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
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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.
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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
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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.
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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.
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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
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Reservation of Rights. Any and all rights not express granted in this
Agreement are hereby reserved by PHH.
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Contact. Any questions or comments concerning the Website should be
sent via email to at
customerservice@mortgageservices.com.
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