Legal Info

Terms of Use

Your use of this application and your transactions conducted with WAM Lending in connection with this application are subject to the following terms and conditions, also referred to as "Terms of Use." Clicking onto pages beyond the application’s homepage constitutes your acceptance of and agreement with the Terms of Use whether or not you complete a transaction with WAM Lending and whether or not you complete your transaction on the application or through other channels, such as by phone, by email, facsimile, or otherwise. If you do not agree to the Terms of Use, you may not use this application.

Application Ownership

This application is owned and operated by WAM Lending, which is referred to below as "WAM Lending" or "we" or "us" or "Company" or "our."

Permitted Use

You agree that:

• Your use of this application is subject to and governed by these Terms of Use.
• You will only access or use this application and transact business with us if you are at least 18 years old.
• You will comply with and be bound by these Terms of Use as they appear on this application each time you access and use this application.
• Each use of this application by you indicates and confirms your assent to and agreement to be bound by these Terms of Use.
• These Terms of Use are a legally binding agreement between you and WAM Lending that will be enforceable against you.

You agree that you will not use or attempt to use this application for any purpose other than conducting mortgage-related business with WAM Lending as a bona fide client. You may not use or attempt to use this application or any part of this application for any purpose:

• That interferes with or induces a breach of the contractual relationships between WAM Lending and its employees.
• That is 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 or commercial communications.
• That transmits any harmful or disabling computer codes or viruses.
• That harvests email addresses from this application.
• That interferes with our network services.
• That attempts to gain unauthorized access to our network services.
• That suggests an express or implied affiliation with WAM Lending without express written permission.
• That impairs or limits our ability to operate this application or any other person’s ability to access and use this application.
• That unlawfully impersonates or misrepresents your affiliation with any person or entity.
• That harms minors in any way, including 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.
• That dilutes or depreciates the name and reputation of WAM Lending or any of its affiliates.
• That transmits or uploads any content or images that infringe on any third party’s intellectual property rights or right of privacy.
• That unlawfully transmits or uploads any confidential, proprietary, or trade secret information.

Access To This Application

WAM Lending reserves the right at all times, in its sole discretion and without notice to you, to deny your access to and use of this application.

Use Of This Application

You agree and acknowledge that you have the sole responsibility and liability for your use of this application and for providing or obtaining, and maintaining, all of the hardware, software, electrical power, telecommunications, internet services, and other products or services necessary or desirable for you to access and use this application.

Intellectual Property Rights

The following marks appearing on this application are trademarks and/or service marks of WAM Lending:

• All other marks used on this application are the property of their respective owners.
• Application Content: You acknowledge and agree that all content, pages, source code, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, "look and feel", and the operation of this application (collectively "Application Content") are protected by various intellectual property laws, including, but not limited to, copyrights, patents, trade secrets, trademarks, and service marks. All rights associated with the Application Content are owned by WAM Lending, its licensors, or content providers.

Furthermore, you acknowledge and agree that you do not acquire any ownership rights by downloading or viewing any Application Content. You further acknowledge and agree that 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 page, or alter the appearance of any Application Content.

You may not use Application Content, domain names (in whole or in part), or email addresses related to or derived from this application, nor any data, trademarks, functionality, service marks, trade names, brand names, and/or logos contained within or derived from this application, for any purpose; meaning that you may not, among other prohibited uses, use any Application Content, domain names, email addresses, data, trademarks, service marks, trade names, brand names, and/or logos on or derived from this website:

• In or as any meta-tag or hidden text;
• In or as part of any contextual marketing directory, index, or triggering term;
• As content or advertising related to any other application including, but not limited to, comparative/informational applications; and/or
• As a variable or data element in any algorithm that causes another Internet browser to appear on, over, or at the same time as the Company’s application or controls the content of any other application.

Submissions

You acknowledge and agree that all submissions to WAM Lending containing any comments, improvements, suggestions, and ideas regarding this application will become and remain our exclusive property, including any future rights associated with such submissions, even if the provisions of these Terms of Use are later modified or terminated. This means that you forever disclaim any proprietary rights in such submissions, and you acknowledge WAM Lending’s unrestricted right to use, publish, and commercially exploit identical, similar, or derivative ideas originating from your submission, in any medium, now and in the future, without notice, compensation, or other obligation to you or any other person.

Linking

Not Responsible For Links to Other Websites

For your convenience, this website may provide links to other websites on the World Wide Web. Unless expressly stated otherwise on this website, WAM Lending does not endorse, approve, sponsor, or control, and we are not in any way responsible for, any of the content, services, calculations, information, products, or materials available at or through any websites to which this website may provide a link. By using this website you acknowledge and agree that WAM Lending will not be responsible or liable to you or any other person for any damages or claims that might result from your use of such content, services, calculations, information, products, or materials.

Revisions And Modifications

You agree and acknowledge that we may revise or change these Terms of Use at any time, without notice to you, and you agree that you will be bound by the provisions of these Terms of Use as they appear on this application at the time you access this application. Because these Terms of Use may change, we encourage you to refer back often to these Terms of Use. In addition, you agree and acknowledge that all other content, services, products, and materials on or available through this application are subject to updating and revision without notice to you. You further acknowledge and agree that individual modifications to the Terms of Use may not be altered by contract unless expressly permitted in writing by the President of WAM Lending.

Location

You understand and acknowledge that WAM Lending controls and operates this application from within the United States of America. This application provides information regarding services and products that are made available in the United States only. We make no representation that the services or products about which information may be provided on this application will be available (a) anywhere outside of the United States or (b) in every state within the United States. You acknowledge and agree that you are responsible for compliance with all federal, state, and local laws applicable to your access to and use of this application.

User IDs And Passwords

Certain areas or features of this application may be restricted to users who have obtained a user identification and password by completing a registration process described on this application. Please be sure to protect and maintain the confidentiality of any user identification, password, or other identifying information you may obtain in connection with your use of this application. You agree to notify WAM Lending immediately if you believe your user identification, password, or other identifying information has been lost, stolen, or otherwise compromised. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this application by any person to whom you have provided your user identification, password, or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this application that may occur after you have notified us that your user identification, password, or other identifying information has been lost, stolen, or otherwise compromised.

Privacy

WAM Lending will process your personal information as described in the WAM Lending Privacy Policy.

Indemnification

If you make any unauthorized use of this application or violate the Terms of Use:(a) You may be in violation of copyright and other laws of the United States, as well as applicable state laws, and may be subject to penalties, and(b) You may be responsible for damages caused to the Company. You agree to indemnify WAM Lending and its affiliates, vendors, and licensors, and all of the employees, officers, directors, agents, and representatives of WAM Lending.

Disclaimers

THE APPLICATION CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WAM LENDING 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. WAM LENDING MAKES NO REPRESENTATION OR WARRANTY REGARDING THE APPLICATION CONTENT OR ITS USE THEREOF. THE APPLICATION CONTENT ON OR AVAILABLE THROUGH THIS APPLICATION COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND COULD BECOME INACCURATE BECAUSE OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES OF PREPARATION OR PUBLICATION. WAM LENDING HAS NO OBLIGATION TO MAINTAIN THE CURRENCY OR ACCURACY OF ANY APPLICATION CONTENT ON OR AVAILABLE THROUGH THIS APPLICATION.

YOU ACKNOWLEDGE AND AGREE THAT WAM LENDING IS NOT, AND SHALL NOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS APPLICATION OR ITS OPERATION. AS TO THE OPERATION OF THIS APPLICATION, WAM LENDING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WAM LENDING MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE OPERATION OF THIS APPLICATION WILL MEET YOUR OR ANY OTHER USER'S REQUIREMENTS; (B) ACCESS TO THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS; OR (C) ANY DEFECTS IN THIS APPLICATION WILL BE CORRECTED. YOU AGREE THAT YOU, AND NOT WAM LENDING, 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 OR VISITING THIS APPLICATION.

Limitation Of Liability

YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL WAM LENDING BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES OR INJURY CAUSED BY ERROR, INACCURACY, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, TELECOMMUNICATIONS FAILURE, COMPUTER VIRUS, OR OTHER PROBLEM, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS APPLICATION OR THE APPLICATION CONTENT ON OR AVAILABLE THROUGH THIS APPLICATION, WHETHER IN AN ACTION ALLEGING BREACH OF CONTRACT, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY APPLICATION CONTENT ON OR AVAILABLE THROUGH THIS APPLICATION. YOU AGREE THAT WAM LENDING SHALL NOT BE LIABLE EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH 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 WAM LENDING'S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN ACCESSING OR USING THIS APPLICATION OR APPLICATION CONTENT THEREON.

Governing Law and Arbitration

You agree that these Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You understand and agree to resolve through final and binding arbitration the following claims, disputes, or controversies arising between you and WAM Lending, and its parents, affiliates, subsidiaries, or related companies: all claims, disputes, or controversies arising from the Telephone Consumer Protection Act of 1991 (“TCPA”), or state law claims similar to the TCPA. You will arbitrate TCPA claims between you and WAM Lending at a location the arbitrator will determine in compliance with WAM Lending’s Governing Law provision. The arbitrator, not the court, will resolve the issue of arbitrability. Any state or federal court having jurisdiction thereof may enter judgment of any award the arbitrator renders. This arbitration contract is made under a transaction in interstate commerce, and the Federal Arbitration Act (“FAA”) will govern its interpretation, application, enforcement, and proceedings. As the Governing Law provision indicates, the laws of the State of California govern the enforceability of this arbitration provision as a contract, but not the scope of this provision. Neither you nor WAM Lending are entitled to join or consolidate claims in arbitration by or against other consumers or to arbitrate any claim as a representative or member of a class or in a private attorney general capacity. The parties voluntarily and knowingly waive any right they have to a jury trial for TCPA-related matters which, based on the above, will be arbitrated. You agree that any other action(s) at law or in equity arising out of or relating to these Terms of Use or the use of this website shall be filed only in the state or federal courts located in Orange County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating.

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