Terms & Conditions of Use

Copyright 2008 Mortrex LLC
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE (THE “TERMS”) CAREFULLY BEFORE USING THIS WEB SITE (THE “SITE”). THE TERMS GOVERN YOUR USE OF THE SITE AND ARE BINDING BETWEEN YOU AND MORTREX LLC (“MORTREX”).

1. Acceptance of Terms and Subsequent Amendments
Your use of the Site constitutes Your full legal acceptance of the Terms, to the same extent as if You had physically signed an agreement with Mortrex. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE SITE. You agree that Mortrex may amend or alter the Terms by posting on the Site such revised Terms or a reference to the web site where such revised Terms may be reviewed. Use of the Site after such posting of any modifications or additions shall constitute Your acceptance of the new Terms as indicated above. We therefore suggest that You review the Terms periodically for any changes or modifications.

2. Limited Authorization to Use Protected Material
Mortrex grants You permission to display, download, and reproduce information posted on the Site (“Information”) subject to Your agreement to abide by the following conditions: You may display, download, and reproduce the Information solely for Your personal, non-commercial purposes or Your internal business purposes. You must retain and reproduce each copyright notice or other proprietary rights notice contained in any of the Information You display, download, or reproduce. With the exception of the foregoing limited authorization, You are not granted any license to or right in the Information on the Site, nor may You modify, transmit, reproduce, distribute, publish, transfer, sell or otherwise use any Information obtained from or through the Site.

The Site contains or references trademarks, copyrights, patents, trade secrets, logos or other proprietary rights of Mortrex (“Intellectual Property”). The Information and Intellectual Property on the Site are the exclusive property of Mortrex. Removing or altering any copyright or other legal notice included with Information on the Site is prohibited. Mortrex also owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination and arrangements of the Site’s content. Except as otherwise expressly stated herein, You are not granted any license to use, or right in, any Intellectual Property on the Site. Non-compliance relating to displaying, downloading and reproduction of the Information, and the use of the Intellectual Property displayed or otherwise made available on the Site, constitutes a material breach of the Terms and immediate forfeiture of the above limited authorization.

Images of people or places displayed on the Site are either the property of, or used with permission by, Mortrex. The use of these images by You, or anyone else authorized by You, is prohibited unless specifically permitted by the Terms or by specific permission provided elsewhere on the Site or in a separate writing signed by an authorized officer of Mortrex. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and potentially other statutes and regulations. Descriptions of, or references to, products, services, or publications within the Site does not imply endorsement of that product, service, or publication. Mortrex makes no warranty of any kind with respect to the subject matter included herein, the products listed herein, or the completeness or accuracy of the information. The Site could include technical inaccuracies or typographical errors.
The Site may also contain or reference the intellectual property of third parties. No license or permission is granted herein with respect to any of this information.

3. Accuracy; Limitation of Liability and Exclusion of Warranties
Mortrex makes commercially reasonable efforts to ensure that all information contained on the Site is accurate and up to date. Nevertheless, Your use and browsing of the Site is exclusively at Your own risk and the Site is provided to You AS-IS WITHOUT WARRANTY OF ANY KIND. MORTREX MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THE SITE AND THE MATERIALS CONTAINED HEREIN. MORTREX EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY OR QUALITY AND ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ASSUMES NO LIABILITY FOR ANY ERRORS AND/OR OMISSIONS IN THE INFORMATION CONTAINED IN THE SIT.

MORTREX ALSO EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS YOU ACCESS OR BROWSE THE SITE OR DOWNLOAD MATERIAL FROM THE SITE.

UNDER NO CIRCUMSTANCES SHALL MORTREX, ITS SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) RESULTING FROM ITS PERFORMANCE OR ANY FAILURE TO PERFORM UNDER THE TERMS EVEN IF MORTREX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4. Non-Proprietary and Non-Confidential Treatment of Information
Mortrex reserves the right to treat any communication You make with Mortrex via the Site as non-proprietary and not confidential. Mortrex is free to use any idea, concept, or invention created by You and transmitted to it via the Site notwithstanding any limiting language You may use when transmitting such information. If You do not want Mortrex to use Your idea unless it pays You a fee, or agrees to other terms, do not transmit it to Mortrex via the Site.

5. Privacy
Mortrex takes Your privacy seriously. Your use of the Site constitutes the acceptance of Mortrex’s Privacy Policy, which is incorporated by reference into the Terms. Please read our privacy policy, which explains how we handle personal data collected by Mortrex, if any, via the Site. Note that any third party Web sites linked to the Site, including, without limitation, those of third party vendors that provide services to Mortrex for support of its clients (“Vendors”) have their own privacy policies, which may or may not differ from Mortrex’s privacy policy. You are responsible for reviewing the privacy policies of these Web sites to determine if these privacy policies are acceptable to You. Mortrex reserves the right to change its privacy policy without prior notice. You are responsible for periodically reviewing our privacy policy. Your continued use of the Site will be deemed an acceptance of the privacy policy then in effect.

6. Links to Third Party Sites
The Site may contain links to other Web sites or frame information from other Web sites that are not under the control of Mortrex, including those sites of Vendors. Mortrex is providing these links and/or frames to You only as a convenience. MORTREX MAKES NO ENDORSEMENTS, WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER REGARDING THOSE WEB SITES, INCLUDING THE PRODUCTS, SOFTWARE, MATERIALS, SERVICES, CONTENT OR ACCURACY OR APPROPRIATENESS OF CONTENT ON SUCH LINKED WEB SITES. YOUR DECISION TO ACCESS ANY SUCH OTHER WEB SITES SHALL BE ENTIRELY AT YOUR OWN RISK AND DISCRETION. IN PARTICULAR, PLEASE NOTE THAT THE POLICIES OF OTHER WEB SITES LINKED TO THE SITE MAY BE MATERIALLY DIFFERENT THAN THE TERMS, ESPECIALLY WITH RESPECT TO THE USE AND COLLECTION OF PERSONAL INFORMATION AND WITH RESPECT TO THE USE OF PROPRIETARY INFORMATION POSTED ON THAT WEB SITE. No permission is hereby granted to You to link from any other Web site to any portion of the Site, or to frame any content contained on the Site without Mortrex’s prior written permission.

7. Intended Audience; Local Laws; Dispute Resolution
The Site and the services described on the Site are intended for adult individuals only. Mortrex does not target children under the age of 18 and does not seek to collect any personally identifiable information about children under the age of 18. We encourage and support the efforts of parents and legal guardians of children to monitor their children’s internet usage and to caution them against providing personally identifiable information to any Web site over the Internet without permission.
The Site (excluding any linked Web site) is controlled by Mortrex from its offices within the State of New Jersey, United States. By accessing the Site, You agree that all matters relating to access to, or use of, the Site or any other linked Web site, shall be governed by the laws (both substantive and procedural) of the State of New Jersey and the laws of the United States of America, without regard to the conflicts of laws principles. You also agree, and by using the Site hereby submit, to the exclusive personal jurisdiction and venue of the courts of the State of New Jersey relating to any dispute arising out of Your use of the Site. You also agree that if Mortrex is the prevailing party in any legal action that you commence, Mortrex shall be entitled to its reasonable costs and attorneys’ fees incurred in connection with such action.

Your use of the Site is void where prohibited by laws in jurisdictions to which You are otherwise subject, and You agree that You shall not visit or use the Site in any such circumstances. You agree and acknowledge that Your use of the Site, and all transactions occurring in connection with the Site, shall be deemed to have occurred and taken place solely in the State of New Jersey, United States of America.

8. Statute of Limitations
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 Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

9. Miscellaneous
If you discover a link on the Site that is not active or other information that You believe is out-of-date, we invite you to submit this information to us at info@Mortrex.com.

If Mortrex, in its sole discretion, determines that a violation of the Terms has occurred, Mortrex may pursue any of its legal remedies. However, the failure of Mortrex to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

In the event that any provision of the Terms is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms contain the entire agreement between us relating to the subject matter hereof, and supersede any prior understanding or agreements regarding the subject matter.

The section titles in the Terms are for convenience only and have no legal or contractual effect.
Mortrex is committed to providing the best possible experience for users of the Site. If You observe material or behavior that may violate one of the Terms, including without limitation material that You believe may be infringing another’s rights, please contact us at info@Mortrex.com.

Privacy Policy

Copyright 2008 Mortrex LLC
This Privacy Policy explains what information Mortrex LLC (“Mortrex” or “we”, “us”, or “our”) collects on this web site (this “Site”), how we use your information and the choices you have about the way your information is collected and used.  Please read this Privacy Policy carefully. Your use of this Site indicates that you have read and accepted our privacy practices, as outlined in this Privacy Policy. In addition, please review our Terms of Use governs your use of this Site.  This Privacy Policy, like the online medium itself, is subject to change, so visitors are encouraged to review this Privacy Policy from time to time. Mortrex reserves the right to alter, modify, update, add to, subtract from or otherwise change this Privacy Policy at any time for any reason or no reason at all. We will post any changes here, and any changes will become effective immediately upon being posted unless we tell you otherwise.

Notice to California Residents / Your California Privacy Rights: 
California residents are entitled once a year to request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes during the immediately prior calendar year (e.g. requests made in 2009 will receive information about 2008 sharing activities). As set forth in this Privacy Policy, we comply with this law by offering our visitors the ability to tell us not to share your personally identifiable information with third parties for their direct marketing purposes. To make such a request, please send an e-mail to info@Mortrex.com.  You must include this Site as the subject line, and your full name, e-mail address, and postal address in your message.  Please see the “Your Choices” section of this Privacy Policy for additional information.
INFORMATION COMPANY COLLECTS

Personally Identifiable Information:
Personally identifiable information (“PII”) is information that identifies you or could reasonably be used to identify you personally (such as your real name, address, phone number, or e-mail address).  We collect PII when you voluntarily supply it. You may voluntarily supply us with your PII when you register with us, or at other times, such as if you choose to purchase a product from us, or in some other way voluntarily supply your PII.
Providing us with information about yourself is voluntary, and you can always choose not to provide certain information, but then you may not be able to take advantage of or participate in many of this Site’s features.

If you submit to Mortrex a comment, photograph or other content to be published by Mortrex (either online or offline), we may publish your name or other PII in connection with publishing the content.

We may combine the information about you that we collect at this Site with information available to us from other sources. For example, you may provide PII to us or our co-promoters or sponsors may provide us with information, including PII, about users that choose to participate in a promotional opportunity the co-promoter or sponsor is offering in connection with Mortrex.

Non-Personally Identifiable Information:
When your computer contacts our web servers (for example, when you visit this Site, view an HTML e-mail, or download an interactive desktop from this Site), our web servers automatically collect web site usage information. Web site usage information is non-identifying information that describes how our visitors use and navigate this Site. It can include the number and frequency of visitors to each web page and the length of their stays, browser type, referrer data that identifies the web page visited prior and subsequent to visiting this Site, and IP addresses (see below for more information on IP addresses). We also may determine the applicable technology available in order to serve you the most appropriate version of a web page, e-mail or similar service.

Use of Cookies:
Like most web sites, this Site may sometimes makes use of browser “cookies”. Cookies are pieces of information that a web site either transfers to your computer’s hard drive or stores temporarily in your computer’s memory for record-keeping purposes. We do not collect or save PII in cookies. We may use cookies for a number of purposes, for example, to track usage patterns on this Site or to analyze web activity. Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you decline to accept Mortrex cookies, you may not be able to take advantage of or participate in certain features of this Site.

Use of Javascript
This Site may employ Google Analytics which uses a first-party cookie and JavaScript code that is stored on Google’s server to anonymously track how users interact with this Sites, including where they came from and what they did on this Sites.  Mortrex does not link the information collected by Google Analytics to the PII you provide when registering with this Site.

Use Of IP Addresses:
An IP address is a number that is assigned to your computer or network when you are on the Internet. When you request pages from this Site, our servers log your IP address. Mortrex may use IP address for a number of purposes, such as system administration, to report aggregate information to our business partners or to audit the use of this Site.  We may associate your IP address with the PII you provide.

Children Under Thirteen (13) Years Of Age:
Mortrex does not knowingly collect any PII from children under thirteen (13) years of age unless the collection complies with the Children’s Online Privacy Protection Act (“COPPA”). If you are under thirteen (13) years of age, do not send any information about yourself to Mortrex. If Mortrex discovers that a child under the age of 13 has provided Mortrex with PII, Mortrex will use commercially reasonable efforts to delete that child’s PII from its system.
COMPANY’S USE AND DISCLOSURE OF COLLECTED INFORMATION

Use by Mortrex:
Mortrex may use your PII to provide you with requested information, services or content, or for other purposes disclosed when you provide the information. We may also contact you from time to time on behalf of one of our affiliated companies or an external business partner with information that may be of interest to you.

We may also contact you regarding any problems or questions we have relating to your use of this Site, or, in our discretion, notify you of changes to our Privacy Policy, Terms of Use or other policy or terms that affect you and your use of this Site. Mortrex may also use information about our users, including PII, for internal purposes.

Sharing User Information and Disclosure to Third Parties:
Unless otherwise disclosed in this Privacy Policy, Mortrex does not share your PII with third parties for their direct marketing purposes unless you first affirmatively agree to the disclosure. If you elect to receive communications from a third party, your information will be subject to the third party’s privacy policy and not this privacy policy. Therefore, if you later decide that you do not want that third party to use your information, you will need to contact the third party directly.  In addition, Mortrex may share your PII with third parties under the following circumstances:

Third parties providing services on our behalf.
Mortrex may employ other companies and individuals to perform functions on its behalf. Examples include, without limitation, hosting this Site, sending communications on our behalf, analyzing data, providing marketing assistance, serving ads and providing customer service. These third parties may have access to this Site’s user information, including PII, to the extent it is needed to perform their duties and functions.

Mortrex’s Security.
Mortrex may disclose information about its users, including PII, when legally required to do so, at the request of governmental authorities conducting an investigation, or to verify or enforce compliance with the policies governing this Site and applicable laws. Mortrex may also disclose such user information whenever we believe disclosure is necessary to limit our legal liability or to protect or enforce the rights, interests, or safety of this Site, our users or others.

Corporate change.
Mortrex reserves the right to disclose, share and/or otherwise transfer user information, including without limitation PII, in connection with a corporate merger, acquisition, consolidation, the sale of substantially all of its assets, or other fundamental corporate change, whatever form it may take.

Aggregate information.
Mortrex may disclose non-identifying, aggregated user statistics to third parties for a variety of purposes, including describing Mortrex’s services to prospective partners and other third parties

YOUR CHOICES/UNSUBSCRIBE
To unsubscribe from receiving promotional material from this Site, email us at info@mortrex.com or follow the instructions provided at the end of an e-mail message. Please be aware that we will process your request as quickly as we reasonably can, but it may not be possible to update our systems immediately. In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.

SECURITY
Mortrex strives to ensure the security of your PII on our systems, including limiting access to the PII contained on our servers. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Mortrex cannot ensure or warrant the security of any information you transmit to Mortrex and you do so at your own risk.

LINKS
Please be aware that when you are navigating this Site or viewing an e-mail or other content provided by Mortrex, you may have the opportunity to click on links that take you outside Mortrex’s service to other web sites or online content that are beyond Mortrex’s control. For example, you may encounter links from sponsors or partners which may include Mortrex’s logo as part of a co-branding arrangement. If you “click” on the link to such a third party, the “click” takes you to a third party’s web site or online content.  Mortrex has no control over and is not responsible for the content of any third party sites to which you link. In addition, these other web sites have their own information collection and privacy protection practices that may differ from Mortrex’s, and we encourage you to review the privacy practices of any other web site you visit.

COLLECTION IN AND TRANSFER TO THE UNITED STATES
This Site is operated in the United States. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that any information you provide to us will be collected in or transferred to the United States. By using this Site, participating in any of our services and/or providing us with your information, you consent to this transfer.