Terms of Services

(General)

About Us

Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS AND CONDITIONS POSTED TO THIS WEBSITE FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS WEBSITE.

Unauthorized use of our Websites and systems, including but not limited to unauthorized entry into our systems, misuse of passwords, or misuse of any information posted to a site, is strictly prohibited.

You acknowledge that McKinley Mortgage may disclose and transfer any information that you provide through this Website to (i) any of our affiliates agents or information providers; (ii) to any other person or entity with your consent; or (iii) if we have a right or duty to disclose or are permitted or compelled to so disclose such information by law. You consent to the transmission, transfer or processing of such information to, or through, any country in the world, as we deem necessary or appropriate (including to countries outside the EEA), and by using this Website, including any patterns or characteristics concerning your interaction with it, may be monitored, tracked and recorded. Anyone using this Website expressly consents to such monitoring, tracking and recording.

Copyright Notices

The works of authorship contained in this Website (the “Website”), including but not limited to all design, text, sound recordings and images, are owned, except as otherwise expressly stated by McKinley Mortgage, LLC or one of its subsidiaries or affiliates, (“McKinley”). Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without our prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of our proprietary rights, provided that you may download information and print out hard copies for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded.

Educational Materials

Our service contains content which is general in nature (for example information about our company and client testimonials), educational in nature (written materials, a blog and video presentation) and content designed to allow you to interact with the company (for example the Sell Notes and Buy Notes tabs).

All educational materials, whether expressed in writing, in our blog or in various videos on the service are educational in nature only, designed to discuss generally applicable principals of our business. You are not entitled and should not act in reliance on any material on the services. You are specifically advised to consult with an accountant, CPA, attorney or investment advisor regarding the application to your specific situation of any general principals discussed in the service, but in no event shall McKinley Mortgage, its affiliates, directors, officers or agents ever be liable, under contract, statute or common law for any action you take in reliance upon the service or information on the service.

We are under no obligation to update the service, remove or update any information on the service or contact any person viewing or using the service to remove information which may have become inaccurate.

Web Content and Materials

The information on this Website is for information purposes only. It is believed to be reliable, but we do not warrant its completeness, timeliness or accuracy. The information on the Website is not intended as an offer or solicitation for the purchase of stock, any other security or any financial instrument.

The information and materials contained in this Website and the terms and conditions of the access to and use of such information and materials are subject to change without notice. Products and services described may differ among geographic locations. Not all products and services are offered at all locations.

You agree that (i) you will not engage in any activities related to the Website that are contrary to applicable law, regulation or the terms of any agreements you may have with us, and (ii) in circumstances where locations of the Website require identification for process, you will establish commercially reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals.

MCKINLEY MORTGAGE OR ITS SUPPLIERS MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS OR SERVICES DESCRIBED HEREIN AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORAMTION IS PUBLISHED AS OF ITS DATE ONLY, AND WE DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. WE RESERVCE THE RIGHT TO TERMINATE ANY OR ALL WEBSITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO A USER. FURTHERMORE, BY OFFERING THIS WEBSITE AND INFORMATION, NO DISTRIBUTION OR SOLICITATION IS MADE BY US TO ANY PERSON TO USE THE WEBSITE OR SUCH INFORMATION, PRODUCTS OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF THE WEBSITE AND SUCH INFORMATION, PRODUCTS OR SERVICES IS PROHIBITED BY LAW.

Potential Disruption of Service

Access to the Website may from time to time be unavailable, delayed, limited or slowed due to, among other things:

  • Hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment

  • Software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content

  • Overload of system capacities

  • Damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters

  • Interruption (whether partial or total) of power supplies or other utility of service

  • Strike or other stoppage (whether partial or total) of labor

  • Governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention

  • Any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of McKinley Mortgage

Other Terms & Conditions

If you utilize the “Buy Notes” or “Sell Notes” pages of this Website, there are additions to these Terms of Service. Those additional terms supplement (and do not replace) these Terms of Service.

Links to Other Sites

Links to other Websites may be provided solely as pointers to information on topics that may be useful to the Websites, and we have no control over the content on such non-McKinley Websites. If you choose to link to a Website not controlled by McKinley, McKinley 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 do we 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. We do not guarantee the authenticity of documents on the Internet. Links to non-McKinley sites do not imply any endorsement of or responsibility for the opinions, products or information offered on such sites.

LIMITATION OF LIABILITY

BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE WEBSITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE) IS PROVIDED “AS IS” “AS AVAILABLE”. MCKINLEY MORTGAGE AND THIRD PARTY DATA PROVIDERS ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE. MCKINLEY MORTGAGE AND THIRD PARTY DATA PROVIDERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OR MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, MCKINLEY MORTGAGE WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, OR FOR THE INCOMPATABILITY BETWEEN THIS WEBSITE AND FILES AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL MCKINLEY MORTGAGE BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND MCKINLEY MORTGAGES’S CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.

MCKINLEY MORTGAGE AND THIRD PARTY DATA PROVIDERS DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION. FURTHERMORE, MCKINLEY MORTGAGE AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN WEBSITE, ANY INCOMPATABILITY BETWEEN THE WEBSITE AND THE USER’S FILES AND THE USERS’ BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND MCKINLEY MORTGAGE AND ITS AFFILIATES’ CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING MCKINLEY MORTGAGE’S RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.

UNDER NO CIRCUMSTANCES WILL MCKINLEY MORTGAGE BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER MCKINLEY MORTGAGE HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGADLESS OF THE FORM OF ACTION.

Enforceability and Governing Law

In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms and Conditions shall be subject to any other agreements you have entered into with McKinley Mortgage. The user’s access to and use of the Website, and the terms of this disclaimer are governed by the laws of the State of Alaska.

 

 

Terms & Conditions

“Sell Notes”

By clicking on the “I agree” button at the bottom of this page you agree to the following:

  1. The purpose of this page is to provide an estimate of the value of your note and is not to be construed as an offer to purchase your note at the value or price which results. The value of your note is determined by many factors only some of which are used in the estimate we will provide you. Should you decide that you desire to sell your note to us or one of our affiliates, you will be contacted and asked to provide more detailed information about your note. If we determine to make an offer to purchase your note, that offer will be committed to you in writing via e-mail together with any terms and conditions we may impose.

  2. The results of the calculation are not and will not be construed by any court or other tribunal to be an “offer” to purchase.

  3. By submitting the information requested by this calculator, you represent to us:

  1. All information is true and correct in all material respects.

  2. You are the owner or authorized representative of the owner of the note.

  3. You have the ability to sell or transfer the note free of all other interest of other parties or liens.

By clicking on the “I agree” button below you agree to these supplemental terms and conditions.

 

 

Sale of Notes Terms of Service

The promissory notes (“Notes”) offered for sale are all the result of consumer financings and are secured by mortgages or deeds of trusts on homes. As result, the Notes are not “securities” within the meaning of the Securities Act of 1933, the Securities Exchange Act of 1934 or any other similar state securities regulation (collectively referred to as the “Securities Laws”) and are exempt from the Securities Laws. Any purchaser of the Notes will not be entitled to any of the protections afforded by the Securities Laws. No regulatory authority has passed upon or endorsed the merits of the Notes.  If you choose to purchase Notes, you should only do so after conducting such investigations as you deem appropriate to allow you to fully evaluate the risks associated with owning the Notes. No representations or warranties are made concerning the Notes including, but not limited to, any representations or warranties about subsequent repayment of the Notes, your ability to transfer the Notes in the future, the credit rating of any borrower in a Note, the value of any collateral securing the payment of a Note, or the value of the Notes.

The “Asset Class Definitions” are assigned by McKinley Mortgage based upon our individual criterion and do not represent a third-party credit rating.

All information provided with respect to the potential sale of Notes on this website is made available pursuant to the general terms of service associated with this website, to which general terms reference is made for all purposes.