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Terms of Use

Terms of Use

AGREEMENT BETWEEN USER AND Fairway Independent Mortgage Corporation

The Fairway Independent Mortgage Corporation Web Site (the “Site”) is comprised of various Web pages operated by Fairway Independent Mortgage Corporation (“Fairway”).

The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Fairway reserves the right to change the terms, conditions, and notices under which the Site is offered, including but not limited to the charges associated with the use of the Site.

LINKS TO THIRD PARTY SITES

The Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Fairway and Fairway is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Fairway is not responsible for webcasting or any other form of transmission received from any Linked Site. Fairway is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Fairway of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Site, you warrant to Fairway that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites.

USE OF COMMUNICATION SERVICES

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

Fairway has no obligation to monitor the Communication Services. However, Fairway reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Fairway reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Fairway reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Fairway’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Fairway does not control or endorse the content, messages or information found in any Communication Service and, therefore, Fairway specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Fairway spokespersons, and their views do not necessarily reflect those of Fairway.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Credit Score Monitoring

If you use Fairway’s Credit Services Monitoring, the following terms and conditions also apply to you.

Fairway offers you the opportunity to obtain your credit score from a single credit reporting agency for the purpose of allowing you to monitor your credit score. Obtaining the service also enables Fairway to offer you additional tools related to your credit information. When you elect to use credit score monitoring, you agree to the following terms and conditions:

  • You authorize and instruct Fairway to obtain your full credit reporting information from a credit reporting agency on a regular recurring basis (e.g., weekly) until such time that you terminate the Credit Score Monitoring.
  • Fairway’s service includes present your credit score and other elements in your credit report to you. Fairway does NOT undertake any responsibility to monitor your credit report for activity, identify theft, or any other actions. Fairway’s service enables YOU to monitor your credit score.
  • The credit score obtained by Fairway and presented to you is for your own use and for your education.
  • The credit score is obtained from a single credit reporting agency and may be different from the credit reporting information used by other institutions or lenders or creditors.
  • If Fairway provides any simulations or hypothetical estimates of credit score changes, these are for educational purposes only and are not a guarantee of any outcome.

  • We reserve the right to remove accounts for reasons not limited to: 1) inactivity for a period of longer than 6 months; 2) duplicate accounts; 3) fraudulent activity; 4) at the consumer’s request, or other reasons deemed necessary.
  • Fairway will obtain and keep your credit reporting information and use it for the purposes permitted in Fairway’s Privacy Notice. Fairway’s uses of your information may include:
    • Fairway may use your credit information to serve targeted advertisements to you and other communication based on your information.
    • Fairway may present offers to you for other Fairway products and services using your credit information to identify if you are likely to be eligible or interested.
    • Fairway may use your credit information for statistical analysis to improve Fairway products and services.
  • You may obtain your own credit report without using Fairway. You have the right to a free credit report from the website AnnualCreditReport.com or by calling (877)322-8228.

  • If you choose to apply with Fairway, we will need to pull a full credit report in which you will be responsible for the cost. Fairway is not able to use your credit file pulled via the credit monitoring platform as your application for a mortgage. Please note that your score obtained on your loan application credit report may differ from your credit monitoring score.

Fairway is not a credit reporting agency or a credit repair company. Fairway does not and will not undertake any credit repair on your behalf. To the extent Fairway offers you any suggestions regarding improving credit scores or any simulation of your score based upon assumptions, such information is for your education and consideration, and is not intended to be financial advice.

MATERIALS PROVIDED TO Fairway OR POSTED AT ANY Fairway website

Fairway does not claim ownership of the materials you provide to Fairway (including feedback and suggestions) or post, upload, input or submit to any Fairway website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Fairway, Its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Fairway is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Fairway’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE

THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Fairway AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Fairway AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS”

WITHOUT WARRANTY OR CONDITION OF ANY KIND. Fairway AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Fairway AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE

USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,

SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Fairway

Independent Mortgage Corporation OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO

YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING

THE SITE SERVICE CONTACT: coralb@fairwaymc.com

TERMINATION/ACCESS RESTRICTION

Fairway reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.

GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Mateo County, California, U.S.A. in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fairway as a result of this agreement or use of the Site. Fairway’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Fairway’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Fairway with respect to such use. 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. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Fairway with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Fairway with respect to the Site. 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 an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Site are: and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.