Terms and conditions

By using any of Defy Mortgage, LLC’s Products and/or Services, you acknowledge the Terms and Conditions (“Terms of Use” and/or “Terms”) set forth herein and agree to be bound by these Terms of Use. You also acknowledge that you have read and understand these Terms of Use and other policies described herein.

ALL USE OF THIS APPLICATION AND ALL TRANSACTIONS INVOLVING YOU AND OUR COMPANY ARE SUBJECT TO THESE TERMS AND CONDITIONS, ALSO REFERRED TO AS “TERMS OF USE” AND/OR “TERMS”. YOUR USE OF OUR APPLICATION, INCLUDING YOUR CONTINUING BEYOND OUR WEBSITE HOMEPAGE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS, REGARDLESS OF WHETHER OR NOT YOUR FULLY COMPLETE ANY APPLICATION WITH US OR TRANSACT ANY BUSINESS OF ANY KIND WITH US.  IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THIS APPLICATION.

These Terms apply to all sites, products and/or services of Defy Mortgage, LLC. and its affiliates and subsidiaries. You further expressly agree and acknowledge that you have reviewed and understand Defy Mortgage, LLC’s Privacy Policy and the Licensing and Disclosures provided by Defy Mortgage, LLC on its website and incorporated by reference as a part of the Terms of Use.

  1. Application Ownership and Permitted Use

This application is owned and operated by Defy Mortgage, LLC, 4101 Charlotte Ave, STE F186, Nashville, TN 37209 and is referred to herein as Defy Mortgage, LLC or “we” or “us” or “our” or “Company”.

Defy Mortgage expressly reserves the sole right, without notice to you, to deny access and use of the application to you.

By using this Defy Mortgage, LLC application, you agree to be subject to these Terms and Conditions as they appear each time you access this application, that you are at least 18 years of age, and that your consent to these Terms and Conditions are legally binding and enforceable upon you.

You agree that you will not use or attempt to use this application for any purpose that is not expressly permitted herein or for any other purpose for which you have not received the prior written approval of Defy Mortgage, LLC.  You further agree that you will not use this application in a manner that is in violation of any state or federal law, rule or regulation.

  1. User Accounts

If you are requesting access to information about Defy Mortgage, LLC or your personal information held and/or used by Defy Mortgage, LLC. on behalf of yourself only, this agreement is between Defy Mortgage, LLC. and you, personally. If you are requesting access on behalf of your employer, as an independent contractor on behalf of your contracting principal, or as an agent for any entity, this agreement is between Defy Mortgage, LLC, you personally, and your company. In that case, “you” means you and your company, unless the context requires otherwise. By requesting access as contemplated herein, you represent and warrant that you are duly authorized to represent your company and execute this Agreement on its behalf.

In order to establish a Defy Mortgage, LLC account or to gain access to some features, products and/or services offered by Defy Mortgage, LLC., you will have to create a login account. When creating your login account, you represent and warrant to us that the information you provide is accurate and complete in all respects. All registrations must be made by you, personally. Accounts registered by “bots” or other automated methods are not permitted under any circumstances. You may never use another’s login account without permission, and may not permit anyone else to use your login account. Single login accounts shared by multiple persons are not permitted under any circumstances.

You agree that you will be solely responsible for all activity that occurs on your account, whether or not authorized by you. Accordingly, it is extremely important that you engage in activity consistent with all laws, including, but not limited to, anti-spam and data privacy laws and regulations. Further, you are obligated to keep your password secure and you agree to notify us immediately in the event you become aware of, or suspect, any breach of security or unauthorized use of your account.

  1. Use of Certain Service Providers

To ensure a timely and efficient closing, seller and buyer may use certain Defy Mortgage, LLC Preferred vendors, service or product providers, whether referred by Defy Mortgage, LLC or selected by buyer, seller, or other person including but not limited to escrow, title, property insurance, home inspection, bridge or a rental mortgage loan and resale brokerage (“Service Providers”). In the event that the Customer obtains the right to purchase an Asset in the Defy Mortgage, LLC network, the Asset’s purchase and sale agreement (“PSA”) will identify these Service Providers.

  1. Other Websites

Deft Mortgage, LLC is not responsible for any hyperlinks to other non-Defy Mortgage, LLC websites. Any such hyperlinks are solely provided for your convenience and your use thereof is AT YOUR OWN RISK.  By using this website you acknowledge and agree that Defy Mortgage is not liable to you or any other person for any damages or claims that might result from your use of such hyperlinks or any content made available from such non-Defy Mortgage, LLC sources.

  1. Telephone Consent Contract and Recording Policy

By providing us with a telephone number for a mobile device, including a number that you later convert to a mobile device number, you are expressly consenting to receiving communications—including but not limited to prerecorded or artificial voice message calls, text messages, and calls or text messages made by an automatic telephone dialing system, and any other method of communication permitted by law—from us and our affiliates and agents at that number, about any product or services offered by Defy Mortgage, LLC. This express consent applies to each such telephone number that you provide to us now or in the future. Calls and messages may incur access fees from your mobile services provider. Your express consent applies to communications from us to a landline as well as a mobile, wireless, or similar device, even if you are charged fees by your service provider for the communications. You understand that you need not provide this consent as a condition of obtaining goods or services from Defy Mortgage, LLC, and that you may decline to provide or revoke your consent at any time by emailing [email protected] and as set forth in our Privacy Policy.

By providing us with a telephone number, you agree that Defy Mortgage, LLC may record any telephone conversation with you (or any another individual) during any telephone call to or from that number for training purposes, whether or not the call was initiated by you, and whether or not Defy Mortgage, LLC disclosed the fact that the call was recorded during the call.

  1. No Warranties; Limitation of Liability

YOU AGREE THAT YOUR USE OF ANY DEFY MORTGAGE, LLC APPLICATION SHALL BE AT YOUR SOLE RISK, AND THAT ALL CONTENT AND SERVICES ARE PROVIDED TO YOU “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE APPLICATION’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THERETO.

IN NO EVENT SHALL WE BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.