Terms of Use

  1. Acceptance of Terms. The Caldwell Group, Inc. (TCGI) provides access to its products on its website subject to the Terms of Use (TOU), which may be updated by us from time to time. Your use of the website and its materials constitutes your agreement to all such terms, conditions, policies and notices (the agreement).
  2. Use of Products. TCGI provides users with access to the eQCP and the eQCA (the products) through its website (MortgageRegs.com). Unless explicitly stated otherwise, any new features that enhance or revise the current products are subject to the TOU. TCGI assumes no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communications or personalization settings. You are responsible for obtaining access to the products and that access may involve third-party fees such as Internet service provider charges. You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to obtain access to the products.
  3. Subscription. A subscription grants the specific user access to product content on the website. The specific user associated with the user ID may use the copyrighted products. Additional users in the same company must obtain their own subscription to have access to the products. The subscription must be maintained for continued permission to use previously downloaded, copyrighted materials. Once the subscription expires the user is no longer authorized to continue to use previously downloaded materials such as checklists and appendices.
  4. Modifications of the Website or the Products. TCGI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the products (or any part thereof) with or without notice. You agree that TCGI shall not be liable to you or to any third party for any modification, suspension or discontinuance of a product. TCGI may change, add, or remove any part of this agreement, or any other terms associated with the use of the website, at any time, by posting a notice of such changes to the Terms of Use page of the website. Any changes shall become part of the agreement and shall apply as soon as such a notice is posted. By continuing to use the services after the notice is posted, you are indicating your acceptance of those changes.
  5. Sponsors, Third Parties, and Advertisers. Your correspondence or business dealings with, or participation in promotions of, sponsors, third parties, or advertisers found on or through the website or the products, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such sponsor, third party, or advertiser. You agree that TCGI shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties, or advertisers on the website.
  6. Third-Party Websites. TCGI may provide, or third parties may provide, links to other websites or Internet resources. You acknowledge and agree that TCGI is not responsible for the availability of such external websites or resources and does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on, or available from, such websites or resources. You further acknowledge and agree that TCGI is 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, or through any such website or resource.
  7. Disclaimer of Warranties. You expressly understand and agree that your use of the website and the products is at your sole risk. The products are provided on an “as is” and basis. TCGI expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. TCGI makes no warranty that the products will meet your requirements or will be uninterrupted, timely, secure, or error-free, that the results that may be obtained from the use of the products will be accurate or reliable, that the quality of the products, services, information, or other material purchased or obtained by you through the website will meet your expectations, that any errors in the products will be corrected, or that the website, its content, and the servers on which the website and content are available are free of viruses or other harmful components. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from TCGI or through, or from, the website or products shall create any warranty not expressly stated in the TOU. Information created by third parties that you may access on the website or through the products is not adopted or endorsed by TCGI and remains the responsibility of such third parties.
  8. Limitation of Liability. You understand and agree that the products are provided “as-is.” The products are intended to be an authoritative reference source on mortgage banking regulatory compliance with particular emphasis on the procedures for processing, and underwriting and servicing HUD, VA, USDA Rural Housing Service, Fannie Mae and Freddie Mac loans and for compliance with regulatory requirements enforced by the Consumer Financial Protection Bureau and other federal regulatory agencies. You understand and agree that TCGI is not engaged in rendering legal or accounting advice and is not liable for any damages whatsoever suffered due to reliance on information contained in the products or due to any errors that may exist in that information.
  9. Copyright. All rights are reserved. No part of the website or products, including written materials, compliance requirements, audit steps, checklists, worksheets and any other appendices, including in Word, PDF or Excel formats, may be reproduced in any form by any means without the express written permission of TCGI. No part of the products may be reproduced by any electronic or mechanical means including but not limited to reproduction in, or as a component of, any information storage and retrieval system or auditing system.
  10. Trademark. All content on the MortgageRegs.com website, including without limitation, written materials, compliance requirements, audit steps, checklists, worksheets and any other appendices, including in Word, PDF or Excel formats, names, logos, trademarks, service marks, images, graphics, artwork and other elements making up the products and website are protected by copyright and other intellectual property rights owned and controlled by TCGI. Except as specifically provided herein, no material on the website may be republished, posted, transmitted, or distributed in any way, or incorporated in any electronic or other system or otherwise used for any purpose, without the prior written permission of TCGI. Any use of the website for means other than its intended purposes is prohibited.
  11. No Waiver. The failure of TCGI to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU 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 TOU remain in full force and effect. 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 products or the TOU must be filed within one year after such claim or cause of action arose or be forever barred.
  12. Headings for Convenience Only. The section titles in the TOU are for convenience only and have no legal or contractual effect.
  13. Violations. You agree to report any violations of the TOU by contact@MortgageRegs.com.
  14. Indemnification. You agree to indemnify, defend, and hold TCGI harmless from any claims and expenses, including reasonable attorney fees, arising from or related to any breach by you of any terms of this agreement.
  15. Letters, Reviews, or Other Such Comments or Materials. Any comments, materials, or letters sent by you to TCGI, including without limitation, questions, comments, suggestions, criticisms or the like (“Received Materials”) shall be deemed to be non-confidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter is “not for publication” and contains “private and proprietary” information that may not be distributed. TCGI shall have no obligation of any kind with respect to Received Materials and TCGI is free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from or distribute, the Received Materials without limitation or restriction. Furthermore, TCGI is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to TCGI for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including you.
  16. Privacy Policy. See the Privacy Policy page.
  17. Restrictions on Use. You may not use the website or its content for any illegal purpose or in any manner inconsistent with these Terms of Use. You agree to use the MortgageRegs.com website and the products solely for your own noncommercial use and benefit and not for resale or other transfer or disposition to any other person or entity without the written consent of TCGI.
  18. Severability. If any provision of this agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this agreement will remain in force.
  19. Entire Agreement. This agreement and any other terms and conditions of use on the website constitute the entire agreement between you and TCGI and govern your use of the website and the products.
  20. Refusal or Discontinuance of Products. TCGI reserves the right to refuse or discontinue access to the products to any user for noncompliance with these Terms of Use.
  21. No Refund Policy. See the Free Review Period page.
  22. Choice of Law and Forum. The laws of the District of Columbia will govern this agreement. The laws of the District of Columbia will govern any dispute arising from the terms of this agreement or breach of this agreement and you agree to personal jurisdiction by the District of Columbia and federal courts sitting in the District of Columbia. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of, or in any way connected with, these Terms of Use and agree to submit to binding arbitration.
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