PLEASE READ

These Terms of Use govern your use of this website. Please read these terms and conditions carefully before using this website. By accessing or using this website, you agree to be bound by these Terms of Use. If you do not agree to all of the terms, please immediately discontinue accessing this website.

Content

This website is owned and operated by Mortgage365 and may provide general information about our products and services. Your eligibility for particular products and services is subject to our final determination, restrictions, and acceptance. We may discontinue or make changes to the information, products, licenses, or services described on this website at any time. Any dated information is published as of its publication date only. We do not undertake any obligation or responsibility to update or amend any such information. We reserve the right to terminate any or all offerings without prior notice. Furthermore, by offering information, products, or services via this website, no solicitation is made by us to any person to use such information, products, or services in jurisdictions where the provision of information, products, or services is prohibited by law.

This website may contain links to third-party websites, such as social media websites, which we do not own or control, but which are being providing for your convenience. If you visit a link to another website, you do so at your own risk subject to the terms and conditions established by the operator of that website. The fact that we provide a link to a website does not necessarily mean we endorse, authorize, or sponsor that third-party website, or that we are affiliated with the third-party website’s owners or sponsors. We reserve the right to terminate a link to a third-party website at any time.

Although we try to provide accurate and timely information on this website, there may be inadvertent, technical, or factual inaccuracies and typographical errors. For these reasons we cannot warrant the accuracy, completeness, or timeliness of the information, text, graphics, links, or other items on this website.

This website’s content, including but not limited to all music, images, icons, text, software, logos, expressions, and ideas, is copyrighted and protected by U.S. and worldwide copyright laws and treaty provisions. In addition, this website’s content is protected by patent and trademark laws, the laws of privacy and publicity, and the various communication regulations and statutes. You are not authorized to post on or transmit to or from this website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, immoral, or profane material, or any other content that could give rise to any civil or criminal liability under the law.

Any commercial use of this website or its content is prohibited. You may print a copy of the information contained on this website only for your personal use. This right may be revoked at any time.

Accessing the 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.

From time to time, due to the performance of maintenance, malfunctions or failures of software, equipment, or telecommunications devices, unusual transaction volume, or similar reasons, the website may not be available for your use. We minimize the periods of time during which website is unavailable. You agree that we shall not be responsible for any loss, damages, costs, or expenses which you may suffer or incur, directly or indirectly, as a result of the unavailability of the website, regardless of whether it could be shown that we could have prevented or reduced the duration of such unavailability by taking any action within our reasonable control. We shall also not be responsible for any loss, damages, costs, or expenses which you may suffer or incur, directly or indirectly, as a result of your inability to access the website caused directly or indirectly, in whole or in part, by your computer or mobile device, your inability to establish a connection to the Internet, your Internet Service Provider (“ISP”), or capacity or other limitations or constraints of the Internet.

We may at any time, with or without cause, and without prior notice to you deny you access to the website. We may terminate these Terms of Use and your access to the website in whole or in part at any time without prior notice to you. In the event we terminate this Terms of Use, any applications you have submitted will continue to be evaluated, and any existing transactions you have entered into with us shall remain in effect.

The website is not intended for use by persons in any jurisdiction or country where such use would be contrary to applicable laws or regulations. We may restrict your access to the website during times you are in a country for which use of the website would be prohibited. You are responsible for compliance with all local laws.

To protect the security of your information, we may require you to authenticate your identity (i.e., prove that you are who you say you are) to conduct certain transactions on this website. It is a good idea to protect your security by always closing your web browser after leaving the website. If you believe that information that you have submitted through the website has been used without your permission, you must tell us immediately. Telephoning us is the best way of keeping your possible losses to a minimum. Call us at 720-826-0656 to report unauthorized access. If you fail to notify us, you may be liable for all unauthorized activity on your account.

You can also contact us at 720-826-0656 regarding technical issues with this website.

SMS Consent

Providing your telephone contact information to us means you have consented in writing to receive SMS communications (text messages) from us. When consenting to messaging notifications, you authorize Mortgage365, our assigns, successors or servicing agents to send SMS Notifications (as defined below) to any phone number provided to us, our assigns, successors or service agents in connection with your account, application, loan, and closing. As used in this text messaging disclosure, “SMS Account Notifications” means any SMS (text message) communications from us to you pertaining to your account or loan transaction sent to the phone number provided in connection with this transaction, including but not limited to application processing status, account information, loan information, information requests, document requests, due dates, delinquent accounts, closings and program updates.

How to Unsubscribe: You may withdraw your consent to receive SMS Account Notifications by replying with “STOP” or by calling us at 720-826-0656 at any time. We may treat your provision of an invalid mobile phone number, or the subsequent malfunction of a previously valid mobile phone number, as a withdrawal of your consent to receive SMS Account Notifications. Any withdrawal of your consent to use SMS Account Notifications will be effective only after we have a reasonable period of time to process your withdrawal.

To request additional information, contact us by telephone at 720-826-0656. In order to access, view, and retain SMS Account Notifications that we make available to you, you must have: (i) a SMS-capable mobile phone, (ii) an active mobile phone account with a communication service provider; and (iii) sufficient storage capacity on your mobile phone.

All SMS Account Notifications in electronic format from us to you will be considered “in writing.”

There is no service fee for SMS Account Notifications, but you are responsible for any and all charges, including but not limited to fees associated with text messaging, imposed by your communications service provider. Please consult your mobile service carrier’s pricing plan to determine the charges for sending and receiving text messages. These charges will appear on your phone bill. Message frequency depends on account status or settings. We may modify or terminate our text messaging services from time to time, for any reason, and without notice, including the right to terminate text messaging with or without notice, without liability to you.

Your Information

During the process of your mortgage application you may submit certain information to us. We do not claim ownership of the materials you provide (including feedback and suggestions), post, upload, input, or submit to Mortgage365 (collectively “Your Information”). However, by posting, uploading, inputting, providing, or submitting Your Information, you are granting us, and any vendors necessary to the course of your transaction permission to use Your Information to fulfill your request for services. That permission includes allowing us to copy, distribute, transmit, publicly display (we will never publicly display your non-public personal information), reproduce, edit, translate, and reformat Your Information. Please note that specific terms and conditions provided on the web page describing a particular feature or offer, may supersede this provision.

Consent to Employment Verification

By providing us with your employment information you are providing written consent permitting us to contact third-parties as necessary to verify your income and employment.

Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY ARISE IN CONNECTION WITH THIS WEBSITE, OR FROM YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE OR ANY INFORMATION PROVIDED ON THIS WEBSITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; OR DISCLOSURE OF INFORMATION WHEN REPLYING TO YOU BY E-MAIL OR OTHER ELECTRONIC MEANS OR RECEIVING E-MAILS FROM YOU; EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

THIS WEBSITE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY VIRUSES THAT MAY INFECT OR DAMAGE YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING OF THIS WEBSITE, THE WEB, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS WEBSITE OR THE WEB.

WE DO NOT WARRANT NOR REPRESENT THAT YOUR USE OF MATERIALS DISPLAYED ON THIS WEBSITE WILL NOT INFRINGE RIGHTS OF THIRD PARTIES NOT OWNED OR AFFILIATED WITH US.

You agree to indemnify and hold us harmless from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys’ fees and costs, incurred by us in connection with any claim by a third party (including any intellectual property claim) arising out of your use of the website in violation of these Terms of Use or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without our written consent.

Other Terms & Conditions

These Terms of Use will be governed by the laws of the United States and the State of Colorado without giving effect to any conflict of laws to the contrary.

No failure, omission, or delay on our part to exercise any right under these Terms of Use will preclude any other further exercise of that right or other right under these Terms of Use.

If any terms in these Terms of Use change due to applicable law or are declared invalid by order of a court, the remaining terms of these Terms of Use will not be affected, and these Terms of Use will be interpreted as if the invalid terms had not been placed in these Terms of Use. The headings in these Terms of Use are intended only to help organize these Terms of Use.

Changes to these Terms of Use

You agree that we may from time to time amend all or any part of these Terms of Use, including, without limitation, establishing, increasing, or decreasing the fees and charges for products and services made available through this website and changing the features and functionality to this website. We will notify you electronically of any change to these Terms of Use as required by applicable law. Your use of the website after the effective date of the change shall constitute your agreement to be bound by the terms of the change. You should also review these Terms of Use periodically for any changes.

Last Updated: 10/26/2020

Effective Date: 10/26/2020

At Mortgage365 (“Mortgage365”, “we”, “us”), we believe strongly in protecting our customers’ privacy. We know your privacy is important to you, which makes it important to us. This Privacy Policy describes how we collect and use the personal information that we collect about you through www.Mortgage365.com, our onboarding process, mobile applications, products, and services (collectively, the “Website”), or when you otherwise interact with us.

By continuing to use the Website, you agree to this Privacy Policy and the collection, use, disclosure, and storage of your personal information as described by this Privacy Policy.

Information We Collect

When you use the Website, we may collect personal information about you, such as your name, address, social security number, telephone number, email address, asset information, income information, or any other information that you submit on applications or other forms made available through the Website.

We may also collect personal information about you from third-party sources, which we may combine with information that you provided to us or we previously collected. For example, we may receive information from a social media service about you if you use a social media account to log into the Website.

We also automatically collect certain information related to you and your activities on the Website when you visit the Website. This information includes information such as your IP address, your internet browser and operating system type, the date and time of your visit, and the website that referred you to us.

Cookies and Other Tracking Technologies

Our Website uses cookies and other tracking technologies, such as web beacons (otherwise known as pixel tags). A “cookie” is a small file placed on your computer that helps us to recognize your browser. We use both first and third-party cookies and tracking technologies on the Website. These cookies and tracking technologies may collect your personal information. We may use cookies and tracking technologies to monitor how the Website is used, customize content, serve advertisements and evaluate the effectiveness of our advertising campaigns, identify problems with the Website, improve the Website, analyze Website traffic and other analytics purposes, monitor the security of the Website, and gauge the effectiveness of our communications. Most web browsers allow you to adjust your preferences to reject cookies or to receive notifications before they are placed. If your browser is set to reject cookies, you may continue to use the Website, but some aspects of the Website may not function as intended.

Tracking

Our first-party cookies and tracking technologies do not track users over time and across third-party websites, and therefore the Website does not respond to web browser do-not-track signals.

We also use third-party cookies to serve targeted advertisements on both the Website and on third-party websites. These cookies may track users over time and across third-party websites and services. Please note that if you opt-out of advertising cookies, you may still see our advertisements on third-party websites and services.

How We Use Collected Information

We use personal information and anonymous information for the following purposes:

• To complete and fulfill your loan application;
• To respond to and fulfill your requests;
• For our marketing efforts, such as to send you marketing communications that we believe may be of interest to you;
• For our business purposes, such as for analysis and to develop new products and services;
• To improve the Website and for analytics purposes; or
• For any other purpose to which you consent.

How We Share Personal Information

We will only share personal information with third-parties as described in this Privacy Policy. We may share personal information with third-parties:

• Such as vendors who provide employment verification, degree verification, title, document import, or other necessary services;
• For any purpose to which you expressly consent;
• To protect our rights or the rights or safety of others; and
• As may be required by law or regulation.

We limit the information that we send service providers, and require that our service providers only use shared personal information to perform the services requested in accordance with this Privacy Policy and have adequate security measures in place to protect any of your shared personal information.

For example, after you authorize us to verify your credit history, we send the minimal set of information needed (potentially including your social security number) to ensure we are requesting the correct record in an encrypted form to the relevant credit bureaus with the sole purpose of retrieving your credit report and associated credit history data. We would not send the same level of information to a service provider where it is not essential to perform their services.

In the event that we enter into a corporate transaction, such as a reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings), personal information that we have collected may be transferred in the course of that corporate transaction to the relevant third party purchaser, joint venture partner, merged entity, assignee or similar party.

How We Protect Personal Information

We use reasonable physical, technical, and administrative security measures to protect personal information we collect from loss, misuse, unauthorized access, or improper disclosure. For example, we use encryption technologies when transmitting information to and from the Website and with our third-party service providers. Please understand that no security technology is completely secure, and remember that when communicating with us, email is not a secure form of communication when transmitting sensitive or personal information.

Links to Other Websites

The Website may contain links to third-party websites, such as social media websites. This Privacy Policy is only applicable to this Website, and we have no control of these third-party websites’ information practices. Please be sure to review these third-party websites’ privacy policies before visiting these third-party websites.

Children’s Privacy

This Website is not intended for persons under the age of 18. We do not knowingly collect, maintain, or use personal information from children under the age of 18. If we become aware that a child under the age of 18 has submitted personal information to us through the Website, we will immediately delete such information.

Access to and Control Over Information

You may opt-out of any future marketing contacts from us at any time. You can do the following by contacting us via the email address or phone number given on our website:

• See what data we have about you, if any;
• Change/correct any data we have about you;
• Delete any information about you that we are not required by law to keep; and
• Express any concern you have about our use of your data.

Updates to this Privacy Policy

We reserve the right to update this Privacy Policy at any time. Any changes will be immediately effective upon the posting of the updated policy. Your continued use of the Website after these updates are posted represents your consent to the terms of the new Privacy Policy. Please regularly check this Privacy Policy for any such updates.