Mortgage Careers Path Program
www.mortgagecareerspath.com
Mortgage Bankers Association and Wells Fargo Bank, N.A.
Terms of Use
Last Updated: November 24, 2004

1. INTRODUCTION: The resources available to you on this Web Site, including audio and visual information, documents, text, services and software ("Content"), are provided to you by Mortgage Bankers Association ("MBA"), subject to the following Terms of Use. The terms “we” or “us” will refer to both MBA and Wells Fargo Home Mortgage, a division of Wells Fargo Bank, N.A. (“Wells Fargo”) together. MBA reserves the right to update these Terms of Use at any time without notice to you. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of each MortgageCareerPaths.com Web page. The MortgageCareerPaths.com Web Site (the “Web Site”) makes available training in mortgage banking to qualified individuals (the “Mortgage Career Paths Program.)

2. ACCEPTANCE OF TERMS: By using the Mortgage Career Paths Web Site to access and use the Content, you acknowledge and agree that you have fully read, and agree to be bound by, the provisions of these Terms of Use, exactly as if they were printed on paper and signed by you. If you do not agree to be bound by these Terms of Use in their entirety, or do not agree with any later modified Terms of Use, then you must immediately stop using the Web Site. Although this Web Site is intended for consumer, rather than business use, if you access or use the Content in the course of your employment or business, you enter into these Terms of Use both on your own behalf and in your individual capacity as an employee, officer, agent, partner, etc. of such organization that you represent, and references in these Terms of Use to "you" shall mean both you as the individual user of the Web Site and you in your capacity as a representative of your organization.

3. PRIVACY AND PROTECTION OF PERSONAL INFORMATION: See the Site’s Privacy Policy for information regarding the collection and use of your personal information.

4. DISCLAIMERS: MBA IS NEITHER AN EMPLOYMENT AGENCY NOR RECRUITER NOR IS IT OTHERWISE IN THE BUSINESS OF SEEKING EMPLOYMENT FOR, OR PROVIDING EMPLOYMENT TO, THIRD-PARTIES, INCLUDING THOSE PERSONS REGISTERING WITH THE WEB SITE (“STUDENTS”).

NEITHER MBA NOR WELLS FARGO GUARANTEES STUDENTS EMPLOYMENT UNDER THE MORTGAGE CAREER PATHS PROGRAM. ANY DECISION TO MEET WITH A STUDENT UNDER THE MORTGAGECAREERPATHS PROGRAM TO DISCUSS POTENTIAL EMPLOYMENT OPPORTUNITIES, OR TO HIRE A STUDENT, IS MADE SOLELY BY WELLS FARGO. NO MEETING TO DISCUSS POTENTIAL CAREER OPPORTUNITIES WITH A STUDENT UNDER THE MORTGAGECAREERPATHS PROGRAM WAIVES ANY EMPLOYMENT PROCESS OR PROCEDURE OF WELLS FARGO, AND ANY SUCH MEETING SHALL BE REGARDED AS A PRE-APPLICATION MEETING WITH A JOB SEEKER.

YOUR USE OF THE WEB SITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR AT MORTGAGECAREERPATHS.COM AND THROUGHOUT THIS SITE AND THE CAMPUSMBA WEB SITE (TOGETHER “THE WEB SITES”), AND MBA AND WELLS FARGO ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION THAT YOU TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON THE WEB SITES.

The information and services offered on the Web Sites are provided with the understanding that neither MBA nor Wells Fargo or any other content suppliers is engaged in rendering legal or other professional services or advice. Reference to any specific, participating mortgage banking institution, commercial product, process or service does not constitute or imply any endorsement, recommendation or favoring by MBA. While we strive to keep the information on the Web Sites accurate, complete, and up-to-date, we cannot guarantee, and will not be responsible for any damage or loss related to the accuracy, completeness, or timeliness of the Content found at the Web Sites.

MBA MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT OF THE WEB SITES. THE CONTENT OF THE MBA WEB SITES IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE CONTENT COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. MBA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE CONTENT OF THE WEB SITES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL WE AND/OR OUR AFFILIATES AND/OR OUR SUBSIDIARIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEB SITES OR WITH THE DELAY OR INABILITY TO USE THE WEB SITES, OR FOR ANY TEXT, INFORMATION, SOFTWARE, IMAGES, AND SERVICES OBTAINED THROUGH THE WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF MBA OR ANY OF ITS SPONSORS OR PARTICIPATING INSTITUTIONS OR CONTENT PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. WE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT (INCLUDING REMOVAL OF CONTENT) AT ANY TIME.

5. DOING BUSINESS ON THE INTERNET: You acknowledge and agree that electronic communications and databases are subject to errors, tampering and break-ins and that, notwithstanding the efforts of MBA to implement reasonable security precautions, MBA does not guarantee or warrant that such events will not take place. You agree to follow all access and security procedures provided from time to time by MBA, and you will not attempt, nor will you aid or abet any other person in any attempt, to circumvent or otherwise interfere in any way with any security precautions or measures of MBA.

6. NO UNLAWFUL OR PROHIBITED USE: As a condition of your use of the Web Sites, you will not use the Content or access the Web Sites for any purpose that is harmful, abusive, derogatory, defamatory, in violation of any confidentiality obligation, invasive of any third party's rights, unlawful, disruptive to the Web Sites, or otherwise prohibited by these terms, conditions, and notices. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Web Site. MBA reserves the right to terminate your use of the Web Sites, in its sole discretion, with or without notice, if MBA reasonably believes that your conduct fails to conform to these Terms of Use.

7. LINKS TO THIRD PARTY SITES: Links on this Web Site will let you leave the Mortgage Career Paths Web Site. Such links are provided solely as pointers to services or information on topics that may be useful to visitors to the Mortgage Career Paths Web Site, and MBA has no control over the content on such linked sites (or any link contained in a linked site). If you choose to link to a Web site not controlled by MBA, MBA makes no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does MBA warrant that such site or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. Links to non-MBA sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such sites.

8. PROPRIETARY RIGHTS: We own all materials on this site (as well as the organization and layout of the site). Unless otherwise specified, access to the Content is provided for non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any text, information, software, pictures, or services obtained from this Mortgage Career Paths Web Site or from any web-based course offered by MBA through CampusMBA unless you first obtain MBA’s written permission. You are not entitled to use in any way the trademarks of either MBA or Wells Fargo.

9. ARBITRATION: By accessing the Mortgage Career Paths and the CampusMBA Web Sites and using the information therein available and/or by using any products or services made available through these Web Sites, you agree with MBA, its service providers, their affiliates, parents, subsidiaries and any other content provider or Sponsor or Participating Institution on this site or through any other associated activity, that any claim or dispute ("Claim"), you may have against or with any of these persons or entities, whether related to the purchase or to the Content, including the enforceability of this arbitration clause, and whether under a statute, in contract, tort, or otherwise and whether for money damages, or declaratory or equitable relief, shall be resolved by binding arbitration before a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association.

Any arbitration hearing at which you appear will take place within the District of Columbia, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall have no power or authority to make any award that provides for punitive or exemplary damages. Each party shall bear its own costs in connection with any arbitration proceedings. The parties shall equally share the fees of the arbitration and the arbitrator.

This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 ("FAA"). The arbitrator shall follow existing substantive law of the District of Columbia, without regard to its choice or conflict of laws provisions, to the extent consistent with the FAA, and applicable statutes of limitations and shall honor any claims or privilege recognized by law. If any party requests, the arbitrator shall write an opinion containing the reasons for the award.

NO CLAIM SUBMITTED TO ARBITRATION IS HEARD BY A JURY, AND NO CLAIM MAY BE BROUGHT AS A CLASS ACTION OR AS A PRIVATE ATTORNEY GENERAL. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim. This Arbitration Section applies to all Claims now in existence or that may arise and shall survive the termination of any dealings with us.

For the purposes of this Arbitration Section, "we" and "us" means MBA, its parent, subsidiaries, affiliates, licensees or sublicensees, predecessors, successors, assigns and all of their officers, directors, employees, agents and assigns or any and all of them. Additionally, "we" or "us" shall mean Wells Fargo and any other third-party providing benefits, services, or products in connection with this web site and their parent, subsidiaries and affiliates and all of their officers, directors, employees and agents if, and only if, such a third party is named by you as a co-defendant in any Claim you assert against us.

If any part of this Arbitration Section is found to be invalid or unenforceable under any law or statute consistent with the FAA, the remainder of this Arbitration Section shall be enforceable without regard to such invalidity or unenforceability.

THE RESULT OF THIS ARBITRATION SECTION IS THAT CLAIMS CANNOT BE LITIGATED IN COURT, INCLUDING SOME CLAIMS THAT COULD HAVE BEEN TRIED BEFORE A JURY, AS CLASS ACTIONS OR AS PRIVATE ATTORNEY GENERAL ACTIONS.

10. MISCELLANEOUS: All changes, updates, and enhancements to the Content are subject to these Terms of Use. Our failure to insist upon strict enforcement of any provision in these Terms of Use shall not be construed as a waiver of any provision or right.