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, also 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
WEBSITE OWNERSHIP
This website is owned and operated by 5 Star Lending which is referred to below as “5 Star Lending” or “5 Star Lending” “we” or “us” or “Company” or “our.”
PERMITTED USE
You agree that:
your use of this website is subject to and governed by these Terms of Use,
you will only access or use this website and transact business with us if you are at least 18 years old,
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,
each use of this website by you indicates and confirms your assent to and agreement to be bound by these Terms of Use, and
these Terms of Use are a legally binding agreement between you and 5 Star Lending 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 5 Star Lending as a bona fide client of 5 Star Lending; you may not use or attempt to use this website or any part of this site for any purpose:
that interferes with or induces a breach of the contractual relationships between 5 Star Lending and its employees,
that is any way unlawful or prohibited, or that is harmful or destructive to anyone or their property,
that transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited Email, unsolicited commercial communications,
that transmits any harmful or disabling computer codes or viruses,
that harvests Email addresses from this site,
that transmits unsolicited Email to this site or to anyone whose Email address included the domain name under on this website,
that interferes with our network services;
that attempts to gain unauthorized access to our network services,
that suggests an express or implied affiliation with 5 Star Lending,
that impairs or limits our ability to operate this website or any other person’s ability to access and use this website, and/or
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 5 Star Lending as a bona fide client of 5 Star Lending.
that unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;
that harms minors in any way, including, but not limited to, transmitting or uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
that transmits or uploads pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;
that harms, threatens, harasses, abuses or intimidates another person in any way or involves images or content that depicts, promotes, encourages, indicates, advocates or tends to incite the commission of a crime or other unlawful activities;
that dilutes or depreciates the name and reputation of 5 Star Lending or any of its affiliates;
that transmits or uploads any content or images that infringes any third party’s intellectual property rights or infringes any third party’s right of privacy; or
that unlawfully transmits or uploads any confidential, proprietary or trade secret information.
ACCESS TO THIS WEBSITE
5 Star Lending 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.
USE OF THIS WEBSITE
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.
INTELLECTUAL PROPERTY RIGHTS
Web Page Content: You acknowledge and agree that:
all content, Web pages, source code, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, “look and feel”, and the operation of this website (collectively “Web Page Content”) are protected by various intellectual property laws, including, but not limited to, copyrights, patents, trade secrets, trademarks, and service marks; and
all rights associated with the Web Page Content are owned by 5 Star Lending, its licensors, or content providers.
Furthermore, you acknowledge and agree that you do not acquire any ownership rights by downloading or viewing any Web Page Content. You further acknowledge and agree that you will not in any way copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, transmit, modify, adapt, reverse engineer, frame in any Web page, or alter the appearance of any Web Page Content.
You may not use Web Page 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; meaning that you may not, among other prohibited uses, use any Web Page Content, domain names, Email addresses, data, trademarks, service marks, trade names, brand names and/or logos on or derived from this website:
in or as any meta-tag or hidden text;
in or as part of any contextual marketing directory, index, or triggering term;
as content or advertising related to any other website including, but not limited to, comparative/informational websites; and/or
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.
Submissions: You acknowledge and agree that all submissions to 5 Star Lending containing any comments, improvements, suggestions, and ideas 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 forever disclaim any proprietary rights in such submissions, and you acknowledge 5 Star Lending’s unrestricted right to use, publish, and commercially exploit, identical, similar, or derivative ideas originating from your submission, in any medium, now and in the future, without notice, compensation or other obligation to you or any other person.
Testimonials: You acknowledge and agree that all testimonials submitted to 5 Star Lending will become and remain our exclusive property, even if the provisions of these Terms of Use are later modified or terminated. This means that you irrevocably grant to 5 Star Lending the unrestricted right (now and in the future, without notice, compensation or other obligation to you or any other person) to use your statement, image, likeness, as they may be used, in any medium, in connection with an advertisement or for any other publicity purpose. You further agree that 5 Star Lending may use any percentage of your testimonial, image, likeness and/or works, in any way that it sees fit, and may exclude your name or use a fictions name herewith.
LINKING
Not Responsible For Links to Other websites: For your convenience, this website may provide links to other websites on the World Wide Web. Unless expressly stated otherwise on this website, 5 Star Lending 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 5 Star Lending 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. 5 Star Lending does not permit third-party advertising on this website. Except with the written permission of 5 Star Lending, you agree that you will not create links from any website or Web page to this website or any Web page within this website.
REVISIONS AND MODIFICATIONS
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. You further acknowledge and agree that individual modifications to the Terms of Use may not be altered by contract, unless expressly permitted in writing by the President/owner of 5 Star Lending.
LOCATION
You understand and acknowledge that 5 Star Lending 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 website 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 5 Star Lending 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
For information on how 5 Star Lending uses and protects the personal information that you may provide through this website, please visit: http://5starlending.net/privacy-policy/
DISCLAIMERS
The web page content on or available through this website are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, 5 Star Lending 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. 5 Star Lending makes no representation or warranty regarding the web page content or its use thereof. The web page content 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. 5 Star Lending has no obligation to maintain the currency or accuracy of any web page content on or available through this website.
You acknowledge and agree that 5 Star Lending is not, and shall not be, responsible for the results of any defects that may exist in this website or its operation. As to the operation of this website, 5 Star Lending 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. 5 Star Lending 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 5 Star Lending, 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 5 Star Lending 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 web page content 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 web page content on or available through this website. You agree that 5 Star Lending 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 5 Star Lending’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 of web page content thereon.
COMMUNICATIONS WITH COMPANY
Email Policy
5 Star Lending 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 Email, 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 Email, which are incorporated by reference into all Emails sent and received by our Team Members (i.e., our employees). Our communications with you via Email are conditioned upon your agreement to the following terms.
Email is an effective means of communicating a message. However, due to its brief and informal nature, Email 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 Emails, 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 Email responds to a voicemail, a fax follows-up a personal meeting, a voicemail responds to an Email, etc. Accordingly, Email, 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 Email by the Company may not put the Company on notice, timely or otherwise, of the matters contained within that Email.
Unless there is explicit and specific language and disclosures to the contrary, Emails from our Company do not contain or constitute an electronic signature, even if the sender’s name appears in the Email. Email 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.
Emails sent by our Team Members are confidential (and all attachments to such Emails 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 Email in error or if it was improperly forwarded to you, the information contained in the Email 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 Email, and delete or destroy the original and any copies. Any unauthorized use, disclosure, reproduction, or distribution is strictly prohibited. Emails 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.
Time Sensitive Instructions: When communicating with us through this website, PC-talk, chat or via Email, do not use the website, PC-talk, chat or Email 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, PC-talk, chat 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, and the like, are only made by 5 Star Lending in writing. Approvals, pre-qualifications and pre-approvals are conditional in accordance with there terms except as be specifically provided for in writing signed by 5 Star Lending.
Credit Reports: By applying for credit, you are authorizing 5 Star Lending to obtain a copy of your credit report. As a result, a “hard” inquiry may appear on your credit report. A hard inquiry may negatively affect your credit score.
E-Signature: General communications through this website, PC-talk, chat 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, PC-talk, chat 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.
CONTACT METHODS AND OPT-OUT
Agreement to calls and information sharing: If you submit to 5 Star Lending through this website or otherwise you are making an inquiry as to lending programs and services offered by 5 Star Lending. You understand and agree that if you submit an inquiry, we may share the information that you provide, including, but not limited to, your full name, birth date, address, telephone number, and social security number with our affiliates so that they may respond to your inquiry. You authorize 5 Star Lending to share your information, either as provided by you or as corrected by us. You acknowledge that 5 Star Lending is not a party to any agreement that you may make with an affiliate, and that the affiliate is solely responsible for its services to you. You understand that requirements for a particular product or service, including a mortgage, are determined by the affiliates and that 5 Star Lending does not endorse, warrant, or guarantee the products or services of any of its affiliates. Nothing in these Terms of Use or on this website constitutes an offer for a loan commitment or interest rate lock agreement. You agree that 5 Star Lending shall not be liable for any damages or costs which arise from your use of the affiliates’ goods or services.
By submitting your contact request for a loan product, you are consenting to be contacted by one or more Affiliates, including 5 Star Lending (www.5starcapital.com) real estate, commercial, and investment and by our mortgage partners by telephone (on a recorded line), automated calling, pre-recorded calling, text message, email, fax, telephone or any means, even if you have opted in to the National Do Not Call List, any state equivalent Do Not Call List or the internal Do Not Call List of any company. You understand that the Affiliates and Partners may maintain the information you submitted to us even if you decide not to use their services. In the event you no longer want to receive communications from an Affiliate or Partner, you agree to notify the Affiliate or Partner directly. You can opt-out by writing to cynthia@5starcapital.com
APPLICATION OF ADDITIONAL TERMS
You acknowledge that certain features of this website, as well other products and services of 5 Star Lending, 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.
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 5 Star Lending may rely.
YOUR COOPERATION NEEDED
5 Star Lending 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 5 Star Lending may need from third parties such as your bank, employer, current mortgage company, etc. In addition, you agree to notify 5 Star Lending of any changes in any information submitted in connection with your application.
REASONABLE EFFORTS
While 5 Star Lending 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, 5 Star Lending 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 5 Star Lending’s reasonable control.
DEPOSIT / REFUND POLICY
When you submit a loan application, 5 Star Lending 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 5 Star Lending third party costs.
GOVERNING LAW
You agree that these Terms of Use shall be governed by and construed in accordance with the laws of the State of California, 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 Santa Clara, California, 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.