Email and Text Policy
To demonstrate Hermiz Lending, LLC’s (hereinafter “Hermiz Lending,” “us,” “we,” or “the Company”) commitment to prompt and convenient communications, we have adopted the following terms and conditions, regarding Email, which are incorporated by reference into all Emails sent and received by our Team Members (i.e., our employees). Our communications with you via Email are conditioned upon your agreement to the following terms.
Email In General
Email is an effective means of communicating a message. However, due to its brief and informal nature, Email may not accurately represent the entire or final disposition of a matter or the official business records of the Company. In most instances, communications on a particular matter are exchanged through multiple channels such as through Emails, faxes, voicemails, letters, IM, telephone, and in person. Indeed, communications on a particular matter may be exchanged through multiple channels, all at the same time, such as when an Email responds to a voicemail, a fax follows-up a personal meeting, a voicemail responds to an Email, etc. Accordingly, Email, by itself, may not accurately reflect the complete communication or intent of the Company as to the subject matter referred to within the communication, nor constitute an official business record of the Company. All official matters should be subsequently confirmed in signed writings. Also, the mere receipt of an Email by the Company may not put the Company on notice, timely or otherwise, of the matters contained within that Email.
Emails Are Generally Not Formal Signed Writings; E-Sign Disclaimer
Unless there is explicit and specific language and disclosures to the contrary, Emails from Hermiz Lending do not contain or constitute an electronic signature, even if the sender’s name appears in the Email. Email communications are not intended to be construed against the Company as an interest rate lock, an unconditional loan commitment, an unconditional loan approval, unconditional qualification, or any unconditional offer or agreement to lend. Such documents and agreements are generally sent to clients in formal signed writings from Hermiz Lending.
Emails sent by our Team Members are confidential (and all attachments to such Emails are confidential) and are to be reviewed and/or disclosed to only the individual or entity to whom they are addressed and intended. If you received an Email in error or if it was improperly forwarded to you, the information contained in the Email should, at all times, remain confidential and such circumstances shall not authorize you to use or disclose the confidential information. Please notify the sender immediately by telephone or Email, and delete or destroy the original and any copies. Any unauthorized use, disclosure, reproduction, or distribution is strictly prohibited. Emails marked as “Confidential” contain confidential and/or proprietary information that is disclosed under the condition that you treat and maintain such information strictly in a confidential manner and in compliance with applicable privacy laws (including but not limited to the Gramm-Leach-Bliley Act) and that you ensure such information is not disclosed or used by others, except for the limited and confidential purpose for which it is being provided. By accepting and reviewing Confidential information provided by the Company, you agree to indemnify and hold the Company harmless against any and all claims, losses, liabilities, or expenses, including attorney’s fees that the Company may incur as a result of the unauthorized use or disclosure of confidential information due to your acts or omissions.
Emails exchanged with or involving our Legal Team may contain privileged information subject to the attorney client privilege and/or the attorney work product privilege. Such privileged information shall not be waived if you receive an Email in error or if it was improperly forwarded to you. If you are not the intended recipient of privileged information, please notify the sender immediately by telephone or Email and delete or destroy the original and any copies. Any unauthorized use, disclosure, reproduction, or distribution of confidential or privileged information is strictly prohibited.
Time-Sensitive Instructions And Official Matters; Filters
Do not use Email to communicate time-sensitive instructions or official company matters; they may not be received or reviewed by the appropriate Team Member in a timely manner. All Emails are processed through various virus and spam filters which may delay or reject the delivery of an Email altogether. Urgent matters should be communicated in person directly with the person of concern via telephone and then confirmed in writing with the appropriate person via fax or Email. The Company reserves the right to block any Email source it deems inappropriate.
The Company’s Email facilities are to be used only for conducting business with our Company. Vendors, suppliers, clients and others receiving Email from our Team Members may not use our Team Member’s Email address or contact information (or any other person’s Email address appearing on or in Company Email) for any purpose other than corresponding with our Company for lawful and legitimate business purposes relating to the business of our Company. The receipt of an Email is not our Company’s consent, nor our Team Member’s consent, for you to use our Team Member’s Email address or contact information for direct marketing purposes or for transfers of data to third-parties, and such use is strictly prohibited.
Monitoring Of Communications
All Emails sent to or from our Team Members may be forwarded, monitored, and/or reviewed by others within our Company other than the designated recipient/sender with or without notice to the designated recipient/sender. We may also record or monitor other forms of communications you have with us via the website, PC-talk, chat, Email, and telephone. By using such communications methods you are consenting to the recording or monitoring of the same.
You should be aware that regular Email is typically sent via the Internet which is an open network. While certain designated areas within our applications employ technologies to secure your data and the transmissions between you and our Company, general Email uses the Internet which is an open system and we cannot provide absolute assurances that all Email transmissions (sent or received) are secure, error free, not corrupted, incomplete or virus free and/or that they won’t be lost, misdelivered, destroyed, delayed, or intercepted/decrypted by others. Therefore the Company advises against sending sensitive or personally identifiable information, over Email, and disclaims all liability with regard to Emails (and the contents therein) if they are corrupted, lost, destroyed, delayed, incomplete, misdelivered, intercepted, decrypted or otherwise misappropriated by others.
Computer viruses can be transmitted via Email through Email content, attachments to Emails and embedded links. Although our Emails are believed to be free of any virus or other defects that might affect computer systems in which they are received and opened, it is the recipient’s responsibility to ensure that any Email they open is virus free. The Company is not responsible for any loss or damage arising in any way from the receipt, use, storage or transmission of our Emails. If our Company forwards an Email or replies to a prior Email, the contents may have been produced by someone other than our Company or our Team Members for which the Company assumes no liability whatsoever. THE COMPANY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT COMPANY EMAILS ARE VIRUS FREE AND/OR ERROR FREE. The use of Email to introduce any virus, malicious or disabling code, or to otherwise interfere with the Company’s Email transmissions, telecommunication, or computer networks is prohibited and against the law; violators will be prosecuted to the fullest extent of the law.
Prohibited Email Content
All of our Team Members are prohibited from using Email to make or send any type of menacing, defamatory, discriminatory, harassing, offensive or threatening statements/materials, or statement/materials that infringe the copyrights or legal rights of others in Email. Such communications are against Company policy and outside the scope of our Team Member’s employment. The Company does not accept any liability in respect of such communication, and the Team Member responsible will be personally liable for any damages or other liability arising. Please report any such violations to our Client Relations Team at (800) 863-4332. The use of the Company’s Email facilities for purposes of sending menacing, harassing, offensive or threatening messages to our Team Members is strictly prohibited and is unlawful; violators will be prosecuted to the fullest extent of the law. Use of the Company’s Email facilities for purposes of to soliciting our Team Members to breach their employment agreements or to interfere with their employment status with our Company is strictly prohibited.
All Rights Reserved; Statements Attributable To The Company
The Company reserves all rights as to the Company’s content in its Email and this Email policy statement. No part of the Company’s Email (or this policy statement) may be reproduced, published, or distributed in any manner without the express written permission of the Company. The only official publishable public statements that can be attributed to the Company are statements issued by the Company’s Director of Public Relations or by an officer of the Company (i.e., Chairman, CEO, President, or Corporate Counsel).
The Company disclaims any and all responsibility, including responsibility based on negligence or negligent misstatement, for the accuracy, completeness, or reliability of data or information contained in or furnished through Email and the Company makes no warranties, express or implied, with respect to such data or information.
IRS Circular 230 Disclosure
The Company disclaims any U.S. federal tax advice contained in or furnished through Email (including any attachments). Any reliance upon such tax advice cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to any other party any transaction or matter that is addressed, contained in or furnished through Email (including any attachments).
In receiving and opening this Email, you agree that the Terms and Conditions stated herein shall apply to you and are incorporated by reference into the Company’s Email, and that any disputes pertaining to this Email shall be governed by and construed in accordance with the laws of the State of Michigan, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions may only be filed only in the state or federal courts located in Michigan.
This Email may constitute an advertisement or solicitation under U.S. law, if its primary purpose is to advertise or promote a commercial product or service. If you do not wish to receive advertising and promotional messages from Hermiz Lending at this Email address please specify your preference by visiting our website: www.hermizlending.com/opt-out.