www.newamericanfunding.com
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URL:
https://www.newamericanfunding.com/legal/terms-of-use-website/
Submission: On February 01 via api from US — Scanned from DE
Submission: On February 01 via api from US — Scanned from DE
Form analysis 3 forms found in the DOM
<form autocomplete="off" class="ng-pristine ng-valid">
<div class="input-group input-group-lg lo-search-inpu-wrap">
<input type="text" class="form-control" id="txtLoSearchField" placeholder="Search Loan Officer" aria-label="Search Loan Officer" onkeyup="searchAgent(document.getElementById('txtLoSearchField').value)">
<span class="input-group-btn">
<button class="btn btn-lo-search" id="btnLoSearch" type="submit" aria-label="Submit Search For Loan Officer">
<i class="fa fa-search" aria-hidden="true"></i>
</button>
</span>
</div>
</form>GET /search-results/
<form action="/search-results/" method="get" id="search_form" class="nav-form-search ng-pristine ng-valid">
<div class="form-group mbl-search-form">
<div class="row mbl-hdr-row">
<div class="col-xs-12">
<div class="input-group">
<a id="fakeLinkTop" href="#" style="width: 0; height: 0; padding: 0; margin: 0; display: none; visibility: hidden;" aria-hidden="true"><span style="display:none; visibility:hidden;">Fake Link</span></a>
<input class="form-control search-control" type="text" id="search_field" name="search_field" placeholder="Search for..." aria-label="Sitewide Search" value="">
<span class="input-group-btn">
<button class="btn btn-link" type="submit" id="btn-search" aria-label="Search Submit">
<i class="fa fa-search" aria-hidden="true"></i>
</button>
</span>
</div>
</div>
</div>
</div>
</form>Name: stickyAgentContactForm —
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class="ng-pristine ng-invalid ng-invalid-required ng-valid-pattern ng-valid-minlength ng-valid-maxlength ng-valid-email ng-valid-mask">
<input type="hidden" id="LOGuid" name="LOGuid" ng-model="vm.stickyagentdata.LOGuid" autocomplete="off" class="ng-pristine ng-untouched ng-valid ng-empty">
<input type="hidden" id="LOName" name="LOName" ng-model="vm.loanofficer.Name" autocomplete="off" class="ng-pristine ng-untouched ng-valid ng-empty">
<input type="hidden" id="LOEmail" name="LOEmail" ng-model="vm.loanofficer.Email" autocomplete="off" class="ng-pristine ng-untouched ng-valid ng-empty">
<input type="hidden" id="LOPhone" name="LOPhone" ng-model="vm.loanofficer.Phone" autocomplete="off" class="ng-pristine ng-untouched ng-valid ng-empty">
<input type="hidden" id="IsILA" name="IsILA" ng-model="vm.loanofficer.IsILA" autocomplete="off" class="ng-pristine ng-untouched ng-valid ng-empty">
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<!-- ngIf: vm.showStickyAgentForm === true && vm.showStickyAgentConfirmation === false -->
<fieldset class="sticky-agent-contact-form ng-scope" ng-if="vm.showStickyAgentForm === true && vm.showStickyAgentConfirmation === false">
<div class="row">
<div class="col-sm-12">
<h3 class="agent-modal-title">Contact Me</h3>
</div>
</div>
<div class="row">
<div class="col-md-6">
<div class="form-group form-group-lg" ng-class="{ 'has-error' : stickyAgentContactForm.FirstName.$invalid && stickyAgentContactForm.FirstName.$dirty }">
<label for="FirstName">First Name<span class="asterisk">*</span></label>
<input id="FirstName" name="FirstName" role="textbox" type="text" class="form-control ng-pristine ng-untouched ng-empty ng-invalid ng-invalid-required ng-valid-pattern ng-valid-minlength ng-valid-maxlength" autocomplete="off"
ng-model="vm.stickyagentdata.FirstName" ng-pattern="/^[a-zA-Z -]+$/" ng-minlength="2" ng-maxlength="30" required="">
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</div>
<div class="col-md-6">
<div class="form-group form-group-lg" ng-class="{ 'has-error' : stickyAgentContactForm.LastName.$invalid && stickyAgentContactForm.LastName.$dirty }">
<label for="LastName">Last Name<span class="asterisk">*</span></label>
<input id="LastName" name="LastName" role="textbox" type="text" class="form-control ng-pristine ng-untouched ng-empty ng-invalid ng-invalid-required ng-valid-pattern ng-valid-minlength ng-valid-maxlength" autocomplete="off"
ng-model="vm.stickyagentdata.LastName" ng-pattern="/^[a-zA-Z -]+$/" ng-minlength="2" ng-maxlength="30" required="">
</div>
</div>
</div>
<div class="row">
<div class="col-md-6">
<div class="form-group form-group-lg" ng-class="{ 'has-error' : stickyAgentContactForm.Email.$invalid && stickyAgentContactForm.Email.$dirty }">
<label for="Email">Email Address<span class="asterisk">*</span></label>
<input id="Email" name="Email" type="email" role="textbox" class="form-control ng-pristine ng-untouched ng-empty ng-valid-email ng-invalid ng-invalid-required ng-valid-pattern ng-valid-maxlength" autocomplete="off"
ng-model="vm.stickyagentdata.Email" ng-pattern="/^[a-zA-Z0-9._%+-]+@[a-zA-Z0-9.-]+\.[a-zA-Z]{2,7}$/" ng-maxlength="50" required="">
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</div>
<div class="col-md-6">
<div class="form-group form-group-lg" ng-class="{ 'has-error' : stickyAgentContactForm.Phone.$invalid && stickyAgentContactForm.Phone.$dirty }">
<label class="control-label" for="Phone">Phone<span class="asterisk">*</span></label>
<input class="form-control ng-pristine ng-untouched ng-empty ng-invalid ng-invalid-required ng-valid-pattern ng-valid-mask" id="Phone" name="Phone" type="tel" role="textbox" autocomplete="off" ui-mask="(999) 999-9999"
ng-model="vm.stickyagentdata.PhoneNumber" ng-pattern="/[(][^01].*/" required="" placeholder="(___) ___-____">
</div>
</div>
</div>
<div class="row">
<div class="col-md-6">
<div class="form-group form-group-lg" ng-class="{ 'has-error' : stickyAgentContactForm.Zipcode.$invalid && stickyAgentContactForm.Zipcode.$dirty }">
<label for="Zipcode">Zip Code<span class="asterisk">*</span></label>
<input class="form-control ng-pristine ng-untouched ng-empty ng-invalid ng-invalid-required ng-valid-maxlength ng-valid-mask" id="Zipcode" name="Zipcode" type="tel" role="textbox" autocomplete="off" ui-mask="99999"
ng-model="vm.stickyagentdata.Zipcode" ng-change="vm.getStateByZipcode(vm.stickyagentdata.Zipcode)" maxlength="10" required="" placeholder="_____">
</div>
</div>
<div class="col-md-6">
<div class="form-group form-group-lg" ng-class="{ 'has-error' : stickyAgentContactForm.State.$invalid && stickyAgentContactForm.State.$dirty }">
<label class="control-label" for="state">State<span class="asterisk">*</span></label>
<input id="State" name="State" class="form-control ng-pristine ng-untouched ng-empty ng-invalid ng-invalid-required" type="text" role="textbox" autocomplete="off" ng-model="vm.stickyagentdata.State" required="">
</div>
</div>
</div>
<div class="row">
<div class="col-md-4 col-md-offset-4">
<button class="btn btn-primary btn-lg btn-block" type="submit" ng-disabled="stickyAgentContactForm.$invalid" disabled="disabled">Submit</button>
</div>
</div>
<div class="row">
<div class="col-md-12">
<div class="legal-wrapper">
<div class="form-legal">
<div class="form-disclosures">
<p>By clicking "Submit", I agree by electronic signature to:</p>
<ol>
<li>Receive disclosures and communications about my loan inquiry in electronic form (I confirm that I have a working computer system and internet website browser to view this webpage); AND</li>
<li>I authorize New American Funding and its network of
<a href="/links/partners/" onclick="window.open('/links/partners/','popup','width=360,height=600,scrollbars=yes,resizable=yes,toolbar=no,directories=no,location=no,menubar=no,status=no,left=0,top=0'); return false">partners</a> to
contact me regarding a mortgage loan, real estate and/or home-related products or services that may be of interest to me at the telephone number(s) listed above using an automated dialing system, pre-recorded or artificial voice,
and/or SMS messaging even if the telephone number I provided is a cellular phone or other service for which I may be charged. I understand that I am not required to provide this consent in order to obtain goods and services from
NAF. I agree that NAF and its
<a href="/links/partners/" onclick="window.open('/links/partners/','popup','width=360,height=600,scrollbars=yes,resizable=yes,toolbar=no,directories=no,location=no,menubar=no,status=no,left=0,top=0'); return false">partners</a> may
contact me by mail, telephone or email in connection with my request even if my telephone number or email address appears on a NAF internal Do Not Call/Do Not Email List, a State or National Do Not Call Registry, or any other Do Not
Contact List/Do Not Email List; AND</li>
<li>Our
<a href="/links/privacy/" onclick="window.open('/links/privacy/','popup','width=360,height=600,scrollbars=yes,resizable=yes,toolbar=no,directories=no,location=no,menubar=no,status=no,left=0,top=0'); return false">Privacy Policy</a>,
<a href="/links/terms-of-use/" onclick="window.open('/links/terms-of-use/','popup','width=360,height=600,scrollbars=yes,resizable=yes,toolbar=no,directories=no,location=no,menubar=no,status=no,left=0,top=0'); return false">Terms of Use</a>,
and
<a href="/links/electronic-consent-agreement/" onclick="window.open('/links/electronic-consent-agreement/','popup','width=360,height=600,scrollbars=yes,resizable=yes,toolbar=no,directories=no,location=no,menubar=no,status=no,left=0,top=0'); return false">Electronic Consent Agreement</a>.
</li>
</ol>
</div>
</div>
</div>
</div>
</div>
</fieldset><!-- end ngIf: vm.showStickyAgentForm === true && vm.showStickyAgentConfirmation === false -->
</form>Text Content
Phone
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1.
2. Legal
3. Terms of Use - Website
LEGAL
* State Licensing
* US Financial Privacy Notice
* Privacy Policy
* Cookie Policy
* Terms of Use - Website
* Terms of Use - Serviced Loans
* Advertising Disclosures
* Electronic Consent Agreement
* On-Time Closing Guarantee
* Best Rate Guarantee
* 5 Year Protection Pledge
* State Disclosures for Serviced Loans
* Electronic Consent Agreement for Serviced Loans
Legal State Licensing US Financial Privacy Notice Privacy Policy Cookie Policy
Terms of Use - Website Terms of Use - Serviced Loans Advertising Disclosures
Electronic Consent Agreement On-Time Closing Guarantee Best Rate Guarantee 5
Year Protection Pledge State Disclosures for Serviced Loans Electronic Consent
Agreement for Serviced Loans
TERMS OF USE
Last Updated: August 10, 2023
1. APPLICATION OF THESE TERMS OF USE
2. INFORMATION HANDLING
3. ACCESSING THE WEBSITES AND SERVICES
4. SECURITY
5. AVAILABILITY
6. RESTRICTIONS ON USE
7. INTELLECTUAL PROPERTY
8. USER SUBMISSIONS
9. CONTENT STANDARDS
10. LINKS TO THIRD-PARTY WEBSITES
11. USE OF TECHNOLOGY
12. TERMS APPLICABLE TO ONLINE AND MOBILE BANKING
13. MONITORING
14. INDEMNITY
15. DISCLAIMERS OF WARRANTIES
16. TERMINATION OF USE
17. SUBSCRIPTION AND CANCELLATION
18. LIMITATION OF LIABILITY
19. REASONABLE EFFORTS
20. DISCLOSURES AND LICENSES
21. COPYRIGHT INFRINGEMENT
22. MANDATORY ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER
23. OTHER TERMS
1. APPLICATION OF THESE TERMS OF USE
Your access to and use of any New American Funding, LLC ("Company") website
("Website(s)") or mobile applications (the "Applications," "App," or "Apps"),
and any information, documents, tools, products, financial and banking services,
realtor services, accounts, and/or other material made available through the
Website ("Services"), are subject to the Terms and Conditions of use set forth
herein (this "Agreement" or "Terms"). For purposes of this Agreement, (i) the
terms "Website" and "Websites" include the Apps; and (ii) "you" or "your" means
the person accessing the Website and includes any persons that allow others to
provide information about themselves to Company.
THIS AGREEMENT CONSTITUTES A BINDING AGREEMENT BETWEEN YOU AND US. PLEASE READ
CAREFULLY THROUGH ALL SECTIONS OF THIS AGREEMENT. YOUR ACCESS TO AND USE OF THE
WEBSITES IS SUBJECT TO THIS AGREEMENT AND ALL APPLICABLE LAWS AND WE RESERVE THE
RIGHT TO TERMINATE YOUR ACCESS IF YOU VIOLATE THIS AGREEMENT. BY CLICKING ON
LINKS WITHIN THE WEBSITES OR WEBPAGES BEYOND THE WEBSITE'S HOMEPAGE, CLICKING ON
A BOX OR ICON, OR DOWNLOADING AN APP, YOU ACCEPT OF AND AGREE WITH THESE TERMS
WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH COMPANY AND WHETHER OR NOT YOU
COMPLETE YOUR TRANSACTION ON THE WEBSITE OR THROUGH OTHER CHANNELS, SUCH AS BY
TELEPHONE, EMAIL, FACSIMILE OR OTHERWISE. IF YOU DO NOT AGREE WITH THE TERMS IN
THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THE WEBSITES, ANY SERVICES
AVAILABLE THROUGH THE WEBSITES, OR ANY INFORMATION CONTAINED ON THE WEBSITES.
MANDATORY ARBITRATION NOTICE AND CLASS ACTION AND JURY TRIAL WAIVER (PLEASE SEE
SECTION 22 FOR COMPLETE DETAILS REGARDING MANDATORY ARBITRATION, CLASS ACTION,
AND JURY TRIAL WAIVER). This Agreement contains a mandatory (binding)
arbitration provision and class action and jury trial waiver clauses. Except for
certain types of disputes described in the arbitration section below or where
prohibited by applicable law, you agree that disputes between you and us
regarding your use of the Websites or Services will be resolved by binding,
individual arbitration and you waive your right to participate in a class action
lawsuit or class-wide arbitration, including as a class representative. The
arbitrator's decision will be subject to very limited review by a court. You
will be entitled to a fair hearing but the arbitration procedures are simpler
and more limited than rules applicable in court. For more details, please see
below.
THIS AGREEMENT ALSO CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (please see
Section 15). These provisions form an essential basis of our bargain. In
addition to this Agreement, your use of certain Services may be governed by
additional terms and conditions. We can change, update, add, or remove
provisions of this Agreement at any time by posting the updated Agreement on the
Websites. We will make commercially reasonable efforts to notify you of any
material changes to this Agreement, however, we are not obligated to. You waive
any right you may have to receive specific notice of such changes to this
Agreement except for changes to our agreement to arbitration, which is discussed
more fully below. Your continued use of the Websites or Services offered in or
through the Websites after we have updated this Agreement shall be deemed to
constitute acceptance of the then-current Agreement.
2. INFORMATION HANDLING
You consent to Company collecting and sharing your information with 1) its
partners to provide you with information about a mortgage loan, real estate
and/or home-related products or services that may be of interest to you, and 2)
third parties involved in your transaction, such as real estate agents.
Information that is shared with Company's partners may only be used by the
partners to offer products and services on Company's behalf. To learn more about
how we use and protect the privacy of users of the Website, please view
Company's Privacy Policy, which is available here.
3. ACCESSING THE WEBSITES AND SERVICES
To access your account on the Websites or with certain Services, we may require
you to create a username and password. You agree to follow any requirements that
we may have for your username and password (for example, if we have a minimum
number of characters, require that a letter be capitalized, or require one of
the characters to be a number). For security purposes, you should change your
password frequently and you can do so by following the applicable instructions.
We recommend that you memorize your password and do not write it down. If you
forget your username or password, you may contact us or follow the links
available on the sign in page.
You are solely responsible for keeping your password, account numbers, and other
account data confidential. You agree not to give your password, or make it
available, to any other person. Notwithstanding the foregoing, you acknowledge
and agree that if you permit another party to use your username and password to
access Services, or otherwise authorize them to use the Services, you are
responsible for any and all transactions that the party may make with your
account. You agree to notify us immediately if your username and password is
compromised or you believe that it may be compromised.
4. SECURITY
You agree that if you access our Services from a computer or mobile device other
than your own or if you use your computer in a public place, you will not leave
it unattended while using the Services. You agree that, in such situations, you
will always log out of your account by clicking the log out button in the top
right corner of your screen. You also agree to clear your web browser's cache on
a regular basis to remove copies of webpages that may have been temporarily
stored. You agree not to provide any of your access information to any person.
You shall bear the entire risk for any use thereof, whether you have authorized
such use and whether or not you are negligent. If you permit other persons to
use your computer or mobile device, login information or any other means to
access the Services, you will be held responsible for any transactions they
undertake and we will not be liable for any damages resulting to you.
5. AVAILABILITY
You agree and understand that the Websites and Services may not be accessible or
may have limited utility over some mobile and internet networks, and that there
may be browser or other technical limitations specific to an individual mobile
device or computer that will limit or prevent access to your account. We will
use reasonable efforts to make the Websites and Services available for your use
on a continuous basis. We do not guarantee functionality of the Websites and
Services on all mobile devices or computers, on all communication networks, in
all geographic regions, or at all times. The Websites and Services may also be
temporarily unavailable for regular or emergency system maintenance. We reserve
the right to schedule these maintenance periods at any time and without advance
notice to you.
6. RESTRICTIONS ON USE
You may only use the Websites for the purposes expressly permitted in this
Agreement. You agree that you will not use or attempt to use the Websites for
any purpose other than conducting mortgage banking related business with us as
our bona fide client, prospective client, business partner, or real estate
agent.
You warrant and agree that you will not use the Websites for any purpose that is
unlawful or prohibited by federal, state or local law. By accessing or using the
Websites, you agree that:
* your use of the Websites is subject to and governed by this Agreement;
* you will only access or use the Websites and transact business with us if you
are at least 18 years of age;
* you reside in the United States and the District of Columbia in jurisdictions
where Company is licensed to provide mortgage related services;
* you will use the Websites solely for the Services offered in the normal
course of business;
* you will always act in accordance with the law, custom, and in good faith;
* you will comply with and be bound by this Agreement as it appears on the
Websites each time you access and use the Websites;
* each use of the Websites by you indicates and confirms your agreement to be
bound by this Agreement; and
* this Agreement is a legally binding agreement between you and us that will be
enforceable against you.
Without limiting the generality of the foregoing, you may not use or attempt to
use the Websites or any part of the Websites for any purpose:
* that interferes with or induces a breach of the contractual relationships
between Company employees and Company;
* 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 Email, unsolicited commercial communications;
* that transmits any harmful or disabling computer codes or viruses;
* that harvests Email addresses from the Websites;
* that transmits unsolicited Email to the Websites or to anyone whose Email
address included the domain name of the Websites;
* that interferes with Company's network services;
* that attempts to gain unauthorized access to Company's network services;
* that suggests an express or implied affiliation or broker relationship with
Company without express, authorized written permission from the Company;
* that impairs or limits Company's ability to operate the Websites or any other
person's ability to access and use the Websites;
* that uses any methods, means or devices to click on to the Websites or cause
a visit to the Websites for the purpose of manipulating the results of any
Internet search engine;
* that unlawfully impersonates or otherwise misrepresents your affiliation with
any person or entity;
* that harms minors in any way, including, but not limited to, transmitting or
uploading content that violates child pornography laws, child sexual
exploitation laws and laws prohibiting the depiction of minors engaged in
sexual conduct;
* that transmits or uploads pornographic, violent, obscene, sexually explicit,
discriminatory, hateful, threatening, abusive, defamatory, offensive,
harassing, or otherwise objectionable content or images;
* that harms, threatens, harasses, abuses or intimidates another person in any
way or involves images or content that depicts, promotes, encourages,
indicates, advocates or tends to incite the commission of a crime or other
unlawful activities;
* that dilutes, devalues, defames, or depreciates Company's name and
reputation;
* that transmits or uploads any content or images that infringe upon any third
party's intellectual property rights or infringe upon any third party's right
of privacy; or
* that unlawfully transmits or uploads any confidential, proprietary or trade
secret information.
This list of prohibited activities provides examples and is not complete or
exclusive. We reserve the right to terminate your ability to use the Websites
with or without cause and with or without notice, for any reason or no reason,
or for any action that we determine is inappropriate or disruptive to the
Websites or to any other user of the Websites. We may report to law enforcement
authorities any actions that may be illegal, and any reports we receive of such
conduct. When legally required or at our discretion, we will cooperate with law
enforcement agencies in any investigation of alleged illegal activity on the
Websites or on the Internet.
7. INTELLECTUAL PROPERTY
Trademarks, service marks, logos, emblems, slogans, designs and copyrighted
works appearing on the Websites are the property of Company or the party that
provided them to Company. Company and those third parties retain all rights
associated with any of the respective trademarks, service marks, logos, emblems,
slogans, designs and copyrighted works appearing on the Websites.
All content, webpages, source code, calculations, products, materials, data,
information, text, screens, photos, video, music and sound, functionality,
services, design, layout, screen interfaces, "look and feel", design,
functionality, and the operation of the Websites (collectively "Content") is the
proprietary information of Company or the party that provided or licensed the
Content to Company, and is protected by various intellectual property laws,
including, but not limited to, copyrights, patents, trade secrets, trademarks,
and service marks. All rights associated with the Content are owned by Company,
our licensors, or our content providers. Except as otherwise expressly permitted
under copyright law, no copying, redistribution, retransmission, publication or
commercial or non-commercial exploitation of Content will be permitted without
our express, authorized written permission and/or the express, authorized
written permission of the copyright owner.
The availability of any Content through the Websites shall under no
circumstances constitute a transfer of any copyrights, trademarks, or other
intellectual property rights. You do not acquire any license or ownership rights
by downloading or viewing any Content or by any other means. 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 webpage, or alter the appearance of any Content.
8. USER SUBMISSIONS
The Websites may provide features such as personal webpages or profiles, message
boards, and other interactive services (collectively, "Interactive Services")
that allow users to upload, post, share, submit, publish, display, or transmit
to other users or persons content or materials (collectively, "User
Submissions") on or through the Websites.
All User Submissions must comply with the Content Standards set out in Section 9
of this Agreement.
Any User Submissions you post to the Websites will be considered
non-confidential and non-proprietary. By providing any User Submissions on the
Websites, you grant us and our affiliates and service providers, and each of
their and our respective licensees, successors, and assigns the right to use,
reproduce, modify, perform, display, distribute, and otherwise disclose to third
parties any such material for any purpose.
You represent and warrant that:
* You own or control all rights in and to the User Submissions and have the
right to grant the license granted above to us and our affiliates and service
providers, and each of their and our respective licensees, successors, and
assigns.
* All of you User Submissions do and will comply with this Agreement.
You understand and acknowledge that you are responsible for any User Submissions
you submit or contribute and you, not Company, have full responsibility for such
content, including its legality, reliability, accuracy, and appropriateness. We
are not responsible or liable to any third party for the content or accuracy of
any User Submissions posted by you.
If you delete your account, we will stop displaying your User Submissions, but
you understand and agree that it may not be possible to completely delete your
content from our records, and that your User Submissions may remain viewable
elsewhere to the extent that they were copied or stored by other users.
You understand and agree that in performing required technical steps, we may
need to make changes to your User Submissions to conform and adapt those User
Submissions to the technical requirements of connection networks, devices,
services, or media.
All testimonials submitted to us will become and remain our exclusive property,
even if the provisions of this Agreement are later modified or terminated. This
means that you irrevocably grant to us the unrestricted right (now and in the
future, without notice, compensation or other obligation to you or any other
person) to use your statement, image, likeness, as they may be used, in any
medium, in connection with an advertisement or for any other publicity purpose.
You further agree that we may use any percentage or part of your testimonial,
image, likeness and/or works, in any way that we see fit, and may exclude your
name or use a fictional name or other identifier at our sole discretion.
9. CONTENT STANDARDS
These content standards apply to any and all User Submissions and use of
Interactive Services. User Submissions must in their entirety comply with all
applicable federal, state, local, and international laws and regulations.
Without limiting the foregoing, User Submissions must not:
* Contain any material that is defamatory, obscene, indecent, abusive,
offensive, harassing, violent, hateful, inflammatory, or otherwise
objectionable.
* Promote sexually explicit or pornographic material, violence, or
discrimination based on race, sex, religion, nationality, disability, sexual
orientation, or age.
* Infringe any patent, trademark, trade secret, copyright, or other
intellectual property or other rights of any other person.
* Violate the legal rights (including the rights of publicity and privacy) of
others or contain any material that could give rise to any civil or criminal
liability under applicable laws or regulations.
* Be likely to deceive any person.
* Promote any illegal activity, or advocate, promote, or assist any unlawful
act.
* Cause annoyance, inconvenience, or needless anxiety or be likely to upset,
embarrass, alarm, or annoy any other person.
* Impersonate any person or misrepresent your identity or affiliation with any
person or organization.
* Give the impression that they emanate from or are endorsed by us or any other
person or entity, if this is not the case.
10. LINKS TO THIRD-PARTY WEBSITES
The Websites may contain links to websites maintained by third parties that are
not related to Company. Such links are provided for your convenience and
reference only. We do not operate or control in any respect any information,
software, products or services available on such websites, and we do not
endorse, approve, sponsor or control any such websites' contents, or its
sponsoring organization. You acknowledge and agree that the third-party website
may have different privacy policies and terms and conditions and/or user guides
and business practices than Company, and you further acknowledge and agree that
your use of such third-party website is governed by the respective third-party
website's privacy policy and terms and conditions and/or user guides. When you
leave the Websites for another website, please note that we are not responsible
for the accuracy or content of the information provided by that website, nor are
we liable for any direct or indirect technical or system issues arising out of
your access to or use of third-party technologies or programs available through
that website.
We do not permit third-party advertising on the Websites without express written
permission from the Company. You will not create links from any website or
webpage to the Websites or any webpage therein without our prior written
permission.
11. USE OF TECHNOLOGY
Company may request your permission, through a separate consent process, to
contact you via phone, whether by live agent or artificial or prerecorded voice,
SMS text to your residential or cellular number, whether dialed manually or by
auto dialer, or by email, and to send disclosures and communications about a
loan inquiry in electronic form through these media.
11.1 EMAIL POLICY
Email in General
Our communications to you in email may not accurately represent the entire or
final disposition of a matter or constitute our official business, due to
brevity or informality. Email is one medium through which information may be
exchanged, as when an email message responds to a voice mail. Accordingly,
email, by itself, may not accurately reflect the complete communication or our
intent as to the subject matter referred to within the communication, nor
constitute an official business record of Company. Any official content present
in an email communication is qualified in its entirety by any signed writings,
which shall govern such content according to their provisions. Also, unless
explicitly permitted in a signed writing or necessary by law, the mere receipt
of an email by us may not put us on notice, timely or otherwise, of the matters
contained within that email.
Confidential Information
The emails we send are confidential (and all attachments to such emails are
confidential) and are to be reviewed and/or disclosed to only the individual or
entity to whom they are addressed and intended. If you receive an email in error
or if it is improperly forwarded to you, the information contained in the email
should, at all times, remain confidential and such circumstances shall not
authorize you to use or disclose the confidential information. You agree to
notify the sender immediately by telephone or email, and delete or destroy the
original and any copies. Any unauthorized use, disclosure, reproduction, or
distribution is strictly prohibited. Emails marked as "Confidential" contain
confidential and/or proprietary information that is disclosed under the
condition that you treat and maintain such information strictly in a
confidential manner and in compliance with all applicable privacy laws and that
you ensure such information is not disclosed or used by others, except for the
limited and confidential purpose for which it is being provided. By accepting
receipt of and/or reviewing confidential information that we provide, you agree
to indemnify, defend, and hold us harmless against any and all claims, losses,
liabilities, or expenses, including attorneys' fees that we may incur as a
result of the unauthorized use or disclosure of confidential information due to
your acts or omissions.
Privileged Information
Emails exchanged with or involving our lawyers and legal staff may contain
privileged information subject to the attorney-client privilege and/or the
attorney work product privilege. Such privileged information shall not be waived
if you receive an email in error or if it was improperly forwarded or delivered
to you or you otherwise receive such communication by any means. If you are not
the intended recipient of privileged information, you agree to notify the sender
immediately by telephone or email and delete or destroy the original and any
copies. Any unauthorized use, disclosure, reproduction, or distribution of
confidential or privileged information is strictly prohibited.
Time Sensitive Instructions & Official Matters; Filters
Do not use email to communicate time-sensitive instructions or official company
matters; they may not be received or reviewed by us in a timely manner. Emails
are processed through various virus and spam filters which may delay or reject
the delivery of an email altogether. Urgent matters should be communicated in
person directly with the person of concern via telephone and then confirmed in
writing with the appropriate person via fax or email. We reserve the right to
block any email source we deem inappropriate.
Business Purposes
Our email facilities are to be used only for conducting business with us.
Vendors, suppliers, clients and others receiving email from us may not use our
email addresses or contact information (or any other person's email address
appearing on or in our email) for any purpose other than corresponding with us
for lawful and legitimate business purposes relating to our business. The
receipt of an email is not our consent for you to use our email address or
contact information for direct marketing purposes or for transfers of data to
third parties, and such use is strictly prohibited.
Monitoring of Communications
All emails sent to us or from us may be forwarded, monitored, and/or reviewed by
others within Company other than the designated recipient/sender with or without
notice to the designated recipient/sender. We may also record or monitor other
forms of communications you have with us via the Websites, PC-talk, chat, email,
text messages to and from Company-owned cellular devices, and telephone. By
using such communication methods, you are consenting to the recording,
monitoring, storage, and/or use of the same without further notice.
Unsecured Transmissions
While certain designated areas within our Websites employ technologies to secure
your data and the transmissions between you and us, general email uses the
Internet, which is an open system, and we cannot provide absolute assurances
that all emails (sent or received) are secure, error free, not corrupted,
incomplete or virus free and/or that they won't be lost, mis-delivered,
destroyed, delayed, intercepted or decrypted by others. We therefore advise
against sending sensitive or personally identifiable information over email, and
disclaim all liability with regard to emails (and the contents therein) if they
are corrupted, lost, destroyed, delayed, incomplete, mis-delivered, intercepted,
decrypted or otherwise misappropriated by others.
Viruses
Computer viruses can be transmitted via email through email content, attachments
to emails and embedded links. Although our emails are believed to be free of any
virus or other defects that might affect computer systems in which they are
received and opened, it is your responsibility to ensure that any email you open
is virus free. We are not responsible for any loss or damage arising in any way
from the receipt, use, storage or transmission of our emails. If we forward an
email or reply to a prior email, the contents may have been produced by someone
other than us, for which we assume no liability whatsoever. The use of email to
introduce any virus, malicious or disabling code, or to otherwise interfere with
our email transmissions, telecommunication, or computer networks is prohibited
and against the law; violators will be prosecuted to the fullest extent of the
law.
In addition to any other disclaimers we make in this Agreement, we disclaim any
representation or warranty that our emails are virus free and/or error free. You
agree to hold the Company harmless for any loss or damage arising from an email
sent or forwarded to you or arising from any email reply or otherwise received
by you.
Prohibited Email Content
We prohibit our team members from using email to make or send any type of
menacing, defamatory, discriminatory, harassing, offensive or threatening
statements or materials, or statements or materials that infringe the copyrights
or legal rights of others. Such communications are against our policies and
outside the scope of employment of our team members. You agree to hold the
Company harmless from any harm, loss, or damage resulting from such
communication, and the Company accepts no liability for such communication, and
any of our team members responsible for such communication will be personally
and solely liable for any damages or other liability arising therefrom. Please
report any such violations to our Customer Service Department, 14511 Myford
Road, Suite 100, Tustin, CA 92780, or you may call 855-270-7377.
facilities for soliciting any of our team to breach their employment agreements
or to interfere with their employment status with us, or which otherwise
interferes with our business or economic advantage is strictly prohibited and
may result in legal action against you.
11.2 TERMS APPLICABLE TO EMAIL AND MOBILE MESSAGING
Emails are Generally Not Formal Signed Writings; E-Sign Disclosure
Unless explicitly stated otherwise, our emails do not contain or constitute an
electronic signature, even if the sender's name appears in the email. An Email
communication may not be construed against us as an interest rate lock, an
unconditional loan commitment, an unconditional loan approval, an unconditional
pre-qualification, an unconditional pre-approval, or any other unconditional
offer or agreement to lend. Such documents and agreements are generally sent to
clients in formal signed writings from us. Please review our Electronic Consent
Agreement for additional information.
All Rights Reserved; Statements Attributable to Us
Our email shall be deemed Content and subject to the restrictions set forth
herein with respect to Content. The only official publishable public statements
that can be attributed to us are statements issued by our CEO, President, or
Chief Operating Officer.
Negligent Misstatement
In addition to the other disclaimers made in this Agreement, we disclaim any and
all responsibility, including responsibility based on negligence or negligent
misstatement, for the accuracy, completeness, or reliability of data or
information contained in or furnished through email and we make no warranties,
express or implied, with respect to such data or information. By using or
interacting with the Website and/or reviewing information that we provide, you
agree to hold us harmless against any and all claims, losses, liabilities,
damages, or expenses, including attorney's fees that you may incur as a result
of any negligence or negligent misstatement.
Complaints
Any email complaints should be directed to New American Funding, 14511 Myford
Road, Suite 100, Tustin, CA 92780, Attention: Customer Service Department, or
you may call 855-270-7377.
12. TERMS APPLICABLE TO ONLINE AND MOBILE BANKING
We offer online and mobile banking services that allow you to make payments on
your mortgage loan faster. Our online and mobile banking services allow you to
set up monthly payments to be paid automatically or you can make one-time
payments for your current payment. The term "Mobile Banking" means the Services
that you may access on your Mobile Device through our App. "Mobile Device" means
a cell phone, smartphone, tablet, handheld, or wearable communication device
that satisfies the hardware and software specifications we require. The term
"Online Banking" means the product or service you may access or enroll in
through the Websites, including the Mobile Banking services. Please note that
not every service available through Online Banking may be available through
Mobile Banking and vice versa.
12.1 SERVICES
The Websites provide several electronic banking services that allow you to
manage your loan accounts from your home or office on your computer or Mobile
Device. These services include, but are not limited to: (i) viewing current loan
information and reviewing transaction history; (ii) paying your loans online;
(iii) setting up monthly payments; (iv) financial tools; and (v) communicating
directly with us through online banking secure messages. When you enroll in our
Online Banking service, you will automatically have access to our Mobile Banking
service. To use our Mobile Banking service, you must download the App to your
Mobile Device. Our Mobile Banking service provides several electronic banking
services that allow you to manage your personal accounts from anywhere, anytime,
with a compatible and supported Mobile Device.
12.2 ENROLLMENT
To enroll in the Online Banking and/or Mobile Banking services, you must have a
mortgage loan with us, and you must complete our New User Registration form
online. You will be asked to provide us with certain information including your:
(i) loan number; (ii) Social Security number; and (iii) email address.
To sign up for your account, you will create a username and password. You will
also be asked to select three security questions and answers to reset your
username and password as necessary. Your enrollment in the Services may not be
approved if we cannot verify your identity or other necessary information.
It is solely your responsibility to ensure that your contact information is
current and accurate. This includes, but is not limited to, your mailing
address, phone number, and email address. You may change your contact
information through your account on the Website. You must provide all computer
and telephone equipment, and software (other than the software we provide) that
you need to access the Services. From time to time we may require that you
upgrade your computer or Mobile Device software to ensure the proper operation
of the Services. You agree to promptly load any such upgrades.
12.3 ACCOUNT REVIEW
You may review information regarding your consumer loans with us, including your
transaction history. Any balances shown will include a date as of which the
balance is shown. This balance may not be your actual balance, because it may
not include payments in progress.
You are in the best position to discover and report any discrepancies involving
your account. You agree to review your account information regularly and when we
make your statements available to you. You also agree to notify us as soon as
possible of any error, discrepancy, or unauthorized transaction you discover.
12.4 MORTGAGE LOAN PAYMENT
You may submit requests that we transfer funds from your personal bank account
to make either one-time or recurring monthly payments on the mortgage loans you
have with us. To make a one-time payment, you will provide your bank name,
routing number, account number, and account type to us. Your payment must be
submitted prior to the cut-off time disclosed on your mortgage statement to
ensure it is posted on the same day.
To schedule recurring monthly payments, you will submit the payment effective
date (when the auto drafting begins) and the draft date (day of the month when
the draft is executed). You may provide an additional payment to the principal
if you choose. To set up a recurring payment, you will provide your bank name,
routing number, account number, and account type with us. Once set up, we will
automatically draft your scheduled payments from your personal bank account.
These payments will be deducted monthly unless enrollment is cancelled or the
consumer loan is paid in full.
12.5 STOP PAYMENTS
You may delete payments through your online account if the payments are still
pending verification. After you submit your payment, you may only cancel it by
contacting us at the contact information located at
https://www.newamericanfunding.com/myloan/ at least one full business day prior
to the scheduled payment draft date.
12.6 LATE PAYMENTS
If you are late on your loan payments, you may be eligible for a repayment plan,
loan modification or other loss mitigation option, or you may make a promise to
pay statement. The promise to pay statement requires you to choose a next pay
date, promising that you can make the current payment prior to the next pay
date. If you do not make the scheduled payment, the plan will be broken.
To be eligible for a repayment plan, loan modification or other loss mitigation
option, you will need to submit a Request for Mortgage Assistance, which can be
found at https://www.newamericanfunding.com/myloan/#paymentrelief.
12.7 LOAN CALCULATOR
The Services may provide you with a loan calculator to calculate information
such as: the monthly principal payment amount required to pay off your loan by a
specific date; when your loan balance will reach the desired loan to value
ratio; the effect of making additional monthly principal payments; and the
effect of making a lump sum principal payment. We do not guarantee the accuracy
of the loan calculators provided on the Websites. Projections are calculated
with hypothetical figures that are entered by you with no verification from us.
There is no guarantee that the projections given are accurate for your specific
situation and can even be achieved. You should seek personal advice from a
qualified financial professional.
12.8 THIRD-PARTY AGGREGATION SERVICES
The Websites do not support third-party aggregation services which access your
account information in an automated manner. We are not responsible for the use
or disclosure of any personal information accessed by any company or person to
whom you provide your username and password. If you provide your username and
password to a third-party aggregation services provider, we will consider that
you have authorized all transactions or actions initiated by such access
information you provide, whether or not you were aware of a specific transaction
or action. If you decide to revoke the authority you have given to an
aggregation website, we strongly recommend that you change your username and
password to ensure that the aggregation website cannot continue to access your
account information. We also strongly recommend that you use caution and ensure
that the third-party aggregation services provider has appropriate policies and
practices to protect the privacy and security of any information you provide or
to which they are gaining access.
13. MONITORING
We reserve the right, but do not have an obligation, to monitor use of the
Websites. In addition, we reserve the right to collect, maintain, indefinitely
store, and use (at our sole discretion and without limitation and in compliance
with applicable law and our applicable privacy policies or notices) any or all
data from your use of or interaction with the Websites including, but not
limited to data input by you and analytical data on the functioning, operation,
use, and use patterns on, with, and of the Websites. By your use of the
Websites, you acknowledge, understand, and agree that we are not obligated to
monitor, collect, store, maintain, or return any data from your use of or
interaction with the Website and shall not have any liability for the failure to
do so.
We use cookies and other technologies provided by third-party vendors to collect
information on your use of the Websites, such as pages visited, links clicked,
non-sensitive information entered, and mouse movements. This information enables
us to build and maintain our service based on user feedback and interaction with
our Websites. We also collect information more commonly collected such as the
referring URL, browser, operating system, and Internet Protocol ("IP") address.
By agreeing to this Agreement, you consent to our use of these cookies and
technologies.
14. INDEMNITY
As a condition of use of the Websites and our Services, you agree to hold
harmless, defend, and indemnify Company and our affiliates, and all of our and
our affiliates, vendors, licensors, employees, officers, directors, agents and
representatives, from and against any and all liabilities, expenses (including
attorneys' fees), losses, and damages arising out of claims resulting from your
use of the Websites, including without limitation any claims alleging facts that
if true would constitute your breach of this Agreement or any provision herein,
including any use of Content other than as expressly authorized by this
Agreement.
15. DISCLAIMERS OF WARRANTIES
The Websites, including all Content, additions, changes and/or improvements, are
provided "as-is". It is your responsibility to evaluate the accuracy,
completeness, or usefulness of any information, opinion, advice or other content
available through the Websites.
To the fullest extent permissible under applicable law, Company 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 with respect to the Websites. Company makes no representation
or warranty regarding the content or operation of the Websites, webpages, or use
thereof. The webpages' content on or available through the Websites could
include inaccuracies or typographical errors and could become inaccurate because
of developments occurring after their respective dates of preparation or
publication. Company shall have no obligation to maintain the currency or
accuracy of any webpage content on or available through the Websites.
You acknowledge and agree that Company is not, and shall not be, responsible for
the results of any defects that may exist in the Websites or their operation.
Company makes no representation or warranty that: (i) the operation of the
Websites will meet your or any other user's requirements; (ii) access to the
Websites will be uninterrupted, timely, secure, or free of errors, viruses or
other harmful components; or (iii) any defects in the Website will be corrected.
You agree that you, and not Company, 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, visiting, or interacting with the Websites.
16. TERMINATION OF USE
You acknowledge and agree that Company may, at any time, in its sole discretion,
limit, modify, suspend, or terminate your access, use of, or interaction with
the Websites with or without cause and with or without delivering notice or
explanation to you. This right is in addition to all other rights and remedies
available to Company under this Agreement and those provided by law.
17. SUBSCRIPTION AND CANCELLATION
Company reserves the right to implement a subscription term and fee for the use
of its Websites and any Services. Company further reserves the right to offer
different types of subscriptions and fees. Company reserves the right to
implement a subscription fee and term at any time by providing notice to you on
the Websites.
If a subscription fee and term is implemented, you will receive written
confirmation when your subscription offer has been accepted. Processing of an
application or fee for a subscription does not signify acceptance of the
subscription offer.
Unless specifically stated otherwise in any subscription offer or other
promotion pertaining to your specific subscription, you have the right to cancel
your subscription at any time. Cancellation shall take effect at the end of the
then-current subscription period and no refunds, credits, or exchanges will be
provided for that subscription period. You may exercise your option to cancel
through the use of the digital tools on the Websites, or by contacting us
directly.
18. LIMITATION OF LIABILITY
Neither Company nor its subsidiaries, affiliates, vendors, or licensors (or any
of their employees, agents, officers or directors) shall be held liable for any
direct, indirect, punitive, incidental, special or consequential damages or
other injury, harm, or damage arising out of or in any way connected with the
use or the inability to use the Websites or with the delay or inability to use
the Websites, or for any information, software, products and services obtained
through the Websites, including but not limited to reliance by you on any
information obtained through or from the Websites, or that result from mistakes,
omissions, interruptions, deletion of files or emails, errors, defects, viruses,
worms, trojan horses, trap doors, back doors, easter eggs, time bombs,
cancelbots or other code or computer programming routines that contain
contaminating or destructive properties or that are intended to damage,
detrimentally interfere with, surreptitiously intercept or expropriate any
system, data or personal information, delays in operation or transmission, or
any failure of performance, whether or not resulting from acts of god,
communications failure, theft, destruction or unauthorized access to our
records, programs or services, or otherwise arising out of the use of the
Websites, whether resulting in whole or in part, from breach of contract,
tortious conduct, negligence, strict liability or otherwise, even if Company
and/or our affiliates, vendors and/or licensors have been advised of the
possibility of 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 the collective total liability of Company and its
subsidiaries, affiliates, vendors, or licensors (or any of their employees,
agents, or directors) to you for damages, losses, and causes of action (whether
in contract, tort, or otherwise) exceed One Hundred Dollars ($100). In no way
does this Agreement require New Jersey consumers to waive any rights otherwise
protected under the Truth-in-Consumer Contract, Warranty and Notice Act.
19. REASONABLE EFFORTS
While Company will use commercially 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
reasonable control. For instance, and without limitation, Company cannot be
responsible for delays in loan approval or closing due to any of the following:
the untimely receipt of an acceptable appraisal; the untimely receipt of
required documentation; your existing home not selling; or matters disclosed by
a title commitment or survey.
20. DISCLOSURES AND LICENSES
For disclosures, please visit:
https://www.newamericanfunding.com/legal/advertising-disclosures/.
For our licensing information, please visit:
https://www.newamericanfunding.com/legal/state-licensing/.
21. COPYRIGHT INFRINGEMENT
Company is committed to protecting copyrights and expects you to do the same.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for
copyright owners who believe that material appearing on the Internet infringes
their rights under U.S. copyright law. If you believe in good faith that any
material used or displayed on Company Websites infringes your copyright, you (or
your agent) may send us a notice requesting that the material be removed, or
access to it blocked. If you believe that any material on Company Websites
infringes a copyright, or any valid intellectual property right, please provide
the following information to Company:
* A physical or electronic signature that you are authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed;
* Identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works on Company Websites are intended to be covered by
a single notification, a complete list of such works and details or
descriptions as to their locations within the Websites;
* Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which
is to be disabled, and information reasonably sufficient to permit us to
locate the material;
* Information reasonably sufficient to permit us to contact the complaining
party, such as an address, telephone number, and, if available, an electronic
mail address at which the complaining party may be contacted;
* A statement that you have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or
the law; and
* A statement that the information in the notification is accurate, and under
penalty of perjury, that you are authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.
Please provide this information to Company Legal Department, who can be reached
as follows:
By Mail:
New American Funding
Attn: Legal Department
14511 Myford Road, Suite 100
Tustin, CA 92780
By E-Mail:
legalnoticesandlawsuits@nafinc.com
Due to IT concerns, attachments cannot be accepted on notices sent via e-mail.
Accordingly, any notification of infringement submitted electronically with an
attachment will not be received or processed.
22. MANDATORY ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER
In the event that we are not able to resolve a dispute, and with the exception
of the claims for injunctive relief by us as described above and otherwise set
forth herein, you hereby agree that either you or we may require any dispute,
claim, or cause of action ("Claim") between you and us or any third parties
arising out of use of the Site, the Services, and any other actions with us
(whether based in contract, tort, statute, fraud, misrepresentation, or any
other legal theory) to be arbitrated on an individual (non-class) basis.
However, both parties retain the right to seek relief in a small claims court
(or a state court equivalent) for a Claim within the scope of its jurisdiction
so long as the small claims action does not seek to certify a class, combine the
claims of multiple persons, recover damages in excess of the limit for a small
claim under applicable state law or is not transferred, removed, or appealed
from small claims court to any different court. Additionally, if you are a
California resident, you retain the right to obtain public injunctive relief
from any court with proper jurisdiction.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION
AWARD IS VERY LIMITED. ADDITIONALLY, ANY ARBITRATION OF A DISPUTE WILL BE ON AN
INDIVIDUAL BASIS, AND, THEREFORE, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING
THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS
ACTION LAWSUIT. AS PART OF THIS WAIVER, YOU AGREE THAT YOU WAIVE THE RIGHT TO
ACT AS A PRIVATE ATTORNEY GENERAL IN AN ARBITRATION; THAT EXCEPT AS OTHERWISE
PROVIDED IN THIS ARBITRATION AGREEMENT, CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT
BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON;
AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION,
PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION.
You and we agree that your use of the Services involves interstate commerce, and
that this arbitration agreement shall be interpreted and enforced in accordance
with the Federal Arbitration Act (FAA) set forth in Title 9 of the U.S. Code to
the fullest extent possible, notwithstanding any state law to the contrary,
regardless of the origin or nature of the Claims at issue. The arbitrator must
follow, to the extent applicable: (i) the substantive law of the state in which
we entered into the transaction giving rise to this arbitration agreement; (ii)
the applicable statutes of limitations; and (iii) claims of privilege recognized
at law. The arbitrator will not be bound by federal, state or local rules of
procedure and evidence or by state or local laws concerning arbitration
proceedings.
If either you or we elect to arbitrate a Claim, the dispute shall be resolved by
binding arbitration administered under the applicable rules of the American
Arbitration Association ("AAA"). Either you or we may elect to resolve a
particular Claim through arbitration, even if the other party has already
initiated litigation in court related to the Claim, by: (a) making written
demand for arbitration upon the other party, (b) initiating arbitration against
the other party, or (c) filing a motion to compel arbitration in court.
If this is a consumer-purpose transaction, the applicable rules will be the
AAA's Consumer Arbitration Rules. The applicable AAA rules and other information
about arbitrating a claim under AAA, including how to submit a dispute to
arbitration, may be obtained by visiting its website at https://www.adr.org/ or
by calling 1-800-778-7879. If AAA will not serve as the administrator of the
arbitration, and you and we cannot then agree upon a substitute arbitrator, you
and we shall request that a court with proper jurisdiction appoint an
arbitrator. However, we will abide by the applicable AAA rules regardless of the
forum. Arbitration shall be conducted in the county and state where you accepted
these Terms, you reside, or another reasonably convenient place to you as
determined by the arbitrator, unless applicable laws require another location.
Judgment on the award rendered by the arbitrator may be entered in any court
having jurisdiction thereof. Except as provided in applicable statutes, the
arbitrator's award is not subject to review by the court and it cannot be
appealed. The parties will have the option to request and receive a statement of
reasons for the arbitration award.
If you elect to file the arbitration, and this is a consumer-purpose
transaction, you will pay the filing fee to the extent required by AAA's
Consumer Arbitration Rules but not to exceed the cost of filing a lawsuit. Any
amount above what it would cost you to file a lawsuit, we will pay. All other
arbitration fees and expenses shall be allocated to us according to AAA rules.
Except for the arbitration fees and expenses, each party shall pay its own costs
and fees incurred (including attorneys' fees), unless the arbitrator allocates
them differently in accordance with applicable law. This paragraph applies only
if this is a consumer-purpose transaction.
Notwithstanding anything to the contrary in these Terms, and except as otherwise
set forth in this paragraph, the agreement to arbitration may be amended by us
only upon advance notice to you. If we make any amendment to this agreement to
arbitration (other than renumbering the agreement to align with any other
amendment to the Terms) in the future, that amendment shall not apply to any
claim that was filed in a legal proceeding or action against us prior to the
effective date of the amendment. The amendment shall apply to all other Claims
governed by this agreement to arbitration that have arisen or may arise between
you and us. However, we may amend this agreement to arbitration and not provide
you notice; in that case, the amendments will not apply to you and the agreement
to arbitration contained in these Terms to which you agreed will continue to
apply to you and us as if no amendments were made.
If any part of this arbitration provision is invalid, all other parts of it
remain valid. However, if the class action limitation is invalid, then this
arbitration provision is invalid in its entirety, provided that the remaining
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