These Terms of Service explain the terms by which you may use firstmortgagehomeloans.com (the “Website”, “we”, “us”, “our”) online services, website, mobile applications, and software provided on or in connection with the service and also govern any all communications with us via phone, email, text or otherwise (collectively the “Service”). By accessing or using the Service through any direct or indirect means, you signify that you have read, understood, and agree to be bound by this Terms of Service Agreement (“Agreement” or “Terms of Service”) and to the collection and use of your information as set forth in the expressbcl.com Privacy Policy. This Agreement applies to all visitors, users, and others who access or use the Service (“Users”).
Please read these terms carefully. If you do not agree to them you must not use the Website or Service.
IMPORTANT: You understand and agree that by submitting your loan request form for a financial product on this website (the “Site”), you authorize us to share your personal information with our marketing partners and third-party lenders (“Service Providers”). You understand and agree that you are also providing written instruction under the FCRA for these Service Providers separately to obtain your credit report, credit score, and other information from one or more credit reporting agencies in order to verify your identity and provide you with prequalified credit quotes.
1. Modification of Terms. We may from time to time change the rules that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the rules as changed. From time to time, we also may change, move or delete portions of, or may add to or discontinue, temporarily or permanently, our Site and/or any of these Terms, with or without notice. We reserve the right to make changes to our Site and/or any of these Terms at any time. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of our Site and/or any of these Terms.
2. Your Access to and Use of the Site. You may only use the Site if you live in the United States and are at least 18 years old. We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site. We may also impose limits on certain features of the Site or restrict your access to part of or the entire Site, without notice or penalty. We do not charge users for use of the Site, and do not charge any fee to users upon successful completion of a loan. Your access to and use of the Site may be interrupted from time to time, including due to technical malfunctions, periodic updating and repairs.
3. Services and Content Offered on the Site. The Site provides you with access to certain services, such as financial products, and Service Providers that may be of interest to you (the “Site Services“), and to certain content provided by us or by third parties (the “Site Content“). PLEASE READ THE FOLLOWING CAREFULLY:
3.1. Request to be Connected. We may provide you with the opportunity to submit a request to be connected (“Request”) to our Service Providers. The Site acts solely as a paid marketing lead generator. You understand that we are not a broker, lender, creditor for or issuer of the products featured on the Site. We do not make any decisions regarding the products and services offered by the Service Providers and does not make any loan or credit decisions. We are not your agent, nor is it the agent of any Service Provider with respect to your request for financial offerings. We may receive a marketing lead generation fee from the Service Providers.
3.2. No guarantee of loan or credit. We cannot and do not guarantee that you will be connected to any Service Provider, that any Service Provider will make a loan or offer to you, or that any program terms including any specific loan terms or rates, offered by the Service Providers are the best terms or lowest rates available in the market. A Service Provider’s offer may be subject to market conditions, approval and qualification. The rates and fees you actually achieve may be higher or lower depending on your complete credit and financial profile. Your ability to secure any loan or consummate any transaction with any Service Provider is solely a matter to be resolved between you and such Service Provider. You may have to complete an application with the Service Provider before they extend an offer to you or provide that Service Provider with additional information to enable them to further verify your income.
3.3. Transfer of your information. In submitting your Request on this Site, you agree to allow us to share all of your information, including your full Social Security number, in connection with your Request to be connected to Service Providers, whether or not you have specifically selected such Service Provider. If any Service Provider(s) wish to provide information to you in connection with your Request, you will be contacted regarding the offerings and related pricing, and the Service Provider(s) may keep your Request information and any other information provided by us in connection with your Request whether or not they offer you a product or service. Please notify the Service Provider(s) directly if you no longer wish to receive communications from them.
In submitting a Request to be connected to Service Providers, you further expressly authorize any Service Providers to whom you are connected to share among its affiliates, loan servicers, marketing partners, and bank partners any transaction history related to your financial products or services received or serviced through such Service Provider for the limited purpose of evaluating you for credit.
3.4. No endorsements or recommendations. In working with Service Providers, we seek to work with companies that are reputable and professional; however, we strongly recommend that you perform your own due diligence on each potential Service Provider prior to selecting and/or entering into any type of agreement or other arrangement with any particular Service Provider. In addition, once we connect you to the Service Providers, we have no further involvement in any transactions that occur between you and the Service Provider(s). We neither recommends nor endorses any specific products, opinions, or other Site Content that may be made available through or mentioned on the Site.
THE WEBSITE IS NOT RESPONSIBLE OR LIABLE FOR ANY SERVICE PROVIDER’S ACTS OR OMISSIONS INCLUDING FOR ANY QUOTES OR SERVICES THAT ANY SUCH SERVICE PROVIDER MAY PROVIDE, FOR ANY SERVICE PROVIDER’S CONTACTING OR FAILURE TO CONTACT YOU, FOR ANY SERVICE PROVIDER’S PERFORMANCE OR FAILURE TO PERFORM ANY SERVICES, OR FOR ANY AGREEMENT OR TRANSACTION BETWEEN YOU AND ANY SERVICE PROVIDER.
4. No substitute for professional advice. We provide all Site Content and Site Services solely for your convenience, and such Site Content and Site Services (i) are not intended as a substitute for professional advice; (ii) should not be construed as the provision of advice or recommendations; and (iii) should not be relied upon as the basis for any financial decision or action. We are not responsible for the accuracy or reliability of any Site Content or the Site Services. Site Content is not exhaustive and should not be considered complete or up-to-date. It is your responsibility to evaluate the accuracy, completeness or usefulness of any Site Content or Site Services available through the Site. The relationship between you and us is not a professional or similar relationship; always seek the advice of a qualified professional with respect to any questions that you may have, and never disregard professional advice or delay in seeking it because of something that you have read on the Site.
5. Disclaimer of Warranties
THIS SITE IS PROVIDED BY US “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. BY USING THE SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS OR EMAIL SENT FROM US ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
6. Your Consent to Receive Telemarketing Calls and SMS Messages
By using our Service you agree to receive calls and SMS messages from us and from our Service Providers, including telemarketing calls, auto-dialed calls and texts and pre-recorded voice messages; you have the option to opt-out (but if you opt-out you may miss out on products, services, promotions, etc.)
Your mobile service provider may charge you for calls/messaging according to your plan and we and our Service Providers are not responsible for those charges.
The calls you make to us and the calls we make to you may be monitored and/or recorded.
Your contact information will be shared with Service Providers who will need to contact you to complete the transaction you commenced.
You represent and warrant that you are the owner and/or primary user of any phone number you provide to us.
You agree to indemnify, defend and hold us and our Service Providers harmless from and against any and all claims, losses, liability, costs, and expenses (including reasonable attorneys’ fees) arising from failure to provide your accurate contact information (including your telephone number), your voluntary provision of a telephone number that is not your own, and/or your violation of any federal, state, or local law, regulation, or ordinance.
7. Your Consent to Electronic Communication (E-Consent)
When you visit our Site or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If you submit a Request to be connected to one of our Service Providers, please note that these Service Providers are required by law to provide you with certain communications, notices, disclosures, information and other materials (“Communications”). These Service Providers must obtain your consent in order to provide you with these Communications electronically. By submitting a request to be connected to one of our Service Providers, you affirmatively consent and agree to receive all Communications required under law electronically in accordance with the terms of our E-CONSENT. PLEASE READ THE TERMS OF OUR E-CONSENT CAREFULLY.
8. Indemnity
You agree to indemnify and hold us, our subsidiaries, our affiliates, our officers and our employees, and Service Providers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, the violation of this Agreement by you, or the infringement by you, or other user of the Site using your computer, of any intellectual property or other right of any person or entity. Even though prohibited, people may provide information that is offensive, false, harmful, or deceptive. The Website and its Service Providers assume no responsibility whatsoever for such content or actions.
9. Limitation of Liability
THE WEBSITE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
10. Third Part Websites
The Website may contain links to third party websites and information regarding the Services of these third parties. The Website in no way takes responsibility for the content of the third-party websites and the accuracy of the information they provide, nor does the Website represents or endorses any of third-party website it connects its Users with. The User of the Website accepts all the risks concerning their access to third party websites through the Website and in no way claims the Website liable for the consequences associated with the use of third-party websites they link via the Website.
11. Dispute Resolution
Agreement on Dispute Resolution: In consideration of the mutual promises set forth herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you and us agree that any controversy, claim, or dispute arising out of, relating to, or in regard to the use of this Site, or a breach of any of the Terms (individually and collectively referred to herein as a “Dispute”), shall be resolved solely and exclusively in accordance with the terms of this Dispute Resolution Agreement. You should review this Dispute Resolution Agreement carefully.
No Lawsuits Except for Small Claims Court Action and No Class Actions: In the event of a Dispute, except for the limited proceedings identified in and permitted by this Dispute Resolution Agreement, you agree that you will not file or participate in any lawsuit or other proceeding brought against us, whether on an individual basis or as a class action, including any class arbitration or other proceeding brought in a purported representative capacity on behalf of the general public or other persons similarly situated.
Informal Dispute Resolution Requirements: You and us agree to attempt to informally resolve any Dispute in accordance with these Informal Dispute Resolution Requirements. Before you commence an arbitration proceeding (“Arbitration”) against us or exercise your Small Claims Court option as described herein, you agree to try to resolve the Dispute informally by contacting us by email at info@firstmortgagehomeloans.com. We will then communicate with you by telephone or email to try to resolve the Dispute. If the Dispute has not been resolved to your satisfaction within 30 days of the date you first contact us (“the Dispute Resolution Period”), at the expiration of Dispute Resolution Period, you may exercise your Small Claims Court option for a period of 30 days thereafter or commence Arbitration as set forth below. If the dispute has not been resolved to our satisfaction by the end of the Dispute Resolution Period and you do not exercise your Small Claims Court option within 30 days thereafter, we may commence arbitration.
Your Right to File an Action in Small Claims Court: For all Disputes that fall within the dollar limits of Small Claims Court in the county of the state in which you reside, you and us agree you have the right to resolve that Dispute by filing an action against us in Small Claims Court in that county within 30 days of the expiration of the Dispute Resolution Period and pursuing that action to judgment in lieu of participating in Arbitration as described below.
Arbitration Requirements and Waiver of Right to Court Action and Jury Trial: If you and us are unable to resolve the Dispute through the Informal Dispute Resolution Requirements set forth above and the time set forth above for you to file an action in Small Claims Court has expired, the Dispute shall be shall be resolved solely and exclusively through individual (non-class) binding arbitration before one arbitrator. The arbitration shall be commenced and conducted by the American Arbitration Association in accordance with the Commercial Arbitration Rules including Supplementary Procedures for Consumer-Related Disputes (“AAA Arbitration Rules”) except in any instance in which the AAA Arbitration Rules conflict with this Dispute Resolution Agreement, in which case this Dispute Resolution Agreement shall control. You and us further agree that either of us may commence Arbitration, the arbitrator shall be appointed as provided in the AAA Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This clause shall not preclude any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You and us waive any rights to use any other available procedures, including a court action, to resolve any Dispute, and waive any right to a jury trial for any Dispute.
Discovery; Arbitration Location; Arbitration Fees; Authority of Arbitrator: Consistent with the expedited nature of arbitration, each party will, within forty-five (45) days of the written request of the other party, provide the other party with copies of documents on which the producing party may rely in support of or in opposition to any claim or defense. Any dispute regarding discovery, or the relevance or scope thereof, shall be determined by the arbitrator, which determination shall be conclusive. The place of the arbitration shall be agreed by both parties in writing. The arbitrator shall determine the scope and enforceability of this agreement to arbitrate, including whether a Dispute is subject to arbitration. The arbitrator has the authority to decide all issues of arbitrability, including where a party raises a defense to arbitration. The arbitrator may determine how the costs and expenses of the arbitration shall be allocated between the parties, but attorney’s fees shall not be awarded or considered a cost or expense of the arbitration. The arbitrator shall have no right or authority to award attorney’s fees or any exemplary or punitive damages.
Applicability of Federal Arbitration Act: This Arbitration Agreement is made pursuant to a transaction involving interstate commerce and you and us agree that the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1-16 shall apply to its construction, interpretation, enforceability and enforcement.
12. License
Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting and selling our products and services available in the United States. We grant you a limited, royalty free license (the “License”) to access and make personal use of this Site pursuant to the Terms stated herein. This License does not include any:
- RESALE OR COMMERCIAL USE OF THIS SITE OR ITS CONTENTS;
- COLLECTION AND USE OF ANY PRODUCT OR SERVICE LISTINGS, DESCRIPTIONS, OR PRICES;
- DERIVATIVE USE OF THIS SITE OR ITS CONTENTS;
- DOWNLOADING OR COPYING OF ACCOUNT INFORMATION FOR THE BENEFIT OF ANOTHER MERCHANT; OR
- USE OF DATA MINING, ROBOTS, OR SIMILAR DATA GATHERING AND EXTRACTION TOOLS.
You may not frame or utilize framing techniques to enclose any trademark, copy mark, logo, or other proprietary information of the Website without our prior express written consent. You may not use any metatags or any other hidden text utilizing the Website name or trademarks without our prior express written consent. Any unauthorized use terminates the License granted by us. You are granted a limited, revocable, and nonexclusive License to create a hyperlink to the home page of the Website so long as the link does not portray the Website or its product or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any of the Website logo or other proprietary graphic or trademark as part of the link without our prior express written consent. You may not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right.
13. Termination
This Agreement is effective unless and until terminated by us. We may terminate this Agreement at any time and may do so immediately without notice, and may deny you access to the Site if, in its sole discretion, you fail to comply with any Term of this Agreement. Upon any termination of this Agreement by us, you must promptly destroy and cease all use of all copies of all Content and other materials downloaded or otherwise obtained from this Site.
14. Survival
The following Sections survive any termination of this Agreement: Disclaimer of Warranties; Indemnity; Limitation of Liability; Dispute Resolution.