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Sweetwater Mortgage Company and Texas Homeplace Mortgage Company
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NMLS ID#225711     
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Terms and Conditions

I certify and confirm that, I agree that this service is a normal promotional and educational activity provided by Sweetwater Mortgage Company and is not conditioned on the referral of business to Sweetwater Mortgage Company and does not involve the defraying of expenses by Sweetwater Mortgage Company that otherwise would be incurred by me or persons in a position to refer settlement services or business incident thereto as descibed in Section 8(vi) of the Real Estate Settlement Procedures Act of 1974, as amended.

In addition, I certify and confirm that I do not represent, I am not employed by, and I am not affiliated with any type of credit repair company or organization.  I understand and agree that complimentary websites provided by Sweetwater Mortgage Company are not to be used for any credit repair activity or uses, promotional or otherwise.

In addition, I authorize Sweetwater Mortgage Company to email Complimentary Websites and Weekly Rate Sheets and Market Watch.

All users of Sweetwater Mortgage Company’s services, and all customers upon signing up for Sweetwater Mortgage Company’s services, agree to comply with Sweetwater Mortgage Company’s Terms of Use ("TOU"). The spirit of the TOU is to ensure customers are using Sweetwater Mortgage Company’s services with due regard to the rights of other Internet users and in conformity with the requirements of Sweetwater Mortgage Company’s network environment. The TOU are not exhaustive and Sweetwater Mortgage Company reserves the right to add, delete, or modify any provision of its TOU at any time without notice, effective upon either the posting of the modified TOU to www.SweetwaterMortgage.com or notification of the modified TOU. The TOU supersedes any other agreement with Sweetwater Mortgage Company, whether written, oral, by conduct, or otherwise.

 

All Sweetwater Mortgage Company Customer Terms of Use

 

The following Terms of Use apply to ALL Sweetwater Mortgage Company customers:

 

Sweetwater Mortgage Company Services:

Sweetwater Mortgage Company’s services include, but are not limited to:

any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers' account (including the space on the particular Web server that Sweetwater Mortgage Company provides to customers); any use by customers, or any access provided to customers by Sweetwater Mortgage Company, of computing, telecommunications, software, information, hardware, and equipment; any act, or provision of any service, by Sweetwater Mortgage Company to customers, related to web hosting and domain name registrations (including server usage and technical support), regardless of duration and whether paid for or not; any provision by Sweetwater Mortgage Company to customers, of any space, Internet connectivity, or electrical power; any access or use related to the Sweetwater Mortgage Company’s web site, including the web site itself; any other service mentioned in the TOU; any other service provided by Sweetwater Mortgage Company to customers, whether used or not; any other Sweetwater Mortgage Company services that are used by customers, whether offered or provided by Sweetwater Mortgage Company to customers.

 

Illegal Use:

Sweetwater Mortgage Company servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, all Sweetwater Mortgage Company customers certify that they and/or the organization they represent in procuring services from Sweetwater Mortgage Company are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.

 

Spamming:

Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Sweetwater Mortgage Company’s customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a web site hosted on a Sweetwater Mortgage Company server, and selling or distributing software (on a web site residing on a Sweetwater Mortgage Company server) that facilitates spamming. Violators will face immediate suspension. Sweetwater Mortgage Company reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

 

System and Network Abuse:

Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

 

Viruses and Other Destructive Activities:

Use of Sweetwater Mortgage Company’s services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Sweetwater Mortgage Company’s services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.

 

Copyright Violations:

The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All Sweetwater Mortgage Company customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a Sweetwater Mortgage Company customer (per the DMCA) to Sweetwater Mortgage Company must follow the below procedures. Copyright infringement notifications submitted to Sweetwater Mortgage Company according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at Sweetwater Mortgage Company’s sole discretion. DMCA Copyright Infringement Notification Requirements: Signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant"). Identification of the copyrighted work(s) claimed to have been infringed. Identification of the material claimed to infringe the copyright(s), and enough information for Sweetwater Mortgage Company to locate it including URLs and specific descriptions of the infringing material at each URL. The Claimant's name, address, and telephone number(s). A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent. A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.

 

Privacy:

Sweetwater Mortgage Company is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Sweetwater Mortgage Company urges its customers to assume that all of their on-line communications are insecure. Sweetwater Mortgage Company cannot take any responsibility for the security of information transmitted over Sweetwater Mortgage Company’s facilities. Additional details on privacy and Sweetwater Mortgage Company’s use of customer information can be found in Sweetwater Mortgage Company’s Privacy Statement located at http://www.SweetwaterMortgage.com/privacypolicy.html.

 

Customer Responsibility:

Customers are required to use the Sweetwater Mortgage Company network responsibly. This includes respecting the other customers of Sweetwater Mortgage Company. Sweetwater Mortgage Company reserves the right to suspend and/or cancel service with any customer who uses the Sweetwater Mortgage Company network in such a way that adversely affects other Sweetwater Mortgage Company customers. While Sweetwater Mortgage Company may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Sweetwater Mortgage Company does not monitor its customers' communications or activities to determine whether they are in compliance with the TOU. However, when Sweetwater Mortgage Company becomes aware of any violation of the TOU or other user agreements, Sweetwater Mortgage Company may take any action to stop or correct such violation, including, but not limited to, denying access to Sweetwater Mortgage Company’s services and equipment or to the Internet. In addition, Sweetwater Mortgage Company may take action against a customer or a customer of such customer because of the activities of such customer. Sweetwater Mortgage Company anticipates that customers who offer Internet services will cooperate with Sweetwater Mortgage Company in any corrective or preventive action that Sweetwater Mortgage Company deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Sweetwater Mortgage Company policy and Sweetwater Mortgage Company reserves the right to take any such action even though such action may affect other customers of the Sweetwater Mortgage Company customer.

 

Actions Taken by Sweetwater Mortgage Company:

The failure by a customer to meet or follow any of the TOU is grounds for account deactivation. Sweetwater Mortgage Company will be the sole arbiter as to what constitutes a violation of the TOU. Sweetwater Mortgage Company reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When Sweetwater Mortgage Company becomes aware of an alleged violation of its TOU, Sweetwater Mortgage Company will initiate an investigation. During the investigation, Sweetwater Mortgage Company may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Sweetwater Mortgage Company may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Sweetwater Mortgage Company will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. Sweetwater Mortgage Company does not issue credits for outages incurred through service disablement resulting from TOU violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Sweetwater Mortgage Company.

 

Indemnification:

Sweetwater Mortgage Company customers agree to protect, defend, hold harmless, and indemnify Sweetwater Mortgage Company, any third party entity related to Sweetwater Mortgage Company (including, without limitation, third party vendors), and Sweetwater Mortgage Company’s executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as Sweetwater Mortgage Company, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of Sweetwater Mortgage Company’s services.

 

Disclaimer:

The Sweetwater Mortgage Company service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Sweetwater Mortgage Company expressly disclaims any representation or warranty that the Sweetwater Mortgage Company service will be error-free, secure or uninterrupted. No oral advice or written information given by Sweetwater Mortgage Company, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Sweetwater Mortgage Company and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.  All information contained in this site is provided by members of the site.  Information is deemed reliable but not guaranteed.  All information should be independently verified and neither TxLS nor its members assume any liability for information obtained through the use of this site.

 

LIMITATION OF LIABILITY:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL Sweetwater Mortgage Company (INCLUDING, WITHOUT LIMITATION, Sweetwater Mortgage Company’s EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS Sweetwater Mortgage Company, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING Sweetwater Mortgage Company’s SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR Sweetwater Mortgage Company SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY Sweetwater Mortgage Company SERVICES EVEN IF Sweetwater Mortgage Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Modifications:

Sweetwater Mortgage Company may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Sweetwater Mortgage Company’s services. Certain changes to Sweetwater Mortgage Company’s services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and Sweetwater Mortgage Company is not liable, for any and all such personalized applications and content, except as expressly agreed to by Sweetwater Mortgage Company.

 

Backup of Data:

Except where Sweetwater Mortgage Company has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and Sweetwater Mortgage Company is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with Sweetwater Mortgage Company services.

 

Maintenance Windows:

Sweetwater Mortgage Company may conduct weekly maintenance windows during which time any or all of Sweetwater Mortgage Company’s services may be unavailable. Sweetwater Mortgage Company also reserves the right to conduct emergency maintenance windows at any time and without warning, during which time any or all of Sweetwater Mortgage Company’s services may be unavailable.

 

Systems and Networks Information:

Sweetwater Mortgage Company makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, or validity of the data and/or information available. Use of information obtained from or through Sweetwater Mortgage Company is at the sole risk of Customer. The data or information available through the interconnecting networks may not be accurate, and Sweetwater Mortgage Company has no ability or authority over the data or information. Sweetwater Mortgage Company makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, or validity of the data or information residing on or passing through the internconnecting networks. Use of data or information obtained from or through Sweetwater Mortgage Company’s services is at the sole risk of each customer.

 

Third Party Licenses:

Sweetwater Mortgage Company makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively "Technologies"), part of which may be licensed, or co-branded, from or by, third party entities. However, Sweetwater Mortgage Company makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, Sweetwater Mortgage Company specifically disclaims all warranties of merchantability and and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold Sweetwater Mortgage Company liable in any way for the revocation of any license, which has been licensed to Sweetwater Mortgage Company. The use of the Technologies obtained from or through Sweetwater Mortgage Company, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.

 

Non-Sweetwater Mortgage Company Products:

Any mention of non-Sweetwater Mortgage Company products by Sweetwater Mortgage Company, its employees, or any third party entity related to Sweetwater Mortgage Company is for information purposes only and does not constitute an endorsement or recommendation by Sweetwater Mortgage Company. Sweetwater Mortgage Company disclaims any and all liabilities for any representation or warranty made by the vendors of such non-Sweetwater Mortgage Company products or services.

 

Sweetwater Mortgage Company’s Intellectual Property:

Customers will not, without Sweetwater Mortgage Company’s express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on Sweetwater Mortgage Company’s web site, and customers will not use any of Sweetwater Mortgage Company’s trademarks, service marks, copyrighted materials, or other intellectual property without Sweetwater Mortgage Company’s express written consent. Customers will not, in any way, misrepresent their relationship with Sweetwater Mortgage Company, attempt to pass themselves off as Sweetwater Mortgage Company, or claim that customers are Sweetwater Mortgage Company.

 

Assignment:

Customers may not assign or delegate their rights or obligations under the TOU or other agreement for Sweetwater Mortgage Company’s services, either in whole or in part, without the prior written consent of Sweetwater Mortgage Company.

 

Minimum Age Requirement:

Sweetwater Mortgage Company customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the TOU in order for the Minor to become a Sweetwater Mortgage Company customer. A parent or guardian who accepts the TOU on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOU, including the timely and full payment of the charges for Sweetwater Mortgage Company services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains Sweetwater Mortgage Company’s express written consent to the contrary. Any acceptance of the TOU or any other agreement for Sweetwater Mortgage Company’s services will be deemed null and void to the extent that Sweetwater Mortgage Company will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of Sweetwater Mortgage Company’s services.

 

Governing Law and Severability:

The TOU, and any other agreement for Sweetwater Mortgage Company services, will be governed by and construed in accordance with the laws of the State of Texas, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and Sweetwater Mortgage Company will take place in Texas, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other Sweetwater Mortgage Company agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.

 

Independent Contractors:

Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Sweetwater Mortgage Company and its customers. Each of Sweetwater Mortgage Company and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

 

Construction and Interpretation:

Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU.

 

Complete Agreement and Exclusivity:

The TOU, and/or any other specific agreement for Sweetwater Mortgage Company services, constitutes the complete understanding and agreement between Sweetwater Mortgage Company and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Sweetwater Mortgage Company, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for Sweetwater Mortgage Company services is between Sweetwater Mortgage Company and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Sweetwater Mortgage Company.

Authorization:

By registering a property on this site, Sweetwater Mortgage Company customers affirm that they are either the property's seller, listing broker or agent, and have been authorized by the property's seller, listing broker or agent to list this property on this site.  In addition Sweetwater Mortgage Company customer's who list their property on this site authorize Sweetwater Mortgage Company to list, promote, or advertise their property on other real estate sites. In doing so,  Sweetwater Mortgage Company customers agree to protect, defend, hold harmless, and indemnify Sweetwater Mortgage Company, any third party entity related to Sweetwater Mortgage Company (including, without limitation, third party vendors), and Sweetwater Mortgage Company’s executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as Sweetwater Mortgage Company, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of Sweetwater Mortgage Company’s services. The Sweetwater Mortgage Company service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Sweetwater Mortgage Company expressly disclaims any representation or warranty that the Sweetwater Mortgage Company service will be error-free, secure or uninterrupted. No oral advice or written information given by Sweetwater Mortgage Company, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Sweetwater Mortgage Company and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

 

 

 

  
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