TERMS OF USE

This application is being provided to you subject to these Terms of Use which govern your use of this application. Please read these Terms of Use carefully. By using this application, you agree to be bound by these Terms of Use, whether or not you complete a loan transaction. By using this application you acknowledge that certain features of this application and the corresponding loan products and/or services may be subject to additional terms, conditions and disclaimers.

If you do not agree to these Terms of Use, you are not authorized to use this application, or any of the services that FirstCap US Mortgage, LLC (“FirstCap US Mortgage, LLC”) may offer through this application. FirstCap US Mortgage, LLC reserves the right to, in its sole discretion and without notice, deny you access and/or use of this application for any reason or no reason at all.

This application is being provided to you subject to these Terms of Use which govern your use of this application. Please read these Terms of Use carefully. By using this application, you agree to be bound by these Terms of Use, whether or not you complete a loan transaction. By using this application you acknowledge that certain features of this application and the corresponding loan products and/or services may be subject to additional terms, conditions and disclaimers.
If you do not agree to these Terms of Use, you are not authorized to use this application, or any of the services that FirstCap US Mortgage, LLC (“FirstCap US Mortgage, LLC”) may offer through this application. FirstCap US Mortgage, LLC reserves the right to, in its sole discretion and without notice, deny you access and/or use of this application for any reason or no reason at all.
THE DISCLOSURES AND CONSENTS REQUIRED UNDER CERTAIN STATE LAWS ARE DEEMED TO BE PROVIDED, RECEIVED AND AGREED TO BY YOUR USE OF THIS APPLICATION.

Information Subject To Change

Although FirstCap US Mortgage, LLC has tried to provide accurate and timely information, the content of this application may not be accurate, complete and/or current and may include typographical errors or technical inaccuracies. The information and materials contained in these pages, and the terms, conditions and descriptions that appear on this application, are subject to change at any time without notice. FirstCap US Mortgage, LLC may change the products, services and other information identified on this application at any time. Applicable terms, conditions and eligibility requirements are subject to change and not all products and services are available in all geographic areas. Any decisions which you may make based upon the information contained in this application shall be at your sole risk and responsibility. Your eligibility for particular products and services is subject to final approval, determination and acceptance by a lender in its sole and absolute discretion, notwithstanding your use of this application.

Disclaimer of Warranties

THE INFORMATION AND MATERIALS CONTAINED IN THIS APPLICATION, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS – ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND FirstCap US Mortgage, LLC DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF SUCH INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS, OR OTHER MALWARE, IS GIVEN IN CONJUNCTION WITH SUCH INFORMATION AND MATERIALS.
YOU ACKNOWLEDGE THAT FirstCap US Mortgage, LLC DOES NOT WARRANT THAT THIS APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS APPLICATION, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THIS APPLICATION.
EXCEPT AS SPECIFICALLY PROVIDED IN THESE TERMS OF USE OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT FirstCap US Mortgage, LLC AND ITS LENDER(S) ARE NOT RESPONSIBLE FOR ANY LOSS CAUSED BY ACCESS TO THIS APPLICATION. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FirstCap US Mortgage, LLC AND ITS LENDER(S) WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION OR USE OF THIS APPLICATION.

Limitation of Liability

IN NO EVENT WILL FirstCap US Mortgage, LLC OR ITS LENDER(S) BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION: DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THIS APPLICATION OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, OR ANY INFORMATION PROVIDED IN CONNECTION WITH THIS APPLICATION OR HOW SAID INFORMATION WAS OBTAINED, OR ANY ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINK OR SYSTEM FAILURE, EVEN IF FirstCap US Mortgage, LLC OR ITS LENDER(S), OR REPRESENTATIVES THEREOF ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

Indemnification

You agree to defend, indemnify and hold harmless FirstCap US Mortgage, LLC, its affiliates, lenders, vendors and all directors, officers, employees and agents of FirstCap US Mortgage, LLC from and against any claim, demand, damages, liabilities, suit, expenses, costs or proceeding, including attorney’s fees and court costs, that relates to or is based on your violation of these Terms of Use or misuse or unauthorized use of this application, or any services available from FirstCap US Mortgage, LLC through this application, or any information provided in connection with this application or how said information was obtained.

No Unlawful or Prohibited Use

As a condition of your use of this application, you agree and warrant to FirstCap US Mortgage, LLC that you will not use or access this application for any purpose that is unlawful or prohibited by these Terms of Use. If your use or access violates any law or any of these Terms of Use, your permission to use the application automatically terminates.

Application Security

You are prohibited from violating or attempting to violate the security of this application, including, without limitation: (a) accessing data not intended for your viewing or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) attempting to interfere with service to any user, host or network. Violations of security measures may result in civil or criminal liability. FirstCap US Mortgage, LLC 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.

Copyrights and Trademarks

Copyright in the pages and in the screens displaying the pages, and in the information and material therein and their arrangement is owned by a third party, unless otherwise indicated, and are protected by U.S. copyright laws and international treaties. The copyrighted materials on the application include, but are not limited to, the text, design, software, images, graphics, source code, and the content on the application. You are authorized to view the information available on the application for your informational purposes only. 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. Deliberate misuse of this application is expressly prohibited and FirstCap US Mortgage, LLC reserves the right to terminate your access to this application at any time for any reason and to advise the legal authorities of any misuse of this application, including, without limitation, to hacking. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on this application.

Email & Online Information Requests

Please note that messages you send FirstCap US Mortgage, LLC by e-mail may not be secure and FirstCap US Mortgage, LLC recommends that you do not send any confidential information to FirstCap US Mortgage, LLC by e-mail. If you choose to send confidential information to FirstCap US Mortgage, LLC via e-mail, you accept all risk that such information may be intercepted by a third party.
By submitting your information to FirstCap US Mortgage, LLC through this application or by any other method, you are inquiring about loan products and give FirstCap US Mortgage, LLC permission to contact you via e-mail, telephone, letter, fax or using any other information you provide, regardless of registration with any federal, state or local Do Not Call list, Do Not Mail list, or any other comparable list or registry.

Privacy

FirstCap US Mortgage, LLC understands the need to safeguard your information from unauthorized use and disclosure. Please see the Privacy Statement which is available on this application.

General

FirstCap US Mortgage, LLC reserves the right to modify these Terms of Use at any time without notice, but the most current version of the Terms of Use will always be available to you on this application. By continuing to use this application, after the date of any change to these Terms of Use, including accessing this application, you agree to be bound by the rules contained in the most recent version of these Terms of Use.

Governing Law

You agree that these Terms of Use shall be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Use or the use of this application shall be filed only in the state or federal courts located in Franklin County, Ohio, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Severability

You agree that if any provision of these Terms of Use shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of such other provisions.

Contact and Violations

Please contact us with any questions regarding these Terms of Use. Please report any violations of the Terms of Use to FirstCap US Mortgage, LLC.