Welcome to Mortgage Servicing |Secure and easy online mortgage payment

Privacy Notice

Effective date: October 16, 2020

Last reviewed on: October 16, 2020

Introduction

Ocwen Financial Corporation ("OFC") respects your privacy, and this notice is being provided on its behalf, as well as its subsidiaries and affiliates. PHH Mortgage Corporation, and its subsidiaries and affiliates, (collectively, "PHH Mortgage Corporation Family", "Our", or "We") is a direct subsidiary of OFC, and handles all of the servicing-related activity for your mortgage loan(s), and thus all privacy-related questions or concerns should be sent to its attention. We respect your privacy and are committed to providing a transparent notice of our privacy practices.

PHH Mortgage Corporation primarily offers personal, household or family financial products or services. If you are a consumer or customer of personal, household, or family financial product or service, separate financial privacy notices may apply. Please refer to our financial privacy notices for consumers of personal, household or family financial product or services here.

If you are a California resident and not a consumer or customer of a personal, household, or family financial product or service, please click here.
Click here to make a California Verifiable Consumer Request.

We continue to focus on improving services for our customers. As such, we are completing minor maintenance on the site and some functionality may be unavailable during this maintenance window. We apologize for any inconvenience.

This policy describes the types of information PHH may collect from you offline or when you visit our websites, including mortgagequestions.com and PHHMortgage.com (our "Website") and our practices for collecting, using, maintaining, protecting, and disclosing that information.

Please read this policy carefully to understand Our policies and practices regarding your information and how We will treat it. This policy may change from time to time (see Changes to Our Privacy Policy).

This policy applies to information We collect:

on this Website;
in email, text, and other electronic messages between you and this Website;
when you interact with our employees or associates in person or on the phone, or through our call centers or via mail correspondence;
as a result of your transactions with us and our affiliates (businesses within the PHH Mortgage Corporation Family);
when you provide us with information on your loan application or through our loan servicing activities;
from providers of services to us, such as appraisers, appraisal management companies, real estate brokers, consumer credit reporting agencies; and
when you interact with our advertising and applications on third-party websites and services.

Information We Collect About You

We collect several types of information from and about you, including:

Information provided by you, such as name, address, email address, telephone number, social security number, education, employment, financial information, your assets and liabilities, income, username/password, your internet protocol address, and other personally identifying information;
Information provided by third parties about themselves such as payment information, or about you, such as credit reporting agencies, appraiser, insurance companies, employers, and real estate broker;
Information provided by our affiliates, such as your loan approval amount, loan balance, payment history and other loan account information from businesses within the PHH Mortgage Corporation Family; and
Information collected automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses and information collected through cookies for advertisements.

How We Use Your Information

We use information that we collect about you or that you provide to us:

to present our Website and its contents to you;
to provide you with information, products, or services that you request from us;
to determine your eligibility for financial products that we offer;
to provide you with notices about your account, including insurance expiration and renewal notices;
to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
to notify you about changes to our Website or any products or services PHH Mortgage Corporation Family offers or provides though it;
to allow you to participate in interactive features on our Website;
to work with marketing partners to provide you with products or services that may be of interest to you;
to provide referrals to our affiliates, subject to our Financial Privacy Notices;
to report aggregated information to our advertisers and to audit use of the Website;
to enforce compliance with our Website terms of use agreement, we may use your unique internal protocol address;
to fulfill any other purpose for which you provide it and in any other way We may describe when you provide the information; and
for any other purpose with your consent.

Disclosure of Your Information

We may disclose information that PHH Mortgage Corporation Family collects or you provide as described in this privacy policy:

to our subsidiaries and affiliates, subject to our Financial Privacy Notices;
to contractors, service providers, and other third parties We use to support our business;
to retailers and other third parties to market to you, subject to our Financial Privacy Notices;
to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of PHH Mortgage Corporation Family's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by PHH Mortgage Corporation Family about our Website users is among the assets transferred;
to fulfill the purpose for which you provide it;
for any other purpose disclosed by us when you provide the information; and
with your consent or direction

We may also disclose your Personal Information:

to comply with any court order, law, or legal process, including to respond to any government, regulatory, or law enforcement request;
to enforce or apply our Terms and Conditions and other agreements, including for billing and collection purposes; and
if We believe disclosure is necessary or appropriate to protect the rights, property, or safety of PHH Mortgage Corporation Family, our customers, or others (this includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.)

To non-borrowers who make mortgage payments on a loan that we service: If you are a non-borrower / non-authorized third party who provides us information in relation to an account serviced by Ocwen/PHH, you agree and hereby consent to allowing us to share your information with our borrower or authorized account holder.

Aggregated Usage Tracking

Aggregated usage tracking is conducted through the use of Internet Protocol (IP) addresses and cookies, as described below. Such information enables us to tailor our content to fit Customers' needs better and to help our advertisers understand our audience. We may disclose aggregated information about our users, and information that does not identify an individual.

Use of Internet Protocol (IP) Addresses

An IP address is a unique number that is automatically assigned to your computer whenever you're surfing the Internet so that your computer can be identified by the main computers known as web servers that "serve up" or display web pages.

We collect IP addresses for the purposes of system administration, to report aggregated information to our advertisers, and to audit the use of our MQ website. When Customers request pages from PHH Mortgage Services, our servers log the Customers' IP addresses. We do not normally link IP addresses to anything personally identifiable, which means that a Customer's session will be logged, but the Customer will remain anonymous to us. We can and will use IP addresses to identify a Customer when we feel it is necessary to enforce compliance with our MQ website terms of use agreement, other terms of service of PHH Mortgage Services, or to protect our service, website, customers or others.

Use of Cookies

What are cookies? Cookies are small pieces of information that a website sends to your computer for record-keeping purposes. This information is stored in a file on your computer. Cookies make web-surfing easier for you by saving your preferences so that we can use the saved information to facilitate your use of our MQ website when you return to the MQ website. Our use of cookies does not tell us your individual identity. We never save passwords, social security numbers or credit card information in cookies. The use of cookies is an industry standard, and as such, you'll find that most major websites use them. Cookies are used to recognize you when you visit our MQ website more than once so that information doesn't have to be repeatedly gathered. We do not store any of your personal information with cookies.

You can delete your cookie file at any time. Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or indicate when a cookie is being sent. However, note that the MQ website will not function properly if you refuse cookies. For example, without cookies, you will not be able to set personalized preferences, and/or may have difficulty completing marketing transactions.

You may occasionally get cookies from our partners. We do not control these cookies. The use of cookies sent by third-party servers is standard in the Internet industry.

For our Former Customers

In the event you cease to be a customer of ours for any reason, we will maintain and disclose your information consistent with the privacy policies and practices that apply to our then-current customers. Please note, however, you will no longer receive annual Privacy Notices once you cease being a customer of ours.

What happens when you link to a third-party site?

You should be aware that when you are on our MQ website you could hyperlink or be directed to other websites that are beyond our control and/or outside our service. For example, if you "click" on a banner advertisement, the "click" may transfer you off the MQ website. These other websites may include websites of advertisers, sponsors and partners that may use our logo as part of a co-branding agreement. These other websites may send their own cookies to Customers, collect data, or solicit information.

We does not control such websites, and, therefore, is not responsible for their contents or the hyperlinks or advertising they choose to place on such websites. Our inclusion of hyperlinks to these websites does not imply any endorsement of the material on such websites or any association with their operators. Our privacy policy does not extend to anything that is inherent in the operation of the Internet, which is beyond our control.

Please keep in mind that whenever you give out information online (for example, via message boards or chat) that information can be collected and used by people you don't know. While we strive to protect our Customers' information and privacy, we cannot guarantee the security of any information you disclose online, and you disclose such information at your own risk.

Consumer Financial Privacy Notice

If you have inquired about or obtained a personal or household financial product or service from PHH Mortgage Corporation Family, please also carefully read PHH Mortgage Corporation Family's Consumer Financial Privacy Notice that applies to you below to understand how your information is protected. Use the link below specific to your state of residency to view PHH Mortgage Corporation Family's Consumer Financial Privacy Notice.

California Customers: Click here

North Dakota, and Vermont Customers: Click here

All Customers residing in states not listed above: Click here

Children Under the Age of 16

Our Website is not intended for children under 16 years of age. No one under age 16 may provide any information to or on the Website. We do not knowingly collect Personal Information from children under 16. If you are under 16, do not use or provide any information to or on this Website or through any of its features. If We learn We have collected or received Personal Information from a child under 16 without verification of parental consent, We will delete that information. If you believe We might have any information from or about a child under 16, please contact in one of the ways provided in the Contact Information section, below.

Data Security

We have implemented reasonable measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. Where We have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

California Privacy Rights

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to digitalmedia@phh.com or write us at:

PHH Mortgage Corporation

Attn: CCPA Customer Service
P.O. BOX 24736
West Palm Beach, FL 33416-4736

[PHH Mortgage Corporation Family responds to Do Not Sell Opt-Out requests as disclosed in the section "What we Sell and Right to Opt-Out." Otherwise, PHH Mortgage Corporation Family does not respond to Web browser "do not track" signals or other mechanisms.]

[Other parties may collect personally identifiable information about your activities over time and across different Web sites when a consumer uses our Web site or service.]

Changes to Our Privacy Policy

It is our policy to post any changes We make to our privacy policy on this page.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

Attn: Customer Service

1-877-726-5793

Digitalmedia@phh.com

YOUR ACCEPTANCE OF THE TERMS OF THIS PRIVACY POLICY

By using the MQ website, you signify your agreement to the privacy policy of PHH Mortgage Services. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, PLEASE DO NOT USE THIS MQ WEBSITE. Your continued use of the MQ website following the posting of changes to these terms will mean you accept those changes.

THIS TERMS OF USE AGREEMENT ("Agreement") IS A BINDING LEGAL AGREEMENT BETWEEN YOU ("You" or "Your") AND PHH MORTGAGE CORPORATION ("PHH"). BEFORE ACCESSING OR USING PHH's WEBSITE LOCATED AT www.mortgagequestions.com, AND THE MANY FEATURES, TOOLS, PROGRAMS, SERVICES, MATERIALS, AND INFORMATION CONTAINED THEREON (collectively, "Website"), YOU MUST ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT BY SELECTING "I ACCEPT" BELOW. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE WEBSITE AND ARE INSTRUCTED TO EXIT THE WEBSITE IMMEDIATELY.

IP Ownership; License

IP Ownership. Unless otherwise set forth in this Agreement, all text, logos, page headers, scripts, images, sounds, code, illustrations, designs, icons, photographs, video clips, and other materials that are part of this Website (collectively, the "Contents"), including the design, structure, selection, coordination, expression, "look and feel", and arrangement of any Contents, are copyrighted works, trademarks, trade dress, or other intellectual properties owned, controlled, or licensed by PHH, its subsidiaries, affiliates, successors and/or assigns. The Website as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by PHH, its subsidiaries, affiliates, successors and/or assigns. Other trade names, copyrighted materials, and trademarks contained on the Website appear with the permission of their respective owners. No express or implied right, title or interest in any of the Contents, the Website, downloaded materials, or software is transferred to You as a result of your use and access of the Website.

License. PHH hereby grants You a personal, revocable, limited, non-exclusive, royalty-free, non-sublicensable, worldwide, non-transferable license to use and access the Website and the Contents contained thereon subject to Your compliance with the terms and conditions of this Agreement. Except as specifically authorized in this Agreement, You may not reproduce, store, publish, frame, transmit, distribute, display, alter, modify, translate, decompile, disassemble, broadcast, create derivate works from, rent, lease, license, sublicense, sell or exploit in any way, in whole or in part, any of the Contents, the Website, or any related software without the express written consent and approval by PHH.

Information Protection

User Restrictions. In order to maintain the integrity and security of the Website, You understand and agree that You may not use any "deep link", "robot", "spider", or any other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website to obtain or attempt to obtain any Contents, materials, documents, or information through any means not purposely made available on the Website and otherwise expressly authorized by PHH. You are also expressly prohibited by PHH from engaging in the following conduct or activities in connection with your use and access of the Website:

Data mining, harvesting, or collecting email addresses or other personal identifiable information of other users of the Website by any method or means for the purpose of sending unsolicited emails or other unsolicited communications;

Any use or access of the Website that may cause damage, harm, disablement, or overburden of the Website or any PHH systems, services, or networks connected to the Website;

Impersonating any person or entity, disguising Your identity, or misrepresenting or falsifying by any means any information provided by You to PHH.

Uploading, posting, transmitting, sharing, storing, or otherwise making available any malicious code, files, or programs that are intended to interrupt, interfere, impair, or destroy the functionality or operation of the Website or any computer or other equipment used by PHH or other users to operate, access or use the Website;

Your use or attempted use of another user's account without the consent of that user or by PHH;

Attempting to gain unauthorized access to any portion or feature of the Website, or any PHH systems, services, or networks connected to the Website, by hacking, password "mining", or any other illegitimate or prohibited means;

Probing, scanning, or testing the vulnerability of the Website or any PHH systems, services or networks connected to the Website;

Breaching the security or authentication measures on the Website or any PHH systems, services, or networks connected to the Website; and.

Providing material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designed by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.

If you are a non-borrower / non-authorized third party who provides us information in relation to an account serviced by Ocwen/PHH, you agree and hereby consent to allowing us to share your information with our borrower or authorized account holder.

Enforcement. Actual or attempted unauthorized use of the Website may result in criminal and/or civil prosecution. PHH reserves the right, in its sole and absolute discretion and at any time and without due cause, notice or permission from You, to (a) view, monitor, and record activity on the Website, and (b) modify, restrict, suspend, or terminate Your access and use of the Website, or any portion thereof. PHH assumes no responsibility or liability arising from such restriction, suspension or termination of Your access or use of the Website. PHH will fully cooperate with any law enforcement authorities or court order requesting or directing PHH to disclose the identity of anyone using or accessing the Website in violation of the terms and conditions of this Agreement.

Registration, User Contents, Control

Registration. Registration to the Website is void where prohibited. You must be eighteen (18) years of age or older to register, use and access the Website. Any registration, use, or access of the Website by anyone under eighteen (18) years of age is unauthorized, unlicensed and in violation of the express terms and conditions of this Agreement. By registering, using, and/or accessing this Website, You represent and warrant that You are eighteen (18) years of age or older. You represent and warrant that the execution of this Agreement does not violate or cause You to be in breach of any other agreement with, or of any obligation owed to, another person or company.
Upon registering with the Website, You agree to comply with all applicable local, state, federal, and international laws and regulations with respect to Your access and use of the Website. You further agree to provide accurate, current and complete information about You as requested in PHH's registration form. If You provide any false, inaccurate, untrue, or incomplete information, PHH reserves the right to immediately terminate Your access and use of the Website. You agree that Your login name and password is confidential information and will be kept confidential by You. You agree not to disclose Your login name and password to any third party. If at any time You believe that Your login name and/or password has been revealed to any other party, or otherwise compromised, You agree to change Your login name and/or password immediately through the Website. PHH shall not be liable to You or any third party for any loss or damage arising from Your failure to comply with Your registration obligations.
User Contents. You are responsible for any and all Contents that You upload, publish or cause to be displayed on the Website ("User Contents"). You represent and warrant that any and all User Contents are Your own original work of authorship or that You have obtained the requisite permission to upload, publish, or display the User Contents and the User Contents do not violate or infringe upon the intellectual property or other proprietary rights of any third party. By uploading, publishing, or displaying the User Contents on the Website, You retain full ownership of all trademarks, copyrights, and other proprietary rights associated with the User Contents. By uploading, publishing, or displaying the User Contents on the Website, You automatically grant PHH an irrevocable, perpetual, non-exclusive, transferable, sublicensable, fully paid, royalty free, worldwide license to use, copy, reproduce, publicly display, reformat, translate, excerpt, and distribute the User Contents as PHH deems necessary in its sole and absolute discretion in connection with PHH's operation of and business purpose for the Website. You may remove Your User Contents from the Website at any time. If You choose to remove Your User Contents, the license granted above will automatically terminate, however, PHH may retain archived copies of Your User Contents in our database.
You are prohibited from uploading, posting, transmitting, sharing, storing, or otherwise making available any User Contents that PHH considers, in its absolute and sole discretion, harmful, threatening, unlawful, scandalous, pornographic, profane, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable. You are also prohibited from uploading, posting, transmitting, sharing, storing, or otherwise making available User Contents that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, federal, or international law or regulation.

PHH reserves the right, but undertakes not duty, to review, edit, move, or delete any User Contents uploaded, published, or displayed on the Website, in PHH's sole and absolute discretion and without notice to You. PHH assumes no responsibility or liability arising from (a) the deletion of or failure to store any User Contents, (b) the content of any such uploading, publishing, or displaying of the User Contents, and (c) any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any User Contents uploaded, published, or displayed on the Website.
Control Over User Contents. You agree that PHH has no control over the extent to which the User Contents may be used by any party or person once it is uploaded, published, or displayed on the Website. You agree that PHH has not become, nor shall PHH be deemed, a publisher of the User Contents due to PHH's permission for You to upload, publish, or display Your User Contents on the Website. You agree that PHH sole function with regard to the User Contents is that of an intermediary enabling You to upload, publish, and display the User Contents on the Website.
PHH shall not be responsible for screening, policing, editing, or monitoring Your User Contents. PHH does not endorse, oppose, or edit any User Contents provided by You and does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any User Contents uploaded, published or displayed by You. Notwithstanding the foregoing, if PHH determines, in its sole and absolute discretion, that any portion of the User Contents violates the terms and conditions of this Agreement, PHH may delete the unacceptable content from Your User Contents, remove or delete the User Contents in its entirety, issue You a violation notice, and/or terminate Your use of the Website.

Disclaimers; Limitation of Liability; Indemnity

Product Information; Opinions. Any specific commercial products or services offered by any third party on the Website does not constitute or imply its endorsement, sponsorship, veracity, quality, or recommendation by PHH. The opinion of any third parties expressed on the Website, in the Contents, or in the User Contents located on the Website do not necessarily state or reflect those of PHH.

Colors. PHH attempts to display as accurately as possible the colors of products shown on the Website. Unfortunately, the actual colors You see will depend on Your monitor, and PHH does not guarantee that Your monitor's display of any color will be accurate.

Links To Third Party Websites and Services. PHH does not control the availability or content of any third party websites, services, or resources to which this Website may link. Your use of these third party websites, services, or resources to which this Website may link is at Your sole risk and PHH hereby disclaims any liability for any loss or damage suffered by You as a result of Your use of said third party websites, services or resources. Concerns regarding any such service, resource, or link should be directed to the particular third party. PHH does not endorse, sponsor, sanction, or verify websites that link to the Website, even if PHH's logo or mark is used a part of the link to this Website.

Use of Website. PHH DOES NOT REPRESENT OR WARRANT AND HEREBY DISCLAIMS THAT THE SOFTWARE, CONTENTS, OR OTHER MATERIALS ON THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PHH SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR DATA, FILES, NETWORK, INFORMATION SYSTEMS, COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OR UPLOADING OF ANY MATERIALS, USER CONTENTS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM OR TO THE WEBSITE, WHETHER THROUGH INFECTION BY A VIRUS OR OTHERWISE, UNLESS PROVEN TO BE CAUSED BY THE WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF PHH.
THIS WEBSITE AND ALL CONTENTS OF THE WEBSITE ARE PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY AND LIABILITY FOR ALL COSTS ASSOCIATED WITH FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER CONNECTION PROBLEMS, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES, OR NATURAL DISASTERS, STRIKES, OR OTHER LABOR PROBLEMS, WARS, OR GOVERNMENTAL RESTRICTIONS, ANY BUSINESS OR OTHER ARRANGEMENTS YOU MAY ENTER INTO WITH ANOTHER USER REGISTERED ON OUR WEBSITE, AND ALL NECESSARY SERVICING OR REPAIR OF ANY ELECTRICAL, MECHANICAL, OR OTHER EQUIPMENT OR SOFTWARE YOU USE IN CONNECTION WITH YOUR USE AND ACCESS OF THE WEBSITE, UNLESS IT IS PROVEN THAT SUCH SERVICING OR REPAIR IS REQUIRED DUE TO THE WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF PHH.
Limitation of Liability. PHH SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR DATA) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, OR USE OF, THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF PHH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, PHH'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PHH FOR YOUR USE OF AND ACCESS TO THE WEBSITE DURING THE PRIOR THREE MONTHS. THE FOREGOING LIMITATION ON PUNITIVE DAMAGES SHALL NOT APPLY TO NEW JERSEY USERS.

Indemnity. You agree to defend, indemnify, and hold PHH and its subsidiaries, affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns, harmless from and against any and all claims, liabilities, judgments, proceedings, injuries, losses, damages, attorney's fees and other costs and expenses of every kind or nature arising from or related to Your use of and access to the Website and any breach by You of the terms and conditions of this Agreement.

User Comments

You agree that PHH may use or disclose information about You and Your use of the Website in accordance with PHH's privacy policy. All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to PHH on or by the Website or otherwise disclosed, submitted or offered in connection with Your use of the Website (collectively, "Comments") shall be owned by and remain the property of PHH. You agree that PHH is free to use, without Your consent, restriction and compensation to You, any ideas, concepts, know-how, suggestions, or techniques contained in any Comments You send to the Website for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products or services using such information. PHH has no obligation to respond to any Comments. You agree that Comments submitted by You to the Website will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s).

Term; Termination

This Agreement is effective upon your access and use of the Website unless and until terminated by You or PHH. This Agreement will automatically terminate if You did not accept the terms and conditions of this Agreement. You may terminate this Agreement at any time upon delivery of written notice to PHH, provided that any such termination will have no effect on Your liability as a result of Your use of and/or access to the Website and for all amounts owing to PHH as of the date of such termination. PHH may also terminate this Agreement at any time and without notice if, in PHH's sole and absolute discretion, You failed to comply with any term or provision of this Agreement. PHH reserves the right, without prior notice and in its sole and absolute discretion, to change, suspend, discontinue, or limit Your access to any aspect of the Website at any time that PHH has reason to believe that You have violated the terms and conditions of this Agreement. Upon termination of this Agreement by either You or PHH, You must promptly destroy all materials downloaded or otherwise obtained from the Website, as well as all copies of such material, whether made under the terms of this Agreement or otherwise.

Miscellaneous

Injunctive Relief. You acknowledge that any breach, threatened or actual, of this Agreement will cause irreparable injury to PHH, such injury would not be quantifiable in monetary damages, and PHH would not have an adequate remedy at law. You therefore agree that PHH shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of Your obligations under any provision of this Agreement. Accordingly, You hereby waive any requirement that PHH post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to PHH to enforce any provision of this Agreement.

Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other part or provision of this Agreement.

Waiver. The waiver by PHH of any breach of any provision of this Agreement by You shall not be construed to be either a waiver of PHH's rights regarding any succeeding breach of any such provision by You or a waiver of the provision itself.

Entire Agreement. This Agreement constitutes the entire agreement between You and PHH with respect to this subject matter and supersedes all previous proposals, both oral and written, negotiations, representations, commitments, writings and all other communications between You and PHH.

Choice of Law and Jurisdiction. PHH makes no representation that the Website is appropriate or available for use in other locations outside the United States, and access to the Website from states, territories, or nations where any aspect of the Website is illegal is prohibited. This Agreement shall be construed in accordance with the laws of New Jersey, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state or federal courts of the State of New Jersey. You hereby expressly agree to submit to the personal jurisdiction of such courts and waive any objection to the venue in such courts. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this Agreement and is hereby disclaimed.

Modifications. PHH may from time to time change the terms and condition that govern Your use and access of the Website. PHH will post these changes in this Agreement. Your use and access of the Website following any such change constitutes Your agreement to follow and be legally bound by the terms and conditions as modified. PHH may change, move, or delete portions of the Website, or may add to the Website from time to time.

No Assignment. This Agreement is personal to You, and You may not assign Your rights or obligations to any other person or entity without PHH's prior written consent.

Reservation of Rights. Any and all rights not express granted in this Agreement are hereby reserved by PHH.

Contact. Any questions or comments concerning the Website should be sent via email to at customerservice@mortgageservices.com.