TERMS OF SERVICE AGREEMENT
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Fountain Mortgage, also known as Fountain Mortgage, 8340 Mission Rd, Ste 240, Prairie Village, KS 66206 and our subsidiaries and affiliates, in association with the use of the Fountain Mortgage website, which includes www.fountainmortgage.com, (the “Site”) and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is a mortgage website which has the following description:
Fountainmortgage.com provides information relating to our (Fountain Mortgage) portfolio of mortgage loans. Loans are underwritten and serviced by a select group of lenders. ALL loans are not approved until they meet all guidelines by the underwriting lender. Various third parties (i.e., title companies, etc.) may assist in the processing/service/closing of your loan. Borrowers are free to choose any needed third party provider. Borrowers are free to select any loan option. Servicing rights (who you make your monthly payments to) to your loan are subject to change. By submitting a “Quote” or “Rate Quote” request via our Site, you will be directly contacted by a licensed Loan Officer who will assist you in identifying the best mortgage for you. Any quote you receive is not an offer to lend. This website is not an offer to lend.
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS.
The user acknowledges and agrees that the services provided and made available through our website and applications, which may include, but are not limited to, some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms, and downloadable programs. At its discretion, Fountain Mortgage may offer additional website services and/or products, or update, modify or revise any current content and services, and this Agreement shall apply to any and all additional services and/or products and any and all updated, modified or revised services unless otherwise stipulated. Fountain Mortgage does hereby reserve the right to cancel and cease offering any of the aforementioned services and/or products. You, as the end user, acknowledges, accepts and agrees that Fountain Mortgage shall not be held liable for any such update, modification, revisions, suspensions or discontinuance of any of our services and/or products. Your continued use of the services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, modified, revised or modified terms, you must stop using the provided services.
Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided “AS-IS” and as such Fountain Mortgage. shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
Fountain Mortgage, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services, or any material on this Site. While Fountain Mortgage works to keep the information on this Site accurate, complete, and up-to-date, Fountain Mortgage cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness, or timeliness of the information.
Fountain Mortgage, herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Fountain Mortgage, or any other content providers supplying content services to Fountain Mortgage. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
CONTRIBUTIONS TO COMPANY WEBSITE
Fountain Mortgage. provides an area for our users to submit support requests and/or to contribute feedback to our website and/or support staff. When you submit questions, requests, ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:
- your Contributions do not contain any type of confidential or proprietary information;
- Fountain Mortgage shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
- Fountain Mortgage shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
- the contributor’s Contributions shall automatically become the sole property of Fountain Mortgage; and
- Fountain Mortgage is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
All users herein agree to insure and hold Fountain Mortgage, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any loss or expense or claim or demand, which may include, but is not limited to, reasonable attorney fees, made by any third party which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Fountain Mortgage services or your connection with their services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Fountain Mortgage’s sites.
Fountain Mortgage shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
As a user of Fountain Mortgage, you may cancel or terminate your account and/or access to our services by submitting a cancellation or termination request to firstname.lastname@example.org.
As a user, you agree that Fountain Mortgage may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit any account and/or access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
- any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
- by way of requests from law enforcement or any other governmental agencies;
- the discontinuance, alteration and/or material modification to our Services, or any part thereof;
- unexpected technical or security issues and/or problems;
- any extended periods of activity;
- any engagement by you in any fraudulent or illegal activities; and/or
- the nonpayment of any associated fees that may be owed by you in connection with you Fountain Mortgage’s account services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards such terminations.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Fountain Mortgage. shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Either Fountain Mortgage or any third parties, may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Fountain Mortgage shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or services made available on or through any such site or resource.
You do hereby acknowledge and agree that the Fountain Mortgage’s Services and any essential software that may be used in connection with our services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Fountain Mortgage or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Fountain Mortgage Services (e.g. Content or Software), in whole or part.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- THE USE OF FOUNTAIN MORTGAGE SERVICES ARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. FOUNTAIN MORTGAGE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- FOUNTAIN MORTGAGE AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICESNSORS MAKE NO SUCH WARRANTIES THAT (i) FOUNTAIN MORTGAGE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) FOUNTAIN MORTGAGE SERVICES SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE FOUNTAIN MORTGAGE SERVICES WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED SHALL BE CORRECTED.
- ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAIN BY WAY OF FOUNTAIN MORTGAGE SERVICES SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
- NO ADVICE AND/OR INFORMATION, DESPITE WETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM FOUNTAIN MORTGAGE OR BY WAY OF OR FROM OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED ELILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISON, EYE OR MUSCLE TWITCHES, LOSS OF AWARNESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT FOUNTAIN MORTGAGE AND OUR SUBISDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LAIBLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGILBE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
- THE USE OR INABILITY TO USE OUR SERVICE;
- THE COST OF PRECURING SUBSTITUTE GOODS AND SERVICES;
- UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
- STATEMENTS OR CONDUCT OF ANY SUCH THRID PARTY ON OUR SERVICE;
- AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Fountain Mortgage content is provided primarily for informational purposes, and no content that shall be provided or included in our services is intended for trading or investing purposes. Fountain Mortgage and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be third-party beneficiaries to this agreement.
Fountain Mortgage may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand and agree that all of Fountain Mortgage trademarks, copyright, trade name, service marks, and other Fountain Mortgage logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Fountain Mortgage. You herein agree not to display and/or use in any manner the Fountain Mortgage logo or marks.
This TOS constitutes the entire agreement between you and Fountain Mortgage and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Fountain Mortgage Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Fountain Mortgage services, affiliate services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Fountain Mortgage with regard to the TOS that the relationship between the parties shall be governed by the laws of the KS without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Fountain Mortgage, shall be filed within the courts having jurisdiction within the County of Johnson, KS or the U.S. District Court located in said state. You and Fountain Mortgage agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Fountain Mortgage fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
HOW TO CONTACT US
8340 Mission Rd, Ste 240
Prairie Village, KS 66206
Telephone: (913) 745-7000
Fax: (877) 334-9490