Think Big Work Small, Inc. Website User Agreement

Read this document carefully before accessing or subscribing to the services of RateAlert, MBSauthority, MBSphone, MBSpros or Sigma Research, collectively referred to as MBS services.  The corresponding URL’s include www.ratealert.com, www.mbsauthority.com, www.mbspros.com, www.mbsphone.com and shall hereafter be referred to ‘the sites”.  The sites are owned by THINK BIG WORK SMALL, Inc. here forth referred to as “TBWS” and referred to as thetbwsgroup within the sites.  By clicking “I agree to terms and conditions” either at the time or subscription or login, you agree to be bound by the terms and conditions set forth below and here to be referred to as Subscriber.  If at any point you do not wish to be bound by these terms and conditions, you should immediately cease such use.  TBWS may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the site.  You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement. 

Terms and Conditions

By subscribing to Rate Alert, you agree that use of the Service is entirely at your own risk. TBWS assumes no responsibility or liability for your individual financial business decisions, related to the Rate Alert notifications.  You should not rely on the Information, MBS or economic commentary or any related advice in making any financial decision or investment.  These are merely opinions which without exception will be affected by financial markets.  By using the Rate Alert, you are fully responsible gains and losses, financial, emotional or otherwise, experienced, suffered or incurred by you, by your clients or potential clients, and/or your peers or colleagues.  TBWS does not guarantee the accuracy, completeness or timeliness of Rate Alerts, Lock Advice or commentary.  Furthermore, TBWS assumes no responsibility for third party receipt of the alerts.  You understand that timely and delivery can be adversely affected by poor web connections, faulty hardware, computer viruses, natural disasters, power outages or software glitches or malfunctions; either on the Rate Alert website site, that of the internet, or on your computer or your web connection.
Description of Service 
The TBWS are providing Subscriber with data and news relating to mortgage backed securities. Subscriber must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Subscriber’s access to the Internet, and (3) pay any fees relate with such connection.  The Sites provide and distribute MBS related commentary to Consumers, Potential Consumers and Realtors which may be branded, at the choice of Subscriber to themselves, and/or the company for which they work.  Site commentary is solely market based and does not specifically mention specific loan terms, either related to Consumer qualification or otherwise.
Disclaimer of Warranties. 
The site is provided by Sites on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, TBWS makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. TBWS shall have no liability for any interruptions in the use of this Website. TBWS disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
Limitation of Liability 
TBWS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, RELATED TO THE USE OF SITES OR MBS MARKET COMMENTARY BY SUBSCRIBER.  TBWS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF TBWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE. The SITES ARE NOT INTENDED AS A PLATFORM FOR TRADING MORTGAGE BACKED SECURITIES, FUTURES OR ANY INVESTMENT PRODUCT. THIS WEBSITE DOES NOT PROVIDE RECOMMENDATIONS FOR TRADING ANY FINANCIAL PRODUCT
Indemnification and Reservation of Rights
Subscriber agrees to indemnify and hold TBWS, subsidiaries, consultants, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Subscriber’s use of the Service, the violation of this Agreement, or infringement by Subscriber, or other user of the Service using Subscriber’s computer, of any intellectual property or any other right of any person or entity.
Modifications and Interruption to Service 
TBWS Sites reserves the right to modify or discontinue the Service with or without notice to the Subscriber. TBWS shall not be liable to Subscriber or any third party should TBWS exercise its right to modify or discontinue the Service. Subscriber acknowledges and accepts that TBWS does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Copyright, Licenses and Trademarks

Domestic and International copyright and trademark laws protect the entire contents of the Sites. The owners of the intellectual property, copyrights and trademarks are TBWS, its affiliates or other third party licensors. You may not modify copy or reproduce, republish, upload, post, transmit, or distribute, or forward in any manner, the material on the site including text, graphics, code and/or software.  You may not print or download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.

Use of the Rate Alert Web-Site and Service

You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Rate Alert notifications to third parties for any purposes.   You understand that TBWS will deliver rate alerts and MBS market information to you; and that it is a violation of us Copyright laws to forward or redistribute them in any way, electronically or otherwise after receipt; with our without delay to either paying Subscribers of Rate Alert or Otherwise.
Disclaimer Regarding Accuracy of Vendor Information 
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While TBWS makes every effort to ensure that the information on this website is accurate, TBWS shall, under any circumstance, make no representations or warranties as to the accuracy or reliability of any information provided on this website.
Opting Into Promotions

Subscribers agree to receive promotional messaging from TBWS and/or its promotional partners.  Such promotions will be determined at the sole behest of TBWS and may result in the receipt of discounted services from TBWS or promotional partners.  Unsubscribing from TBWS messaging campaigns, either email or otherwise, will be considered a violation of this agreement and free TBWS Rate Alerts will immediately discontinue, without notice.  You understand that in order to receive Rate Alerts you have “Opted In” to the distributed promotional messaging of TBWS and that promotional messages may include promotions of third party vendors at the sole discretion of TBWS for commercial purposes. 

Equipment

You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto.  Please note: Standard Text Messaging rates may apply from your mobile service provider.  TBWS may from time to time recommend specific vendors and products but assumes no responsibility for the accuracy of claims or reliability of the product of any third party vendor. 

Termination

Either party without notice may terminate this Agreement at any time for any reason.  Subscriber understands that in order to terminate you must click unsubscribe at the website and then confirm the fact that you are un-subscribing.  The provisions of paragraphs “Copyright, Licenses and Trademarks”, “Use of the Site”, “Indemnification and Reservation of Rights”, “Dealing with Third Parties” and “Miscellaneous” shall survive any termination of this Agreement.  

Dealing with Third Parties

You understand that TBWS will send promotions from third parties.  Notwithstanding, TBWS does not operate, control or manage any information, products or services of any third party in any way.  Your participation, correspondence or business dealings with any third party found on or through the Site, or via promotions received from TBWS, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that TBWS shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

Links

The Sites may provide, or third parties may provide, links to non-TBWS Internet sites or resources. Because TBWS has no control over such sites and resources, you acknowledge and agree that TBWS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TBWS shall not be financially responsible or liable, directly or indirectly, for damage or losses caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TBWS without restriction.

Pricing (Paying Subscribers Only)

TBWS will make product pricing available to the public at www.ratealert.com.  Subscriptions are paid in advance of receiving the service.  Subscribers are aware that in addition to paid subscription costs, other costs, including standard/other SMS text messaging rates, email or carrier expenses will apply according to your carrier.  TBWS does not cover the cost of, nor does it reimburse Subscribers for other costs of receiving text messaging alerts or any other messages sent to Subscriber. 

Auto Renewal and Billing (Paying Subscribers Only)

Basic and Executive Subscriptions, billing and charges automatically renew at the end of each billing term as selected by subscriber during the activation and purchasing process, unless service has been Un-Subscribed from by Subscriber in prior to the end of such term.  It is understood that unless a Subscriber Un-Subscribes, they will be charged for the remaining term of their billing and subscription, at the price agreed to within the site.  Upon automatic renewal TBWS will charge automatically, via the same payment instrument used when initially subscribing.  Subscribers have the right to Un-Subscribe prior to the next billing renewal.

Un-Subscribing from Rate Alert

In order to avoid auto-renewal, you must click “unsubscribe” at www.ratealert.com  and confirm that you wish to unsubscribe, prior to the renewal date.  You can also un-subscribe by calling TBWS at also call TBWS (707) 356-TBWS (8297) or by emailing SupportTeam@ratealert.com prior to renewal. 

Refunds (Paying Subscribers Only)

Paying for the Rate Alert service is solely at your own risk.  You understand that TBWS will not refund money or Pro-Rate your cancellation and refund you your remaining months which were paid for in advance of service.

Miscellaneous

This Agreement shall all be governed and construed in accordance with the laws of the State of California, United States applicable to agreements made and to be performed in the State of California, United States. You agree that any legal action or proceeding between TBWS and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the County of Solano, State of California, United States.  Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. TBWS failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. TBWS may assign its rights and duties under this Agreement to any party at any time without notice to you.  Any rights not expressly granted herein are reserved.  Some of the information on this Web site may contain projections or other forward-looking statements regarding future events or the future financial performance of TBWS. We wish to caution you that these statements are only predictions and that the actual events or results may differ materially.

Enforcing this Agreement
TBWS can delay enforcing or fail to enforce any of our rights under this Agreement without losing the right to enforce them at a later time.