Effective Date: January 1, 2017
IMPORTANT – READ CAREFULLY. THESE TERMS AND CONDITIONS DEFINE THE RELATIONSHIP BETWEEN METROPOLITAN HOME MORTGAGE, INC. (“METROPOLITAN”, “WE” OR “US”) AND THE PERSON (“YOU”) ACCESSING THIS WEBSITE OR OTHERWISE USING OUR SERVICES. YOU MAY USE OUR SERVICES ONLY IF YOU ARE 18 YEARS OF AGE OR OLDER, YOU HAVE THE CAPACITY TO FORM A BINDING CONTRACT, AND YOU ARE NOT A PERSON BARRED FROM ACCESSING THE SERVICES UNDER THE LAWS OF THE UNITED STATES OR ANY OTHER JURISDICTION. IF YOU ARE ACCEPTING THESE TERMS AND CONDITIONS ON BEHALF OF A COMPANY, ORGANIZATION, GOVERNMENT, OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO DO SO. IF YOU CANNOT CONFIRM THE FOREGOING, THEN YOU MUST NOT AGREE TO THESE TERMS AND CONDITIONS AND MAY NOT USE OUR SERVICES. YOU MAY USE OUR SERVICES ONLY IN COMPLIANCE WITH THESE TERMS AND CONDITIONS AND ALL APPLICABLE LAWS AND REGULATIONS.
Agreement RegardingTerms and Conditions
This site is intended for individuals who are at least 18 years or older in age and reside in the United States, specifically in a state where Metropolitan is licensed and does business in. For a list of these states, please click on the Licensing Information link at the bottom of website.
Revisions And Modifications
By subsequently accessing, browsing, or using the website, or any page thereof, or by using the services offered through the website or through alternative methods, including but not limited to telephone, e-mail, text, or facsimile, you agree and accept to be bound by the Changes.
This website is owned and operated by Metropolitan Home Mortgage, Inc., 4 Park Plaza, Suite 800, Irvine, California 92614; NMLS #3290.
Scope of Services; License
The license granted to you herein is limited to a personal, nontransferable, nonexclusive, non- sublicensable license to use the site and services on any computing device that you own or control. You may not distribute or make the site or our services available over a network where it or they could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the site or our services. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the site or our services, any updates thereto, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the services). Any attempt to do so is a violation of the rights of Metropolitan and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Metropolitan that replace and/or supplement the original site and/or services, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
All text, videos, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork, algorithms, functionalities, features and computer code, including but not limited to design, structure, “look and feel” and arrangement of the content available on the site or through the services (collectively, “Content”) is owned, controlled or licensed by or to Metropolitan, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
All rights, title and interest in and to the user interface and Content, including any software, on or through the site shall belong to Metropolitan or its Licensors and Suppliers, including all modifications thereof and enhancements thereto.
Unpublished rights reserved under the copyright laws of the United States.
You may not transfer or copy, without permission, any Content from the device on which you originally received Content to any other device.
Metropolitan reserves the right to take preventative or corrective actions to protect itself and its users. Your use of the site and our services is conditioned in part on your compliance with the
rules of conduct provided herein, and your failure to comply may result in termination of your access to and use of our services and liability for damages caused by your noncompliance. Metropolitan is not in any way responsible for any non-conforming use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the site or our other services.
Your wireless provider may charge for use of the site or our other services, including fees for receipt of text messages or data transmission. You should contact your wireless provider to determine what fees, if any, will be charged.
Your Representations and Warranties
Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SITE AND OTHER SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND SERVICES ARE PROVIDED "AS IS", “WITH ALL FAULTS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. METROPOLITAN AND ITS MANAGING MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES AND THIRD PARTY SUPPLIERS (COLLECTIVELY, THE “COMPANY PARTIES”) HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES WITH RESPECT TO THE SITE AND OTHER SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO: (A) THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON- INFRINGEMENT OF THIRD PARTY RIGHTS; (B) THE QUALITY, ACCURACY, TIMELINESS, OR COMPLETENESS OF THE SITE AND OTHER SERVICES; (C) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, OR (D) CONFORMITY TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY ANY COMPANY PARTY. THE COMPANY PARTIES DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE OR SERVICES, THAT SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN ANY
COMPANY PARTY OR THEIR REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE SITE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitations on Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL METROPOLITAN BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, DIRECT, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE USE OR PERFORMANCE OF THE SITE OR OUR SERVICES, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE SITE OR OUR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF OR ACCESS TO THE SITE OR OUR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF METROPOLITAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACCESS TO SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE SITE OR OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
In no event shall Metropolitan’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
If you are dissatisfied with any portion of the site or our services, or with any of these Terms of
Use, your sole and exclusive remedy is to discontinue using the site and our other services.
Mortgage Inquiry Forms
Metropolitan provides you with the option of getting started with a mortgage loan request by completing and submitting one of the forms available on the website. The Quick Inquiry (“Short Form”) will ask you a series of basic questions and will not require that you input your social security number. You will be able to save your Short Form profile and a Metropolitan loan officer will contact you. The Apply Now (“Long Form”) will allow you to provide more information about your profile including social security number, and will allow you to save it for a loan officer to contact you about options. Both options will require that you create a log in account.
Credit Report Authorization
By submitting an online mortgage inquiry form to Metropolitan, you authorize Metropolitan Home Mortgage, Inc. to obtain consumer reports about you from one or more consumer reporting agencies and to use such reports for the purpose of evaluating your creditworthiness and for other business purposes.
USA PATRIOT ACT Information
In order to protect against identity theft, the funding of terrorism and money laundering activities, and to help attempt to verify your identity, Metropolitan may obtain, verify and record information that identifies each applicant on a loan request. During the loan process, Metropolitan will require you to provide identifying documentation to sufficiently identify you.
When you create a log in account to submit your information, please ensure to protect and maintain the confidentiality of any user identification, password, or other identifying information (“credentials”) you may have in connection your use of this website. You are solely responsible for maintaining the confidentiality of your credentials. You agree to notify Metropolitan immediately if you believe that your credentials have been lost, stolen, or compromised.
You also acknowledge and agree to hold Metropolitan harmless from any and all damages or claims that may arise at any time from any access to or use of the website by any person or entity to whom you have provided your credentials.
TCPA Consent; TCPA Arbitration Agreement
By providing your telephone number(s) to Metropolitan, you expressly consent that we may contact you by telephone and/or mobile device (including via voice calls and text messages) to provide you with information about your application or loan, and for other business purposes, and that such calls and/or messages may be placed using of an automatic telephone dialing system and/or an artificial or prerecorded voice. You authorize Metropolitan to contact you by these means and for these purposes even if your telephone number(s) currently are listed on any corporate, state, or federal Do-Not-Call lists. You further represent and warrant that you are the current subscriber or customary user through a family or business calling plan of the telephone number(s) you have provided and that you have the authority to provide the consent described above to be contacted at such number(s). You may revoke your consent at any time by contacting Metropolitan at (888) 743-1853 or at Metropolitan Home Mortgage, Inc., 4 Park Plaza, Suite 800, Irvine, California 92614, Attn: TCPA Opt Out.
DISPUTE RESOLUTION BY BINDING ARBITRATION
Please read this carefully. It affects your rights.
You and Metropolitan agree that any dispute, claim or disagreement between us with respect to this TCPA Consent or with respect to any telephone calls placed pursuant hereto (a “Dispute”) shall be resolved exclusively by arbitration, except as specifically provided below.
Arbitration replaces the right to go to court, including the right to a jury trial and the right to participate in a class action or similar proceeding. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis. Class arbitrations and class actions are not permitted.
(1) References to “Metropolitan” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries under this or prior Agreements between us.
(2) Metropolitan and you agree to arbitrate all Disputes between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, including, but not limited to:
• claims arising under the Telephone Consumer Protection Act, the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, and other federal and state consumer financial protection laws);
• claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
• claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
• claims that may arise after the termination of this Agreement.
You agree that, by entering into this Agreement, you and Metropolitan each is waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement.
(2) This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act, rather than any state arbitration law, governs the interpretation and enforcement of this provision.
(3) The arbitration, including the selection of the arbitrator, will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “Rules”) by a single neutral arbitrator. Either party may initiate the arbitration process by filing the necessary forms with the AAA. To learn more about arbitration before the AAA, you can review materials available at www.adr.org. The arbitration shall be held in the location that is most convenient to your home. If the AAA is unavailable to administer the dispute, then the arbitration, including the selection of the arbitrator, will be administered by JAMS, under its Streamlined Arbitration Rules (the “Rules”) by a single neutral arbitrator agreed on by the parties within thirty (30) days of the commencement of the arbitration. If JAMS is not available either, then the parties shall select another recognized arbitration administrator which can offer a location for arbitration that is close to your home.
(4) If you initiate the arbitration, you will be required to pay any filing fees, arbitration fees, and costs, except where prohibited by law. If Metropolitan initiates the arbitration, Metropolitan will pay its filing fees, arbitration fees and costs.
We will each bear all of our own respective attorney’s fees, witness fees, and costs unless the arbitrator decides otherwise.
(5) The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide.
(6) All statutes of limitation that are applicable to any Dispute shall apply to any arbitration between you and Metropolitan.
(7) The arbitrator will issue a decision or award in writing, briefly stating the essential findings of fact and conclusions of law.
(8) The right to attorneys’ fees and expenses discussed in paragraph (4) supplements any right to attorneys’ fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorneys’ fees or costs. Although under some laws Metropolitan may have a right to an award of attorneys’ fees and expenses if it prevails in an arbitration, Metropolitan agrees that it will not seek such an award.
(9) The arbitrator shall have the authority to award any legal or equitable remedy or relief that a court could order or grant under this Agreement. The arbitrator, however, is not authorized to change or alter the terms of this Agreement or to make any award that would extend to any transaction other than yours.
(10) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND METROPOLITAN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Metropolitan agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If any part of this paragraph or of this Section is found to be unenforceable by an arbitrator or a court having jurisdiction over a Dispute, then this entire Section (except for this sentence and the following sentence) shall be automatically inapplicable to that Dispute.
EVEN IF ANY PART OF THIS SECTION IS FOUND TO BE UNENFORCEABLE AS DESCRIBED ABOVE, YOU AND METROPOLITAN EACH AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE THAT MIGHT ARISE BETWEEN OR INVOLVING YOU AND METROPOLITAN AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING IN CONNECTION WITH ANY SUCH DISPUTE.
BECAUSE YOU AND METROPOLITAN HAVE AGREED TO ARBITRATE ALL DISPUTES EXCEPT AS SPECIFICALLY PROVIDED HEREIN, YOU AND METROPOLITAN WILL NOT HAVE THE RIGHT TO LITIGATE SUCH DISPUTES IN COURT, OR TO HAVE A JURY TRIAL ON SUCH
DISPUTES, OR ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE RULES. FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS PERTAINING TO ANY DISPUTE. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING ON THE PARTIES AND MAY BE ENTERED AND ENFORCED IN ANY COURT HAVING JURISDICTION, EXCEPT TO THE EXTENT IT IS SUBJECT TO REVIEW IN ACCORDANCE WITH APPLICABLE FEDERAL LAW GOVERNING ARBITRATION AWARDS. OTHER RIGHTS THAT YOU OR METROPOLITAN WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
For information about our licenses, please click the Licensing Info link at the bottom of the Home
Privacy and Security
You may not use or otherwise export or re-export any software provided to you through our services except as authorized by United States law and the laws of the jurisdiction in which the software was obtained. In particular, but without limitation, such software may not be exported or re-exported: (a) into any U.S. embargoed countries; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the site or our other services, you represent and warrant that you are not located in any such country or on any such list.
Any such software and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. § 2.101, consisting of "Commercial Computer Software" and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202, as applicable. Consistent with 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users: (a) only as Commercial Items; and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Metropolitan Home Mortgage, Inc.
4 Park Plaza, Suite 800
Irvine, CA 92614
Notices to you may be sent to the mailing address or email address you provide to Metropolitan. These addresses may be updated from time to time upon written notice to the other party.
Metropolitan, and its licensors, reserve the right to change, suspend, remove, or disable access to the site and/or any other services at any time, without notice. In no event will Metropolitan be liable for the removal of or disabling of access to the site or any services. Metropolitan also may impose limits on the use of or access to certain services, in any case, and without notice or liability.
Upon termination of this agreement, you shall cease all use of the site and our services, and destroy all copies, full or partial, of any software provided to you in connection therewith.
In addition, Third Party Materials and Third Party Sites that may be accessed from, displayed on or linked to from the site or our services are not available in all languages or in all countries. Metropolitan makes no representation that such materials or sites are appropriate or available for use in any particular location. To the extent you choose to access such materials or sites, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to, applicable local laws.
in the state or federal courts located in Orange County, California. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigation.