E-mail (Policy) Terms & Conditions
Benchmark is dedicated to revolutionizing the home financing
process. A big part of that "revolution" is based upon prompt and convenient
communication with our clients, vendors and others. For that reason, we
offer various means of communication including e-mail, fax, telephone, chat,
snail–mail, express mail, voice mail, etc. To demonstrate our commitment to
prompt and convenient communications, we have adopted the following terms
and conditions, regarding e-mail, which are incorporated by reference into
all e-mails sent and received by our Team Members (i.e., our employees). Our
communications with you via e-mail are conditioned upon your agreement to
the following terms.
E-mail In General
E-mail is an effective means of communicating a message. However, due to its
brief and informal nature, e-mail may not accurately represent the entire or
final disposition of a matter or the official business records of the
Company. In most instances, communications on a particular matter are
exchanged through multiple channels such as through e-mails, faxes,
voicemails, letters, IM, telephone, and in person. Indeed, communications on
a particular matter may be exchanged through multiple channels, all at the
same time, such as when an e-mail responds to a voicemail, a fax follows–up
a personal meeting, a voicemail responds to an e-mail, etc. Accordingly,
e-mail, by itself, may not accurately reflect the complete communication or
intent of the Company as to the subject matter referred to within the
communication, nor constitute an official business record of the Company.
All official matters should be subsequently confirmed in signed writings.
Also, the mere receipt of an e-mail by the Company may not put the Company
on notice, timely or otherwise, of the matters contained within that e-mail.
E-mails Are Generally Not Formal Signed Writings; e–Sign Disclaimer
Unless there is explicit and specific language and disclosures to the
contrary, e-mails from our Company do not contain or constitute an
electronic signature, even if the sender's name appears in the e-mail.
E-mail communications are not intended to be construed against the Company
as an interest rate lock, an unconditional loan commitment, an unconditional
loan approval, unconditional pre–qualification, unconditional pre–approval,
or any other unconditional offer or agreement to lend. Such documents and
agreements are generally sent to clients in formal signed writings from the
Company.
Confidential Information
E-mails sent by our Team Members are confidential (and all attachments to
such e-mails are confidential) and are to be reviewed and/or disclosed to
only the individual or entity to whom they are addressed and intended. If
you received an e-mail in error or if it was improperly forwarded to you,
the information contained in the e-mail should, at all times, remain
confidential and such circumstances shall not authorize you to use or
disclose the confidential information. Please notify the sender immediately
by telephone or e-mail, and delete or destroy the original and any copies.
Any unauthorized use, disclosure, reproduction, or distribution is strictly
prohibited. E-mails marked as "Confidential" contain confidential and/or
proprietary information that is disclosed under the condition that you treat
and maintain such information strictly in a confidential manner and in
compliance with applicable privacy laws (including but not limited to the
Gramm–Leach–Bliley Act) and that you ensure such information is not
disclosed or used by others, except for the limited and confidential purpose
for which it is being provided. By accepting and reviewing Confidential
information provided by the Company, you agree to indemnify and hold the
Company harmless against any and all claims, losses, liabilities, or
expenses, including attorney's fees that the Company may incur as a result
of the unauthorized use or disclosure of confidential information due to
your acts or omissions.
Privileged Information
E-mails exchanged with or involving our Legal Team may contain privileged
information subject to the attorney client privilege and/or the attorney
work product privilege. Such privileged information shall not be waived if
you receive an e-mail in error or if it was improperly forwarded to you. If
you are not the intended recipient of privileged information, please notify
the sender immediately by telephone or e-mail and delete or destroy the
original and any copies. Any unauthorized use, disclosure, reproduction, or
distribution of confidential or privileged information is strictly
prohibited.
Time Sensitive Instructions & Official Matters; Filters
Do not use e-mail to communicate time–sensitive instructions or official
company matters; they may not be received or reviewed by the appropriate
Team Member in a timely manner. All e-mails are processed through various
virus and spam filters which may delay or reject the delivery of an e-mail
altogether. Urgent matters should be communicated in person directly with
the person of concern via telephone and then confirmed in writing with the
appropriate person via fax or e-mail. The Company reserves the right to
block any e-mail source it deems inappropriate.
Business Purposes
The Company's e-mail facilities are to be used only for conducting business
with our Company. Vendors, suppliers, clients and others receiving e-mail
from our Team Members may not use our Team Member's e-mail address or
contact information (or any other person's e-mail address appearing on or in
Company e-mail) for any purpose other than corresponding with our Company
for lawful and legitimate business purposes relating to the business of our
Company. The receipt of an e-mail is not our Company's consent, nor our Team
Member's consent, for you to use our Team Member's e-mail address or contact
information for direct marketing purposes or for transfers of data to
third–parties, and such use is strictly prohibited.
Monitoring of Communications
All e-mails sent to or from our Team Members may be forwarded, monitored,
and/or reviewed by others within our Company other than the designated
recipient/sender with or without notice to the designated recipient/sender.
We may also record or monitor other forms of communications you have with us
via the Website, chat, e-mail, and telephone. By using such communications
methods you are consenting to the recording or monitoring of the same.
Unsecured Transmissions
You should be aware that regular e-mail is typically sent via the Internet
which is an open network. While certain designated areas within our websites
employ technologies to secure your data and the transmissions between you
and our Company, general e-mail uses the Internet which is an open system
and we cannot provide absolute assurances that all e-mail transmissions
(sent or received) are secure, error free, not corrupted, incomplete or
virus free and/or that they won't be lost, misdelivered, destroyed, delayed,
or intercepted/decrypted by others. Therefore the Company advises against
sending sensitive or personally identifiable information, over e-mail, and
disclaims all liability with regard to e-mails (and the contents therein) if
they are corrupted, lost, destroyed, delayed, incomplete, misdelivered,
intercepted, decrypted or otherwise misappropriated by others.
Viruses
Computer viruses can be transmitted via email through email content,
attachments to emails and embedded links. Although our e-mails are believed
to be free of any virus or other defects that might affect computer systems
in which they are received and opened, it is the recipient's responsibility
to ensure that any e-mail they open is virus free. The Company is not
responsible for any loss or damage arising in any way from the receipt, use,
storage or transmission of our e-mails. If our Company forwards an e-mail or
replies to a prior e-mail, the contents may have been produced by someone
other than our Company or our Team Members for which the Company assumes no
liability whatsoever. THE COMPANY DISCLAIMS ANY REPRESENTATION OR WARRANTY
THAT COMPANY E–MAILS ARE VIRUS FREE AND/OR ERROR FREE. The use of e-mail to
introduce any virus, malicious or disabling code, or to otherwise interfere
with the Company's e-mail transmissions, telecommunication, or computer
networks is prohibited and against the law; violators will be prosecuted to
the fullest extent of the law.
Prohibited E-mail Content
All of our Team Members are prohibited from using email to make or send any
type of menacing, defamatory, discriminatory, harassing, offensive or
threatening statements/materials, or statement/materials that infringe the
copyrights or legal rights of others in e-mail. Such communications are
against Company policy and outside the scope of our Team Member's
employment. The Company does not accept any liability in respect of such
communication, and the Team Member responsible will be personally liable for
any damages or other liability arising. Please report any such violations to
our Client Relations Team at (972) 398-7676 or help@Benchmark.us. The use of
the Company's email facilities for purposes of sending menacing, harassing,
offensive or threatening messages to our Team Members is strictly prohibited
and is unlawful; violators will be prosecuted to the fullest extent of the
law. Use of the Company's email facilities for purposes of to soliciting our
Team Members to breach their employment agreements or to interfere with
their employment status with our Company is strictly prohibited.
All Rights Reserved; Statements Attributable to the Company
The Company reserves all rights as to the Company's content in its e-mail
and this e-mail policy statement. No part of the Company's email (or this
policy statement) may be reproduced, published, or distributed in any manner
without the express written permission of the Company. The only official
publishable public statements that can be attributed to the Company are
statements issued by the Company's Founding Partners or Corporate Counsel.
Negligent Misstatement
The Company disclaims any and all responsibility, including responsibility
based on negligence or negligent misstatement, for the accuracy,
completeness, or reliability of data or information contained in or
furnished through e-mail and the Company makes no warranties, express or
implied, with respect to such data or information.
IRS Circular 230 Disclosure
The Company disclaims any U.S. federal tax advice contained in or furnished
through e-mail (including any attachments). Any reliance upon such tax
advice cannot be used, for the purpose of (i) avoiding penalties under the
Internal Revenue Code or (ii) promoting, marketing or recommending to any
other party any transaction or matter that is addressed, contained in or
furnished through e-mail (including any attachments).
Governing Law
In receiving and opening this e-mail, you agree that the Terms and
Conditions stated herein shall apply to you and are incorporated by
reference into the Company's e-mail, and that any disputes pertaining to
this e-mail shall be governed by and construed in accordance with the laws
of the State of Texas, without giving effect to any principles of conflicts
of law. You agree that any action at law or in equity arising out of or
relating to these Terms and Conditions may only be filed only in the state
or federal courts located in Texas.
Complaints
Any complaints should be directed to the Client Relations Team at (972) 398-7676 or help@Benchmark.us.
Additional Terms
The products and services provided by the Company are subject to additional
terms, conditions and disclaimers.
State Licensing
Benchmark is a licensed mortgage lender. The following states
require disclosure of licensing information: Alabama HUD Title II Exempt,
Alaska Unregulated, Arizona Mortgage Banker License BKBR0113046, Arkansas
Mortgage Banker & Broker License 11505, California Broker License 6037861,
California Residential Mortgage Lender License 4130603, Colorado Supervised
Lender License 989611, Connecticut 1st Mortgage Lender & Broker License
17536, 2nd Mortgage Lender & Broker License 19418, Delaware Licensed Lender
License 2002477, District of Columbia Mortgage Lender & Broker License
MLB5777, Florida Correspondent Lender License CL0702991, Hawaii Mortgage
Broker License MB992, Idaho Regulated Lender License RMD4384, Idaho
Regulated Mortgage Lender & Broker License MBL4060, Illinois Residential
Mortgage License MB6759572, Indiana HUD Title II Exempt, Indiana Loan
License 9961, Iowa Mortgage Banker License MBK20050025, Kansas Supervised
Loan License 2007-5235, Kentucky Mortgage Loan Company License MC19539,
Louisiana Residential Lender License RML9910, Maine Supervised Lender
License SLM9150, Maryland Mortgage Lender License 14082, Massachusetts
Lender & Broker License MC4600, Michigan Mortgage Lender & Broker License
FL0011139, Michigan 2nd Mortgage Lender & Broker License SR0013448,
Minnesota Residential Mortgage Originator License 20514388, Mississippi
Mortgage Company Lender License 361/2008, Missouri HUD Title II Exempt,
Montana Mortgage Broker License 001048, Montana Consumer Loan License 1145,
Nebraska Mortgage Banker License 855, Nevada Mortgage Banker License 1921,
New Hampshire Mortgage Banker License 11762MB, New Jersey Licensed Lender
License & 2nd Mortgage Lender License L057718, New Mexico Registration
Certificate 1834, North Carolina Mortgage Lender License L130021, North
Dakota Money Broker License MB101309, Oklahoma Supervised Lender License
SL006994, Oregon Mortgage Banker License ML3925, Pennsylvania 1st Mortgage
Banker Branch License 15956.001, Rhode Island Licensed Lender License
20072183LL, Rhode Island Licensed Broker License 20072182LB, South Carolina
HUD Title II Exempt, South Carolina Supervised Lender License S7192, South
Dakota Mortgage Lender License 4667, Tennessee Certificate of Registration
2373, Texas Mortgage Banker Registration 43812, Texas Regulated Loan License
279246903, Utah Mortgage Lender Company License 5670244MLC0, Vermont Lender
License 5952, Vermont Broker License 842, Washington Consumer Loan License
520CL29331, West Virginia Mortgage Lender License 23538, West Virginia
Mortgage Broker License 23537, Wisconsin Mortgage Banker License 43862,
Wisconsin Mortgage Broker License 43863, Wyoming Residential Mortgage Lender
License MBL292, Wyoming Supervised Lender License SL2060
Opt–Out
This e-mail may constitute an advertisement or solicitation under U.S. law,
if its primary purpose is to advertise or promote a commercial product or
service. If you do not wish to receive advertising and promotional messages
from Benchmark at this e-mail address please specify your preference by
visiting our website: www.Benchmark.us and the Privacy page.
Equal Housing Lender
Benchmark is an Equal Housing Lender. The Company does not engage in
business practices that discriminate on the basis of race, color, religion,
national origin, sex, marital status, age (provided you have the capacity to
enter into a binding contract), because all or part of your income may be
derived from any public assistance program, or because you have, in good
faith, exercised any right under the Consumer Credit Protection Act. The
federal agency that administers our compliance with these federal laws is
the Federal Trade Commission, Equal Credit Opportunity, Washington, DC,
20580.
Equal Opportunity Employer
Benchmark is an equal opportunity employer. Any complaints or concerns about
the Company's employment practices may be directed to the Chief Executive
Officer at (972) 398-7676.
