Terms and conditions for use of the Express Home Mortgage Mortgage Company web site

BY VISITING OR USING THE EXPRESS HOME MORTGAGE® WEB SITE, OR ANY PAGE OF THE WWW.EXPRESS-HOME-MORTGAGE.COM WEB SITE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE, AND THAT SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND EXPRESS HOME MORTGAGE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT VISIT OR USE THE EXPRESS-HOME-MORTGAGE.COM WEB SITE OR ANY PAGE OF THE EXPRESS-HOME-MORTGAGE.COM WEB SITE. TERMS AND CONDITIONS FOR USE

Definitions

As used in this contract: (a) the term “Agreement” refers to this contract; (b) the terms “you” and “yours,” refer to you, a visitor to the Express Home Mortgage web site, as well as anyone you authorize to visit the Express Home Mortgage web site on your behalf; (c) the terms “Express Home Mortgage,” “we,” and “our” and “ours” refer to Express Home Mortgage Company of North America, Inc. dba Express Home Mortgage and any affiliates of Express Home Mortgage whose products or services are offered on the Express Home Mortgage web site; and (d) the term ” Express-home-mortgage.com Web Site” refers to the web site located at www.express-home-mortgage.com and related pages, or any linked pages and web sites hosted or sponsored by Express Home Mortgage.

Privacy Policy

Express Home Mortgage is committed to maintaining the privacy and security of any and all information that you provide to Express Home Mortgage through the Express-Home-Mortgage.com Web Site. To that end, Express Home Mortgage urges you to review the Express Home Mortgage Privacy Policy.

Please note that privacy policies of Express Home Mortgage’s affiliates or third parties may apply to information you provide on the Express-home-mortgage.com Web Site. In addition, web sites linked to the Express-home-mortgage.com Web Site may have separate privacy policies.

Linking to Other Sites

We may provide links to third party web sites, such as credit bureaus. If you choose to link to a third party web site not controlled by Express Home Mortgage, we are not responsible for the privacy or security of these sites, including the nature of the content, accuracy, completeness, or reliability of their information. If you are asked to provide information on one of these Web sites we strongly urge you to review their privacy policies before providing any of your personal information. Express Home Mortgage is not responsible for the privacy practices of third party sites.

Use And Limitations Of The Express-home-mortgage.com Web Site

Except where we specify otherwise, Express Home Mortgage offers you access to the Express-home-mortgage.com Web Site solely for your personal and non-commercial uses. You promise that you will not use the Express-home-mortgage.com Web Site, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Express-home-mortgage.com Web Site. This means, among other activities, that you agree not to engage in the practices of “screen scraping,” “database scraping,” or any other similar activity. You agree that you will not use the Express-home-mortgage.com Web Site in any manner that could damage, disable, overburden, or impair the Express-home-mortgage.com Web Site or interfere with any other party’s use and enjoyment of the Express-home-mortgage.com Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Express-home-mortgage.com Web Site.

If and when requested by Express-home-mortgage.com, you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of Express-home-mortgage.com, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Express-home-mortgage.com Web Site.

You agree that Express Home Mortgage may in its sole discretion and at any time terminate your access to and use of the Express-home-mortgage.com Web Site, or any part thereof, with or without notice.

The Express-home-mortgage.com Web Site contains content and information originated by Express Home Mortgage, affiliates of Express Home Mortgage or unaffiliated third parties. Express Home Mortgage makes available such content and information through the Express-home-mortgage.com Web Site as a public service, for the sole purpose of aiding you, the individual consumer. Express Home Mortgage, therefore, cannot guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such information. You are responsible for confirming the sufficiency and reliability of any such information. This means, for example, that all of the information and materials contained in the Express-home-mortgage.com Web Site-including any terms and conditions necessary to obtain a loan or other products or services-are subject to change at any time. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final Express Home Mortgage determination and acceptance.

E-Signatures and Communications

All electronic communications, including any electronic signatures or identifiers of Express Home Mortgage, are being transmitted solely for informational purposes. By making an electronic communication, Express Home Mortgage specifically does not intend to agree, bind, or otherwise consent to any matter for any purpose whatsoever, including loan approval, and does not intend that the electronic communication, or any related or associated electronic media or data, to constitute, or to be deemed to constitute, an electronic signature pursuant to any state or federal law or regulation that authorizes the use of electronic signatures.

Trademarks, Service Marks And Copyright

Copyright in the Express-home-mortgage.com Web Site, and in the information and material therein and in their arrangement, is owned by Express Home Mortgage unless otherwise indicated. Express Home Mortgage®, Express Home Mortgage Company® and the Express logo are federally registered service marks of Express Home Mortgage Company. Express Home Mortgage also claims trademark and service mark rights in other marks contained in the
Express-home-mortgage.com Web Site.

If you wish to inform Express Home Mortgage of any content that may indicate copyright infringement by any person or entity, pursuant to Title 17, United States Code, Section 512(c)(2), or trademark or service mark infringement pursuant to Title 15, United States Code, Sections 1114 and 1116, please forward your notification to:

General Counsel
Express Home Mortgage Company
30 Main Street, Suite 205
Danbury, CT 06810

Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING, BUT NOT LIMITED TO, CONTENT PROVIDED BY EXPRESS HOME MORTGAGE, AN EXPRESS HOME MORTGAGE AFFILIATE OR A THIRD PARTY THROUGH THE EXPRESS-HOME-MORTGAGE.COM WEB SITE IS AT YOUR SOLE RISK. SUCH INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXPRESS HOME MORTGAGE MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION. EXPRESS HOME MORTGAGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EXPRESS HOME MORTGAGE SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH INFORMATION OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON SUCH INFORMATION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE EXPRESS-HOME-MORTGAGE.COM WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD EXPRESS HOME MORTGAGE AND ITS, SUPPLIERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF ANY INFORMATION, INCLUDING, BUT NOT LIMITED TO, INFORMATION PROVIDED VIA THE EXPRESS-HOME-MORTGAGE.COM WEB SITE. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THE EXPRESS-HOME-MORTGAGE.COM WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EXPRESS HOME MORTGAGE, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME. IN NO EVENT SHALL EXPRESS HOME MORTGAGE, EXPRESS HOME MORTGAGE’S AFFILIATES OR THIRD PARTIES, INCLUDING SUPPLIERS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE EXPRESS-HOME-MORTGAGE.COM WEB SITE, WITH THE DELAY OR INABILITY TO USE THE EXPRESS-HOME-MORTGAGE.COM WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE EXPRESS-HOME-MORTGAGE.COM WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE EXPRESS-HOME-MORTGAGE.COM WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EXPRESS HOME MORTGAGE, EXPRESS HOME MORTGAGE’S AFFILIATES OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE EXPRESS-HOME-MORTGAGE.COM WEB SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE EXPRESS-HOME-MORTGAGE.COM WEB SITE. Without limiting the foregoing, you agree to indemnify, defend and hold harmless Express Home Mortgage, its partners, affiliates, subsidiaries and suppliers from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to your violation of this Agreement.

MISCELLANEOUS

This Agreement is governed by the laws of the State Connecticut. You agree and consent to the exclusive jurisdiction and venue of courts sitting in Connecticut, County of Fairfield in all disputes arising out of or relating to the use of the Express-home-mortgage.com Web Site. Use of the Express-home-mortgage.com Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Express-home-mortgage.com as a result of this Agreement or use of the Express-home-mortgage.com Web Site. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Express Home Mortgage with respect to the Express-home-mortgage.com Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Express Home Mortgage respect to the Express-home-mortgage.com Web Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Disclosure Notices


APR Assumptions

Unless noted otherwise, all APR’s (Annual Percentage Rates) disclosed on this site assume a loan amount of $250,000 and a loan to value not greater than 80%. Please contact us directly should you need further clarification.

Licensing Disclosure

Express Home Mortgage is licensed in the State of Connecticut as a Correspondent Lender/Broker for first mortgage transactions and as a Broker for second mortgage transactions. The vast majority of our originations are completed as a Broker Only. This distinction will have little, if any affect on your mortgage transaction.