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RMLO - David Erminger
6836 Austin Center Blvd. #110
Austin, Texas 78731
Business Phone: 512-459-2456
Cell Phone: 512-573-7883
1.1.1. “Services” as used herein refers to the suite of services offered by PREAPP as listed at preapp1003.com.
1.1.2. “MLO” as used herein means the Mortgage Loan Originator identified on the registered PREAPP 1003 account.
1.1.3. “Customer” and you as used herein refers to the MLO’s customers using the Service.
1.1.4. “Legal Fees” means any attorney’s fees, paralegal fees, costs, and/or expenses related thereto.
1.1.5. “Software” means any necessary software used in connection with the Services.
2.1 MLO Responsibilities. Customer’s rights and responsibilities with respect to MLO are governed by its relationship with and any contracts with such MLO, and any disputes directly or indirectly related to such relationship and agreements shall be between Customer and MLO and shall not include PREAPP. PREAPP assumes no responsibility for any defect in a product or service provided by MLO or breach of agreements between MLO and Customer.
2.2 Third-party Providers. The Service may integrate with products or services provided by third parties with whom MLO has written or other agreements. Customer’s rights and responsibilities with respect to such third parties are governed by such agreements and applicable law, and any disputes directly or indirectly related to such agreements shall be between Customer and the third party and shall not include PREAPP. PREAPP assumes no responsibility for any defect in a product or service provided by such third parties or breach of agreements between
MLO, Customer, and such third parties. Notwithstanding the foregoing, under no circumstances is PREAPP obligated to provide instructions to, receive or store information or documentation transmitted by such third party service providers, or transmit data, documentation or other information to such third parties.
2.4 Privacy and Security. Whenever PREAPP comes into contact with “nonpublic personal information” as (defined in the Gramm-Leach Bliley Act and its implementing regulations) of Customers, MLO’s customers and consumers, PREAPP agrees to implement and maintain appropriate measures to protect the confidentiality of such information. Nonpublic personal information includes but is not limited to, name, address, income, Social Security number, relationship with Seller, loan information, credit history, bank history consumer reports, consumer file information, employment history, etc. PREAPP agrees to protect the confidentiality of all customer and consumer “nonpublic personal information” and that it will not be disclosed for any purpose other than the one for which it was received unless its disclosure is required by law. Customer agrees that at all times while MLO is using the Service, MLO is solely responsible for implementing and maintain appropriate measures to protect the
3.1. Fees for service are currently incurred by MLOs, not Customers. PREAPP reserves the right to charge fees for service to Customers in the future.
4.1. PREAPP will provide services through which customers may communicate with PREAPP by text or short code messaging through the PreApp 1003 program.
4.2. Customers can text PREAPP to 33655 and it will provide a web link for them to view PREAPP’s website.
4.3. Customers who opt in to PreApp 1003 will only get one alert. No messages will be sent after that.
4.4. There are no premium charges for joining our PreApp 1003 message Alerts service. However, message and data rates may apply.
4.5. To opt-out of the PreApp 1003 Alerts program, a subscriber can send or text STOP, END, QUIT, CANCEL or UNSUBSCRIBE to 33655. An unsubscribe message will be sent to their number confirming the cancellation, but no more messages will be sent after that one.
4.6. For support or information about PreApp 1003 Alerts service, anyone can send or text HELP to 33655. Optionally, one may email email@example.com or call toll free (888) 652-6515.
4.7. Supported Carriers. Alltel, AT&T, Cincinnati Bell, Dobson Cellular Systems, Inter Op, MetroPCS®, Nextel Communications, Sprint PCS, T-Mobile®, U.S. Cellular®, Verizon Wireless, and Virgin Mobile U.S. T-Mobile® is not liable for delayed or undelivered messages.
4.8. Privacy Focused.
4.8.1. PreApp 1003 Alerts’ top priority is the privacy of its users. The following is provided to address any concerns you may have.
4.8.2. PreApp 1003 will never, under any circumstances, sell or distribute your cell phone number to third parties or PreApp 1003 clients for whom you have not approved.
4.8.3. PreApp 1003 will never directly market to you any services for which you have not opted in, either by cell phone, text message or email.
4.8.4. PreApp 1003 will never distribute any personal information about you, including your phone number, name, billing information or any other piece of identifying information.
4.8.5. If any has any questions, they can call (888) 652-6515 or send an email to support preapp1003.com.
5.2. PREAPP may update its software and/or code, in whole or in part. These updates may require your computer to install additional third-party software.
6.1. Customer agrees to indemnify, hold harmless and defend PREAPP from and against any and all judgments, liabilities, damages, losses, expenses and costs (including, but not limited to, court costs and legal fees) incurred by and for which PREAPP provides notice to Customer within thirty (30) days of such claim which relate to the violation of any third party’s copyright or proprietary rights arising in connection with the provision of Services where such violation arises from PREAPP’s reliance on Customer’s instructions or specifications or where Customer or its agents modify any aspect of the results of the Service or provide falsified information via the Service.
7.1. TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, THE PARTIES MUTUALLY WAIVE ALL CLAIMS AND RIGHTS OF RECOVERY AGAINST EACH OTHER FOR ANY SPECIAL, EXEMPLARY, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING FROM OR RELATED TO THE SUBJECT-MATTER OF THIS AGREEMENT. CONSEQUENTIAL AND INDIRECT DAMAGES INCLUDE LOSS OF DATA, USE, INCOME, ANTICIPATED PROFITS ON UNPERFORMED WORK OR OTHER CONTRACTS OR PROJECTS, LOSS OF BUSINESS, GOODWILL OR REPUTATION OR OTHER CONSEQUENTIAL OR INDIRECT DAMAGES AS DEFINED BY APPLICABLE LAW.
7.2. TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, PREAPP'S TOTAL LIABILITY TO CUSTOMER FOR ANY AND ALL INJURIES, CLAIMS, LOSSES, EXPENSES, OR DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE SUBJECT MATTER OF THIS AGREEMENT FROM ANY CAUSE OR CAUSES OF ACTION INCLUDING BUT NOT LIMITED TO PREAPP’S NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY SHALL NOT
EXCEED THE AMOUNT OF THE FEES PAID BY CUSTOMER TO PREAPP UNDER THIS AGREEMENT DURING THE PREVIOUS 12 MONTH PERIOD IN WHICH SUCH CLAIM ARISES.
8. DISCLAIMERS OF WARRANTIES
8.1. THE SERVICES ARE PROVIDED TO YOU “AS IS”, “WITH ALL FAULTS”, “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW.
8.2. PREAPP SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: 8.2.1. ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CAPABILITIES, SECURITY, TIMELINESS, USEFULNESS AND/OR CONTENT OF:
188.8.131.52. PREAPP SERVICES; AND,
184.108.40.206. THE ABILITY OF THE SERVICES TO INTEROPERATE OR INTEGRATE WITH ANY THIRD-PARTY PRODUCTS SUCH AS SOFTWARE OR HARDWARE;
8.2.2. ANY WARRANTIES RESULTING FROM A COURSE OF DEALING OR USAGE OF TRADE;
8.2.3. ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;
8.2.4. ANY WARRANTIES OF NON-INFRINGEMENT; AND
8.2.5. ANY WARRANTIES REGARDING THE RIGHTS AND TITLE OF PREAPP IN THE SERVICE, OR ANY WARRANTY THAT THE SERVICES DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.
8.3. PREAPP IS NOT LIABLE FOR ANY INFORMATION, SOFTWARE OR OTHER PRODUCTS THAT ARE DOWNLOADED FROM SERVICES BY YOU OR INSTALLED ON YOUR COMPUTER. AS SUCH, PREAPP IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
8.4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
8.5. PREAPP MAKES NO WARRANTY THAT THE SERVICES WILL BE ERROR-FREE, AVAILABLE WITHOUT INTERRUPTION, TIMELY, OR MEET YOUR REQUIREMENTS.
8.6. PREAPP WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICES. HOWEVER, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE PREAPP SERVICES, OR OTHER INTERACTION WITH THE SERVICES. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICES. WE DO NOT WARRANT THAT (I) THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE,
(IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
9. EXCLUSIONS AND LIMITATIONS.
SOME JURISDICTIONS DO 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 MAY NOT APPLY TO YOU.
10. GENERAL PROVISIONS
10.1. Acknowledgement. You acknowledge that you have read, understood, and agreed to all terms contained herein.
the arbitration may be entered as a final judgment or order in any court of competent jurisdiction and enforced accordingly. All costs and expenses of the arbitration, including reasonable legal fees
(including, but not limited to, attorney’s fees, paralegal fees, etc.), shall be allocated among the parties as determined by the arbitrator or awarded to the prevailing party.
10.12.1. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof,
and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
10.12.2. The failure of PREAPP to insist, in any one or more instances, upon the performance of any of the terms of this Agreement or to exercise any right hereunder shall not be construed as a waiver of the future performance of any such term or the future exercise of such right.
10.15.1 The Services may not be accessed, viewed, downloaded or otherwise used in any country or location in which doing so would or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.
10.15.2 The Services may not be used within and are not directed at any country or region currently embargoed by the United States. By using the Services, you agree to the foregoing and you warrant that you are not located in, or under the control of, or a national or resident of any such country or region.
10.15.3 You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
10.16.2 PREAPP shall provide notice of such changes by posting the revised policies to the applicable PREAPP owned websites and by either (a) providing you a message the next time you login into your account or (b) sending you electronic mail to the email address you provided when creating your account.
This policy is effective as of and was last updated on January 24, 2016.
The mortgage loan that you have applied for involves various disclosures, records, and documents ("Loan
Documents"), including this eDisclosure Agreement. The purpose of this eDisclosure Agreement is to
make you aware that the Federal E-SIGN ACT allows us to provide these documents to you via electronic
means verse paper form once we obtain your consent. You will also be able to sign and authorize these
Loan Documents electronically, rather than on paper.
Before we engage in this transaction electronically, it is important that you understand your rights and responsibilities. Please read the following and affirm your consent to conduct business with us electronically.
In this consent, "we" "us" and "our" are used to refer to Capstar Lending, and to any assignee to whom we may propose to sell the loan or service the loan. For purposes of this eDisclosure Agreement, "eDisclosures" means the Loan Documents related to this transaction that are provided electronically, and "You" and "Your" mean the borrower(s) under the applicable loan to which such Loan Documents apply.
Please indicate your consent to receive electronic documents by checking the "I Accept" box below. You
are also confirming that you have the necessary computer software and hardware to accept the electronic
forms and that we have your valid, active e-mail address.
Please note that if you choose "I Decline" to accept documents electronically, this does preclude us for sending any Loan Documentation via e-mail as well as secure document transfer. If at a later date, you request that we e-mail any Loan Document, we will need this eDisclosure Agreement executed to acknowledge your acceptance.
Electronic Signature (eSignature): You consent and agree that your use of a key pad, touch screen, mouse or other device to sign or select an item, button, icon or similar act/action while using any electronic service we offer; or in accessing or making any transactions regarding any document, agreement, acknowledgement, consent, term, disclosure, or condition constitutes your signature, acceptance and agreement as if actually signed by you in writing. Further, you agree that no certification authority or other third party verification is necessary to validate your electronic signature; and that the lack of such certification or third party verification will not in any way affect the enforceability of your signature or resulting agreement between you and Capstar Lending. You understand and agree that your eSignature executed in conjunction with the electronic submission will be legally binding and such transaction will be considered authorized by you.
By affixing my electronic signature, I authorize Capstar Lending to obtain a credit report and that this information be used to pre-qualify me for a mortgage loan.
On June 30, 2000, President Clinton signed into law the The Electronic Signatures in Global and National Commerce Act (The E-Sign Act). The E-Sign Act makes e-signatures as legally binding as ink-and-paper signatures. The E-Sign Act also eliminates legal barriers to storing documents and sending notices electronically. A credit professional may now engage in e-credit transactions across state lines and the credit sale contract is valid in all states.
Neither the E-Sign Act nor the FCRA should bar a credit professional from obtaining an electronic consent to pull a credit report, and otherwise be in full compliance with the FCRA. However, the E-Sign Act requires that the consumer decides whether to use an e-signature or handwritten.