Terms of Use Policy

Last Updated: 01/01/2009

Please read the following agreement ("Agreement") in its full entirety and carefully prior to using this Website ("Site"). This will be construed as the FHA.com TERMS OF USE AGREEMENT. The Terms of Use Agreement governs your use of the FHA.com Website. Please read this Terms of Use Agreement ("Agreement") carefully. Accessing and use of this Web site and any pages hereof constitutes your agreement to be legally bound by the terms and conditions below. The site is subject to additional disclaimers and notices that may appear through the Site. FHA.com reserves the right, in its sole discretion to modify, alter or otherwise update the terms of use at any time. If you do not agree to be bound with the terms, YOU MAY "NOT USE" THE SERVICE.

1. EXPLANATION OF THE SERVICE OFFERED
   
   Completion of the Loan Information Form - You agree that all of the information that you are providing through the FHA.com website loan information form is accurate, truthful and complete. You are not misrepresenting your identity or your relationship with any other person or entity. You hereby authorize and allow FHA.com to submit your Loan Information Form to a trusted third party lender / broker who is authorized to originate loans in your jurisdiction. By completing the loan information form and submitting the Submit Application button, you are consenting to be contacted by one or more Providers either by mail, email or telephone, even if you have previously listed yourself on any private, state or Federal Do-Not-Call List. You agree that any provider may maintain the information provided to FHA.com whether or not you choose to use their services. Should you choose not to be notified by the provider, you will need to notify the provider directly.
2. FUNCTION OF FHA.COM
   
   The website acts solely as a marketplace for you to find and transact with others who offer services you are requesting. FHA.com is not a lender or mortgage broker and does not make mortgage loans or credit decisions in connection with loans. FHA.com is a private company and is not associated with the federal government or HUD / FHA. FHA.com is not a party to any agreement you may make with a lender or broker with regard to any loan product or other product or service. FHA.com does not endorse, warrant or guarantee the products or services of any user of the website or the service offered. FHA.com does not charge the visitor any fees to use our services. FHA.com is paid a fee by the participating provider, lender / broker.
3. LIMITATION OF LIABILITIES
   
   All information, services and products, providers, lenders, brokers or any other entity on the FHA.com web site shall not be liable for any indirect, incidental, special or consequential damages resulting from the use or the inability to use the service or for any costs to find alternate services. Use on the FHA.com site is at your own risk. Some jurisdictions do not allow this notice as a disclaimer, so this may not apply to you which may allow other legal rights. Under no circumstances will any damages provided by law apply unless they are required to by statute.
4. DISCLAIMER OF WARRANTIES
   
   You agree that use of any services on FHA.com is "At Your Own Risk" and services provided are "As Is". FHA.com and all of its participating providers explicitly disclaim any warranty of any kind, whether express or implied, as to any services and products offered herein including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. FHA.com and its service providers make no warranty that the service will meet your requirements, or that the service will be uninterrupted, timely, secure, or error free, nor does FHA.com and its service providers make any warranty as to the results that may be obtained from the use of this service as to confidentiality or privacy of any users information, except for as described and set forth in the FHA.com Privacy Policy. Some jurisdictions do not allow this notice as a disclaimer, so this may not apply to you which may allow other legal rights. Under no circumstances will any damages provided by law apply unless they are required to by statute.
   
   FHA.com takes commercially reasonable steps to safeguard information and to prevent any unauthorized access to your information and we cannot be responsible for the acts of those who gain unauthorized access and we make we make no warranty, express, implied or otherwise that we will prevent unauthorized access to your private information. In no event shall FHA.com be liable for any damages arising out of a Third party's unauthorized access to your information and regardless of whether FHA.com was given actual notice that damages were possible.
5. INDEMNIFICATION AND RELEASE
   
   You hereby agree to hold FHA.com, its subsidiaries, affiliates, officers, employees and service providers harmless from any claim or demand, including reasonable attorney's fees made by any third party due to or arising out of use of the service, the violation of this agreement by you or the infringement by you, or any other user of the service.
   
   
   You hereby release and forever discharge FHA.com and its service providers including but not limited to their respective agents, officers, directors, employees, suppliers, licensees and any connected persons from any and all manner of claims, complaints, demands and liabilities, arising from or related to your use of the service.
6. ACCURACY OF INFORMATION ON THE SITE
   
   It is the goal of FHA.com to have accurate and reliable information; however, FHA.com does not guarantee the site to be error free.
7. THIRD PARTY LINKS
   
   FHA.com may contain links to external web sites owned and maintained by third party companies for your convenience. FHA.com does not endorse and are not responsible for the availability of these sites. Your use of them is solely at your own risk.
8. OWNERSHIP AND TRADEMARKS
   
   The site is owned and operated by FHA.com. All the material on FHA.com, including but not limited to trademarks, service marks, design, graphics, images, logos, collectively (the Content) is the property of FHA.com and / or its service providers and participating lenders / brokers. Your use of the site does not transfer to you any ownership or rights of the content. Permission is granted to electronically copy and to print hard copy portions of this site for the sole purpose of placing an inquiry or request from FHA.com for products or services at this site. Any other use is including duplication, framing of pages, and use of the site for public or commercial purposes is strictly prohibited without the prior written consent of FHA.com.
9. DISPUTE RESOLUTION
   
   By using the FHA.com site, you consent and agree to waive any rights you may have to trial by jury concerning any dispute with the services or cause of Action ("Claims") arising out of or in connection with the provisions of this Agreement. Any claim or controversy arising out of or relating to the use of this Web site, to the goods or services provided by any provider, or to any acts or omissions for which you may contend FHA.com is liable, including but not limited to any claim or controversy as to arbitrarily ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitration shall be venued in Harris County, Texas except for Maine consumers for whom the location shall be a place reasonably convenient to the consumer. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to FHA.com.
10. BINDING ARBITRATION
    
    THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND FHA.COM WILL BE RESOLVED BY BINDING ARBITRATION. YOU THEREFORE GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using FHA.com's goods and services you consent to these restrictions.
    
    Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and FHA.com, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Harris County, Texas. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees.
    
    The arbitrators shall not have the power to award damages in connection with any in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto.
11. APPLICABLE LAW, ENTIRE AGREEMENT, OTHER TERMS
    
    This Agreement constitutes the entire agreement between you and FHA.com and it supersedes all prior or simultaneous communications, promises and proposals, whether oral, written or electronic, between you and FHA.com with respect to this Web site and information and services associated with it. This site, FHA.com (excluding any linked sites) is owned and operated by FHA.com which is domiciled in the State of Texas, Harris County, United States. The site can be accessed from around the world and other jurisdictions have varying laws and guidelines that may or may not differ from those of the State of Texas. Both you and FHA.com agree that the statutes and laws of the State of Texas, without regard to any conflicts of laws, will apply to all matters arising from or related to the use of FHA.com.
    
    If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

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