Use Policy and Agreement

Please note: You have already accepted these Terms and Conditions. Your acceptance was made prior to your initial visit to the WorkItOut.com Site.

Unless otherwise noted, the Materials and any intellectual property and other rights relating thereto are and will remain the property of WorkItOut.com and its licensors and suppliers. The Materials and the selection, compilation, collection, arrangement and assembly thereof are protected by U.S. and international copyright, trademark and other laws, and You acknowledge that these rights are valid and enforceable. The Materials may be used solely to the extent necessary for Your authorized use of the Site, as provided in the Rules or as expressly authorized in writing by WorkItOut.com or, if so indicated in writing by WorkItOut.com, its licensors or suppliers.

The trademarks, logos, and service marks displayed on the Site (collectively the "Trademarks") are the registered and unregistered trademarks of WorkItOut.com, WorkItOut.com's licensors and suppliers, and others. The Trademarks owned by WorkItOut.com, whether registered or unregistered, may not be used in connection with any product or service that is not WorkItOut.com's, in any manner that is likely to cause confusion with customers, or in any manner that disparages WorkItOut.com. Nothing contained on the Site or within the Materials should be construed as granting by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of WorkItOut.com, WorkItOut.com's licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks or any other Material is prohibited, and WorkItOut.com will aggressively enforce its intellectual property rights in such Trademarks and Material, including via civil and criminal proceedings.

Confidentiality of Materials

The Site includes Materials that are confidential to WorkItOut.com and its licensors and suppliers. You should assume that the Materials are confidential and proprietary unless otherwise indicated on the Site or apparent from the nature of such Materials (for example, publicly available forms or documents). You agree to maintain such Materials in confidence, to use such Materials only as provided hereunder, and not to disclose such Materials to third parties. This obligation will not apply to Materials that WorkItOut.com has made generally available to the public.

Information Gathered From You By WorkItOut.com

All uses of any information collected by WorkItOut.com through the Site are subject to the terms of WorkItOut.com Privacy Policy.

Non-Personally Identifiable Information

WorkItOut.com collects and aggregates information indicating, among other things, the WorkItOut.com courses or lessons in which visitors to the Site enroll, whether or not visitors to the Site complete the courses or lessons in which they enroll and the degree of successful completion of the courses or lessons, the places visited at the WorkItOut.com web site and the interactions with various people and material. The information WorkItOut.com collects helps WorkItOut.com identify the most popular areas of the Site, determine the effectiveness of the WorkItOut.com program and build higher quality, more useful online services. WorkItOut.com uses this to perform statistical analyses of the collective characteristics and behavior of visitors to the Site. WorkItOut.com may disclose some of this statistical information to others involved in the mortgage banking industry to inform them of the number of people who have participated in the WorkItOut.com program and to provide statistical data on the success of the WorkItOut.com program in achieving its goal of providing mortgage borrowers with information on loss mitigation alternatives.

Personally identifiable information

In certain areas of the Site - for example, when registering to enroll in a course - WorkItOut.com requests that You provide WorkItOut.com with personally identifiable information. Specifically, if You seek to obtain recognition from Your WorkItOut.com or completing a WorkItOut.com course, You must submit to WorkItOut.com certain information. This may include, without limitation, Your social security number, loan number, telephone number, street address and e-mail address. WorkItOut.com uses this information to process and report Your progress to various entities involved in the mortgage banking industry. WorkItOut.com will not provide this personally identifiable information to any third party other than those third party contractors responsible for the maintenance, care and support of this web site and the mortgage banking entities related to your loan. In addition, WorkItOut.com requires that You provide WorkItOut.com with an email address at which WorkItOut.com may contact You. WorkItOut.com uses this information solely to allow WorkItOut.com employees or agents, and those mortgage banking entities related to your loan, to contact You about your loan or to help you with the use of this web site.

Your Submissions

Other than as specifically precluded from release as stated above, any communication or material You send to the Site, electronically or otherwise, including but not limited to responses to lesson exercises and tests, data, questions, comments, suggestions or submissions (but excluding Your social security number) (collectively, "Submissions"), is and will be treated as non-confidential and non-proprietary. By making a Submission to WorkItOut.com on the Site, You agree to grant and hereby grant to WorkItOut.com and any party authorized by WorkItOut.com a non-exclusive, worldwide, perpetual, irrevocable, assignable and transferable license to reproduce, distribute, perform or display (publicly or otherwise), create derivative works from and otherwise use and exploit the Submissions (and to authorize others to do the same), in whole or in part and as may be edited or modified by WorkItOut.com or any party authorized by WorkItOut.com, for any purpose whatsoever, commercial or otherwise, in any form or media now existing or hereafter devised, without obligation of any kind. You also agree not to make any Submissions that violate or infringe in any way upon the rights of others (including, without limitation, any copyright, trademark or other intellectual property right) or that are otherwise unlawful. You will be solely liable for (and will indemnify and hold harmless WorkItOut.com and any party authorized by WorkItOut.com from) any damages arising from and relating to the Submissions or the use thereof, in whole or in part, by WorkItOut.com or any party authorized by WorkItOut.com.

Information Provided By WorkItOut.com to You

Although WorkItOut.com strives to provide Materials that are both useful and accurate, laws, regulations, data and other information change frequently and are subject to varying interpretations. In addition, the facts and circumstances of every situation differ. Accordingly, the Materials may not be up-to-date, accurate or complete. In particular, the Materials may not reflect current legal developments, nor will they necessarily reflect the rules applicable to each jurisdiction or factual circumstance. WorkItOut.com does not make any representations or warranties with respect to the sufficiency, adequacy, accuracy, currency or reliability of the Materials and will not be liable for any lack of the foregoing.

Links

The Site contains links to other Internet web sites, including affiliated web sites which may or may not be owned or operated by WorkItOut.com. WorkItOut.com has not reviewed all of the web sites which are linked to the Site, and WorkItOut.com has no control over such sites. Unless otherwise explicitly stated, WorkItOut.com is not responsible for the content of such web sites, any updates or changes to such sites, or the privacy or other practices of such sites, and the fact that WorkItOut.com offers such links does not indicate any approval or endorsement of any material contained on any linked site. WorkItOut.com is providing these links to You only as a convenience. Accordingly, we strongly encourage You to become familiar with the terms of use and practices of any linked site. Further, it is up to You to take precautions to ensure that whatever links You select or software You download (whether from the Site or other sites) is free of such items as viruses, worms, trojan horses, defects, date bombs, time bombs and other items of a destructive nature.

No Financial, Credit-Related or Other Professional Advice

WorkItOut.com hopes and believes that the Materials will be helpful as an educational tool and for background reference, but they should not be construed as financial, legal, accounting or other professional advice on any subject matter. WorkItOut.com has endeavored to comply with legal and ethical requirements known to the WorkItOut.com personnel who compiled this Site, but WorkItOut.com is not engaged in rendering financial, legal, accounting or other professional services, and availability or use of the Materials is not intended to create, and does not create, any fiduciary, attorney-client, accounting-client or other professional services relationship. Specifically, WorkItOut.com is not and does not hold itself out to be a collection agency, a credit reporting agency, a budget counseling agency or a consumer credit counseling agency. Use of the Materials is not an adequate substitute for obtaining financial, legal, accounting or other professional advice from a professional licensed in Your jurisdiction. You agree You will not act or refrain from acting based on any of the Materials without first seeking the services of a competent professional.

No Forbearance and/or Delay of Foreclosure or other Action

WorkItOut.com hopes and believes that the Materials contained on this Site will be helpful to You and that the information will assist in the resolution of the default under Your mortgage loan. However, Your use of this Site and/or the completion of the material on this Site, will not cause any type of delay, in any way, of the foreclosure process. Despite Your use of this Site, the mortgage entity responsible for your mortgage loan will proceed with its processes in the same manner as if you made no use of this site and nothing contained in the Site shall be construed as any agreement for the delay and/or extension of the foreclosure process, or the delay and/or extension any other process being pursued by any mortgage banking entity.

No Warranties

Neither WorkItOut.com nor any of its licensors or suppliers makes any representations or warranties, either express or implied, of any kind with respect to the Site, the Materials, any linked web site or any other content or information available on or through the Site. All Materials, links and other content and information available on or through the Site are provided "AS IS" with no warranty. You agree that use of the Site and/or all Materials, links and other content and information available on or through the Site is at Your sole risk. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WorkItOut.com AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE MATERIALS, ANY LINKED WEB SITE OR ANY OTHER CONTENT OR INFORMATION AVAILABLE ON OR THROUGH THE SITE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Limitation on Liability

To the fullest extent permissible under applicable law, neither WorkItOut.com nor any of its licensors or suppliers, nor its or their directors, officers, employees, consultants, agents or other representatives ("Service Providers") will be liable for any damage, loss or expense of any kind arising from or relating to Your access to or use of the Site, the Materials, any linked web site or any other content or information available on or through the Site, regardless of whether such liability is based in tort, contract, or otherwise. In no event will WorkItOut.com, any of its licensors or suppliers, or any of its or their Service Providers be liable to any party for any indirect, special or consequential damages arising from or relating to use of or access to the Site, the Materials, any linked web site or any other content or information available on or through the Site, including, without limitation, any damages for loss of profits, business interruption, loss of programs or other data, loss of goodwill, work stoppage, computer failure or malfunction or otherwise, even if WorkItOut.com or any of its licensors or suppliers is expressly advised of the possibility of such damages.

Miscellaneous

No Agency. These Rules will not be construed as creating an agency, partnership, joint venture or any other form of association between the parties; and the parties will at all times be and remain independent contractors. Except as expressly agreed by the parties in writing, neither party will have any right or authority, express or implied, to assume or create any obligation of any kind, or to make any representation or warranty, on behalf of the other party or to bind the other party in any respect whatsoever.

Notices. Except as explicitly stated otherwise, any notices to WorkItOut.com will be given by email to notices@WorkItOut.com or such other address as WorkItOut.com specifies. Any notices to You shall be to the email address You provide to WorkItOut.com during the registration process or the most current email address on file for You with WorkItOut.com. Notice will be deemed given twenty-four (24) hours after an email is sent, unless the sending party is notified that the email address is invalid or the email is undeliverable. Alternatively, WorkItOut.com may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to WorkItOut.com during the registration process. In such case, notice will be deemed given three (3) days after the date of mailing.

Export Administration. You agree to comply fully with all relevant export laws and regulations, including but not limited to the laws and regulations of the United States and other countries ("Export Laws"), to assure that neither the Materials nor any direct product thereof are (1) exported, directly or indirectly, in violation of Export Laws; or (2) are used for any purposes prohibited by the Export Laws.

Governing Law. These Rules and the relationship between You and WorkItOut.com, including, without limitation, Your use of or access to the Site, the Materials, any linked web site or any other content or information available on or through the Site, are to be construed in accordance with and governed by the internal laws of the State of California without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of California to the rights and duties of the parties. Each party hereby submits to the exclusive jurisdiction of the state and federal courts in Orange County, California, and waives any jurisdictional, venue or inconvenient forum objections to such courts.

Severability. In the event that any provision of these Rules (or any portion hereof) is determined by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, such provision (or part thereof) will be enforced to the fullest extent possible consistent with the purpose of such provision (or part thereof), or, if incapable of such enforcement, will be deemed to be severed and deleted from these Rules, while the remainder of the Rules will continue in full force and remain in effect according to its stated terms and conditions.

No Waiver. No failure or delay by either party in exercising any right, power or remedy under these Rules will operate as a waiver of any such right, power or remedy. No waiver of any provision of these Rules will be effective unless in writing and signed by the party against whom such waiver is sought to be enforced.

Disclosures. The Site is operated by WorkItOut.com and all access to and use of the Site, the Materials or any other content or information available on or through the Site shall be deemed to occur in Costa Mesa, California. This Site is not operated by the various mortgage banking entities related to the borrower. The terms of any agreement between a WorkItOut.com and the mortgage banking entity related to the borrower will have no effect on or relation to these Rules.

Entire Agreement. These Rules constitute the complete agreement between the parties and supersede all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter of these Rules. Any amendments to these Rules by WorkItOut.com will be effective when posted on the Site for seven (7) days. Nothing in these Rules will limit or supersede any of WorkItOut.com's By-Laws or Operating Regulations (collectively the "Regulations"), all of which continue to govern the relationship between WorkItOut.com and the mortgage banking entities that contract with WorkItOut.com. In the event of any apparent conflict between the terms of these Rules and the Regulations, the Regulations will govern.

If You have any questions, comments, criticisms, or complaints about WorkItOut.com or this Site, please email WorkItOut.com at notices@WorkItOut.com.

BY CLICKING ON THE "YES" BUTTON , YOU ACKNOWLEDGED THAT (1) YOU HAD READ AND REVIEWED THESE RULES IN THEIR ENTIRETY, INCLUDING ANY RELATED THIRD-PARTY SOFTWARE LICENSE AGREEMENTS, (2) YOU AGREED TO THESE RULES, (3) YOU AGREED THAT YOU HAD THE POWER, AUTHORITY AND LEGAL RIGHT TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOU AND, BY SO CLICKING, THESE RULES CONSTITUTED BINDING AND ENFORCEABLE OBLIGATIONS OF YOU.