This website is owned and operated by National One Financial Services, Inc. 7040 Hayvenhurst Ave. Lake Balboa CA 91406, which is referred to below as “N1FS” or “we” or “us” or “Company” or “our.”
ACCEPTANCE OF TERMS
YOU AGREE THAT:
you will only access or use this website and transact business with us if you are at least 18 years old,
You agree that you will not use or attempt to use this website for any purpose other than conducting mortgage banking related business with N1FS as a bona fide client of N1FS; you may not use or attempt to use this website or any part of this site for any purpose
that interferes with or induces a breach of the contractual relationships between N1FS and its employees,
that is any way unlawful or prohibited, or that is harmful or destructive to anyone or their property,
that transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited e-mail, unsolicited commercial communications,
that transmits any harmful or disabling computer codes or viruses,
that harvests e-mail addresses from this site,
that transmits unsolicited e-mail to this site or to anyone whose e-mail address is included the domain name on this website,
that interferes with our network services,
that suggests an express or implied affiliation with N1FS or broker relationship with N1FS (without the express written permission of N1FS),
that impairs or limits our ability to operate this website or any other person’s ability to access and use this website, and/or
that uses any methods, means or devices to click on to this website or cause a visit to this website for the purpose of manipulating the results of any Internet search engine, or for any other purpose other than conducting mortgage banking related business with N1FS as a bona fide client of N1FS.
N1FS is licensed as set forth in the Licenses section, which is incorporated into this Agreement by reference.
ACCESS TO THIS WEBSITE
N1FS reserves the right at all times, in its sole discretion and without notice to you, to deny your access to and use of this website.
USE OF THIS WEBSITE
You agree and acknowledge that you have the sole responsibility and liability for your use of this website and for providing or obtaining, and for maintaining, all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary or desirable for you to access and use this website.
WEB PAGE CONTENT
You acknowledge and agree that:
all content, Web pages, source code, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, “look and feel”, and the operation of this website (collectively “Web Page Content”) are protected by various intellectual property laws, including, but not limited to, copyrights, patents, trade secrets, trademarks, and service marks; and
all rights associated with the Web Page Content are owned by N1FS, its licensors, or content providers.
Furthermore, you acknowledge and agree that you do not acquire any ownership rights by downloading or viewing any Web Page Content. You further acknowledge and agree that you will not in any way copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, transmit, modify, adapt, reverse engineer, frame in any Web page, or alter the appearance of any Web Page Content. You may not use Web Page Content, domain names (in whole or in part), or e-mail addresses related to or derived from this website, nor any data, trademarks, functionality, service marks, trade names, brand names and/or logos contained within or derived from this website, for any purpose; meaning that you may not, among other prohibited uses, use any Web Page Content, domain names, e-mail addresses, data, trademarks, service marks, trade names, brand names and/or logos on or derived from this website:
in or as any meta-tag or hidden text;
in or as part of any contextual marketing directory, index, or triggering term;
as content or advertising related to any other website including, but not limited to, comparative/informational websites; and/or
as a variable or data element in any algorithm that causes another Internet browser to appear on, over, or at the same time as the Company’s website or controls the content of any other Internet browser window.
MORTGAGE LOAN SERVICES
N1FS offers loan origination services to borrowers and is generally compensated for such services by the borrower. You should rely on your own judgment in deciding which available loan product and terms best suits your needs and financial means. You understand that N1FS may keep your loan request information and any other information provided by you in the processing of your loan request, whether or not you are qualified for a loan or if you make a loan with N1FS. You agree to notify N1FS directly if you no longer want to receive communications.
The Websites and the services provided by N1FS are available in connection with mortgage loans made on real property located in the fifty states and the District of Columbia unless otherwise specified. Loans may only be made to residents of, or secured by real property located in, states where N1FS is licensed or authorized to make such loans. N1FS expressly reserves the right to discontinue, suspend or terminate the offering of any loan product in any specific state through the Websites at any time, without prior notice.
N1FS does not guarantee acceptance into any particular loan program or specific loan terms or conditions; loan approval standards are established and maintained solely by the secondary market investors to whom N1FS transfers its loans. Likewise, but subject to any promotional low price guarantee that may be offered by N1FS from time to time, N1FS does not guarantee that the loan terms or rates offered are the best terms or lowest rates available in the market. A loan offer may be subject to market conditions, approval and qualification. The rates and fees actually provided may be higher or lower depending on your complete credit profile, collateral/property considerations including but not limited to location, equity and value and income/asset consideration including but not limited to loan to value and debt to income ratios. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for a loan offer, loan commitment or interest rate lock-in agreement. N1FS may not offer all products and may not offer products in all states. To help the government fight identity theft, the funding of terrorism and money laundering activities, N1FS will obtain, verify and record information that identifies each person and N1FS may ask for your name, Social Security Number, address, date of birth and other important information that will allow us to properly identify you. During the application process, N1FS may also ask to see your driver’s license or other identifying documentation.
By clicking on any button indicating an acceptance or agreement to terms, a continuance of processing or submission (“submission”) you understand that you are agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry for a loan product through N1FS. By this submission, you are extending an express invitation to N1FS to contact you by telephone at the number(s) you have provided so we may assist you with your transaction, and you hereby consent to any such calls even if your phone number is on any Do Not Call (or similar) list, or by email at the email address you provided or at another address that may be associated with you and you hereby consent to any such email so it will not be considered spam or unauthorized by any local, state or federal law or regulation. By saving your information with N1FS or by completing a submission, you give N1FS permission to retain all such provided information and to make live or recorded calls to discuss, provide or remind you of any information in regards to your submission, including incomplete applications, deadlines, quality of services or other matters in connection with your submission. For any service, you represent that all of the information you have provided in your submission and application is true and complete. You also authorize N1FS, along with any additional secondary market investors necessary to complete your loan transaction, to request from one or multiple credit bureaus / reporting agencies, your credit bureau report including any ancillary credit scores or ratings and to check your credit and employment history.
All loans are originated and closed by N1FS, then sold to the wholesale mortgage bank or investor. As in the case of most lenders, N1FS may require a fee to lock-in your rate or to start the appraisal or application process and to complete the processing and underwriting of your loan application.
MORTGAGE STATUS PORTAL
On occasion, the Websites may offer the ability to find real-time status of your loan’s progress. The accuracy of such progress or status in not guaranteed to be accurate, though N1FS intends that all status information is accurate and up-to-date. Reasons for inaccuracy may be due to user error and/or failure to provide accurate information or documentation when requested. If there is reason to believe that the information contained in any loan status data found on the Websites is inaccurate, please contact your account manager or loan officer. Nothing contained in the Mortgage Status Portal shall be construed as replacing, supplementing or acting as any type of mortgage loan-related disclosure that may be required by state, federal or local law(s).
N1FS, its secondary market investors and providers may choose to electronically deliver all information related to its services and your requests. N1FS, its secondary market investors and providers electronic communications to you may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional explanation, any notices required under applicable law, which may include any Federal Truth-in-Lending disclosures, other terms, conditions and documents, and the privacy policies of N1FS, its secondary market investors and providers. You agree to receive all current and future notices, disclosures, communications and information, and to do business electronically with N1FS, its secondary market investors and providers. This means that N1FS, its secondary market investors may communicate with you by sending a message to the email address you provided or at another address that may be associated with you that we receive from its secondary market investors and providers or other parties. You agree that you meet the below technical requirements and are able to access and retain copies of notices and information sent or made available electronically.
To access and retain information and notices we send or make available to you electronically, you will need:
Internet access with 128-bit encryption
Adobe Acrobat Reader 6 or higher
Ability to Print Internet Explorer 6 or higher
Netscape 8.04 and above (Use in IE mode)
Email Access or Firefox version 1.5
Not Responsible For Links to Other websites: For your convenience, this website may provide links to other websites on the World Wide Web. Unless expressly stated otherwise on this website, N1FS does not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, services, calculations, information, products or materials available at or through any websites to which this website may provide a link. By using this website you acknowledge and agree that N1FS will not be responsible or liable to you or any other person for any damages or claims that might result from your use of such content, services, calculation, information, products or materials.
No Advertising / No Links: N1FS does not permit third-party advertising on this website. Except with the written permission of N1FS, you agree that you will not create links from any website or Web page to this website or any Web page within this website.
REVISIONS AND MODIFICATIONS
You understand and acknowledge that N1FS controls and operates this website from within the United States of America. This website provides information regarding services and products that are made available in the United States only. We make no representation that the services or products about which information may be provided on this website will be available (a) anywhere outside of the United States or (b) in every state within the United States. You acknowledge and agree that you are responsible for compliance with all federal, state and local laws applicable to your access to and use of this website.
USER IDs AND PASSWORDS
Certain areas or features of this website may be restricted to users who have obtained a user identification and password by completing a registration process described on this website. Please be sure to protect and maintain the confidentiality of any user identification, password or other identifying information you may obtain in connection with your use of this website. You agree to notify N1FS immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this website by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this website that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.
PRIVACY AND SECURITY
THE WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, N1FS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. N1FS MAKES NO REPRESENTATION OR WARRANTY REGARDING THE WEB PAGE CONTENT OR ITS USE THEREOF. THE WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND COULD BECOME INACCURATE BECAUSE OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES OF PREPARATION OR PUBLICATION. N1FS HAS NO OBLIGATION TO MAINTAIN THE CURRENCY OR ACCURACY OF ANY WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE.
YOU ACKNOWLEDGE AND AGREE THAT N1FS IS NOT, AND SHALL NOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS WEBSITE OR ITS OPERATION. AS TO THE OPERATION OF THIS WEBSITE, N1FS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. N1FS MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE OPERATION OF THIS WEBSITE WILL MEET YOUR OR ANY OTHER USER’S REQUIREMENTS; (B) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) ANY DEFECTS IN THIS WEBSITE WILL BE CORRECTED. YOU AGREE THAT YOU, AND NOT N1FS, WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS WEBSITE.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL N1FS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES OR INJURY CAUSED BY ERROR, INACCURACY, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, TELECOMMUNICATIONS FAILURE OR COMPUTER VIRUS OR OTHER PROBLEM, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE, WHETHER IN AN ACTION ALLEGING BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE. YOU AGREE THAT N1FS SHALL NOT BE LIABLE EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY 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 OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL N1FS‘S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN ACCESSING OR USING THIS WEBSITE OF WEB PAGE CONTENT THEREON.
COMMUNICATIONS WITH COMPANY
Time Sensitive Instructions: When communicating with us through this website, PC-talk, chat or via e-mail, do not use the website, PC-talk, chat or e-mail to communicate any time-sensitive instructions that are in any way related to or affect your loan, loan application or closing (such as interest rates locks, cancellation of a closing, rescissions, or the like). Such instructions may not be honored. All transactions conducted on this website, PC-talk, chat or via e-mail, must be confirmed in writing by us to be accepted by and binding upon us.
Loan Approvals: All loan approvals, pre-qualifications, pre-approvals, rate locks, deposit and refund agreements, and the like, are only made by N1FS in writing. Approvals, pre-qualifications and pre-approvals are conditional in accordance with their terms except as specifically provided for in writing by N1FS.
E-Signature: General communications through this website, PC-talk, chat or via e-mail are not intended by us to constitute either an electronic record or an electronic signature, or to constitute any agreement by the sender to conduct a transaction by electronic means, unless a specific statement to the contrary is included in the message and specific e-signature procedures are employed. However, your assent to a “click to accept” button or box is binding upon you.
Recording & Monitoring of Communications: Your communications with us via the website, PC-talk, chat e-mail, and telephone may be recorded or monitored and by using such communications methods you are consenting to the recording or monitoring of the same.
CONTACT METHODS AND OPT-OUT
Permission to Be Contacted: By submitting information to N1FS through this website or otherwise, you are making an inquiry as to lending programs and services offered by N1FS and give N1FS permission to contact you through e-mail, fax, or telephone, or any means, even if your phone number is on a “Do Not Call” list.
Permission to Share Your Information: When you “submit” information through the N1FS’s website or otherwise, N1FS may send your information to its affiliates.
APPLICATION OF ADDITIONAL TERMS
AGREEMENT TO PROVIDE ACCURATE INFORMATION
In making a loan inquiry, application or in entering into any other transaction or request for information on this website, you agree to provide accurate, true, current, and complete information upon which N1FS may rely.
YOUR COOPERATION NEEDED
N1FS generally begins processing your application (which may include ordering an appraisal, credit report, title commitment and other necessary items) upon the submission of a full and complete application. If you submit an application, you agree to cooperate in the application process (including submitting all required documentation in a timely manner) and if needed, to obtain information N1FS may need from third parties such as your bank, employer, current mortgage company, etc. In addition, you agree to notify N1FS of any changes in any information submitted in connection with your application.
While N1FS will use all of its reasonable efforts to have your application fully processed and closed on or before any applicable rate lock expiration date (if any) and/or anticipated closing date, some processes are not under our control. For instance, N1FS cannot be responsible for delays in loan approval or closing due to: the untimely receipt of an acceptable appraisal; the untimely receipt of required documentation; your existing home not selling; matters disclosed by a title commitment or survey; or any other matters beyond N1FS’s reasonable control.
DEPOSIT / REFUND POLICY
When you submit a loan application, N1FS will begin to process your application and, as a result, will advance on your behalf costs for certain third party expenses. If you do not fully cooperate in or complete the application process (including submitting all required documentation in a timely manner), choose to withdraw your application, or choose not to close the transaction for any reason, you may be required to pay for some or all of N1FS third party costs
Any claim or controversy arising out of or relating to the use of the Websites, to the goods or services providPed by N1FS, or to any acts or omissions for which you may contend N1FS is liable, including but not limited to any claim or controversy as to arbitrability (“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 Mecklenburg County, North Carolina 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 N1FS. In any arbitration, N1FS will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party, provided, however, that in Maine any cost to the consumer shall be limited to the cost of filing a court case. To begin the arbitration process, a party must make a written demand therefore.
Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Mecklenburg County, North Carolina. The arbitrators shall not have the power to award damages in connection with any Dispute 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, except in Maine where state law will control all rights and remedies in the arbitration. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND N1FS WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS 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, and 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 N1FS’s goods, facilities 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 N1FS, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Mecklenburg County, North Carolina. 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.