National Family Mortgage, LLC – Terms of Service & Privacy Policy

1. DEFINTIONS
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 SERVICES
13. PAYMENT
14. SUBSCRIPTIONS, RENEWAL, AND BILLING
15. RISK AND CONSENT
16. SECURITY
17. DMCA NOTICE
18. THIRD PARTY SERVICES
19. VALIDITY OF 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 AND VENUE
28. DISPUTE RESOLUTION BY BINDING ARBITRATION
29. CONFORMITY OF LAW
30. QUESTIONS OR COMPLAINTS
31. NOTIFICATION PROCEDURES
32. NON-ENGLISH-SPEAKING CONSUMERS
33. COPYRIGHTS
34. TRADEMARKS
35. PATENTS
36. INQUIRIES
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:

“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 NMF, 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.

“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, and which 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 and. or niece.

“Lender”, “Payee” and “Creditor” mean the person(s) who loans money to a Borrower, and to whom the Borrower is indebted or obligated.

“Loan Documents” mean any type of instrument or other documents created by or in any way involving the use of the WEBSITE, Forms, Templates, or Products or Services of NFM, for the purpose of facilitating an intrafamily loan transaction by creating or perfecting a security interest in real or personal property, including (without limitation) Promissory Notes, Mortgages, Deeds of Trust, Security Deeds, Collateral Assignments of Leases and Rents, and UCC-1 Financing Statements.

“National Family Mortgage”, “NFM”, “Our”, “Us” and “We” mean National Family Mortgage, LLC, a Massachusetts limited liability company having its principal offices at 91 Main Street, Suite 308, Concord, Massachusetts, 01742, and any subsidiary or successor companies, subsidiaries, affiliates, 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 of NFM created by or in any involving the use of the WEBSITE or NFM, whether or not specifically described herein, including (without limitation) Software Applications, Loan Documents, recordkeeping, Forms, 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” means https://www.NationalFamlyMortgage.com and any other website or content provided or identified therein or linked thereto.

“Software Application” means software programs used or made available by or through the WEBSITE, including (without limitation) , Loan Documents, Forms, Templates, and recordkeeping or document storage.

“Third-Party Providers” means any partners and affiliates who perform services for NFM or whose websites are linked by, with, or through the WEBSITE.

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 COUNTER PARTY, AT LEAST ONE OF WHOM IS/ARE IMMEDIATE FAMILY MEMBER(S), 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.

THESE TERMS OF SERVICE SHALL BE BINDING UPON YOU AND YOUR SUCCESSORS, HEIRS, REPRESENTATIVES, ASSIGNS, THIRD-PARTY BENEFICIARIES, AND ALL CLAIMING BY AND THROUGH YOU OR THEM.

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.

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 AGREE THAT ANY DISPUTE IN ANY WAY CONCERNING OR ARISING FROM, DIRECTLY OR INDIRECTLY, YOUR USE, OR THE USE OF THE BORROWER OR LENDER, OF THE WEBSITE OR ANY OF THE CONTENT, PRODUCTS OR SERVICES, OR FORMS OR TEMPLATES OF NFM, SHALL BE ALTERNATIVELY RESOLVED BY MEANS OF BINDING ARBITRATION IN MASSACHUSETTS UNDER MASSACHUSETTS SUBSTANTIVE LAW WITHOUT REGARD FOR CHOICE-OF-LAW RULES, AS FURTHER DESCRIBED HEREIN INCLUDING IN SECTION 28. YOU HEREBY WAIVE AND RELINQUISH ANY AND ALL RIGHTS TO A TRIAL BY COURT OR JURY CONCERNING ANY SUCH DISPUTE OR ANY ASPECT THEREOF. YOUR AGREEMENT TO ALTERNATIVE DISPUTE RESOLUTION BY BINDING ARBITRATION SHALL BE READ AND CONSTRUED, TO THE BROADEST EXTENT LEGALLY ALLOWED, IN FAVOR OF BINDING ARBITRATION AND AGAINST TRIAL BY JUDGE OR TRIAL.

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 are not Attorneys for You or anyone else, and it does not provide Legal Services; NFM are not Agents for You or anyone else, and it does not hold themselves out as agents; NFM are not Financial Advisors, and it does not provide financial advice to You or anyone else; NFM are not Tax Advisors, and it 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. ANY AND ALL COMMUNICATIONS BETWEEN YOU AND NFM ARE ADDRESSED BY OUR PRIVACY POLICY AND NOT BY ANY ATTORNEY CLIENT OR OTHER KNOWN PRIVILEGE OR PROTECTION APART FROM THE PRIVACY POLICY.

3.5. 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.

3.6. 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 MORTGAGE LOAN BORROWERS AND MORTGAGE LOAN LENDERS AND IS NOT AN INTERMEDIARY OR FACILITATOR BETWEEN MORTGAGE LOAN BORROWERS AND MORTGAGE LOAN LENDERS. NFM DOES NOT OTHERWISE ARRANGE, FIND, OBTAIN, PLACE, PROCURE, SOLICIT OR OFFER TO OTHERWISE ARRANGE, FIND, OBTAIN, PLACE, PROCURE OR SOLICIT, OR OTHERWISE ASSIST IN THE ARRANGEMENT, FINDING, OBTAINING, PLACEMENT, PROCUREMENT, OR SOLICITATION OF MORTGAGE LOANS OR MORTGAGE LOAN COMMITMENTS FOR ANYONE.

3.7. 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.

3.8. 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 BORROW (OR ANY OTHER CUSTOMERS), AND SHALL NOT INVOLVE NFM:

A. THE PREPARATION OF LOAN PACKAGES, INCLUDING THE RECEIPT, COLLECTION, DISTRIBUTION, AND ANALYSIS OF INFORMATION COMMON FOR THE PROCESSING OR UNDERWRITING OF A RESIDENTIAL MORTGAGE LOAN; AND

B. COMMUNICATING WITH A CONSUMER TO OBTAIN THE INFORMATION NECESSARY FOR THE PROCESSING OR UNDERWRITING OF A LOAN NECESSARY FOR LENDERS MAKING A CREDIT DECISION.

TYPICAL INFORMATION NECESSARY FOR THE PREPARATION OF A LOAN PACKAGE FOR THE PROCESSING AND UNDERWRITING OF A LOAN, AND TO WHICH NFM IS NOT INVOLVED WITH, 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)

3.9. NFM DID NOT UNDERWRITE ANY LOANS AND DID NOT COLLECT, RECEIVE, DISTRIBUTE, OR ANALYZE ANY INFORMATION IN CONNECTION WITH THE MAKING OF ANY SUCH LENDER’S CREDIT DECISION TO EXTEND A LOAN.

3.10. ANY NFM PRODUCTS OR SERVICES THAT MAY BE CONSTRUED TO BE CLERICAL OR SUPPORT DUTIES IN NATURE AND THAT ARE PERFORMED BY NFM AS A SERVICE, ARE PERFORMED UNDER THE EXPRESS DIRECTION OF, AND SUBJECT TO THE SUPERVISION AND INSTRUCTION OF YOU OR THE BORROWER OR LENDER WHO PAID FOR NFM’S PRODUCTS OR SERVICES.

3.11. ALL LOAN AND CREDIT DECISIONS 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 GOVERNMENT PERFECTION OF THE MORTGAGE, DEED OF TRUST, OR SECURITY DEED, AND GENERATE AND PERFECT ANY GOVERNMENT REQUIRED LIEN RELEASE UPON SATISFACTION OF THE LOAN.

3.12. 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 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. ANY LIABILITY TO ANY PERSON OR ENTITY FOR LOSS OR DAMAGE IN CONNECTION WITH THIS SERVICE, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER ARISING FROM NEGLIGENCE, ACCIDENT, OR OTHER CAUSE.

3.13. NFM PROVIDES NO SERVICES (INCLUDING SERVICES) OR ASSISTANCE WITH OR CONCERNING 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. CLOSINGS OR CLOSING DOCUMENTS

E. SETTLEMENT STATEMENTS

F. HOMEOWNER’S OR OTHER INSURANCE

G. BANK ACCOUNT WIRE TRANSFER OR OTHER PAYMENT INSTRUCTIONS.

NFM SHOULD NOT BE PROVIDED WITH OR IDENTIFIED ON ANY OF THE FOREGOING OR OTHER TRANSACTIONAL DOCUMENTS. NFM DISCLAIMS ANY DUTY OR LIABILITY CONCERNING THE CREATION, REVIEW, SUFFICIENCY, OR INSUFFICIENCY OF THE TRANSACTIONAL DOCUMENTS, OR OF THE LEGALITY OR APPROPRIATENESS OF THE REAL ESTATE TRANSACTION, IN WHOLE OR PART. 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.

4. ADDITIONAL TERMS AND POLICIES

Your use of the WEBSITE or any Products or Services may also be subject to additional terms or policies, including our Privacy Policy as included below and Standards as appropriate for Your transaction:

A. To help someone purchase a home
https://www.nationalfamilymortgage.com/standards/purchase-a-homestandards/

B. To help someone buy a relative’s home
https://www.nationalfamilymortgage.com/standards/purchase-homestandards/

C. To help someone reverse mortgage
https://www.nationalfamilymortgage.com/standards/reverse-mortgagestandards/

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, available on the WEBSITE, as appropriate for Your transaction.

We may offer Products or Services that are subject to additional terms and policies specific to those Products or Services. By using any such Products or Services, You acknowledge that You have read and agree to be bound by any such additional terms and policies, as incorporated by reference, in addition to these Terms of Service.

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 of the WEBSITE, Products or Services for Your particular transaction.

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

All Templates are derived from standardized, uniform, state specific templates jointly approved and maintained by Fannie Mae ® (Federal National Mortgage Association) and Freddie Mac ® (Federal Home Loan Mortgage Corporation), and as also used in the majority of all U.S. residential real estate transactions.

We do not influence Your selection of these available Templates.

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

Fannie Mae ® is a U.S. government-sponsored enterprise, publicly traded since 1968, and is a leading source of mortgage financing in all markets and at all times. Freddie Mac ® was chartered by Congress in 1970 to support the U.S. housing finance system and to help ensure a reliable and affordable supply of mortgage funds across the country. Freddie Mac ® is also a government-sponsored, publicly traded company.

NFM is not affiliated in any way with either Fannie Mae ® or Freddie Mac ® nor are we licensed nor approved by, nor representing either Fannie Mae ® or Freddie Mac ®

6.1. 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 details of the Borrower’s settlement or other aspects of the loan process, 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 arrangements. With Your authorization, NFM may assist You with resolving limited Loan Servicing account requests with FCI Lender Services, Inc.

6.2. Legal Property Description or Basic Property Report and Priority of Liens

NFM may obtain a placeholder legal property description and/or Basic Property Report from a Third Party Provider, for the purpose of assisting You with creating the Loan Documents. If or when the Loan Documents are used in Your loan closing, You or Your settlement agent or Third Party Representative shall ensure that a final and legally correct Legal Description, an exact match with the Deed and/or Title Insurance Policies issued in connection with the loan transaction, is attached to the Mortgage, Deed of Trust, or Security Deed. You and Borrower or Lender and the settlement agent or Third Party Representative is responsible for recording the Mortgage, Deed of Trust, Security Deed, with the proper government authority. Title Insurance also remains Your responsibility, in consultation with the settlement agent or Third Party Representative.

THE PLACEHOLDER LEGAL PROPERTY DESCRIPTION AND/OR BASIC PROPERTY REPORT IS NOT INTENDED TO, AND DOES NOT, PROVIDE INFORMATION REGARDING THE LEGAL STATUS OF ANY SPECIFIC PARCEL OF REAL PROPERTY; THEY DO NOT PROVIDE ANY PROTECTION FROM POTENTIAL LEGAL CLAIMS RELATING TO THE TITLE OF THE REAL ESTATE; AND NFM DOES NOT GUARANTEE OR WARRANT THEIR ACCURACY OR COMPLETENESS OR THE PRIORITY OR POSITION OF ANY LIEN ON REAL PROPERTY, AT ANY TIME, UNDER ANY CIRCUMSTANCE. SUCH PROTECTION IS YOUR RESPONSIBILITY IN CONNECTION WITH SECURING A FULL TITLE SEARCH AND/OR PURCHASING TITLE INSURANCE, WHICH NFM RECOMMENDS.

6.3. Automated Valuation

For the Caregiver Mortgage ®, NFM may obtain an electronic automated valuation of the subject property from an outside provider. This home valuation is an estimated market value, computed using a proprietary formula, and it is not an appraisal but rather a starting point in estimating a home’s value.

NFM DOES NOT GUARANTEE OR WARRANT THE ACCURACY OF THE AUTOMATED VALUATION.

We encourage You and Borrower or Lender to supplement the Automated Valuation by arranging for other research, such as (without limitation):

• Securing a comparative market analysis (CMA) from a real estate agent
• Securing an appraisal from a professional appraiser
• Visiting and Inspecting the Borrower’s home (whenever possible)

6.4. The Caregiver Mortgage ® Manager and WEBSITE Calculators

NFM grants You access to use our Caregiver Mortgage ® Manager or Calculators without charge in accordance with these Terms of Service. NFM reserves the right, in our sole discretion, at any time and for any reason, to (i) amend or withdraw this grant, or (ii) charge for the Caregiver Mortgage ® Manager Calculator or service provided to You in accordance with these Terms of Service.

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.

Any personal or confidential information entered into the Caregiver Mortgage ® Manager or Calculators will not be shared with any third party or used by NFM in any other manner, beyond those otherwise described in these Terms of Service.

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 ® Manger 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 ® or Calculators or other operating systems; (v) or use the Caregiver Mortgage ® Manger 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 person, real or legal, 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. The term “Representative” or “Third Party Representative” as used herein, shall supplement, substitute or be deemed synonymous for the terms “Borrower” and/or “Lender” as may be applicable and as used in the Terms of Service.

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

Duties and Responsibilities of Representatives/Third Party Representatives. You agree that Your Representative agrees to and will be bound to these Terms and Conditions as You are bound. The Representative stands in “Your shoes” for specified purposes that may include (without limitation) creating the Loan Documents, reviewing Products or Services of NFM, and engaging in Communications with NFM. In addition to Communications with the Representative, NFM reserves the right to communicate with You and Borrower or Lender.

Communications with Representatives. A Representative authorized by You or Borrower or Lender will be recognized by NFM as having authority to receive Communications and to represent You or Borrower or Lender, if applicable, unless and until NFM is expressly notified of revocation of such authority. Absent express notification to NFM revoking the Representative’s authority, as described below, where applicable and feasible, Representative’s instructions shall govern in the event of conflicting directions or instructions by You or Your counterpart or others; provided, however, that NFM reserves the right to refrain from any action where the instructions are or appear to be contradictory.

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 INDEMNITY 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.

Electronic Signature (E-Sign) and Uniform Electronic Transactions Act (UETA ) Disclosure and Consent Agreement. This disclosure is given in compliance with the Electronic Signatures in Global and National Commerce Act (“E-SIGN”) 15 USC §7001, et seq., and the Uniform Electronic Transactions Act, as adopted by the various States.

This disclosure relates to Products and Services provided by National Family Mortgage, LLC, including but not limited to the use of electronic signatures, and the use and storage of “electronic records” as defined in the E-SIGN Act.

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.

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 edit, remove, re-categorize, pre-screen, reject and/or otherwise modify any User Content that NFM believes, in its sole discretion, violates these provisions. 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 this User Content as well as disclose them 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 this 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 any User Content that You or any other User or third-party posts or sends over the Products or Services. You shall be solely responsible for Your User Content and the consequences of posting or publishing it, and You agree that we are only acting as a passive conduit for Your online distribution and publication of Your User Content. You understand and agree that You may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to Your purpose, and You agree that NFM shall not be liable for any damages You may incur as a result of User Content.

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 is:

(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 orregulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services.

NFM reserves the right to terminate or delete such material from its servers; and to. 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 permission to download, view, copy and print Loan Documents on any single, stand-alone computer and up to five affiliated devices that You own and control, solely for Your personal, informational, and non-commercial use. You agree that You will not download, view, copy, print, replicate, or modify the Loan Documents, in whole or part, other than authorized editing or in the course of creating or modifying Loan Documents accurate or effective for Your use thereof. This permission terminates automatically, without notice, if You breach any of the terms or conditions of these Terms of Service. On any such termination, You agree to immediately destroy any downloaded or printed Loan Documents and to cease using the service. Any unauthorized use of any Loan Documents contained on the WEBSITE or available through Products or Services may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.

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, including without limitation by any automated or non-automated “scraping”; (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. 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 for any reason at 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 agree to pay us in accordance with our terms of sale and such time and place as determined by NFM. Certain aspects of the Products or Services may be provided for a fee or other charge, to be determined by NFM. If You elect to use paid aspects of the Products or Services, You agree to the terms of sale, pricing, payment, billing policies and refund policies applicable to such fees and charges.

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. You authorize NFM to charge Your credit card for all fees and charges incurred in connection with Your use of the Products or Services, including NFM’s fees, government fees, taxes and other third-party, or Third Party Provider, fees.

NFM expressly disclaims any representations and warranties with respect to any unexpected or unexplained losses and/or damages incurred by Customer in paying any fees to NFM, governmental entity, Third Party Provider or any other third-party for Products or Services.

You may cancel Your account at any time by providing written notice to NFM; however, there are no refunds for cancellation. All purchases are final and subject to our refund policy. In the event that NFM suspends or terminates Your account, or You terminate Your account with NFM, You agree that You shall receive no refund or exchange of any kind.

You agree to pay all charges or taxes incurred in connection with using a credit card, debit card, or other payment method used in connection with a purchase or transaction for or relating to the Products or Services.

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 Your purchase valid at any time prior to execution or perfection of the Loan Documents. All refunds are subject to a $75 processing fee. Therefore, the refund will equal the one-time setup fee paid, less the $75 processing fee. In order to receive a refund, all requests must be made and all relevant documents must be returned to NFM within 90 days from point of purchase.

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 any payments made to government entities (such as filing fees or taxes), Representative or Third Party Representatives, attorneys, financial advisors, settlement agents, or other third parties.

• All approved refunds will be credited back to the credit card or PayPal account initially used to make the payment, ordinarily within 5 business days of approving the refund. Alternatively, You may request a refund by means of a check mailed to Your billing address.

14. SUBSCRIPTIONS, RENEWAL, AND BILLING

NFM may offer Products or Services as a one-time purchase and/or Products or Services on a subscription basis. If You elect to use Products or Services that are offered on a subscription basis, Your initial purchase will provide You access to the Products or Services for an “Initial Service Period,” typically equal to one year. Your paid subscription will automatically renew at the end of the Initial Service Period and will automatically renew on an annual basis each year thereafter. Your payment method will be charged upon each renewal of Your paid subscription.

NFM may send a courtesy reminder to Your account’s email address before any automatic renewal. Unless required by applicable law, we are not required to provide such notice. You agree that Your failure to read or receive, or NFM’s failure to send any such notice creates no liability nor any right to rescind an automatic renewal payment.

If You wish to cancel the automatic renewal of Your paid subscription, You must cancel Your plan through Your account or by providing notice to subscription@nationalfamilymortgage.com. Any such cancellation must be made at least 5 days before the next automatic renewal. There are no refunds for any unused portion or time remaining in a subscription.

We may change the renewal price for Your paid subscription at any time upon notice to You. Any changes made will only take effect upon the next automatic renewal following the provision of notice to You regarding the change in price. If you do not wish to renew at the changed price, You must cancel Your plan through Your account or by providing notice to subscription@nationalfamilymortgage.com. Any such cancellation must be made at least one day before the next automatic renewal.

You agree that NFM may store Your payment method and related payment information. You authorize NFM to automatically charge Your payment method for any automatic renewal payments. You may update Your payment method through Your account or by contacting NFM at subscription@nationalfamilymortgage.com. If any attempt to charge Your payment method is not successful or if the automatic renewal payment fails for any reason, NFM may suspend or terminate Your access to the Products or Services without notice.

15. 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.

Electronic Communications

You and Borrower or Lender, and Your Third Party Representatives, and settlement agents that choose to access NFM via the Internet, agree to receive by electronic means this Agreement and any and all disclosures and/or notices required to be given by applicable law or regulation. You and the foregoing others agree to allow NFM to respond to any inquiries by e-mail regardless of the format of the original inquiry. You and the foregoing others agree to receiving additional communications from NFM, such as newsletters, special offers, and account reminders and updates. You and the foregoing others understand that You can remove Yourself from promotional communications by clicking the “Unsubscribe” link in the footer of the actual email.

Shipping

NFM uses a variety of carriers for shipping and, as necessary or appropriate, will choose a delivery method for the address You designate. You agree that NFM may use such carriers as it deems appropriate, and may deliver by air or ground shipping as it deems necessary or appropriate to get Loan Documents or other Materials to You within the appropriate time frame. The shipping fee indicated does not necessarily represent the actual amount paid by NFM to the carrier chosen for the delivery of Your order, nor can NFM guarantee delivery time by any third party carrier delivery times. In addition to the fees paid to the carrier, NFM or third-party and Third Party Provider handling and processing fees.

16. 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.

17. DMCA NOTICE

You will not seek or claim any copyright protection to Your Loan Documents or other information or data You have provided to NFM.

It is NFM’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If You believe that Your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Products or Services, please notify NFM’s copyright agent as set forth in the DMCA. For Your complaint to be valid under the DMCA, You must provide the following information in writing.

• An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
• Identification of the copyrighted work that You claim has been infringed;
• Identification of the material that is claimed to be infringing and where it is located on the Products or Services;
• Information reasonably sufficient to permit NFM to contact You, such as Your address, telephone number, and, e-mail address;
• A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;
• A statement, made under penalty of perjury, that the above information is accurate, and that You are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following:

National Family Mortgage, LLC, 34 Walden Street, #706, Concord, MA 01742.

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEY’S FEES.

Please note that this procedure is exclusively for notifying NFM and its affiliates that Your copyrighted material has been infringed. The preceding requirements are intended to comply with NFM’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding Your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, NFM has adopted a policy of terminating, in appropriate circumstances and at NFM’s sole discretion, members who are deemed to be repeat infringers. NFM may also at its sole discretion limit access to the Products or Services and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

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.

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 or collect payments between You the Borrower or Lender or Your/their representatives. NFM highlights third party servicing for Customers who want to have their loan professionally managed, including with FCI Lender Services, Inc. For a fee, FCI Lender Services, Inc. or other such providers, will act as the intermediary for payments between Borrowers and Lenders, including but not limited to the following: use of EFT to collect and transfer funds between Borrowers’ and Lenders’ accounts; sending payment reminders to Borrowers; processing of paper check payments; preparation of year end reporting showing a breakdown of all payments received and how they were applied; and payment recovery efforts.

National Family Mortgage, LLC Customers are under no obligation have their family mortgage loan serviced by FCI Lender Services, Inc., or by any other such service provider.

NFM assumes no responsibility for errors or omissions in any contents or services, including contents or services that are referenced by or linked to FCI Lender Services, Inc., or any such other service provider.

NFM MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE CONTENT, WEBSITES, OR FOR ANY PRODUCTS OR SERVICES MENTIONED OR OFFERED IN THE CONTENTS OR IN FCI LENDER SERVICES, INC. WEBSITES OR ANY OTHER PROVIDER OF SUCH SERVICES.

NFM YOU RELEASE NFM FROM ANY CLAIM, DEMAND, DAMAGES, OR LIABILITY, OF ANY KIND OR NATURE, ARISING OUT OF OR RELATED TO THE USE OF THE FCI LENDER SERVICES OR ANY OTHER PROVIDER OF SUCH SERVICES.

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, and enforceability of the loan terms 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 Borrower and Lender, or their respective successors in interest or Representatives, regarding sums due and paid, or for the compliance with other terms under the Loan Documents and any underlying agreement and similar matters, is not the responsibility of NFM, and You agree to hold harmless against any such responsibility or related liability.

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 government authority Loan Documents formatting requirements to perfect the Loan Documents; 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.

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, debt, and expenses, including, without limitation, NFM’s attorney’s 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, without limitation, Your breach of any representations and warranties ; (ii) Your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iii) Your violation of any law, rule or regulation of the United States or any other country; (i) Your User Content or any data or information that is submitted via Your account; or (v) any other party’s access and use of the Products or Services with Your permission (e.g., via use of Your unique user name, password or other appropriate security code).

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 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.

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.

NFM EXPLICITLY DISCLAIMS ANY AND ALL LIABILITY OR RESPONSIBILITY FOR ANY DISCLOSURE OF INFORMATION THAT MAY BE DEEMED CONFIDENTIAL BY YOU OR ANY THIRD PARTY.

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 AND VENUE

YOUR AND BORROWER’S OR LENDER’S DEALINGS WITH NFM, THESE TERMS OF SERVICES, AND THE WEBSITE, PRODUCTS, AND SERVICES ARE EXCLUSIVELY GOVERNED AND CONTROLLED BY MASSACHUSETTS SUBSTANTIVE LAW, EXCLUSIVE OF CHOICE-OF-LAW PRINCIPLES: VENUE FOR ANY CLAIMS ARISING FROM OR IN ANY WAY CONCERNING YOUR USE OF THE WEBSITE, PRODUCTS, OR SERVICES, OR OTHERWISE INVOLVING THESE TERMS OF USE, SHALL LIE EXCLUSIVELY IN A MASSACHUSETTS COURT OF COMPETENT JURISDICTION; AND YOU ASSENT TO PERSONAL JURISDICTION IN MASSACHUSETTS IN SUFFOLK OR MIDDLESEX COUNTY, AND TO THE APPLICATION OF MASSACHUSETTS SUBSTANTIVE LAW IN THE EVENT OF A CLAIM ARISING HEREUNDER OR CONCERNING YOUR USE OF THE WEBSITE, PRODUCTS, OR SERVICES.

YOU AND BORROWER OR LENDER ACKNOWLEDGE AND AGREE THAT THE WEBSITE, PRODUCTS, AND SERVICES EXIST IN AND WERE PROVIDED FROM MASSACHUSETTS; AND THAT NFM IS OPERATING EXCLUSIVELY IN MASSACHUSETTS AND IS NOT ASSENTING TO OR ENGAGING IN ANY ACTIVITY THAT WOULD GIVE RISE TO PERSONAL JURISDICTION OVER NFM IN ANY OTHER JURISDICTION APART FROM MASSACHUSETTS.

WITHOUT LIMITING THE FOREGOING, YOU AND BORROWER OR LENDER ADDITIONALLY AGREE TO DISPUTE RESOLUTION AND BINDING ARBITRATION AS FURTHER SET FORTH IMMEDIATELY BELOW IN PARAGRAPH 28.

YOU AND BORROWER OR LENDER HEREBY WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF IN A CLASS ACTION AGAINST NFM FOR ANY CLAIM ARISING FROM OR IN ANY WAY CONCERNING YOUR DEALINGS WITH NFM, THE WEBSITE, THE PRODUCTS, OR THE SERVICES.

28. DISPUTE RESOLUTION BY BINDING ARBITRATION

Any dispute, claim, or controversy, of any kind or nature, arising out of or relating to Your use of the WEBSITE, the Products or Services, or these Terms of Services (collectively, “Disputes”), shall be resolved by binding arbitration before a single arbitrator, as further set forth herein; provided, however, that You and NFM retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction in Suffolk or Middlesex County, Massachusetts, including to compel arbitration.

YOU AND NFM ARE EACH WAIVING, KNOWINGLY AND VOLUNTARILY, YOUR RESPECTIVE RIGHTS TO A TRIAL BY JURY FOR ANY MATTER ARISING FROM OR CONCERNING YOUR DEALINGS WITH EACH OTHER OR YOUR USE OF THE WEBSITE, PRODUCTS, OR SERVICES.

YOU ARE FURTHER WAIVING YOUR RIGHT TO PARTICIPATE IN A TRIAL BY JURY, OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING, ARISING FROM OR IN ANY WAY CONCERNING YOUR DEALINGS WITH NFM OR YOUR AND BORROWER’S OR LENDER’S USE OF THE WEBSITE, PRODUCTS, OR SERVICES.

Unless You and NFM otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims in any arbitration proceeding, and may not otherwise preside over any form of class or representative proceeding.. This “Dispute Resolution” section will survive any termination of these Terms of Service.

References herein to “NFM” and “You” or “Your” include any respective NFM subsidiaries, affiliates, agents, employees, employers, business partners, shareholders, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized Users, Third Party Representatives, Borrowers, Lenders, or beneficiaries of services or products under these Terms or any prior Agreement between us. Beneficiaries include, but are not limited to, those named in any documents You created for Yourself using our software.

The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted as covering any and all claims that may arise between You and NFM, including, without limitation, to claims arising from or in any way concerning:

• Your dealings and relationship with NFM, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable basis or theory;
• advertising, promotion, or linkage to other websites;
• actual or purported class action litigation in which You are not a member of a certified class; and
• claims that may arise prior to entering into, or following termination of, these Terms of Use.

The arbitration shall be administered by the American Arbitration Association (“AAA”) or JAMS in accordance with their respective Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules” or the “JAMS Rules”) then in effect, except as modified by this “Dispute Resolution” section. The Federal Arbitration Act and the Massachusetts Arbitration Act will govern the interpretation and enforcement of this section.

ARBITRATION DEMAND

To initiate arbitration, You or NFM must provide the other with a written Demand for Arbitration as specified in the AAA Rules or the JAMS Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in Massachusetts, and will be mutually selected by NFM and You from the AAA’s or JAMS’ roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within ten (10) business days of delivery of the written Demand for Arbitration, then the AAA or JAMS will appoint the arbitrator in accordance with their respective rules.

ARBITRATION LOCATION AND PROCEDURE

Unless You and NFM otherwise agree, the arbitration will be conducted in Suffolk or Middlesex County, Massachusetts. If the claim does not exceed $25,000, then the arbitration will be conducted solely on the basis of documents You and NFM submit to the arbitrator, unless You or NFM request a hearing or the arbitrator determines that a hearing is necessary. If Your claim exceeds $25,000, Your right to a hearing will be determined by the AAA Rules or JAMS Rules. Subject thereto, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Depositions will not be allowed in any event unless ordered by the arbitrator based on a showing of good cause. An arbitration hearing may take place by Zoom, unless the arbitrator concludes that in-person hearing is necessary or appropriate for the particular matter or witness concerned.

ARBITRATOR’S DECISION

The arbitrator will render an award within the time frame specified in the AAA Rules or JAMS Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any Massachusetts court of competent jurisdiction sitting in Suffolk or Middlesex Counties. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief to the extent necessary to provide relief warranted by the claim. Each party shall bear his/her/its own costs for the arbitration, including for attorney’s fees. The prevailing (or substantially prevailing) party shall not be entitled to an award of attorney’s fees or costs except as otherwise provided by law, including (without limitation) Mass. Gen. L. c. 231, Sec. 6F.

ARBITRATION FEES

You agree that each party will be responsible for its own costs, including paying any filing, administrative and arbitrator fees in accordance with the applicable rules.

CHANGES

If NFM changes the foregoing “Dispute Resolution” provisions of these Terms of Service after the date You first accepted them (or accepted any subsequent changes to these Terms of Service), You may reject any such change by sending written notice to NFM (including by email) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” below. By rejecting any change, You are agreeing that You will arbitrate any Dispute between You and NFM in accordance with the provisions of this “Dispute Resolution” section as of the date You first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service.)

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.

You may also contact us by writing to 34 Walden Street #706, Concord, MA 01742.

You may also send your complaint to the appropriate public agency or office in your state or jurisdiction. For example, California residents may reach the Complaint Assistance Unit of the Division of Consumer Services by mail at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

31. NOTIFICATION PROCEDURES

NFM may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to You via email notice, written or hard copy notice, or through conspicuous posting of such notice on the WEBSITE, as determined by NFM in its sole discretion. NFM reserves the right to determine the form and means of providing notifications to our Users. 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 34 Walden Street #706, Concord, Massachusetts 01742.

32. NON-ENGLISH-SPEAKING CONSUMERS

All materials on the NFM WEBSITE, including but not limited to questionnaires, documents, instructions, and filings, 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.

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. INQUIRIES

BY USING NFM’S PRODUCTS OR SERVICES OR ACCESSING THE NFM WEBSITE OR SOFTWARE APPLICATIONS, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO NFM VIA THE WEBSITE OR LOAN SETUP FORM CONSTITUTES AN INQUIRY TO NFM, AND THAT NFM MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).

YOU AGREE THAT ANY CALLS TO OR FROM US MAY BE MONITORED OR RECORDED FOR TRAINING OR QUALITY ASSURANCE PURPOSES.

37. RIGHT TO REFUSE

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.

Last Updated: May 9, 2022

National Family Mortgage, LLC – Privacy Policy

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. DISCLOSURE TO THIRD PARTIES
6. THIRD PARTY SERVICES
7. REVIEWING OR CHANGING PERSONAL INFORMATION
8. CHOICE/OPT-OUT
9. TERMS AND CONDITIONS
10. CONTACTING US

In using the WEBSITE, Products or Services, and Forms or Templates of NFM, You may input or otherwise provide NFM with information You consider to be private, confidential, or proprietary, including (without limitation) information that can be used to contact or identify You or others, or concerning that discloses the financial condition, arrangements, assets, or relationships of You or others (“Personal Information”). This privacy policy applies to such Personal Information as it relates to the use of the WEBSITE, Products or Services, or Forms or Templates of NFM.

Changes to our Privacy Policy

If we change our privacy policy, we will post those changes on this page and update the “Last Updated” date below.

1. INFORMATION WE COLLECT

In using the WEBSITE, Forms, or Templates of NFM, and in creating or exchanging Loan Documents, You or the Borrower or Lender input and provide NFM with Personal Information. Without limitation, You or Borrower or Lender may input or provide Your name, phone number, credit card or other billing information, email address, home and business postal addresses and information regarding transactions. When accessing the WEBSITE, NFM’s system and servers additionally collect and record, automatically, information generated or transported by Your computer or browser. Personal Information may also be received from You or Borrower or Lender via other methods, including by email or in connection with technical support or Customer support.

2. USE OF COOKIES AND BEACONS

Cookies and web beacons are small files that capture and remember certain information. The WEBSITE, Products or Services, or Forms and Templates of NFM uses cookies and web beacons to understand and save Your preferences for future visits and to compile aggregate data about User traffic and behavior to offer better experiences and tools in the future. In addition, NFM does and may contract with Third Party Providers to assist in better understanding and caring for the WEBSITE and Users. You can configure Your hardware and software so it does not accept cookies or web beacon, though in doing so, You may not then be able to access or use certain portions or features of the WEBSITE, Products or Services, or Forms or Templates.

3. HOW WE USE THE INFORMATION WE COLLECT

NFM may use Personal Information and automatically collected information, including information from cookies and web beacons, for the following purposes: (i) to deliver the Products or Services, and complete Forms or Templates, that Users request; , (ii) to improve our WEBSITE features and content, Products or Services, and/or Forms or Templates ; (iii) to enable and improve navigating the WEBSITE and the Product or Services, and Forms or Templates; (iv) to personalize the Users experience with the WEBSITE, Products or Services, Forms or Templates; (v) to provide or offer software updates and product announcements; (vi) to provide further information and offers that NFM believes may be useful or, interesting to Users or others, including newsletters, marketing or promotional materials and other information; (vii) to monitor, analyze, and administer use of the WEBSITE, Products or Services, and Forms or Templates; (viii) to generate and derive data and information concerning the use of the WEBSITE, Products or Services, and Forms or Templates; and (ix) to verify that visitors to or Users of the WEBSITE meet the criteria required to process their requests. NFM reserves the right to compile and share aggregated information about its Users, transactions completed using its WEBSITE, Products, Services, Forms, Templates, sales, and traffic.

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 Products or Services and WEBSITES offered by NFM.

4. PROTECTION OF YOUR PERSONAL INFORMATION

Personal Information is transmitted via Secure Socket Layer (SSL) technology and access to Your account information requires a user name and password. You must keep Your password confidential and You should always logout and close Your browser when You finish Your session.

Though no service is impenetrable, our service is built on top of Amazon Web Services (AWS). Amazon maintains ISO 27001 and SAS70 Type II certification for the AWS infrastructure, and has years of experience managing and securing largescale data centers. More details about AWS security are available at http://aws.amazon.com/security/.

5. NO SALES TO THIRD PARTIES

NFM does not sell Personal Information to third parties, except as outlined in this Privacy Policy or with Your consent. NFM does share Personal Information to trusted Third Party Providers to assist it in operating the WEBSITE, conducting and improving its provision of Products and Services, and preparing and facilitating use of its Forms and Templates.

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.

Non-personally identifiable Personal Information may be provided to other parties for marketing, advertising, or other uses.

If You sign up through an affiliate or referral link, we may share some Personal Information with that affiliate or referral, including Your name.

You may request more information, review what information is being shared by contacting us at privacy@nationalfamilymortgage.com.

6. THIRD PARTY SERVICES

NFM may link to, include, or offer third-party products or services on or through its WEBSITE. If You choose to use any such third-party services, we may facilitate sharing Your file materials, which may include Personal Information. Your use of those services is not governed by this Privacy Policy. We do not control the services of those third-parties or how they use 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 the use of its WEBSITE. Google Analytics is a web analytics service offered by Google that tracks and reports WEBSITE traffic. Google uses the data collected to track and monitor the use of our WEBSITE. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. This data may include pseudonymous identifiers that can be connected to other data that we have about You.

You can opt-out of making Your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on from
https://tools.google.com/dlpage/gaoptout. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page:
https://policies.google.com/privacy?hl=en.

By continuing to use the WEBSITE, Products or Services, or Forms or Templates of NFM, You agree and consent to our implementation and features of Google Analytics that we use.

NFM may use third-party remarketing services and tracking cookies, including Google AdWords remarketing, to advertise on third party websites, to tailor advertising to You or others, and to collect and use other data about User activities on our Website. This allows us to continue to market the WEBSITE, Products or Services, and Forms or Templates of NFM to those who have shown interest. You may continue to see ads for NFM across the internet, including on Google search results and on the Google Content network. Any data collected will be used in accordance with our own privacy policy, as well as the privacy policies or any third party remarketing services.

You can opt-out of the collection of and use of information for ad targeting and remarketing by visiting the links below: For Google AdWords Remarketing, You can opt out by visiting Google’s Ads Settings here: https://adssettings.google.com/. For Facebook, You can opt out by visiting http://www.aboutads.info/choices and http://www.youronlinechoices.eu/. For any third party vendor, You can opt out by visiting www.networkadvertising.org/choices/.

By continuing to use the WEBSITE or any Product or Service, Form or Template offered by us, You agree and consent to our implementation and features of remarketing services and tracking cookies, including Google AdWords, that we use.

7. REVIEWING OR CHANGING PERSONAL INFORMATION

You can review or request changes to Your Personal Information by logging into Your account at nationalfamilymortgage.com or by contacting us at support@nationalfamilymortgage.com.com.

8. CHOICE/OPT-OUT

NFM regularly sends messages to You or others relating to to transactions You conduct or participate in on or through the WEBSITE, or that have important alerts and notices about Your account or the Products or Services or Forms or Templates of NFM. You cannot opt out of these Communications. Additionally, we may send You other Communications such as (i) notices about Your use of our Products and Services, including notices regarding violations of our terms of service, (ii) updates to our WEBSITE and Products and Services and (iii) promotional information regarding our Products and Services. You can opt out of receiving promotional emails by following the opt-out instructions provided in those emails or by contacting us at support@nationalfamilymortgage.com with Your specific request.

9. TERMS AND CONDITIONS

Please also visit the Terms of Service section establishing the use, disclaimers, and limitations of liability governing the use of our WEBSITE.

10. CONTACTING US

Any questions concerning our privacy policy should be directed to privacy@nationalfamilymortgage.com.

Last Updated: April 23, 2022