Terms Of Use
YOUR USE OF THIS APPLICATION AND YOUR TRANSACTIONS CONDUCTED WITH THE COMPANY IN CONNECTION WITH THIS APPLICATION ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS, ALSO REFERRED TO AS “TERMS OF USE.” FILLING OUT AN APPLICATION, CLICKING ONTO PAGES BEYOND THE APPLICATION ‘S HOMEPAGE, OR USING ANY PART OF THIS WEBSITE FOR ANY REASON CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT WITH THE TERMS OF USE WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH THE COMPANY AND WHETHER OR NOT YOU COMPLETE YOUR TRANSACTION ON THE APPLICATION OR THROUGH OTHER CHANNELS, SUCH AS BY PHONE, BY EMAIL, FACSIMILE OR OTHERWISE. IF YOU DO NOT AGREE TO ALL THE TERMS OF USE AND CONDITIONS SET FORTH HEREIN, YOU MAY NOT USE THIS APPLICATION, THIS WEBSITE OR ANY OF ITS FEATURES OR SERVICES. BY USING THIS WEBSITE OR ITS FEATURES OR SERVICES, YOU ARE DEEMED TO HAVE ACCEPTED THESE TERMS & CONDITIONS OF USE IN THEIR ENTIRETY.
YOU MUST BE A U.S. RESIDENT AND BE AT LEAST 18 YEARS OLD TO USE THIS WEBSITE OR ANY OF ITS FEATURES OR SERVICES.
Terms Of Use
Application Ownership
This application is owned and operated by Hermiz Lending, LLC, 5960 Livernois Road, Troy, MI 48098, which is referred to below as “Hermiz Lending” or “we” or “us” or “Company” or “our.”
Permitted Use
You agree that:
You agree that you will not use or attempt to use this application for any purpose other than conducting mortgage banking related business with Hermiz Lending as a bona fide client of Hermiz Lending; you may not use or attempt to use this application or any part of this application for any purpose:
Access To This Application
Hermiz Lending reserves the right at all times, in its sole discretion and without notice to you, to deny your access to and use of this application.
Use Of This Application
You agree and acknowledge that you have the sole responsibility and liability for your use of this application and for providing or obtaining, and for maintaining, all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary or desirable for you to access and use this application.
Intellectual Property Rights
The marks, logos, emblems, slogans and designs contained within this application and website are trademarks and/or service marks of Hermiz Lending, LLC..
Application Content: You acknowledge and agree that:
Furthermore, you acknowledge and agree that you do not acquire any ownership rights by downloading or viewing any Application Content. You further acknowledge and agree that you will not in any way copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, transmit, modify, adapt, reverse engineer, frame in any page, or alter the appearance of any Application Content.
You may not use Application Content, domain names (in whole or in part), or Email addresses related to or derived from this application, nor any data, trademarks, functionality, service marks, trade names, brand names and/or logos contained within or derived from this application, for any purpose; meaning that you may not, among other prohibited uses, use any Application Content, domain names, Email addresses, data, trademarks, service marks, trade names, brand names and/or logos on or derived from this website:
Submissions: You acknowledge and agree that all submissions to Hermiz Lending containing any comments, improvements, suggestions, and ideas regarding this application will become and remain our exclusive property, including any future rights associated with such submissions, even if the provisions of these Terms of Use are later modified or terminated. This means that you forever disclaim any proprietary rights in such submissions, and you acknowledge Hermiz Law’s unrestricted right to use, publish, and commercially exploit, identical, similar, or derivative ideas originating from your submission, in any medium, now and in the future, without notice, compensation or other obligation to you or any other person.
Testimonials: You acknowledge and agree that all testimonials submitted to Hermiz Law will become and remain our exclusive property, even if the provisions of these Terms of Use are later modified or terminated. This means that you irrevocably grant to Hermiz Lending the unrestricted right (now and in the future, without notice, compensation or other obligation to you or any other person) to use your statement, image, likeness, as they may be used, in any medium, in connection with an advertisement or for any other publicity purpose. You further agree that Hermiz Lending may use any percentage of your testimonial, image, likeness and/or works, in any way that it sees fit, and may exclude your name or use a fictions name herewith.
Linking
Not Responsible For Links to Other websites: For your convenience, this website may provide links to other websites on the World Wide Web. Unless expressly stated otherwise on this website, Hermiz Lending does not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, services, calculations, information, products or materials available at or through any websites to which this website may provide a link. By using this website you acknowledge and agree that Hermiz Lending will not be responsible or liable to you or any other person for any damages or claims that might result from your use of such content, services, calculation, information, products or materials.
No Advertising / No Links. Hermiz Lending does not permit third-party advertising on this website. Except with the written permission of Hermiz Lending, you agree that you will not create links from any website or Web page to this website or any Web page within this website
Third Party Sites
Hermiz Lending may include links to other sites on the Internet or World Wide Web that are owned and operated by online merchants, vendors, suppliers, manufacturers, material men, contractors, subcontractors, service providers and/or other third parties (collectively referred to as “Vendors”). Any such links to Vendors or third party sites are provided for your convenience only, and such links do not imply endorsement by Hermiz Lending of such other third party sites or Vendor sites or the content contained therein. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party or Vendor site. You should contact the site administrator or webmaster for those third-party or Vendor sites if you have any concerns regarding such links or the content located on such sites. Your use of third-party or Vendor sites is subject to the terms & conditions of use and privacy policies of each site, and we are not responsible therein. We encourage all Users or Members to review said terms & conditions and privacy policies of all third-party and Vendor sites.
Hermiz Lending disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity concerning third party provided services and sites, and you agree that any recourse for dissatisfaction or problems with those services or sites will be sought from the third-party provider and not from Hermiz Lending as you agree to waive any claim you may have against us with respect to such other sites.
Revisions And Modifications
You agree and acknowledge that we may revise or change these Terms of Use at any time, without notice to you, and you agree that you will be bound by the provisions of these Terms of Use as they appear on this application at the time you access this application. Because these Terms of Use may change, we encourage you to refer back often to these Terms of Use. In addition, you agree and acknowledge that all other content, services, products and materials on or available through this application are subject to updating and revision without notice to you. You further acknowledge and agree that individual modifications to the Terms of Use may not be altered by contract, unless expressly permitted in writing by the CEO of Hermiz Lending.
Location
You understand and acknowledge that Hermiz Lending controls and operates this application from within the United States of America. This application provides information regarding services and products that are made available in the United States only. We make no representation that the services or products about which information may be provided on this application will be available (a) anywhere outside of the United States or (b) in every state within the United States. You acknowledge and agree that you are responsible for compliance with all federal, state and local laws applicable to your access to and use of this application.
User IDs And Passwords
Certain areas or features of this application may be restricted to users who have obtained a user identification and password by completing a registration process described on this application. Please be sure to protect and maintain the confidentiality of any user identification, password or other identifying information you may obtain in connection with your use of this application. You agree to notify Hermiz Lending immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this application by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this application that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.
Privacy and Security
For information on how Hermiz Lending uses and protects the personal information that you may provide through this application, please visit: https://hermizlending.com/privacy-policy.
Indemnification
If you make any unauthorized use of this application or violate the Terms of Use: (a) you may be in violation of copyright and other laws of the United States, as well as applicable state laws, and may be subject to penalties, and (b) you may be responsible for damages caused to the Company. You agree to indemnify Hermiz Lending and its affiliates, vendors and licensors, and all of the employees, officers, directors, agents and representatives of Hermiz Lending and its affiliates, vendors and licensors, against, and to hold all of them harmless from, all costs, claims, damages, expenses or other losses, including attorney’s fees and court costs, that arise from or are related to your use of this application and/or your breach/violation of or failure to comply with the Terms of Use.
Disclaimers
THE APPLICATION CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, HERMIZ LENDING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. HERMIZ LENDING MAKES NO REPRESENTATION OR WARRANTY REGARDING THE APPLICATION CONTENT OR ITS USE THEREOF. THE APPLICATION CONTENT ON OR AVAILABLE THROUGH THIS APPLICATION COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND COULD BECOME INACCURATE BECAUSE OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES OF PREPARATION OR PUBLICATION. HERMIZ LENDING HAS NO OBLIGATION TO MAINTAIN THE CURRENCY OR ACCURACY OF ANY APPLICATION CONTENT ON OR AVAILABLE THROUGH THIS APPLICATION.
YOU ACKNOWLEDGE AND AGREE THAT HERMIZ LENDING IS NOT, AND SHALL NOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS APPLICATION OR ITS OPERATION. AS TO THE OPERATION OF THIS APPLICATION, HERMIZ LENDING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HERMIZ LENDING MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE OPERATION OF THIS APPLICATION WILL MEET YOUR OR ANY OTHER USER’S REQUIREMENTS; (B) ACCESS TO THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) ANY DEFECTS IN THIS APPLICATION WILL BE CORRECTED. YOU AGREE THAT YOU, AND NOT HERMIZ LENDING, WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS APPLICATION.
Limitation Of Liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL HERMIZ LENDING BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES OR INJURY CAUSED BY ERROR, INACCURACY, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, TELECOMMUNICATIONS FAILURE OR COMPUTER VIRUS OR OTHER PROBLEM, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS APPLICATION OR THE APPLICATION CONTENT ON OR AVAILABLE THROUGH THIS APPLICATION, WHETHER IN AN ACTION ALLEGING BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY APPLICATION CONTENT ON OR AVAILABLE THROUGH THIS APPLICATION. YOU AGREE THAT HERMIZ LENDING SHALL NOT BE LIABLE EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL HERMIZ LENDING’S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN ACCESSING OR USING THIS APPLICATION OF APPLICATION CONTENT THEREON.
Communications With Company
Please review our Email policy at https://hermizlending.com/email-policy.
Time Sensitive Instructions: When communicating with us through this website, pc-talk chat or via Email, do not use the application, website, pc-talk, chat or Email to communicate any time-sensitive instructions that are in any way related to or affect your loan, loan application or closing (such as interest rates locks, cancellation of a closing, rescissions, or the like). Such instructions may not be honored. All transactions conducted on this application, website, pc-talk, chat or via Email must be confirmed in writing by us to be accepted by and binding upon us.
Loan Approvals: All loan approvals, qualifications, rate locks, deposit and refund agreements, and the like, are only made by Hermiz Lending in writing. Approvals and qualifications are conditional in accordance with these terms except as be specifically provided for in writing signed by Hermiz Lending.
Credit Reports: By applying for credit, you are authorizing Hermiz Lending to obtain a copy of your credit report. As a result, a “hard” inquiry may appear on your credit report. A hard inquiry may negatively affect your credit score.
E-Signature: General communications through this application, website, pc-talk, chat or via Email are not intended by us to constitute either an electronic record or an electronic signature, or to constitute any agreement by the sender to conduct a transaction by electronic means, unless a specific statement to the contrary is included in the message and specific e-signature procedures are employed. However, your assent to a “click to accept” button or box is binding upon you.
Recording & Monitoring of Communications: Your communications with us via the application, website, pc-talk, chat Email, and telephone may be recorded or monitored and by using such communications methods you are consenting to the recording or monitoring of the same.
Contact Methods And Opt-Out
Agreement to calls and information sharing: If you submit to Hermiz Lending through this application or otherwise you are making an inquiry as to lending programs and services offered by Hermiz Lending. You understand and agree that if you submit an inquiry, we may share the information that you provide, including, but not limited to, your full name, birth date, address, telephone number, and social security number with our affiliates so that they may respond to your inquiry. You authorize Hermiz Lending to share your information, either as provided by you or as corrected by us. You acknowledge that Hermiz Lending is not a party to any agreement that you may make with an affiliate, and that the affiliate is solely responsible for its services to you. You understand that requirements for a particular product or service, including a mortgage, are determined by the affiliates and that Hermiz Lending does not endorse, warrant, or guarantee the products or services of any of its affiliates. Nothing in these Terms of Use or on this application constitutes an offer for a loan commitment or interest rate lock agreement. You agree that Hermiz Lending shall not be liable for any damages or costs which arise from your use of the affiliates’ goods or services.
By submitting your contact request for a loan product, you are consenting to be contacted by one or more Affiliates by telephone (on a recorded line), automated calling, pre-recorded calling, text message, email, fax, telephone or any means, even if you have opted in to the National Do Not Call List, any state equivalent Do Not Call List or the internal Do Not Call List of any company. You understand that the Affiliates and Partners may maintain the information you submitted to us even if you decide not to use their services. In the event you no longer want to receive communications from an Affiliate or Partner, you agree to notify the Affiliate or Partner directly. You can opt-out of various contact methods by notifying us in writing by certified mail to 5960 Livernois Road, Troy, MI 48098.
Application Of Additional Terms
You acknowledge that certain features of this application, as well other products and services of Hermiz Lending, including those that may be available through this application, may be subject to terms, conditions and disclaimers in addition to these Terms of Use, and you agree that your use of such products and services will be subject to such additional terms, conditions and disclaimers.
Hermiz Lending may partner with companies to allow you to import your account information instead of uploading documents. You understand and agree that if you participate, we may share the information that you provide, including, but not limited to, your full name, birth date, address, telephone number, and social security number with our partners so that they may provide us with your accounts and financial information needed for your mortgage application.
Agreement To Provide Accurate Information
In making a loan inquiry, application or in entering into any other transaction or request for information on this website, you agree to provide accurate, true, current, and complete information upon which Hermiz Lending may rely.
Your Cooperation Needed
Hermiz Lending generally begins processing your application (which may include ordering an appraisal, credit report, title commitment and other necessary items) upon the submission of a full and complete application. If you submit an application, you agree to cooperate in the application process (including submitting all required documentation in a timely manner) and if needed, to obtain information Hermiz Lending may need from third parties such as your bank, employer, current mortgage company, etc. In addition, you agree to notify Hermiz Lending of any changes in any information submitted in connection with your application.
Reasonable Efforts
While Hermiz Lending will use all of its reasonable efforts to have your application fully processed and closed on or before any applicable rate lock expiration date (if any) and/or anticipated closing date, some process are not under our control. For instance, Hermiz Lending cannot be responsible for delays in loan approval or closing due to: the untimely receipt of an acceptable appraisal; the untimely receipt of required documentation; your existing home not selling; matters disclosed by a title commitment or survey; any other matters beyond Hermiz Law’s reasonable control.
Deposit/Refund Policy
When you submit a loan application, Hermiz Lending will begin to process your application and, as a result, will advance on your behalf costs for certain third party expenses. If you do not fully cooperate in or complete the application process (including submitting all required documentation in a timely manner), choose to withdraw your application, or choose not to close the transaction for any reason, you may be required to pay for some or all of Hermiz Law’s third party costs. Please review your deposit agreement for details specific to your loan application.
Governing Law
You agree that these Terms of Use 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 understand and agree to resolve through final and binding arbitration the following claims, disputes, or controversies arising between you and Hermiz Lending, LLC, and its parents, affiliates, subsidiaries, or related companies: all claims, disputes, or controversies arising from the Telephone Consumer Protection Act of 1991 (“TCPA”), or state law claims similar to the TCPA. You will arbitrate TCPA claims between you and Hermiz Lending at a location the arbitrator will determine in compliance with Hermiz Lending’s Governing Law provision. The arbitrator, not the court, will resolve the issue of arbitrability. Any state or federal court having jurisdiction thereof may enter judgment of any award the arbitrator renders. This arbitration contract is made under a transaction in interstate commerce, and the Federal Arbitration Act (“FAA”) will govern its interpretation, application, enforcement, and proceedings. As the Governing Law provision indicates, the laws of the State of Michigan govern the enforceability of this arbitration provision as a contract, but not the scope of this provision. Neither you nor Hermiz Lending are entitled to join or consolidate claims in arbitration by or against other consumers or to arbitrate any claim as a representative or member of a class or in a private attorney general capacity. The parties voluntarily and knowingly waive any right they have to a jury trial for TCPA-related matters which, based on the above, will be arbitrated. You agree that any other action(s) at law or in equity arising out of or relating to these Terms of Use or the use of this website shall be filed only in the state or federal courts located in Wayne County, Michigan, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating.
Waiver of Jury Trial
HERMIZ LENDING ALONG WITH YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
Severability
You agree that if any provision of these Terms of Use shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of such other provisions.
Disclosures And Licenses
Hermiz Lending is an Equal Housing Lender. As prohibited by federal law, we do not engage in business practices that discriminate on the basis of race, color, religion, national origin, sex, marital status, age (provided you have the capacity to enter into a binding contract), because all or part of your income may be derived from any public assistance program, or because you have, in good faith, exercised any right under the Consumer Credit Protection Act. The federal agency that administers our compliance with these federal laws is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC, 20580.
Your California Privacy Rights
California Civil Code § 1798.83 permits our visitors who are California residents to request certain information regarding their disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please write us:
Hermiz Lending, LLC.
Attn: Legal Team
5960 Livernois Road
Troy, MI 48098
Equal Opportunity Employer
The Company is an equal opportunity employer. Any complaints or concerns about the Company’s employment practices may be directed to the legal department at Hermiz Lending.
Miscellaneous Terms
These Terms & Conditions of Use constitute the entire agreement and understanding between you and us, superseding any prior agreements and understandings, and govern your use of the Website. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to enforce or exercise any right or provision of these Terms & Conditions of Use shall not constitute a waiver of such right or provision. If any provision of these Terms & Conditions of Use shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and in full force and effect. You agree that these Terms & Conditions of Use and any other agreements referenced herein, may be assigned by Hermiz Lending, in our sole discretion, to a third party in the event of a merger or acquisition. The section titles and headings in these Terms & Conditions of Use are for convenience only and have no legal or contractual effect.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms & Conditions of Use.
Any rights not expressly granted herein are reserved by and for us.
In making a loan inquiry, application or in entering into any other transaction or request for information on this website, you agree to provide accurate, true, current, and complete information upon which Hermiz Lending may rely. All loan approvals, pre-qualifications, pre-approvals, rate locks, deposit and refund agreements, and the like, are only made by Hermiz Lending in writing. Approvals, pre-qualifications and pre-approvals are conditional in accordance with their terms except as maybe specifically provided for in writing signed by Hermiz Lending.
Your communications with Hermiz Lending via the website, pc-talk, chat, email, and telephone may be recorded or monitored and by using such communications methods you are consenting to the recording or monitoring of the same.
From time to time, Hermiz Lending may offer you the option to participate in contests, sweepstakes, or surveys. If you would like to participate, we may ask you for contact information, preferences or other information. This information may be used to conduct research, improve our offerings, or contact you regarding home financing or award prizes. Our contests or sweepstakes may have separate rules and we will identify how the information that you supply will be used in each case.
Credit reporting agencies may share your information with other companies when you apply for a home loan. This may cause you to receive Email or phone calls that you didn’t ask for, offering credit cards, refinancing or other loan products.
You can stop these calls and Emails by opting out of these prescreened credit offers. Simply call (888) 567-8688 or visit www.optoutprescreen.com.
By submitting information to Hermiz Lending through this website or otherwise you are making an inquiry as to lending programs and services offered by Hermiz Lending and give Hermiz Lending permission to contact you through Email, fax, or telephone, or any means, even if your phone number is on a “Do Not Call” list.
Certain sections or pages on this Website may contain separate terms and conditions, which are in addition to these Terms & Conditions of Use. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.