Compliance Disclosures
Effective Date: December 8, 2005
Acceptance of Terms and Conditions
This portion of the Web site "mannmortgage.com/Compliance Disclosures" governs your use of our Web site, mannmortgage.com ("our site") and/or any portion thereof. Please read these Terms and Conditions carefully before using our site. By using our site, you are indicating that you agree to all of the Terms and Conditions set forth herein. Also, you are indicating that you understand the Mann Mortgage, LLC. (hereafter referred to as "MMLLC") may revise the Terms and Conditions from time to time without providing any notice to you. You should visit this page periodically to review the Terms and Conditions, because your continued use of this site after we have revised the Terms and Conditions will indicate that you accept them as revised. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS, YOU MAY NOT ACCESS THIS SITE OR USE ANY OF THE PRODUCTS, SERVICES, OR CONTENT PROVIDED ON OR THROUGH THIS SITE. In these Terms and Conditions, "you" and "your" refer to any and all individuals and/or entities accessing this site for any reason. "Our", "We", "Us" refers to MMLLC.
Use of this Site
This site is owned and maintained by MMLLC. MMLLC authorizes you to view and access a single copy of the Content (defined below) available from this site. You agree not to copy, create derivative works, duplicate, display, distribute, download, upload, modify, publish, publicly perform, sell, resell, transmit, transfer, or exploit for any public or commercial purposes any portion of the "Content," which is defined throughout these Terms and Conditions as all of the products, services, and information, including, but not limited to, all of the page headers, images, graphics, text, logos, button icons, design, layout, software (including source code), sounds, music, video files, and data (collectively, the "Content") provided on mannmortgage.com. You must retain all copyright, trade mark, service mark, and other proprietary notices contained in the original content in any authorized copy that you make of this site. This site may be used only for lawful purposes by individuals interested in obtaining information about MMLLC or related products and services. You are not authorized to use this site or Content, except as indicated above, in any manner, including, without limitation:
(1) in violation of any applicable law, order, or regulation;
(2) in a way that will infringe the copyright, trademark, trade secret, or other intellectual property rights of others or violate the privacy, publicity, or other personal rights of others, or
(3) that is defamatory, obscene, threatening, abusive, or hateful. In addition, you shall not breach the security of this site, including, without limitation:
(a) accessing data not intended for you or logging into a server account that you are not authorized to access,
(b) attempting to probe, scan, or test the vulnerability of a system or network or to breach a security or authentication measure of this site and/or Content without proper authorization, and/or
(c) using viruses, spamming, flooding, etc. to interfere with service to any user, host, or network.
Personal Information
You may view information on this site without providing any personal information to MMLLC. However, if you decide to provide personal information to this site (See Privacy Policy for a description of personal information and MMLLC policies concerning such information), it is your responsibility to maintain and promptly update, including, without limitation, your registration (e-mail, password) and any other personally identifiable information you may provide to obtain a product or service available on the site (collectively, the "personal information") in order to keep your personal information current, accurate, and complete. You acknowledge and agree that you are solely responsible for the form, content, and accuracy of any information provided by you on this site. You are responsible for maintaining the confidentiality of your ID and password, and are fully responsible for all activities on our site that occur under your ID and password (See Privacy Policy for a description of the MMLLC privacy and security policies). You agree to immediately notify MMLLC of any unauthorized use of your ID, password, or other personal information or any other breach of security. MMLLC cannot and will not be liable for any loss or damage arising from your failure to adhere to these requirements.
Electronic Communications
You agree that all agreements, notices, disclosures, and other communications provided to you electronically by MMLLC satisfy any legal requirement that such communications be in writing.
Proprietary Rights
A. Proprietary Rights. This site is protected by U.S. and international copyright laws. MMLLC has exclusive rights to or has been licensed by third parties to use all of the Content (as defined above). All Content is subject to trademark, service mark, trade dress, copyright, and/or other intellectual property rights or licenses held by MMLLC. The entire Content of our site is protected by U.S. copyright laws as a collective work, and MMLLC owns a copyright in the selection, coordination, arrangement, and enhancement of the Content.
As previously stated above, you may not copy, create derivative works, duplicate, display, distribute, download, upload, modify, publish, publicly perform, sell, resell, transmit, transfer, or exploit for any public or commercial purposes the Content without first obtaining written permission from MMLLC via e-mail at privacy@mannmortgage.com. Any of these uses of the Content, or any portion thereof, or use of the Content for any purpose other than as explicitly authorized herein constitutes an infringement of MMLLC copyrights and other proprietary rights. Use of the Content on any other Web site or other networked computer environment is prohibited without prior written permission from MMLLC.
B. Termination of Access of Repeat Infringers. As a condition to your use of this site, you agree not to use the site to infringe the intellectual property rights of others in any way. We will terminate the access of any users (including terminating their login and password) and block access to this site and any other MMLLC web sites of any users who are repeat infringers of the copyrights or other intellectual property rights of others. MMLLC reserves the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the user whose access is terminated or blocked.
No Warranties
THIS SITE AND ITS CONTENT ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. YOU ACKNOWLEDGE THAT NEITHER MMLLC NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, AND AGENTS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING ANY CONTENT ON MANNMORTGAGE.COM MAKES ANY GUARANTIES OR WARRANTIES, EXPRESSED, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SITE AND CONTENT OR ANY OTHER MATTER, INCLUDING, WITHOUT LIMITATION, WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF ANY CONTENT, WARRANTIES THAT THE CONTENT WILL BE FREE OF ERRORS, OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR INFRINGEMENT OF THIRD-PARTY RIGHTS. MMLLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU OBTAIN FROM OR PROVIDE TO THE SITE IS FREE OF VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, CANCELBOTS, AND OTHER COMPUTER PROGRAMMING ROUTINES OR ENGINES THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT, OR EXPROPRIATE ANY SYSTEM, DATA, OR INFORMATION.
Limitation of Liability
MMLLC AND ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, AND AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, OF ANY KIND WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY: (I) YOUR USE OF, INABILITY TO USE, OR RELIANCE ON, ANY PART OF THIS SITE OR CONTENT, (II) ANY ERRORS OR OMISSIONS IN ANY PART OF THE SITE OR IN THE CONTENT THEREIN, OR (III) MMLLC OR ANY OTHER PERSON'S PERFORMANCE OF ANY OBLIGATIONS UNDER OR IN CONNECTION WITH THE TERMS AND CONDITIONS. IN NO EVENT WILL MMLLC OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, AND AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PUNITIVE, CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, in which case the liability of MMLLC and its directors, officers, employees, representatives, affiliates, and agents shall be limited in accordance with these Terms and Conditions to the fullest extent permitted by law. You specifically waive any claims you may have arising out of your use of mannmortgage.com. You expressly agree that use of this site and Content on mannmortgage.com is at your own risk. Any Content downloaded or otherwise obtained through this site is done so at your own initiative and you are solely responsible for any damage to your computer system or loss of data resulting from such Content.
E-Mail, Solicitations and Do Not Call Policy
When you sign up for our site and complete your profile, you may consent to receive certain information and other materials concerning programs, products, and services from MMLLC. Solicitations generally take the form of materials e-mailed to you, but may include materials mailed to you via postal mail, telephone calls, or other forms. Solicitations will be made to the addresses (e-mail or postal mail) and phone numbers provided to us in the sign-up process. You authorize MMLLC to contact you regardless of your registration to State and/or Federal Do Not Call Repositories. MMLLC has adopted and adheres to the policies described below to comply with the Federal Trade Commission's ("FTC") and Federal Communications Commission's ("FCC") regulations, The Direct Marketing Association's ("DMA") Ethical Guidelines, and if applicable, state Do Not Call laws.
MMLLC requires all employees who consider solicitations via postal mail, electronic mail, telephone calls (landlines and wireless), facsimiles, or other forms, that the employee contact an approved vendorÊwhose business is approved according to FTC, FCC, DMA, State, et al guidelines. The approved vendor must supply the DNC Administrator at address indicated, a contract with their DNC Organization ID and Subscription Account Number for review and approvalÊprior to initiating any solicitations.
MMLLC requires approved vendors honor the relevant portions of the National DNC registry monthly.
MMLLC requires approved vendors check against State registries consistent with State mandated timetables. In addition, we require that wireless registries be checked monthly.
MMLLC will also remove from our calling lists the telephone numbers of those individuals who submit requests directly to us. Consumers may submit DNC requests by writing to the following address:
Mann Mortgage, LLC
Attn: DNC Administrator
1220B Whitefish Stage Road
Kalispell, MT 59901
Such requests are recorded in the MMLLC databases within ten (10) business days of receipt. To fully implement such requests it may take up to thirty (30) days.
MMLLC retains company-specific DNC requests for a minimum of five (5) years. If you move or change your telephone number your request may be deleted. If you wish to re-establish your Do-Not-Call request, please contact us at 888-751-6266.
MMLLC has trained the employees that are engaged in telephone marketing on these policies and procedures and MMLLC requires our employees to follow them at all times. MMLLC has a policy of disciplining any employee who fails to abide by these policies and procedures.
Special Conditions for International Use and Exports
This site is controlled and operated by MMLLC and its agents from their offices within the United States. MMLLC makes no representations or guaranties that the Content provided on mannmortgage.com is appropriate for use in all locations, or that the Content provided is available or appropriate for sale or use in all jurisdictions. Access to our site and its Content from other countries where such Content is illegal is prohibited. If you choose to access this site and it's Content, you do so on your own initiative, and are responsible for compliance with applicable local laws or regulations. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of data or information exported from the United States or the country in which you reside. You further agree not to upload to our site any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain encryption software. You are also responsible for complying with any local laws in your country, which may impact your right to import, export, or use any services provided on our site. These assurances and commitments shall survive any termination of the Terms and Conditions and your use of this site. Modifications MMLLC reserves the right to modify this site and the Terms and Conditions and any other policies governing the site at any time. Modifications may be posted on the site, and users are deemed to be apprised of and bound by any changes to the site.
Termination and Investigations
MMLLC, in its sole discretion, reserves the right to decline, suspend, terminate, alter, and/or modify your access to this site and any and all Content on this site at any time and for any reason, including those set forth above under "Use of this Site" and any indicated in our Privacy Policy. If we believe your conduct or any information you provide to the site materially fails to conform to the Terms and Conditions, we reserve the right to investigate, involve, report to, and cooperate with law enforcement, governmental, or other authorities concerning such conduct, and to pursue a civil lawsuit, criminal prosecution, or other action for any alleged or actual illegal, fraudulent, or other unauthorized activities involving this site or any of the services provided herein, with or without notice. Any report made to law enforcement, governmental, or other authorities may be made without notice to you. However, subject to our discretion or where compelled to do so, we may notify you of termination of your access to this site via e-mail or other written notice to the address you provide to us in the sign-up process. After the termination, you will not be authorized to access or use the service, and you shall cease all such access and use. Upon termination, you agree to immediately discontinue your use of the site and destroy all Content obtained from it.
General
Your agreement to the Terms and Conditions does not confer any rights, remedies, or benefits upon any person other than you and MMLLC. You may not assign any rights under these Terms and Conditions without the prior written consent of MMLLC. The Terms and Conditions shall be binding on and inure to the benefit of the parties and their respective successors and assigns. Should any provision of the Terms and Conditions be held to be void, invalid, unenforceable, or illegal by a proper legal authority, the validity and enforceability of the other provisions shall not be affected. The Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Montana, without effect to any principles of conflicts of law, and the federal law of the United States.
Privacy Policy
MMLLC works diligently to protect your privacy. The information that you provide us is kept in the strictest of confidence. MMLLC has no intentions of selling personal information about our customers to third-party businesses. This is our privacy notice for our customers and users of the website. When we use the words "you" and "your" we mean the following types of customers:
- All of our consumer customers who have a continuing relationship with us
- All users of this website MMLLC will tell you the sources for nonpublic personal information we collect on our customers. We will tell you what measures we take to secure that information.
Definitions:
- Nonpublic Personal Information: information about you we collect in connection with providing a financial product or service to you. Nonpublic personal information does not include information that is available from public sources, such as telephone directories or government records.
- An affiliate is a company we own or control, a company that owns or controls us, or a company that is owned or controlled by the same company that owns or controls us. Ownership does not mean complete ownership, but means owning enough to have control.
-A nonaffiliated third party is a company that is not an affiliate of ours. MMLLC collects nonpublic information about you from the following sources:
- Information we receive from you on applications or other forms
- Information about your transactions with us
- Information about your transactions with nonaffiliated third parties
- Information from a consumer reporting agency
We do not disclose any nonpublic information about our customers or former customers to anyone, except as permitted by law. MMLLC restricts access to nonpublic personal information about you to those employees who need to know that information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal standards to guard your nonpublic personal information. MMLLC does not disclose nonpublic personal information about former customers, except as permitted by law. Should you have any questions or concerns about this policy please email us at privacy@mannmortgage.com
Equal Housing Lender
MMLLC does business in accordance with Federal Fair Lending Laws. UNDER THE FEDERAL FAIR HOUSING ACT, IT IS ILLEGAL, ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, RELIGION, SEX, HANDICAP, OR FAMILIAL STATUS (HAVING CHILDREN UNDER THE AGE OF 18), TO:
- Deny a loan for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling, or to deny any loan secured by a dwelling; or
- Discriminate in fixing the amount, interest rate, duration, application procedures, or other terms or conditions of such a loan, or in appraising property.
IF YOU BELIEVE YOU HAVE BEEN DISCRIMINATED AGAINST, YOU SHOULD SEND A COMPLAINT TO:
Assistant Secretary for Fair Housing and Equal Opportunity
Department of Housing and Urban Development
Washington, DC 20410
For processing under the Federal Fair Housing Act
AND TO:
Office of the Comptroller of the Currency
Customer Assistance Unit
1301 McKinney Street, Suite 3450
Houston, TX 77010-9050
UNDER THE EQUAL CREDIT OPPORTUNITY ACT, IT IS ILLEGAL TO DISCRIMINATE IN ANY CREDIT TRANSACTION:
- On the basis of race, color, national origin, religion, sex, marital status, or age;
- Because income is from public assistance; or
- Because a right has been exercised under the Consumer Credit Protection Act.
IF YOU BELIEVE YOU HAVE BEEN DISCRIMINATED AGAINST, YOU SHOULD SEND A COMPLAINT TO:
Office of the Comptroller of the Currency
Customer Assistance Unit
1301 McKinney Street, Suite 3450
Houston, TX 77010-9050