Terms of Service
As of January 1st, 2015
1. Accepting the Terms
By using the information, tools, software, features and functionality on FairMortgage.com/.us including sharing your information with housing counselors, lenders or others (together the “Service”), you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse FairMortgage.com/.us website) or you are a “Member” (which means that you have registered with FairMortgage.com/.us). The term “you” or “User” refers to a Visitor or a Member. The terms “we” or “us” refers to FairMortgage.com/.us and its owner/operator, Fair Mortgage Inc. If you wish to become a Member and/ or otherwise make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process.
You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with Fair Mortgage Inc.
If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.
The Service is a personal finance information and management service that allows Members to enter, gather and consolidate financial information, create reports and share information with home counselors, lenders and others that Members choose to share information with.
The Service is provided to you by FairMortgage.com/.us without charge (it is free) and is meant as an aid to assist you in organizing and managing your finances and preparing for home ownership. It is not intended to provide legal, tax or financial advice.
With the Service, Members may direct FairMortgage.com/.us to retrieve their own information maintained online by third-party financial institutions with which they have customer relationships, maintain accounts or engage in financial transactions (“Account Information”). FairMortgage.com/.us may work with one or more online financial service providers under contract to access this Account Information. FairMortgage.com/.us makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement.
FairMortgage.com/.us cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. FairMortgage.com/.us cannot and does not in any way assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Service, Account Information may not be up-to-date.
In connection with the Lender Directory or the Service we will provide links to other web sites belonging to third parties. FairMortgage.com/.us does not endorse, warrant or guarantee the products or services or any other third-party products or services linked from our site and FairMortgage.com/.us is not otherwise responsible for the activities or policies of those web sites or their owners. FairMortgage.com/.us does not guarantee that any mortgage, loan or product or service offered by any particular third party has the best terms or lowest rates available in the market or that our estimates of home affordability, loan prices or terms for you are accurate or obtainable by you. Accurate and actual mortgage terms can only be obtained by applying directly to a mortgage lender and getting an offer from such lender.
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your LoginID e-mail address, allows you to access the Service. That Login ID and password, together with any mobile number or other contact information you provide form your “Registration Information.”
By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.
If you become aware of any unauthorized use of your Registration Information, you agree to notify FairMortgage.com/.us immediately at the email address – admin@FairMortgage.com/.us.
Your right to access and use FairMortgage.com/.us and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use FairMortgage.com/.us for lawful purposes.
Accurate records enable FairMortgage.com/.us to provide the Service and others to provide guidance to you. You must provide true, accurate, current and complete information and you may not misrepresent your Registration or financial Information. In order for the Service to function effectively as possible and others to provide guidance to you, you must also keep your Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.
Your access and use of FairMortgage.com/.us may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of FairMortgage.com/.us or other actions that We , in our sole discretion, may elect to take.
You agree that FairMortgage.com/.us may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services or marketing materials. You grant FairMortgage.com/.us a perpetual, worldwide, fully transferable, sub licensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to FairMortgage.com/.us in any way.
Use of these Service may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. FAIRMORTGAGE.COM/.US MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
FairMortgage.com/.us may from time to time provide automatic alerts and voluntary account-related alerts. Electronic alerts will be sent to the email address you have provided as your primary email address for FairMortgage.com/.us. If your email address changes, you are responsible for informing us of that change.
By submitting information, data, documents, passwords, usernames, PINs, other log-in information, materials and other content to FairMortgage.com/.us through the Service, you are licensing that content to FairMortgage.com/.us solely for the purpose of providing the Service. FairMortgage.com/.us may use and store the content, but only to provide the Service to you. By submitting this content you represent that you are entitled to submit it for use for this purpose, without any obligation by FairMortgage.com/.us to pay any fees or other limitations.
By using the Service, you expressly authorize FairMortgage.com/.us to access your Account Information maintained by identified third parties, on your behalf as your agent. When you use the “Add Accounts” feature of the Service, you will be directly connected to the website for the third party you have identified. FairMortgage.com/.us will submit information including usernames and passwords that you provide to log you into the site. You hereby authorize and permit FairMortgage.com/.us to use and store information submitted by you to the Service (such as account passwords and user names) to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which you submit your information. For purposes of this Agreement and solely to provide the Account Information to you as part of the Service, you grant FairMortgage.com/.us a limited power of attorney, and appoint FairMortgage.com/.us as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN FAIRMORTGAGE.COM/.US IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, FAIRMORTGAGE.COM/.US IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service.
The contents of FairMortgage.com/.us, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of FairMortgage.com/.us belong or are licensed to FairMortgage.com/.us or its software or content suppliers. FairMortgage.com/.us grants you the right to view and use FairMortgage.com/.us subject to these terms. You may download or print a copy of information provided on FairMortgage.com/.us for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from FairMortgage.com/.us in whole or in part for any other purpose is expressly prohibited without our prior written consent.
You agree that you will not:
- Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor FairMortgage.com/.us or any portion of FairMortgage.com/.us, without our express written consent, which may be withheld in our sole discretion;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search FairMortgage.com/.us, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of FairMortgage.com/.us or the Service; or
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of FairMortgage.com/.us or the Service.
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH FAIRMORTGAGE.COM/.US OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF FAIRMORTGAGE.COM/.US OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
FAIRMORTGAGE.COM/.US MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON FAIRMORTGAGE.COM/.US OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. FAIRMORTGAGE.COM/.US MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
NEITHER FairMortgage.com/.us NOR THE SERVICE IS INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. FairMortgage.com/.us IS NOT A FINANCIAL PLANNER, MORTGAGE BROKER, LOAN ORIGINATOR, LENDER OR TAX ADVISOR. The Service is intended only to assist you in your financial organization and decision-making with regard to purchasing your home and obtaining a mortgage and other related services and products and is broad in scope. If you choose to share your information with a housing counselor, lender or other third party, your agreement and arrangement with them is your responsibility and FairMortgage.com/.us is not responsible for their actions.
Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions, loan commitments or implementing any financial strategy, you should consider obtaining additional information and advice from your attorney, accountant or other financial advisers who are fully aware of your individual circumstances.
WE SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO FAIRMORTGAGE.COM/.US, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, FAIR MORTGAGE INC.’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
You shall defend, indemnify and hold harmless FairMortgage.com/.us and Fair Mortgage Inc.and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.
This Agreement will continue to apply until terminated by either you or Us as set out below. If you want to terminate your legal agreement with FairMortgage.com/.us/Fair Mortgage Inc. , you may do so by closing your account for the Service.
Please use the directions below to cancel your account:
- Login to your FairMortgage.com/.us account.
- Go to “Your Profile”.
- Locate the “delete FairMortgage.com/.us account” option under “More Options”.
- Type in “delete” where prompted.
- Enter in the password for your FairMortgage.com/.us account.
- Press “Yes”
We may at any time, terminate this legal agreement with you:
- if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
- if we in our sole discretion believes we are required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
- immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
FairMortgage.com/.us may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on FairMortgage.com/.us site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
This Agreement, and your relationship with FairMortgage.com/.us and Fair Mortgage Inc. under this Agreement, shall be governed by the laws of the State of Delaware without regard to its conflict or choice of laws provisions. Any dispute with Fair Mortgage Inc. or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court in Middlesex County in the Commonwealth of Massachusetts, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case We may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, We are able to offer the Service at the terms designated, without charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with Fair Mortgage Inc. , its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if FairMortgage.com/.us does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which FairMortgage.com/.us has the benefit of under any applicable law), this will not be taken to be a formal waiver of Fair Mortgage Inc.’s rights and that those rights or remedies will still be available to Fair Mortgage Inc. .
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement represents the entire understanding and agreement between you and FairMortgage.com/.us regarding the subject matter of the same, and supersedes all other previous agreements.