WEBSITE OWNERSHIP
This website is owned and operated by :
Stonecrest Lending
2005-C Main Street Oakley, Ca 94561
Phone : 925-625-1471
Fax : 925-848-0740
E-mail : info@StonecrestLending.net
which is referred to below as "Stonecrest Lending" or "we" or "us" or "Company"
or "our."
YOUR USE OF THIS WEBSITE AND YOUR TRANSACTIONS CONDUCTED WITH THE COMPANY IN
CONNECTION WITH THIS WEBSITE ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS,
ALSO REFERRED TO AS "TERMS OF USE". CLICKING ONTO WEB PAGES BEYOND THE WEBSITE'S
HOMEPAGE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT WITH THE TERMS OF USE WHETHER
OR NOT YOU COMPLETE A TRANSACTION WITH THE COMPANY AND WHETHER OR NOT YOU COMPLETE
YOUR TRANSACTION ON THE WEBSITE OR THROUGH OTHER CHANNELS, SUCH AS BY PHONE, BY
E-MAIL, FACSIMILE OR OTHERWISE. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU MAY
NOT USE THIS WEBSITE.
PERMITTED USE
You agree that:
- your use of this website is subject to and governed by these Terms of Use,
- you will only access or use this website and transact business with us if you are
at least 18 years old,
- you will comply with and be bound by these Terms of Use as they appear on this website
each time you access and use this website,
- each use of this website by you indicates and confirms your assent to and agreement
to be bound by these Terms of Use, and
- these Terms of Use are a legally binding agreement between you and Stonecrest Lending
that will be enforceable against you.
- you will not use or attempt to use this website for any purpose other than conducting
mortgage banking related business with Stonecrest Lending as a bona fide client
of Stonecrest Lending.
You may not use, attempt to use this website or any part of this site for any purpose
- that interferes with or induces a breach of the contractual relationships between
Stonecrest Lending and its employees,
- that is any way unlawful or prohibited, or that is harmful or destructive to anyone
or their property,
- that transmits any advertisements, solicitations, schemes, spam, flooding, or other
unsolicited e-mail, unsolicited commercial communications,
- that transmits any harmful or disabling computer codes or viruses,
- that harvests e-mail addresses from this site,
- that transmits unsolicited e-mail to this site or to anyone whose e-mail address
included the domain name under on this website,
- that interferes with our network services;
- that attempts to gain unauthorized access to our network services,
- that suggests an express or implied affiliation with Stonecrest Lending or broker
relationship with Stonecrest Lending(without the express written permission of Stonecrest
Lending),
- that impairs or limits our ability to operate this website or any other person's
ability to access and use this website, and/or
- 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 banking related
business with Stonecrest Lending as a bona fide client of Stonecrest Lending.
ACCESS TO THIS WEBSITE
Stonecrest Lending 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.
USE OF THIS WEBSITE
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, electrical power, telecommunications, Internet services,
and other products or services necessary or desirable for you to access and use
this website.
INTELLECTUAL PROPERTY RIGHTS
The following marks appearing on this website, including, but not limited to: LoanTRAK®;
Intractive®; and the respective logos, emblems, slogans and designs are trademarks
and/or service marks of Stonecrest Lending Inc.
"LoanTRAK®" is a registered trade mark of Intractive, used under license.
All other marks used on this website are the property of their respective owners.
Web Page Content: You acknowledge
and agree that: all content, Web 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 "Web
Page 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 Web Page Content are owned by Stonecrest Lending,
its licensors, or content providers.
Furthermore, you acknowledge and agree that you do not acquire any ownership rights
by downloading or viewing any Web Page Content. You further acknowledge and agree
that you will not in any way copy, reproduce, publish, create derivative works from,
perform, upload, post, distribute, transfer, transmit, modify, adapt, reverse engineer,
frame in any Web page, or alter the appearance of any Web Page Content.
You may not use Web Page Content, domain names (in whole or in part), or e-mail
addresses related to or derived from this website, nor any data, trademarks, functionality,
service marks, trade names, 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 Web Page Content, domain names, e-mail addresses, data, trademarks,
service marks, trade names, brand names and/or logos on or derived from this website:
- in or as any meta-tag or hidden text;
- in or as part of any contextual marketing directory, index, or triggering term;
- as content or advertising related to any other website including, but not limited
to, comparative/informational websites; and/or
- as a variable or data element in any algorithm that causes another Internet browser
to appear on, over, or at the same time as the Company's website or controls the
content of any other Internet browser window.
Submissions: You acknowledge and
agree that all submissions to Stonecrest Lending containing any comments, improvements,
suggestions, and ideas regarding this website will become and remain our exclusive
property, including any future rights associated with such submissions, even if
the provisions of these Terms of Use are later modified or terminated. This means
that you forever disclaim any proprietary rights in such submissions, and you acknowledge
Stonecrest Lending unrestricted right to use, publish, and commercially exploit,
identical, similar, or derivative ideas originating from your submission, in any
medium, now and in the future, without notice, compensation or other obligation
to you or any other person.
Testimonials: You acknowledge and
agree that all testimonials submitted to Stonecrest Lending will become and remain
our exclusive property, even if the provisions of these Terms of Use are later modified
or terminated. This means that you irrevocably grant to Stonecrest Lending the unrestricted
right (now and in the future, without notice, compensation or other obligation to
you or any other person) to use your statement, image, likeness, as they may be
used, in any medium, in connection with an advertisement or for any other publicity
purpose. You further agree that Stonecrest Lending may use any percentage of your
testimonial, image, likeness and/or works, in any way that it sees fit, and may
exclude your name or use a fictions name herewith.
LINKING
Not Responsible For Links to Other websites:
For your convenience, this website may provide links to other websites on the World
Wide Web. Unless expressly stated otherwise on this website, Stonecrest Lending
does not endorse, approve, sponsor or control, and we are not in any way responsible
for, any of the content, services, calculations, information, products or materials
available at or through any websites to which this website may provide a link. By
using this website you acknowledge and agree that Stonecrest Lending will not be
responsible or liable to you or any other person for any damages or claims that
might result from your use of such content, services, calculation, information,
products or materials.
No Advertising / No Links. Stonecrest
Lending does not permit third-party advertising on this website. Except with the
written permission of Stonecrest Lending, you agree that you will not create links
from any website or Web page to this website or any Web page within this website.
REVISIONS AND MODIFICATIONS
You agree and acknowledge that we may revise or change these Terms of Use at any
time, without notice to you, and you agree that you will be bound by the provisions
of these Terms of Use as they appear on this website at the time you access this
website. Because these Terms of Use may change, we encourage you to refer back often
to these Terms of Use. In addition, you agree and acknowledge that all other content,
services, products and materials on or available through this website are subject
to updating and revision without notice to you. You further acknowledge and agree
that individual modifications to the Terms of Use may not be altered by contract,
unless expressly permitted in writing by the President of Stonecrest Lending.
LOCATION
You understand and acknowledge that Stonecrest Lending controls and operates this
website from within the United States of America. This website provides information
regarding services and products that are made available in the United States only.
We make no representation that the services or products about which information
may be provided on this website will 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 responsible for compliance with all federal, state and local laws applicable
to your access to and use of this website.
USER IDs AND PASSWORDS
Certain areas or features of this website may be restricted to users who have obtained
a user identification and password by completing a registration process described
on this website. Please be sure to protect and maintain the confidentiality of any
user identification, password or other identifying information you may obtain in
connection with your use of this website. You agree to notify Stonecrest Lending
immediately if you believe your user identification, 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 identification, password or other identifying information, or by any person
who has obtained such information from you, including, but not limited to, any access
to or use of this website that may occur after you have notified us that your user
identification, password or other identifying information has been lost, stolen
or otherwise compromised.
PRIVACY AND SECURITY
For information on how Stonecrest Lending uses and protects the personal information
that you may provide through this website, please email security@StonecrestLending.net
INDEMNIFICATION
If you make any unauthorized use of this website or violate the Terms of Use: (a)
you may be in violation of copyright and other laws of the United States, as well
as applicable state laws, and may be subject to penalties, and (b) you may be responsible
for damages caused to the Company. You agree to indemnify Stonecrest Lending and
its affiliates, vendors and licensors, and all of the employees, officers, directors,
agents and representatives of Stonecrest Lending and its affiliates, vendors and
licensors, against, and to hold all of them harmless from, all costs, 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 Terms of Use.
DISCLAIMERS
THE WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE UNDER APPLICABLE LAW, Stonecrest Lending 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. Stonecrest Lending
MAKES NO REPRESENTATION OR WARRANTY REGARDING THE WEB PAGE CONTENT OR ITS USE THEREOF.
THE WEB PAGE 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. Stonecrest Lending HAS
NO OBLIGATION TO MAINTAIN THE CURRENCY OR ACCURACY OF ANY WEB PAGE CONTENT ON OR
AVAILABLE THROUGH THIS WEBSITE.
YOU ACKNOWLEDGE AND AGREE THAT Stonecrest Lending 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, Stonecrest Lending 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.
Stonecrest Lending 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 Stonecrest Lending, WILL BEAR THE ENTIRE COST OF ALL SERVICING,
REPAIR, CORRECTION OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE
PROGRAMS OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS
YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS WEBSITE.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL Stonecrest Lending 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 WEB PAGE 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 Stonecrest Lending SHALL NOT BE LIABLE
EVEN IF WE OR OUR 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 Stonecrest Lending' 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.
COMMUNICATIONS WITH COMPANY
E-mail: For information regarding
our e-mail policy, please email : email@StonecrestLending.net
Time Sensitive Instructions: When
communicating with us through this website, PC-talk, chat or via e-mail, do not
use the website, PC-talk, chat or e-mail to communicate any time-sensitive instructions
that are in any way related to or affect your loan, loan application or closing
(such as interest rates locks, cancellation of a closing, rescissions, or the like).
Such instructions may not be honored. All transactions conducted on this website,
PC-talk, chat or via e-mail, must be confirmed in writing by us to be accepted by
and binding upon us.
Loan Approvals: All loan approvals,
pre-qualifications, pre-approvals, rate locks, deposit and refund agreements, and
the like, are only made by Stonecrest Lending in writing. Approvals, pre-qualifications
and pre-approvals are conditional in accordance with there terms except as be specifically
provided for in writing signed by Stonecrest Lending.
E-Signature: General communications
through this website, PC-talk, chat or via e-mail are not intended by us 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 & Monitoring of Communications:
Your communications with us via the website, PC-talk, chat e-mail, and telephone
may be recorded or monitored and by using such communications methods you are consenting
to the recording or monitoring of the same.
CONTACT METHODS AND OPT-OUT
Permission to Be Contacted: By
submitting information to Stonecrest Lending through this website or otherwise you
are making an inquiry as to lending programs and services offered by Stonecrest
Lending and give Stonecrest Lending permission to contact through e-mail, fax, or
telephone, or any means, even if your phone number is on a "Do Not Call" list. Permission
to Share Your Information: When you "submit" information through the Stonecrest
Lending website or otherwise, Stonecrest Lending may send your information to its
affiliates. If you do not want your information shared with Stonecrest Lending affiliates,
you modify your preference by modifying your profile at by
HyperLink.
Opt-out: For information regarding
our Opt-out policy, please email: outOut@StonecrestLending.net.
APPLICATION OF ADDITIONAL TERMS
You acknowledge that certain features of this website, as well other products and
services of Stonecrest Lending, including those that may be available through this
website, may be subject to terms, conditions and disclaimers in addition to these
Terms of Use, and you agree that your use of such products and services will be
subject to such additional terms, conditions and disclaimers.
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 Stonecrest Lending may rely.
YOUR COOPERATION NEEDED
Stonecrest Lending generally begins processing your application (which may include
ordering an appraisal, credit report, title commitment and other necessary items)
upon the submission of a full and complete application. If you submit an application,
you agree to cooperate in the application process (including submitting all required
documentation in a timely manner) and if needed, to obtain information Stonecrest
Lending may need from third parties such as your bank, employer, current mortgage
company, etc. In addition, you agree to notify Stonecrest Lending of any changes
in any information submitted in connection with your application.
REASONABLE EFFORTS
While Stonecrest Lending will use all of its reasonable efforts to have your application
fully processed and closed on or before any applicable rate lock expiration date
(if any) and/or anticipated closing date, some process are not under our control.
For instance, Stonecrest Lending cannot be responsible for delays in loan 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; any other matters beyond Stonecrest Lending' reasonable
control.
DEPOSIT / REFUND POLICY
When you submit a loan application, Stonecrest Lending will begin to process your
application and, as a result, will advance on your behalf costs for certain third
party expenses. If you do not fully cooperate in or complete the application process
(including submitting all required documentation in a timely manner), choose to
withdraw your application, or choose not to close the transaction for any reason,
you may be required to pay for some or all of Stonecrest Lending third party costs.
Please review your deposit agreement for details specific to your loan application.
GOVERNING LAW
You agree that these Terms of Use shall be governed by and construed in accordance
with the laws of the State of Michigan, 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 Terms of Use or the use of this website shall be filed only
in the state or federal courts located in Wayne County, Michigan, and you hereby
consent and submit to the personal jurisdiction of such courts for the purposes
of litigating any such action.
SEVERABILITY
You agree that if any provision of these Terms of 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 Terms of Use and shall not affect the validity
and enforceability of such other provisions.
DISCLOSURES AND LICENSES
For disclosures and licensing information please email: legal@StonecrestLending.net
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.