Last Updated: September 29, 2021
When you register for the Services you will be asked to confirm certain information and create a username and provide a password. You are solely responsible for the accuracy of the information provided during your registration to use the Services and for maintaining the confidentiality of your account and password. You accept responsibility for all activities that occur under your account. You agree to promptly notify us if you discover or suspect unauthorized account access. If you permit others to use your account, you are responsible for activities of such users.
We reserve the right to change and update the Terms at any time without notice. Any changes to the Terms will be effective immediately upon updating the date at the top of these Terms. Your continued use of our Services will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services. We may supply additional terms in relation to some of our Services as part of a Master Service Agreement or other agreement, and those additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.
1. OWNERSHIP; LIMITED LICENSE
The Services are owned and operated by Liquid Mortgage. The visual interfaces, graphics, design, compilation, Information (as defined below), data, computer code (including source code or object code), products, software, services, and all other elements of the Services (“Materials”) provided by Liquid Mortgage are protected by intellectual property and other laws. All Materials included in the Services are the property of Liquid Mortgage or its licensors. Subject to your compliance with these Terms, you are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your internal use. Any use of the Services other than as specifically authorized by Liquid Mortgage, is strictly prohibited, will terminate the license granted herein and violate the intellectual property rights of Liquid Mortgage. We reserve all rights not expressly granted to you in these Terms. Except for the limited rights and licenses expressly granted under these Terms, nothing in these Terms grants, by implication, waiver, estoppel, or otherwise, to you or any third party any intellectual property rights or other right, title, or interest in or to Liquid Mortgage’ intellectual property. We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time.
Liquid Mortgage’s trademarks and our logos, our product and service names, our slogans and the look and feel of the Services are trademarks of Liquid Mortgage and may not be copied, imitated or used, in whole or in part, without our prior written consent. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners.
Liquid Mortgage reserves the right to, and may, terminate or temporarily suspend your access to all or any part of the Services, without notice, for conduct that Liquid Mortgage believes violates these Terms or any of our policies, procedures, rules, regulations or guidelines, or for any other reason in our sole discretion.
3. DATA SUBMISSION FROM THIRD PARTY INSTITUTIONS AND RESPONSIBILITY FOR AUTHORIZATION
The information made available to you when you use our Services (the “Information”) is provided without any representation or warranty of any kind, express or implied, by us or any other party regarding the accuracy, adequacy, validity, reliability, availability or completeness of such Information. The Information is raw data in nature, made available without any reconciliation, calculations, analysis or other adjustments by us or any other party and, as such, may include, among other things, misapplied or misdirected payments, data entry or calculation errors. You should be aware that the Information, including any payment information that is uploaded in respect of any digital mortgage assets and/or any aggregate portfolio, may include certain data inconsistencies or other data discrepancies, and may be updated periodically to correct such inconsistencies, inaccuracies and/or discrepancies. Furthermore, the Information has not been and will not be verified by us or any other party (including, without limitation, any party to any transaction referenced therein). You are encouraged to rely on the distribution statements made available by the securities administrator for the transactions referenced on the Services as they are the official source for all information regarding the mortgage loans and the certificates for the transactions referenced on the Services. Under no circumstance will Liquid Mortgage have any liability to you for any loss or damage of any kind incurred as a result of the use of the Services or reliance on any Information. Your use of the Services and your reliance on any Information is solely at your own risk.
You acknowledge and agree that Liquid Mortgage is not a fiduciary, financial institution, financial or investment adviser; or a provider of investment, tax or legal advice; and does not endorse any company, property, product, service, security, or instrument. You also acknowledge and agree that Liquid Mortgage is not a consumer reporting agency and will not be acting as such.
4. PROHIBITED CONDUCT AND CONTENT
You agree not to violate any applicable law, contract, intellectual property right or other third party right when using our Services, and you are solely responsible for your conduct while using our Services. You will not:
- use or access the Services (i) from a jurisdiction where such use or access is not authorized, (ii) for any illegal purpose, or (iii) in violation of any local, state, national, or international law;
- conduct activities that may be harmful to others or that could damage Liquid Mortgage’ reputation;
- use scrapers, robots, or other data gathering devices not provided by Liquid Mortgage on or through the Services;
- interfere with security-related features of the Services, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering, decompiling, or otherwise attempting to discover the source code of any portion of the Services;
- interfere with the operation of the Services or any user’s enjoyment of the Services, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Services; (iii) attempting to collect personal information, communications data, or other information about another user or third party without their consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Services, or violating any regulation, policy, or procedure of any such network, equipment, or server;
- perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or accreditation, accessing any other account without permission, or falsifying your account registration information;
- modify, translate, or create derivative works, adaptations or compilations of, or based on, the Services or part thereof, or use, copy or reproduce the Services or any part thereof other than as expressly permitted in these Terms;
- assign, sublicense, lease, sell, grant a security interest in, or otherwise transfer the access granted under these Terms or any right or ability to view, access, or use any Records; or
- attempt to do any of the acts described in this Section, or assist or permit any person in engaging in any of the acts described in this Section.
We may (but have no obligation to) monitor, evaluate or analyze your access to or use of the Services. We may use or disclose to anyone any information regarding your access to and use of the Services, and the circumstances surrounding such access and use, for any reason or purpose.
If you choose to provide input or suggestions regarding your experience with the Services (“Feedback”), then you hereby grant Liquid Mortgage an worldwide, unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free, transferable and fully sublicensable (through multiple tiers) right to exploit such Feedback in any manner and for any purpose, including to improve the Services and create other products and services.
6. THIRD PARTY CONTENT
We may provide information about third party products, services, activities or events, or we may allow other third parties to make their content and information available on or through the Services (collectively, “Third Party Content”). We provide Third Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third Party Content are solely between you and the third party.
YOUR USE OF THIRD PARTY CONTENT IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY CONTENT (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY CONTENT).
THE SERVICES AND ALL MATERIALS, PRODUCTS AND CONTENT (INCLUDING THIRD PARTY CONTENT) AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL LIQUID MORTGAGE ENTITIES (DEFINED BELOW) DISCLAIM, AND YOU HEREBY EXPRESSLY WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE SERVICES AND ALL MATERIALS, PRODUCTS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE; AND (C) ANY WARRANTY AS TO WHETHER ANY RECORDS, COMMUNICATIONS DATA OR OTHER INFORMATION AVAILABLE THROUGH OR TRANSMITTED BY THE SERVICES IS TRUE, COMPLETE OR ACCURATE. LIQUID MORTGAGE DOES NOT WARRANT THAT THE SERVICES OR ANY PORTION OF THE SERVICES, OR ANY MATERIALS, PRODUCTS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED OR WITHOUT DELAY, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LIQUID MORTGAGE OR ANY MATERIALS, PRODUCTS OR CONTENT AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY LIQUID MORTGAGE ENTITIES OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY HARM OR DAMAGE THAT MAY RESULT TO YOU FROM YOUR USE OF OR ACCESS TO THE SERVICES, YOUR DEALING WITH ANY OTHER SERVICES USER, AND ANY MATERIALS, PRODUCTS OR CONTENT AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS, PRODUCTS OR CONTENT THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF THAT MATERIAL, PRODUCT OR CONTENT.
THE ABOVE PARAGRAPHS APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES, IN PARTICULAR A DISCLAIMER OF WARRANTIES PROVIDED OR IMPLIED BY LAW, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
To the fullest extent permitted under applicable law, you are responsible for your use of the Services, and you will defend and indemnify Liquid Mortgage and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Liquid Mortgage Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Services; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (d) any dispute or issue between you and any third party; and (e) fraud, intentional misconduct, criminal acts, gross negligence, or negligence committed by you. To the fullest extent permitted under applicable law, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Liquid Mortgage or the other Liquid Mortgage Entities.
9. LIMITATION OF LIABILITY
IN NO EVENT WILL THE LIQUID MORTGAGE ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS, GOODWILL, REPUTATION, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS, PRODUCTS, OR CONTENT AVAILABLE ON OR THROUGH THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY LIQUID MORTGAGE ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
THE AGGREGATE LIABILITY OF THE LIQUID MORTGAGE ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICES, OR ANY MATERIALS, PRODUCTS OR CONTENT AVAILABLE OR SOLD THROUGH THE SERVICES, OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. FURTHERMORE, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 10 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
To the fullest extent permitted by applicable law, you release Liquid Mortgage and the other Liquid Mortgage Parties from all Claims of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You acknowledge and agree that you are familiar with and have read the provisions of California Civil Code § 1542. To the fullest extent permitted by applicable law, you hereby voluntarily waive any and all rights that you may otherwise have under § 1542, which reads as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
11. DISPUTE RESOLUTION; BINDING ARBITRATION
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Liquid Mortgage and limits the manner in which you can seek relief from us unless a separate agreement between you and Liquid Mortgage controls resolution of any dispute with respect to that agreement. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section by sending written notice to us at the address listed below. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration.
In the interest of resolving disputes between you and Liquid Mortgage in the most expedient and cost effective manner, you and Liquid Mortgage agree that every dispute arising in connection with these Terms will be resolved by binding arbitration, to the fullest extent permitted under applicable law and unless a separate agreement between you and Liquid Mortgage applies. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND LIQUID MORTGAGE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
Despite the provisions of Section, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
To the fullest extent permitted under applicable law, any arbitration between you and Liquid Mortgage will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Liquid Mortgage.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Liquid Mortgage may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Liquid Mortgage must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
If you commence arbitration in accordance with these Terms, Liquid Mortgage will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York City, New York, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Liquid Mortgage for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND LIQUID MORTGAGE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Liquid Mortgage agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
If this arbitration Section is found to be unenforceable then the entirety of this Section (except this sentence) will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described below will govern any action arising out of or related to these Terms.
12. GOVERNING LAW AND VENUE
These Terms and your use of the Services are governed by the laws of the State of New York without regard to conflict of laws principles. If a lawsuit or court proceeding is permitted under these Terms, then you and Liquid Mortgage agree to submit to the exclusive jurisdiction of the state courts and federal courts located within New York, New York for the purpose of litigating any dispute, and you hereby consent to the personal jurisdiction and venue thereof. We operate the Services from our offices in the United States, and we make no representation that Materials included in the Services are appropriate or available for use in other locations.
13. SERVICE PROVIDERS
You agree that our Service Providers may rely upon any provisions in these Terms relating to intellectual property, disclaimer of warranties, limitation of liability, and indemnification, and that our Service Providers are, for purposes of such provisions, third party beneficiaries of these Terms, with the power to enforce such provisions as applicable.
14. ELECTRONIC NOTICES AND DISCLOSURES
By accessing or using the Services, you are consenting for Liquid Mortgage and its affiliates, agents, representatives, suppliers and service providers to send to you electronic communications, including email communications, about the Services. Such notices or other disclosures shall be considered received by you after being posted on our website or twenty-four (24) hours after being emailed to you.
You consent to receive communications relating to the Services in electronic form. The communications covered by your consent may include, but are not limited to: (i) any initial disclosure statement or agreement governing your access to or use of the Services, including these Terms; (ii) any disclosure statement or agreement required by federal, state, or local law; (iii) any notice, alert or letter regarding your access to or use of the Services; (iv) any other disclosures, notices or communications in connection with the registration, opening and maintenance of your account; and (v) any marketing communications related to the Services. Such electronic communications may include your name and certain information about your use of the Services. Electronic communications may be reviewed by any party, including Liquid Mortgage, with access to your account, the email address you have provided to us for delivering these communications, or the hardware or software you use to view your information or your email address.
You may not access or use the Services unless you also provide your consent to receive electronic communications. If you have registered for online services (such as mobile alerts) and you subsequently wish to withdraw your consent to receive future electronic communications, you must unsubscribe from each service you have elected to receive in order to completely withdraw your consent to receive electronic communications. Any withdrawal of your consent to electronic communications will be effective only after there has been a reasonable period of time to process such withdrawal request.
You agree to promptly update your contact information, including your email address, if it changes, by providing such updated information through your online account or by email to firstname.lastname@example.org.
In order to access your electronic communications, you must have a computer, mobile device or other device with Internet-browsing capabilities, an Internet connection and a means to print or store notices and information through your browser software. Such technology requirements may change from time to time. Any changes in such requirements that may affect your access to electronic communications related to your access to and use of the Services will be posted on the applicable websites or mobile services. You should periodically check for such posted information.
At your request, you may receive a paper copy of any communication that was provided to you electronically. If you would like a paper copy of any such communication, please email email@example.com. There will be no charge for any paper copy.
All communications in either electronic or paper format from us to you will be considered to be in writing. You should print or download a copy of this consent, these Terms and any other electronic communication that is important to you for your records.
You acknowledge that by clicking on the “I Agree”, “Register”, “Continue,” or any similar button provided in connection with these Terms, you are indicating your intent to sign up for electronic communications, and that such action shall constitute your signature.
You acknowledge and agree that (i) your consent is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act; and (ii) you and Liquid Mortgage and its affiliates, agents, representatives, suppliers and service providers, intend that the Act apply to the fullest extent possible to validate the ability to conduct business and communicate with you by electronic means.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. The failure of Liquid Mortgage to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. No term or provision of these Terms will be deemed waived, and no breach excused, unless such waiver or consent is in a writing that expressly refers to these Terms and the provision to be waived or the breach to be excused, and is signed by the party claimed to have waived or consented. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction. These Terms, including any terms and conditions incorporated herein, represent the entire agreement between you and Liquid Mortgage relating to the subject matter hereof, and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and Liquid Mortgage relating to such subject matter. Notices to you (including notices of changes to these Terms) may be made via posting to the Services or by e-mail (including in each case via links), or by regular mail. These Terms may not be modified or amended except in accordance with their terms.
Liquid Mortgage Inc.
Services © 2021 Liquid Mortgage Inc. unless otherwise noted. All rights reserved.