Terms of Use
Welcome to MDA Lending Solutions, Inc. (“MDA”). This Web Site is owned and operated by MDA. BY ACCESSING ANY AREA OF THIS WEB SITE, YOU AGREE TO BE LEGALLY BOUND AND TO ABIDE BY THE TERMS SET FORTH BELOW AND ANY FUTURE CHANGES. If you do not agree to these terms, you may not use or further access this Web Site.
Copyrights
Except as otherwise noted in this Web Site, all information and other content posted in this Web Site (collectively, the "Information") is either owned by or licensed to MDA, and is protected by copyrights or other proprietary rights. All Information is copyrighted by MDA as a collective work under U.S. and international copyright laws, conventions and treaties. MDA and its licensors retain all proprietary rights to the Information. You may not reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of any software related to this Web Site. You may make one hard print copy of limited portions of the Information on an ad hoc basis for your personal noncommercial use only, provided that all copyright and other notices contained therein are maintained, but otherwise the Information may not be used, reproduced, republished, uploaded, posted, transmitted, modified or distributed in any way without MDA’s written permission.
Trademarks
The MDA logo is a registered trademark as well as other related marks which may appear on this Web Site, they are the trademarks, trade names or service marks of MDA, or are licensed providers of services to MDA (collectively, "Trademarks"). The Trademarks may not be used, reproduced, republished, uploaded, posted, transmitted, modified or distributed in any way. No license or other right is granted to use any of the Trademarks. Other product, service and company names mentioned herein are for identification purposes only and may be trademarks/service marks of their respective owners.
No Warranty; Limitation of Liability
Although MDA attempts to provide a useful Web Site, MDA does not guarantee that the Information is accurate, current or suitable for any particular purpose. MDA assumes no obligation to update or continue to post the Information. MDA does not guarantee that access to this Web Site will be uninterrupted, that this Web Site will be free of viruses or other harmful components, or that this Web Site cannot be tampered with by third parties. MDA does not guarantee that information sent to this Web Site will not be obtained, reviewed, disclosed or tampered with by third parties, whether or not measures are taken to secure such information. THIS WEB SITE, THE INFORMATION AND ANY SOFTWARE RELATED THERETO ARE PROVIDED ON AN "AS IS" BASIS, WITH NO WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. USE OF THIS WEB SITE, THE INFORMATION AND SUCH SOFTWARE IS AT THE USER’S SOLE RISK. IN NO EVENT WILL MDA BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THIS WEB SITE (INCLUDING BUT NOT LIMITED TO ANY SOFTWARE RELATED TO THIS WEB SITE, ANY WEB SITE OPERATED BY A THIRD PARTY, OR ANY INFORMATION CONTAINED IN THIS WEB SITE OR ANY OTHER WEB SITE), INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EVEN IF MDA IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions may not allow the disclaimer of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.
Indemnity
You agree to indemnify, defend and hold harmless MDA, its owners, officers, directors, employees, agents, information providers, licensors and licensees from any damages, losses, costs or expenses (including, but not limited to, attorneys’ fees) which any of such persons may incur as a result of your use of this Web Site or as a result of information entered into this Web Site by you. You agree to cooperate fully with MDA in the defense of any claim. MDA reserves the right, at its expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of MDA.
Other
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to the Legal Department, MDA Lending Solutions, Inc., 5300 Brandywine Parkway, Suite 100, Wilmington, Delaware 19803, telephone (302) 433-8000, email: MDALegal@mdasolutions.com. This Web Site is controlled by MDA in the State of Illinois, U.S.A. The laws of the State of Illinois will govern these terms, without giving effect to any principles of conflicts of laws. MDA makes no representation that this Web Site or the Information is appropriate, legal or available for use in other locations. Those who chose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with local laws, if applicable. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Cook County, Illinois, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The provisions of these terms are severable. If any provision is determined to be unenforceable, such unenforceability will not affect the validity and enforceability of any other provision. These terms, together with the Purchase Agreement (if you are a customer or subscriber), are the entire agreement between MDA and you relating to your use of this Web Site. MDA may revise these terms at any time by posting such changes on this Web Site; any such changes shall be binding upon you when posted.