NMLS #561934
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PREAPP LLC
Customer Terms of Use
These Customer Terms of Use (the “TOU”) constitute the agreement between PREAPP LLC (“PREAPP”) and the customers (“Customer(s),” “you”) of Mortgage Loan Originator identified on a registered PREAPP 1003 account (or “MLO”), who provides pre-approval loan services for Customers using PREAPP 1003 (“Services”). These Terms of Use governs the use of Services by Customers. By submitting information via the Service, you agree to be bound by these Terms of Use. These Terms of Use will bind all Customers who participate in the Services.
1. GENERAL
1.1. DEFINITIONS
1.1.1. “Services” as used herein refers to the suite of services offered by PREAPP as listed at preapp1003.com.
1.1.2. “MLO” as used herein means the Mortgage Loan Originator identified on the registered PREAPP 1003 account.
1.1.3. “Customer” and you as used herein refers to the MLO’s customers using the Service.
1.1.4. “Legal Fees” means any attorney’s fees, paralegal fees, costs, and/or expenses related thereto.
1.1.5. “Software” means any necessary software used in connection with the Services.
1.2. All parties explicitly agree that the use of the Services shall be pursuant to these Terms of Use. PREAPP shall not be bound by any additional or different terms provided by MLO or Customer.
1.3. The Terms of Use shall be considered and construed as a binding agreement between you and PREAPP.
1.4. The Terms of Use comprises the entire agreement between you and PREAPP, superseding any prior agreements. Please note that you may be subject to additional rules and regulations that may apply when you register for and use the Services. Any such additional rules and regulations shall be explicitly referenced herein and considered as incorporated within the Terms of Use.
2.
SERVICES
2.1 MLO Responsibilities. Customer’s rights and responsibilities with respect to MLO are governed by its relationship with and any contracts with such MLO, and any disputes directly or indirectly related to such relationship and agreements shall be between Customer and MLO and shall not include PREAPP. PREAPP assumes no responsibility for any defect in a product or service provided by MLO or breach of agreements between MLO and Customer.
2.2 Third-party Providers. The Service may integrate with products or services provided by third parties with whom MLO has written or other agreements. Customer’s rights and responsibilities with respect to such third parties are governed by such agreements and applicable law, and any disputes directly or indirectly related to such agreements shall be between Customer and the third party and shall not include PREAPP. PREAPP assumes no responsibility for any defect in a product or service provided by such third parties or breach of agreements between
MLO, Customer, and such third parties. Notwithstanding the foregoing, under no circumstances is PREAPP obligated to provide instructions to, receive or store information or documentation transmitted by such third party service providers, or transmit data, documentation or other information to such third parties.
2.2.1 To facilitate pre-approval, MLO may pull credit reports from third-party credit agencies via the Service. The Service acts as a portal to the credit agencies and MLO is able to use the Service to send encrypted results of credit agencies to Customers. PREAPP is not responsible for the accuracy, reliability or security of the credit agencies. Customer agrees that such services are subject to each credit agency’s terms of use and privacy policies. A list of Credit Agencies is available at http://preapp1003.com/credit-report-agencies.
2.2.2 To facilitate secure document management, loan origination services, and customer relationship management between MLO and Customers, PREAPP integrates with certain third-party providers. PREAPP is not responsible for the accuracy, reliability or security of these third-party providers. Customer agrees that such services are subject to each third-party provider’s terms of use and privacy policies. A list of third-party providers is available at http://preapp1003.com/preapp-1003-partners
2.3 Compliance with Laws. Customer agrees that MLO is solely responsible for compliance with all applicable federal and state laws, rules and regulations in MLO’s use of the Service and in any business operations conducted pursuant to these Customer Terms of Use and the MLO Terms of Use. MLO is solely responsible for ensuring that MLO and all of its employees, consultants, and business associates conducting business related to the Service are in compliance with all federal, state or other laws or regulations applicable to them in their professional capacities as mortgage bankers, mortgage brokers, mortgage professionals or any other regulated field or occupation.
Customer will cooperate with PREAPP to investigate or enforce these Customer Terms of Use, the MLO Terms of Use and applicable laws and regulations, and with any inquiry or investigation by regulators or law enforcement officials related to the Service.
2.4 Privacy and Security. Whenever PREAPP comes into contact with “nonpublic personal information” as (defined in the Gramm-Leach Bliley Act and its implementing regulations) of Customers, MLO’s customers and consumers, PREAPP agrees to implement and maintain appropriate measures to protect the confidentiality of such information. Nonpublic personal information includes but is not limited to, name, address, income, Social Security number, relationship with Seller, loan information, credit history, bank history consumer reports, consumer file information, employment history, etc. PREAPP agrees to protect the confidentiality of all customer and consumer “nonpublic personal information” and that it will not be disclosed for any purpose other than the one for which it was received unless its disclosure is required by law. Customer agrees that at all times while MLO is using the Service, MLO is solely responsible for implementing and maintain appropriate measures to protect the
confidentiality of nonpublic personal information. MLO, not PREAPP, is solely responsible for ensuring MLO’s compliance with these Customer Terms of Use, MLO Terms of Use and applicable law when sharing nonpublic personal information with affiliates or service providers as permitted by these Customer Terms of Use, MLO Terms of Use, and MLO, not PREAPP, shall ensure all that such third parties implement and maintain appropriate security safeguards.
3. FEES
3.1. Fees for service are currently incurred by MLOs, not Customers. PREAPP reserves the right to charge fees for service to Customers in the future.
4. SMS
4.1.
PREAPP will provide services through which customers may communicate
with PREAPP by text or short code
messaging through the PreApp 1003 program.
4.2.
Customers can text PREAPP to 33655 and it will provide a web link for
them to view PREAPP’s website.
4.3.
Customers who opt in to PreApp 1003 will only get one alert. No
messages will be sent after that.
4.4.
There are no premium charges for joining our PreApp 1003 message Alerts
service. However, message and data
rates may apply.
4.5.
To opt-out of the PreApp 1003 Alerts program, a subscriber can send or
text STOP, END, QUIT, CANCEL or
UNSUBSCRIBE to 33655. An unsubscribe message will be sent to their number
confirming the cancellation, but no more messages will be sent after that one.
4.6.
For support or information about PreApp 1003 Alerts service, anyone can
send or text HELP to 33655.
Optionally, one may email support@preapp1003.com or call toll free (888) 652-6515.
4.7.
Supported Carriers. Alltel, AT&T,
Cincinnati Bell, Dobson Cellular Systems, Inter Op, MetroPCS®, Nextel
Communications, Sprint PCS, T-Mobile®, U.S. Cellular®, Verizon Wireless, and Virgin Mobile U.S. T-Mobile® is not
liable for delayed or undelivered messages.
4.8.
Privacy Focused.
4.8.1. PreApp 1003 Alerts’ top
priority is the privacy of its users. The following is provided to address any concerns you may have.
4.8.2. PreApp 1003 will never,
under any circumstances, sell or distribute your cell phone number to third parties or PreApp 1003 clients
for whom you have not approved.
4.8.3. PreApp 1003 will never
directly market to you any services for which you have not opted in, either by cell phone, text
message or email.
4.8.4. PreApp 1003 will never
distribute any personal information about you, including your phone number,
name, billing information or any other piece of identifying information.
4.8.5. If any has any questions,
they can call (888) 652-6515 or send an email to support preapp1003.com.
5. CHANGES TO SERVICE
5.1.
PREAPP reserves the right at any time to modify or discontinue, whether
temporarily or permanently the Service. Changes may occur from time to time.
Notice of any changes or modifications will be provided through the Service
and, as appropriate, other means of notice provided herein. Absence of any
notice shall not affect the enforceability of these Terms of Use.
5.2.
PREAPP may update its software and/or code, in whole or in part. These
updates may require your computer to install additional third-party software.
6. INDEMNIFICATION BY CUSTOMER
6.1.
Customer agrees to indemnify, hold harmless and defend PREAPP from and
against any and all judgments, liabilities, damages, losses, expenses and costs
(including, but not limited to, court costs
and legal fees) incurred by and for which PREAPP provides notice to
Customer within thirty (30) days of such claim which relate to the violation of
any third party’s copyright or proprietary rights arising in connection with
the provision of Services where such violation arises from PREAPP’s reliance on
Customer’s instructions or specifications or where Customer or its agents
modify any aspect of the results of the Service or provide falsified
information via the Service.
6.2.
Customer shall indemnify, defend and hold harmless PREAPP, its
respective affiliates, subsidiaries, directors, officers, agents, suppliers,
employees and assigns (collectively, “Indemnified Parties”), from and against
any claims, expenses, and/or losses arising, including reasonable legal fees
(including but not limited to attorney’s fees, paralegal fees, costs and
expenses), made by any third party against PREAPP due to, arising from, and/or
relating to: (i) Customers’ connection to and/or use of Services; (ii) the
content of Customers’ data and/or any third party information used, maintained
or stored in connection with the Services; (iii) the breach by Customer of
these Customer Terms of Use or any representation, covenant or warranty
contained herein; (iv) violation of any law by Customer or any third party
arising out of or relating to Customer’s actions; (v) the modification or
unauthorized use by Customer or distribution of the Services or PREAPP’s
Intellectual Property; (vi) any violation of law in which Customer allegedly
engaged; (viii) any information Customer sent, submitted, electronically
received, viewed, printed, downloaded, or transmitted through the Service; or
(ix) your violation of any rights of any other person or entity.
7. LIMITED LIABILITY
7.1. TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, THE PARTIES MUTUALLY
WAIVE ALL CLAIMS AND RIGHTS OF RECOVERY AGAINST EACH OTHER FOR ANY SPECIAL,
EXEMPLARY, CONSEQUENTIAL OR INDIRECT DAMAGES
ARISING FROM OR RELATED TO THE SUBJECT-MATTER OF THIS AGREEMENT. CONSEQUENTIAL
AND INDIRECT DAMAGES INCLUDE LOSS OF DATA, USE, INCOME, ANTICIPATED PROFITS ON
UNPERFORMED WORK OR OTHER CONTRACTS OR PROJECTS, LOSS OF BUSINESS, GOODWILL OR
REPUTATION OR OTHER CONSEQUENTIAL OR INDIRECT DAMAGES AS DEFINED BY APPLICABLE LAW.
7.2. TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, PREAPP'S TOTAL LIABILITY
TO CUSTOMER FOR ANY AND ALL INJURIES, CLAIMS, LOSSES, EXPENSES, OR DAMAGES
WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE
SUBJECT MATTER OF THIS AGREEMENT FROM ANY CAUSE OR CAUSES OF ACTION INCLUDING BUT NOT LIMITED TO PREAPP’S
NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY SHALL NOT
EXCEED THE
AMOUNT OF THE FEES PAID BY CUSTOMER TO PREAPP UNDER THIS AGREEMENT DURING THE
PREVIOUS 12 MONTH PERIOD IN WHICH SUCH CLAIM ARISES.
8. DISCLAIMERS OF WARRANTIES
8.1. THE SERVICES ARE PROVIDED TO YOU “AS IS”, “WITH ALL FAULTS”, “AS
AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT POSSIBLE
UNDER APPLICABLE LAW.
8.2. PREAPP SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: 8.2.1.
ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY,
COMPLETENESS, CAPABILITIES, SECURITY, TIMELINESS, USEFULNESS AND/OR CONTENT OF:
8.2.1.1.
PREAPP SERVICES; AND,
8.2.1.2. THE ABILITY OF THE SERVICES TO INTEROPERATE OR INTEGRATE WITH ANY
THIRD-PARTY PRODUCTS SUCH AS SOFTWARE OR HARDWARE;
8.2.2.
ANY WARRANTIES RESULTING
FROM A COURSE OF DEALING OR USAGE OF TRADE;
8.2.3.
ANY WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE;
8.2.4.
ANY WARRANTIES OF
NON-INFRINGEMENT; AND
8.2.5. ANY WARRANTIES REGARDING THE RIGHTS AND TITLE OF PREAPP IN THE SERVICE, OR ANY WARRANTY THAT THE
SERVICES DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.
8.3. PREAPP IS NOT LIABLE FOR ANY INFORMATION, SOFTWARE OR OTHER PRODUCTS
THAT ARE DOWNLOADED FROM SERVICES BY YOU OR INSTALLED ON YOUR COMPUTER. AS
SUCH, PREAPP IS NOT RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
8.4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR
FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
8.5. PREAPP MAKES NO WARRANTY THAT THE SERVICES WILL BE ERROR-FREE,
AVAILABLE WITHOUT INTERRUPTION, TIMELY, OR MEET YOUR REQUIREMENTS.
8.6. PREAPP WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICES. HOWEVER,
WE ARE NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR
VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS,
MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS
OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE PREAPP SERVICES, OR OTHER INTERACTION WITH THE
SERVICES. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND
INFORMATION THAT MAY RESIDE ON THE SERVICES. WE DO NOT WARRANT THAT (I) THE
SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE,
(IV) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED.
9. EXCLUSIONS AND LIMITATIONS.
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. GENERAL PROVISIONS
10.1.
Acknowledgement. You acknowledge that you
have read, understood, and agreed to all terms contained herein.
10.2.
Applicable Law. These Terms of Use shall be
construed and enforced in accordance with the laws of the State of Texas
without regard to its conflicts of laws provisions. Similarly, the laws of the
State of Texas (again without regard to its conflicts of laws provisions) shall
also govern any dispute arising between you and PREAPP. You agree to submit to
the personal and subject matter jurisdiction of the courts located within the
State of Texas. You also agree the venue for any action, dispute or proceeding
with respect to this Agreement or any dispute between you and PREAPP shall be
Harris County, Texas. You further waive all defenses to the contrary including,
but not limited to, lack of personal jurisdiction or forum non conveniens.
10.3.
Arbitration Clause. Any dispute, claim, or
controversy arising out of these Terms of Use, and/or the Services will be
settled by arbitration in Harris County, Texas.
Such arbitration shall be conducted in accordance with the rules of
American Arbitration Association or then-existing equivalent. The party
requesting arbitration shall serve upon the other party a notice demanding
arbitration and a description of the issue or issues to be arbitrated. Any
award issued as a result of
the arbitration may be entered as a final judgment or order in any court of competent jurisdiction and enforced accordingly. All costs and expenses of the arbitration, including reasonable legal fees
(including, but not limited to, attorney’s fees, paralegal fees, etc.), shall be allocated among the parties as determined by the arbitrator or awarded to the prevailing party.
10.4.
Entire Agreement. The Parties agree that the
Terms of Use as it shall be modified from time to time constitutes the full and
complete understanding among them with respect to the subject matter hereof and
supersedes and preempts any prior understandings, agreements, or
representations by or among the
Parties, written or oral, which may have related to the subject matter hereof
in any way. You may not rely on any other statements, promises, or agreements
by any party, whether written or oral, that
alters or contradicts the terms of this Terms of Use.
10.5.
Incorporation Clause. This Terms of Use expressly
incorporates the terms provided for in
PREAPP’s Privacy and Security Policy.
10.6.
Independent Parties. You and PREAPP are
independent parties and nothing contained in these Terms of Use shall be
construed or implied to create any agency or partnership between you and
PREAPP. At no time shall you or PREAPP act as an agent for or make commitments
for or in the name of the other party.
10.7.
Jury Trial Waived. As provided in the
Arbitration Clause above, you acknowledge that all disputes with PREAPP shall
be resolved through arbitration. Should any arbitration or court find such
restriction unenforceable and/or should any dispute appear before a court, you
expressly waive any right to a jury trial in any action against PREAPP for any
claims related to the Services. In fact, by using
the Services and agreeing to these Terms of Use, you expressly agree that you
shall not be permitted to obtain a jury trial in any action against PREAPP.
10.8.
Paragraph and Section
Headings. Paragraph
and Section headings are for convenience only and shall not be used to construe
the Terms of Use or otherwise be given any legal effect.
10.9.
Reasonableness. The Parties have read each
of the terms in the Terms of Use and consider each of them, including all
subparts, to be reasonable.
10.10.
Savings Clause. In the event that any
provision of the Terms of Use is held to be void or unenforceable by a Court of
competent jurisdiction, the remaining provisions of the Terms of Use shall
nevertheless be binding upon the Parties with the same effect as though the void
or unenforceable part had been deleted. Further, any provision held to be void
or unenforceable by a Court of competent jurisdiction shall be construed, if
possible, to give effect to the Parties’ intent. The Parties agree that any
such provision, in its form so modified by the court, shall then be enforceable
and shall be enforced.
10.11.
Statute of Limitations. To the extent permitted by
law, any claim or cause of action arising out of or related to use of the
Services shall be filed within one (1) year after such claim or cause of action
arose. To the extent permitted by law and as applicable, the doctrine of
“continuous publication” shall apply to this Terms of Use.
10.12. Waiver.
10.12.1. No waiver of any breach of
any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent
breach of the same or any other provisions hereof,
and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
10.12.2. The failure of PREAPP to
insist, in any one or more instances, upon the performance of any of the terms of this Agreement or
to exercise any right hereunder shall not be construed as a waiver of the future
performance of any such term or the future exercise of such right.
10.12.3. No PREAPP employee, agent,
or representative, including, without limitation, a customer service
representative, shall be entitled to waive any term of the Terms of Use or any
other PREAPP agreement or policy.
10.14 Notices.
Notices by PREAPP to you for any reason (including changes to this Agreement, the Services, the fees, or other similar matters) may be provided by a general posting at http://preapp1003.com. Notices by you to PREAPP may be given through electronic mail to support@preapp1003.com unless otherwise specified in these Terms of Use. Without receiving a confirmation email back from PREAPP, you may not assume that your notice has been received.
10.15 Restricted Locations.
10.15.1
The Services may not be accessed, viewed, downloaded or otherwise used
in any country or location in which doing so would or could be deemed a
violation of any law, regulation, rule, ordinance,
edict or custom.
10.15.2 The Services may not be used
within and are not directed at any country or region currently embargoed by the
United States. By using the Services, you agree to the foregoing and you
warrant that you are not located in, or under the control of, or a national or
resident of any such country or region.
10.15.3 You agree to comply with all
applicable laws regarding the transmission of technical data exported from the
United States or the country in which you reside.
10.16 REVISIONS TO TERMS OF USE
10.16.1
PREAPP reserves the right to revise, amend, or modify these Terms of
Use, our Privacy and Security
Policy, and other policies and agreements at any time and in any manner.
10.16.2
PREAPP shall provide notice of such changes by posting the revised
policies to the applicable PREAPP owned websites and by either (a) providing
you a message the next time you login into your account or (b) sending you
electronic mail to the email address you provided when creating your account.
10.16.3
With respect to this Terms of Use, you should visit our website at
http://preapp1003.com from time to time to review the then-current terms. At any time, the
current-posted policies govern and shall be binding.
Notices by PREAPP to you for any reason (including changes to this Agreement, the Services, the fees, or other similar matters) may be provided by a general posting at http://preapp1003.com. Notices by you to PREAPP may be given through electronic mail to support@preapp1003.com unless otherwise specified in these Terms of Use. Without receiving a confirmation email back from PREAPP, you may not assume that your notice has been received.
You acknowledge and agree that the form and nature of the services that PREAPP provides may change from time to time without prior notice to you. Unless explicitly stated otherwise, any new feature that augments or enhances the current Services shall be subject to these Terms of Use.
Privacy Policy
PREAPP, LLC PRIVACY POLICYPreApp (“Company”) respects the privacy of its users whether they use the preapp1003.comSM website and Services
(“Website”) to participate in interactive programs or simply view the Website. The following Company privacy policy (“Privacy Policy”) is designed to inform you, as a user of the Website, about the types of information that Company may gather about or collect from you in connection with your use of the Website. It also is intended to explain the conditions under which Company uses and discloses that information, and your rights in relation to that information.
Changes to this Privacy Policy are discussed at the end of this document. Each time you use the Website, however, the current version of this Privacy Policy will apply. Accordingly, each time you use the Website you should check the date of this Privacy Policy (which appears at the end of this document) and review any changes since the last time you used the site.
Use of Website Restricted to United States Residents
The Website is hosted on servers located in the United States of America and is intended for use by United States residents. You may not use this service if you are not a United States resident.Children
The Website is not intended for children under 13 years of age. Company does not knowingly collect personal information from children under 13.Gathering, Use and Disclosure of Non-Personally-Identifying Information Users of the Website Generally
“Non-Personally-Identifying Information” is information that, without the aid of additional information, cannot be directly associated with a specific person.
“Personally-Identifying Information,” by contrast, is information such as a name or email address that, without more, can be directly associated with a specific person.
Like most website operators, Company gathers from users of the Website Non-Personally-Identifying Information of the sort that Web browsers, depending on their settings, may make available. That information includes the user’s Internet Protocol (“IP”) address, operating system and browser type, and the locations of the Web pages the user views right before arriving at, while navigating and immediately after leaving the Website.
Company analyzes Non-Personally-Identifying Information gathered from users of the Website to help Company better understand how the Website is being used. By identifying patterns and trends in usage, Company is able to better design the Website to improve users’ experiences, both in terms of content and ease of use. From time to time, Company may also release the Non-Personally-Identifying Information gathered from Website users in the aggregate, such as by publishing a report on trends in the usage of the Website. All such Non-Personally-Identifying Information including any copyrights in such data are the sole property of Company.
Web Cookies A “Web Cookie” is a string of information that a website stores on a user’s computer, and that the user’s browser provides to the website each time the user submits a query to the site. Company uses Web Cookies to track the pages that users visit during each Website session, both to help Company improve users’ experiences and to help Company understand how the Website is being used.
As with other Non-Personally-Identifying Information gathered from users of the Website, Company analyzes and discloses in aggregated form information gathered using Web Cookies, so as to help Company, its suppliers, contractors, sales procurement providers, and others better understand how the Website is being used. Company does not attempt to link information gathered using Web Cookies to Personally-Identifying Information.
COMPANY USERS WHO DO NOT WISH TO HAVE WEB COOKIES PLACED ON THEIR COMPUTERS SHOULD SET THEIR BROWSERS TO REFUSE WEB COOKIES BEFORE ACCESSING THE WEBSITE, WITH THE
UNDERSTANDING THAT CERTAIN FEATURES OF THE WEBSITE MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF WEB COOKIES. WEBSITE USERS WHO REFUSE WEB COOKIES ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.
Web Beacons
A “Web Beacon” is an object that is embedded in a web page that is usually invisible to the user and allows website operators to check whether a user has viewed a particular web page. Company may use Web Beacons on the Website to count users who have visited particular pages and to deliver co-branded services. Web Beacons are not used to access users’ PersonallyIdentifying Information; they are a technique Company may use to compile aggregated statistics about Website usage. Web Beacons collect only a limited set of information including a cookie number, time and date of a page view, and a description of the page on which the Web Beacon resides.You may not decline Web Beacons, however, they can be rendered ineffective by declining all cookies or modifying your browser setting to notify you each time a cookie is tendered and permit you to accept or decline cookies on an individual basis. Third parties are not permitted to use Web Beacons on the Website.
Collection, Use and Disclosure of Personally-Identifying Information
Registered Subscribers Issued a Confidential User Name & Password, End Users Submitting Information in Connection With a Request From A Registered Subscriber, Visitors
As defined above, Personally-Identifying Information is information that can be directly associated with a specific person. Company collects a range of Personally-Identifying Information from and about Website users in the following ways:
- in connection with visiting the Website or communicating through the Website,
- in connection with becoming a Registered Subscriber (for example a residential mortgage loan officer or other type of loan originator),
- in connection with becoming an End User (for example, a person who receives a message, including a text message, initiated by the Registered User through the Website for the purposes of the End User consenting and providing mortgage pre-qualification information).
Much of the Personally-Identifying Information collected by Company about Registered Subscribers is information provided by the Registered Subscribers themselves at the time they sign up to become a Registered Subscriber. Much of the PersonallyIdentifying Information collected by Company about End Users is information provided by the End User or obtained by the Registered Subscriber after first obtaining the consent of the End User. Much of the Personally-Identifying Information collected by Company about Visitors is information provided to communicate with the Company, or to post or comment is some publicly-available portion of the Website, including testimonials or comments.
For example, depending upon the type of interaction with the Website: A Registered Subscriber, in the course of becoming a Registered Subscriber, will be asked to provide his or her name, physical address, email address, cell phone number, MSISDN, credit card information, billing information, download history, licensure information (for example mortgage industry related licensure information and license numbers), and user-generated information relating to interests and demographics). An End User in the course of providing mortgage pre-qualification, pre-application, or application information will be asked to provide consent to obtain the End User’s credit history, name, social security number, physical address, email address, cell phone number, MSISDN, financial information, employment status, marital status, download history, user-generated information relating to interests in and demographics.
Visitors to the Website are under no obligation to provide Company with Personally-Identifying Information of any kind, with the caveat that a Visitor’s refusal to do so may prevent the user from using certain Website features. To become a Registered Subscriber or End User, or to otherwise communicate with Company through the Website, input of some PersonallyIdentifiable Information is required.
BY REGISTERING TO BECOME A REGISTERED SUBSCRIBER, OR BY PROVIDING INFORMATION TO BECOME AND END USER (INCLUDING YOUR TEXT-INITIATED AUTHORIZATION TO COMPANY TO OBTAIN YOUR CREDIT REPORT), TO OTHERWISE OBTAIN AUTHORIZED ACCESS TO PORTIONS OF THE WEBSITE NOT
GENERALLY AVAILABLE TO THE PUBLIC, OR TO COMMUNICATE THROUGH THE WEBSITE, YOU CONSENT TO THE USE AND DISCLOSURE OF YOUR PERSONALLY-IDENTIFYING INFORMATION AS DESCRIBED IN THIS
“COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION” SECTION.
Mortgage Application Pre-Qualification, Pre-Application and Application Information
Certain Personally-Identifying Information is disclosed in the course of using the Website to upload, store, display and transmit information used in connection with pre-qualifying for or for applying for a residential mortgage.On-line Forums and Blogs
Certain Personally-Identifying Information collected from users, Registered Subscribers or End Users is disclosed as a matter of course as a result of those users’ use of the Website. USERS ASSUME ALL RESPONSIBILITY FOR ANY LOSS OF PRIVACY OR OTHER HARM RESULTING FROM THEIR VOLUNTARY DISCLOSURE OF PERSONALLYIDENTIFYING INFORMATION.DMCA Infringement Notifications, Notices of Violations of Website Terms of Service and Other Communications Directed to Company
By submitting a Copyright Infringement Notification or other communication (including communications about content stored on or transmitted through the Website) you consent to have such communication forwarded to the person or entity who stored, transmitted or linked to the content addressed by your communication, in order to facilitate a prompt resolution. DMCA Infringement Notifications (including any personally identifying information set forth in the Notifications) will be forwarded as submitted to Company without any deletions.Other Disclosures
As described in the previous sections titled “Collection, Use and Disclosure of Personally-Identifying Information,” users may, at their option, disclose their own Personally-Identifying Information by any means they choose, including without limitation the Website, SMS, MMS, SMS- or MMS-initiated communications, wireless mobile device data transmissions, available restricted-access portals and storage areas on the Website. Company will disclose Personally-Identifying information under the following circumstances:- By Law or to Protect Rights—Company discloses Personally-Identifying Information when required to do so by law, or in response to a subpoena or court order, response to an arbitration request under the Terms of Service, or when Company believes in its sole discretion that disclosure is reasonably necessary to protect the property or rights of Company, third parties or the public at large.
- Marketing Communications—Company will email Website visitors, Registered Subscribers and End Users about products and services that Company believes may be of interest to them. To opt out of receiving such emails, follow the unsubscribe instructions at the end of the communication. Even after opting-out, a user may continue to receive marketing emails from third parties to whom Company already has provided the user’s email information. Users will be responsible for directly contacting such third parties to request cessation of further marketing emails.
- Business Transfers; Bankruptcy—Company reserves the right to transfer all Personally-Identifying Information in its possession to a successor organization in the event of a merger, acquisition, or bankruptcy or other sale of all or a portion of Company’s assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personally-Identifying Information will be subject to this Privacy Policy, or to a new privacy policy if you are given notice of that new privacy policy and are given an opportunity to affirmatively opt-out of it. Personally-Identifying Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by the successor organization.
Contests, Giveaways and Surveys
From time to time, Company may offer Website users the opportunity to participate in contests, giveaways and other promotions. Any information submitted in connection with such activities will be treated in accordance with this Privacy Policy.From time to time, Company may also ask Website users to participate in surveys designed to help Company improve the Website. Any Personally-Identifying Information provided to Company in connection with any survey will be used only in relation to that survey, and will be disclosed to third parties not bound by this Privacy Policy only in non-personally-identifying, aggregated form.
Collection and Use of Information by Third Parties Generally
Company contractually prohibits its contractors from disclosing Personally-Identifying Information received from Company, other than in accordance with this Privacy Policy. Third parties are under no obligation to comply with this Privacy Policy, however, with respect to Personally-Identifying Information that users provide directly to those third parties or that those third parties collect for themselves. Company neither owns nor controls the third-party websites accessible through the Website. Thus, this Privacy Policy does not apply to information provided to or gathered by the third parties that operate them. Before visiting a third-party, whether by means of a link on the Website or otherwise, and before providing any Personally-Identifying Information to any third party, users should inform themselves of the privacy policies and practices (if any) of the third party responsible for that website, and should take those steps necessary to, in those users’ discretion, protect their privacy.
Privacy Policy Changes Company may, in its sole discretion, change this Privacy Policy from time to time. Any and all changes to Company’s Privacy Policy will also be reflected on this page. Unless Company obtains your express consent, any revised Privacy Policy will apply only to information collected after such time as the revised Privacy Policy takes effect, and not to information collected under any earlier Privacy Policies. Company encourages visitors to frequently check this page for any changes to its Privacy Policy.
This policy is effective as of and was last updated on January 24, 2016.
Consent To Do Business Electronically
(the eDisclosure Agreement)
The mortgage loan that you have applied for involves various disclosures, records, and documents ("Loan
Documents"), including this eDisclosure Agreement. The purpose of this eDisclosure Agreement is to
make you aware that the Federal E-SIGN ACT allows us to provide these documents to you via electronic
means verse paper form once we obtain your consent. You will also be able to sign and authorize these
Loan Documents electronically, rather than on paper.
Before we engage in this transaction electronically, it is important that you understand your rights and
responsibilities. Please read the following and affirm your consent to conduct business with us
electronically.
In this consent, "we" "us" and "our" are used to refer to First Bank & Trust, and to any assignee
to whom we may propose to sell the loan or service the loan. For purposes of this eDisclosure
Agreement, "eDisclosures" means the Loan Documents related to this transaction that are provided
electronically, and "You" and "Your" mean the borrower(s) under the applicable loan to which such Loan
Documents apply.
YOUR CONSENT
- Your consent to participate in this transaction electronically will apply to all Loan Documents for the applicable loans for which you are applying. We will conduct this transaction electronically, instead of providing you with the Loan Documents in paper form.
- If a document related to your loan is not available in electronic form, a paper copy will be provided to you free of charge.
- Conducting this transaction electronically is an option. If you choose not to accept receipt of eDisclosures, paper Loan Documents will be mailed to you.
- If you do not consent to receive these Loan Documents electronically, you will be provided with copies of the Loan Documents in paper form. You will not be required to pay a fee for receiving paper copies of the Loan Documents.
WITHDRAWAL OF CONSENT
- You have the right to withdraw your consent at any time. By declining or revoking your consent to receive eDisclosures, we will provide you with the Loan Documents in paper form.
- If You originally consent to receive eDisclosures, but later decide to withdraw your consent, notify
your Residential Mortgage Loan Originator or our main office at
Phone: 985.726.3484
Address: 2077 E. Gause Blvd., - If you originally consent to receive eDisclosures, but later withdraw your consent you will not be required to pay a fee for withdrawing consent and receiving paper copies of the Loan Documents. OBTAINING PAPER COPIES
- After your consent is given, you may request from us paper copies of Your Loan Documents. Please notify your Residential Mortgage Loan Originator or our main office at
Phone: 985.726.3484
Address: 2077 E. Gause Blvd., - If you request paper copies of the Loan Documents you will not be required to pay a fee for receiving paper copies of the Loan Documents.
SYSTEM REQUIREMENTS
- In order to receive eDisclosures, you must have a computer with Internet access and an Internet email account and address; an Internet browser using 128-bit encryption or higher, Adobe Acrobat 7.0 or higher, SSL encryption and access to a printer or the ability to download information in order to keep copies of your eDisclosures for your records.
- If the software or hardware requirements change in the future, and you are unable to continue receiving eDisclosures, paper copies of such Loan Documents will be mailed to you once you notify us that you are no longer able to access the eDisclosures because of the changed requirements. We will use commercially reasonable efforts to notify you before such requirements change. If you choose to withdraw your consent upon notification of the change, you will be able to do so without penalty.
HOW WE CAN REACH YOU
- You must promptly notify us if there is a change in your email address or in other information needed
to contact you electronically. You can contact Us at:
Phone: 985.726.3484
Address: 2077 E. Gause Blvd., - We will not assume liability for non-receipt of notification of the availability of eDisclosures in the event your email address on file is invalid; your email or Internet service provider filters the notification as "spam" or "junk mail"; there is a malfunction in your computer, browser, Internet service and/or software; or for other reasons beyond our control.
Please indicate your consent to receive electronic documents by checking the "I Accept" box below. You
are also confirming that you have the necessary computer software and hardware to accept the electronic
forms and that we have your valid, active e-mail address.
Please note that if you choose "I Decline" to accept documents electronically, this does preclude us for
sending any Loan Documentation via e-mail as well as secure document transfer. If at a later date, you
request that we e-mail any Loan Document, we will need this eDisclosure Agreement executed to
acknowledge your acceptance.
eSignature Credit Authorization Agreement
Electronic Signature (eSignature): You consent and agree that your use of a key pad, touch screen, mouse or other device to sign or select an item, button, icon or similar act/action while using any electronic service we offer; or in accessing or making any transactions regarding any document, agreement, acknowledgement, consent, term, disclosure, or condition constitutes your signature, acceptance and agreement as if actually signed by you in writing. Further, you agree that no certification authority or other third party verification is necessary to validate your electronic signature; and that the lack of such certification or third party verification will not in any way affect the enforceability of your signature or resulting agreement between you and First Bank & Trust. You understand and agree that your eSignature executed in conjunction with the electronic submission will be legally binding and such transaction will be considered authorized by you.
By affixing my electronic signature, I authorize First Bank & Trust to obtain a credit report and that this information be used to pre-qualify me for a mortgage loan.
On June 30, 2000, President Clinton signed into law the The Electronic Signatures in Global and National Commerce Act (The E-Sign Act). The E-Sign Act makes e-signatures as legally binding as ink-and-paper signatures. The E-Sign Act also eliminates legal barriers to storing documents and sending notices electronically. A credit professional may now engage in e-credit transactions across state lines and the credit sale contract is valid in all states.
Neither the E-Sign Act nor the FCRA should bar a credit professional from obtaining an electronic consent to pull a credit report, and otherwise be in full compliance with the FCRA. However, the E-Sign Act requires that the consumer decides whether to use an e-signature or handwritten.
Your #1 Lender's in East Jordan, MI
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