Terms of Use


IMPORTANT! THESE TERMS OF USE GOVERN YOUR USE OF THIS WEBSITE, WHICH IS PROVIDED BY HOMEUNION LENDING. BY ACCESSING THIS WEBSITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY HOMEUNION LENDING AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS WEBSITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.

1. ACCESS TO THIS WEBSITE
To access this website or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this website that all the information you provide on this website will be correct, current, and complete. If HomeUnion Lending believes the information you provide is not correct, current, or complete, HomeUnion Lending has the right to refuse you access to this Website or any of its resources, and to terminate or suspend your access at any time.

2. RESTRICTIONS ON USE
You may use this Website for purposes expressly permitted by this Website. You may not use this Website for any other purpose, including any commercial purpose, without HomeUnion Lending’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this Website, or (ii) frame this Website, without the express prior written permission of an authorized representative of HomeUnion Lending. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Website or content accessible within this Website. You agree to cooperate with HomeUnion Lending in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

3. PROPRIETARY INFORMATION
The material and content accessible from this Website, and any other World Wide Website owned, operated, licensed, or controlled by HomeUnion Lending (the “Content”), is the proprietary information of HomeUnion Lending or the party that provided the Content to HomeUnion Lending, and HomeUnion Lending or the party that provided the Content to HomeUnion Lending retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of HomeUnion Lending, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates HomeUnion Lending’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Website.

4. HYPER-LINKS
This Website may be hyper-linked to other Websites which are not maintained by, or related to, HomeUnion Lending. Hyper-links to such Websites are provided as a service to users and are not sponsored by or affiliated with this Website or HomeUnion Lending. HomeUnion Lending has not reviewed any or all of such Websites and is not responsible for the content of those Websites. Hyper-links are to be accessed at the user’s own risk, and HomeUnion Lending makes no representations or warranties about the content, completeness, or accuracy of these hyper-links or the Websites hyper-linked to this Website. Further, the inclusion of any hyper-link to a third-party Website does not necessarily imply endorsement by HomeUnion Lending of that Website.

5. SUBMISSIONS
You hereby grant to HomeUnion Lending the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to HomeUnion Lending through this Website (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. HomeUnion Lending will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future HomeUnion Lending operations.
HomeUnion Lending will treat any personal information that you submit through this Website in accordance with its Privacy Policy.

6. TRADEMARKS
Trademarks, service marks, and logos appearing in this Website are the property of HomeUnion Lending or the party that provided the trademarks, service marks, and logos to HomeUnion Lending. HomeUnion Lending and any party that provided trademarks, service marks, and logos to HomeUnion Lending retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Website.

8. INFORMATION YOU PROVIDE
You may not post, send, submit, publish, or transmit in connection with this Website any material that:
• you do not have the right to post, including proprietary material of any third party;
• advocates illegal activity or discusses an intent to commit an illegal act;
• is vulgar, obscene, pornographic, or indecent;
• does not pertain directly to this Website;
• threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening, or offensive;
• seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise;
• infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
• violates any law or may be considered to violate any law;
• impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
• advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Website;
• solicits funds, advertisers, or sponsors;
• includes programs that contain viruses, worms, and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications;
• disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type or otherwise act in a way which affects the ability of other people to engage in real-time activities via this Website;
• includes MP3 format files;
• amounts to a ‘‘pyramid’’ or similar scheme;
• disobeys any policy or regulations established from time to time regarding use of this Website or any networks connected to this Website; or
• contains hyper-links to other Websites that contain content that falls within the descriptions set forth above.
HomeUnion Lending reserves the right to monitor use of this Website to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your Submissions. You acknowledge and agree that neither HomeUnion Lending nor any third party that provides Content to HomeUnion Lending will assume or have any liability for any action or inaction by HomeUnion Lending or such third party with respect to any Submission.

9. SECURITY
Any passwords used for this Website are for individual use only. You will be responsible for the security of your password (if any). HomeUnion Lending will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that HomeUnion Lending considers insecure, HomeUnion Lending will be entitled to require the password to be changed and/or terminate your Account.
You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, HomeUnion Lending reserves the right to release your details to system administrators at other Websites in order to assist them in resolving security incidents. HomeUnion Lending reserves the right to investigate suspected violations of these Terms of Use.
HomeUnion Lending reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing HomeUnion Lending to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. By accepting this agreement you waive and hold harmless HomeUnion Lending from any claims resulting from any action taken by HomeUnion Lending during or as a result of it’s investigations and/or from any actions taken as a consequence of investigations by either HomeUnion Lending or law enforcement authorities.

10. SEPARATE AGREEMENTS
You may have other agreements with HomeUnion Lending. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with HomeUnion Lending.

11. NO PROFESSIONAL ADVICE
In no way does any data, information, content or material provided through the Website (including without limitation, any applications, contracts, disclaimers and menus) constitute legal advice. HomeUnion Lending is not engaged in the practice of law or in providing legal services. Access to, transmission or receipt of or reliance upon contracts or other materials, data, content or information from the Website does not create an attorney-client relationship between you or any other person and HomeUnion Lending. Nothing provided herein should be used as a substitute for the advice of competent counsel licensed in the applicable jurisdiction with reference to the particular circumstances.

12. REPRESENTATIONS, WARRANTIES AND COVENANTS
You represent, warrant and covenant to HomeUnion Lending that:
A. You will comply at all times with all applicable federal, state and local laws, rules and regulations in your use of the Website and/or your use or disclosure of any data, information or materials you submit to or receive through the Website;
B. You will comply with all the terms of these Terms of Use;
C. You have obtained all necessary licenses, releases and consents to grant the rights set forth herein;
D. You have all regulatory approvals, authorizations, licenses, permits, and other permissions, consents and authorities whatsoever needed to use the Website and perform your obligations under these Terms of Use and any other related agreement you have with HomeUnion Lending;
E. You will not use the Website for any purpose other than that intended by HomeUnion Lending;
F. Individuals accessing the Website who are your employees, contractors or agents have been duly assigned a login name and password or other access credentials, as applicable;
G. Login names, passwords and any other access credentials will be used solely on your computer equipment;
H. You will not, nor will you permit any other person, corporation or entity, without the prior written consent of HomeUnion Lending to: (i) copy, duplicate or grant permission to the Website or any part thereof; (ii) create, attempt to create, or grant permission to the source program and/or object program or code associated with any software component of the Website; (iii) assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the Website or directly or indirectly permit any third party to use the Website; (iv) decompile or disassemble any software or other component of the Website or any report or document generated therefrom; (v) engage in any reverse engineering; (vi) modify, alter or delete any of the copyright notices embedded in or affixed to the copies of any components of the Website; (vii) export any application provided hereunder or any portion of the Website, or access the Website from outside the United States; or (viii) use HomeUnion Lending’s name, URLs, trademarks, server, or other materials in connection with, or to transmit, any “spam.” For the purposes of this provision, “spam” has the meaning generally understood among Internet users; and
I. No transmission from your computer equipment or other source will contain (i) any intentionally injurious instructions (e.g. “viruses”) that are designed to modify, damage, delete or disable the Website or any applications thereon; (ii) any hidden passwords that permit unauthorized access to the data or the Website, or (iii) any embedded code that could trigger, shut down or disable the Website.

13. CONFIDENTIAL INFORMATION
“Confidential Information” is the nonpublic and/or proprietary information revealed by HomeUnion Lending, including without limitation all forms and types of financial, business, scientific, technical, economic or engineering information of HomeUnion Lending provided through the Website. You agree to keep all Confidential Information acquired from HomeUnion Lending, whether in connection with your use of the Website or otherwise, confidential. You shall not use the Confidential Information except as expressly provided herein, and you shall not disclose the Confidential Information without express written permission from HomeUnion Lending. All Confidential Information shall remain the property of HomeUnion Lending and shall not in any manner be deemed licensed or transferred to you. You shall return or destroy all Confidential Information on HomeUnion Lending’s request, upon the termination of these Terms of Use, upon termination of your rights to use the Website, or upon termination of any separate agreement under which you are authorized to use the Website.
You shall comply with all privacy and data protection laws, rules and regulations which are or which may in the future be applicable to your use of the Website or any applications, data or information provided on or through the Website. Without limiting the generality of the foregoing sentence, you agree that you will not use or disclose to any other party any nonpublic personal information which you receive in connection with these Terms of Use or through the Website, except as expressly permitted in these Terms of Use or by applicable law.
You acknowledge and agree that: (a) irreparable injury will result to HomeUnion Lending in the event of a breach by you of this obligation of confidentiality, (b) HomeUnion Lending’s remedy at law for such breach is inadequate and (c) HomeUnion Lending, in addition to any money damages for any such breach, shall be entitled to temporary and permanent injunctive relief without the necessity of proving damages, and that HomeUnion Lending shall not be required to post bond as a condition of such relief. This provision shall survive the expiration or termination of these Terms of Use and any applicable access agreement or other separate agreement between you and HomeUnion Lending that authorizes you to use the Website.

14. DISCLAIMER
You understand that HomeUnion Lending cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Website for the reconstruction of any lost data. HomeUnion Lending does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by HomeUnion Lending. As applicable, investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this Website is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.

Your use of this website is at your own risk. The content is provided “as is” and without warranties of any kind, either expressed or implied. HomeUnion Lending disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. HomeUnion Lending does not warrant that the functions or content contained in this website will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available is free of viruses or other harmful components. HomeUnion Lending does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. the content may include technical inaccuracies or typographical errors, and HomeUnion Lending may make changes or improvements at any time. You, and not HomeUnion Lending, assume the entire cost of all necessary servicing, repair or correction in the event of any loss or damage arising from the use of this website or its content. HomeUnion Lending makes no warranties that your use of the content will not infringe the rights of others and assumes no liability or responsibility for errors or omissions in such content.

All of the information in this Website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Website, and HomeUnion Lending does not undertake any obligation to update such information after it is posted or to remove such information from this Website if it is not, or is no longer, accurate or complete.

15. LIMITATION ON LIABILITY
HomeUnion Lending, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if HomeUnion Lending has been advised of the possibility of such damages. In no event will the collective liability of HomeUnion Lending and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $100 or the amount you have paid to HomeUnion Lending for the applicable content or service out of which liability arose.

16. INDEMNITY
You will indemnify and hold HomeUnion Lending, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you or your employee, contractor or agent, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Website.

17. MISCELLANEOUS
These Terms of Use will be governed and interpreted pursuant to the laws of California, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in California in connection with any dispute between you and HomeUnion Lending arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in Irvine, California. If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this Website will govern the items to which they pertain. HomeUnion Lending may revise these Terms of Use at any time by updating this posting.

Last updated: 12-14-2015