NationsChoice Mortgage Terms and Conditions
NationsChoice Mortgage (hereinafter "we" or "us") is engaged in the business of mortgage lending to individuals seeking to purchase and/or refinance mortgage(s) and residential real estate.
1) INDEMNIFICATION AND LEGAL DISCLAIMER
EXCEPT AS STATED IN THESE TERMS AND CONDITIONS, WE DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS, OR REPRESENTATIONS (EXPRESSED OR IMPLIED, ORAL OR WRITTEN), WITH RESPECT TO THE SERVICE(S) PROVIDED HEREUNDER, OR ANY PART THEREOF, INCLUDING ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, OR FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED, ARISING BY OPERATION OF LAW, OR BY COURSE OF DEALING. IN ADDITION, WE EXPRESSLY DISCLAIM ANY WARRANTIES OR REPRESENTATIONS TO ANY PERSON OTHER THAN YOU WITH RESPECT TO THE SERVICES OR ANY PART THEREOF. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR LOST PROFITS OR REVENUES OR INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, TREBLE, OR PUNITIVE DAMAGES.
We assume no liability for any loss, damage, injury, or claim of any kind or character to any person or property, including, but not limited to, you or any third party, arising from, relating to, or in connection with the service(s) provided hereunder or any transaction between us under these Terms and Conditions.
2) NO WAIVER
Any waivers of rights must be in writing and no prior waiver will affect a party's rights as to a subsequent breach. Our rights and remedies shall be distinct, separate, and cumulative. No action or inaction by us shall operate to exclude or deprive us of any other rights allowed to us by law.
3) FORCE MAJEURE
We will be excused from our obligations if our performance is prevented by events outside of our reasonable control, including, without limitation, third-party action or inaction, acts of God, wars, riots, strikes or other labor disputes, natural disasters, fire, or severe weather.
If any part of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions of these Terms and Conditions shall continue to be binding and effective.
5) GOVERNING LAW AND ATTORNEYS' FEES
Our agreement and these Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Arizona without recourse to conflicts of law principles. In any controversy or claim arising out of or relating to this Agreement, or the breach thereof, the prevailing party shall be awarded all costs, attorneys' fees, and other expenses incurred by such prevailing party.
Our agreement and these Terms and Conditions may not be transferred, delegated or assigned by either party without the prior written consent of the other party, except that we may assign the agreement and these Terms and Conditions in connection with the sale of our business or a merger with a third party. These Terms and Conditions shall be binding upon, and shall inure to the benefit of, the successors and assignees of you and us.
7) THIS SITE IS DESIGNED FOR YOUR PERSONAL USE
The NationsChoice Mortgage web site is for your personal use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information obtained from the NationsChoice Mortgage site.
8) YOUR PERSONAL INFORMATION WILL BE SECURE AND WILL BE KEPT PRIVATE
Keeping your information confidential and secure is as important to us as it is to you. Any emails you send may not be secure. Do not email any confidential information such as passwords, account numbers, credit card information or social security numbers. Confidential information should be provided to us by phone, fax or regular mail.
9) APPLICATION FEES
There is no charge to complete an application and obtain loan approval. When you are ready to continue the application process we will accept a credit card payment online or over the phone. For more information about the Loan Process, please refer to the What To Expect page for further details.
10) LINKS TO THIRD PARTY SITES ARE PROVIDED FOR YOUR CONVENIENCE
The NationsChoice Mortgage site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of NationsChoice Mortgage. NationsChoice Mortgage shall not responsible for the contents of any Linked Site, including any link contained in a Linked Site, or any changes or updates to a Linked Site. These links are provided only as a convenience, and the inclusion of any link shall not be an endorsement by NationsChoice Mortgage of the site.
11) CONDITIONS OF USE
As a condition of your use of the NationsChoice Mortgage site, you warrant to NationsChoice Mortgage that you will not use the NationsChoice Mortgage web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the NationsChoice Mortgage web site in any manner which could damage, disable, overburden, or impair the NationsChoice Mortgage web site or interfere with any other party's use of the NationsChoice Mortgage web site.
12) ENTIRE AGREEMENT
By agreeing to the Terms and Conditions, you are confirming that you have the full power and authority to enter into and perform in accordance with these Terms and Conditions. We encourage you to print and keep a copy for reference.