Terms & Conditions for Borrowers
License Grant and Use Restrictions; Your Indemnification
Our Site is intended to provide consumers (“you”) easy access to information about Member Advantage Mortgage (together with its affiliates, “MAM”, “we” or “us”). We grant you a nonexclusive, revocable license to copy or print an unaltered permanent copy of information on the Site for your personal use, for non-commercial purposes only. You may not otherwise copy, modify, publicly distribute, or display, perform, publish, license, create derivative works from, transfer, or sell anything obtained from this Site. You may not remove any copyright notice appearing on electronically stored or printed web pages, nor may you in any way attempt to disassociate the Site’s images, text, and/or content from MAM. You agree that you will not otherwise alter any Site information and will not use (or allow others to use) the Site or any information obtained from it for any wrongful, unauthorized or unlawful purpose and agree to indemnify and hold us and our affiliates harmless from and against any loss, damage, or expense (including attorney’s fees) we or they incur because of any such use.
Information Accuracy – NO WARRANTIES
All information is either generated by us or is obtained from sources believed by us to be accurate and reliable as of the date posted on the Site. However, because of the possibility of human and mechanical error and delayed updates, as well as other factors such as the difficulty of securing a web site from unauthorized alterations or the occurrence of a system breakdown or other unavailability, neither MAM nor any of its affiliates provide any representations or warranties regarding the Site or any information in it. The Site and all information is provided “AS IS” and with all faults, and we make no representations and disclaim all implied warranties of every kind, including warranties or any duties (if any) as to accuracy, timeliness, completeness, suitability, availability, merchantability, and fitness for any particular purpose, or lack of negligence or viruses. We do not provide any warranty against infringement or of quiet enjoyment, and makes no express warranties.
Links to Other Sites
Our Site may contain hyperlinks to sites operated by third parties. When you click on the link, you will leave our Site and go to the linked site. We are not responsible for the contents or use of the linked sites, and their terms and conditions apply.
Computer Virus Information
It is possible to contract a computer virus by using the Internet or materials downloaded from it. We cannot assure you that the Site and any software or other information downloaded from it will be virus- or problem-free and disclaim any liability (if any) for viruses and similar problems. We attempt to keep the Site virus-free, but cannot assure you that our efforts will always be successful.
Security and Attribution
The information you send us is stored on computers that sit behind a firewall to shield it from the Internet. Our firewall met all of the standards required to receive certification by the International Computer Security Association. You communicate with our computer by using your computer’s web browser. Some areas of the Site are secured in order to obtain personal information for customer transactions. We only support browsers that use Secure Sockets Layer (“SSL”) 3.0 and Transport Layer Security (“TLS”) 1.0. You may need to update your browsers occasionally to use the Site. One level of security will be used on the Site: 128-bit encryption. Encryption essentially establishes a secret code for your information that must be unscrambled to read. However, it is not foolproof.
SSL is intended to help ensure that:
The information you send us will not be read by others, and you are in fact dealing with your Lender site, instead of a site impersonating us. You can check this by verifying the Site Certificate Properties. Your information reaches us through SSL to help protect the contents of the message from eavesdropping.
Web Access Authorization Codes (“Authorization Codes”) for access to your account via remote services are for security purposes. They should not be stored on your computer and should not be the same as any of your other codes or passwords. You will be better protected if you change your Authorization Code(s) frequently and do not use the same Authorization Code for any other Internet site. DO NOT DISCLOSE OR OTHERWISE MAKE YOUR AUTHORIZATION CODE(S) AVAILABLE TO ANYONE. IF YOU AUTHORIZE ANYONE TO USE YOUR AUTHORIZATION CODE(S), THAT AUTHORITY MAY BE ATTRIBUTED TO AND OBLIGATE YOU.
If you are ever uncomfortable with reaching us electronically, you may instead use traditional methods of reaching us such as using the telephone or U.S. mail, or by visiting any of our branches (as long as the service is available through those methods).
Damages and Remedies are Limited and Exclusive
NO INCIDENTAL OR CONSEQUENTIAL CHANGES
To the full extent allowed by applicable law, you agree that neither MAM nor any of its affiliates will be liable to you and/or any third party for any consequential or incidental damages (including but not limited to lost profits or lost opportunity), or any other indirect, special, or punitive damages whatsoever, that arise out of or are related to the Site, or any use of it or information in it, even if MAM has been advised of the possibility of such damages. This exclusion of damages includes damages claimed in any cause of action, including but not limited to legal or equitable proceedings and claims relating to contract, tort products liability.
LIMITATION ON DAMAGES AND EXCLUSIVE REMEDY
You agree that your recovery for any damages that you incur shall be limited, at MAM’s election, to: (1) a refund of any amount (if any) you paid for information from the Site or for any use that caused a problem, or (2) correction or replacement of the information.