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Submitted URL:
https://www.njdownpaymentassistance.com/
Effective URL:
https://www.blink.mortgage/app/signup/p/nexamortgage/shelliecarter
Submission: On July 21 via api (July 21st 2024, 5:19:40 pm UTC) from US — Scanned from DE

Form analysis
1 forms found in the DOM

POST

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These Terms of Use, and our Privacy Policy, as each is amended from time to
time, apply to you when you view, access or otherwise use the web site located
at https://www.blink.mortgage (the “Website”). The Website is owned by NEXA
Mortgage. (““NEXA Mortgage””), which is headquartered in Chandler, AZ. For the
purposes of these Terms of Use, the terms “we,” “us” and “our” refer to “NEXA
Mortgage” and “you” or “your” refer to a user of this Website. (a) Only
authorized users who have entered into a separate license agreement with “NEXA
Mortgage” may use our products and services. These Terms of Use (“Terms”) govern
your use of the Website only, but do not authorize you to access or use our
proprietary mortgage industry software. If you are interested in requesting a
demo of our proprietary software, please contact us. All site visitors are
subject to these Terms of Use and must be over the age of 18. By accessing or
using the Website, you are acknowledging that you are over 18 years of age, and
that you have read, understand, and agree without limitation or qualification to
be bound by these Terms. If you do not agree with these Terms or are not over
the age of 18, you do not have the right to access or otherwise use the Website
and, accordingly, you should not do so. “NEXA Mortgage” reserves the right to
modify these Terms from time to time without notice.

By accessing or using the Services, you acknowledge that you are considering
NEXA Mortgage as your Loan Officer. You acknowledge and agree that you are
entering into a lawful consumer relationship with NEXA Mortgage. You have no
obligation to work with NEXA Mortgage, and you may terminate your use of the
Services provided by NEXA Mortgage at any time. You represent that you have a
bona-fide interest in the purchase, sale, or refinance of real estate through
NEXA Mortgage. Any information you obtain from the Services is intended for your
personal, non-commercial use. You agree to not copy, redistribute, or retransmit
any data or information provided through the NEXA Mortgage except in connection
with your consideration of the purchase, sale, or refinance of real property.
You acknowledge that the individual multiple listing service (MLS) which
supplies the listing data owns the rights to such data, and you acknowledge the
validity of the MLS’s copyright of such data.

The Services offered by us are based in the United States. We may change,
suspend, or discontinue all or any part of the Services, or deny you access to
all or any part of the Services, without notice and without reason. By accessing
the Services, you agree that you will not:

* Use the Services for any unlawful purpose, impersonate any person or entity,
or misrepresent your affiliation with a person or entity;
* Reproduce, modify, distribute, display, or otherwise provide access to,
create derivative works from, decompile, reverse engineer, or disassemble any
software or other products or processes accessible through the Services,
except as explicitly permitted under these Terms;
* Obscure, block, or interfere with any advertisements or safety features on
the Services;
* Circumvent, remove, alter, degrade, or thwart any protections in the
Services, or use the Services to collect any market research;
* Use automated means, including spiders, robots, crawlers, or data mining
tools, to download or scrape data from the Services, directly or indirectly,
except for Internet search engines (e.g., Google) and non-commercial public
archives (e.g., archive.org) that comply with our robots.txt file;
* Take any action that imposes or may impose (in our discretion) an
unreasonable load on our technical infrastructure; or
* Interfere with the proper operation of the Services through the use of any
virus, device, information collection or transmission mechanism, software or
routine, or access or attempt to gain access to any data, files, or passwords
related to the Services through hacking, password or data mining, or any
other means.

ELIGIBILITY

You must be at least 18 years of age to use the Services. By agreeing to these
Terms, you represent and warrant that:

* You are at least 18 years of age.
* You have not previously been suspended or removed from use of the Services.
* Your registration and your use of the Services is in compliance with all
applicable laws and regulations.

ACCOUNTS AND PASSWORDS

To access some features of the Services, you may be required to register for an
account. When you register for an account, you may be required to provide us
with some information about yourself, such as an email address or other contact
information. You agree that the information you provide is accurate and that you
will keep it accurate and up to date at all times. You are responsible for
maintaining the confidentiality of your usernames and passwords associated with
your account and the Services. You must notify us immediately of any
unauthorized use of your account. You may be liable for losses or damages
incurred by us or any other user of the Services due to someone else using your
username, ID, password, or other information which provides access to the
Services. We are not liable for any loss or damage you may incur as a result of
your failure to comply with these requirements.

By registering as a user on the Services, you expressly authorize NEXA Mortgage
to access certain third-party websites and accounts on your behalf, to retrieve
personal information and other information about you for any legitimate business
purpose, subject to applicable law and our Privacy Policy. You agree that we may
collect and use technical and usage data and related information about your
computer or mobile device, date and time of Services access, system and
software, and peripherals to facilitate the provision of product support and
other services to you. You grant permission to us to use this information to
improve products, to provide services or technologies to you, and to provide
advertising content, including working with third parties who provide targeted
advertising content. Features of the Services may request access to information
contained or generated in your computer or mobile device, including location
services. If you deny access to these functions, the Services may not work as
designed. For more information on how we collect, use, transfer, store and share
your online data and personal information, and how you can manage your online
privacy choices, please see our Privacy Policy

SECURITY

You are prohibited from violating or attempting to violate the security of the
Services, including, without limitation:

* Accessing data not intended for your viewing or logging into a server or
account which you are not authorized to access
* Attempting to probe, scan, or test the vulnerability of a system or network
or to breach security or authentication measures without proper authorization
* Attempting to interfere with service to any user, host, or network.

Violations of system or network security may result in civil or criminal
liability. NEXA Mortgage will investigate occurrences that may involve such
violations and may involve, and cooperate with, law enforcement authorities in
prosecuting users who are involved in such violations.

SOFTWARE

You are granted a non-exclusive, non-sublicensable, non-transferable, personal,
limited license to use the software and related functionality embedded in the
Services (collectively, “Software”). Certain Software that NEXA Mortgage uses to
provide the Services has been licensed from third parties (each, a “Third Party
Licensor”) that are not affiliated with NEXA Mortgage. Your limited right to use
the Software is revocable in the discretion of NEXA Mortgage and its Third-Party
Licensors. You agree to download and install all Software updates for the
Services promptly once they are available to you. NEXA Mortgage and its
Third-Party Licensors have no obligation to correct any bugs, defects or errors
in the Services or Software, or to otherwise support, maintain, improve, modify,
upgrade, update, or enhance the Services or Software.

INFORMATION SUBJECT TO CHANGE

Although NEXA Mortgage has tried to provide accurate and timely information, the
content of the Services may not be accurate, complete and/or current and may
include typographical errors or technical inaccuracies. The information and
materials contained in the Services are subject to change at any time without
notice. NEXA Mortgage may change the products, services and other information
identified on the Services at any time. Applicable terms, conditions, and
eligibility requirements are subject to change and not all Services are
available in all geographic areas. The information published on the Services is
provided as a convenience to our visitors and is for informational purposes
only. You should verify all information before relying on it and any decisions
which you may make based upon the information contained on the Services shall be
at your sole risk and responsibility. Your eligibility for particular Services
is subject to final approval, determination, and acceptance by NEXA Mortgage in
its sole and absolute discretion, notwithstanding your visit to and/or use of
the Services.

LINKS

The Services may contain links and may enable you to post content to third party
websites that are not owned or controlled by NEXA Mortgage. We are not
affiliated with, have no control over, and assume no responsibility for the
content, privacy policies, or practices of any third-party websites. You: (i)
are solely responsible and liable for your use of and linking to third party
websites and any content that you may send or post to a third-party website, and
(ii) expressly release NEXA Mortgage from any and all liability arising from
your use of any third-party website. Accordingly, we encourage you to read the
terms and conditions and privacy policy of each third-party website that you may
choose to visit, link to, or post content on. Any advice, opinions, or
recommendations provided by third party websites are those of the third-party
website providers and not of NEXA Mortgage. Your participation in any linked
third-party website, including payment for and the delivery of goods or
services, is based solely on the agreement, if any, between you and the
third-party website provider.

TELECOMMUNICATIONS PROVIDERS

You agree that when you use the Services, you will remain subject to the terms
and conditions of all of your existing agreements with us, our affiliates and/or
any unaffiliated service providers and your internet service provider and mobile
service carrier or provider, and that these Terms do not amend or supersede any
of those agreements. You understand that those agreements may provide for fees,
limitations and restrictions which might impact your use of the Services (for
example, your mobile service carrier or provider may impose data usage or text
message charges for your use of or interaction with the NEXA Mortgage Apps), and
you agree to be solely responsible for all such fees, limitations, and
restrictions. You agree that only your mobile service carrier or internet
service provider is responsible for its products and services. Accordingly, you
agree to resolve any problems with your carrier or provider directly with your
carrier or provider without involving us.

INTELLECTUAL PROPERTY

NEXA Mortgage and the other trademarks, logos, and service marks displayed on
the Services are our trademarks or those of our affiliates and/or other
respective third-party owners. Under no circumstances may you alter, modify, or
change these trademarks. You are prohibited from using these trademarks for any
purpose without written permission. All rights, title, and interest in the
Services and any content contained herein are the exclusive property of NEXA
Mortgage, except as otherwise stated.

The information contained on the Services, including but not limited to text,
graphics, and images (other than certain images licensed from third parties) and
their arrangement, are copyright ©2016-2021 by NEXA Mortgage. and/or its
affiliates and subsidiaries. All rights reserved.

You are authorized to view the information available on the Services for your
informational purposes only. If you download any information from the Services
for your personal reference, you shall not obscure any copyright, trademark, or
other notices, and you acknowledge and agree that you do not acquire any
ownership rights by downloading copyrighted material. You may not copy,
republish, redistribute, transmit, participate in the transmission of, create
derivatives of, alter, edit, or exploit in any manner any material including by
storage on retrieval systems, without the express written permission of NEXA
Mortgage. Deliberate misuse of the Services is expressly prohibited, and NEXA
Mortgage reserves the right to terminate your access to the Services at any time
for any reason and to advise the legal authorities of any misuse of the
Services, including, without limitation, hacking and the introduction of viruses
or other malware.

DIGITAL MILLENNIUM COPYRIGHT ACT - NOTICE OF CLAIMS OF COPYRIGHT INFRINGEMENT &
RELATED ISSUES (17 USC § 512 ET SEQ.)

We respect the intellectual property rights of others. Anyone who believes their
work has been reproduced in a way that constitutes copyright infringement may
notify our agent by providing the following information:

* Identification of the copyrighted work that you claim has been infringed, or,
if multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at the site
* Identification of the material that you claim is infringing and needs to be
removed, including a description of where it is located so that the copyright
agent can locate it
* Your address, telephone number, and, if available, e-mail address, so that
the copyright agent may contact you about your complaint
* A signed statement that the above information is accurate; that you have a
good faith belief that the identified use of the material is not authorized
by the copyright owner, its agent, or the law; and, under penalty of perjury,
that you are the copyright owner or are authorized to act on the copyright
owner's behalf in this situation

Upon obtaining such knowledge we will act expeditiously to remove, or disable
access to, the material. Please be aware that there are substantial penalties
for false claims.

If a notice of copyright infringement has been wrongly filed against you, you
may submit a counter notification to our agent. A valid counter notification is
a written communication that incorporates the following elements:

* A physical or electronic signature of the poster
* Identification of the material that has been removed or to which access has
been disabled and the location at which the material appeared before it was
removed or access to it was disabled
* A statement under penalty of perjury that you have a good faith belief that
the material was removed or disabled as a result of mistake or
misidentification
* Your name, address, and telephone number; a statement that you consent to the
jurisdiction of federal district court for the judicial district in which
your address is located, or if your address is outside of the U.S., for any
judicial district in which the service provider may be found; and that you
will accept service of process from the complainant

COMMUNICATIONS

By your use of the Services, you also expressly consent to receiving servicing,
collection, marketing and other calls and messages (including auto-dialed and
pre-recorded message calls), SMS messages (including text messages), faxes,
letters, and emails from us, our affiliates, marketing partners, agents, and
others communicating at their request or on their behalf, via any telephone
numbers (including any cellular telephone numbers), mailing addresses, or email
addresses, or by using any other information that you have provided or may
provide in the future. Your cellular or mobile telephone provider may charge you
according to the type of plan you carry. Your consent will be effective
regardless of any registration with any state or federal Do Not Call list or
other comparable list or registry. Your consent for auto-dialed and prerecorded
calls shall remain in effect until you revoke it. Your consent to these calls
may be revoked by informing the telemarketing representative or by any other
reasonable method that ensures we receive the revocation. Your consent to
telemarketing calls is not a condition of obtaining the Services.

By submitting any comment, complaint, suggestion, improvement, idea, testimonial
or other communication (each, a “Submission”) to NEXA Mortgage through the
Services or any other method, you acknowledge and agree that any and all
Submissions, and all rights therein, become the sole and exclusive property of
NEXA Mortgage including any future rights, regardless of any subsequent
modification or deletion of the provisions in the Terms. You acknowledge and
agree that you irrevocably disclaim any right in the Submission and that the
right to use, publish, display, commercially exploit, and create derivative
ideas based on the Submission belong exclusively to NEXA Mortgage with no
compensation, notice, credit, or other obligation being due or owed to you or
anyone else.

You also consent to the recording and monitoring, for quality assurance,
training, risk management, collection or other purposes, of any calls or other
communications that you place with or send to us (or our agents,
representatives, affiliates, third parties or anyone contacting on our behalf)
or that we (or our agents, representatives, affiliates, third parties or anyone
contacting on our behalf) place to or send to you.

Please note that messages you send NEXA Mortgage by email may not be secure.
NEXA Mortgage recommends that you do not send any confidential information to
NEXA Mortgage by email. If you choose to send confidential information to NEXA
Mortgage via email, you accept all risk that such information may be intercepted
by a third party

In addition to these Terms, you use of and access to the Website is also subject
to our Privacy Policy, which is incorporated by reference herein. Our Privacy
Policy contains additional terms relating to our potential collection, use and
disclosure of your personal information as a site visitor. You agree that you
have read, agreed to and understand NEXA Mortgage’s complete Privacy Policy.

DISCLAIMER OF WARRANTY, LIMITATION OF LIABILITY AND INDEMNIFICATION

(a) No Warranty. THE WEBSITE MAY CONTAIN ERRORS AND DEFECTS OR MAY SUFFER
INTERMITTENT DOWNTIME AND IS PROVIDED “AS IS”, “AS-AVAILABLE”, WITH ALL FAULTS
AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW,
“NEXA Mortgage”, AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY
REFERRED TO AS ” “NEXA Mortgage”” FOR THE PURPOSES OF THIS SECTION) HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, EITHER
EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS
FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, THAT THE
WEBSITE WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR FREE, THAT THE WEBSITE AND
OUR SERVERS ARE SECURE, OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT
OF ANY INFORMATION, SERVICE OR PRODUCT PROVIDED ON OR THROUGH THE WEBSITE, AS
WELL AS ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF
PERFORMANCE OR USAGE OF TRADE; PROVIDED THAT THIS SECTION SHALL NOT OPERATE TO
EXCLUDE OR DISCLAIM THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION,
RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE. USE
OF THE WEBSITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF
LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF ANY INFORMATION, CONTENT OR
SERVICES ACCESSED THROUGH OR OBTAINED BY MEANS OF THE WEBSITE. (b) Limitation of
Liability. “NEXA Mortgage” SHALL NOT BE LIABLE TO YOU FOR PERSONAL INJURY, OR
ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR
OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OR INTERRUPTION OF
BUSINESS, LOSS OF DATA, LOSS OF GOODWILL OR LOST PROFITS), UNDER ANY THEORY OF
LIABILITY, INCLUDING WITHOUT LIMITATION CONTRACT, NEGLIGENCE, STRICT LIABILITY
OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE,
EVEN IF “NEXA Mortgage” HAS BEEN ADVISED OF THE RISK OF SUCH DAMAGES. Because
some states or jurisdictions do not allow certain exclusions or limitations of
liability, in such states or jurisdictions the above limitations and exclusions
may not apply to you. In such states or jurisdictions, NEXA Mortgage’s liability
is limited to the extent permitted by law, thereby minimizing NEXA Mortgage’s
liability to you to the lowest amount permitted by applicable law. (c)
Indemnification. You agree to defend, indemnify and hold NEXA Mortgage harmless
from and against any liability, loss, damages or costs, including reasonable
attorneys’ fees, resulting from any third party claim, action, or demand based
on or arising out of: (i) your use of or access to the Website or products or
services hosted thereon; (ii) your violation of any third party proprietary or
other rights; (iii) your breach of these Terms of Use; or (iv) your use of
software robots, spiders, crawlers, or similar data gathering and extraction
tools, or any other action you take that imposes an unreasonable burden or load
on NEXA Mortgage’s infrastructure. You shall not settle any such claim, action,
or demand unless such settlement completely and forever releases NEXA Mortgage
from all liability with respect to such claim or unless “NEXA Mortgage” consents
to such settlement in writing (which consent shall not be unreasonably
withheld).

GOVERNING LAW; DISPUTE RESOLUTION

(a) Dispute Resolution. You and “NEXA Mortgage” agree that we will first attempt
to resolve any legal or equitable claim relating to these Terms of Use (referred
to as “Claim”) informally. Accordingly, neither of us may start a formal
proceeding (except for Claims involving any violation of the federal trademark
or copyright laws, or for injunctive relief) for at least thirty (30) days after
one of us notifies the other of a Claim in writing. NEXA Mortgage will use
commercially reasonable efforts to send its written notice by first class mail,
return receipt requested, or national overnight courier to your billing address,
if available, with a copy via email to your email address. If “NEXA Mortgage”
does not have a contact method for you or cannot obtain one with reasonable
commercial efforts, you acknowledge and agree that NEXA Mortgage may pursue
Claims against you as a “John Doe” defendant and employ legal processes to
obtain your identity. You will send your written notice by first class mail,
return receipt requested, or national overnight courier to “NEXA Mortgage”,
Inc., 3100 W Ray Rd Suite 201 Office 209, Chandler, AZ 85226. If we cannot
resolve a Claim informally, you and “NEXA Mortgage” each agree to submit to
personal jurisdiction in Chandler, AZ and agree that any and all Claims either
of us asserts shall be exclusively brought in the appropriate state or federal
court in Chandler, AZ, provided that neither you nor NEXA Mortgage shall be
precluded from filing a Claim in small claims court for disputes within the
small claims court jurisdictional level. (b) Governing Law and Attorney’s Fees.
This Agreement is governed in all respects by the substantive laws of the State
of AZ, without regard to its conflict of law rules, and of the United States of
America. The UN Convention on Contracts for the International Sale of Goods is
expressly disclaimed. The Website is intended for and directed to residents of
the United States and all information, advertising and claims contained on the
Website are valid in and applicable only to the United States. If any action at
law or in equity is necessary to enforce these Terms, the prevailing party shall
be entitled to reimbursement from the other party for its expenses and
reasonable attorneys’ fees associated with the action, in addition to any other
relief to which such prevailing party may be entitled.

CONSENT TO ELECTRONIC TRANSACTIONS AND DISCLOSURES

Because you are using the Internet on the Services, it is necessary for you to
consent to transact business with us online and electronically. As part of doing
business with us and for all our Services, we also need you to consent to our
giving you certain disclosures electronically, either via the Services or to the
email address you provide to us. By agreeing to these Terms, you agree to
receive electronically all documents, communications, notices, contracts, and
agreements—arising from or relating to you—regarding any Services you may
request or receive or your use of the Services (each, a “Disclosure”).

Scope of Electronic Consent. Our consent is applicable to receive Disclosures
and to transact business electronically. Our agreement to do so applies to any
transactions to which such Disclosures relate between you and NEXA Mortgage.
Your consent will remain in effect as long as you are a user of the Services
and, if you are no longer a user of the Services, will continue until such a
time as all Disclosures relevant to transactions that occurred while you were a
user have been made.

Consenting to Do Business Electronically. Before you decide to do business
electronically with NEXA Mortgage, you should consider whether you have the
required hardware and software capabilities described below.

Hardware and Software Requirements. To access and retain Disclosures
electronically, you must satisfy the following computer hardware and software
requirements: access to the Internet, an email account and related software
capable of receiving email through the Internet, a web browser which is
SSL-compliant and supports secure sessions (such as Microsoft Edge, mobile
Safari, Firefox, Chrome, or the equivalent software), and hardware capable of
running this software.

Additional Mobile Technology Requirements. If you are accessing our Services and
the Disclosures electronically via a mobile device (such as a smart phone,
tablet, and the like), in addition to the above requirements, you must make sure
that you have software on your mobile device that allows you to print and save
the Disclosures presented to you during the application process. These
applications can be found for most mobile devices in the devices’ respective
“app store.” If you do not have these capabilities on your mobile device, please
access this through a device that provides these capabilities.

Withdrawing Consent. You may withdraw your consent to receive Disclosures
electronically by contacting us at the address below. However, once you have
withdrawn your consent you may not be able to access or use the Services. If you
have a pending request on the Services or relating to the Services, we may
terminate it and remove it from our system. If you have already received or used
the Services, all previously agreed to terms and conditions will remain in
effect, and we will send Disclosures to your verified business address provided
during registration.

How to Contact Us regarding Electronic Disclosures. You can contact us via email
at mike@mikekortas.com or by calling 480-228-5442. You may also reach us in
writing to us at the following address: “NEXA Mortgage”., 3100 W Ray Rd Suite
201 Office 209, Chandler, AZ 85226, Attention: Customer Service.

Contact Information and License Disclosures

The Services are offered by NEXA Mortgage and its affiliates, headquartered at
3100 W Ray Rd Suite 201 Office 209, Chandler, AZ 85226. You may contact NEXA
Mortgage by sending correspondence to that address or emailing
mike@mikekortas.com.

NOTICE TO CALIFORNIA RESIDENTS

If you are a California resident, under California Civil Code Section 1789.3,
you may contact the Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs in writing at 1625 N.
Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at
(800) 952-5210 in order to resolve a complaint regarding the Services or to
receive further information regarding use of the Services.

NOTICE TO NEW YORK RESIDENTS

In order to protect against identity theft, all of the data that customers
provide will be transmitted securely to our server where we implement industry
standard best practices in securing consumer data; such as using 256-bit
encryption. We use a system provided by a third-party that is SOC2 Type II
audited. The third-party provider maintains a SOC2 Type II Compliance posture,
which includes management of software updates. The third-party provider
implements security software patch updates on their platform as quickly as
possible after notification of availability is received. SOC2 Type II Compliance
ensures their systems are maintained at appropriate patch/system version levels
through timely application of system updates. Notwithstanding the forgoing, you
agree to release any third-party provider utilized by us from any liability,
claims and demands resulting from any lost and/or stolen data provided or
otherwise transmitted to our server.

MISCELLANEOUS

(a) Suggestions and Feedback. NEXA Mortgage welcomes feedback or inquiries about
our products. If you elect to provide any feedback or comments of any nature to
NEXA Mortgage, all of such feedback and comments shall be the sole and exclusive
property of NEXA Mortgage, and NEXA Mortgage shall have the right to use such
feedback in any manner and for any purpose in NEXA Mortgage’s discretion without
remuneration, compensation or attribution to you, provided that NEXA Mortgage is
under no obligation to use such feedback. (b) Interpretation, Assignment and
Entire Agreement. These Terms of Use, together with our Privacy Policy, form the
complete and exclusive agreement between you and NEXA Mortgage relating to the
Website and they supersede all prior or contemporaneous proposals, oral or
written, understandings, representations, conditions, warranties and all other
communications between you and NEXA Mortgage. These Terms of Use, and any rights
and licenses granted hereunder, may not be transferred, or assigned by you, but
may be assigned by NEXA Mortgage without restriction. Subject to the NEXA
Mortgage’s modification rights set above, no amendment of any provision of these
Terms of Use shall be effective unless set forth in a writing signed by you and
a representative of NEXA Mortgage, and then only to the extent specifically set
forth therein. These Terms of Use may not be explained or supplemented by any
prior course of dealings or trade by custom or usage. No waiver by either party
of any breach or default hereunder shall be deemed to be a waiver of any
preceding or subsequent breach or default. If any provision of these Terms of
Use shall be unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from these Terms of Use and shall not affect
the validity and enforceability of any remaining provisions. (c) Contact Us. If
you have any questions, comments, or concerns regarding these Terms of Use
and/or the Website, please send an email to mike@mikekortas.com. Please note
that communications made through e-mail or the Website’s messaging systems shall
not be deemed to constitute legal notice to “NEXA Mortgage” or any of its
officers, employees, agents, or representatives. You may provide legal notice to
“NEXA Mortgage” in writing by first class mail, return receipt requested, or
national overnight courier, at: Attn: Legal Department NEXA Mortgage 3100 W Ray
Rd Suite 201 Office 209, Chandler, AZ 85226

ONLINE PRIVACY POLICY

Your privacy is extremely important to us. Protection of your personal or
sensitive information and use of such data in a fair and trustworthy fashion
comes with a degree of trust in manner that is key to the core values of NEXA
Mortgage. This policy applies to all information collected by or in use of NEXA
Mortgage.

NEXA Mortgage understands that consumers furnish sensitive information during
the mortgage application process as is considering to be within the course of
business. The Company and Management are committed to treating such information
responsibly and identify expectations surrounding the sourcing, storage, and
retention of such personal and financial information.

NEXA Mortgage is dedicated to take all the necessary steps to safeguard
sensitive information that has been entrusted to us and lenders by their
customers. This Online Privacy Policy explains how we collect, share, use, and
protect information when you visit or use this online service.

As you review this Online Privacy Policy, here are a few general principles to
keep in mind:

* Our online services are intended for a U.S. audience. If you visit or use our
online services, your information may be transferred or processed in the
United States.
* Our online services are not intended for children under 13. We do not
knowingly collect personal information from children under 13 without
parental consent
* If you are a California resident, you may have rights under the California
Consumer Privacy Act.

GRAMM LEACH BLILEY ACT

Subtitle A of Title V of the Gramm Leach Bliley Act established specific
guidelines regarding to disclose nonpublic personal information about a consumer
to nonaffiliated third parties and requires a financial institution to disclose
to all of its customers the institution’s privacy policies and practices
relating to information sharing with both affiliates and nonaffiliated third
parties. Additionally, the Act requires that customers be provided an
opportunity to opt-out of sharing his or her nonpublic personal information to
nonaffiliated third parties subject to certain exceptions. NEXA Mortgage has
elected to not share any non-public personal information with nonaffiliated
third parties other than as permitted by the exceptions delineated in the
privacy rule.

DEFINITIONS

Affiliate - any company that controls, is controlled by, or is under common
control.

Personally, identifiable financial information - any information collected about
a consumer in connection with providing a financial product or service to that
consumer. This includes: information provided by the consumer during the
application process (e.g., name, phone number, address, income); information
resulting from the financial product or service transaction (e.g., payment
history, loan or deposit balances, credit card purchases); information from
other sources about the consumer obtained in connection with providing the
financial product or service (e.g., information from a consumer reporting agency
or from court records)

Publicly available information - any information NEXA Mortgage reasonably
believes is lawfully made available to the general public from federal, state,
or local government records, widely distributed media, or disclosures to the
general public that are required to be made by federal, state, or local law.

Nonaffiliated third party – means any person who is not an affiliate.

Nonpublic personal information - consists of personally identifiable financial
information obtained or that is provided by a consumer that is not publicly
available information. It includes any lists, descriptions, or other groupings
of consumers (including publicly available information contained therein) that
are derived using personally identifiable financial information that is not
publicly available.

Recipient – receipt of nonpublic personal information from a nonaffiliated
financial institution and to any nonaffiliated entity to which NEXA Mortgage
gives nonpublic personal information.

RIGHT TO FINANCIAL PRIVACY ACT

The Right to Financial Privacy Act established guidelines and procedures
regarding how agencies of the federal government may obtain the financial
records of certain customers. The Right to Financial Privacy Act covers requests
for financial information regarding individuals and partnerships with five or
fewer people. It does not govern record requests for corporations or
partnerships with more than five people. The Right to Financial Privacy Act only
covers requests from a federal government authority. It does not apply to
requests from the Internal Revenue Service or from state, local, or other
non-federal agencies.

NEXA Mortgage will not honor any request for information that does not comply
with the requirements of the Right to Financial Privacy Act. Strict precautions
will be taken to prevent the release of inappropriate information as allowed by
the Right to Financial Privacy Act.

INFORMATION COLLECTED

PERSONAL INFORMATION

Information related to any identified or identifiable individual person or
party, such as employees, customers, contractors, partners or any other third
party (including third parties’ personnel). Examples of Personal Information are
name, address, or credit card number. Other examples of Personal Information may
include browsing history, loan applications, and requests for information about
products and services, if they relate to an identified or identifiable
individual. An identifiable person is one who can be identified, directly or
indirectly, by reference to an identification number or to one or more factors
specific to his identity. from many sources is collected.

SENSITIVE PERSONAL INFORMATION

Is Personal Information that receives special legal protection under applicable
law. Some examples in the US include social security numbers, credit card
numbers, personal health information, credit reports and ratings, race,
political affiliations, religious beliefs, personal health information, etc.
Sensitive information may require heightened security protection or special
individual consent.

USAGE AND OTHER INFORMATION

In addition to the personal information described above, we may collect certain
information about your use of our online services. For example, we may capture
the IP address of the device you use to connect to the online service, the type
of operating system and browser you use, and information about the site you came
from, the parts of our online service you access, and the site you visit next.
We or our third-party partners may also use cookies, web beacons or other
technologies to collect and store other information about your visit to, or use
of, our online services. In addition, we may later associate the usage and other
information we collect online with personal information about you.

USE OF INFORMATION

We use the information discussed above in a number of ways, such as:

* Processing applications and transactions;
* Verifying your identity (such as when you access your account information);
* Preventing fraud and enhancing the security of your account or our online
services;
* Responding to your requests and communicating with you;
* Performing analytics concerning your use of our online services, including
your responses to our emails and the pages you view;
* Complying with and enforcing applicable legal requirements, relevant industry
standards, contractual obligations, and our policies; and
* For any other purposes that we may specifically disclose at the time you
provide, or we collect your information.

We may also use data that we collect on an aggregate or anonymous basis (such
that it does not identify any individual customers) for various business
purposes, where permissible under applicable laws and regulations.

INFORMATION DISCLOSED

We do not disclose nonpublic personal information except as permitted or
required by law. Disclosure of personally identifiable information without
consumer’s refusal occurs in the following circumstances:

* To certain nonaffiliated third parties (under limited circumstances) to the
extent permissible under law to service the lenders customer, report to
credit bureaus, manage risk, and perform other financial services related
activities.
* Disclosing information, we receive on a lenders customer loan application
such as the assets, liabilities, income, and employment history for a lender
using our system to determine whether a loan made to the customer is salable
in the secondary market, for example.
* Information necessary to enforce legal or contractual rights, if applicable,
or the right of any other person who is engaged in a transaction directly
with our company and not the lender.
* To disclose information required in the ordinary course of business, such as
in the settlement of claims or benefits or the confirmation of information to
a lender’s customer or the consumer’s agent.
* To provide information to agencies, persons that are assessing our compliance
with industry standards, and our attorneys, accountants, and auditors.
* To the extent permissible under the Right to Financial Privacy Act.
* To comply with federal, state, or local laws, rules, and other applicable
legal requirements.

UNDERSTANDING COOKIES, WEB BEACONS AND OTHER TRACKING TECHNOLOGIES

We, or our service providers, and other companies we work with may deploy and
use cookies, web beacons, local shared objects and other tracking technologies
for various purposes, such as fraud prevention and monitoring our advertising
and marketing campaign performance. Some of these tracking tools may detect
characteristics or settings of the specific device you use to access our online
services.

* “Cookies” are small amounts of data a website can send to a visitor’s web
browser. They are often stored on the device you are using to help track your
areas of interest. Cookies may also enable us or our service providers and
other companies we work with to relate your use of our online services over
time to customize your experience. Most web browsers allow you to adjust your
browser settings to decline or delete cookies but doing so may degrade your
experience with our online services.
* Clear GIFs, pixel tags or web beacons—which are typically one-pixel,
transparent images located on a webpage or in an email or other message—or
similar technologies may be used on our sites and in some of our digital
communications (such as email or other marketing messages). They may also be
used when you are served advertisements, or you otherwise interact with
advertisements outside of our online services. These are principally used to
help recognize users, assess traffic patterns, and measure site or campaign
engagement.
* Local Shared Objects, sometimes referred to as “flash cookies” may be stored
on your hard drive using a media player or other software installed on your
device. Local Shared Objects are similar to cookies in terms of their
operation but may not be managed in your browser in the same way. For more
information on managing Local Shared Objects.

SAFEGUARDING

We protect consumer privacy by ensuring that only employees who have a business
reason for knowing information have access to it. We have retained the services
of a compliance officer as the financial privacy coordinator, who is consulted
for maintaining internal procedures to ensure that our consumers’ information is
protected.

All employees have a copy of this policy and are trained at least annually
regarding the importance of safeguarding information. Any employee who violates
our privacy policy is subject to disciplinary action.

ADDITIONAL INFO. COLLECTING, ACCESSING, AND SHARING PII

Collecting or maintaining any sensitive PII electronically in our database,
accessible remotely from AWS servers, adheres to best practices related to
privacy impact assessments. Access to sensitive PII is based on having a “need
to know” basis for the collection of the info., i.e., when the info. relates to
our official duties of delivering software services to lenders licensing our
platform to enable their customers to have the ability to submit loan
applications and corresponding documentation. Access is limited to only
sensitive PII needed to fulfill our services, and not to view or use sensitive
PII for any purpose other than to fulfill this our required duties.

No documents and data are accessible to casual visitors, passersby, or other
individuals within the office without a “need to know.” There will never be an
authorization to access, share, or display any info. deemed sensitive PII
outside work hours or outside of corporate headquarters, and outside of the
company administrative login site. In addition, unless specifically designated
to conduct work related to the development and delivery of the platform services
to our client, you will not have the ability to access sensitive PII unless
given the specific authority and access to do so by a direct supervisor. You
access will be monitored utilizing an audit trail of your login, and pages
accessed while you are logged in.

LINKING TO THIRD-PARTY WEBSITES

NEXA Mortgage may provide links to websites that are owned or operated by other
companies ("third-party websites"). When you use a link online to visit a
third-party website, you will be subject to that website’s privacy and security
practices, which may differ from ours. You should familiarize yourself with the
privacy policy, terms of use and security practices of the linked third-party
website before providing any information on that website.

UPDATING YOUR INFORMATION

Keeping your account information up to date is very important. You may review or
update certain account information by logging in and accessing the “Customer
Center” section. If you cannot change the incorrect information online, or you
prefer to request changes offline, please use the Contact Us option on our site,
or call or write to us using the contact information listed on your account
statements, records, or other account materials. You can also speak to one of
our branch representatives, your financial advisor, or your designated account
representative.

CHANGES TO THIS ONLINE PRIVACY POLICY

We may change this Online Privacy Policy from time to time. When we do, we will
let you know by appropriate means such as by posting the revised policy on this
page. Any changes to this Online Privacy Policy will become effective when
posted unless indicated otherwise.

CONTACT NEXA MORTGAGE

NEXA Mortgage
3100 W Ray Rd Suite 201 Office 209
Chandler, AZ 85226
NMLS# 1660690

Email: mike@mikekortas.com
Phone: 480-228-5442

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