Terms of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY, AS THEY GOVERN YOUR USE OF FEMBi MORTGAGE WEBSITES. BY USING A FEMBi MORTGAGE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, AS THEY MAY BE MODIFIED BY FEMBi MORTGAGE FROM TIME TO TIME AND POSTED ON THIS FEMBi MORTGAGE WEBSITE.

For purposes of these Terms and Conditions, “FEMBi Mortgage” refers to First Equity Mortgage Bankers, Inc., doing business as FEMBi Mortgage.

Each user of a FEMBi Mortgage website agrees as follows:

No Offer or Solicitation of Securities

FEMBi Mortgage operates several websites, any of which may include information, content, and documentation (collectively, “Information”) related to, or referenced in, the offering documentation for certain FEMBi Mortgage securities, including offering circulars and related supplements and agreements. FEMBi Mortgage securities may not be eligible for offer or sale in certain jurisdictions or to certain persons. The Information is provided for your general information only, is current only as of its specified date, and does not constitute an offer to sell or a solicitation of an offer to buy securities. All Information relating to FEMBi Mortgage securities is qualified in its entirety by the relevant offering circular and any related supplements. Investors should review the relevant offering circular and any related supplements before making a decision with respect to the purchase or sale of any security. In addition, before purchasing any security, please consult your legal and financial advisors for information about and analysis of the security, its risks, and its suitability as an investment in your particular circumstances.

Unauthorized Access, Copying, or Downloading

FEMBi Mortgage specifically prohibits access to any FEMBi Mortgage website for any unlawful purpose. Information on FEMBi Mortgage websites may be downloaded for personal use, but no portion of a FEMBi Mortgage website may be published, sold, republished, printed, copied, retransmitted, reposted, or displayed on a website or in other communication materials without FEMBi Mortgage’s prior written consent. See the content usage permission and linking policy for more details.

User Registration and Account Creation; Username and Password Security

If any portion of a FEMBi Mortgage website provides for registration or creation of a user account and you wish to register or create a user account, you agree to provide FEMBi Mortgage with accurate, truthful, and current registration information. You agree that you will not: (i) select a username that, to your knowledge, is already used by another person; (ii) use a username in which another person has rights without such person’s authorization; or (iii) use a username or password that FEMBi Mortgage deems inappropriate. FEMBi Mortgage has no obligation to verify the authenticity of any registration information but reserves the right to refuse to create your account for any reason. You are solely responsible for maintaining the confidentiality of your registration information and passwords. FEMBi Mortgage will have the right to rely upon any information received from any person using a password assigned to you and will incur no liability arising out of such reliance. FEMBi Mortgage reserves the right to terminate access to all or any portion of a FEMBi Mortgage website at any time without notice. Where applicable, FEMBi Mortgage will handle user information that you submit to a FEMBi Mortgage website in accordance with the website’s Privacy Policy.

Third-Party Links; Products and Services

Periodically, links may be established between a FEMBi Mortgage website and websites operated or content provided by third parties (“Third-Party Websites”). For purposes of these Terms and Conditions, the term “link” includes both outlinks (hypertext links to external websites or content) and inlinks (hypertext links that draw material from other sources into a FEMBi Mortgage website). Except to the extent expressly stated otherwise on a FEMBi Mortgage website, FEMBi Mortgage has no control over any such Third-Party Website. In addition, from time to time, products and services provided by third parties (“Third-Party Services”) may be offered for sale or made available through links from a FEMBi Mortgage website. Any such offer of Third-Party Services does not constitute an endorsement by FEMBi Mortgage of the Third-Party Services or the providers thereof. In no event will FEMBi Mortgage have any liability related to any Third-Party Website or any Third-Party Services.

SMS Terms & Conditions

For all SMS communications, reply HELP for help or STOP to cancel. Message and data rates may apply. Alerts sent via SMS may not be delivered if the mobile phone is not in range of a transmission site or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the wireless carrier’s control may interfere with message delivery, including the customer’s equipment, terrain, proximity to buildings, foliage, and weather conditions. The wireless carrier does not guarantee that alerts will be delivered and will not be liable for delayed or undelivered messages. To discontinue receiving SMS messages from FEMBi Mortgage, reply with the text STOP. For additional help, text HELP or contact webmaster@fembi.com or call 800-360-3279.

FEMBi Mortgage respects your right to privacy. You can view our privacy policy here.

Non-Confidentiality of Communications

If you send a message or information to a FEMBi Mortgage website, such as (but not limited to) an email to the Webmaster, you hereby grant FEMBi Mortgage the right to use and disclose the communication and any related information as FEMBi Mortgage deems appropriate, except to the extent the FEMBi Mortgage website or the website privacy policy specifies otherwise. YOU ARE HEREBY ADVISED THAT, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE ON A FEMBi MORTGAGE WEBSITE, NO FACILITIES ARE PROVIDED AND NO PROVISIONS ARE MADE FOR SENDING OR RECEIVING CONFIDENTIAL COMMUNICATIONS. TO THE EXTENT SUCH FACILITIES ARE PROVIDED OR PROVISIONS ARE MADE, IT IS SOLELY ON AN “AS IS” BASIS, WITH NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

No Warranties; Limitation of Liability

Although FEMBi Mortgage attempts to provide useful Information, FEMBi Mortgage does not guarantee that the Information posted on or linked to any FEMBi Mortgage website is accurate, current, or suitable for any particular purpose. FEMBi Mortgage assumes no obligation to update or continue to post or link to the Information. FEMBi Mortgage does not guarantee that access to any FEMBi Mortgage website will be uninterrupted, or that a FEMBi Mortgage website cannot be tampered with by third parties. While FEMBi Mortgage has implemented security measures designed to protect most information sent to the FEMBi Mortgage websites, FEMBi Mortgage does not guarantee that information sent to a FEMBi Mortgage website will not be obtained, reviewed, disclosed, or tampered with by third parties. THE FEMBi MORTGAGE WEBSITES, THE INFORMATION POSTED OR LINKED THERETO, AND ANY SOFTWARE RELATED THERETO ARE PROVIDED ON AN “AS IS” BASIS, WITH NO WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. USE OF THE FEMBi MORTGAGE WEBSITES, SUCH INFORMATION, AND SUCH SOFTWARE IS AT THE USER’S SOLE RISK. IN NO EVENT WILL FEMBi MORTGAGE BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO ANY FEMBi MORTGAGE WEBSITE (INCLUDING, BUT NOT LIMITED TO, ANY SOFTWARE RELATED THERETO), ANY THIRD-PARTY WEBSITE, ANY THIRD-PARTY SERVICES, OR ANY INFORMATION CONTAINED IN OR LINKED TO ANY FEMBi MORTGAGE WEBSITE OR ANY OTHER WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHETHER UNDER A CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EVEN IF FEMBi MORTGAGE IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

Choice of Law; Access Restrictions

These Terms and Conditions will be construed in accordance with the substantive laws of the State of Florida, United States of America, excluding provisions of Florida law concerning choice-of-law that would result in the laws of any state or country other than Florida being applied. Any claims, actions, or proceedings related to a FEMBi Mortgage website or these Terms and Conditions must be brought in the federal or state courts located in Miami, Florida. By using a FEMBi Mortgage website, you agree to submit to the jurisdiction of said courts for such purposes. FEMBi Mortgage operates the FEMBi Mortgage websites from its offices in Miami, Florida, United States of America. FEMBi Mortgage makes no representation or warranty that the information contained in or linked to any FEMBi Mortgage website is appropriate or legally available for distribution, display, or use in locations other than the United States of America, and access to such information from jurisdictions where such activities are not legal is strictly prohibited. If you access or use any information from or through a FEMBi Mortgage website, you are solely responsible for ensuring that such access and use are permissible under the laws of the jurisdiction in which you are located.

Export Laws

Software, Information, and encryption codes from FEMBi Mortgage websites may be subject to United States export control laws and regulations (“Export Laws”). No software, Information, or encryption codes may be downloaded from any FEMBi Mortgage website or otherwise exported or reexported (i) into (or to a national or resident of) any country to which the U.S. has embargoed goods; (ii) by or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders; or (iii) in a manner that otherwise violates the Export Laws. By downloading or using any such software, Information, or encryption codes, you represent and warrant that you will comply with all applicable Export Laws related thereto.

Supplemental Terms and Conditions

Supplemental or different terms and conditions than those set forth in these Terms and Conditions may be applicable to information you receive or transactions you engage in using a FEMBi Mortgage website. Any such supplemental or different terms and conditions (i) will be disclosed to you, either by being posted on the applicable FEMBi Mortgage website or by being included in a separate agreement, (ii) will be in addition to these Terms and Conditions, (iii) will, if expressly so indicated, supersede specific portions of these Terms and Conditions, and (iv) will be binding on you by virtue of your use of the applicable FEMBi Mortgage website.

Severability

The provisions of these Terms and Conditions are severable. If any such provision is determined to be unenforceable, such unenforceability will not affect any other provision of these Terms and Conditions, and the Terms and Conditions will be construed as if such unenforceable provision had not been contained herein. No waiver by FEMBi Mortgage of any right under or provision of these Terms and Conditions will be deemed to be either a waiver of any other such right or provision or a waiver of that same right or provision at any other time.

Indemnification

You agree to indemnify and hold harmless FEMBi Mortgage and each of its directors, officers, employees, and agents from and against any and all injuries, damages, losses, liabilities, claims, judgments, and settlements, including all reasonable costs, expenses, and attorneys’ fees, arising out of any action or claim related to any negligent or willful act or omission by you while accessing a FEMBi Mortgage website or your failure to comply with any of these Terms and Conditions.