Legal Terms of Website Use
YOUR USE OF THIS WEBSITE AND YOUR TRANSACTIONS CONDUCTED WITH PLATINUM HOME MORTGAGE CORPORATION IN CONNECTION WITH THIS WEBSITE ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS, ALSO REFERRED TO AS "LEGAL TERMS OF WEBSITE USE". CLICKING ONTO WEB PAGES BEYOND THE WEBSITE'S HOMEPAGE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT WITH THE LEGAL TERMS OF WEBSITE USE WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH PLATINUM HOME MORTGAGE CORPORATION 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 LEGAL TERMS OF WEBSITE USE, YOU MAY NOT USE THIS WEBSITE.
I. WEBSITE OWNERSHIP
This website is owned and operated by Platinum Home Mortgage Corporation, 2000 Center Drive, Suite East D403, Hoffman Estates, IL 60192 (referred to below as "Platinum")
II. PERMITTED USE
You agree that:
1. your use of this website is subject to and governed by these Legal Terms of Website Use,
2. you will only access or use this website and transact business with us if you are at least 18 years old,
3. you will comply with and be bound by these Legal Terms of Website Use as they appear on this website each time you access and use this website,
4. each use of this website by you indicates and confirms your assent and agreement to be bound by these Legal Terms of Website Use, and
5. these Legal Terms of Website Use are a legally binding agreement between you and Platinum that will be enforceable against you.
You agree that you will not use or attempt to use this website for any purpose other than exploring or conducting mortgage-related business with Platinum as a bona fide customer or potential customer of Platinum; you may not use or attempt to use this website or any part of this site for any purpose:
1. that attempts to gain unauthorized access to Platinum’s network services,
2. that dilutes, disparages or depreciates the name and reputation of Platinum or any of its affiliates;
3. that harms minors in any way, including, but not limited to, transmitting or uploading content that violates child sexual exploitation laws, child pornography laws and laws prohibiting the depiction of minors engaged in sexual conduct; that transmits or uploads abusive, defamatory, discriminatory, harassing, hateful, obscene, offensive, pornographic, sexually explicit, threatening, violent, or otherwise objectionable content or images;
4. that harms, threatens, harasses, abuses or intimidates another person in any way or involves images or content that advocates, depicts, encourages, indicates, promotes or tends to incite the commission of a crime or other unlawful activities;
5. that harvests email addresses from this site,
6. that impairs or limits Platinum’s ability to operate this website or any other person's ability to access and use this website, and/or
7. that interferes with or induces a breach of the contractual relationships between Platinum and its employees,
8. that interferes with Platinum’s network services;
9. that is any way unlawful or prohibited, or that is harmful or destructive to anyone or their property,
10. that suggests an express or implied affiliation with Platinum or broker relationship with Platinum (without the express written permission of Platinum),
11. that transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited email, unsolicited commercial communications,
12. that transmits any harmful or disabling computer codes or viruses,
13. 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
14. that transmits unsolicited email to this site or to anyone whose email address includes the domain name on this website,
15. that unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;
16. that unlawfully transmits or uploads any confidential, proprietary or trade secret information.
17. 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-related business with Platinum as a bona fide customer or potential customer of Platinum.
III. WEBSITE ACCESS
Platinum 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.
IV. WEBSITE USAGE
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, telecommunications, Internet services, electrical power, and other products or services necessary or desirable for your access to and use of this website.
V. INTELLECTUAL PROPERTY RIGHTS
The following marks appearing on this website, including, but not limited to: PLATINUM HOME MORTGAGE CORPORATION®; DREAM LOAN®; PLATINUM SMART UNDERWRITER™ and the respective logos, emblems, slogans and designs are trademarks and/or service marks of Platinum Home Mortgage Corporation.
All other marks used on this website are the property of their respective owners.
You acknowledge and agree that:
• all content, Website 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 "Website 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 Website Content are owned by Platinum or content providers.
Furthermore, you acknowledge and agree that you do not acquire any ownership rights by downloading or viewing any Website Content. You further acknowledge and agree that you will not in any way adapt, copy, create derivative works from, distribute, perform, post, publish, reproduce, reverse engineer, transfer, transmit, modify, upload, frame in any Website page, or alter the appearance of any Website Content.
You may not use Website Content, domain names (in whole or in part), or email addresses related to or derived from this website, nor any data, functionality, service marks, trade names, trademarks, 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 Website Content, domain names, email addresses, data, service marks, trade names, trademarks, brand names and/or logos on or derived from this website:
• as a variable or data element in any algorithm that causes another Internet browser to appear on, over, or at the same time as Platinum’s website or controls the content of any other Internet browser window;
• as content or advertising related to any other website including, but not limited to, informational/comparative websites;
• in or as any meta-tag or hidden text; and/or
• in or as part of any contextual marketing directory, index, or triggering term.
You agree and acknowledge that all submissions to Platinum containing any suggestions, ideas, comments, and improvements regarding this website will become and remain Platinum’s exclusive property, including any future rights associated with such submissions, even if the Legal Terms of Website Use provisions are later revised or eliminated, thus signifying that you forever renounce any proprietary rights in such submissions, and you agree to and acknowledge Platinum’s unrestricted right to commercially exploit, publish, and use, similar, identical, or derivative ideas originating from your submission, in any method, now and in the future, without compensation, notice, or other obligation to you or any other person.
You acknowledge and agree that all testimonials submitted to Platinum will become and remain Platinum’s exclusive property, even if the provisions of these Legal Terms of Website Use are later revised or eliminated. Signifying that you irrevocably grant to Platinum the unlimited right (without compensation, notice or other obligation) to use your testimonial, photo, likeness, as they may be used, in any medium, in connection with an advertisement or for any other publicity purpose. You further agree that Platinum may use any portion of your testimonial, photo or likeness in any way that it sees fit, and may exclude your name or use a fictitious name herewith.
Blameless for Links to Other Websites
This website may provide links to other websites on the World Wide Web as a convenience. Platinum does not approve, control, endorse, or sponsor, unless expressly stated otherwise on this website; and Platinum is not in any way responsible for, any of the calculations, content, information, products, materials, or services available at or through any websites to which this website may provide a link. By using this website you agree and acknowledge that Platinum will not be liable or responsible to you or any other person for any claims or damages that might result from your use of such calculations, content, information, products, materials, or services.
No Advertising/No Links
Platinum does not allow third-party advertising on this website. You agree that you will not create links from any website to this website, except with the written permission of Platinum.
You understand and acknowledge that Platinum controls and operates this website from and provides information regarding mortgage-related products and services that are made available in the United States of America only. The products and services provided on this website will not 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 liable for compliance with all federal, state and local laws applicable to your access to and use of this website.
VIII. PRIVACY AND SECURITY
If you violate the Legal Terms of Website Use or make any unauthorized use of this website: (a) you may be in violation of copyright law, as well as applicable federal, state or local laws, and may be subject to penalties, and (b) you may be responsible for damages caused to Platinum. You agree to indemnify Platinum and its affiliates, and all of the agents, directors, employees, officers, and representatives of Platinum and its affiliates, against, and to hold all of them harmless from, all claims, 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 Legal Terms of Website Use.
THE WEBSITE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PLATINUM 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. PLATINUM MAKES NO REPRESENTATION OR WARRANTY REGARDING THE WEBSITE CONTENT OR ITS USE THEREOF. THE WEBSITE 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. PLATINUM HAS NO OBLIGATION TO MAINTAIN THE CURRENCY OR ACCURACY OF ANY WEBSITE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE. NOTHING ON PLATINUM’S SITE SHOULD BE CONSTRUED AS RENDERING TAX, LEGAL OR INVESTMENT ADVICE OR AS A RECOMMENDATION OR OPINION THAT YOU SHOULD MAKE ANY PURCHASE OR SALE OR PARTICIPATE IN ANY TRANSACTION.
YOU ACKNOWLEDGE AND AGREE THAT PLATINUM 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, PLATINUM 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. PLATINUM 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 PLATINUM, WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS OR COMPUTER EQUIPMENT CAUSED BY ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS WEBSITE.
XI. LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL PLATINUM 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 WEBSITE 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 PLATINUM SHALL NOT BE LIABLE EVEN IF PLATINUM OR ITS 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 PLATINUM'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.
XII. REVISIONS AND MODIFICATIONS
You acknowledge and agree that Platinum may update these Legal Terms of Website Use at any time, without notice to you, and you agree that you will be bound by the provisions of these Legal Terms of Website Use as they appear on this website at the time you access this website. As these Legal Terms of Website Use are subject to change, Platinum encourages you to refer back often to these Legal Terms of Website Use. You also acknowledge and agree that all other calculations, content, information, products, materials, or services on or available through this website are subject to change and updates without notice to you. You further acknowledge and agree that individual modifications to the Legal Terms of Website Use may not be altered by contract, unless expressly permitted in writing by the Chairman and President of Platinum.
XIII. USER NAMES AND PASSWORDS
Some features and areas of this website may be restricted to individuals who have obtained a user name and password by completing a registration process described on this website. Always protect and preserve the confidentiality of any user name, password or other identifying information you may obtain in connection with your use of this website. You agree to notify Platinum immediately if you believe your user name, 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 name, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any use of or access to this website that may occur after you have notified us that your user name, password or other identifying information has been lost, stolen or otherwise compromised.
XIV. COMMUNICATIONS WITH COMPANY
For information regarding Platinum’s email policy, please visit the Email Policy Terms & Conditions.
Time Sensitive Instructions
Communication via this website, chat or email should not be used for any time-sensitive instructions that are in any way related to or affect your mortgage transaction, mortgage application or mortgage closing (e.g., interest rates lock, rescission, cancellation of closing). Such instructions may not be honored. All instructions communicated on this website, chat or via email, must be confirmed in writing by us to be accepted by and binding upon us.
All pre-qualifications, pre-approvals, mortgage approvals, interest rate locks, deposit and refund agreements, and the like, are only made by Platinum in writing. Pre-qualifications, pre-approvals and mortgage approvals are conditional in accordance with their terms, except as specifically provided for in writing signed by Platinum.
General communications through this website, chat or via email are not intended by Platinum 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 and Monitoring of Communications
Your communications with Platinum via the website, chat, email, and telephone may be recorded and/or monitored and by using such communications methods you are consenting to the recording or monitoring of the same.
XV. CONTACT METHODS AND OPT-OUT
Agreement to Calls and Information Sharing
If you submit to Platinum through this website or otherwise, you are making an inquiry as to mortgage programs and services offered by Platinum. You understand and agree that if you submit an inquiry, Platinum 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 its affiliates so that they may respond to your inquiry. You authorize Platinum to share your information, either as provided by you or as corrected by Platinum. You acknowledge that Platinum 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 are determined by the affiliates and that Platinum does not endorse, warrant, or guarantee the products or services of any of its affiliates. Nothing in these Legal Terms of Website Use or on this website constitutes an offer for a loan commitment or interest rate lock agreement. You agree that Platinum 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 Freedom Title Corporation, Spirit of Freedom Insurance Agency and Landmark Executives LLC by telephone, 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 may maintain the information you submitted to Platinum even if you decide not to use their services. In the event you no longer want to receive communications from an Affiliate, you agree to notify the Affiliate directly. You can opt-out of various contact methods by visiting our Contact Us page.
XVI. APPLICATION OF ADDITIONAL TERMS
You acknowledge that certain features of this website, as well other products and services of Platinum, including those that may be available through this website, may be subject to terms, conditions and disclaimers in addition to these Legal Terms of Website Use, and you agree that your use of such products and services will be subject to such additional terms, conditions and disclaimers.
XVII. 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 Platinum may rely.
XVIII. YOUR COOPERATION NEEDED
Platinum generally begins processing your mortgage application (which may include ordering an appraisal, credit report, verifications, title commitment, and other necessary items) upon the submission of a full and complete mortgage application. If you submit a mortgage application, you agree to cooperate in the mortgage application process (including submitting all required documentation in a timely manner) and if needed, to obtain information Platinum may need from third parties such as your bank, employer, current mortgage company, etc. In addition, you agree to notify Platinum of any changes in any information submitted in connection with your application.
XIX. REASONABLE EFFORTS
While Platinum will use all of its reasonable efforts to have your mortgage application fully processed and closed on or before any applicable interest rate lock expiration date (if any) and/or anticipated closing date, some processes are not under Platinum’s control. For instance, Platinum cannot be responsible for delays in mortgage 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; and any other matters beyond Platinum's reasonable control.
XX. GOVERNING LAW
You agree that these Legal Terms of Website Use shall be governed by and construed in accordance with the laws of the State of Illinois, 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 Legal Terms of Website Use or the use of this website shall be filed only in the state or federal courts located in Cook County, Illinois, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
You agree that if any provision of these Legal Terms of Website 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 Legal Terms of Website Use and shall not affect the validity and enforceability of such other provisions.
XXII. DISCLOSURES AND LICENSES
For disclosures and licensing information please visit the Licensing page.
XXIII. COPYRIGHT INFRINGEMENT
Platinum is committed to protecting copyrights and expects you to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on the Platinum website infringes your copyright, you (or your agent) may send Platinum a notice requesting that the material be removed, or access to it blocked. If you believe that any material on www.phmc.com infringes a copyright, or any valid intellectual property right, please provide the following information to Platinum’s Legal Department.
1. A physical or electronic signature that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on www.phmc.com are intended to be covered by a single notification, a complete list of such works and details or descriptions as to their locations within the website;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Platinum to locate the material;
4. Information reasonably sufficient to permit Platinum to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please provide this information to Platinum’s DMCA Agent, who can be reached via email at [email protected] or by mail at:
Platinum Home Mortgage Corporation
Attn: Legal Department
2000 Center Drive, Suite East D403
Hoffman Estates, IL 60192
Due to information technology concerns, attachments cannot be accepted on notices sent via email. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
XXIV. YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code § 1798.83 permits Platinum’s visitors who are California residents to request certain information regarding their disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected] or write us:
Platinum Home Mortgage Corporation
Attn: Legal Department
2000 Center Drive, Suite East D403
Hoffman Estates, IL 60192
XXV. EQUAL OPPORTUNITY EMPLOYER
Platinum is an equal opportunity employer. Any complaints or concerns about Platinum's employment practices may be directed to Human Resources at (800) 953-6337.
XXVI. EQUAL HOUSING LENDER
Platinum is an Equal Housing Lender. Platinum does not engage in business practices that discriminate on the basis of race, color, religion, national origin, sex, marital status, age (provided you have the capacity to enter into a binding contract), because all or part of your income may be derived from any public assistance program, or because you have, in good faith, exercised any right under the Consumer Credit Protection Act. The federal agency that administers Platinum’s compliance with these federal laws is the Federal Trade Commission, Equal Credit Opportunity, Washington, D.C. 20580.
XXVII. ADDITIONAL TERMS
The products and services provided by Platinum are subject to additional terms, conditions and disclaimers.