned and operated by Morty, Inc., 1002 Dean St, Suite 21, Brooklyn, NY 11238, which is referred to herein as "Morty" or "we" or "us" or "Company" or "our."

5.2. Website Content. Web Page Content: You acknowledge and agree that:

All content, Web pages, source code, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, "look and feel", and the operation of this website (collectively "Web Page Content") are protected by various intellectual property laws, including, but not limited to, copyrights, patents, trade secrets, trademarks, and service marks; and

All rights associated with the Web Page Content are owned by Morty, its licensors, or content providers.

Furthermore, you acknowledge and agree that you do not acquire any ownership rights by downloading or viewing any Web Page Content. You further acknowledge and agree that you will not in any way copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, transmit, modify, adapt, reverse engineer, frame in any Web page, or alter the appearance of any Web Page Content.

You may not use Web Page Content, domain names (in whole or in part), or Email addresses related to or derived from this website, nor any data, trademarks, functionality, service marks, trade names, brand names and/or logos contained within or derived from this website, for any purpose; meaning that you may not, among other prohibited uses, use any Web Page Content, domain names, Email addresses, data, trademarks, service marks, trade names, brand names and/or logos on or derived from this website:

• In or as any meta-tag or hidden text;
• In or as part of any contextual marketing directory, index, or triggering term;
• As content or advertising related to any other website including, but not limited to, comparative/informational websites; and/or
• As a variable or data element in any algorithm that causes another Internet browser to appear on, over, or at the same time as the Company’s website or controls the content of any other Internet browser window.

5.3. Submissions. You acknowledge and agree that all submissions to Morty containing any comments, improvements, suggestions, and ideas regarding this website will become and remain our exclusive property, including any future rights associated with such submissions, even if the provisions of these Terms of Use are later modified or terminated. This means that you forever disclaim any proprietary rights in such submissions, and you acknowledge Morty’s unrestricted right to use, publish, and commercially exploit, identical, similar, or derivative ideas originating from your submission, in any medium, now and in the future, without notice, compensation or other obligation to you or any other person.

5.4. Testimonials. You acknowledge and agree that all testimonials submitted to Morty will become and remain our exclusive property, even if the provisions of these Terms of Use are later modified or terminated. This means that you irrevocably grant to Morty the unrestricted right (now and in the future, without notice, compensation or other obligation to you or any other person) to use your statement, image, likeness, as they may be used, in any medium, in connection with an advertisement or for any other publicity purpose. You further agree that Morty may use any percentage of your testimonial, image, likeness and/or works, in any way that it sees fit, and may exclude your name or use a fictions name herewith.

6. Amendments.

You agree and acknowledge that we may revise or change these Terms of Use at any time, without notice to you, and you agree that you will be bound by the provisions of these Terms of Use as they appear on this website at the time you access this website. Because these Terms of Use may change, we encourage you to refer back often to these Terms of Use. In addition, you agree and acknowledge that all other content, services, products and materials on or available through this website are subject to updating and revision without notice to you. You further acknowledge and agree that individual modifications to the Terms of Use may not be altered by contract, unless expressly permitted in writing by the President of Morty.

7. Indemnification.

If you make any unauthorized use of this Site or Service or violate the Terms of Use: (a) you may be in violation of copyright and other laws of the United States, as well as applicable state laws, and may be subject to penalties, and (b) you may be responsible for damages caused to the Company. You agree to indemnify Morty and its affiliates, vendors and licensors, and all of the employees, officers, directors, agents and representatives of Morty and its affiliates, vendors and licensors, against, and to hold all of them harmless from, all costs, claims, damages, expenses or other losses, including attorney’s fees and court costs, that arise from or are related to your use of this Site or Service and/or your breach/violation of or failure to comply with the Terms of Use.

8. Warranties and disclaimers.

8.1 DISCLAIMERS.

THE WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MORTY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. MORTY MAKES NO REPRESENTATION OR WARRANTY REGARDING THE WEB PAGE CONTENT OR ITS USE THEREOF. THE WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND COULD BECOME INACCURATE BECAUSE OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES OF PREPARATION OR PUBLICATION. MORTY HAS NO OBLIGATION TO MAINTAIN THE CURRENCY OR ACCURACY OF ANY WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE.

YOU ACKNOWLEDGE AND AGREE THAT MORTY IS NOT, AND SHALL NOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS WEBSITE OR ITS OPERATION. AS TO THE OPERATION OF THIS WEBSITE, MORTY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MORTY MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE OPERATION OF THIS WEBSITE WILL MEET YOUR OR ANY OTHER USER’S REQUIREMENTS; (B) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) ANY DEFECTS IN THIS WEBSITE WILL BE CORRECTED. YOU AGREE THAT YOU, AND NOT MORTY, WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS WEBSITE.

8.2. LIMITATION OF LIABILITY.

YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL MORTY BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES OR INJURY CAUSED BY ERROR, INACCURACY, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, TELECOMMUNICATIONS FAILURE OR COMPUTER VIRUS OR OTHER PROBLEM, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE, WHETHER IN AN ACTION ALLEGING BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE. YOU AGREE THAT MORTY SHALL NOT BE LIABLE EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL MORTY’s TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE greater of (A) the AMOUNT PAID BY YOU, IF ANY, IN ACCESSING OR USING THIS WEBSITE OF WEB PAGE CONTENT THEREON; or (B) fifty dollars.

9. Company communications and other policies.

9.1. Time-Sensitive Communications. Time Sensitive Instructions: When communicating with us through this website, chat or via Email, do not use the website, chat or Email to communicate any time-sensitive instructions that are in any way related to or affect your loan, loan application or closing (such as interest rates locks, cancellation of a closing, rescissions, or the like). Such instructions may not be honored. All transactions conducted on this website, chat or via Email, must be confirmed in a separate writing by us to be accepted by and binding upon us.

9.2. Loan Approvals. All loan approvals, pre-qualifications, pre-approvals, rate locks, deposit and refund agreements, and the like, are only made by Morty in writing. Approvals, pre-qualifications and pre-approvals are conditional in accordance with these terms except as be specifically provided for in writing signed by Morty.

9.3. Credit Reports. By applying for credit, you are authorizing Morty to obtain a copy of your credit report. As a result, a "hard" inquiry may appear on your credit report. A hard inquiry may negatively affect your credit score.

9.4. Recording & Monitoring of Communications. Your communications with us via the website, chat Email, and telephone may be recorded or monitored and by using such communications methods you are consenting to the recording or monitoring of the same.

9.5. Contact Methods & Opt-Out. Agreement to calls and information sharing: If you submit an inquiry to Morty through this website or otherwise you are making an inquiry as to lending programs and services offered by Morty. You understand and agree that if you submit an inquiry, we may share the information that you provide, including, but not limited to, your full name, birth date, address, telephone number, and social security number with our affiliates so that they may respond to your inquiry. You authorize Morty to share your information, either as provided by you or as corrected by us. You acknowledge that Morty is not a party to any agreement that you may make with an affiliate, and that the affiliate is solely responsible for its services to you. You understand that requirements for a particular product or service, including a mortgage, are determined by the affiliates and that Morty does not endorse, warrant, or guarantee the products or services of any of its affiliates. Nothing in these Terms of Use or on this website constitutes an offer for a loan commitment or interest rate lock agreement. You agree that Morty shall not be liable for any damages or costs which arise from your use of the affiliates’ goods or services.

By submitting your contact request for a loan product, you represent and warrant that each person you register for the Service or for whom you provide a wireless phone number has consented to be contacted by our mortgage partners by telephone (on a recorded line), automated calling, pre-recorded calling, text message, email, fax, telephone or any means, even if you have opted in to the National Do Not Call List, any state equivalent Do Not Call List or the internal Do Not Call List of any company. You understand that the Partners may maintain the information you submitted to us even if you decide not to use their services. In the event you no longer want to receive communications from a Partner, you agree to notify the Partner directly. You can opt-out of any or all contact methods by sending an email to help@morty.com. If you wish to revoke your consent to affiliate sharing, you may do so by sending an email to help@morty.com.

9.6. Not Responsible For as to Other websites. For your convenience, this website may provide links to other websites on the World Wide Web. Unless expressly stated otherwise on this website, Morty does not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, services, calculations, information, products or materials available at or through any websites to which this website may provide a link. By using this website you acknowledge and agree that Morty will not be responsible or liable to you or any other person for any damages or claims that might result from your use of such content, services, calculation, information, products or materials.

9.7. No Advertising / No as. Morty does not permit third-party advertising on this website. Except with the written permission of Morty, you agree that you will not create links from any website or Web page to this website or any Web page within this website.

9.8. Agreement to Provide Accurate Information. In making a loan inquiry, application or in entering into any other transaction or request for information on this website, you agree to provide accurate, true, current, and complete information upon which Morty may rely.

9.9. Reasonable Efforts. While Morty will use all of its reasonable efforts to have your application fully processed and closed on or before any applicable rate lock expiration date (if any) and/or anticipated closing date, some process are not under our control. For instance, Morty cannot be responsible for delays in loan approval or closing due to: the untimely receipt of an acceptable appraisal; the untimely receipt of required documentation; your existing home not selling; matters disclosed by a title commitment or survey; any other matters beyond Morty’s reasonable control.

9.9. Deposit/Refund Policy. When you submit a loan application, Morty will begin to process your application and, as a result, may advance on your behalf costs for certain third party expenses. If you do not fully cooperate in or complete the application process (including submitting all required documentation in a timely manner), choose to withdraw your application, or choose not to close the transaction for any reason, you may be required to pay for some or all of Morty third party costs. Please review your deposit agreement for details specific to your loan application.

9.10. Location. You understand and acknowledge that Morty controls and operates this website from within the United States of America. This website provides information regarding services and products that are made available in the United States only. We make no representation that the services or products about which information may be provided on this website will be available (a) anywhere outside of the United States or (b) in every state within the United States. You acknowledge and agree that you are responsible for compliance with all federal, state and local laws applicable to your access to and use of this website.

9.11. User IDs and Passwords. Certain areas or features of this website may be restricted to users who have obtained a user identification and password by completing a registration process described on this website. Please be sure to protect and maintain the confidentiality of any user identification, password or other identifying information you may obtain in connection with your use of this website. You agree to notify Morty immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this website by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this website that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised

9.12. Disclosures and Licenses. For disclosures and licensing information please visit our Licensing page.

9.13. Equal Opportunity Employer. The Company is an equal opportunity employer. Any complaints or concerns about the Company’s employment practices may be directed to help@morty.com.

9.14. Application of Additional Terms. You acknowledge that certain features of this website, as well other products and services of Morty, including those that may be available through this website, may be subject to terms, conditions and disclaimers in addition to these Terms of Use, and you agree that your use of such products and services will be subject to such additional terms, conditions and disclaimers.

10. Term and termination.

10.1. Term. This Agreement shall commence on the date you first access the Site or use the Service and remain in effect until either Party terminates this Agreement in accordance with the terms hereof (the "Term").

10.2 Termination Rights of Morty. Morty may terminate this Agreement at any time in its sole discretion.

10.3 Your Termination Rights. You may terminate this Agreement at any time by ending your use of the Site and the Service and notifying Morty at help@morty.com.

11. General Terms.

11.1 Governing Law. You agree that these Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Use or the use of this website shall be filed only in the state or federal courts located in County of New York, New York, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The parties irrevocably waive any and all rights to a trial by jury.

11.2. Severability. You agree that if any provision of these Terms of Use shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of such other provisions.

11.3. Third Party Beneficiaries. Except as limited by these Terms of Service, this Agreement and the rights and obligations hereunder shall bind, and inure to the benefit of the Parties and their successors and permitted assigns. Nothing in this Agreement, expressed or implied, is intended to confer upon any person, other than the Parties and their successors and permitted assigns, any of the rights hereunder.

11.4. Entire Agreement. This Agreement and each of its exhibits or appendices, constitute and contain the entire agreement between the Parties with respect to the subject matter hereof and supersedes any prior or contemporaneous oral or written agreements. Each Party acknowledges and agrees that the other has not made any representations, warranties or agreements of any kind, except as expressly set forth herein.

11.5. Survival. All provisions of this Agreement that by their nature extend beyond the expiration or termination of this Agreement.

11.6. Assignment. Neither this Agreement nor any rights hereunder may be transferred or assigned by either Party without the prior written consent of the other Party, which consent shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Morty may assign this Agreement or any rights hereunder without consent: (i) to an entity that acquires substantially all of its stock, assets or business (whether by sale of stock or assets, merger, consolidation or otherwise); or (ii) to an affiliate. Except as provided in this section, any attempts by either Party to assign any of its rights or delegate any of its duties hereunder without the prior written consent of the other Party shall be null and void.

11.7. Headings. The headings, captions, headers, footers and version numbers contained in this Agreement are intended for convenience or reference and shall not affect the meaning or interpretation of this Agreement.

11.8 California Privacy Rights. California Civil Code § 1798.83 permits our visitors who are California residents to request certain information regarding their disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to help@morty.com.