This Subscriber Agreement governs your use of MortgageDaily.com (publisher), which is an electronic news and information service. If you agree to be bound by the terms of this Agreement, you should click on the "I AGREE" button at the end of this Agreement. If you do not agree you will not be able to proceed with the publisher registration process and become a subscriber to publisher.

1. Changes to Subscriber Agreement. We may change the terms of this Agreement at any time by notifying you of the change either electronically or in writing. The changes also will appear in this document, which you can access at any time by visiting this page. Your use of publisher after changes are made to this Agreement means that you agree to be bound by such changes.
   
   
2. Privacy and Your Account. Subscription data and other information about you are subject to our Privacy Policy. Your information may be stored and processed in the United State. If your access to a Service has been provided by or through a third party (for example, your employer or an education institution where you are a student) (each, a "Third Party"), the Third Party may have provided us with information about you to enable us to provide you with access to the Service and distinguish you from other subscribers (such as your e-mail address or name). If you access a Service using a password, you are solely responsible for maintaining the confidentiality of that password. You agree to notify us promptly if you change your address or e-mail so we can continue to contact you and send any notices required hereunder. If you fail to notify us promptly of a change, then any notice we send to your old address or email shall be deemed sufficient notice.
   
   
3. Subscriber Fees and Refund Policy. Current subscription fees are
   $49 for 30 days
   $99 for 6 months
   $149 for 1 year
   $249 for 2 years
   
   You agree to pay the Subscription Fees and any other charges incurred in connection with your user name and password for publisher (including any applicable taxes for Texas residents) at the rates in effect when the charges are incurred. Charges will be billed to your credit card unless you pay by check. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you want to use a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed publisher using your user name and password without your authorization, you must contact publisher at SubscriptionHelp@aol.com. You are responsible for any fees or charges incurred to access publisher through an Internet access provider or other third party service.
   
   This subscription will NOT automatically renew. Please contact us at 214.521.1300 or SubscriptionHelp@aol.com to set up a recurring subscription.
   
   If for any reason you are dissatisfied with your subscription, you may request a refund within seven days of purchase, as follows
   $50 for 6 months
   $100 for 1 year
   $200 for 2 years
   NO refunds for 30-day subscriptions
   
   Please send your request to SubscriptionHelp@aol.com

   If you are authorized to access publisher through arrangements between your employer and us, some or all of these "Fees and Payments" terms may not apply to you. Please contact your employer for details.
   
   

4. Exceptions for Various Types of Subscribers; Other Users. If your access to a Service is provided by, or through a Third Party, or purchased your subscription to the Service through a retailer rather than from us directly, some or all of the "Fees and Payments" and "Renewal" terms may not apply to you. Please contact the Third Party, retailer or our Customer Service department for details. If you access a Service as part of an "open house" free trial or otherwise without becoming a subscriber, you are hereby notified that all of the terms and conditions of this Subscriber Agreement except the section labeled "Fees and Payments" and "Renewal" apply to your use and access of the Service.
   
   
5. Limitations on Use.
   
          a.     Only you may access publisher's content with your user name and password. You agree to pay $149 to publisher for each person besides you that accesses MortgageDaily.com content using your user name and password or your computer. -- except where you have reported fraudulent activity to the police.
   
          b.     The content available through publisher is our property or the property of our licensors and is protected by copyright and other intellectual property laws. You may display or print the content available through publisher for your personal, non-commercial use only.
   
   You agree not to sell, publish, distribute, retransmit or otherwise provide access to the content received through publisher to anyone, including your fellow employees, with the following two exceptions:
   
             (i)     You may never distribute a copy of an article or a portion of an article from publisher in electronic or non-electronic form to any individuals without publisher's express written permission. Please consult http://MortgageDaily.com/advertise.asp if you want to distribute, reprint, or publish an article from publisher, on a regular basis or in any other manner not expressly permitted by this Agreement.
   
   You may, however, reprint just the headline and a link to the story.
   
   
          c.     You agree not to rearrange or modify the Content. You agree not to create abstracts from our content for use on another web site or service. You agree not to post more than a headline and link from publisher to Web logs, newsgroups, mail lists or electronic bulletin boards, without our written consent.
   
   To request consent for this and other matters, please contact SubscriptionHelp@aol.com.
   
          d.     You agree not to use services publisher for any unlawful purpose. We reserve the right to terminate or restrict your access to publisher if, in our opinion, your use of publisher may violate any laws, infringe upon another person's rights or violate the terms of this Agreement. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.
   
   
6. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT AVAILABLE THROUGH THE SERVICES IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. We do not give tax or investment advice or advocate the purchase or sale of any security or investment. You should always seek the assistance of a professional for tax and investment advice. MORTGAGEDAILY.COM AND ITS AFFILIATES, OWNERS, OFFICERS, EMPLOYEES AND LICENSORS ("THE MORTGAGEDAILY.COM PARTIES") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE MORTGAGEDAILY.COM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE MORTGAGEDAILY.COM PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
   
   
7. General. General. This Agreement contains the final and entire agreement between us regarding your use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services. We may discontinue or change the Services, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of Texas, United States of America applicable to contracts made entirely within Texas and wholly performed in Texas, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in Texas. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.