TERMS OF USE
The following terms of use (“Agreement”) govern your use of the First American Funding website www.firstamericanfunding.com and the Customer Portal (collectively the “Site”) and any of the services (the “Services”) offered by First American Funding, (“First American Funding”) on and through our Site, including use of any the Site’s information and data, and participation in any public areas which may exist in the Site (the “Public Areas”).
Please read the requirements of this Agreement carefully. Your use of the Site or any of the Services constitutes your agreement to comply with the terms of this Agreement. If you cannot agree to and comply with this Agreement and its requirements, you are expressly prohibited from use of the Site and the Services and must exit the Site.
Use of Site
You may view and use the Site an or any information contained therein only in accordance with the terms of this Agreement. You may not modify, distribute, publish, license, create derivative works from, transfer or sell any information or content contained on the Site. The Site may be used only as contemplated by this Agreement. You agree to use the Site only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability all as determined by applicable law.
If you wish to use our Services, you will need to provide us with certain information, including information about your identity, finances, and business performance. With your permission, we may also access your banking information, obtain a credit report, retrieve bank account data, or collect other third-party data about you (collectively, the “Personal Information”).
Changes to Agreement and Additional Rules of Usage
First American Funding reserves the right, at any time and without prior notice, to modify, alter or update this Agreement. The date of the most recent revision will appear on this page. Your continued access to the Site and use of the Services by you will constitute your acceptance of any changes or revisions to this Agreement. First American Funding also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Site, which may be posted in the relevant parts of the Site and will be identified. Your continued use of the Site constitutes your agreement to comply with these additional rules.
Disclaimer
All information (hereinafter, the “Information”) posted on the Site is subject to change or removal without notice. First American Funding may make changes to the materials, products, features and services available at the Site at any time without notice. You may not use the Information for any commercial purpose, including without limitation: (I) distribution (electronically or otherwise); (II) resale; or (III) display, etc.
Information, Services, and other material available through the Site are furnished “As Is”, “at Your Own Risk” and “As Available”, without any warranty whatsoever. Although First American Funding has attempted to provide accurate Information on the Site, First American Funding assumes no responsibility for the accuracy, merchantability or completeness of the Information, Services or other material at the Site. The Information and all other materials on the Site are provided for general information purposes only and do not constitute professional advice of any kind.
All other warranties, express or implied, including any warranties of merchantability, fitness for any particular purpose, or non-infringement of intellectual property are specifically excluded and disclaimed. First American Funding does not warrant that the Information will meet user’s requirements and that the operation of the Services will be uninterrupted or error free, or that the Site or the server that makes it available are free of viruses or bugs.
First American Funding’s obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on the Site should be construed to alter such agreements. The materials and Services at the Site may be out of date and First American Funding makes no commitment to update the materials and Services at the Site. Limitation of Liability In no event will First American Funding, its suppliers, or other third parties mentioned at the Site be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost savings, lost data, business interruption or other special, consequential or incidental damages) arising out of or relating to the use, inability to use, or the results of use of the Site, any websites or other content linked to the Site, or any materials, information, product or service contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not First American Funding has been advised of the possibility of such loss or damages. If your use of the materials, Information or Services from the Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. For the avoidance of doubt, User is responsible for maintaining and protecting all of the information provided, transmitted, uploaded, imported or made accessible by using the Site. First American Funding will not be liable for any loss or corruption of such information, or for any costs or expenses associated with backing up or restoring any of such information.
Privacy Policy
In addition to reviewing this Agreement, you should also review our Privacy Policy, which is incorporated by reference into this Agreement, to better understand how we collect and use personal information. Your use of the Site and the Services constitutes your agreement to the terms and conditions of the Privacy Policy.
Intellectual Property
The Site, all information and intellectual property referenced on the Site, including, without limitation, patents, copyrights, logos, trademarks and trade secrets are legally owned by First American Funding or third parties. These rights apply to the Information, computer code of the Site, graphical design, products, company names, etc. All contents of the Site are protected by copyright and trademark rights, except as specifically permitted herein.
Links to Third-Party Websites or Third-Party Software Products
Links on the Site to third-party websites or software products (such as an invoicing or accounting software product that you are using) are provided as a convenience to you. If you use these links or software products, you might leave the Site. Some of the third-party software products may require you to have, and actually be signed-in to, an active user account for such third-party software product.
First American Funding has not reviewed any of these third-party sites or the applications or software products and does not control and is not responsible or liable for any of these sites or their content. Thus, First American Funding does not endorse or make any representations about them, or any information, software or other products or materials found on them, or any results that may be obtained from using them. If you decide to access any of the third-party websites or applications or software products linked to the Site, you do this entirely at your own risk and First American Funding assumes no liability for such use.
Ownership of the Site and Information
The Site is expressly owned and operated by First American Funding. Unless otherwise noted, the design and content features on the Site, including information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software and the like, as well as the selection, assembly and arrangement thereof (collectively: the “Information”), are owned by First American Funding or its affiliates or are licensed by First American Funding from third parties. The Site, each as a whole and in part, and the Information is protected by copyright, trademark, service mark, trade name, and other intellectual property and other proprietary rights, and all other applicable rights are reserved, and User shall abide by those laws. By furnishing Information, First American Funding does not grant any licenses to or transfer any title rights for any copyrights, patents or any other intellectual property rights.
Site Availability
First American Funding shall not be responsible for any disruption to the Site, regardless of length. First American Funding will not be liable for losses related to User’s inability to access content due to disruptions of the Site. First American Funding shall be excused from its performance of any obligations under this Agreement which are prevented or interfered with due to acts or conditions beyond the reasonable control of First American Funding.
Mobile Messaging Terms And Conditions
Last updated: July 23, 2024 First American Funding (“First American Funding”, “we”, or “us”) operates a mobile messaging program (the “Program”) subject to these Mobile Messaging Terms and Conditions (these “Mobile Messaging Terms”). The Program and our collection and use of your personal information is also subject to our Privacy Policy. By enrolling, signing up, or otherwise agreeing to participate in the Program, you accept and agree to these Mobile Messaging Terms and our Privacy Policy and our TOC.
SMS consent will not be shared with any third party and affiliates for marketing, nor will the phone numbers for SMS purposes
Program Description
We may send promotional and transactional mobile messages in various formats through the Program. Promotional messages advertise and promote our products and services and may include [promotions, specials, other marketing offers, and abandoned checkout reminders]. Transactional messages relate to an existing or ongoing transaction and may include [order notifications and updates, appointment reminders, and other transaction-related information]. Mobile messages may be sent using an automated technology, including an autodialer, automated system, or automatic telephone dialing system. Message frequency will vary [but will not exceed x messages per x]. You agree that we, our affiliates, and any third-party service providers may send you messages regarding the foregoing topics or any topic and that such messages and/or calls may be made or placed using different telephone numbers or short codes, except in connection with marketing purposes. We do not charge for mobile messages sent through the Program but you are responsible for any message and data rates imposed by your mobile provider, as standard data and message rates may apply for short message service and multimedia message alerts.
User Opt-In:
By providing your mobile phone number to us, you are voluntarily opting in to the Program and you agree to receive recurring mobile messages from us at the mobile phone number associated with your opt-in, even if such number is registered on any state or federal “Do Not Call” list. You agree that any mobile phone number you provide to us is a valid mobile phone number of which you are the owner or authorized user. If you change your mobile phone number or are no longer the owner or authorized user of the mobile phone number, you agree to promptly notify us at [insert email or other contact method]. Your participation in the Program does not require that you make any purchase from us and your participation in the Program is completely voluntary.
User Opt-Out and Support
You may opt-out of the Program at any time. If you wish to opt-out of the Program and stop receiving mobile messages from us, or you no longer agree to these Mobile Messaging Terms, reply STOP, QUIT, CANCEL, OPT-OUT, and/or UNSUBSCRIBE to the mobile number the message is sent from. You may continue to receive text messages for a short period while we process your request and you may receive a one-time opt-out confirmation message. You understand and agree that the foregoing is the only reasonable method of opting out. If you want to join the Program again, just sign up as you did the first time, and we will start sending messages to you again. For support, reply HELP to any mobile message from us. Our mobile messaging platform may not recognize requests that modify the foregoing commands, and you agree that we and our service providers will not be liable for failing to honor requests that do not comply with the requirements in these Mobile Messaging Terms. We may also change the telephone number or short code we use to operate the Program and we will notify you of any such change. You acknowledge that any requests sent to a telephone number or short code that has been changed may not be received by us and we will not be responsible for failing to honor a request sent to a telephone number or short code that has been changed.
Disclaimer of Warranty and Liability
The Program is offered on an “as-is” basis and may not be available in all areas, at all times, or on all mobile providers. You agree that neither we nor our service providers will be liable for any failed, delayed, or misdirected delivery of any mobile message or information sent through the Program.
Modifications
We may modify or cancel the Program or any of its features at any time, with or without notice. To the extent permitted by applicable law, we may also modify these Mobile Messaging Terms at any time. Any such modification will take effect when it is posted to our website. You agree to review these Mobile Messaging Terms periodically to ensure that you are aware of any modifications. Your continued participation in the Program will constitute your acceptance of those modifications.
Indemnification
You agree to indemnify First American Funding and its affiliates, directors, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims, actions, liabilities, damages, and costs (including attorney’s fees) (collectively, “Claims”) which may arise from your unauthorized use of the Site, Services or Information obtained through use of the Site or your breach of this Agreement. First American Funding reserves the right to assume the exclusive control of any such defense of any such Claim.
The Security of the Site
We maintain physical, electronic, and procedural safeguards and personnel policies, consistent with applicable laws that are designed to guard the Site, our systems and Information provided by our Users. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. In the event of a breach of the confidentiality or security of your personal information, we will reasonably attempt to notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using your most current email address on record with us.
Electronic Communications
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically or posted on the Site satisfy any legal requirement that such communications be in writing if such requirements are applicable.
Consent to Telephone Calls
You also expressly consent to receiving servicing, collection and other calls and messages, including autodialed and pre-recorded message calls, and SMS messages (including text messages) from us, our affiliates, marketing partners, agents, and others calling at their request or on their behalf, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers). Please note * SMS opt-in or phone numbers for the purpose of SMS are not being shared. Your cellular or mobile telephone provider will charge you according to the type of plan you carry. By providing us with a telephone number for a cellular phone or other wireless device, including a number that you later convert to a cellular number, you are expressly consenting to receiving communications, including but not limited to prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system, from us and our affiliates and agents at that number. This express consent applies to each such telephone number that you provide to us now or in the future and permits such calls for non-marketing purposes. Calls and messages may incur access fees from your cellular provider.
Jurisdiction and Governing Law
First American Funding makes no representation that the content, the Information, or the Services offered through the Site are appropriate, available or legal in any particular location. Those who choose to access the content, the Information, and the Services offered through the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Those who access the Site from locations outside Colorado are responsible for compliance with applicable local laws. Any claim relating to the Site or use of the Site or the Services will be governed by and interpreted in accordance with the laws of the State of Colorado, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of the Site will be brought in, and you hereby consent to the exclusive jurisdiction and venue in, the competent courts in Colorado or, at First American Funding’s sole election to binding arbitration before a single arbitrator pursuant to the American Arbitration Association’s Commercial Dispute Resolution Procedures, with such arbitration to take place in Denver, Colorado,.
You hereby agree to waive all defenses of lack of personal jurisdiction and forum non-conveniens. If any term or provision of this legal notice is for any reason held to be invalid, such invalidity shall not affect any other term or provision, and this legal notice shall be interpreted as if such term or provision had never been contained in this legal notice.
The User understands and agrees that, in addition to monetary damages, First American Funding shall be entitled to equitable relief where appropriate upon User’s breach of any portion of this Agreement.
Miscellaneous
User agrees that no joint venture, partnership, employment or agency relationship exists between User and First American Funding as a result of this Agreement or User’s use of the Site. User may not assign any part of its rights and obligations under this Agreement without First American Funding’s prior written consent. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. The terms of this Agreement are severable and may be construed to the extent of their enforceability in light of the parties’ mutual intent. The titles and subtitles in this Agreement are used for convenience only and are not to be considered in construing it.
General
First American Funding may revise these Terms of Use at any time by updating this page on the Site and in such event your continued use of the Site, shall constitute your acceptance of such updated Terms of Use. Accordingly, you should visit this page from time to time to review the then-current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at the Site.
This Terms of Use Agreement is Effective as of July 23, 2024.
