SUBSCRIBER TERMS AND CONDITIONS OF USE
Before becoming a Subscriber (a "Subscriber") to any Tabrasa, LLC (formerly, Vantage Production, LLC) service, (the "Service(s)") you must read and agree to the following terms and conditions of use (the "Terms and Conditions") which govern your use of this Website and your relationship with Tabrasa, LLC, and all individuals and companies associated with this Website (collectively referred to as "Tabrasa" or "We"). If you do not agree to these Terms and Conditions, do not use the Service. We may change the Terms and Conditions from time to time and at any time without notice to you, by posting such changes on this Website. By using the Service following any modifications to these Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.
Terms and Conditions
By using the Service, including any content contained therein, you agree that use of the Service is entirely at your own risk. Tabrasa is not a registered investment advisor or a broker dealer. You understand and acknowledge that there is a degree of risk involved in trading mortgage-backed bonds. Past results of any individual mortgage loan originator published on this Website are not indicative of future results by that originator, and are not indicative of future returns which will be realized by you. We assume no responsibility or liability for your individual decisions, trading, and investment results. The indicators, strategies, columns, articles and all other features (collectively, the "Content") are provided for informational and educational purposes only and should not be construed as investment advice. The analysts and employees or affiliates of Tabrasa may hold positions in the bonds, stocks or industries discussed here. You should not rely solely on the Content in making any decision or investment. Rather, you should use the Content only as a starting point for doing additional independent research in order to allow you to form your own opinion regarding the locking or floating of mortgage loan interest rates. Factual statements in this web page are made as of the date stated and are subject to change without notice.By using the Content on the Service, you assume full responsibility for any and all gains and losses, financial, emotional or otherwise, experienced, suffered or incurred by you. Tabrasa does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse in any way, the views, opinions or recommendations expressed in the Content. Tabrasa does not give investment advice, and does not advocate the purchase or sale of any security or investment by you or any other individual. The Content is not intended to provide tax, legal or investment advice, which you should obtain from your professional advisor prior to making any investment of the type discussed in the Content. The Content does not constitute a solicitation by the information providers, Tabrasa or other of the purchase or sale of bonds or securities. THE SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. SPECIFICALLY, Tabrasa DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. NEITHER Tabrasa NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF Tabrasa, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
Tabrasa or one of its affiliates, is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing in the Service and website, and is the copyright owner or licensee of the content and/or information on the Website, unless otherwise indicated. Tabrasa does not grant to you a license to any content, features or materials you may access on this Website. You may not download or save a copy of any of the content or screens except as otherwise provided in these Terms and Conditions, for any purpose.You may, however, print a copy of the information on this Website solely for your personal use or records. If you make any other use of this Website, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property, by including them on this Website.We reserve the right to change any information on this Website, including but not limited to revising and/or deleting features or other information without prior notice to you. Accessing certain links within this Website may provide you with access to other Websites for which we assume no responsibility of any kind for the content, availability or otherwise. (See "Links from and to The Website" below.) The content of this Website may vary depending upon your browser functionality and limitations.You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer, software, a modem and a working telephone line, cable or other internet connection.
In consideration of your use of the Service, you agree that you are at least eighteen (18) years of age and you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the Registration Form, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, we have the right to terminate your account and refuse any and all current or future use of the Service. You agree not to resell or transfer the Service or use of or access to the Service.
Payment, Renewals, and Refund Policy
Each paid Subscriber is responsible for the subscription fees and any charges incurred to access the Service. After you become a Subscriber and after the initial subscription period, Tabrasa will automatically charge your credit card at the then current subscription fee rate applicable to your subscription term until you cancel your subscription by contacting our office via the contact form on our website, by phone, via our support email, or by US mail. Subscription renewals are billed on the anniversary date of your original membership registration. Subscription cancellations must be received prior to the subscription renewal date. No refunds shall be provided for cancellation requests received on or after the respective renewal date.
Charts, news, market update, and historical information on the Service are provided by a various of sources. Daily updates are subject to market fluctuations and are based on the latest quotes received from third-party data contributors and are subject to delays. Market quotes and certain other information on this Website, as well as reference materials or links to other sites, are for general informational purposes only, and are not intended to be relied upon for transactional purposes. Neither Tabrasa nor any of its data or content providers shall be liable for any errors or delays in the content, or for any actions taken in reliance thereon.
User Conduct On Websites
While using the Service, you may not:
1. upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary or intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder; or
2. upload, post, publish, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto, as the Service is copyrighted as a collective work under U.S. copyright laws; or
3. upload, post, publish or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export laws and regulations; or
4. upload, post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
5. restrict or inhibit any other user from using and enjoying the Service; or
6. offer, sell or buy any security or other investment vehicle; or
7. knowingly violate any laws, including without limitation the Securities Act of 1933 and Securities Exchange Act, or any rule of any securities exchange, including, without limitation, the New York Stock Exchange or the NASDAQ/AMEX; or
8. post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by Tabrasa) ; or
9. engage in spamming or flooding; or
10. impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or
11. post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component.
Subscribers to The Mortgage Market Guide Weekly and Platinum Marketing may redistribute these Services and its content to their clients, partners, prospects and others as the Subscriber may see fit for their business purposes. The clients, partners, prospects and others receiving The Mortgage Market Guide Weekly and Platinum Marketing from the Subscriber may NOT in-turn rebrand and redistribute as being from them. However, the clients, partners, prospects and others receiving The Mortgage Market Guide Weekly may redistribute The Mortgage Market Guide Weekly using the Send to A Friend button.
All information submitted to the Service via this Website shall be deemed and remain the property of Tabrasa, and we shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in information any user of this Website provides to Tabrasa through this Website. Tabrasa shall not be subject to any obligations of confidentiality regarding submitted information, except as agreed by the Tabrasa entity having the direct customer relationship or as otherwise specifically agreed or required by law.
Links from and to Website
Tabrasa is not necessarily affiliated with sites that may be linked to the Website and is not responsible for their content. The existence of such links does not indicate any approval, endorsement or authentication of any material appearing on such linked websites or any association between Tabrasa and their owners or operators. You assume sole responsibility for use of third party websites.You acknowledge and agree that Tabrasa and any of its Website co-branding providers have no responsibility for the accuracy or availability of information provided by linked websites. Links to external websites do not constitute an endorsement by Tabrasa or its Website co-branding providers of the sponsors of such sites or the content, products, advertising or other materials presented on such sites.The links on this Website may provide you with access to other websites where the trading of securities is possible. You acknowledge and agree that we shall not be responsible or liable with regard to any trading which may be conducted on such linked trading sites or any other website which may be linked to or from the Service. You acknowledge and agree that the bond, stock and mutual fund price quotes and news stories which are accessed within a trading day may be delayed at least 20 minutes, as may required by exchanges and information providers. You acknowledge and agree that you bear responsibility for your own investment research and investment decisions, and that Tabrasa shall not be liable for any decision made or action taken by you or others based upon reliance on information or materials obtained through use of the Service. Prior to the execution of a securities trade, you should always consult with your broker or other financial representative to verify securities pricing information.Content in the many web pages that are linked to the Service comes from a variety of sources. Some of this information comes from official Tabrasa licensees, but much of it comes from unofficial or unaffiliated organizations and individuals, both internal and external to Tabrasa. We do not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.
Communication and Submissions
When you visit this Website or send emails to Tabrasa, you are communicating with Tabrasa electronically. You consent to receive communications from Tabrasa electronically. Tabrasa will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that Tabrasa provides to you electronically satisfy any legal requirement that such communications be in writing.From time-to-time, Tabrasa may provide its members with voice broadcasts containing information that Tabrasa feels is of interest and/or importance to its members. These voice broadcasts are delivered to members in the form of prerecorded voice mail messages. By using the Website and therefore agreeing to the terms of this Agreement, you hereby give Tabrasa your express consent to receive such voice broadcasts.Any creative materials which you post on the Forum (as defined below) or transmit to the Website or Tabrasa by electronic mail, telephone conference call, live or recorded interview, or otherwise, including creative suggestions, ideas, notes, drawings, concepts or other information, communications including any data, questions, comments, suggestions, or the like (collectively, the "Information") shall be deemed, and shall remain, the property of Tabrasa. None of the Information shall be subject to any obligation of confidence on the part of Tabrasa and Tabrasa shall not be liable for any use or disclosure of any Information and Tabrasa is hereby granted a non-exclusive license to use in perpetuity, throughout the universe, any now known or hereafter existing rights to the Information of every kind and nature and shall be entitled without restriction to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute or incorporate the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.Please be advised that your use of Platinum Marketing may be subject to a corporate agreement with your employer, in which event Tabrasa, L.L.C. will only release copies of loaded data files within Platinum Marketing with corporate approval.
The Website may include bulletin boards, chat rooms, e-mails or other forums ("Forums"). Tabrasa is not responsible for any material posted on the Forums, and it is a condition of your use of the Forums and the Website that you shall not upload, transmit, distribute or otherwise publish through such Forums any content which: violates any law; libels; defames; is obscene; hateful; racist; harassing; vulgar; pornographic; abusive; threatening; profane or indecent, including images and language; infringes any intellectual property rights of a person or entity, including without limitation, violating a copyright or trademark or other proprietary right or derivative works with respect thereto; violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights; in any way exploits any information; software or other material for commercial purposes or which contains advertising; promotion or marketing without the express written permission of Tabrasa (if such consent is given, only pursuant to the terms and conditions designated in the written permission from Tabrasa); is for the benefit of any business entity in which you have a direct or indirect financial interest without the express written permission of Tabrasa (if such consent is given, only pursuant to the terms and conditions designated in the written permission from Tabrasa); solicits gambling or engages in any gambling activity; contains a virus or other harmful component; advocates illegal activity; solicits any illegal act; uses the service for any purpose other than which it is intended; impersonates any person; or uses forged headers or other identifying information in a defamatory way. While Tabrasa does not and cannot review every message posted by users in the Forums and is not responsible for the content of these messages, Tabrasa reserves the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or unacceptable as set forth hereinabove or otherwise. You acknowledge that Tabrasa reserves the right to, and may from time to time, monitor any and all information transmitted or received, for operational and other purposes. Your use of this Website constitutes consent to such monitoring. Tabrasa will cooperate with any and all appropriate legal authorities in investigating claims of illegal activity, including, but not limited to illegal transfer or use of copyrighted material or other illegal activity. Tabrasa reserves the right to immediately terminate its service to any customer for any violation of this Agreement.
We are taking reasonable and appropriate measures, including encryption, to ensure that your personal information is disclosed only to those specified by guarantee that the personal information you have entered will not be intercepted by others and decrypted. If you wish to make purchases through the Service, you may be asked by the merchant, information provider or service provider from whom you are making the purchase to supply certain information, including credit card or other payment mechanism information. You agree not to hold Tabrasa liable for any loss or damage of any kind incurred as a result of any such dealings with any merchant, information provider or service provider through the Service. You agree that all information you provide any merchant, information provider or service provider through the Service for purposes of making purchases will be accurate, complete and current. The merchants, information providers and service providers offering merchandise, information and services through the Service set their own prices and may change prices or institute new prices at any time. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases through the Service.
Failure to Comply With Terms and Conditions and Termination
Subscription to this Service may be terminated at any time, and without cause, by either Tabrasa or the Subscriber, upon notification by, U.S Mail, overnight delivery service, telephone or e-mail. When termination is requested by a Subscriber, subscription fees are subject the Refund Policy listed above. Subscribers are liable for charges incurred by them until termination of service.You acknowledge and agree that we may terminate your password or account or deny you access to all or part of the Service without prior notice if you engage in any conduct or activities that we, in our sole discretion, believe violate any of these Terms and Conditions, violate the rights of Tabrasa, or is otherwise inappropriate for continued access.You acknowledge and agree that we may, in our sole discretion, deny you access, through the Service, to third party services, merchandise, materials or information on the Internet, and we shall have no responsibility to notify any third-party providers of services, merchandise or information nor shall we have any responsibility for any consequences resulting from lack of notification.You agree to defend, indemnify and hold Tabrasa and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Service or the placement or transmission of any message, information, software or other materials through the Service by you or users of your account or related to any violation of these Terms and Conditions by you or users of your account.
The Terms and Conditions and the relationship between you and Tabrasa shall be governed by the laws of the State of Delaware, without regard to its conflict of law provisions. You and Tabrasa each agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Delaware.The failure of Tabrasa to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.