1. HOW WE APPLY THESE TERMS OF USE

Your access to and use of any FHA Lenders.com website or mobile applications and any information, documents, tools, products, financial and banking services, third party services, accounts, and/or other material made available through the website, are subject to the Terms and Conditions of use set forth herein. For purposes of this Agreement, (i) the terms “Website” and “Websites” include the Apps; and (ii) “you” or “your” means the person accessing the Website and includes any persons that allow others to provide information about themselves to Company.

THIS AGREEMENT CONSTITUTES A BINDING AGREEMENT BETWEEN YOU AND FHA LENDERS.COM. BY CLICKING ON LINKS WITHIN THE WEBSITES OR WEBPAGES BEYOND THE WEBSITE’S HOMEPAGE, CLICKING ON A BOX OR ICON, OR COMPLETING A FORM ON THE WEBSITE, YOU ACCEPT OF AND AGREE WITH THESE TERMS WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH COMPANY AND WHETHER OR NOT YOU COMPLETE YOUR TRANSACTION ON THE WEBSITE OR THROUGH OTHER CHANNELS OR THIRD PARTIES, SUCH AS BY TELEPHONE, EMAIL, FACSIMILE OR OTHERWISE. IF YOU DO NOT AGREE WITH THE TERMS IN THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THE WEBSITES, ANY SERVICES AVAILABLE THROUGH THE WEBSITES, OR ANY INFORMATION CONTAINED ON THE WEBSITES.

MANDATORY ARBITRATION NOTICE AND CLASS ACTION AND JURY TRIAL WAIVER . This Agreement contains a mandatory (binding) arbitration provision and class action and jury trial waiver clauses. Except for certain types of disputes described in the arbitration section below or where prohibited by applicable law, you agree that disputes between you and us regarding your use of the Websites or Services will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration, including as a class representative. The arbitrator’s decision will be subject to very limited review by a court. You will be entitled to a fair hearing but the arbitration procedures are simpler and more limited than rules applicable in court. For more details, please see below.

THIS AGREEMENT ALSO CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY – These provisions form an essential basis of our bargain. In addition to this Agreement, your use of certain Services may be governed by additional terms and conditions. We can change, update, add, or remove provisions of this Agreement at any time by posting the updated Agreement on the Websites. We will make commercially reasonable efforts to notify you of any material changes to this Agreement, however, we are not obligated to. You waive any right you may have to receive specific notice of such changes to this Agreement except for changes to our agreement to arbitration, which is discussed more fully below. Your continued use of the Websites or Services offered in or through the Websites after we have updated this Agreement shall be deemed to constitute acceptance of the then-current Agreement.

2. INFORMATION HANDLING

You consent to Company collecting and sharing your information with 1) its partners to provide you with information about a mortgage loan, real estate and/or home-related products or services that may be of interest to you, and 2) third parties involved in your transaction, such as real estate agents. Information that is shared with Company’s partners may only be used by the partners to offer products and services on Company’s behalf. To learn more about how we use and protect the privacy of users of the Website, please view Company’s Privacy Policy, which is available here.

3. AVAILABILITY

You agree and understand that the Websites and Services may not be accessible or may have limited utility over some mobile and internet networks, and that there may be browser or other technical limitations specific to an individual mobile device or computer that will limit or prevent access to the website. We will use reasonable efforts to make the Websites and Services available for your use on a continuous basis. We do not guarantee functionality of the Websites and Services on all mobile devices or computers, on all communication networks, in all geographic regions, or at all times. The Websites and Services may also be temporarily unavailable for regular or emergency system maintenance. We reserve the right to schedule these maintenance periods at any time and without advance notice to you.

4. RESTRICTIONS ON USE

You may only use the Websites for the purposes expressly permitted in this Agreement. You agree that you will not use or attempt to use the Websites for any purpose other than conducting mortgage related business with us as our bona fide client, prospective client, business partner, or real estate agent.

You warrant and agree that you will not use the Websites for any purpose that is unlawful or prohibited by federal, state or local law. By accessing or using the Websites, you agree that:

  • your use of the Websites is subject to and governed by this Agreement;
  • you will only access or use the Websites and transact business with us if you are at least 18 years of age;
  • you reside in the United States;
  • you will use the Websites solely for the Services offered in the normal course of business;
  • you will always act in accordance with the law, custom, and in good faith;
  • you will comply with and be bound by this Agreement as it appears on the Websites each time you access and use the Websites;
  • each use of the Websites by you indicates and confirms your agreement to be bound by this Agreement; and
  • this Agreement is a legally binding agreement between you and us that will be enforceable against you.

7. INTELLECTUAL PROPERTY

Trademarks, service marks, logos, emblems, slogans, designs and copyrighted works appearing on the Websites are the property of Company or the party that provided them to Company. Company and those third parties retain all rights associated with any of the respective trademarks, service marks, logos, emblems, slogans, designs and copyrighted works appearing on the Websites.

All content, webpages, source code, calculations, products, materials, data, information, text, screens, photos, video, music and sound, functionality, services, design, layout, screen interfaces, design, functionality, and the operation of the Websites (collectively “Content”) is the proprietary information of Company or the party that provided or licensed the Content to Company, and is protected by various intellectual property laws, including, but not limited to, copyrights, patents, trade secrets, trademarks, and service marks. All rights associated with the Content are owned by Company, our licensors, or our content providers. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of Content will be permitted without our express, authorized written permission and/or the express, authorized written permission of the copyright owner.

The availability of any Content through the Websites shall under no circumstances constitute a transfer of any copyrights, trademarks, or other intellectual property rights. You do not acquire any license or ownership rights by downloading or viewing any Content or by any other means. You will not in any way copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, transmit, modify, adapt, reverse engineer, frame in any webpage, or alter the appearance of any Content.

5. LINKS TO THIRD-PARTY WEBSITES

The Websites may contain links to website maintained by third parties that are not related to Company. Such links are provided for your convenience and reference only. We do not operate or control in any respect any information, software, products or services available on such websites, and we do not endorse, approve, sponsor or control any such websites’ contents, or its sponsoring organization.

We do not permit third-party advertising on the Website without express written permission from the Company. You will not create links from any website or webpage to the Websites or any webpage therein without our prior written permission.

6. USE OF TECHNOLOGY

Company may request your permission, through a separate consent process, to contact you via phone, whether by live agent or artificial or prerecorded voice, SMS text to your residential or cellular number, whether dialed manually or by auto dialer, or by email, and to send disclosures and communications about a loan inquiry in electronic form through these media.

7. Email Policy

Email is one medium through which information may be exchanged, as when an email message responds to a voice mail. Accordingly, email, by itself, may not accurately reflect the complete communication or our intent as to the subject matter referred to within the communication, nor constitute an official business record of Company. Any official content present in an email communication is qualified in its entirety by any signed writings, which shall govern such content according to their provisions. Also, unless explicitly permitted in a signed writing or necessary by law, the mere receipt of an email by us may not put us on notice, timely or otherwise, of the matters contained within that email.

Confidential Information

The emails we send are confidential (and all attachments to such emails are confidential) and are to be reviewed and/or disclosed to only the individual or entity to whom they are addressed and intended. If you receive an email in error or if it is improperly forwarded to you, the information contained in the email should, at all times, remain confidential and such circumstances shall not authorize you to use or disclose the confidential information. You agree to notify the sender immediately by telephone or email, and delete or destroy the original and any copies. Any unauthorized use, disclosure, reproduction, or distribution is strictly prohibited. Emails marked as “Confidential” contain confidential and/or proprietary information that is disclosed under the condition that you treat and maintain such information strictly in a confidential manner and in compliance with all applicable privacy laws and that you ensure such information is not disclosed or used by others, except for the limited and confidential purpose for which it is being provided. By accepting receipt of and/or reviewing confidential information that we provide, you agree to indemnify, defend, and hold us harmless against any and all claims, losses, liabilities, or expenses, including attorneys’ fees that we may incur as a result of the unauthorized use or disclosure of confidential information due to your acts or omissions.

Business Purposes

Our email facilities are to be used only for conducting business with us. Vendors, suppliers, clients and others receiving email from us may not use our email addresses or contact information (or any other person’s email address appearing on or in our email) for any purpose other than corresponding with us for lawful and legitimate business purposes relating to our business. The receipt of an email is not our consent for you to use our email address or contact information for direct marketing purposes or for transfers of data to third parties, and such use is strictly prohibited.

Unsecured Transmissions

While certain designated areas within our Websites employ technologies to secure your data and the transmissions between you and us, general email uses the Internet, which is an open system, and we cannot provide absolute assurances that all emails (sent or received) are secure, error free, not corrupted, incomplete or virus free and/or that they won’t be lost, mis-delivered, destroyed, delayed, intercepted or decrypted by others. We therefore advise against sending sensitive or personally identifiable information over email, and disclaim all liability with regard to emails (and the contents therein) if they are corrupted, lost, destroyed, delayed, incomplete, mis-delivered, intercepted, decrypted or otherwise misappropriated by others.

Viruses

Computer viruses can be transmitted via email through email content, attachments to emails and embedded links. Although our emails are believed to be free of any virus or other defects that might affect computer systems in which they are received and opened, it is your responsibility to ensure that any email you open is virus free. We are not responsible for any loss or damage arising in any way from the receipt, use, storage or transmission of our emails. If we forward an email or reply to a prior email, the contents may have been produced by someone other than us, for which we assume no liability whatsoever. The use of email to introduce any virus, malicious or disabling code, or to otherwise interfere with our email transmissions, telecommunication, or computer networks is prohibited and against the law; violators will be prosecuted to the fullest extent of the law.

In addition to any other disclaimers we make in this Agreement, we disclaim any representation or warranty that our emails are virus free and/or error free. You agree to hold the Company harmless for any loss or damage arising from an email sent or forwarded to you or arising from any email reply or otherwise received by you.

8. Loan Calculator

The Services may provide you with a loan calculator to calculate information such as: estimated payments, affordability, and more. These are just estimated and do not guarantee the accuracy of the loan calculators provided on the Website. Projections are calculated with hypothetical figures that are entered by you with no verification from us. There is no guarantee that the projections given are accurate for your specific situation and can even be achieved.

9. MONITORING

We reserve the right, but do not have an obligation, to monitor use of the Websites. In addition, we reserve the right to collect, maintain, indefinitely store, and use (at our sole discretion and without limitation and in compliance with applicable law and our applicable privacy policies or notices) any or all data from your use of or interaction with the Websites including, but not limited to data input by you and analytical data on the functioning, operation, use, and use patterns on, with, and of the Websites. By your use of the Websites, you acknowledge, understand, and agree that we are not obligated to monitor, collect, store, maintain, or return any data from your use of or interaction with the Website and shall not have any liability for the failure to do so.

We use cookies and other technologies provided by third-party vendors to collect information on your use of the Websites, such as pages visited, links clicked, non-sensitive information entered, and mouse movements. This information enables us to build and maintain our service based on user feedback and interaction with our Websites. We also collect information more commonly collected such as the referring URL, browser, operating system, and Internet Protocol (“IP”) address. By agreeing to this Agreement, you consent to our use of these cookies and technologies.

10. INDEMNITY

As a condition of use of the Websites and our Services, you agree to hold harmless, defend, and indemnify Company and our affiliates, and all of our and our affiliates, vendors, licensors, employees, officers, directors, agents and representatives, from and against any and all liabilities, expenses (including attorneys’ fees), losses, and damages arising out of claims resulting from your use of the Websites, including without limitation any claims alleging facts that if true would constitute your breach of this Agreement or any provision herein, including any use of Content other than as expressly authorized by this Agreement.

11. DISCLAIMERS OF WARRANTIES

The Websites, including all Content, additions, changes and/or improvements, are provided “as-is”. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice or other content available through the Websites.

To the fullest extent permissible under applicable law, Company disclaims all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement with respect to the Websites. Company makes no representation or warranty regarding the content or operation of the Website, webpages, or use thereof. The webpages’ content on or available through the Websites could include inaccuracies or typographical errors and could become inaccurate because of developments occurring after their respective dates of preparation or publication. Company shall have no obligation to maintain the currency or accuracy of any webpage content on or available through the Websites.

You acknowledge and agree that Company is not, and shall not be, responsible for the results of any defects that may exist in the Website or their operation. Company makes no representation or warranty that: (i) the operation of the Websites will meet your or any other user’s requirements; (ii) access to the Websites will be uninterrupted, timely, secure, or free of errors, viruses or other harmful components; or (iii) any defects in the Website will be corrected. You agree that you, and not Company, will bear the entire cost of all servicing, repair, correction or restoration that may be necessary for your data, software programs or computer equipment because of any viruses, errors or other problems you may have as a result of using, visiting, or interacting with the Websites.

12. LIMITATION OF LIABILITY

Neither Company nor its subsidiaries, affiliates, vendors, or licensors (or any of their employees, agents, officers or directors) shall be held liable for any direct, indirect, punitive, incidental, special or consequential damages or other injury, harm, or damage arising out of or in any way connected with the use of the Website or for any information, software, products and services obtained through the Websites.

13. DISCLOSURES

For disclosures, please visit: Disclosures.

14. COPYRIGHT INFRINGEMENT

Company is committed to protecting copyrights and expects you to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on the Website infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe that any material on Company Websites infringes a copyright, or any valid intellectual property right, please provide the following information to Company:

  • A physical or electronic signature that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on Company Websites are intended to be covered by a single notification, a complete list of such works and details or descriptions as to their locations within the Websites;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please provide this information to Company Legal Department, who can be reached as follows:

By E-Mail:
info@fhalenders.com