General Terms and Conditions

YOUR USE OF THIS WEBSITE AND YOUR TRANSACTIONS CONDUCTED WITH THE COMPANY IN CONNECTION WITH THIS WEBSITE ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS, REFERRED TO AS "TERMS OF USE". CLICKING ONTO WEB PAGES BEYOND THE WEBSITE'S HOMEPAGE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT WITH THE TERMS OF USE WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH THE COMPANY AND WHETHER OR NOT YOU COMPLETE YOUR TRANSACTION ON THE WEBSITE OR THROUGH OTHER CHANNELS, SUCH AS BY PHONE, BY EMAIL, FACSIMILE OR OTHERWISE. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU MAY NOT USE THIS WEBSITE.

TERMS OF USE

WEB SITE OWNERSHIP AND PERMITTED USE
This Website is owned and operated by Benchmark, 5160 Tennyson Parkway Suite 2000W, Plano, TX 75024 , which is referred to below as "Benchmark" or "we" or "us" or "Company" or "our."

You agree that (a) your use of this Website is subject to and governed by these Terms of Use, (b) you will only access or use this Website and transact business with us if you are at least 18 years old, (c) you will comply with and be bound by these Terms of Use as they appear on this Website each time you access and use this Website, (d) each use of this Website by you indicates and confirms your assent to and agreement to be bound by these Terms of Use, and (e) these Terms of Use are a legally binding agreement between you and Benchmark that will be enforceable against you.

You agree that you will not use or attempt to use this Website for any purpose other than conducting mortgage banking related business with Benchmark as a bona fide client of Benchmark; you may not use or attempt to use this Website for any purpose: (1) that interferes with or induces a breach of the contractual relationships between Benchmark and its employees, (2) that is any way unlawful or prohibited, or that is harmful or destructive to anyone or their property, (3) that transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited email, unsolicited commercial communications, (4) that transmits any harmful or disabling computer codes or viruses, (5) that interferes with our network services; (6) that attempts to gain unauthorized access to our network services, (7) that impairs or limits our ability to operate this Website or any other person's ability to access and use this Website, and/or (8) that uses any methods, means or devices to click on to this Website or cause a visit to this Website for the purpose of manipulating the results of any internet search engine, or for any other purpose other than conducting mortgage banking related business with Benchmark as a bona fide client of Benchmark.

Benchmark reserves the right at all times, in its sole discretion and without notice to you, to deny your access to and use of this Website. You agree that you may not use or attempt to use any part of this Website to represent that you have any (express or implied) affiliation with Benchmark or broker relationship with Benchmark without the express written permission of Benchmark. You may not use this Website to transmit unsolicited email to this site or to anyone whose email address included the domain name under on this Web site.

You agree and acknowledge that you have the sole responsibility and liability for your use of this Website and for providing or obtaining, and for maintaining, all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary or desirable for you to access and use this Website. The Terms of Use may not be altered except with the express written permission of one of the Managing Partners of Benchmark.

INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that (a) all content, web pages, source code, data, screens and materials on and used in operating this Website are protected by copyright and other intellectual property rights, including, but not limited to, trademarks, service marks, trade names, brand names and logos, that are owned by Benchmark and (b) all rights of any kind in the web pages, source code, functionality, design, layout, screen interfaces and all other aspects of the "look and feel" of this Web site are owned by Benchmark.

You may reproduce content and materials from this Web site only for your own personal, non-commercial use, and provided that you keep intact all copyright, trademark and other proprietary notices on the content and materials. You agree that you will not in any way copy, reproduce, publish, create derivative works from this Website, perform, upload, post, distribute, transfer, transmit, modify, adapt, frame in any web page, alter the appearance of, use on any other Website, or incorporate into any other document or materials any content, data or materials from this Website for any purpose other than your own personal, non-commercial use.

You may not use any content, domain names (in whole or in part), or email addresses related to or derived from this Website, nor any data, trademarks, functionality, service marks, trade names, brand names and/or logos contained within or derived from this Website, for any purpose other than your own personal, non-commercial use; meaning that you may not, among other prohibited uses, use any content, domain names, email addresses, data, trademarks, service marks, trade names, brand names and/or logos on or derived from this Website (a) in or as any meta-tag or hidden text, (b) in or as part of any contextual marketing directory, index, or triggering term; (c) as content or advertising related to any other Website including, but not limited to, comparative/informational Websites; and/or (d) as a variable or data element in any algorithm that causes another internet browser to appear on, over, or at the same time as the Company's Website or controls the content of any other internet browser window. The republication of our loan programs and rates is strictly prohibited. You acknowledge and agree that you do not acquire any ownership rights by downloading copyrighted material.

You acknowledge and agree that all comments, suggestions, graphics and ideas you may submit to Benchmark regarding this Website will become and remain our exclusive property, including any future rights associated with such submissions, even if the provisions of these Terms of Use are later modified or terminated. This means that you disclaim any proprietary rights in such submissions, and you acknowledge Benchmark’s unrestricted right to use, publish and exploit them, or materials or ideas similar to them, in any medium, now and in the future, without notice, compensation or other obligation to you or any other person.

LINKING
Not Responsible For Links to Other Web sites: For your convenience, this Website may provide links to other Websites on the World Wide Web. Unless expressly stated otherwise on this Web site, Benchmark does not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, services, calculations, information, products or materials available at or through any Websites to which this Website may provide a link. By using this Website you acknowledge and agree that Benchmark will not be responsible or liable to you or any other person for any damages or claims that might result from your use of such content, services, calculation, information, products or materials.

No Advertising / No Links. Benchmark does not permit third-party advertising on this Website. Except with the written permission of Benchmark, you agree that you will not create links from any Web site or webpage to this Web site or any webpage within this Web site.

REVISIONS
You agree and acknowledge that we may revise or change these Terms of Use at any time, without notice to you, and you agree that you will be bound by the provisions of these Terms of Use as they appear on this Website at the time you access this Website. Because these Terms of Use may change, we encourage you to refer back often to these Terms of Use. In addition, you agree and acknowledge that all other content, services, products and materials on or available through this Website are subject to updating and revision without notice to you.

LOCATION
You understand and acknowledge that Benchmark controls and operates this Website from within the United States of America. This Website provides information regarding services and products that are made available in the United States only. We make no representation that the services or products about which information may be provided on this Website will be available (a) anywhere outside of the United States or (b) in every state within the United States. You acknowledge and agree that you are responsible for compliance with all federal, state and local laws applicable to your access to and use of this Website.

USER IDs AND PASSWORDS
Certain areas or features of this Web site may be restricted to users who have obtained a user identification and password by completing a registration process described on this Website. Please be sure to protect and maintain the confidentiality of any user identification, password or other identifying information you may obtain in connection with your use of this Website. You agree to notify Benchmark immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this Website by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this Website that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.

PRIVACY AND SECURITY
See Security and Privacy Webpage: For information on how Benchmark uses and protects the personal information you may provide through this Website, please click on this link to our security and privacy policy or click on the "Security and Privacy" link at the bottom of the pages of this Web site.
Internet is An Open Network: While certain designated parts of the Benchmark Web site employs technologies to secure your data and the transmissions between you and Benchmark and our employees, the Internet is an open system and we cannot provide absolute assurances that transmissions cannot be intercepted/decrypted by others.

INDEMNIFICATION
If you make any unauthorized use of this Website or violate the Terms of Use: (a) you may be in violation of copyright and other laws of the United States, as well as applicable state laws, and may be subject to penalties, and (b) you may be responsible for damages caused to the Company. You agree to indemnify Benchmark and its affiliates, vendors and licensors, and all of the employees, officers, directors, agents and representatives of Benchmark and its affiliates, vendors and licensors, against, and to hold all of them harmless from, all costs, claims, damages, expenses or other losses, including attorney's fees and court costs, that arise from or are related to your use of this Website and/or your breach/violation of or failure to comply with the Terms of Use.

DISCLAIMERS
THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS AND MATERIALS ON OR AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. BENCHMARK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BENCHMARK MAKES NO REPRESENTATION OR WARRANTY REGARDING THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS, OR THE USE OR RESULTS OF USE OF THE CONTENT, SERVICES, CALCULATIONS, PRODUCTS OR MATERIALS, ON OR AVAILABLE THROUGH THIS WEBSITE. THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS AND MATERIALS ON OR AVAILABLE THROUGH THIS WEBSITE COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND COULD BECOME INACCURATE BECAUSE OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES OF PREPARATION OR PUBLICATION. BENCHMARK HAS NO OBLIGATION TO MAINTAIN THE CURRENCY OR ACCURACY OF ANY CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS WEB SITE.

YOU ACKNOWLEDGE AND AGREE THAT BENCHMARK IS NOT, AND SHALL NOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS WEB SITE OR ITS OPERATION. AS TO THE OPERATION OF THIS WEB SITE, BENCHMARK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BENCHMARK MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE OPERATION OF THIS WEBSITE WILL MEET YOUR OR ANY OTHER USER'S REQUIREMENTS; (B) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) ANY DEFECTS IN THIS WEBSITE WILL BE CORRECTED. YOU AGREE THAT YOU, AND NOT BENCHMARK, WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS WEBSITE.

LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL BENCHMARK BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES OR INJURY CAUSED BY ERROR, INACCURACY, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, TELECOMMUNICATIONS FAILURE OR COMPUTER VIRUS OR OTHER PROBLEM, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS WEBSITE, WHETHER IN AN ACTION ALLEGING BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS WEBSITE. YOU AGREE THAT BENCHMARK SHALL NOT BE LIABLE EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL BENCHMARK’S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN ACCESSING OR USING THIS WEBSITE.

COMMUNICATIONS WITH COMPANY
Time Sensitive Instructions: When communicating with us through this Website, or via email, do not use the Website, or e-mail to communicate any time-sensitive instructions that are in any way related to or affect your loan, loan application or closing (such as interest rates locks, cancellation of a closing, rescissions, or the like). Such instructions may not be honored. All transactions conducted on this Website, or via email, must be confirmed in writing by us to be accepted by and binding upon us.

Loan Approvals: All loan approvals, pre-qualifications, pre-approvals, rate locks, deposit and refund agreements, and the like, are only made by Benchmark in writing. Approvals, pre-qualifications and pre-approvals are conditional in accordance with their terms except as be specifically provided for in writing signed by Benchmark.

E-Signature: General communications through this Website or via email are not intended by us to constitute either an electronic record or an electronic signature, or to constitute any agreement by the sender to conduct a transaction by electronic means, unless a specific statement to the contrary is included in the message and specific e-signature procedures are employed. However, your assent to a "click to accept" button or box is binding upon you.
Recording & Monitoring of Communications: Your communications with us via the Website, email, and telephone may be recorded or monitored and by using such communications methods you are consenting to the recording or monitoring of the same.

ADDITIONAL TERMS
You acknowledge that certain features of this Website, as well other products and services of Benchmark, including those that may be available through this Website, may be subject to terms, conditions and disclaimers in addition to these Terms of Use, and you agree that your use of such products and services will be subject to such additional terms, conditions and disclaimers.
Permission to Be Contacted: By submitting information to Benchmark through this Website or otherwise you are making an inquiry as to lending programs and services offered by Benchmark and give Benchmark permission to contact you through email, fax, or telephone, or any means, even if your phone number is on a "Do Not Call" list.

Agreement to Provide Accurate Information: In making a loan inquiry, application or in entering into any other transaction or request for information on this Website, you agree to provide accurate, true, current, and complete information upon which Benchmark may rely.

Your Cooperation Needed: Benchmark generally begins processing your application (which may include ordering an appraisal, credit report, title commitment and other necessary items) upon the submission of a full and complete application. If you submit an application, you agree to cooperate in the application process (including submitting all required documentation in a timely manner) and if needed, to obtain information Benchmark may need from third parties such as your bank, employer, current mortgage company, etc. In addition, you agree to notify Benchmark of any changes in any information submitted in connection with your application.

Reasonable Efforts: While Benchmark will use all of its reasonable efforts to have your application fully processed and closed on or before any applicable rate lock expiration date (if any) and/or anticipated closing date, some process are not under our control. For instance, Benchmark cannot be responsible for delays in loan approval or closing due to: the untimely receipt of an acceptable appraisal; the untimely receipt of required documentation; your existing home not selling; matters disclosed by a title commitment or survey; any other matters beyond Benchmark’s reasonable control.

Deposit / Refund Policy: When you submit a loan application, Benchmark will begin to process your application and, as a result, will advance on your behalf costs for certain third party expenses. If you do not fully cooperate in or complete the application process (including submitting all required documentation in a timely manner), choose to withdraw your application, or choose not to close the transaction for any reason, you may be required to pay for some or all of Benchmark’s third party costs. Please review your deposit agreement for details specific to your loan application.

GOVERNING LAW
You agree that these Terms of Use 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 of Use or the use of this Website shall be filed only in the state or federal courts located in Dallas, Texas, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

SEVERABILITY
You agree that if any provision of these Terms of Use shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of such other provisions