Website Terms of Use

These Terms of Use (“Terms”) govern your use of the www.primemortgagequote.com website (the “Site”) owned by Texana Bank NA d/b/a PrimeMortgageQuote.com (“PrimeMortgageQuote”, “us” “we”, and “Company”). By accessing or using the Site, you affirm that you have read, understood, and agree to these Terms. If you do not agree to these Terms, or are unable to comply with them, please do not use the Site.

Regardless of the device you use to access the Site, your use of the Site is subject to your compliance with these Terms, as well as any other written agreement between us and you. You also agree to comply with any additional rules, conditions, guidelines, or terms or conditions of use specific to the products or services provided by us or made available through the Site.

WE ARE ONLY WILLING TO MAKE THE SITE AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS. BY USING THE SITE, OR ANY PART OF IT, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPT THESE TERMS ON THAT ENTITY’S BEHALF, IN WHICH CASE “YOU” WILL MEAN THAT ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT ACCEPT ALL OF THESE TERMS, THEN WE ARE UNWILLING TO MAKE THE SITE AVAILABLE TO YOU. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE.

We may, in our sole discretion and in addition to any other remedies available to us, with or without cause or notice, withdraw, suspend, or discontinue at any time your use of the Site or any of its functions, features, materials, or Content (defined below).

You may not use this Site if you: (i) do not agree to these Terms; (ii) are not eighteen (18) years of age; or (iii) are prohibited from accessing or using this Site or any of this Site’s contents, products, or services by applicable law.

We may update these Terms from time to time. Please check the Terms each time you access or use the Site. If we make material changes to the Terms, we will post the revised Terms on the Site noting the revised effective date. Your continued access to or use of the Site after the effective date constitutes your acceptance of the new Terms.

Information about loan providers and loans may be provided on our website and may be subject to change without notice.

Your Personal Information (as that term is defined in our Privacy Policy) will be used and protected in accordance with our Privacy Policy

License and User Conduct

PrimeMortgageQuote grants you a personal, revocable, non-transferable, non-exclusive limited license to access and use the Site only for your personal purposes and strictly in accordance with these Terms and any rules or guidelines found on the Site. All rights not expressly granted in these Terms are reserved for PrimeMortgageQuote.

Your use of the Site pursuant to these Terms is limited to (1) receiving information about our company, Site, products, services, and business activities; (2) receiving information about the products and services of third-parties and links to those other businesses on our Site; 3) accessing the Site; and 4) collecting and sharing your information with us. You may access, download, and print Site materials only as necessary to transact business with us and receive information available on the Site and, in doing so, you must retain any and all notices, trademarks, and other markings found on Site materials.

You agree that you will comply with these Terms, any applicable Site guidelines, and that you will not engage in conduct or communications that: (a) are obscene, fraudulent, indecent, defamatory, abusive harassing, or threatening to others, or negatively impacts others’ ability to use the Site; (b) contain any viruses, malware, worms, time bombs, cancelbots, or other disabling devices, or other harmful components intended to, or that may, damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (c) advocate or encourage any illegal activity; (d) infringe on the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party; (e) violate the privacy of individuals, including, but not limited to other users of the Site; (f) engage in, assist, or encourage any conduct, activities, or communications that affect the operation, access, or usability of the Site for any other authorized user; (g) violate any applicable local, state, national, or international law(s); or (h) violate any rules of the Site as posted thereon. You also agree that you will not: (i) attempt to gain unauthorized access to any portion or feature of the Site or our systems, networks, or servers by hacking, password “mining” or any other illegitimate means: (j) access, acquire, copy, monitor, circumvent, or create derivative works from any portion of our Site, systems, networks, or servers to obtain or attempt to obtain any Content (defined below), materials, documents, or information through any means not purposely made available through the Site; or (k) sell, share, provide access to, license, or distribute any such Content, materials, documents, or information. We reserve the right to bar any such activities, uses, or users, in our sole discretion.

Except where expressly permitted, you may not rent, lease, lend, sell, redistribute, or license the Content or the Site or access to the same. You may not copy, adapt, distribute, attempt to derive the source code of, modify, or create derivative works of the Site, any updates, or any part thereof except as expressly permitted herein or as provided for on the Site.

We may make improvements, changes, or amendments to the information, services, products, and other materials on the Site, or terminate the Site at any time in our sole discretion.

The Site that may be accessed from, displayed on, or linked to from your mobile device or PC is not available in all languages or in all countries. We make no representations that the Site is appropriate or available for use in any particular location. To the extent you choose to access the Site, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, applicable local laws. We reserve the right to change, suspend, remove, or disable your access to the Site at anytime without notice and for any reason in our sole discretion. In no event will we be liable for the removal or disabling of access to the Site, whether temporary or permanent. We may also impose limits on the use of or access to the Site, or portions thereof, in any case, for any reason, and without notice or liability, again, in our sole discretion.

As a condition for using this website, you agree that you will not:
reproduce or republish Content from our site; sell, rent, or sub-license any Content from our website, (whether or not any of such acts are for commercial gain or advantage); exploit Content from our website for a commercial purpose, including Content that has been edited or modified; or show or display any Content from our website in public without the prior written consent of PrimeMortgageQuote; frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PrimeMortgageQuote without express written consent; or distribute Content from our website without the prior written consent of PrimeMortgageQuote.

To request PrimeMortgageQuote’s written consent for use of Content from this website in accordance with the Terms, send an email to: info@primemortgagequote.com

You must be 18 or older to access or utilize the Site.

Information You Provide

You agree that all information you provide to us or post on the Site will be true, accurate, current, and complete. You represent and warrant that you have the legal right to provide or post it, and that it does not violate any third party’s intellectual property or privacy rights. By uploading, sending, posting, or otherwise providing any information or material, you grant PrimeMortgageQuote an unrestricted, irrevocable, worldwide, non-exclusive license to use, reproduce, display, perform, modify, transmit and distribute it for the purposes associated with the Site as described above.

You agree that we may collect and use technical data and related information, including but not limited to, technical information about the device you use to access the Site. We may, in our legitimate interest in maintaining the Site, also collect information about the system and application software you use as well as information about device peripherals you employ. And we may collect information about your activities on the Site, like the duration and frequency of your usage sessions, information regarding your browsing history, whether you are a first-time or a returning user, links you clicked on while on the website, and your flow and navigation path through the website. This information is gathered periodically and facilitates the development of software updates, the provision of product support, and with the delivery of other services and products to you (if any). We may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services, Content or technologies to you. More information on the collection and use of this information, as well as other information we may collect from you through the Site can be found in our Privacy Policy.

Responsibility of Website Visitors

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. PrimeMortgageQuote disclaims any responsibility for any harm resulting from use by visitors of the Site, or from any downloading of content by those visitors.

Third-Party Sites and Information

Our Site may have links to other websites or it may refer to information, documents, software, materials, and/or services provided by other parties. We have no control over these websites or resources, nor do we sponsor or endorse them by implication. You agree that PrimeMortgageQuote is not responsible or liable for any content, advertising, or other materials available through these third-party websites and resources, and that we are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any content, goods, or services available through a third-party website or internet resource.

Certain parts of the Site may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”). By using the Site, you acknowledge and agree that PrimeMortgageQuote is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials, or for any other materials, products, or services of third parties.

If you link to our Site, you agree, pursuant to these Terms, to remove and/or disable such link should we so demand.

Indemnification

You agree to defend, indemnify, and hold PrimeMortgageQuote and its affiliates, partners, agents, and subsidiaries, harmless from all liabilities, claims, and expenses, including attorneys’ fees that arise from your use or misuse of the Site or the Content, or by your conduct that would constitute a breach of any of these Terms by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event, you will cooperate with us in asserting any available defenses.

Intellectual Property

If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the Site have been copied in a way that constitutes copyright infringement, you may submit a notification to our legal department as noted below. The entire content of the Site, including, but not limited to, text, graphics, data, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, other original works, and computer code, and the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content (collectively, “Content”) is protected by U.S. and international copyright, trademark, and other intellectual property laws and is owned, controlled, or licensed by or to PrimeMortgageQuote. Your use of the Site does not grant you any rights to the Site or any of the Content except as explicitly described on the Site.

The Site and its Content, except for those aspects which may be in the public domain, are protected from unauthorized copying and dissemination by U.S. and international laws and conventions, including those relating to copyright, trademark, trade dress, unfair competition, and intellectual property.

All trademarks, service marks, logos, taglines, copyrightable works, and trade dress depicted on the Site are owned, controlled or licensed by PrimeMortgageQuote, licensed to PrimeMortgageQuote, or are the property of their respective owners. You agree not to reproduce, imitate, alter, display, distribute, or use such intellectual property, in whole or in part, in any manner, without the prior written permission of PrimeMortgageQuote.

Other than as described here or on the Site, you may not copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit, or distribute, in any way (including “mirroring”) to any other computer, server, device, website, medium or commercial enterprise, any part of the Site or any Content without our express prior written consent.

Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or its Content except as permitted or consented to by these Terms.

Severability

If any part of these Terms and Conditions is found to be invalid or unenforceable, the remaining parts will remain in full effect.

Entire Agreement

Except as expressly provided in a separate license, service or other written agreement between you and PrimeMortgageQuote, these Terms constitute the entire agreement between you and PrimeMortgageQuote in relation to your use of this website and supersede all previous agreements with respect to your use of this website.

Term and Termination

This Agreement commences on the date you accept it by using this Site and continues until terminated in accordance with this paragraph. You may terminate your use of the Site without cause at any time. We may terminate access to and use of the Site: (i) at any time with or without cause, upon notice to you or (ii) upon termination of your relationship with PrimeMortgageQuote for any reason. The sections of this Agreement relating to the following shall survive any termination or expiration of this Agreement: Ownership of Content and Licensing of Content, Third Party Content and Linked Sites, Disclaimers and Limitations on Liability, Indemnification, Governing Law, Dispute Resolution and Miscellaneous. We shall have no obligation to maintain or provide you a copy of any of your data collected through the Site following termination or expiration of this Agreement, unless as otherwise specified in this Agreement, or unless legally required to be retained or provided to you. UPON TERMINATION OF YOUR ACCESS TO OR USE OF THE SITE, ANY INFORMATION STORED ON THE SITE, MAY NOT BE ACCESSIBLE THROUGH THE SITE.

PrimeMortgageQuote reserves the right to take such action as it deems appropriate if you breach any provision of these Terms or the representations, warranties and covenants made by you in connection with your use of this website, including without limitation, suspending your access to the website, blocking computers using your IP address from accessing the website, and if necessary, contacting your internet service provider to request that they block your access to the website, and filing a lawsuit against you.

Digital Millennium Copyright Act Notice

PrimeMortgageQuote respects the intellectual property rights of others and users of the Site are expected to do the same. We will investigate reports of alleged infringement and will take appropriate action to remove or disable access to any material found likely to be infringing.

If you believe our Site (or any portion of the Site) infringes upon your copyrights, please provide the following information:

• A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that has allegedly been infringed;
  
  
• A description of the copyrighted work that you believe has been infringed;
  
  
• The specific location on the Site of this allegedly infringing material;
  
  
• Your address, telephone number, and email address and any other pertinent information sufficient to allow us to contact you about the allegation;
  
  
• A statement by you that you have a good faith belief that the disputed use is not authorized by copyright owners, its agent, or the law; and
  
  
• The following statement: “I have a good faith belief that use of the copyrighted material described above is not authorized by the copyright owner or its agent, nor is such use otherwise permissible under law. I declare, under penalty of perjury, that the information presented herein is accurate, that I am authorized to represent the copyright holder, and I have a good faith belief that the use is infringing.”

Notices of claimed copyright infringement should be directed to: PrimeMortgageQuote , 10115 E. Bell Rd, STE 107-452, Scottsdale, AZ 85260 or by email at info@primemortgagequote.com with the subject line stating “Copyright.”

No Warranties

THE SITE AND ITS CONTENT ARE FOR GENERAL INFORMATION ONLY AND ARE PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND.

WE DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR WITHOUT PROBLEMS OR ERRORS, THAT DEFECTS IN OR ON THE SITE WILL BE APPARENT OR CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THE SITE OR ITS CONTENT AND OF ANY ACCESS TO OR USE OF THE SITE AND ITS CONTENT.

WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS REGARDING THE SITE AND ITS CONTENT, WHETHER EXPRESS OR IMPLIED, WRITTEN OR NOT, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE ARE IN FACT AWARE OF ANY SUCH PURPOSE).

WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ITS CONTENT.

Limitation Of Liability

UNDER NO CIRCUMSTANCES SHALL PRIMEMORTGAGEQUOTE, ITS EMPLOYEES, OFFICERS, MEMBERS, PARTNERS, AFFILIATES, AGENTS, ITS SUBSIDIARIES, OR ITS RELATED COMPANIES BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, OR INFORMATION CONTAINED WITHIN THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. THIS LIMITATION APPLIES WHETHER THE DAMAGES ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. NOTWITHSTANDING THESE LIMITATIONS, ANY LIABILITY UNDER THESE TERMS OF USE SHALL BE LIMITED TO THE COST INCURRED BY YOUR USE OF THE SITE, IF ANY, OR $500, WHICHEVER IS LESS.

The LIMITATION OF LIABILITY AND DAMAGES ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PRIMEMORTGAGEQUOTE. PRIMEMORTGAGEQUOTE WOULD NOT MAKE THIS SITE AVAILABLE TO USERS WITHOUT SUCH LIMITATION OF LIABILITY.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY IN WHOLE OR IN PART TO YOU.

Any claim under these Terms must be brought within one (1) year after the cause of action arises or such claim or cause of action is barred. Any claim brought by you is subject to the Limitation of Liability set forth above.

Our Rights to Injunctive Relief

You acknowledge and agree that any violation of these Terms of Use relating to the disclosure, use, copying, distribution, display or publishing of any information, products, services, or any Content made available through the Site by us or by third party licensors, including any software licensed hereunder, may result in irreparable injury and damage to PrimeMortgageQuote or its licensors that may not be adequately compensable in money damages, and for which PrimeMortgageQuote will have no adequate remedy at law. You, therefore, consent and agree that PrimeMortgageQuote may obtain injunctions, orders, or decrees as may be reasonably necessary to ensure compliance with these Terms of Use. You hereby waive any requirement of the posting of a bond that may apply for issuance of any injunctions, orders, or decrees.

Dispute Resolution

IN CONNECTION WITH YOUR USE OF THIS SITE, YOU AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS ARISING THEREFROM IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY CLAIM, except that you may assert claims in small claims court if your claims qualify. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND PRIMEMORTGAGEQUOTE, its employees, officers, directors, members, partners, affiliates and agents, successors and assigns and any third party involved in creating, producing or developing this website, or providing us with any products or services in connection with your use of this Site (collectively “PrimeMortgageQuote Parties”) arising from or relating in any way to your use of this Site, this Agreement, its interpretation or the breach, termination or validity thereof, the relationships which result from this Agreement (including relationships with third parties who are not signatories to this Agreement), PrimeMortgageQuote’s advertising or purchase of products or access to services that may be available on this Site SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION OR APPROPRIATE SMALL CLAIMS COURT. The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision including any unconscionability challenge or any other challenge that the arbitration provision or Agreement is void, voidable or otherwise invalid. The arbitration shall be administered by the American Arbitration Association (AAA). Arbitration proceedings shall be governed by this provision and the applicable procedures of the selected arbitration administrator, including any applicable procedures for consumer-related disputes, in effect at the time the claim is filed. The arbitration will be conducted by phone or through document submission. The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) may be entered as a judgment in any court of competent jurisdiction located in the state of Arizona.

Notwithstanding the foregoing, you and PrimeMortgageQuote agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Governing Law and Jurisdiction

These Terms and the resolution of any dispute related to these Terms, the Site, or the Content, will be governed by and construed according to the laws of Arizona, without regard for its conflicts of laws principles. Any action to enforce these Terms or a matter or dispute arising out of the Site or the Content will be held in and subject to the exclusive jurisdiction and venue of the federal and state courts located in Phoenix, Arizona

Failure by PrimeMortgageQuote to insist upon strict enforcement of any provision of these Terms will not be construed as a waiver of any provision or right held by PrimeMortgageQuote.

If any of these Terms are deemed invalid, void, or unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining term.

You may not assign or transfer your rights or obligations under the Terms, by operation of law or otherwise, without PrimeMortgageQuote’s prior written consent. Any attempt by you to assign or transfer you rights or obligations under these Terms, without such consent, will be null and void and of no effect. PrimeMortgageQuote may assign or transfer its rights and obligations under these Terms, at its sole discretion, without restriction. Subject to the foregoing, the rights and obligations of the parties under these Terms, where properly assigned, shall bind and inure to the benefit of the parties, their successors, and permitted assigns.

Contacting Us

For any questions you may have regarding these Terms of Use, please contact us at:

VIA MAIL: PrimeMortgageQuote, 10115 E. Bell Rd, STE 107-452, Scottsdale, AZ 85260

VIA EMAIL: info@primemortgagequote.com

Last modified: 10/03/2024