Terms of Use

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The use of this website provided by Inkstone Mortgage (hereinafter referred to as "Owner") are subject to the following Terms & Conditions (hereinafter the "Agreement"), all parts and sub-parts of which are specifically incorporated by reference here.  This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as "Website") and the individual articles (“Articles”) appearing therein.  

 1.  DEFINITIONS
 

The parties referred to in this Agreement shall be defined as follows: 

a.  Owner, Us, We: The Owner, as the creator, operator, and publisher of the Website, makes the Website available to users for viewing purposes only.  Inkstone Mortgage, Owner, Us, We, Our, Ours and other first-person pronouns will refer to the Owner, as well as any and all employees and affiliates of the Owner.
 

b.  You, the User, the Client: You, as the user of the Website, will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or Client.
 

c.  Parties: Collectively, the parties to this Agreement (the Owner and You) will be referred to as Parties.
  

 2.  ASSENT & ACCEPTANCE
 

By using the Website, You warrant that You have read and reviewed this Agreement and that You agree to be bound by it.  If You do not agree to be bound by this Agreement, please leave the Website immediately.  The Owner only agrees to provide use of this Website to You if You assent to this Agreement.

 3.  LIMITED LICENSE TO VIEW WEBSITE CONTENT
 

The Owner may provide You with certain information as a result of Your use of the Website.  Such information may include, but is not limited to, documentation, data, images, text or information developed by the Owner, and other materials which may assist in Your use of the Website (collectively, "Owner Materials").  Subject to this Agreement, the Owner grants You a non-exclusive, limited, non-transferable and revocable license to use the Owner Materials solely in connection with Your use of the Website.  The Owner Materials may not be used for any other purpose, and this license terminates upon Your cessation of use of the Website or at the termination of this Agreement.  Downloading, distributing, or copying the Website content, including but not limited to the Articles, in whole or in part, is expressly prohibited.  

4.  INTELLECTUAL PROPERTY
 

You agree that the Website and all Articles displayed herein are the property of the Owner, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Owner IP").  You agree that the Owner owns all right, title and interest in and to the Owner IP and that You will not use the Owner IP for any unlawful or infringing purpose.  You agree not to reproduce or distribute the Owner IP in any way, in whole or in part, including electronically.

5.  AFFILIATE MARKETING & ADVERTISING
 

The Owner, through the Website, may engage in affiliate marketing whereby the Owner receives a commission on or percentage of the sale of goods or services on or through the Website.  The Owner may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation.  This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements which may apply.

 6.  PRIVACY INFORMATION
 

Through Your Use of the Website, You may provide Us with certain information.  By using the Website, You authorize the Owner to use Your information in the United States and any other country where We may operate.

a.  Information We May Collect or Receive: Depending on how You use Our Website, We may receive information from external applications You use to access Our Website, or We may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
 

b.  How We Use Information: We use the information gathered from You to ensure Your continued good experience on Our website.  We may also track certain of the passive information received to improve Our marketing and analytics, and for this, We may work with third-party providers, including other marketers.
 

c.  How You Can Protect Your Information: If You would like to disable Our access to any passive information We receive from the use of various technologies, You may choose to disable cookies in Your web browser.
 

7.  REVERSE ENGINEERING & SECURITY
 

You agree not to undertake any of the following actions:

a.  Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website;
 

b.  Violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
 

8.  MODIFICATION & VARIATION
 

The Owner may, from time to time and at any time without notice to You, modify this Agreement.  You agree that the Owner has the right to modify this Agreement or revise anything contained herein.  You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

a.  To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
 

b.  You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Website after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.
 

c.  In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.
 

9.  ENTIRE AGREEMENT
 

This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.

10.  TERM, TERMINATION & SUSPENSION
 

The Owner may terminate this Agreement with You at any time for any reason, with or without cause.  The Owner specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Owner or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material.  At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

11.  NO WARRANTIES
 

You agree that Your use of the Website is at Your sole and exclusive risk. The Owner hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Owner makes no warranties that the Website will be uninterrupted, error-free, or secure.  The Owner also makes no warranties as to the reliability or accuracy of any information on the Website. You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the Website is Your sole responsibility and that the Owner is not liable for any such damage or loss.

12.  GENERAL PROVISIONS:
 

a.  LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
 

b.  JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the Website, You agree that the laws of the State of Colorado shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and the Owner, with the exception of its conflict of law provisions, and any intellectual property disputes, which are governed by federal law.  Copyright, trademark, and related claims shall be exclusively litigated in federal district court.  The Parties agree that this provision is not permissive, but rather mandatory in nature.  You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
 

c.  SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
 

d.  NO WAIVER: In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision.  Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
 

e.  HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
 

f.  NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement.  No Party has any authority to bind the other to third parties.
 

g.  ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail. For any questions or concerns, please email Us at the following address: info@inkstonemortgage.com