Spotlight for Realtors
Terms and Conditions
Website Terms and Conditions of Use
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Use License
- Permission is granted to download and/or use marketing materials, or other services, as outlined under the party’s subscription(s). This is the grant of a license, not a transfer of title, and under this license you may not:
- attempt to decompile or reverse engineer any software contained on Total Mortgage Services, LLC's web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Total Mortgage Services, LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on Total Mortgage Services, LLC's web site are provided "as is." Total Mortgage Services, LLC makes no warranties, express or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Total Mortgage Services, LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site. Any provided materials are not intended as legal advice. Subscribers should consult with an attorney whenever necessary or desired.
4. Compliance with Laws, RESPA
The Parties acknowledge and agree that all services performed pursuant to this Agreement shall be done so in accordance with all applicable laws and regulations. The Parties shall adhere to all federal and state laws and regulations governing the origination of mortgage loans, specifically the prohibitions against kickbacks and unearned fees contained in the Real Estate Settlement Procedures Act (“RESPA”). There is no requirement that either party refer its customers to the other party for ancillary services.
5. Fair Market Value of Advertising Services
Parties agree that the fee for services under this platform are the fair market value for the services provided by Total Mortgage. Both parties agreed and acknowledge that the fee for services is in no way a payment for, or contingent upon, the referral of business from one party to the other. Total Mortgage reserves the right to review the service(s) and corresponding fee(s) and make any necessary adjustments based on market conditions. Should Total Mortgage need to adjust subscription fees, the subscribing party shall receive thirty (30) days advance notice of such change.
6. Relationship Between Parties
These Terms and Conditions do not constitute, and shall not be construed as creating, a joint partnership, employer-employee, joint, venture, or agency relationship between Total Mortgage and other party. Neither party will have the power to act for or on behalf of the other, or to bind or obligate the other party in any manner whatsoever. The nature of the relationship between the parties is non-exclusive. There is no requirement for either party to use the other party for any service whatsoever.
In no event shall Total Mortgage Services, LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Total Mortgage Services, LLC's Internet site, even if Total Mortgage Services, LLC or a Total Mortgage Services, LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
8. Revisions and Errata
The materials appearing on Total Mortgage Services, LLC's web site could include technical, typographical, or photographic errors. Total Mortgage Services, LLC does not warrant that any of the materials on its web site are accurate, complete, or current. Total Mortgage Services, LLC may make changes to the materials contained on its web site at any time without notice. Total Mortgage Services, LLC does not, however, make any commitment to update the materials.
Total Mortgage Services, LLC has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Total Mortgage Services, LLC of the site. Use of any such linked web site is at the user's own risk.
11. Governing Law
These Terms and Conditions shall be governed and interpreted under the laws of the State of Connecticut and the United States of America. Parties agree to submit to the jurisdiction of New Haven County in the State of Connecticut for the enforcement of the terms or any necessary dispute resolution.