National Family Mortgage ®
Terms of Service & Privacy Policy
National Family Mortgage, LLC – Terms of Service
Last Updated: August 04, 2026
1. DEFINITIONS
2. BINDING TERMS OF SERVICE
3. DISCLAIMERS
4. ADDITIONAL TERMS AND POLICIES
5. OWNERSHIP
6. NFM WEBSITE, PRODUCTS, AND/OR SERVICES
7. THIRD PARTY REPRESENTATIVES
8. USER INTERACTION AND CONTENT
9. RIGHTS
10. LIMITED GRANT
11. PROHIBITED ACTIVITIES
12. CHANGE OF PRODUCTS OR SERVICES
13. PAYMENT
14. RISK AND CONSENT
15. SECURITY
16. EQUAL ACCESS AND NON-DESCRIMINATION
17. COPYRIGHT INFRINGEMENT COMPLAINTS
18. THIRD PARTY SERVICES
19. VALIDITY OF LOAN AND LOAN TERMS
20. COMPLIANCE WITH STATE AND FEDERAL LAWS
21. BORROWER OR LENDER INSOLVENCY
22. YOU INDEMNIFY US
23. NO WARRANTY
24. LIMITATIONS OF LIABILITY
25. GEOGRAPHY
26. ASSIGNMENT
27. CONTROLLING LAW; COURT JURISDICTION AND VENUE
28. REQUIRED INFORMAL DISPUTE RESOLUTION; BINDING INDIVIDUAL ARBITRATION; SMALL CLAIMS; JURY TRIAL AND CLASS ACTION WAIVERS
29. CONFORMITY OF LAW
30. QUESTIONS OR COMPLAINTS
31. NOTIFICATION PROCEDURES
32. NON-ENGLISH-SPEAKING CONSUMERS
33. COPYRIGHTS
34. TRADEMARKS
35. PATENTS
36. TELEPHONE COMMUNICATIONS
37. RIGHT TO REFUSE
38. SEVERABILITY
PLEASE READ AND AGREE TO THESE BINDING TERMS OF SERVICE BEFORE USING THIS WEBSITE OR ANY OF THE PRODUCTS OR SERVICES OF NATIONAL FAMILY MORTGAGE, LLC (HEREINAFTER, “NFM”): HTTPS://WWW.NATIONALFAMILYMORTGAGE.COM (HEREINAFTER, “WEBSITE”).
THE WEBSITE AND ITS CONTENTS ARE PROTECTED BY THE LAWS OF COPYRIGHT; AND NFM AND ITS URL ARE ADDITIONALLY PROTECTED BY
THE LAWS OF TRADEMARK.
1. DEFINITIONS
As used in these Terms of Service, the below words and terms shall have the following ascribed meanings:
“Administrative Templates” means optional sample letters, questionnaires, checklists, forms, templates, informational materials, or similar documents made available through the Website, Products, or Services for User convenience.
“Agreement” and “Terms of Service” mean these binding Terms of Service and all incorporated terms or documents, all of which may be supplemented or modified from time to time.
“Borrower”, “Debtor”, and “Payor” mean the person(s) who borrows money from a Lender, and who is indebted or obligated to make repayments for the benefit of the Lender.
“Communications” means any notices, emails, letters, or any electronic or other form of communication, involving or arising from Your use of the WEBSITE or dealings with NFM, including (without limitation) communications with Consumers, Customers, Representatives, or Third-Party Providers regarding Borrower’s or Lender’s accounts and/or their respective use of the WEBSITE or Products or Services or content of NFM as discussed herein.
“Consumer” and “User” mean any Lender, Borrower, Customer, Representative, or other person using the WEBSITE, Forms, Templates, Products, or Services of NFM, including (without limitation) to create or use Loan Documents.
“Customer,” “Client,” “You” and “Your” mean anyone visiting or using the WEBSITE or the Products or Services of NFM, including Your Borrower or Lender, or anyone visiting or using the WEBSITE or Products or Services of NFM on behalf of a Borrower or Lender.
“Designated Preparer/Drafter” means the Borrower or Lender whom NFM identifies in its transaction records as the purchaser of the applicable Products or Services and as the preparer or drafter of the related Loan Documents. If a Borrower or Lender is a trust, the Designated Preparer/Drafter may instead be an individual Trustee acting on behalf of that trust and identified by NFM in its transaction records as the purchaser and preparer or drafter of the related Loan Documents. A payment account or payment method bearing the Designated Preparer/Drafter’s former, maiden, shortened, or other variant name does not alter that designation. Only a Borrower or Lender who is a party to the applicable loan, or an individual Trustee acting on behalf of a Borrower or Lender that is a trust, may be identified as the Designated Preparer/Drafter.
“Effective Date” is the first date when You begin to actively use the WEBSITE or its contents, and/or the Products or Services of NFM.
“Forms,” “Setup Forms,” and “Templates” mean the Forms and Templates provided by or through the WEBSITE, or otherwise involving the use of the WEBSITE or its document assembly software that allows the Customer or User to create Loan Documents based on the Customer or User’s information or input.
“Immediate Family Member” means a parent, child, sibling, grandparent, or grandchild (including any stepparents, stepchildren, step-siblings and adoptive relationships); and in the case of a Seller Financed sale of real estate, the term “Immediate Family Member” shall also include an uncle, aunt, nephew or niece.
“Lender”, “Payee” and “Creditor” mean the person(s) who loans money to a Borrower, to whom the Borrower is indebted or obligated, who is not in the business of mortgage lending, and whose financial compensation will be limited to the Borrower’s interest paid on the loan.
“Loan Documents” mean the Promissory Notes, Mortgages, Deeds of Trust, Security Deeds, and any applicable Riders or Addenda created by a User through the WEBSITE, Forms, Templates, Products, or Services for the purpose of documenting an intrafamily loan secured by residential real estate.
“National Family Mortgage”, “NFM”, “Our”, “Us” and “We” mean National Family Mortgage, LLC, a Massachusetts limited liability company having its principal offices at 300 Baker Avenue, Suite 300, Concord, Massachusetts, 01742, and any subsidiaries, affiliates, or successors, officers, directors, managers, members, employees, contractors, representatives, or agents of National Family Mortgage, LLC.
“Representative” and “Third-Party Representative” means any person or entity authorized to represent the interests of a Customer, Borrower, or Lender in connection with an intrafamily loan transaction in any way involving the use of the WEBSITE or the Products or Services of NFM, whether such authorization is granted before, during, or after creation of the Loan Documents.
“Products” and “Services” mean any and all products or services provided by or through NFM or the WEBSITE, whether or not specifically described herein, including, without limitation, Software Applications, Loan Documents, user-directed recordkeeping functionality, Forms, Templates, descriptions, and Communications with or by NFM.
“Signature”, “Sign” and “Signing” mean any accepted means of signing or executing documents, including (without limitation) traditional ink signing of paper documents and electronic signature of electronic documents as defined under the Electronic Signatures in Global and National Commerce Act (“E-SIGN”), 15 USC §7001, et seq.
“Site” and “WEBSITE” mean https://www.NationalFamilyMortgage.com and any NFM-owned or NFM-controlled webpage, subdomain, or online application that displays or expressly incorporates these Terms of Service. “Site” and “WEBSITE” do not include any third-party website, platform, or service merely linked to or accessible through the WEBSITE.
“Software Application” means any software program, platform, tool, calculator, document-assembly functionality, recordkeeping functionality, or document-storage functionality used or made available by or through the WEBSITE, including, without limitation, the Caregiver Mortgage® Manager and WEBSITE Calculators.
“Third-Party Providers” means any person or entity, other than NFM, whose products, services, software, systems, platforms, infrastructure, websites, or personnel are used, made available, integrated, linked, or engaged in connection with the WEBSITE, Products, Services, or NFM’s business operations.
2. BINDING TERMS OF SERVICE
THESE TERMS OF SERVICE AND YOUR AGREEMENT TO THEM ARE A MANDATORY CONDITION TO USE THE CONTENTS OF THE WEBSITE, AND/OR THE PRODUCTS, SERVICES, FORMS, OR TEMPLATES OF NFM.
YOU REPRESENT, WARRANT, AND AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE AND ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
YOU HAVE IDENTIFIED YOUR OWN BORROWER OR LENDER COUNTERPARTY, AT LEAST ONE OF WHOM IS AN IMMEDIATE FAMILY MEMBER, AND EACH BORROWER OR LENDER (IN ADDITION TO YOU) HAS READ AND HEREBY AGREES TO BE BOUND BY THESE TERMS OF SERVICE AND ALL RELATED AND APPLICABLE LAWS AND REGULATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, THESE TERMS OF SERVICE SHALL BE BINDING UPON YOU AND YOUR SUCCESSORS, HEIRS, REPRESENTATIVES, PERMITTED ASSIGNS, AND ALL PERSONS CLAIMING BY OR THROUGH YOU.
IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF SERVICE. IF AT ANY TIME YOU FIND THESE TERMS OF SERVICE UNACCEPTABLE, OR IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MUST CEASE USING THE WEBSITE, ANY SOFTWARE APPLICATIONS, OR THE PRODUCTS OR SERVICES, FORMS, AND TEMPLATES OF NFM.
SUBJECT TO SECTION 4 AND SECTION 28(O), WE MAY REVISE THESE TERMS OF SERVICE FROM TIME TO TIME. IF ANY MODIFIED TERMS OF SERVICE ARE NOT ACCEPTABLE TO YOU AND BORROWER OR LENDER, OR YOUR OR THEIR REPRESENTATIVES, YOUR SOLE RECOURSE IS TO CEASE USING THE WEBSITE AND/OR THE PRODUCTS OR SERVICES, FORMS OR TEMPLATES OF NFM. IF AT ANY TIME YOU FIND THESE TERMS OF SERVICE UNACCEPTABLE OR IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, IMMEDIATELY CEASE USING THE WEBSITE AND/OR THE PRODUCTS OR SERVICES, OR FORMS OR TEMPLATES OF NFM.
YOU, EACH BORROWER, EACH LENDER, AND NFM AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATING TO THE WEBSITE, PRODUCTS, SERVICES, THESE TERMS OF SERVICE, OR YOUR DEALINGS WITH NFM SHALL BE SUBJECT TO THE REQUIRED INFORMAL DISPUTE-RESOLUTION PROCESS AND, EXCEPT FOR AN INDIVIDUAL SMALL CLAIM AND THE LIMITED COURT PROCEEDINGS EXPRESSLY PERMITTED IN SECTION 28, SHALL BE RESOLVED THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION AS PROVIDED IN SECTION 28. YOU, EACH BORROWER, EACH LENDER, AND NFM KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO BRING, JOIN, OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING, TO THE FULLEST EXTENT PERMITTED BY LAW.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IF ANY PROVISION OR ASPECT OF THESE TERMS OF SERVICE IS ADJUDGED OR OTHERWISE DETERMINED TO BE INVALID OR UNENFORCEABLE, IN WHOLE OR PART, SUCH DETERMINATION SHALL NOT IMPACT OR INVALIDATE ANY OTHER PORTION OF THIS PROVISION OR THESE TERMS OF SERVICE.
3. DISCLAIMERS
3.1. NFM provides web-based Products and Services to families who desire to lend or borrow money with their immediate family members and wish to secure such loans with residential real estate.
3.2. NFM is not an attorney for You or anyone else and does not provide legal services; NFM is not an agent for You or anyone else and does not hold itself out as an agent; NFM is not a financial advisor and does not provide financial advice to You or anyone else; and NFM is not a tax advisor and does not provide tax advice to You or anyone else.
3.3. NO ATTORNEY-CLIENT OR FIDUCIARY RELATIONSHIP IS CREATED BETWEEN YOU AND NFM, WHETHER THROUGH THE USE OF THE WEBSITE OR THE PRODUCTS OR SERVICES OR OTHERWISE.
3.4. NO SETTLEMENT, ESCROW, CLOSING, RECORDING, OR REGULATORY REPORTING ROLE. NFM does not act as a settlement agent, escrow agent, closing attorney, title company, title insurer, recording agent, fiduciary, or reporting person in connection with any loan or real estate transaction. NFM does not receive, hold, control, or disburse loan proceeds, escrow funds, settlement funds, or other client funds; conduct or supervise closings; prepare settlement statements; or undertake to record deeds, mortgages, deeds of trust, security deeds, liens, or other instruments.
NFM does not undertake to prepare or file any real estate transaction report, anti-money-laundering report, beneficial-ownership report, or similar regulatory filing. Each party and transaction professional is solely responsible for determining and satisfying any reporting, disclosure, filing, recording, or compliance obligation applicable to that person’s own role under then-applicable law.
3.5. COMMUNICATIONS WITH NFM ARE NOT PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE, WORK-PRODUCT DOCTRINE, OR ANY OTHER LEGAL OR EVIDENTIARY PRIVILEGE MERELY BECAUSE THEY ARE CONFIDENTIAL OR CONCERN A LEGAL, FINANCIAL, TAX, LOAN, OR REAL-ESTATE MATTER. NFM’S COLLECTION, USE, PROTECTION, RETENTION, AND DISCLOSURE OF PERSONAL INFORMATION ARE GOVERNED BY NFM’S PRIVACY POLICY AND APPLICABLE LAW.
3.6. NFM DOES NOT OFFER TO SERVE AS A BROKER OR AS AN AGENT FOR ANYONE ATTEMPTING TO ARRANGE, FIND, OBTAIN, PLACE, ASSIST IN THE PLACEMENT OF, OR PROCURE A MORTGAGE LOAN OR A MORTGAGE COMMITMENT, OR FOR ANYONE WHO MAKES OR OFFERS TO MAKE MORTGAGE LOANS OR MORTGAGE COMMITMENTS. NFM IS NOT AND SHALL NOT BE CONSIDERED A BROKER OR AS AN AGENT FOR ANY CONSUMER OR CUSTOMER AND NFM DOES NOT AND SHALL NOT HAVE THE AUTHORITY TO BIND, CONTRACT, OR OTHERWISE ENTER INTO ANY OBLIGATION FOR OR ON BEHALF OF ANY CONSUMER OR CUSTOMER.
3.7. NFM DOES NOT ENGAGE IN THE BUSINESS NOR SERVE AS A MORTGAGE LOAN BROKERAGE OR MORTGAGE LOAN ORIGINATION – EITHER DIRECTLY OR INDIRECTLY.
NFM DOES NOT SELL REAL ESTATE LOANS, INCLUDING BUT NOT LIMITED TO, THE SALE OF ANY OBLIGATION SECURED OR PURPORTEDLY SECURED BY AN INTEREST IN REAL PROPERTY, THE SALE OF ANY MORTGAGE-BACKED SECURITIES, THE SALE OF ANY COLLATERALIZED MORTGAGE OBLIGATIONS, OR THE SALE OF ANY REAL ESTATE INVESTMENT CONDUITS.
NFM DOES NOT MATCH PROSPECTIVE BORROWERS AND LENDERS AND DOES NOT SOLICIT, LOCATE, OR PROCURE A BORROWER OR LENDER FOR ANY PERSON. NFM DOES NOT ACT AS A MORTGAGE BROKER, MORTGAGE LOAN ORIGINATOR, CREDIT INTERMEDIARY, OR LOAN ARRANGER; DOES NOT NEGOTIATE OR OFFER TO NEGOTIATE LOAN TERMS; AND DOES NOT PARTICIPATE IN ANY UNDERWRITING OR CREDIT DECISION.
NFM’S PROVISION OF SELF-HELP DOCUMENT-ASSEMBLY TOOLS AND MINISTERIAL COMMUNICATION, ELECTRONIC-SIGNATURE, AUTHENTICATION, AND DOCUMENT-ROUTING SERVICES AFTER THE FAMILY PARTIES HAVE INDEPENDENTLY IDENTIFIED EACH OTHER AND SELECTED AND APPROVED THEIR LOAN TERMS IS NOT INTENDED TO, AND SHALL NOT BE CONSTRUED TO, CONSTITUTE MATCHING, BROKERAGE, ORIGINATION, ARRANGING, UNDERWRITING, OR A CREDIT DECISION.
3.8. NFM WILL NOT:
A. TAKE, PROCESS OR ACCEPT ANY RESIDENTIAL MORTGAGE LOAN APPLICATION FOR OR ON BEHALF OF ANY THIRD PARTY AS A LENDER, OR OTHERWISE, OR
B. OFFER TO NEGOTIATE, OR NEGOTIATE, THE TERMS OF ANY RESIDENTIAL LOAN OR RESIDENTIAL MORTGAGE OBLIGATION.
NFM’S SETUP FORMS ARE ADMINISTRATIVE DOCUMENT-ASSEMBLY QUESTIONNAIRES USED AFTER THE BORROWERS AND LENDERS HAVE INDEPENDENTLY IDENTIFIED EACH OTHER AND DETERMINED THE PROPOSED LOAN TERMS. THE SETUP FORMS ARE NOT APPLICATIONS FOR CREDIT. NFM DOES NOT USE THE SETUP FORMS TO EVALUATE CREDITWORTHINESS, APPROVE OR DENY CREDIT, OR RECOMMEND OR NEGOTIATE LOAN TERMS.
3.9. NFM DOES NOT PERFORM THE FOLLOWING CLERICAL OR SUPPORT FUNCTIONS COMMONLY ASSOCIATED WITH MORTGAGE UNDERWRITING, WHICH SHALL BE HANDLED DIRECTLY BETWEEN YOU AND THE LENDER OR BORROWER (OR ANY OTHER CUSTOMERS), AND SHALL NOT INVOLVE NFM:
A. THE PREPARATION OF LOAN PACKAGES FOR USE IN PROCESSING, UNDERWRITING, OR MAKING A CREDIT DECISION, INCLUDING THE RECEIPT, COLLECTION, DISTRIBUTION, OR ANALYSIS OF INFORMATION FOR ANY SUCH PURPOSE; AND
B. COMMUNICATING WITH A CONSUMER TO OBTAIN INFORMATION NECESSARY FOR PROCESSING OR UNDERWRITING A LOAN OR FOR A LENDER’S CREDIT DECISION.
TYPICAL INFORMATION NECESSARY FOR THE PREPARATION OF A LOAN PACKAGE FOR THE PROCESSING AND UNDERWRITING OF A LOAN, WITH WHICH NFM IS NOT INVOLVED, INCLUDES, BUT IS NOT LIMITED TO:
AA. BORROWER EMPLOYMENT VERIFICATION
BB. BORROWER INCOME VERIFICATION
CC. BORROWER ASSET VERIFICATION
DD. BORROWER DEBT VERIFICATION
EE. BORROWER CREDIT AGENCY RATINGS
FF. SOURCE OF BORROWER DOWN PAYMENT (IF ANY)
3.10. NFM DOES NOT AND WILL NOT UNDERWRITE ANY LOANS AND DOES NOT AND WILL NOT COLLECT, RECEIVE, DISTRIBUTE, OR ANALYZE ANY INFORMATION IN CONNECTION WITH THE MAKING OF ANY SUCH LENDER’S CREDIT DECISION TO EXTEND A LOAN.
3.11. ANY LIMITED ADMINISTRATIVE OR MINISTERIAL ASSISTANCE PROVIDED BY NFM IS PROVIDED AT THE EXPRESS REQUEST AND DIRECTION OF, AND BASED SOLELY UPON THE INFORMATION, DECISIONS, AND INSTRUCTIONS SUPPLIED BY, YOU OR THE BORROWER OR LENDER WHO PURCHASED THE APPLICABLE PRODUCTS OR SERVICES. BEFORE NFM PROVIDES SUCH ASSISTANCE, THE BORROWER AND LENDER HAVE INDEPENDENTLY IDENTIFIED EACH OTHER, MADE THE CREDIT DECISION, AND SELECTED AND APPROVED THE LOAN TERMS. NFM DOES NOT TAKE OR PROCESS A RESIDENTIAL MORTGAGE LOAN APPLICATION; RECEIVE, COLLECT, DISTRIBUTE, OR ANALYZE INFORMATION FOR CREDIT PROCESSING OR UNDERWRITING; OFFER, NEGOTIATE, OR RECOMMEND LOAN TERMS; EVALUATE CREDITWORTHINESS; OR MAKE OR PARTICIPATE IN A CREDIT DECISION.
3.12. ALL LOAN AND CREDIT DECISIONS ARE AND WERE MADE BY YOU AND THE BORROWER, LENDER, OR OTHER CUSTOMER BASED UPON YOUR OR THEIR PERSONAL RELATIONSHIP WITH AND PERSONAL KNOWLEDGE OF THE BORROWER AND TERMS. IT IS YOUR OR THE LENDER’S RESPONSIBILITY TO ASSESS THE INHERENT RISKS IN LENDING A FAMILY MEMBER MONEY AND IT IS ENTIRELY YOUR OR THE LENDER’S RESPONSIBILITY TO UNDERWRITE THE LOAN, APPROVE THE LOAN, OFFER LOAN TERMS, FUND THE LOAN, CONFIRM PROPER EXECUTION, RECORDING, INDEXING, AND LEGAL PERFECTION OF THE MORTGAGE, DEED OF TRUST, OR SECURITY DEED, SERVICE THE LOAN, AND GENERATE AND PERFECT ANY GOVERNMENT REQUIRED LIEN RELEASE UPON SATISFACTION OF THE LOAN.
3.13. IT IS THE RESPONSIBILITY OF YOU AND BORROWER OR LENDER, OR OF THE SETTLEMENT AGENT OR THIRD PARTY REPRESENTATIVE, TO OVERSEE THE FILING AND PERFECTION OF THE REAL ESTATE MORTGAGE OR LIEN.
NFM MAKES NO REPRESENTATION OR WARRANTY REGARDING THE EXISTENCE, PRIORITY, SENIORITY, POSITION, PERFECTION, VALIDITY, ENFORCEABILITY, OR RELEASE OF ANY LIEN, MORTGAGE, DEED OF TRUST, SECURITY DEED, OR OTHER SECURITY INTEREST. ALL MATTERS CONCERNING LIEN PRIORITY, TITLE STATUS, RECORDING, INDEXING, INTERVENING LIENS OR ENCUMBRANCES, AND TITLE INSURANCE ARE SOLELY THE RESPONSIBILITY OF YOU AND BORROWER OR LENDER AND, WHERE APPLICABLE, THE SETTLEMENT AGENT, TITLE COMPANY, OR OTHER THIRD PARTY REPRESENTATIVE.
NFM EXPRESSLY DISCLAIMS:
A. ANY DUTY TO IDENTIFY ANY ERRORS OR DEFICIENCIES IN THE FORM OR CONTENT OF THE LOAN DOCUMENTS CREATED BY YOU OR BORROWER OR LENDER THAT WOULD CAUSE SUCH DOCUMENTS TO BE REJECTED FOR RECORDING OR INVALIDATED POST-RECORDING;
B. ANY LIABILITY TO ANY PERSON OR ENTITY FOR LOSS OR DAMAGE ARISING OUT OF OR RELATING TO ERRORS OR OMISSIONS BY YOU OR BORROWER OR LENDER, OR OF THE SETTLEMENT AGENT OR THIRD PARTY REPRESENTATIVE, OR OF ANY PUBLIC OFFICIALS (INCLUDING, BUT NOT LIMITED TO, ERRORS IN POSTING, INDEXING OR RECORDING DOCUMENTS); OR
C. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY LIABILITY TO ANY PERSON OR ENTITY FOR LOSS OR DAMAGE ARISING OUT OF OR RELATING TO THE FILING, RECORDING, INDEXING, PERFECTION, PRIORITY, MAINTENANCE, SATISFACTION, RECONVEYANCE, OR RELEASE OF ANY LOAN DOCUMENT OR SECURITY INTEREST, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER ARISING FROM NEGLIGENCE, ACCIDENT, OR OTHER CAUSE.
3.14. NFM DOES NOT PROVIDE SERVICES OR ASSISTANCE IN NEGOTIATING, STRUCTURING, CONDUCTING, CLOSING, FUNDING, OR RECORDING THE REAL ESTATE TRANSACTION ITSELF. WITHOUT LIMITATION, NFM HAS AND WILL HAVE NO INVOLVEMENT WITH:
A. OFFERS TO PURCHASE
B. PURCHASE AND SALES AGREEMENTS OR CONTRACTS TO PURCHASE
C. TITLE INSURANCE POLICIES OR COMMITMENTS
D. CONDUCTING, SUPERVISING, OR ADMINISTERING REAL ESTATE CLOSINGS
E. PREPARING, REVIEWING, APPROVING, CORRECTING, OR ISSUING SETTLEMENT STATEMENTS
F. HOMEOWNER’S OR OTHER INSURANCE
G. BANK ACCOUNT WIRE TRANSFER OR OTHER PAYMENT INSTRUCTIONS.
NFM SHOULD NOT BE PROVIDED WITH DRAFTS OF ANY OF THE FOREGOING DOCUMENTS FOR PREPARATION, REVIEW, APPROVAL, CORRECTION, OR USE IN CONDUCTING OR ADMINISTERING THE CLOSING. NFM SHOULD NOT BE IDENTIFIED ON ANY OF THE FOREGOING OR OTHER TRANSACTIONAL DOCUMENTS AS A PARTY, LENDER, BROKER, LOAN ORIGINATOR, ARRANGER, SETTLEMENT AGENT, ESCROW AGENT, CLOSING AGENT, TITLE COMPANY, SERVICER, ATTORNEY, FIDUCIARY, OR OTHER TRANSACTION PROFESSIONAL.
AFTER CLOSING, AND AT THE DIRECTION OR WITH THE AUTHORIZATION OF A BORROWER OR LENDER, NFM MAY REQUEST AND RECEIVE FROM THE SETTLEMENT AGENT COPIES OF THE EXECUTED LOAN DOCUMENTS AND THE BORROWER’S FINAL SETTLEMENT STATEMENT. NFM MAY RETAIN SUCH COPIES SOLELY FOR NFM’S INTERNAL RECORDKEEPING OR, AT THE DIRECTION OR WITH THE AUTHORIZATION OF THE APPLICABLE BORROWERS AND LENDERS, TRANSMIT SUCH COPIES IN CONNECTION WITH AN OPTIONAL SERVICING ARRANGEMENT BETWEEN THE BORROWERS AND LENDERS AND AN INDEPENDENT LOAN SERVICER THEY HAVE SELECTED, INCLUDING FCI LENDER SERVICES, INC..
NFM’S REQUEST, RECEIPT, RETENTION, OR TRANSMISSION OF SUCH COPIES IS POST-CLOSING ADMINISTRATIVE ASSISTANCE ONLY. IT DOES NOT CONSTITUTE PREPARATION, REVIEW, APPROVAL, CORRECTION, EXECUTION, CLOSING, FUNDING, RECORDING, SERVICING, OR A DETERMINATION OF THE ACCURACY, COMPLETENESS, LEGAL SUFFICIENCY, RECORDABILITY, OR EFFECTIVENESS OF ANY DOCUMENT OR TRANSACTION.
NFM DISCLAIMS ANY DUTY OR LIABILITY CONCERNING THE PREPARATION, REVIEW, ACCURACY, COMPLETENESS, SUFFICIENCY, OR LEGAL EFFECT OF ANY OF THE FOREGOING TRANSACTIONAL DOCUMENTS, OR THE LEGALITY OR APPROPRIATENESS OF THE REAL ESTATE TRANSACTION, IN WHOLE OR PART. LAWS GOVERNING PROPERTY RIGHTS, REAL ESTATE RIGHTS, MARITAL PROPERTY, SURVIVORSHIP, AND PROBATE VARY BY STATE. YOU AND THE LENDER OR BORROWER ARE ADVISED AND URGED TO SEPARATELY SECURE SUCH LEGAL OR PROFESSIONAL GUIDANCE AND ASSISTANCE AS MAY BE REQUIRED OR APPROPRIATE.
3.15. YOU AND EACH BORROWER AND LENDER ARE SOLELY RESPONSIBLE FOR MANAGING THE DEBT COLLECTION AND SERVICING OF THE LOAN, EITHER DIRECTLY OR THROUGH A LOAN SERVICER INDEPENDENTLY SELECTED AND AUTHORIZED BY THE BORROWERS AND LENDERS, INCLUDING, BUT NOT LIMITED TO, ALL DEBT COLLECTION COMMUNICATIONS, ALL FINANCIAL STATEMENTS, ALL PAYMENT PROCESSING, ALL LOAN ACCOUNTING, ALL TAX FORM GENERATION AND REQUIRED GOVERNMENT TAX REPORTING, ALL LOAN AMENDMENTS AND MODIFICATIONS, ALL LOAN PAYOFF STATEMENTS, AND THE DRAFTING AND PERFECTION OF ANY GOVERNMENT-REQUIRED LIEN RELEASE UPON SATISFACTION OF THE LOAN.
3.16. The use of the term “National” in NFM’s business name denotes the geographic scope of its services and is not intended to imply any affiliation with, or endorsement by, the United States government, the Federal Deposit Insurance Corporation (FDIC), or any other federal agency.
4. ADDITIONAL TERMS AND POLICIES
NFM’s Privacy Policy, set forth immediately below these Terms of Service on the same webpage, is incorporated into and forms part of these Terms of Service and the Agreement. Any acceptance or acknowledgment of these Terms of Service includes acceptance and acknowledgment of the Privacy Policy. Your use of the WEBSITE or any Products or Services may also be subject to NFM’s Standards (https://www.nationalfamilymortgage.com/standards/) and other additional terms or policies applicable to Your transaction.
By using the WEBSITE and/or Products or Services, You acknowledge that You have read and agree to be bound to any and all additional terms, policies, and procedures, including as explained in each Family Mortgage Guide (https://www.nationalfamilymortgage.com/download-guide/), available on the WEBSITE, as appropriate for Your transaction.
We may offer Products or Services that are subject to additional terms, policies, eligibility limitations, transaction restrictions, and unsupported-transaction rules specific to those Products or Services, including home-equity, refinance, balloon-payment-template, or other specialized intrafamily mortgage documentation products. By using any such Products or Services, You acknowledge that You have read and agree to be bound by any such additional terms, policies, limitations, restrictions, rules, product instructions, NFM Standards, and applicable Family Mortgage Guides, as incorporated by reference, in addition to these Terms of Service.
Except for changes required by applicable law, security requirements, third-party provider requirements, or changes expressly accepted by the affected parties, the version of these Terms of Service, the applicable NFM Standards, and the applicable Family Mortgage Guide in effect when a purchase is completed will govern that purchase and the related submission. Subsequent revisions will apply prospectively and will not modify the terms governing an existing purchase or submission unless otherwise stated in these Terms or expressly accepted by the affected parties.
If an express conflict exists among these Terms of Service, product-specific terms, the NFM Standards, an applicable Family Mortgage Guide, or the Privacy Policy: (a) Section 28 controls all matters of dispute resolution; (b) the Privacy Policy controls NFM’s collection, use, retention, protection, and disclosure of Personal Information; (c) product-specific terms control solely with respect to the particular Product or Service they expressly govern; and (d) these Terms of Service otherwise control. No later document amends these Terms of Service unless it expressly identifies the provision being amended and is accepted by the affected person as required by these Terms.
5. OWNERSHIP
The WEBSITE and Software Applications are owned and operated by National Family Mortgage, LLC. All rights, title and interest in and to the materials provided on the WEBSITE and Software Applications, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”), are owned either by NFM or by its Third Party Providers. Except as otherwise expressly provided herein or in writing by NFM, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on this WEBSITE or on any Software Applications shall be construed to confer any license under any of NFM’s intellectual property rights, whether by estoppel, implication or otherwise. NFM does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by NFM under these Terms of Service. Any rights not expressly granted herein are reserved by NFM.
6. NFM WEBSITE, PRODUCTS, AND/OR SERVICES
NFM provides support to families who desire to lend or borrow money with their immediate family members and wish to secure such loans with residential real estate.
In doing so, NFM makes available its WEBSITE, Products and Services, as further described on the NFM WEBSITE: https://www.NationalFamilyMortgage.com
NFM makes no representations or warranties concerning the completeness or suitability of the information on the WEBSITE, Products or Services for Your particular transaction. Any references to legal, tax, or IRS compliance describe the intended design of WEBSITE, Products, and Services, not the provision of professional advice.
The WEBSITE, Products or Services, include Forms and Templates for Your use in creating Your own Loan Documents.
NFM DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE FORMS AND TEMPLATES OR THEIR SUITABILITY OR LEGAL VALIDITY FOR YOUR NEEDS OR TRANSACTION. BY USING THE WEBSITE AND PRODUCTS OR SERVICES, YOU ARE CREATING AND USING YOUR OWN LOAN DOCUMENTS AT YOUR OWN RISK TO ADVANCE, PROTECT, AND SECURE YOUR INTERESTS.
NFM does not provide legal advice concerning the suitability or legal completeness of Your Loan Documents for Your particular transaction or jurisdiction.
You are advised to have all Loan Documents reviewed and approved by qualified legal counsel and financial advisors, making such modifications as the attorney or advisor recommends. The law and lending practices change rapidly and differ between states and jurisdictions. The WEBSITE information, Forms, and Templates therefore cannot fit every transaction. We do not review the Loan Documents or any Form information You input for accuracy or legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about Your legal rights, remedies, defenses, options, selection of Templates, or strategies, or apply the law to the facts of Your particular situation or transaction. You accept full responsibility for complying with applicable laws and regulations at all times.
The Promissory Note, residential Security Instrument–including the applicable Mortgage, Deed of Trust, or Security Deed–and applicable Rider and Addendum Templates made available by NFM are derived from standardized, uniform, state-specific instruments jointly approved and maintained by Fannie Mae® and Freddie Mac® and widely used in U.S. residential real estate transactions.
The User selects and approves the applicable transaction type, jurisdiction, property information, loan terms, and other factual inputs from the options made available through NFM’s Products or Services. NFM does not make an individualized legal determination or provide legal advice concerning which Form or Template is legally appropriate for a particular transaction.
The Fannie Mae ® and Freddie Mac ® standardized, uniform templates NFM provides access to include:
A. Promissory Notes
B. Security Instruments (Mortgage, Deed of Trust, Security Deed)
C. Riders & Addenda
NFM is not affiliated with, licensed or approved by, or acting on behalf of Fannie Mae® or Freddie Mac®.
Your loan is not approved, purchased, guaranteed, or insured by Fannie Mae® or Freddie Mac®.
6.1. Designated Preparer/Drafter of Loan Documents
The Designated Preparer/Drafter uses, or authorizes the use of, NFM’s self-help Forms, Templates, and document-assembly software in connection with a loan in which the Designated Preparer/Drafter is either a Borrower or Lender or an individual Trustee acting on behalf of a Borrower or Lender that is a trust. Those Loan Documents identify the Designated Preparer/Drafter as the preparer or drafter on both the Promissory Note and the applicable Mortgage, Deed of Trust, or Security Deed.
Each Borrower and Lender is individually responsible for reviewing and approving the information, loan terms, and Loan Documents applicable to the transaction. Each Borrower and Lender acts on that party’s own behalf in reviewing and approving the transaction and does not, merely by participating in the transaction, using or approving the Loan Documents, or being identified as the Designated Preparer/Drafter, act as an attorney or legal representative for any other Borrower or Lender.
By accepting these Terms of Service, each Borrower and Lender acknowledges and agrees to the identification of the Designated Preparer/Drafter as the preparer or drafter on both the Promissory Note and the applicable Mortgage, Deed of Trust, or Security Deed.
NFM provides access to standardized Forms, Templates, and document-assembly functionality. NFM is not identified in the Loan Documents as the preparer or drafter, does not undertake to act as the legal preparer or drafter for any Borrower, Lender, or individual Trustee, and does not act as an attorney or legal representative for any Borrower, Lender, or individual Trustee.
6.2. Limited Support Services
NFM may provide general explanations or descriptions in response to Your or other Consumer, Customer, and Third Party Representative queries. For example, NFM may confirm non-legal administrative details concerning use of the WEBSITE, Products, or Services, including by communicating with a Borrower, Lender, or Third Party Representative, or by communicating with a prospective Borrower, Lender, or Third Party Representative about those matters.
NFM highlights third party servicing for Customers who want to have their loan professionally managed, including with FCI Lender Services, Inc..
NFM Customers are under no obligation to have their family mortgage loan serviced by FCI Lender Services, Inc., or by any other such service provider.
If NFM Customers elect to have their loan professionally managed by FCI Lender Services, or by any other such service provider, with you, or Borrower’s or Lender’s authorization, NFM may assist with helping trouble-shoot limited Loan Servicing administrative requests for loans not in default. Such limited Loan Servicing related administrative help typically includes:
A. Verification that a new account has been activated for Loan Servicing
B. Connecting you, and Borrower and Lender via email to the correct Loan Servicing Customer Service Representative or department
C. Instructing the easiest way to obtain annual IRS Tax Forms from Loan Servicer
D. Instructing how to request a loan Payoff Statement from Loan Servicer
E. Instructing how a Lender may request a loan principal reduction, loan forgiveness, or close a Loan Servicing account, including how to request Loan Servicer preparation and perfection of a Lien Release
With Your authorization, NFM may assist You with resolving limited Loan Servicing account requests with FCI Lender Services, Inc.
NFM does not receive, hold, collect, apply, or transfer loan payments; determine, approve, or certify amounts due; generate or issue periodic statements or tax forms; make servicing or collection decisions; communicate with a Borrower concerning a default; or direct an independent loan servicer’s performance. NFM does not maintain the official loan-servicing ledger for any loan.
As described in Section 6.4, the retired Caregiver Mortgage® Manager is a user-directed recordkeeping and calculation tool made available only to existing grandfathered Users. Authorized Users maintain their own loan records through the tool and may request an automated payoff statement generated from information entered into the platform by those Users. NFM does not independently determine, verify, approve, or certify the data, calculations, balances, accrued interest, available funds, or payoff amount produced through the Caregiver Mortgage® Manager.
Any assistance described in this Section 6.2 is limited to relaying an administrative request, identifying the appropriate loan-servicer contact, or explaining how a Customer may submit a request directly to the loan servicer.
6.3. Administrative Templates and Third-Party Communications
NFM may provide optional sample letters, questionnaires, checklists, templates, and other materials (collectively, “Administrative Templates”) for User convenience, including materials that may be shared with real estate agents, settlement agents, title companies, or other third parties in connection with a User’s independently documented transaction. Such Administrative Templates are provided solely as optional administrative tools for User convenience.
The provision of Administrative Templates, the inclusion of NFM contact information solely for identification purposes, or any incidental communications with third parties shall not be construed as NFM’s participation in the negotiation, approval, underwriting, origination, brokerage, arranging, structuring, closing, funding, or servicing of any loan or real estate transaction; as legal representation, legal advice, legal review, or legal drafting or document preparation on behalf of any party; or as participation in any credit decision, including any amendment, modification, refinancing, restatement, satisfaction, or release thereof.
All loan approvals, commitment determinations, credit decisions, terms, funding decisions, closing instructions, and transaction determinations are made solely by the Lender and Borrower. Users document their own loans. NFM does not act as a lender, broker, loan originator, arranger, escrow agent, settlement agent, fiduciary, financial advisor, tax advisor, or legal advisor in connection with any transaction.
No real estate agent, settlement agent, title company, lender, borrower, heir, beneficiary, purchaser, governmental authority, or other third party may rely upon an Administrative Template, Communication, or administrative assistance from NFM as legal advice, tax advice, financial advice, a credit approval, a lending commitment, a title opinion, a closing authorization, or a representation that NFM has reviewed or approved the transaction.
This paragraph does not prevent an intended recipient from using the applicable Loan Documents, Administrative Templates, Closing Instructions, or related Communications for the purpose expressly stated in those materials, subject to the recipient’s own independent review and, where applicable, the professional judgment and advice of the recipient’s own attorney, settlement professional, title professional, tax advisor, financial advisor, or other professional advisor.
At the express direction of You or Borrower or Lender who paid for NFM’s Products or Services, and subject to any authority granted to a Representative under these Terms of Service, NFM may use third-party platforms, including electronic signature, authentication, communication, and document-transmission tools, to transmit Administrative Templates, Terms of Service acknowledgments, Loan Documents, Closing Instructions, servicing setup forms, and related communications to You, Borrower or Lender, Representatives, settlement agents, attorneys, title companies, escrow companies, loan servicers, or other authorized recipients. Any such routing, signature workflow, authentication, electronic transmission, or acknowledgment of receipt is ministerial only, provided solely for User convenience, and shall not be construed as NFM’s participation in the negotiation, approval, underwriting, origination, brokerage, arranging, structuring, closing, funding, or servicing of any loan or real estate transaction; as legal representation, legal advice, legal review, or legal drafting or document preparation on behalf of any party; or as participation in any credit decision.
6.4. The Caregiver Mortgage ® Manager and WEBSITE Calculators
NFM may make WEBSITE Calculators available without charge in accordance with these Terms of Service. The retired Caregiver Mortgage® Manager remains available without charge only to existing grandfathered Users authorized by NFM. To the fullest extent permitted by law, NFM reserves the right, in its sole discretion, to amend, suspend, or withdraw access to any such tool or to impose a fee for future use after providing any notice required by applicable law.
The Caregiver Mortgage® Manager is a retired recordkeeping and calculation tool that remains available only to a limited number of grandfathered Users. The Caregiver Mortgage® Manager permits authorized Users to enter and track loan disbursements, accrued interest, and available funds on a secured line of credit and may generate an automated payoff statement based solely upon information entered into the platform by authorized Users.
NFM does not independently verify, approve, or determine the accuracy or legal sufficiency of any data, calculation, balance, accrued-interest amount, available-funds amount, or payoff amount generated through the Caregiver Mortgage® Manager. NFM does not receive, hold, collect, apply, or transfer payments through the Caregiver Mortgage® Manager and does not act as the loan servicer. The applicable Borrowers and Lenders remain solely responsible for reviewing and approving all information and outputs generated through the Caregiver Mortgage® Manager before relying upon them or providing them to a settlement professional or other recipient.
NFM makes no representations or warranties concerning the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any functionality or content of the Caregiver Mortgage ® Manager or Calculators and, to the fullest extent permitted by law, disclaims any and all implied warranties, conditions or other terms of any kind. To the fullest extent permitted by law, You agree that NFM shall have no liability for any loss or damage of any kind incurred as a result of You or anyone else using the Caregiver Mortgage ® Manager and Calculators or relying on any of their content.
NFM cannot and does not guarantee that any function or content of the Caregiver Mortgage ® Manager or Calculators will be free from viruses and/or other code that may have contaminating or destructive elements. NFM is not liable to You for any damage or alteration to Your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Caregiver Mortgage ® Manager or Calculators. It is Your responsibility to implement appropriate security safeguards (including anti-virus and other security checks) to satisfy Your particular requirements as to the safety and reliability of content.
Personal or confidential information entered into the Caregiver Mortgage® Manager or WEBSITE Calculators may be accessible to authorized Users and transaction participants and may be processed or disclosed to Third-Party Providers as described in Sections 8, 14, and 18 and in NFM’s Privacy Policy. NFM does not sell such Personal Information. NFM may otherwise use or disclose it only as authorized by the applicable User, as reasonably necessary to provide the Products or Services, or as permitted or required by applicable law.
For the Caregiver Mortgage ® Manager, please also refer to both our THIRD PARTY REPRESENTATIVE policy (Section 7) and USER INTERACTION AND CONTENT policy (Section 8).
You will not, nor allow third parties on Your behalf to (i) make and distribute copies of the Caregiver Mortgage ® Manager or Calculators; (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Caregiver Mortgage ® Manager or Calculators; (iii) create derivative works of the Caregiver Mortgage ® Manager or Calculators of any kind whatsoever; (iv) use the Caregiver Mortgage ® Manager or Calculators in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Service, or act fraudulently or maliciously for example by hacking into or inserting malicious code into the Caregiver Mortgage ® Manager or Calculators or other operating systems; (v) or use the Caregiver Mortgage ® Manager or Calculators in a way that could damage, disable, overburden, impair or compromise NFM, our systems or security or interfere with other Users.
NFM does not accept any responsibility for any unavailability of the Caregiver Mortgage ® Manager or Calculators, or any difficulty or inability to download or access content or any other communication system failure which may result in the Caregiver Mortgage ® Manager or Calculators being unavailable.
7. THIRD PARTY REPRESENTATIVES
You and Borrower or Lender may designate individuals to act on Your/their behalf in association with using NFM’s Products or Services (hereinafter “Representative” or “Third Party Representative”).
Definition of Representative. “Representative” means that natural person or legal entity, duly and demonstrably authorized by You or Borrower or Lender or by a court or administrative body of competent jurisdiction to represent Your interests or the interests of the Borrower or Lender, whether such authorization is granted prior to, during, or following creation of the Loan Documents. References in these Terms to an action or Communication by a Borrower or Lender include an action or Communication by that party’s authorized Representative only while the Representative is acting within the actual or apparent scope of the authority granted. A Representative does not become a Borrower or Lender, acquire that party’s substantive rights, or assume that party’s substantive obligations merely by acting as a Representative.
Common Representatives and Third Party Representatives may include, but are not limited to:
A. Settlement Agent, including the Closing attorney, Title Company, Escrow Company, or other person or entity handling the real estate closing and/or the closing of the loan
B. Borrower’s/Lender’s Financial Advisor
C. Borrower’s/Lender’s Tax Professional
D. Borrower’s/Lender’s Attorney
E. Borrower’s/Lender’s Insurance Agent/Broker
F. Borrower’s/Lender’s Real Estate Agent
G. Borrower’s/Lender’s Mortgage Broker / Lender
H. Borrower’s/Lender’s Loan Servicer
Duties and Responsibilities of Representatives/Third-Party Representatives. You are responsible for ensuring that any Representative designated by You acts within the scope of the authority You granted and complies with all requirements applicable to the Representative’s access to or use of NFM’s Products or Services. NFM may require a Representative to separately review and accept these Terms of Service before receiving access to information, documents, or electronic workflows. No Representative becomes an agent, employee, fiduciary, or representative of NFM by communicating or working with NFM.
Communications with Representatives. NFM may reasonably rely upon instructions received from a Representative within the apparent scope of that Representative’s authority unless and until NFM receives clear written notice that the authority has been revoked or limited. A Representative authorized by one Borrower or Lender may not override the instructions, approvals, rights, or responsibilities of another Borrower or Lender or change loan terms without all approvals required by NFM’s applicable workflow.
If NFM receives conflicting, incomplete, unclear, or disputed instructions, NFM may refrain from acting and may suspend or discontinue the applicable submission or Service until NFM receives written clarification or confirmation satisfactory to NFM.
NFM SHALL BEAR NO LIABILITY FOR ANY LOSSES OR HARM SUFFERED BY ANY PARTY AS A RESULT OF THE USE OF A REPRESENTATIVE; AND YOU AND YOUR REPRESENTATIVE SHALL DEFEND AND INDEMNIFY NFM FROM AND AGAINST ANY CLAIMS OR DISPUTES ARISING FROM OR IN ANY WAY CONCERNING THE ACTS, OMISSIONS, RIGHTS, OR RESPONSIBILITIES OF THE REPRESENTATIVE.
Termination of Use of Representative. Any party that authorizes a Representative to act on their behalf may terminate said authorization by email sent to National Family Mortgage, LLC at support@nationalfamilymortgage.com and stating in the Subject line “NOTICE OF TERMINATION OF USE OF REPRESENTATIVE.”
8. USER INTERACTION AND CONTENT
You and Borrower or Lender are responsible for providing all equipment necessary to make such connection to the World Wide Web, including a computer and Internet access. NFM is not responsible for delays, delivery failures, or other problems or damages resulting therefrom.
Online-Only and Paperless Services
NFM operates as an online-only, paperless service provider. NFM’s standard Products and Services, including communications, access authentication, document review and approval, electronic acknowledgments, and electronic document transmission, are provided electronically. NFM’s standard Products and Services do not include printing, assembling, mailing, couriering, or otherwise physically delivering Loan Documents to any Borrower, Lender, Trustee, Representative, settlement agent, attorney, title company, escrow company, or other recipient.
Loan Documents and other records made available electronically may be downloaded and printed by You, a Borrower or Lender, an authorized Representative, or the settlement agent or attorney handling the closing, as permitted by these Terms. Any physical copies required for review, execution, notarization, closing, recording, or retention are the responsibility of those persons. NFM does not undertake to print or physically deliver Loan Documents for use at a closing.
The foregoing does not prevent NFM, as an administrative courtesy and without assuming any duty to do so, from returning or forwarding physical documents or other materials mistakenly delivered to NFM.
Use of NFM’s Products and Services requires completion of the applicable electronic communication, authentication, document-review, approval, acknowledgment, and electronic-transmission workflows. Any request for an alternative method outside NFM’s standard electronic workflow may require additional processing time and may require the scheduled closing to be postponed or rescheduled. NFM does not guarantee that a specific alternative method requested by a User can be provided or completed by any scheduled closing date.
A User who requires a reasonable modification or auxiliary aid because of a disability should notify NFM as early as reasonably possible. NFM will consider such requests individually and may provide an effective alternative method instead of the specific method requested. NFM is not required to provide a requested method that would fundamentally alter the nature of NFM’s Products or Services or impose an undue burden, but will consider another effective method where required by applicable law.
Electronic Communications, Records, and Signatures
NFM conducts its standard Products and Services electronically. By using the WEBSITE, Products, or Services, You and each Borrower and Lender consent to conduct business with NFM electronically and to receive, access, review, approve, sign, and retain electronic records and communications in connection with the applicable inquiry, purchase, submission, or transaction. This consent includes Terms of Service acknowledgments, authentication requests, signature requests, Loan Documents, Administrative Templates, notices, and related transaction communications. Nothing in this Section waives any right that cannot lawfully be waived.
NFM may use third-party providers, including Adobe Acrobat Sign, to support electronic signatures, electronic records, access authentication, document routing, electronic transmission, and acknowledgments of receipt in connection with Your use of the WEBSITE, Products, Services, Forms, and Templates. You and each Borrower and Lender consent to receiving and using such electronic communications and workflows, including by email, text message, passcode, or similar authentication method made available by the applicable provider. You and each Borrower and Lender understand that communications sent through such systems may identify the applicable Borrowers, Lenders, Designated Preparer/Drafter, authorized Representatives, or other participants associated with the transaction or electronic workflow. Any such identification, routing, transmission, or acknowledgment is administrative and ministerial only. NFM acts only as a provider of platform-related support services and not as an agent, representative, fiduciary, or party to the loan, settlement, closing, escrow, servicing arrangement, or any legal engagement.
You and Borrower or Lender further acknowledge that, in connection with sequential or multi-party electronic workflows authorized by You, Borrower or Lender, or an authorized Representative, one authorized signer or recipient may be able to view information previously entered by another authorized signer or recipient to the extent configured as part of that workflow. You and Borrower or Lender assume responsibility for authorizing the participants, contact information, and disclosure flow used in any such workflow.
User Interactions
You and Borrower or Lender are solely responsible for Your interactions with other Users of the Products or Services. We reserve the right, but have no obligation, to monitor disputes and interactions between You and other Users. NFM shall have no liability for Your interactions with other Users, or for any User’s action or inaction.
User Content; Ownership and Use
Some areas of the Products or Services may allow Users to post and store content such as profile or transaction information, Loan Documents, comments, questions, images, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Products or Services “User Content”). You retain ownership of Your User Content. You grant permission for NFM to use Your User Content in connection with providing Products or Services to You.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to You, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that You do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that You know is not correct and current. You agree that any User Content that You post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity and privacy. You acknowledge and agree that any User Content that You post may be displayed and disclosed to other Users as permitted through the functionality of the Products or Services. NFM reserves the right, but is not obligated, to restrict access to, remove, re-categorize, pre-screen, or reject any User Content that NFM believes, in its sole discretion, violates these provisions. NFM does not undertake to edit or modify the substantive content of any Loan Document or other transaction record. You understand that publishing Your User Content on the Products or Services is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.
You acknowledge and agree that NFM may preserve User Content and disclose it if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to accomplish any of the following:
(1) to comply with legal process, applicable laws or government requests; (2) to enforce these Terms of Service; (3) to respond to claims that any content violates the rights of third parties; or (4) to protect the rights, property, or personal safety of NFM, its Users and the public. You understand that the technical processing and transmission of the Products or Services, including Your Loan Documents, User Content and other content, may involve transmissions over third party networks and changes to conform and adapt to technical requirements of connecting networks or devices. You agree that NFM has no responsibility or liability for deleting or failing to store any User Content or other content maintained or uploaded in the Products or Services.
For the purposes of these Terms of Service, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with Your User Content, You affirm, represent and warrant the following:
• Your User Content and NFM’s use thereof as contemplated by these Terms of Service and the Products or Services will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
• NFM may exercise the rights to Your User Content granted under these Terms of Service without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
• To the best of Your knowledge, all Your User Content and other information that You provide to us is truthful and accurate.
NFM takes no responsibility and assumes no liability for User Content submitted, posted, stored, or transmitted by any User or third party. Each User is solely responsible for that User’s User Content and the consequences of submitting, storing, sharing, or transmitting it. NFM provides user-directed storage, calculation, routing, and transmission functionality and does not independently create, verify, endorse, or approve User Content. To the fullest extent permitted by law, NFM is not liable for any loss or damage arising from inaccurate, unlawful, unauthorized, or otherwise objectionable User Content.
Prohibited Content and Enforcement
When accessing the WEBSITE, any Software Applications, or using NFM’s Products or Services, You agree not to upload, download, display, perform, transmit or otherwise distribute any content that is unlawful or for a purpose that is inconsistent with an intrafamily loan secured by real estate, including (without limitation) any content that:
(a) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services.
NFM reserves the right to remove or delete such material from its servers and to suspend or cancel User access at any time.
9. RIGHTS
Except for Your User Content, NFM retains all rights to the Products or Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Intellectual Property Rights related thereto (the “NFM Content”), which are the exclusive property of NFM and its licensors. Except as explicitly provided herein, nothing in these Terms of Service shall be deemed to create a license in or under any such Intellectual Property Rights, and You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Products or Services. Use of the NFM Content or materials on the Products or Services for any purpose not expressly permitted by these Terms of Service is strictly prohibited.
You may choose to (or we may invite) comments or ideas about the Products or Services, including without limitation about how to improve the Products or Services (“Ideas”). In submitting any Ideas, You agree that Your disclosure is gratuitous, unsolicited, without restriction, and places NFM under any fiduciary, bailee, copyright, or other obligation, and that NFM shall have the full and unfettered right to use the Ideas without any compensation or quid pro quo to You; and/or to disclose the Ideas on a non-confidential basis or otherwise to anyone.
10. LIMITED GRANT
Subject to these Terms of Service, NFM grants You, the Borrowers, and the Lenders permission to download, view, copy, print, complete, execute, deliver, record, retain, and share the applicable Loan Documents solely in connection with the intrafamily loan transaction for which they were created, including related legal, tax, financial, settlement, recording, servicing, enforcement, payoff, satisfaction, release, and record-retention purposes.
Loan Documents may be provided for those purposes to the other Borrowers and Lenders, authorized Representatives, attorneys, settlement agents, title companies, escrow companies, loan servicers, governmental authorities, and other persons reasonably involved in the applicable transaction.
You may not reproduce, distribute, sell, license, publish, or use NFM’s Forms, Templates, Loan Documents, or other NFM Content for an unrelated transaction, commercial document-preparation service, resale, public distribution, or any other purpose not expressly permitted by these Terms. Loan Documents may be modified for the applicable transaction by the Borrowers or Lenders, or by their authorized attorney or settlement professional.
Termination of access to NFM’s Products or Services ends any right to create new documents or make further unauthorized use of NFM’s Forms, Templates, software, or other NFM Content. Nothing in these Terms requires the destruction of any executed, notarized, delivered, recorded, serviced, enforced, satisfied, released, or otherwise completed Loan Document, or any copy reasonably retained for legal, tax, financial, settlement, servicing, enforcement, or recordkeeping purposes.
Any unauthorized use of NFM’s Forms, Templates, Loan Documents, or other NFM Content may violate copyright, trademark, privacy, publicity, communications, or other applicable laws.
11. PROHIBITED ACTIVITIES
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, reproducing, or disclosing any part of the Products or Services in any medium, except for Loan Documents, Administrative Templates, and other materials whose use or sharing is expressly permitted under Section 6.3, Section 10, another provision of these Terms, or written authorization from NFM; (ii) using any automated system to access the Products or Services in a manner that sends more request messages to the NFM servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that NFM grants the operators of public search engines revocable permission to use spiders to copy materials from publicly accessible web pages at nationalfamilymortgage.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Products or Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Products or Services; (vii) collecting or harvesting any personally identifiable information, including account names, from the Products or Services; (viii) using the Products or Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting Your affiliation with a person or entity, conducting fraud, hiding or attempting to hide Your identity; (x) interfering with the proper working of the Products or Services; (xi) accessing any content on the Products or Services through any technology or means other than those provided or authorized by the Products or Services; or (xii) bypassing the measures we may use to prevent or restrict access to the Products or Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Products or Services or the content therein.
12. CHANGE OF PRODUCTS OR SERVICES
NFM reserves the right to change or stop providing Products or Services at any time. NFM may, without prior notice, change the Products or Services, stop providing the Products or Services or features of the Products or Services, or create further usage limits for the Products or Services. NFM may permanently or temporarily terminate or suspend Your access to the Products or Services without notice and liability for any reason, including if in our determination You have violated these Terms of Service, or for no reason. Upon termination for any reason or no reason, You continue to be bound by these Terms of Service. To the fullest extent permitted by applicable law, any data, account history, and account content residing on the servers running the Products or Services may be deleted, altered, moved, or transferred at any time and for any reason in NFM’s sole discretion, with or without notice. NFM does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on the servers running the WEBSITE, Products, or Services.
13. PAYMENT
You, Lender, or Borrower agree to pay NFM in accordance with the terms of sale, pricing, payment, billing, and refund policies applicable to the Products or Services You elect to purchase or use. Certain aspects of the Products or Services may be provided for a fee or other charge, as determined by NFM in its sole discretion.
NFM may use third-party checkout, e-commerce, and payment service providers, including WooCommerce and PayPal, to facilitate purchases made through the WEBSITE and to process online payments for NFM’s Products or Services. By submitting payment information and completing a purchase or transaction, You authorize NFM and its applicable third-party checkout and payment providers to process the applicable fees and charges using the payment method You provide, including NFM’s fees, government fees, taxes, and other third-party or Third Party Provider fees relating to the Products or Services.
Payment information submitted in connection with a purchase or transaction may be collected, stored, and processed by NFM’s applicable third-party checkout and payment service providers in accordance with their own terms and privacy practices. NFM may receive transaction confirmations and limited payment-related details necessary for order administration, customer support, accounting, refund processing, fraud prevention, and recordkeeping, but NFM does not necessarily receive or store full payment card numbers.
NFM may add new Products or Services for additional fees and charges, or amend fees and charges for existing Products or Services, at any time in its sole discretion.
NFM expressly disclaims any representations and warranties with respect to any unexpected or unexplained losses and/or damages incurred by the Customer in paying any fees to NFM, any governmental entity, any Third Party Provider, or any other third party in connection with the Products or Services.
You agree to pay all charges, fees, and taxes incurred in connection with using a credit card, debit card, PayPal account, or other payment method used in connection with a purchase or transaction for or relating to the Products or Services.
You may discontinue use of the Products or Services or request closure of Your account at any time by providing written notice to NFM; however, no such discontinuation, cancellation, or account closure shall entitle You to any refund except as expressly provided in the Refund Policy below. In the event that NFM suspends or terminates Your account, or You discontinue use of the Products or Services or terminate Your account with NFM, You agree that You shall receive no refund or exchange of any kind except as expressly provided in the Refund Policy below.
Payment Receipts and Third-Party Reimbursement Requests
The transaction confirmation or receipt generated by NFM’s applicable third-party checkout or payment provider constitutes NFM’s standard proof of purchase and payment. NFM does not undertake to prepare customized receipts, invoices, payment confirmations, reimbursement letters, cost certifications, or employer, relocation-company, insurance-company, or other third-party reimbursement forms.
NFM will not characterize, reclassify, certify, or represent any fee paid to NFM as a mortgage-origination fee, loan-origination charge, brokerage fee, lender fee, legal fee, settlement fee, closing cost, or other category prescribed by a third party. Fees paid to NFM are solely fees for the Products or Services identified by NFM at the time of purchase.
NFM makes no representation or warranty that any fee paid to NFM qualifies for reimbursement under an employer, relocation, insurance, tax, benefit, or other third-party program. Eligibility for reimbursement is determined solely by the applicable third party and is the responsibility of the Customer seeking reimbursement.
Pricing Policy
NFM reserves the right to change the pricing of its Products and Services without notice.
Refund Policy
NFM offers a 90-day refund of the NFM fees paid, provided the refund request is made before the Loan Documents have been executed and before any Mortgage, Deed of Trust, Security Deed, or other security instrument has been recorded or otherwise perfected. Customer-requested refunds are subject to a $75 processing fee.
If You desire a refund, You may call NFM toll-free at (888) 636-1990 during our normal business hours, or email NFM at info@nationalfamilymortgage.com. All refund requests must be made within 90 days of purchase. NFM does not refund or credit and takes no responsibility for any payments you, the Lender, or Borrower made to government entities (such as filing fees or taxes), Representatives or Third Party Representatives, attorneys, financial advisors, settlement agents, or other third parties.
Notwithstanding the foregoing, NFM may also cancel a purchase or submission and refund any NFM fees paid, less the processing fee described above, when NFM declines, suspends, cancels, or discontinues Products or Services under Section 12 or Section 37. NFM may waive the processing fee in its sole discretion.
• All approved refunds will be credited back to the original payment method or payment source used to make the payment, including a credit card, debit card, or PayPal account, ordinarily within 5 business days after approval.
14. RISK AND CONSENT
You or Borrower or Lender provide NFM personal information and data at Your own risk and consent to have Your personal information and data collected, used, transferred to and processed in the United States. Insofar as You enter or provide personal, confidential, or proprietary information in using the WEBSITE, Products, or Services, You represent and warrant that You have (1) obtained all Borrower, Lender, or Third Party Representative rights, licenses or other permissions to do so; and (2) You grant NFM the right to receive and use the information as described by the WEBSITE or associated guides or materials. To the extent permitted under applicable state and federal law, NFM disclaims any representations and warranties related to the unauthorized use by third parties of Your personal information for improper purposes.
You or Borrower or Lender acknowledge that, at Your direction or the direction of an authorized Representative, use of the WEBSITE, Products, or Services may involve the transmission, temporary custody, storage, viewing, completion, routing, authentication, or delivery through NFM systems and/or Third Party Providers of personal, confidential, financial, tax, banking, and other sensitive information, including Social Security numbers or partial Social Security numbers, bank account information, signatures, contact information, Loan Documents, Setup Forms, and related materials. You represent and warrant that You have obtained all permissions, consents, and authorizations necessary for such information to be provided, viewed, completed, transmitted, and disclosed in connection with the requested workflow. To the fullest extent permitted by law, You assume the risks inherent in the electronic transmission, routing, temporary custody, storage, and disclosure of such information, and NFM disclaims any duty or liability arising from unauthorized access, interception, disclosure, misuse, delay, deletion, corruption, non-delivery, storage, retention, or other acts or omissions of any Third Party Provider or other third party relating to such information.
Electronic Communications
You, each Borrower and Lender, and any Third-Party Representative or settlement professional who chooses to communicate with NFM electronically consent to receive by electronic means these Terms of Service and any records, notices, acknowledgments, or disclosures that NFM provides or is legally required to provide in connection with NFM’s own WEBSITE, Products, or Services.
Nothing in this Section causes NFM to assume responsibility for any loan, credit, real estate, title, settlement, closing, servicing, tax, regulatory, or other disclosure or notice that must be prepared or provided by a Borrower, Lender, settlement agent, attorney, title company, loan servicer, or other third party.
NFM may respond by email to inquiries received through any medium. Promotional communications are governed by the Communication Preferences provisions of NFM’s Privacy Policy and may be discontinued through the unsubscribe mechanism provided in the applicable communication.
Misdirected Physical Documents and Materials
NFM does not provide printing, mailing, courier, document-custody, or physical document-delivery services as part of its standard Products or Services. Settlement agents, attorneys, title companies, escrow companies, Borrowers, Lenders, and other persons should not mail or otherwise physically deliver executed Loan Documents, original instruments, closing packages, checks, funds, or other closing materials to NFM.
If physical documents or other materials are mistakenly delivered to NFM, NFM may, but is not obligated to, return them to the sender or forward them to an intended recipient identified by the sender, a Borrower or Lender, or an authorized Representative. NFM may require the sender or applicable Borrower or Lender to provide and pay for a prepaid shipping label, courier account, or other delivery arrangement.
NFM does not undertake to inspect, review, verify, inventory, preserve, copy, correct, complete, record, or determine the proper recipient of any mistakenly delivered materials. NFM makes no representation or warranty concerning their completeness, condition, authenticity, legal effect, timely delivery, or receipt by the intended recipient.
Receipt of any documents or materials by NFM does not constitute receipt, acceptance, delivery, notice, possession, or custody by or on behalf of any Borrower, Lender, Trustee, settlement agent, attorney, title company, escrow company, loan servicer, governmental authority, or other intended recipient. NFM is not authorized to accept executed Loan Documents, legal notices, service of process, funds, or other materials on behalf of any such person or entity.
NFM is not liable for any delay, loss, damage, misdelivery, non-delivery, missed deadline, closing delay, recording delay, or other consequence arising from documents or materials mistakenly sent to NFM or from NFM’s return or forwarding of those materials.
15. SECURITY
You must ensure security and integrity of Your account at NFM. When You open an account at NFM, or provide information to NFM in connection with a purchase or transaction, You must provide accurate, complete and current information. You will be asked to provide a user name and password. You must keep Your account password secure and confidential, and You may not use a third party’s account at any time. NFM shall not be liable for any losses You incur as a result of someone else’s use of Your account. You may be held liable for any losses incurred by NFM due to someone else’s use of Your account.
16. EQUAL ACCESS AND NON-DISCRIMINATION
NFM is committed to equal access to its website services and does not discriminate in providing access to its services on the basis of any characteristic protected by applicable law. Requests for reasonable modifications or auxiliary aids are addressed as provided in Section 8.
17. COPYRIGHT INFRINGEMENT COMPLAINTS
NFM retains all right, title, and interest in and to its preexisting and underlying Forms, Templates, software, text, content, formatting, document-assembly functionality, and other NFM Content, including all intellectual property rights therein. Users retain any ownership rights they otherwise possess in their original information and User Content submitted to NFM. Except for the limited rights expressly granted under Section 10, no User acquires any ownership interest in NFM’s Forms, Templates, software, document-assembly functionality, formatting, or other NFM Content by submitting information, creating Loan Documents, or using the WEBSITE, Products, or Services.
NFM respects the intellectual property rights of others. A person who believes that material made available through the WEBSITE, Products, or Services infringes that person’s copyright may send a written complaint to:
National Family Mortgage, LLC
Attn: Copyright Complaint
35 Beharrell Street, #1451
Concord, Massachusetts 01742
Email: info@nationalfamilymortgage.com
To permit NFM to identify and evaluate the complaint, the written complaint should include:
• identification of the copyrighted work claimed to have been infringed;
• identification and location of the material claimed to be infringing;
• the complaining party’s name, mailing address, telephone number, and email address;
• an explanation of the basis for the claim;
• a statement that the complaining party has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or applicable law;
• a statement that the information provided is accurate and that the complaining party is the copyright owner or is authorized to act on the copyright owner’s behalf; and
• the physical or electronic signature of the complaining party or its authorized representative.
NFM may investigate a copyright complaint and may remove or disable access to material, request additional information, notify the User who provided the material, preserve relevant records, suspend or terminate User access, or take other action that NFM considers appropriate under the circumstances and applicable law.
NFM may, in appropriate circumstances and in its sole discretion, suspend or terminate the access of Users who repeatedly infringe the intellectual property rights of others.
Nothing in this Section constitutes a representation that NFM qualifies for, has elected to invoke, or is entitled to any statutory limitation of liability or safe harbor. Nothing in this Section creates a contractual duty requiring NFM to investigate, adjudicate, remove, retain, restore, or otherwise act upon any particular complaint except to the extent required by applicable law.
18. THIRD PARTY SERVICES
The WEBSITE, Products, or Services may contain links to third party websites, advertisers, services, special offers, content, or other events or activities that are not owned or controlled by NFM. NFM does not endorse or assume any responsibility for any such third party sites, information, materials, products, contents, services, or other events or activities. If You access a third party website from the WEBSITE, Products, or Services, You do so at Your own risk, and You understand that these Terms of Service and NFM’s Privacy Policy do not apply to Your use of such sites. NFM provides no warranties of any kind concerning any third party websites whether or not accessed by a link from the WEBSITE, Products, or Services.
Without limiting the foregoing, NFM may use or make available Third Party Providers, including WooCommerce, PayPal, Adobe Acrobat Sign, and FCI Lender Services, Inc., in connection with checkout, payment processing, electronic signatures, access authentication, document routing, document delivery, acknowledgments of receipt, optional loan servicing onboarding, and related communications. Any information, documents, forms, authentication codes, signatures, or other materials transmitted through such providers are transmitted at Your direction and risk, or at the direction and risk of Borrower or Lender or an authorized Representative. NFM does not control the independent operations of such providers and, to the fullest extent permitted by law, is not responsible for their acts or omissions outside NFM’s reasonable control. Nothing in these Terms disclaims or limits any information-security or service-provider-oversight obligation that applicable law does not permit NFM to waive.
To the fullest extent permitted by law, You agree to release, defend, indemnify, and hold harmless NFM from and against claims, demands, liabilities, damages, losses, costs, or expenses arising out of or relating to the use of such a provider or information transmitted through that provider, except to the extent resulting from an obligation of NFM that applicable law does not permit NFM to disclaim.
YOU AGREE TO RELEASE, DEFEND, AND INDEMNIFY NFM FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, OR DAMAGES ARISING FROM YOUR USE OF ANY THIRD PARTY WEBSITE, SERVICE, SPECIAL OFFER, CONTENT, OR OTHER EVENTS OR ACTIVITIES THAT ARE NOT OWNED OR CONTROLLED BY NFM.
THIRD PARTY LOAN SERVICING
National Family Mortgage, LLC does not service loans and does not receive, hold, collect, apply, or transfer loan payments between Borrowers and Lenders. NFM may make information available about optional independent third-party loan servicing, including services offered by FCI Lender Services, Inc.
If independently selected and authorized by the applicable Borrowers and Lenders, FCI Lender Services, Inc. or another independent loan servicer may provide payment processing, account statements, tax reporting, payoff administration, default-related services, collection services, and other functions described in the servicer’s then-current agreement. The scope, price, performance, and legal compliance of those services are governed solely by the agreement between the Users and the independent loan servicer.
NFM Customers are under no obligation to use FCI Lender Services, Inc. or any other loan servicer.
NFM does not control and assumes no responsibility for errors, omissions, acts, services, content, websites, pricing, performance, or legal compliance of FCI Lender Services, Inc. or any other independent loan servicer.
Users considering FCI Lender Services, Inc. should review FCI’s then-current website, agreement, terms of use, privacy statement, and pricing directly with FCI.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE NFM FROM ANY CLAIM, DEMAND, DAMAGE, OR LIABILITY ARISING OUT OF OR RELATING TO THE SELECTION OR USE OF FCI LENDER SERVICES, INC. OR ANY OTHER INDEPENDENT LOAN SERVICER.
19. VALIDITY OF LOAN AND LOAN TERMS
You and Borrower or Lender are solely responsible for establishing the terms of the loan and for determining if the loan terms and Loan Documents comply with applicable local, state, or federal laws, including but not limited to laws relating to usury, gift tax, income tax liability, as well as for ensuring the validity, perfection, priority, and enforceability of the loan terms, liens, security interests, and Loan Documents. NFM makes no representation or warranty regarding legal compliance or the validity or enforceability of loan terms or the Loan Documents. The WEBSITE, Products, or Services of NFM do not constitute or imply NFM’s endorsement of, liability for, or participation in the creation of the terms of the loan, or any contract, agreement or other arrangement relating to the loan. NFM does not recommend, refer, or steer Borrowers to a particular Lender, or vice versa, and NFM does not recommend, refer, or steer Borrowers or Lenders to a particular set of residential mortgage loan terms. All Templates and all loan terms are selected by the Customer, and ultimately approved by, and offered to the Borrower or Lender directly by the Borrower or Lender. Any dispute between or among Borrowers and Lenders, or their respective successors in interest or Representatives, regarding sums due or paid, compliance with the Loan Documents, any underlying agreement, or a similar matter is not the responsibility of NFM, and, to the fullest extent permitted by law, You release and hold NFM harmless from any responsibility or related liability arising from such dispute.
20. COMPLIANCE WITH STATE AND FEDERAL LAWS
You and Borrower or Lender, and Your respective successors, assigns, Representatives, and settlement agent, when applicable, are solely responsible for assuring compliance with all requirements of local, state or federal laws that may apply to the loan, including, but not limited to, the preparation and sufficiency of the Loan Documents, any required independent attorney or other compliance review of the Loan Documents; the execution and notarization of the Loan Documents; any formatting, execution, acknowledgment, notarization, recording, or other requirement imposed by a governmental authority or recording office in connection with recording or perfecting a Loan Document; the filing of any of the Loan Documents; and the preparation and delivery of any disclosures, notices or other documents that may be legally required; and all debt collection and servicing of the loan, whether performed directly by a Borrower or Lender or through an independently selected loan servicer.
Any legal or recording question concerning a preparer or drafter statement, document format, execution procedure, recordability, recording requirement, or similar matter must be addressed by the Borrowers and Lenders with the settlement agent or attorney handling the closing. NFM does not undertake to determine or advise whether a different or additional preparer or drafter statement, document format, execution procedure, recording requirement, or similar requirement applies to a particular transaction.
21. BORROWER OR LENDER INSOLVENCY
You and Borrower or Lender understand and acknowledge that insolvency, whether part of or outside formal bankruptcy proceedings, may impact the efficacy and terms of the Loan Documents; and that funds transferred by or to an insolvent party may, in some circumstances, be reached and retrieved from the recipient or recipient’s successor in interest by action of a bankruptcy court or a trustee in bankruptcy, whether such bankruptcy is voluntary or involuntary, and whether or not such funds were: initially transferred in good faith and for value; a “preference” or “priority” as defined under the United States Bankruptcy Code, 11 U.S.C. §101 et seq.; part of a fraudulent transaction or other transaction subject to reversal in bankruptcy proceedings; or whether the transfers of funds were or are otherwise reversible. NFM assumes no responsibility for the continued performance of either party in the use of NFM’s WEBSITE, Products or Services in the event of either party’s insolvency, bankruptcy or other circumstance making performance under the Loan Documents and these Terms of Service impossible or impracticable. In the event that Your transaction is adversely impacted by an insolvency or bankruptcy, (e.g., the setting aside of a mortgage as a preference) You agree that NFM shall bear no responsibility or liability for that occurrence.
22. YOU INDEMNIFY US
You and Borrower or Lender agree to defend, indemnify, and hold harmless NFM and its employees, agents, assigns, licensors, members, managers, directors, officers, successors, and affiliates from and against any and all claims, demands, damages, obligations, losses, liabilities, costs, debts, and expenses, including, without limitation, NFM’s attorneys’ fees, arising from or in any way concerning Your use of and access to the WEBSITE, Products, or Services, including, without limitation: (i) Your violation of any term of these Terms of Service, including Your breach of any representation or warranty; (ii) Your violation of any third-party right, including any right of privacy, publicity right, or Intellectual Property Right; (iii) Your violation of any law, rule, or regulation of the United States or any other country; (iv) Your User Content or any data or information submitted through Your account; or (v) any other party’s access to or use of the Products or Services with Your permission, including through the use of Your user name, password, or other security code.
In addition to the foregoing, Your and Borrower’s and Lender’s indemnification obligations shall expressly include, without limitation, any and all claims, demands, actions, causes of action, proceedings, investigations, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
(vi) any dispute, disagreement, claim, or controversy between or among any Lender, Borrower, co-Borrower, co-Lender, guarantor, heir, beneficiary, executor, administrator, trustee, successor, assignee, or any other person or entity claiming an interest in or relating to any loan, promissory note, mortgage, deed of trust, security instrument, or other document prepared, generated, or supported through the Website, Products, or Services;
(vii) the formation, validity, enforceability, interpretation, performance, repayment, modification, servicing, collection, restructuring, refinancing, satisfaction, release, or alleged default of any loan or related transaction documented using the Website, Products, or Services;
(viii) any alleged failure to properly create, perfect, record, index, maintain, service, administer, satisfy, reconvey, or release any lien, mortgage, deed of trust, or other security interest;
(ix) any claim asserted by a subsequent purchaser, transferee, creditor, lienholder, title insurer, homeowners’ association, governmental authority, or other third party relating to the existence, priority, enforceability, or release of any lien or security interest;
(x) any act or omission of any real estate agent, broker, financial advisor, tax advisor, accountant, attorney, settlement agent, escrow agent, title company, title insurer, homeowners’ insurance provider, loan servicer, document recorder, governmental recording authority, or any other third party involved in or relating to any transaction documented through the Website, Products, or Services;
(xi) any tax consequences, estate planning consequences, gift tax implications, imputed interest issues, reporting obligations, or regulatory consequences arising from or relating to any loan or transaction documented through the Website, Products, or Services;
(xii) any alleged error, omission, inaccuracy, or incompleteness in information, data, terms, instructions, or materials provided by You, a Lender, Borrower, or any third party; and
(xiii) any claim that NFM structured, originated, arranged, brokered, underwrote, serviced, administered, advised upon, or otherwise participated in the creation or operation of any loan or credit decision, it being expressly acknowledged that Users document their own loans and that NFM provides support services only.
23. NO WARRANTY
THE PRODUCTS OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE WEBSITE, PRODUCTS, OR SERVICES IS AT YOUR OWN RISK. EXCEPT AS PROVIDED HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCTS OR SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
NO ADVICE OR INFORMATION OBTAINED BY YOU FROM NFM OR THROUGH THE PRODUCTS OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, NFM DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE PRODUCTS OR SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE, PRODUCTS, OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE, PRODUCTS, OR SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE WEBSITE, PRODUCTS, OR SERVICES.
NFM DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE NFM WEBSITE, PRODUCTS, OR SERVICES, OR ANY HYPERLINKED WEBSITE OR SERVICE; AND NFM WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.
24. LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LIABILITY OF NFM, WHETHER LEGAL OR EQUITABLE, IS LIMITED TO YOUR DIRECT DAMAGES ACTUALLY INCURRED BY YOU AS A RESULT OF, ARISING FROM, OR IN ANY WAY CONCERNING, YOUR DEALINGS WITH NFM OR USE OF THE WEBSITE, PRODUCTS, OR SERVICES; AND SUCH DIRECT AND ACTUAL DAMAGES SHALL BE LIMITED TO, AND IN NO EVENT OR CIRCUMSTANCE SHALL EXCEED, A TOTAL AMOUNT, INCLUSIVE OF ATTORNEY’S FEES AND PREJUDGMENT INTEREST, OF THE ACTUAL AMOUNT PAID BY YOU TO NFM PLUS TEN THOUSAND DOLLARS ($10,000.00). THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY ARISES IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, FOR UNFAIR OR DECEPTIVE BUSINESS PRACTICES, OR ANY OTHER BASIS OF LAW OR EQUITY. THE FOREGOING LIMIT IS THE AGGREGATE MAXIMUM LIABILITY OF ALL NFM PARTIES TO ALL CLAIMANTS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SAME PURCHASE, SUBMISSION, LOAN, OR TRANSACTION, AND SHALL NOT BE MULTIPLIED BY THE NUMBER OF CLAIMANTS, CLAIMS, LEGAL THEORIES, DOCUMENTS, OR OCCURRENCES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER NFM, NOR ANY OF ITS AGENTS, ASSIGNS, EMPLOYEES, MANAGERS, MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, OR AFFILIATES, NOR ANYONE CLAIMING BY OR THROUGH THEM, SHALL BE LIABLE, IN WHOLE OR PART, FOR ANY PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LEGAL OR EQUITABLE, INCLUDING, WITHOUT LIMITATION DAMAGES FROM OR CONCERNING LOSS OF PROFITS, OPPORTUNITIES, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM OR IN ANY WAY CONCERNING THE USE OF, OR INABILITY TO USE, THE WEBSITE, PRODUCTS, OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NFM SHALL NOT BE LIABLE OR IN ANY WAY RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY, OF ANY KIND OR NATURE, LEGAL OR EQUITABLE, RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE WEBSITE, PRODUCTS, OR SERVICES, OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN; AND NFM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY ERRORS, MISTAKES, OMISSIONS OR INACCURACIES OF CONTENT; (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR PRODUCTS OR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, PRODUCTS, OR SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, PRODUCTS, OR SERVICES BY ANY THIRD PARTY; (VI) ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE, PRODUCTS, OR SERVICES; AND/OR (VII) ANY USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NFM DISCLAIMS LIABILITY FOR UNAUTHORIZED DISCLOSURE OF INFORMATION THAT MAY BE DEEMED CONFIDENTIAL BY YOU OR A THIRD PARTY, EXCEPT TO THE EXTENT THAT SUCH LIABILITY CANNOT LAWFULLY BE DISCLAIMED OR LIMITED.
YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY FORM AN ESSENTIAL BASIS OF THIS TERMS OF SERVICE. PLEASE DO NOT USE THE WEBSITE, PRODUCTS, OR SERVICES IF YOU DO NOT AGREE WITH THE FOREGOING LIMITATION OF LIABILITY, OR MORE GENERALLY, THESE TERMS OF SERVICE.
25. GEOGRAPHY
NFM’s WEBSITE, Products and Services are directed to Users located within the United States. The Services are controlled and operated from the United States. NFM makes no representations that the WEBSITE, Products, or Services are appropriate or available for use in any foreign nation. Those who access or use the WEBSITE, Products, or Services from other nations do so at their own volition and are entirely responsible for compliance with all applicable laws and regulations in their country and locality, including, but not limited to, export and import regulations.
26. ASSIGNMENT
These Terms of Service, and any rights, privileges, licenses, or liabilities, granted hereunder, may not be transferred or assigned by You or Borrower or Lender, but may be transferred or assigned by NFM without restriction.
27. CONTROLLING LAW; COURT JURISDICTION AND VENUE
These Terms of Service, the WEBSITE, Products, Services, and any Dispute, as defined in Section 28, shall be governed by and construed in accordance with the substantive laws of the Commonwealth of Massachusetts, without regard to its choice-of-law or conflict-of-law principles, except that the agreement to arbitrate contained in Section 28 shall be governed by and enforced under the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.
To the extent that state law applies to the agreement to arbitrate and is not preempted by federal law, the substantive laws of the Commonwealth of Massachusetts shall apply. If the law of another jurisdiction cannot lawfully be waived, that law shall apply only to the minimum extent required.
Subject to Section 28, any action or proceeding that is permitted to be brought in court under these Terms of Service shall be brought exclusively in the United States District Court for the District of Massachusetts if federal subject-matter jurisdiction exists, or otherwise in the state courts of the Commonwealth of Massachusetts sitting in Middlesex County.
You, each Borrower, each Lender, and NFM consent to the personal jurisdiction of those courts and waive, to the fullest extent permitted by law, any objection based upon lack of personal jurisdiction, improper venue, or inconvenient forum.
An individual small claims action permitted under Section 28 may be brought, at the claimant’s election, in a small claims court having proper subject-matter jurisdiction and venue in the county or judicial district where the claimant resides or in the Massachusetts small claims court having proper venue over NFM’s usual place of business, unless applicable law requires another jurisdiction or venue.
28. REQUIRED INFORMAL DISPUTE RESOLUTION; BINDING INDIVIDUAL ARBITRATION; SMALL CLAIMS; JURY TRIAL AND CLASS ACTION WAIVERS
IMPORTANT NOTICE
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
YOU, EACH BORROWER, EACH LENDER, AND NFM AGREE THAT, EXCEPT FOR AN INDIVIDUAL CLAIM THAT QUALIFIES FOR SMALL CLAIMS COURT AND THE LIMITED COURT PROCEEDINGS EXPRESSLY PERMITTED BELOW, ALL DISPUTES THAT CANNOT BE RESOLVED THROUGH THE INFORMAL DISPUTE-RESOLUTION PROCESS MUST BE RESOLVED THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION.
YOU, EACH BORROWER, EACH LENDER, AND NFM WAIVE THE RIGHT TO HAVE A JUDGE OR JURY DECIDE SUCH DISPUTES AND WAIVE THE RIGHT TO BRING, JOIN, OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING.
A. DISPUTES AND PARTIES COVERED
For purposes of this Section, a “Dispute” means any dispute, claim, demand, complaint, or controversy between an NFM Party and a User Party arising out of or relating in any way to:
- these Terms of Service or any prior version of these Terms of Service;
- the WEBSITE, Products, Services, Software Applications, Administrative Templates, Forms, Setup Forms, Templates, Loan Documents, or any information, instruction, document, or Communication provided by or through NFM;
- any purchase, submission, transaction, relationship, interaction, Communication, representation, omission, or dealing involving NFM;
- the preparation, sufficiency, delivery, execution, notarization, filing, recording, indexing, perfection, priority, validity, enforceability, servicing, administration, modification, satisfaction, reconveyance, or release of any Loan Document, Promissory Note, mortgage, deed of trust, security deed, lien, or other security interest;
- any actual or alleged failure to prepare, execute, file, record, index, perfect, maintain, service, administer, satisfy, reconvey, or release any Loan Document, lien, mortgage, deed of trust, security deed, or other security interest;
- any act or omission of any settlement agent, closing attorney, title company, title insurer, escrow agent, real estate agent, broker, financial advisor, tax advisor, accountant, loan servicer, document recorder, governmental recording authority, or other third party involved in or relating to a transaction supported by NFM, to the extent that a claim concerning that act or omission is asserted against an NFM Party;
- any bankruptcy, insolvency, divorce, separation, death, incapacity, default, foreclosure, collection, estate administration, trust administration, refinancing, sale, transfer, or other event affecting a transaction, loan, Loan Document, Borrower, or Lender supported through NFM;
- any alleged breach of contract, negligence, gross negligence, fraud, misrepresentation, omission, unfair or deceptive act or practice, violation of statute or regulation, or other legal or equitable theory; or
- any claim that arose before acceptance of these Terms of Service or that arises after the relationship between the parties has ended.
“NFM Party” means NFM and each of its current and former members, managers, officers, employees, agents, contractors, licensors, affiliates, predecessors, successors, assigns, and other persons or entities acting on behalf of NFM.
“User Party” means You, each Borrower and Lender who accepted these Terms of Service, and any other person or entity to the extent that such person or entity is legally bound by these Terms of Service, seeks to enforce rights arising under them, or asserts a claim through, on behalf of, or derivative of a person who accepted them.
A dispute solely between or among Borrowers, Lenders, settlement professionals, loan servicers, or other third parties, in which no claim is asserted against an NFM Party, is not a Dispute governed by this Section.
B. MANDATORY INFORMAL DISPUTE-RESOLUTION PROCESS
Before commencing arbitration or an individual small claims action, the party asserting a Dispute must send the other party a signed written Notice of Dispute.
A Notice of Dispute sent to NFM must be delivered:
- by email to info@nationalfamilymortgage.com; or
- by certified mail, return receipt requested, to:
National Family Mortgage, LLC
Attn: Notice of Dispute
35 Beharrell Street, #1451
Concord, Massachusetts 01742
A Notice of Dispute sent by NFM may be delivered to the most recent email address or mailing address provided to NFM by the person receiving the Notice.
The Notice of Dispute must:
- be personally signed by each claimant or by the claimant’s authorized attorney or Representative;
- identify every person or entity asserting a claim;
- provide each claimant’s mailing address, email address, and telephone number;
- identify any attorney or other authorized Representative acting for the claimant and provide that person’s contact information;
- authorize NFM to communicate with the identified attorney or Representative concerning the Dispute;
- identify the relevant NFM purchase, submission, transaction, Borrowers, Lenders, property address, and approximate closing date, where applicable;
- describe in reasonable detail the facts and circumstances giving rise to the Dispute;
- identify the nature and legal or contractual basis of each claim;
- state the relief requested; and
- provide a reasonable, itemized calculation of any monetary amount claimed.
The recipient may request additional nonprivileged information reasonably necessary to understand and evaluate the Dispute. The parties shall reasonably cooperate in exchanging information relevant to possible resolution.
For thirty days following receipt of a substantially complete Notice of Dispute, the parties shall make reasonable, good-faith efforts to resolve the Dispute informally.
Any applicable statute of limitations or contractual limitations period shall be tolled during that thirty-day period.
Completion of this informal dispute-resolution process is a condition precedent to commencing arbitration or an individual small claims action. A proceeding commenced before completion of this process may, to the fullest extent permitted by applicable law and the applicable arbitration or court rules, be stayed, dismissed without prejudice, or administratively closed until the process has been completed.
Immaterial mistakes or omissions in a Notice of Dispute shall not invalidate the Notice if it otherwise provides sufficient information to permit the recipient to identify, understand, and evaluate the Dispute.
This subsection does not prevent a party from requesting temporary or preliminary relief under subsection E when such relief is reasonably necessary before completion of the informal process to preserve the status quo or prevent immediate and irreparable harm.
C. INDIVIDUAL SMALL CLAIMS COURT OPTION
After completion of the informal dispute-resolution process, either party may elect to have an individual claim decided in small claims court if the claim qualifies for that court’s subject-matter jurisdiction and proceeds solely on an individual basis.
The small claims action may be brought in one of the locations permitted under Section 27.
If a small claims action is transferred, removed, appealed, or otherwise proceeds outside the small claims process, either party may require that the Dispute be resolved through arbitration under this Section, to the extent permitted by applicable law.
No claim may proceed in small claims court on a class, collective, consolidated, representative, or private attorney general basis.
D. GOVERNMENTAL AND REGULATORY COMPLAINTS
Nothing in this Section prevents You, a Borrower, or a Lender from reporting a matter to or filing a complaint with an appropriate federal, state, or local governmental or regulatory agency.
An agency’s authority to investigate or pursue an enforcement action is not governed by this arbitration agreement.
Any individual claim for relief asserted by a User Party against an NFM Party remains subject to this Section to the fullest extent permitted by applicable law.
E. LIMITED COURT PROCEEDINGS
Notwithstanding the agreement to arbitrate, either party may ask a court of competent jurisdiction to:
- compel or stay arbitration;
- determine the formation, existence, validity, enforceability, or scope of this arbitration agreement, including whether a particular person or Dispute is subject to arbitration;
- appoint an arbitrator under 9 U.S.C. § 5, or select a substitute arbitration administrator to the extent authorized by applicable law;
- issue temporary or preliminary injunctive relief reasonably necessary to preserve the status quo or prevent immediate and irreparable harm pending completion of the informal dispute-resolution process or arbitration; or
- confirm, enforce, modify, correct, or vacate an arbitration award as permitted by applicable law.
Either party may also seek temporary, preliminary, or permanent injunctive relief in court concerning actual or threatened infringement, misappropriation, unauthorized access, or unauthorized use of that party’s copyrights, trademarks, service marks, patents, trade secrets, confidential information, proprietary information, computer systems, access credentials, WEBSITE, software, Forms, Templates, Loan Documents, or other intellectual property or proprietary rights.
Bringing one of these limited court proceedings does not waive the right to require arbitration of any other matter.
Any court proceeding permitted by this subsection is subject to the jurisdiction and venue requirements of Section 27.
F. FEDERAL ARBITRATION ACT
This arbitration agreement evidences and involves transactions in interstate commerce and shall be governed by, interpreted under, and enforced pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.
Except where federal law governs or preempts state law, Massachusetts substantive law shall govern the underlying Dispute.
G. AAA CONSUMER ARBITRATION
Any arbitration shall be administered by the American Arbitration Association (“AAA”) before one neutral arbitrator under the AAA’s then-current Consumer Arbitration Rules and Mediation Procedures and shall be conducted in a manner consistent with the AAA Consumer Due Process Protocol.
If the AAA determines that another AAA ruleset must apply to a particular Dispute, the arbitration shall proceed under the AAA rules that the AAA determines are applicable.
The applicable AAA rules and fee schedule are incorporated into this Section by reference.
The substantive provisions of these Terms of Service shall govern the Dispute. If a procedural provision of this Section conflicts with an applicable AAA rule, fee schedule, or due-process requirement, the AAA rule, fee schedule, or due-process requirement shall control only to the extent necessary for the AAA to administer the arbitration or to comply with applicable law.
If the AAA is unavailable, unwilling, or unable to administer a Dispute, the parties shall attempt in good faith to agree upon another nationally recognized arbitration administrator that provides materially equivalent consumer due-process protections.
If the parties cannot agree upon another administrator, either party may ask a court identified in Section 27 to appoint an arbitrator under 9 U.S.C. § 5. The arbitrator appointed by the court shall conduct the arbitration under the AAA Consumer Arbitration Rules to the extent practicable, unless the court directs otherwise or the parties agree in writing to materially equivalent consumer procedures.
H. AUTHORITY OF THE ARBITRATOR
Except for matters expressly reserved for a court under subsection E, the arbitrator shall decide:
- the merits of the Dispute;
- all procedural issues arising in the arbitration;
- whether the mandatory informal dispute-resolution process has been substantially completed;
- whether a party has waived a procedural objection through its conduct; and
- any other issue delegated to the arbitrator under the applicable AAA Rules.
The arbitrator may stay or administratively suspend the arbitration until the informal dispute-resolution process has been completed.
The arbitrator shall apply these Terms of Service in the same manner that a court would and shall enforce all applicable disclaimers, releases, allocations of responsibility, indemnification obligations, limitations of liability, exclusions of damages, and other contractual provisions to the fullest extent permitted by law.
The arbitrator shall specifically apply and enforce Sections 19, 20, 21, 22, 23, and 24 to the fullest extent permitted by law.
I. ARBITRATION PROCEDURES
The arbitration shall be conducted virtually by video conference unless the parties agree to another format or the arbitrator directs otherwise under the applicable AAA Rules.
The arbitrator may also permit all or part of the proceeding to be conducted by telephone or written submissions.
If an in-person hearing is held, its location shall be reasonably convenient to the parties after considering their residences, ability to travel, the circumstances and amount of the Dispute, and the applicable AAA Rules.
The arbitrator may permit a reasonable exchange of nonprivileged information proportionate to the needs, complexity, and amount of the Dispute. Discovery shall be limited to what the arbitrator determines is reasonably necessary to permit each party to fairly present its claims and defenses without unnecessary cost or delay.
The arbitrator shall issue a reasoned written decision stating the essential findings and conclusions upon which the award is based.
J. INDIVIDUAL RELIEF; APPLICATION OF LIMITATIONS OF LIABILITY
The arbitrator may award any form of individual relief that a court of competent jurisdiction could lawfully award, including damages and declaratory or injunctive relief, subject to:
- the limitations, disclaimers, exclusions, releases, indemnification obligations, and allocations of responsibility contained in these Terms of Service;
- Section 24’s limitation of liability and exclusion of damages;
- the requirement that any relief be limited to that reasonably necessary to resolve the individual claimant’s particular Dispute; and
- applicable law.
The arbitrator’s award shall apply only to the parties and the individual Dispute before the arbitrator. It shall have no precedential or binding effect in any arbitration or proceeding involving another person or Dispute.
Judgment upon the arbitration award may be entered in a court identified in Section 27. A judgment entered by such a court may thereafter be recognized or enforced in any other jurisdiction as permitted by applicable law.
K. ARBITRATION FEES, COSTS, AND ATTORNEYS’ FEES
AAA filing fees, case-management fees, hearing fees, administrative fees, arbitrator compensation, and related arbitration expenses shall be allocated in accordance with the applicable AAA Rules and fee schedule.
NFM shall pay all amounts that the applicable AAA Rules or fee schedule require the business to pay.
NFM shall not seek reimbursement from a User Party for amounts that NFM is required to pay as the business, except where reimbursement is expressly permitted by applicable law or the applicable AAA Rules because a claim or counterclaim was filed for purposes of harassment, in bad faith, for an improper purpose, or was patently frivolous.
Each party shall otherwise bear its own attorneys’ fees and costs, except to the extent that an award of attorneys’ fees or costs is expressly authorized by these Terms of Service, the applicable AAA Rules, or applicable law.
No party shall be entitled to attorneys’ fees or costs merely because that party prevailed, unless such an award is expressly authorized by these Terms of Service, the applicable AAA Rules, or applicable law.
Nothing in this subsection limits or supersedes any defense, indemnification, or attorneys’ fee obligation arising under Section 22 or any other applicable provision of these Terms of Service.
L. WAIVER OF JURY TRIAL
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, EACH BORROWER, EACH LENDER, AND NFM KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A TRIAL BY JURY FOR EVERY DISPUTE GOVERNED BY THIS SECTION, INCLUDING ANY DISPUTE THAT IS PERMITTED OR REQUIRED TO PROCEED IN COURT.
M. INDIVIDUAL PROCEEDINGS; CLASS AND REPRESENTATIVE ACTION WAIVER
ALL DISPUTES MUST BE ASSERTED AND RESOLVED SOLELY ON AN INDIVIDUAL BASIS.
Neither a User Party nor an NFM Party may bring, join, participate in, or seek relief through any class, collective, consolidated, multidistrict, representative, or private attorney general arbitration or court proceeding, except as expressly provided below for a request for public injunctive relief that applicable law does not permit to be waived.
The arbitrator may not:
- combine or consolidate the claims of more than one person without the written agreement of NFM and every affected claimant;
- preside over any class, collective, consolidated, multidistrict, representative, or private attorney general proceeding;
- award relief for or against anyone who is not an individual party to the arbitration; or
- award relief intended primarily to affect persons who are not parties to the individual arbitration.
Under no circumstances shall a class, collective, consolidated, multidistrict, representative, or private attorney general arbitration proceed.
Administrative coordination by the AAA of multiple individual arbitration demands under any applicable AAA supplementary rules shall not authorize class, collective, consolidated, or representative adjudication, and each claimant’s Dispute must remain individually asserted and individually resolved.
Nothing in this subsection waives any right to seek public injunctive relief that applicable law does not permit to be waived. If a final judicial determination holds that a particular request for public injunctive relief cannot be waived or resolved in individual arbitration, only that request shall proceed in a court permitted under Section 27 or otherwise required by nonwaivable law.
All remaining arbitrable claims shall remain subject to individual arbitration and, unless a court determines otherwise, the court proceeding shall be stayed until the individual arbitration is completed.
To the fullest extent permitted by law, the jury-trial waiver and class-action waiver shall remain effective in any court proceeding even if the requirement to arbitrate is determined not to apply or not to be enforceable.
N. SEVERABILITY AND SURVIVAL
Except as expressly provided in subsection M, if any portion of this Section is determined to be invalid or unenforceable, that portion shall be severed or modified to the minimum extent necessary, and the remainder of this Section shall remain in full force and effect.
This Section shall survive:
- completion, cancellation, expiration, or termination of any Product, Service, purchase, submission, or transaction;
- termination of any relationship between the parties;
- withdrawal from or cessation of use of the WEBSITE, Products, or Services;
- satisfaction, repayment, refinancing, sale, release, or termination of any loan or Loan Document;
- bankruptcy, insolvency, divorce, separation, death, or incapacity of a Borrower or Lender; and
- termination, amendment, or replacement of these Terms of Service.
O. FUTURE CHANGES TO THIS SECTION
NFM may revise this Section prospectively. A revised version of this Section shall govern a person only if and when that person affirmatively accepts the revised version through an NFM electronic acceptance workflow in connection with a new purchase, submission, transaction, or other use for which NFM requires renewed acceptance.
A revised version shall not apply to any Dispute for which NFM received a Notice of Dispute before the person accepted the revised version. Unless the parties expressly agree otherwise in writing after a Dispute has arisen, a Dispute relating to a particular purchase or submission shall be governed by the version of this Section accepted in connection with that purchase or submission.
Nothing in this subsection prevents the parties from mutually agreeing in writing, after a Dispute has arisen, to modify the procedures applicable solely to that Dispute.
29. CONFORMITY OF LAW
SOME JURISDICTIONS MAY HAVE CONSUMER PROTECTION LAWS OR REGULATIONS THAT APPLY TO, IMPACT, OR CONFLICT WITH, IN WHOLE OR PART, THE LIMITATIONS OF LIABILITY AND DISPUTE RESOLUTION PROVISIONS INCLUDING WITHIN THESE TERMS OF SERVICE. IN SUCH CIRCUMSTANCE, AND TO THE MINIMUM EXTENT NECESSARY TO COMPLY WITH THE LAW OF THOSE JURISDICTIONS, THESE TERMS OF SERVICE SHALL BE DEEMED MODIFIED AS NECESSARY TO RESPOND TO AND COMPLY WITH SAID CONSUMER PROTECTION LAWS OR REGULATIONS, TO THE EXTENT REQUIRED UNDER APPLICABLE CHOICE-OF-LAW RULES.
YOU ARE ADVISED AND URGED TO SEEK INDEPENDENT LEGAL COUNSEL WITHIN YOUR JURISDICTION TO KNOW YOUR CONSUMER RIGHTS.
30. QUESTIONS OR COMPLAINTS
If You have a question or complaint, whether or not specifically described herein, regarding, without limitation, the WEBSITE, Products or Services, Templates, Forms, Loan Documents, Software Applications, or recordkeeping, please send an email to info@nationalfamilymortgage.com.
National Family Mortgage, LLC has its principal place of business at 300 Baker Avenue, Suite 300, Concord, Massachusetts 01742. Our mailing address is 35 Beharrell Street #1451, Concord, Massachusetts 01742.
You may also send Your complaint to the appropriate public agency or office in Your state or jurisdiction. California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail through the Department’s Consumer Information Center at 1625 North Market Boulevard, Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210.
National Family Mortgage, LLC is not a registered or bonded legal document assistant under California Business and Professions Code sections 6400 et seq.
31. NOTIFICATION PROCEDURES
NFM may provide notifications by email, written or hard-copy notice, or conspicuous posting on the WEBSITE, except where applicable law or another provision of these Terms requires a particular method of notice, delivery, or affirmative acceptance. The form and method of any legally required notice will comply with applicable law and the applicable provision of these Terms. For other business or marketing notices, NFM may determine the form and method in its reasonable discretion. NFM is not responsible for any automatic filtering You or Your network provider may apply to email notifications we send to the email address You provide us. We recommend that You add info@nationalfamilymortgage.com to Your email address book to help ensure you receive email notifications from us.
Our mailing address is 35 Beharrell Street, #1451, Concord, Massachusetts 01742.
32. NON-ENGLISH-SPEAKING CONSUMERS
All materials on the NFM WEBSITE, including but not limited to questionnaires, documents, instructions, and administrative materials, are only available in English. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.
33. COPYRIGHTS
All WEBSITE design, text, graphics, the selection and arrangement thereof, Copyright ©, National Family Mortgage, LLC. ALL RIGHTS RESERVED.
34. TRADEMARKS
National Family Mortgage ®, the geometric silhouette of individuals exchanging money under the silhouette of a home roof logo, Win-Win Mortgage ®, Gift Mortgage ®, Caregiver Mortgage ®, Always invest in family ®, are registered trademarks and/or trade dress of National Family Mortgage, LLC. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
National Family Mortgage, LLC does not claim trademark rights in “NFM,” but uses those initials solely as an abbreviation for the company name.
35. PATENTS
The ornamental design for the Caregiver Mortgage ® Manager display screen with graphical User interface is a registered Design Patent of National Family Mortgage, LLC.
36. TELEPHONE COMMUNICATIONS
By providing a telephone number to NFM in connection with an inquiry, account, purchase, submission, or transaction, You authorize NFM to contact You at that number by live telephone call or voicemail regarding that inquiry, account, purchase, submission, transaction, document workflow, or related customer support.
NFM will not rely on this authorization to place marketing or promotional calls, automated calls, prerecorded or artificial-voice calls, or marketing text messages except as separately authorized and permitted by applicable law. NFM will honor requests not to receive further telephone calls as required by applicable law. You acknowledge that limiting telephone communications may delay or prevent completion of a time-sensitive Product or Service if no reasonably effective alternative communication method is available.
Calls to or from NFM may be monitored or recorded for training, quality assurance, security, documentation, and compliance purposes. NFM will provide any notice and obtain any consent required by applicable law before monitoring or recording a call.
37. RIGHT TO REFUSE
NFM reserves the right, in its sole discretion, to decline, suspend, cancel, or discontinue any purchase, submission, transaction, Product, or Service if required information is missing, inaccurate, incomplete, outdated, inconsistent, misleading, fictitious, or cannot reasonably be corroborated, or if NFM determines that the transaction does not comply with NFM Standards, the applicable Family Mortgage Guide, eligibility requirements, settlement-agent requirements, or required administrative and electronic workflows.
For every transaction supported by NFM, You and each Borrower and Lender must provide accurate and current identifying and contact information for the actual attorney, law firm, title company, escrow company, or other settlement professional handling the closing. Placeholder responses, including “not applicable,” and contact information for a person or entity that is not actually handling the closing do not satisfy this requirement.
NFM may, but is not required to, compare submitted information with publicly available sources, contact the person or entity identified, or request clarification, correction, supporting information, or direct confirmation. Failure to timely provide information reasonably requested by NFM may result in the submission or Service being declined, suspended, canceled, or discontinued.
Because NFM’s Products and Services are provided within time-sensitive transaction schedules, You and each Borrower and Lender must respond promptly to NFM communications and requests for information, corrections, confirmations, approvals, or other action required to continue processing a submission. NFM may decline, suspend, cancel, or discontinue a purchase, submission, Product, or Service if a delay or failure to respond leaves, in NFM’s determination, insufficient time to complete NFM’s standard administrative and electronic workflows before the scheduled closing date. NFM does not guarantee completion by a scheduled closing date when a User, Borrower, Lender, Representative, settlement agent, or other transaction participant delays or fails to provide requested information, confirmation, approval, or action.
Any review or communication undertaken by NFM is limited to administrative eligibility and workflow purposes. It does not constitute an investigation, verification, endorsement, approval, or representation concerning the identity, licensure, authority, qualifications, competence, security, suitability, legitimacy, or legal compliance of any settlement professional or other transaction participant.
NFM is not liable for any closing delay, missed deadline, increased cost, loss, or other consequence resulting from inaccurate, incomplete, outdated, inconsistent, misleading, fictitious, or uncorroborated information, or from NFM’s decision to decline, suspend, cancel, or discontinue a purchase, submission, transaction, Product, or Service.
By using the WEBSITE, Products, or Services, or accessing the Software Applications, You acknowledge that You have read these Terms of Service and agree to be bound by them.
38. SEVERABILITY
If any portion of this Agreement is deemed invalid, the remaining provisions are valid. This Agreement, together with any amendments and any additional agreements You may enter into with NFM in connection with the Service, shall constitute the entire Agreement between You and NFM concerning use of the WEBSITE, Products, or Services by You and Borrower or Lender. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and NFM’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
National Family Mortgage, LLC – Privacy Policy
Last Updated: August 04, 2026
1. INFORMATION WE COLLECT
2. USE OF COOKIES AND BEACONS
3. HOW WE USE THE INFORMATION WE COLLECT
4. PROTECTION OF YOUR PERSONAL INFORMATION
5. SHARING AND DISCLOSURE TO THIRD PARTIES
6. THIRD PARTY SERVICES
7. REVIEWING OR CORRECTING PERSONAL INFORMATION
8. DATA RETENTION
9. COMMUNICATION PREFERENCES
10. TERMS AND CONDITIONS
11. CONTACTING US
In using the WEBSITE, Products, Services, Forms, or Templates of NFM, You may provide NFM with information that You consider private, confidential, or proprietary, including information that can be used to identify or contact You or another person, or that concerns the financial condition, arrangements, assets, transactions, or relationships of You or another person (“Personal Information”). This Privacy Policy describes how NFM collects, uses, shares, protects, retains, and otherwise processes Personal Information in connection with the WEBSITE, Products, Services, Forms, and Templates.
Changes to our Privacy Policy
If we materially change this Privacy Policy, we will post the revised policy on this page, update the “Last Updated” date, and provide any additional notice required by applicable law.
1. INFORMATION WE COLLECT
In using the WEBSITE, checkout, Products, Services, Forms, Templates, and electronic signature workflows of NFM, You, Borrower or Lender, or an authorized Representative may provide Personal Information to NFM, including without limitation names, email addresses, telephone numbers, billing addresses, mailing addresses, transaction details, document contents, signatures, settlement agent or other recipient contact information, and other information relating to a purchase, account, loan-related communication, or transaction. If You make a purchase through the WEBSITE, payment-related information may be collected and processed by NFM’s third-party checkout, e-commerce, and payment service providers, including WooCommerce and PayPal. NFM may receive transaction confirmations and limited payment-related details necessary for order administration, customer support, accounting, refund processing, fraud prevention, and recordkeeping, but NFM does not necessarily receive or store full payment card numbers.
If NFM uses Adobe Acrobat Sign or another third-party e-signature or document-routing provider in connection with the Products or Services, information processed may include document contents, signature blocks, timestamps, audit trails, authentication results, phone numbers or email addresses used for authentication, and related communications. In connection with optional third-party loan servicing onboarding or similar workflows, Personal Information may also include bank account information, tax identification information, Social Security numbers, or partial Social Security numbers that You or other authorized participants elect to provide. Some workflows may be configured so that one authorized signer can view information previously entered by another authorized signer where that visibility is part of the authorized sequential workflow.
When accessing the WEBSITE, NFM’s systems and servers may also automatically collect and record information generated or transported by Your browser or device. Personal Information may also be received from You or Borrower or Lender through email, customer support, authentication workflows, or other communications relating to the Products or Services.
2. USE OF COOKIES AND BEACONS
Cookies are small text files stored by a browser or device. Web beacons, pixels, and similar technologies may recognize or record certain interactions with a website, email, or other electronic content. The WEBSITE, Products, Services, Forms, and Templates may use cookies and similar technologies to maintain sessions, remember preferences, understand User traffic and behavior, improve functionality and performance, and provide better experiences and tools. NFM may use Third-Party Providers to assist with these functions. You may configure Your browser or device to reject or limit certain cookies, although doing so may prevent You from accessing or using certain features of the WEBSITE, Products, or Services.
The WEBSITE may also use cookies or similar technologies necessary to support shopping cart and checkout functionality, user session management, fraud prevention, security, and site performance. Where WooCommerce or similar e-commerce functionality is used, such technologies may help recognize cart contents, maintain session information, and support completion of transactions.
3. HOW WE USE THE INFORMATION WE COLLECT
NFM may use Personal Information and automatically collected information, including information collected through cookies and similar technologies, for the following purposes:
(i) to provide the Products, Services, Forms, or Templates requested by Users;
(ii) to process purchases, submissions, transactions, electronic signatures, authentication, and document-routing workflows;
(iii) to improve the WEBSITE, Products, Services, Forms, Templates, features, content, usability, navigation, and performance;
(iv) to personalize the User’s experience;
(v) to provide software updates, product announcements, operational communications, newsletters, marketing, promotional materials, and other information that NFM believes may be useful or relevant;
(vi) to monitor, analyze, secure, and administer use of the WEBSITE, Products, and Services;
(vii) to generate aggregated or de-identified information concerning use of the WEBSITE, Products, Services, sales, traffic, and transactions; and
(viii) to determine whether a proposed purchase, submission, or transaction satisfies NFM’s eligibility and administrative-processing criteria.
NFM may use or share aggregated or de-identified information only where that information cannot reasonably be linked to an identified or identifiable individual, subject to applicable law.
We may also use Personal Information to provide Customer support; resolve technical issues; provide technical support or Customer support; assist with entering, editing, or updating information; respond to requests for assistance; analyze reported problems; and repair and improve the WEBSITE and Products or Services offered by NFM.
4. PROTECTION OF YOUR PERSONAL INFORMATION
NFM maintains reasonable administrative, technical, and physical safeguards designed to protect Personal Information against unauthorized access, acquisition, use, alteration, disclosure, or destruction. Information transmitted through the WEBSITE is protected using encryption in transit where supported. Access to account-based features, where applicable, may require authentication credentials or other verification.
NFM uses third-party hosting, infrastructure, security, payment, electronic-signature, and document-routing providers, including Amazon Web Services. Security responsibilities may be shared between NFM and those providers.
No internet transmission, electronic storage system, or security measure can be guaranteed to be completely secure. You are responsible for protecting Your account credentials and authentication information and should promptly notify NFM if You suspect unauthorized access to Your information or account.
5. SHARING AND DISCLOSURE TO THIRD PARTIES
NFM does not sell Personal Information to third parties and does not share Personal Information for cross-context behavioral advertising.
NFM does share Personal Information with trusted Third Party Providers that assist in operating the WEBSITE and supporting NFM’s Products and Services, including providers that support hosting, checkout, e-commerce functionality, payment processing, fraud prevention, electronic signatures, document routing, authentication, order administration, customer support, analytics, and related business operations.
NFM may transmit, route, or share Personal Information, Loan Documents, Setup Forms, and related materials with settlement agents, title companies, closing attorneys, escrow companies, loan servicers, Representatives, and other recipients designated or authorized by You, Borrower or Lender, or an authorized Representative, in connection with a User’s transaction.
Additionally, NFM may elect to sell, transfer, or otherwise share some or all of its assets, which could include Personal Information, in connection with a corporate transaction such as a merger, acquisition, reorganization or sale of assets. If Your Personal Information is so transferred and becomes subject to a substantially different privacy policy, notice will be provided to You.
NFM may release Personal Information when it reasonably believes such release is appropriate to comply with the law, enforce our WEBSITE policies, or protect the rights or safety of NFM or others.
NFM may use or disclose aggregated or de-identified information that cannot reasonably be linked to an identified or identifiable individual, subject to applicable law.
You may request additional information about NFM’s categories of information-sharing practices by contacting privacy@nationalfamilymortgage.com. Requests to review or correct Personal Information are addressed under Section 7 below.
6. THIRD PARTY SERVICES
NFM may use, link to, include, or offer third-party products or services on or through its WEBSITE. In connection with purchases and transactions made through the WEBSITE or through NFM’s Products or Services, NFM may use third-party providers including WooCommerce, PayPal, Adobe Acrobat Sign, and FCI Lender Services, Inc. to facilitate checkout, payment processing, fraud prevention, electronic signatures, document routing, delivery, receipt acknowledgments, optional third-party loan servicing onboarding, and related customer service or administrative functions. If You choose to use such services, or if they are used as part of a transaction or workflow You have authorized, NFM may transmit, route, or share Personal Information, transaction information, document contents, signatures, authentication-related information, and other information necessary to complete or support the requested transaction or service.
If documents or forms are sent through Adobe Acrobat Sign or a similar provider, those materials and related audit records may temporarily reside in the applicable provider account used by NFM. In the case of optional third-party loan servicing onboarding forms, NFM’s practice is to delete completed sensitive documents from its Adobe Acrobat Sign account after NFM has confirmation that the authorized third-party loan servicer has successfully downloaded them, subject to applicable law, technical limitations, backup processes, provider logging, and system retention practices.
Your use of such third-party services is not governed solely by this Privacy Policy. We do not control the services of those third parties or how they independently use, retain, disclose, secure, or process Your Personal Information. You are advised and urged to review the terms, conditions, and privacy policies of those third parties before using their services.
NFM uses Google Analytics to collect information about how Users interact with the WEBSITE. NFM uses this information to evaluate website traffic, performance, and usability and to improve the WEBSITE, Products, and Services. Google Analytics may use cookies or similar technologies and processes information in accordance with Google’s privacy practices.
Users may limit Google Analytics through available browser controls or Google’s Analytics Opt-out Browser Add-on:
https://tools.google.com/dlpage/gaoptout
Information about Google’s privacy practices is available at:
https://policies.google.com/privacy
7. REVIEWING OR CORRECTING PERSONAL INFORMATION
You may request review or correction of certain Personal Information by contacting privacy@nationalfamilymortgage.com. NFM may take reasonable steps to verify Your identity and authority before providing access or making a correction. NFM may retain information where reasonably necessary to complete transactions, maintain business and legal records, prevent fraud, resolve disputes, enforce agreements, or comply with applicable law.
8. DATA RETENTION
NFM retains Personal Information for as long as reasonably necessary to provide the Products or Services, administer and document transactions, maintain appropriate business and legal records, provide customer support, prevent fraud, resolve disputes, enforce agreements, and comply with applicable legal obligations. Retention periods may vary depending upon the type of information and the purpose for which it was collected.
When Personal Information is no longer reasonably necessary, NFM may delete, de-identify, or securely dispose of it, subject to applicable law, legal holds, backup processes, provider retention practices, system logs, and technical limitations.
9. COMMUNICATION PREFERENCES
NFM sends operational communications relating to transactions and Services that You conduct or participate in through the WEBSITE, Products, or Services. These communications may include transaction emails, document-delivery notices, electronic-signature requests, reminders, authentication codes, acknowledgments of receipt, account alerts, customer-support communications, and other important notices.
You cannot opt out of operational or legally required communications while participating in the applicable transaction or Service.
You may opt out of promotional or marketing emails by using the unsubscribe link provided in the applicable email or by sending a request to privacy@nationalfamilymortgage.com. Opting out of promotional communications will not prevent NFM from sending operational, transactional, customer-service, security, or legally required communications.
10. TERMS AND CONDITIONS
This Privacy Policy is incorporated into and forms part of NFM’s Terms of Service and the Agreement. Capitalized terms not defined in this Privacy Policy have the meanings provided in the Terms of Service.
11. CONTACTING US
Any questions concerning our privacy policy should be directed to privacy@nationalfamilymortgage.com.