TERMS OF USE

Terms of Use

YOUR USE OF THIS WEBSITE AND YOUR TRANSACTIONS CONDUCTED WITH THE COMPANY IN CONNECTION WITH THIS WEBSITE ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS, ALSO REFERRED TO AS “TERMS OF USE”. CLICKING ONTO WEB PAGES BEYOND THE WEBSITE’S HOMEPAGE 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 WEBSITE OR THROUGH OTHER CHANNELS, SUCH AS BY PHONE, BY E-MAIL, FACSIMILE OR OTHERWISE. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU MAY NOT USE THIS WEBSITE. WEBSITE OWNERSHIP This website is owned and operated by RoundPoint Mortgage Company, 5032 Parkway Plaza Boulevard, Suite 100, Charlotte, NC, 28217, which is referred to below as “RoundPoint” or “we” or “us” or “Company” or “our.” ACCEPTANCE OF TERMS YOU AGREE THAT:
  1. your use of this website is subject to and governed by these Terms of Use,
  2. you will only access or use this website and transact business with us if you are at least 18 years old,
  3. you will comply with and be bound by these Terms of Use as they appear on this website each time you access and use this website,
  4. each use of this website by you indicates and confirms your assent to and agreement to be bound by these Terms of Use, and
  5. these Terms of Use are a legally binding agreement between you and RoundPoint that will be enforceable against you.
You agree that you will not use or attempt to use this website for any purpose other than conducting mortgage banking related business with RoundPoint as a bona fide client of RoundPoint; you may not use or attempt to use this website or any part of this site for any purpose
  1. that interferes with or induces a breach of the contractual relationships between RoundPoint and its employees,
  2. that is any way unlawful or prohibited, or that is harmful or destructive to anyone or their property,
  3. that transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited e-mail, unsolicited commercial communications,
  4. that transmits any harmful or disabling computer codes or viruses,
  5. that harvests e-mail addresses from this site,
  6. that transmits unsolicited e-mail to this site or to anyone whose e-mail address is included the domain name on this website,
  7. that interferes with our network services,
  8. that suggests an express or implied affiliation with RoundPoint or broker relationship with RoundPoint (without the express written permission of RoundPoint),
  9. that impairs or limits our ability to operate this website or any other person’s ability to access and use this website, and/or
  10. that uses any methods, means or devices to click on to this website or cause a visit to this website for the purpose of manipulating the results of any Internet search engine, or for any other purpose other than conducting mortgage banking related business with RoundPoint as a bona fide client of RoundPoint.
RoundPoint is licensed as set forth in the Licenses section, which is incorporated into this Agreement by reference. ACCESS TO THIS WEBSITE RoundPoint reserves the right at all times, in its sole discretion and without notice to you, to deny your access to and use of this website. USE OF THIS WEBSITE You agree and acknowledge that you have the sole responsibility and liability for your use of this website 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 website. WEB PAGE CONTENT You acknowledge and agree that:
  • all content, Web pages, source code, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, “look and feel”, and the operation of this website (collectively “Web Page Content”) are protected by various intellectual property laws, including, but not limited to, copyrights, patents, trade secrets, trademarks, and service marks; and
  • all rights associated with the Web Page Content are owned by RoundPoint, its licensors, or content providers.
Furthermore, you acknowledge and agree that you do not acquire any ownership rights by downloading or viewing any Web Page 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 Web page, or alter the appearance of any Web Page Content. You may not use Web Page Content, domain names (in whole or in part), or e-mail addresses related to or derived from this website, nor any data, trademarks, functionality, service marks, trade names, brand names and/or logos contained within or derived from this website, for any purpose; meaning that you may not, among other prohibited uses, use any Web Page Content, domain names, e-mail addresses, data, trademarks, service marks, trade names, brand names and/or logos on or derived from this website:
  • in or as any meta-tag or hidden text;
  • in or as part of any contextual marketing directory, index, or triggering term;
  • as content or advertising related to any other website including, but not limited to, comparative/informational websites; and/or
  • as a variable or data element in any algorithm that causes another Internet browser to appear on, over, or at the same time as the Company’s website or controls the content of any other Internet browser window.
MORTGAGE LOAN SERVICES RoundPoint offers loan origination services to borrowers and is generally compensated for such services by the borrower. You should rely on your own judgment in deciding which available loan product and terms best suits your needs and financial means. You understand that RoundPoint may keep your loan request information and any other information provided by you in the processing of your loan request, whether or not you are qualified for a loan or if you make a loan with RoundPoint. You agree to notify RoundPoint directly if you no longer want to receive communications. By clicking on any button indicating an acceptance or agreement to terms, a continuance of processing or submission (“submission”) you understand that you are agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry for a loan product through RoundPoint. By this submission, you are extending an express invitation to RoundPoint to contact you by telephone at the number(s) you have provided so we may assist you with your transaction, and you hereby consent to any such calls even if your phone number is on any Do Not Call (or similar) list, or by email at the email address you provided or at another address that may be associated with you and you hereby consent to any such email so it will not be considered spam or unauthorized by any local, state or federal law or regulation. By saving your information with RoundPoint or by completing a submission, you give RoundPoint permission to retain all such provided information and to make live or recorded calls to discuss, provide or remind you of any information in regards to your submission, including incomplete applications, deadlines, quality of services or other matters in connection with your submission. For any service, you represent that all of the information you have provided in your submission and application is true and complete. You also authorize RoundPoint, along with any additional secondary market investors necessary to complete your loan transaction, to request from one or multiple credit bureaus / reporting agencies, your credit bureau report including any ancillary credit scores or ratings and to check your credit and employment history. All loans are originated and closed by RoundPoint, then sold to the wholesale mortgage bank or investor. As in the case of most lenders, RoundPoint may require a fee to lock-in your rate or to start the appraisal or application process and to complete the processing and underwriting of your loan application. MORTGAGE STATUS PORTAL On occasion, the Websites may offer the ability to find real-time status of your loan’s progress. The accuracy of such progress or status in not guaranteed to be accurate, though RoundPoint intends that all status information is accurate and up-to-date. Reasons for inaccuracy may be due to user error and/or failure to provide accurate information or documentation when requested. If there is reason to believe that the information contained in any loan status data found on the Websites is inaccurate, please contact your account manager or loan officer. Nothing contained in the Mortgage Status Portal shall be construed as replacing, supplementing or acting as any type of mortgage loan-related disclosure that may be required by state, federal or local law(s). ELECTRONIC COMMUNICATIONS RoundPoint, its secondary market investors and providers may choose to electronically deliver all information related to its services and your requests. RoundPoint, its secondary market investors and providers electronic communications to you may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional explanation, any notices required under applicable law, which may include any Federal Truth-in-Lending disclosures, other terms, conditions and documents, and the privacy policies of RoundPoint, its secondary market investors and providers. You agree to receive all current and future notices, disclosures, communications and information, and to do business electronically with RoundPoint, its secondary market investors and providers. This means that RoundPoint, its secondary market investors may communicate with you by sending a message to the email address you provided or at another address that may be associated with you that we receive from its secondary market investors and providers or other parties. You agree that you meet the below technical requirements and are able to access and retain copies of notices and information sent or made available electronically. Technical Requirements To access and retain information and notices we send or make available to you electronically, you will need:
  • Internet access with 128-bit encryption
  • Adobe Acrobat Reader 6 or higher
  • Ability to Print Internet Explorer 6 or higher
  • Netscape 8.04 and above (Use in IE mode)
  • Email Access or Firefox version 1.5
TESTIMONIALS You acknowledge and agree that all testimonials submitted to RoundPoint 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 RoundPoint 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 RoundPoint 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 fictitious 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, RoundPoint 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 RoundPoint 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: RoundPoint does not permit third-party advertising on this website. Except with the written permission of RoundPoint, you agree that you will not create links from any website or Web page to this website or any Web page within this website. 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 website at the time you access this website. 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 website 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 President of RoundPoint. LOCATION You understand and acknowledge that RoundPoint controls and operates this website from within the United States of America. This website 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 website 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 website. USER IDs AND PASSWORDS Certain areas or features of this website may be restricted to users who have obtained a user identification and password by completing a registration process described on this website. 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 website. You agree to notify RoundPoint 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 website 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 website 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 RoundPoint uses and protects the personal information that you may provide through this website, please refer to our Privacy Policy. INDEMNIFICATION If you make any unauthorized use of this website 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 RoundPoint and its affiliates, vendors and licensors, and all of the employees, officers, directors, agents and representatives of RoundPoint 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 website and/or your breach/violation of or failure to comply with the Terms of Use. DISCLAIMERS THE WEB PAGE 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, ROUNDPOINT 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. ROUNDPOINT MAKES NO REPRESENTATION OR WARRANTY REGARDING THE WEB PAGE CONTENT OR ITS USE THEREOF. THE WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND COULD BECOME INACCURATE BECAUSE OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES OF PREPARATION OR PUBLICATION. ROUNDPOINT HAS NO OBLIGATION TO MAINTAIN THE CURRENCY OR ACCURACY OF ANY WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE. LIMITATION OF LIABILITY YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL ROUNDPOINT 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 WEBSITE OR THE WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE, 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 WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE. YOU AGREE THAT ROUNDPOINT 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 ROUNDPOINT‘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 WEBSITE OF WEB PAGE CONTENT THEREON. COMMUNICATIONS WITH COMPANY Time Sensitive Instructions: When communicating with us through this website, PC-talk, chat or via e-mail, do not use the website, PC-talk, chat or e-mail 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 website, PC-talk, chat or via e-mail, must be confirmed in writing by us to be accepted by and binding upon us. Loan Approvals: All loan approvals, pre-qualifications, pre-approvals, rate locks, deposit and refund agreements, and the like, are only made by RoundPoint in writing. Approvals, pre-qualifications and pre-approvals are conditional in accordance with their terms except as specifically provided for in writing by RoundPoint. E-Signature: General communications through this website, PC-talk, chat or via e-mail 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 website, PC-talk, chat e-mail, 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 Permission to Be Contacted: By submitting information to RoundPoint through this website or otherwise, you are making an inquiry as to lending programs and services offered by RoundPoint and give RoundPoint permission to contact you through e-mail, fax, or telephone, or any means, even if your phone number is on a “Do Not Call” list. Permission to Share Your Information: When you “submit” information through the RoundPoint’s website or otherwise, RoundPoint may send your information to its affiliates. Opt-out: For information regarding our Opt-out policy, please refer to our Privacy Policy. APPLICATION OF ADDITIONAL TERMS You acknowledge that certain features of this website, as well other products and services of RoundPoint, including those that may be available through this website, 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. 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 RoundPoint may rely. YOUR COOPERATION NEEDED RoundPoint 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 RoundPoint may need from third parties such as your bank, employer, current mortgage company, etc. In addition, you agree to notify RoundPoint of any changes in any information submitted in connection with your application. REASONABLE EFFORTS While RoundPoint 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 processes are not under our control. For instance, RoundPoint 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; or any other matters beyond RoundPoint’s reasonable control. DEPOSIT / REFUND POLICY When you submit a loan application, RoundPoint 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 RoundPoint third party costs DISPUTE RESOLUTION Any claim or controversy arising out of or relating to the use of the Websites, to the goods or services providPed by RoundPoint, or to any acts or omissions for which you may contend RoundPoint is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitration shall be venued in Mecklenburg County, North Carolina except for Maine consumers for whom the location shall be a place reasonably convenient to the consumer. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to RoundPoint. In any arbitration, RoundPoint will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party, provided, however, that in Maine any cost to the consumer shall be limited to the cost of filing a court case. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Mecklenburg County, North Carolina. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto, except in Maine where state law will control all rights and remedies in the arbitration. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND ROUNDPOINT WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, and the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using RoundPoint’s goods, facilities and services, you consent to these restrictions. Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and RoundPoint, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Mecklenburg County, North Carolina. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys’ fees. SEVERABILITY