Updated: February 7, 2022
You are solely responsible and liable for your use of this website and for obtaining or maintaining, all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary in connection with your access or use of the App.
From time to time, in connection with maintenance, malfunctions or failures of software, equipment, or telecommunications devices or services, unusual transaction volume, or other miscellaneous reasons, the App may be unavailable for use. We minimize the periods of time during which the App is unavailable but You agree, to the full extent permitted by law, that neither we nor our Lenders are responsible for any loss, damages, costs, or expenses which you may suffer or incur, directly or indirectly, as a result of the App’s unavailability, regardless of whether any such loss, damage, costs or expenses were incurred in connection with our, or their, acts or omissions.
We may at any time, with or without cause, and without prior notice deny You access to the App or terminate these Terms; provided any applications submitted prior to any such action on our part will continue to be evaluated, and any existing transactions You have entered into with us or our Lenders shall remain in effect in accordance with their terms.
You may not access or use the App if you reside in a jurisdiction or country where such access or use would be contrary to applicable laws or regulations. You are responsible for compliance with all local laws.
YOU UNDERSTAND AND AGREE THAT YOU ARE ACCESSING AND USING THE APP BECAUSE WE HAVE MADE ITS FEATURES AND SERVICES (“BETA SERVICES”) AVAILABLE WHILE WE ARE STILL TESTING AND DEVELOPING THE APP. YOU ACKNOWLEDGE THAT THESE BETA SERVICES MIGHT NOT FUNCTION AS INTENDED AND AGREE THAT BY USING THEM YOU ACCEPT THE RISKS OF USING PRE-RELEASE TECHNOLOGIES, INCLUDING BUT NOT LIMITED TO THE RISK THAT WE INCORRECTLY COMMUNICATE YOUR ELIGIBILITY FOR PARTICULAR PRODUCTS AND SERVICES, WHICH IS ULTIMATELY DETERMINED BY OUR LENDERS.
YOUR ACCESS AND USE OF THE BETA SERVICES IS SUBJECT TO STRICT CONFIDENTIALITY. YOU HEREBY AGREE AND ACKNOWLEDGE THAT YOU WILL NOT DISCLOSE THE CONTENTS OF OR YOUR USE OR ACCESS TO THE APP TO ANY THIRD PARTY EXCEPT EXCEPT WITH OUR PRIOR WRITTEN CONSENT. ADDITIONALLY YOU HEREBY AGREE AND ACKNOWLEDGE THAT YOU WILL NOT AT ANY TIME, DIRECTLY OR INDIRECTLY, MAKE, PUBLISH OR COMMUNICATE TO ANY PERSON OR IN ANY PUBLIC FORUM ANY DEFAMATORY OR DISPARAGING REMARKS, COMMENTS, OR STATEMENTS CONCERNING US OR ANY OF OUR EMPLOYEES, OFFICERS, SHAREHOLDERS, MEMBERS OR ADVISORS, OR ANY MEMBER OF THE BOARD OR THE BETA SERVICES. THIS SECTION DOES NOT, IN ANY WAY, RESTRICT OR IMPEDE YOU FROM EXERCISING PROTECTED RIGHTS TO THE EXTENT THAT SUCH RIGHTS CANNOT BE WAIVED BY AGREEMENT OR FROM COMPLYING WITH ANY APPLICABLE LAW OR REGULATION OR A VALID ORDER OF A COURT OF COMPETENT JURISDICTION OR AN AUTHORIZED GOVERNMENT AGENCY, PROVIDED THAT SUCH COMPLIANCE DOES NOT EXCEED THAT REQUIRED BY THE LAW, REGULATION, OR ORDER.
The App provides general information about our and/or our lenders’ products and services, which are subject to discontinuance, change and updates at any time. Information posted with a date is accurate only as of the posted date. Our App is primarily intended for use within the United States and provision of information or services via the App is not intended to solicit business from any person with whom we are prohibited by law or regulation from doing business.
ANY USE OF THE APP OTHER THAN IN CONNECTION WITH AN INDIVIDUAL’S INTEREST IN THE MORTGAGE PRODUCTS AND SERVICES MADE AVAILABLE HEREIN IS PROHIBITED. YOUR ELIGIBILITY FOR PARTICULAR PRODUCTS AND SERVICES IS SUBJECT TO OUR AND/OR OUR LENDERS’ FINAL DETERMINATION, RESTRICTIONS, AND ACCEPTANCE.
THE APP, INCLUDING THE CONTENTS HEREIN AND ACCESS HERETO, IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE APP IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
The App may contain links to third-party websites that we do not own or control, but which are being provided for your convenience or in connection with the provision of services. If, as part of your use of the App, you visit a link to another website or we use a third-party service provider, you do so at your own risk, subject to the terms and conditions established by the operator of that website or third-party service provider. Our provision of third-party links or use of third-party service providers should not be considered an endorsement or sponsorship of any such third-party.
The App’s content, including but not limited to all music, images, icons, text, software, logos, expressions, and ideas, is copyrighted and protected by U.S. and international copyright, patent and trademark laws. You may not post on or transmit to or from the App any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, immoral, or profane material, intellectual property infringing or any other content that could give rise to any civil or criminal liability under the law.
You may print a copy of the information contained on the App only in connection with your use of the App.
By accessing and using the App, you give us permission to transfer your personal information to our lenders for purposes of determining your eligibility for particular products and services.
UNDER NO CIRCUMSTANCES SHALL WE OR OUR LENDERS BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY ARISE IN CONNECTION WITH THE APP, OR FROM YOUR USE OF, OR INABILITY TO USE, THE APP OR ANY INFORMATION PROVIDED ON THE APP; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; OR DISCLOSURE OF INFORMATION; EVEN IF WE AND/OR OUR LENDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
NEITHER WE NOR OUR LENDERS ASSUME ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY VIRUSES THAT MAY INFECT OR DAMAGE YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING OF THE APP OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE APP.
You agree to indemnify and hold us and/or our lenders harmless from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys’ fees and costs, incurred by us in connection with any claim by a third party (including any intellectual property claim) arising out of your use of the App in violation of these Terms or any applicable law. You further agree that you will cooperate fully in the defense of any such claims. We and our lenders reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without our written consent.
These Terms will be governed by the laws of the United States and the State of Florida without giving effect to any conflict of laws to the contrary.
No failure, omission, or delay on our part to exercise any right under these Terms will be deemed a waiver of such right or any other right hereunder.
If any portion of these Terms change due to applicable law or are declared invalid by order of a court, the remaining portions will remain in full force and effect, and these Terms will be interpreted as if the invalid terms had not been placed in these Terms. The headings in these Terms are intended only to help organize these Terms and do not form part hereof. We will notify you electronically, where required by law, of any change to these Terms. Nevertheless, You should review these Terms periodically for any changes.
Last Updated: February 7, 2022