Preferred Mortgage Services, Inc.

Acceptable Use Policy

Last Updated: July 7th, 2023

By accessing and using this website and our systems and services through this website (collectively, this "Website"), you accept the following terms and conditions, and the terms of our Privacy Policy available here which are part of this Acceptable Use Policy, without limitation or qualification. You agree that any modifications to this Acceptable Use Policy shall be binding upon you as of the date of such modifications, without notice.

Intellectual Property

Preferred Mortgage Services, Inc. ("PMSI", "our", "we") and its licensors (if any) exclusively own this Website and all intellectual property rights, title and interest therein and in any other ideas, concepts, know-how, documentation, technology, techniques, computer programming/formatting code, documents, designs, text, and other works of authorship, together with all copyrights, patents, trade names, trademarks, service marks, trade secrets and any other intellectual property and proprietary rights associated this Website and our system and services accessible through this Website (collectively, the "PMSI IP"). The foregoing list is illustrative, not exhaustive or exclusive. Our customers and/or their subservicing clients and their respective licensors (if any) own the data and all intellectual property rights, title and interest therein as may be provided by them and accessible to their authorized users through this Website (the "Customer Data").

Nothing contained in this Website shall be construed as conferring by implication, estoppel, or otherwise, any license or right to any PMSI IP or Customer Data. You agree that (i) no right or title to the PMSI IP or Customer Data shall pass to you as a result of your access to or use of this Website; and (ii) without the prior written consent of PMSI, no portion of the PMSI IP, and without the prior consent of the applicable customer, no portion of the Customer Data, may be used, disclosed, transmitted, transferred, sold, assigned, licensed or otherwise disposed of, or made available for access by third parties, or be commercially exploited by you.

You will not remove, alter, deface, obscure or otherwise modify the trademarks, logos or other proprietary marks of PMSI or its third-party vendors displayed in this Website.

This Website and the content provided in this Website, including, but not limited to, graphic images, audio, video, html code, buttons, and texts, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written consent of PMSI, except that you may download, display, and print one copy of the materials on any single computer solely for your personal, non-commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trademark, and other proprietary notices.

Prohibited Uses

You are prohibited from doing any act that has the effect of undermining or interfering with or altering the integrity of our Website or the methods by which we provide services to our customers.

You are prohibited from accessing our Website and downloading data (including Customer Data) through our Website from outside the United States, whether directly, indirectly via a United States virtual private network, or otherwise.

You are prohibited from accessing or downloading data, including Customer Data, through our Website that is not intended for your use.

You are prohibited from modifying, disassembling, decompiling, reverse engineering, or making derivative works based upon the system and services accessible through the Website and from creating Internet "links" thereto.

You are prohibited from using our Website in violation of any applicable law, statue, ordinance or regulation or in a manner that may infringe the intellectual property rights of others.

You will not post or transmit through our Website any material that: (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law; (iv) creates or attempts to create any liability of any Company; (v) contains advertising or any solicitation with respect to products or services, unless we have approved such material in writing, in advance of its transmission; (vi) introduces any program, executable file or routine (such as a worm, Trojan horse, cancelbot, time bomb or virus) into our system for any purpose, irrespective of whether any such program or routine results in detrimental harm to our system or our data; or (vii) threatens the continuous services of our ISPs, suppliers or vendors. Any conduct by you that we determine in our sole discretion restricts or inhibits any other person from using or enjoying our Website is expressly prohibited.

Confidentiality

All non-public information, including Customer Data, that you may access or use in connection with your use of this Website, is confidential information of PMSI, its customers or third-party vendors ("Confidential Information"). You agree that you will hold all Confidential Information in strict confidence and will treat all such information as a trade secret or protected intellectual property of PMSI, its customers and third-party vendors and that you will use such Confidential Information only as necessary to perform your obligations as an authorized user of PMSI or our customers, as the case may be.

Links to Other Websites

We may, from time to time, display icons, graphic or textual links to other websites, or display selected pages of other websites not affiliated with us through framing or other means. Any content, product or service provided by other websites is subject to the control of such third parties and not us. Our inclusion of such a link does not constitute our endorsement of such website or imply an affiliation with us. Your access to and use of any other website is subject to the applicable user agreements of that website. You agree that we are not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on such content, goods or services available on or through such website. We reserve the exclusive right and sole discretion to add, decline or remove, without notice, any icon or link to another website.

Your Account

The personal information you provide to us in order to establish your account is subject to our Privacy Policy, which you acknowledge and agree that you have read. If you use our Website, you are entirely responsible for maintaining the confidentiality of your account, your password, your security questions and answers thereto and for restricting access to your account. Further, you are entirely responsible for any and all activities that occur under your account and/or password. We shall not be responsible for any unauthorized use of your account and/or password. You may not use anyone else’s account at any time without the permission of the account holder.

We reserve the right to refuse service, terminate accounts and remove or edit content in our sole discretion.

Electronic Communications

When you become a registered user with us to facilitate future use of our services, you are communicating with us electronically and by doing so, you consent to receive electronic communications from us regarding our services and your account. Additionally, by consenting to accept electronic communications from us, you also agree that all agreements, disclosures and notices, may be provided to you electronically and that an electronic communication from us satisfies any legal requirement that a communication be in writing.

Breach

Without limiting any other remedies that we may have available at law or in equity, upon our confirmation that you have breached any provision of this Acceptable Use Policy or the agreements referenced in this Acceptable Use Policy, we may, without notice, restrict or deny your access to and use of our Website.

Termination

You agree that we may, under certain circumstances and without prior notice, immediately terminate your account with us. Cause for such termination shall include, but not be limited to, (a) breaches or violations of this Acceptable Use Policy, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification of our Website, (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment by any PMSI customer for whom you are an authorized user of this Website, of fees owed by such customer in connection with the system and services provided by us. Termination of your account with us includes (a) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (b) barring of further use of our system and services. Further, you agree that all terminations for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your account or access to the services provided by us.

No Warranties

THIS WEBSITE AND THE CONTENT CONTAINED HEREIN ARE PROVIDED BY US ON AN "AS IS" BASIS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATIONS OF OUR WEBSITE, OR THE CONTENT, PRODUCTS AND/OR SERVICES INCLUDED THEREIN. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR INFRINGEMENT.

Limitation of Liability

WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, THAT MAY BE SUFFERED BY YOU OR ANY OTHER USER OF OUR WEBSITE, SYSTEM OR SERVICES IN CONNECTION WITH OR AS A RESULT OF THE USE, INABILITY TO USE OR SLOW RESPONSE TIME OF OUR WEBSITES, OR THE LINKED WEBSITES, OR THE CONTENT, PRODUCTS. SYSTEM AND/OR SERVICES INCLUDED THEREIN, REGARDLESS OF HOW SUCH DAMAGES MAY ARISE, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND YOU ASSUME THE RISK OF INJURY FROM ANY OF THE FOREGOING.

ANY LIABILITY THAT WE OR OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS OR EMPLOYEES HAVE TO YOU UNDER ANY CIRCUMSTANCES WILL BE LIMITED TO ONE HUNDRED DOLLARS ($100).

Indemnification

You agree to save, defend, indemnify and hold each of us and our respective directors, officers, shareholders, members, employees, agents and assigns harmless from and against all liabilities, losses, damages, claims, costs and expenses, including attorneys’ fees, arising out of your use of our Website (including our system and services accessible through this Website), including, but not limited to, (i) any use of our Website that is not authorized by this Acceptable Use Policy, including, without limitation, your access to and/or use of to this Website from outside the United States; (ii) your breach of this Acceptable Use Policy; (iii) your infringement or misappropriation of any PMSI IP or Customer Data; and (iv) damage to our Website arising out of or related to your acts or omissions.

General

This Agreement is to be construed in accordance with the laws of the State of New York, without regard to its conflict of laws. If you attempt to bring any legal proceedings against PMSI, you specifically agree that PMSI is free to choose the jurisdiction of our preference as to where such action against us may be held. As you have agreed by using this Website to choose the laws of the State of New York to govern any such proceedings, we may choose to defend any such action in such State and we can make this decision entirely as it suits us, without regard to where in the world you are located, or from where in the world you visited this Website.

You are responsible for complying with the laws of the jurisdiction from which you are accessing this Website. Unless expressly stated otherwise in this Website, any information submitted by you through this Website shall be deemed non-confidential and non-proprietary. You represent that you have the lawful right to submit such information and agree that you will not submit any information unless you are legally entitled to do so.

If any provision of this Acceptable Use Policy is invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced. The section headings in this Acceptable Use Policy are for reference purposes only and in no way limit or describe the scope of a particular section. Our failure to enforce any breach of this Acceptably Use Policy by you or others does not mean that we have waived our right to enforce the terms of this Acceptable Use Policy in the future for a similar breach.