TERMS AND CONDITIONS

Movement Mortgage, LLC (“Movement Mortgage,” “we,” “us,” or “our”) offers you use of the Movement Mortgage website located at https://movement.com/ (“Site”) and any content, functionality, information and services offered on or through the Site and your transactions conducted with us in connection with the Site (collectively, the “Services”) conditioned on your acceptance without modification of these Terms of Use (“Terms of Use”). As used in these Terms of Use, “you,” or “your” refers to: (i) any person who accesses or uses the Site and/or the Services; (ii) any electronic agent accessing or using the Site and/or the Services on behalf of any person or business entity; or (iii) the business entity on whose behalf a person or electronic agent is accessing or using the Site and/or the Services.

The Site and Services is intended for individuals who are at least 18 years of age and reside in the United States, the District of Columbia or the territories of the United States. If you are under 18 years of age or reside outside of the United States, District of Columbia or the territories of the United States, you should not be visiting this Site or utilizing our Services.

These Terms of Use are a binding agreement between you and Movement Mortgage. These Terms govern your access to and use of the Site and the Services and by using or accessing the Site or Services, you accept and agree to be bound by these Terms of Use.

You understand and agree that Movement Mortgage owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the Site and the Services, and all contents, features and functionality, including but not limited to, pages, screens, source codes, materials, data, information, text, displays, videos, services, graphics, design, layout, products, content, screen interfaces, and other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof (collectively, the “Content”), as well as the compilation, collection, design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content. For the avoidance of doubt, “Content” does not include any Third Party Links and Materials (as defined below) or any features, opportunities, or services made available through third party websites.

You acknowledge that the Site and the Services are proprietary to Movement Mortgage and are protected by intellectual property and other proprietary rights, laws, and treaties including, copyrights, patents, trade secrets, trademarks, and other intellectual property or proprietary rights laws, and that you acquire no ownership interest in the Site or the Services by accessing and using either.

Movement Mortgage grants you a personal, non-exclusive, non-transferable, revocable, limited license to use the Site and the Services solely for your personal, non-commercial, and internal use. Except as expressly provided in these Terms of Use, you may not copy, display, distribute, transmit, transfer, link to, reproduce, license, frame, alter, create derivative works of, reverse engineer, republish, sell, assign, grant a security interest in, or otherwise transfer any right in or access to the Site, the Services, or any other Content available via the Site or the Services without our prior written consent. You acknowledge and agree that you do not acquire any ownership rights of any kind by downloading materials from the Site. All rights not expressly granted to you in these Terms of Use are reserved and retained by Movement Mortgage.

You acknowledge that your use of this Site or Services imposes on you an obligation of proper use and conduct. Any of the following uses or attempted uses of the Site (i) for any unlawful, unauthorized, fraudulent, or malicious purpose; (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) that could interfere with any other party’s use or enjoyment of the Site or the Services; (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining, or any other means; (v) to access systems, data, or information not intended by Movement Mortgage to be made accessible by you; (vi) to attempt to obtain any materials or information through any means not intentionally made available by us; or (vii) for any use other than the purpose for which it is intended, is prohibited.

By submitting an inquiry or otherwise request that we contact you or by providing us (through registration on the Site, providing Services or otherwise) with an email address, telephone number or contact number for any mobile device or landline, you expressly consent to receiving communications for account maintenance, collection, loan and refinancing information and other related purposes from us, through email, a mobile device or landline, including, without limitation, prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system. This express consent applies to every email, telephone or contact number that you provide us now or in the future. You understand that you may decline to provide or revoke your consent at any time and that your consent is not a condition to obtaining goods or services from us. You may withdraw your consent at any time by calling our Customer Experience Team at the number below or writing to us at the address shown on your monthly billing statement. We will not charge a fee for withdrawal of your consent.

You further understand that communications through email or a mobile device may result in fees from your service provider. Note, we may monitor or record your call if you communicate with us by via a telephone or contact number.

By consenting to receive email or text messages, you understand that such communications are not SPAM. You should add our email address Send E-mail to support@mmservcing.com to your address book and accept email from us as not SPAM.

Certain areas of the Site may be restricted to users who have completed the registration process and obtained a user identification and password. During the registration process, you will be asked to provide an email address and telephone or contract number. By providing this information, you consent to us communicating with you in accordance with the above paragraph.

If any area of the Site requires registration prior to our granting you access, you agree to provide accurate and current information, including but not limited to a name and password as well as your name, address, telephone or contact number and a valid email address. It is your responsibility to keep this information updated. You must notify us immediately if your email address changes or is otherwise invalid by either changing your customer profile or calling customer service. If you fail to update or change an incorrect or invalid email address, you understand and agree that any email communications will be deemed to have been provided to you.

It is also your responsibility to protect and maintain the confidentiality of any user identification, password, or other identifying information in connection with your use of this Site. You agree to notify us immediately if you believe your Site log-in credentials has been lost, stolen, or otherwise compromised. You also acknowledge and agree that we will not be responsible for any losses arising out of your failure to notify us of unauthorized use, or any loss or damage you may incur as a result of someone else using your account, either with or without your permission or knowledge. Accordingly, you are solely responsible for all damages or claims that may arise from any access to or use of the Site by any person to whom you have provided your log-in credentials, or by any person who has obtained your information, including, but not limited to, any access to, or use of, this Site that may occur after you have provided notification that your log-in credentials have been lost, stolen, or otherwise compromised.

By completing the registration process, you will have access to information regarding your mortgage loan account (“Account”). You acknowledge that some of information regarding your Account contains your personal financial matters (“Personal Financial Information”) and consent to the display of such Personal Financial Information by electronic means.

After registration, your consent to communicate with you through a mobile device, landline or email shall remain in force until withdrawn. You may withdraw your consent at any time by calling customer service toll-free at 1-855-979-1084. We will not charge a fee for the withdrawal of your consent. A withdrawal of consent is effective only after you have communicated your withdrawal to us and we have had a reasonable period of time to act upon your withdrawal. Once effective, we will no longer communicate with you through email, mobile device or landline.

As a convenience to you, our Site may contain links to websites or materials from a third party not affiliated with us (“Third Party Links and Materials”). Such Third Party Links and Materials are not controlled by us and may be governed by their own terms of use and privacy statement. You agree and acknowledge that we are not responsible for examining any Third Party Links and Materials for validity, accuracy, completeness, legal compliance, timeliness, or any other feature.

We have no control over such Third Party Links and Materials and disclaim all liability to you or any other person for damages or claims arising from the use of, including but not limited to, the content, materials, information, products, functionality, privacy policies, services, calculations or security available at or through any Third Party Links and Materials. If you choose to link to any Third Party Links and Materials, we make no representations or warranties; express, implied or otherwise, of any kind regarding such Third Party Links and Materials. Your participation in any Third Party Links and Materials is based solely on the agreement, if any, between you and the linked website provider and at your own risk. A link to any Third Party Links and Materials does not imply our endorsement for the company’s opinions, ideas, products, information or services offered.

You acknowledge and agree that use of the Site and the Services is at your own risk. THE SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO, INFORMATION, CONTENT, MATERIALS, SOFTWARE AND FUNCTIONALITY CONTAINED IN THE SITE OR PROVIDED VIA THE SERVICES, ARE OFFERED BY US “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” WITH NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

YOU FURTHER ACKNOWLEDGE THAT WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, AFFILIATES AND THIRD-PARTY PROVIDERS, DO NOT REPRESENT OR WARRANT: (a) AGAINST INTERFERENCE WITH USER ENJOYMENT OF THE SITE OR SERVICES; (b) THAT THE SERVICES OR SITE WILL BE ACCURATE, CURRENT, COMPLETE, UNINTERRUPTED, SECURE, RELIABLE, FREE FROM ERRORS, OR APPROPRIATE FOR ANY PARTICULAR PURPOSE TO WHICH YOU ANY THIRD PARTY MAY CHOOSE TO PUT THEM; (c) THAT DEFECTS IN THE SITE OR SERVICES WILL BE IDENTIFIED OR CORRECTED; OR (d) THAT THE SITE AND THE SERVICES ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.

MOVEMENT MORTGAGE PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE SITE AND THE SERVICES WITHOUT NOTICE. FURTHER, MOVEMENT MORTGAGE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE OR THE SERVICES. MOVEMENT MORTGAGE SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE SITE OR THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OR RESTRICTION OF SOME WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, AFFILIATES OR THIRD-PARTY PROVIDERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OF OR RELIANCE ON THE SITE AND/OR THE SERVICES; (B) THE SECURITY OF THE SITE AND/OR THE SERVICES; (C) THE USE, COPYING, OR DISPLAY OF THE SITE AND/OR THE SERVICES OR THE TRANSMISSION OF INFORMATION TO OR FROM THE SITE OVER THE INTERNET; (D) MOVEMENT MORTGAGE’S PERFORMANCE OF, OR FAILURE TO PERFORM, ITS OBLIGATIONS IN CONNECTION WITH THESE TERMS OF USE AND THE SERVICES; (E) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY YOU, OR USERS OF THE SITE OR THE SERVICES, OR OTHER THIRD PARTIES; (F) THE AVAILABILITY, RELIABILITY, ACCURACY, TIMELINESS OR QUALITY OF THE SERVICES; OR (G) ANY LOSS OF ANY KIND, INCLUDING ANY LOSS ASSOCIATED WITH ANY VIRUSES OR OTHER SIMILAR HARMFUL PROGRAM OR SOFTWARE, PROPERTY DAMAGE, AND BODILY INJURY, WHETHER CAUSED BY ACCESS TO, OR USE OF, THE SERVICES OR THE SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, AFFILIATES OR THIRD-PARTY PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, LOST PROFITS, BUSINESS INTERRUPTION (OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES), ECONOMIC OR OTHER DAMAGES OF ANY KIND FOR ANY INJURY OR LOSS ARISING OUT OF, OR RELATED IN ANY WAY TO, THE SITE, THE SERVICES, THESE TERMS OF USE, OR ANYTHING DESCRIBED IN THE FOREGOING CLAUSES (A) THROUGH (G) OF THIS PARAGRAPH, OR ANY OTHER CAUSE BEYOND CONTROL OF MOVEMENT MORTGAGE EVEN IF WE HAVE BEEN ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS.

WITHOUT LIMITING THE FOREGOING, IF WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, AFFILIATES OR THIRD-PARTY PROVIDERS, ARE FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS OF USE, THE SITE, OR THE SERVICES, WE AND SUCH PARTIES’ CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED USD $100.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

You agree to defend, indemnify, and hold harmless us and each of our respective directors, officers, employees, agents, affiliates, contractors, licensors, licensees, suppliers, successors, and assigns harmless from and against all losses, liabilities, damages, claims, costs, and expenses, including attorneys' fees, brought by any third party in connection with, arising out of, relating to, or resulting from: (A) your violation of these Terms of Use; (B) any content, data, or information that you submit, post to, or transmit through the Site or the Services; (C) your access to and use of the Services or the Site, including such violation or misuses conducted by an agent; (D) your violation of any applicable law, regulation, or code; or (E) your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms of Use.

These Terms of Use constitute a contract between you and Movement Mortgage and supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Movement Mortgage. Movement Mortgage may assign its rights and duties under these Terms of Use at any time to any third party without notice. You may not assign these Terms of Use without the prior written consent of Movement Mortgage. These Terms of Use shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. In the event any of the terms or provisions of these Terms of Use shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired, and the unenforceable term or provision will be replaced by such enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision. Any waiver of any provisions contained in these Terms of Use by Movement Mortgage shall not be deemed to be a waiver of any other right, term, or provision of these Terms of Use. All rights not expressly granted herein are reserved. Neither these Terms of Use, nor any of the Services, create any partnership, joint venture, employment, or other agency relationship between Movement Mortgage and you. You may not enter into any contract on or behalf or bind us in any way.

You agree that any violation or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we have at law or in equity.

This Agreement shall be subject to, and construed in accordance with, the laws of the state of North Carolina (United States of America), excluding its conflict of laws principles. Any dispute, claim, controversy or other legal action brought by you that arises out of or in any way relates to these Terms of Use or your access to and use of the Site or the Services must be commenced within one year after the cause of action arises. You hereby expressly consent and irrevocably submit to the exclusive jurisdiction of the state and federal courts sitting in Mecklenburg County, North Carolina for resolution of any matters related to interpretation, construction, or enforcement of these Terms of Use or otherwise related to or in connection with your access to and use of the Site or the Services. You further expressly waive any claim that venue is improper for any reason in these courts.

If you have any questions regarding these Terms of Use, please contact us at https://movement.com/contact or calling our customer service at (877) 314-1499.