Your use of this service and your transactions conducted with Texas Mortgage Plan, powered by Legacy Mortgage in connection with this service are subject to the following terms and conditions, also referred to as “TERMS OF USE”. Please read these Terms of Use carefully, and keep a copy of them for your reference. If you do not agree to the Terms of Use, you may not use this service.
- LOAN CENTER
Legacy Mortgage App (the “Service”) is owned and operated by SimpleNexus. The Service is a document management portal and includes features for uploading, downloading, and managing documents and information related to obtaining a mortgage. You agree to provide accurate, true, current, and complete information when making a loan inquiry, application, or in entering into any other transaction or request for information through this Service. The Service is not intended as a backup or storage system. You are responsible to maintain backup copies of all of your personal information, documents, and communications submitted to the Service.
This Service is a document management portal and is not intended for regular communication with your loan officer or other Texas Mortgage Plan representatives. Any sensitive or urgent communications (such as interest rate locks, cancellation of a closing, rescissions, or other similar messages) should be communicated (i.e. calling or emailing) with your loan officer or Legacy representative directly. Legacy cannot make any guarantee that any such communications received through the Service will be honored in a timely manner.
- REASONABLE EFFORTS
While Texas Mortgage Plan and Legacy Mortgage 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 processes are not under our control. For instance, Legacy 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; or any other matters beyond Legacy’s reasonable control.
ACCESSING THE SERVICE AND E-CONSENT
YOUR USE OF THIS SERVICE IS SUBJECT TO YOUR APPROVAL OF LEGACY MORTGAGES E-CONSENT POLICY, WHICH WAS PROVIDED TO YOU SEPARATELY FROM THESE TERMS OF USE. IF YOU HAVE NOT RECEIVED LEGACY’S E-CONSENT NOTICE, PLEASE CONTACT YOUR LOAN OFFICER. BY USING THIS SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ LEGACY’S E-CONSENT POLICY AND HAVE CONSENTED TO RECEIVE ELECTRONIC COMMUNICATIONS BEFORE GAINING ACCESS TO THIS SERVICE, AND YOU AGREE THAT ALL AGREEMENTS, NOTICES, DISCLOSURES, AND OTHER COMMUNICATIONS THAT WE PROVIDE TO YOU ELECTRONICALLY THROUGH THIS SERVICE, SATISFY ANY LEGAL REQUIREMENT THAT SUCH COMMUNICATIONS BE IN WRITING. YOU MAY WITHDRAW YOUR CONSENT TO RECEIVE DISCLOSURES ELECTRONICALLY AT ANY TIME BY CONTACTING LEGACY IN WRITING. HOWEVER, YOUR WITHDRAWAL OF CONSENT WILL ONLY APPLY TO DOCUMENTS AND COMMUNICATIONS THAT HAVE NOT YET OCCURRED OR BEEN DELIVERED.
In order to use the Service, you must have a valid account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur through your account. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Legacy is not responsible for third party access to your account that results from theft or misappropriation of your account. You agree to immediately notify Legacy of any unauthorized use of your account or any other breach of security, and ensure that you exit from your account at the end of each session. If your password is stolen or your account is otherwise compromised, you should immediately notify Legacy and change your password. Legacy cannot and will not be liable for any loss or damage arising from your failure to maintain the security of your account or password.
You further agree and acknowledge that you have the sole responsibility and liability for your use of this Service and for providing or obtaining, and for maintaining, all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services (collectively, “Systems”) necessary or desirable for you to access and use this Service. Legacy makes no guarantee to the compatibility, efficiency, or accessibility of the Service with the Systems you choose to use.
PROHIBITED USES
You agree that you are a client of Legacy and you will not use the Service for any purpose that is unlawful or prohibited by these Terms of Use or attempt to use this Service for any purpose other than conducting mortgage banking related business with Legacy. You further agree you will not:
- upload, post, email, or otherwise transmit any computer viruses, routines, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- upload, post, email, or otherwise transmit any document or information that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
- upload, post, email, or otherwise transmit any inappropriate, profane, defamatory, infringing, obscene, harassing or threatening documents or information;
- interfere with or disrupt the Service or networks connected to this Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service, or otherwise interfere with the Service in any way;
- obtain or attempt to obtain any documents or information through any means not intentionally made available or provided for through the Service;
- take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
- download or access any document or information that you know, or reasonably should know, should not be accessible to you;
- harvest or otherwise collect information about others, including e-mail addresses, without their consent;
- violate any applicable laws or regulations;
- advertise or offer to sell or buy any goods or services for any business purpose, unless specifically authorized to do so by Legacy; or
- exceed the scope of the Service that you have signed up for; for example, accessing and using features that you do not have a right to use or sharing your Account information with other people.
Legacy reserves the right to monitor your use of the Service, refuse to post, or to remove any information or documents, in whole or in part. Moreover, Legacy reserves the right at all times, in its sole discretion and without notice or further warning to you, to deny your access to and use of this Service if it is determined that you have violated these Terms of Use.
INTELLECTUAL PROPERTY RIGHTS
You are granted a non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordance with these Terms of Use. You agree not to reproduce, duplicate, copy, sell, resell, or exploit the Service or any portion of the Service without the express permission of Legacy.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Service, is the property of Lagacy or its suppliers and protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark, and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale of the Service; or create derivative works of the Service. No resale of the Service is permitted without the express written consent of Legacy.
TERMS OF USE 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. 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 Service 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 an authorized representative of Legacy.
SERVICE FEATURE MODIFICATIONS AND DISCONTINUANCE
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to these Terms of Use. Legacy may at its sole discretion modify or discontinue features of the Service from time to time without prior notice. You agree that Legacy shall not be liable to you or to any third party for any modification, suspension, termination, or discontinuation of the Service.
PRIVACY AND SECURITY
Your use of this Service is subject to Legacy’s Privacy policy. Please refer to Legacy’s Privacy policy, which was provided to you separately from these Terms of Use.
INDEMNIFICATION
If you make any unauthorized use of this Service 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 Legacy.
You agree to indemnify, defend and hold harmless Legacy, its officers, directors, employees, agents, vendors, and licensors, for any and all costs, claims, damages, expenses, liabilities, or other losses, including attorney’s fees and court costs, that arise from or are arising out of your use of or inability to use the Service or failure to comply with these Terms of Use.
You further agree to indemnify, defend and hold harmless Legacy, its officers, directors, employees, agents and third parties, for any and all costs, claims, damages, expenses, liabilities or other losses, including reasonable attorneys’ fees, relating to or arising out of any documents or information you upload or download or otherwise transmit through the Service; your violation of any of these Terms of Use; your violation of any rights of a third party; or your violation of any applicable laws, rules or regulations.
DISCLAIMER
THE CONTENT ON OR AVAILABLE THROUGH THIS SERVICE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, LEGACY 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. LEGACY MAKES NO REPRESENTATION OR WARRANTY REGARDING THE CONTENT OR ITS USE THEREOF. THE CONTENT ON OR AVAILABLE THROUGH THIS SERVICE COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND COULD BECOME INACCURATE BECAUSE OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES OF PREPARATION OR PUBLICATION. LEGACY HAS NO OBLIGATION TO MAINTAIN THE CURRENCY OR ACCURACY OF ANY CONTENT ON OR AVAILABLE THROUGH THIS SERVICE.
YOU ACKNOWLEDGE AND AGREE THAT LEGACY IS NOT, AND SHALL NOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS SERVICE OR ITS OPERATION. AS TO THE OPERATION OF THIS SERVICE, LEGACY 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. LEGACY MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE OPERATION OF THIS SERVICE WILL MEET YOUR OR ANY OTHER USER’S REQUIREMENTS; (B) ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS; OR (C) ANY DEFECTS IN THIS SERVICE WILL BE CORRECTED. YOU AGREE THAT YOU, AND NOT LEGACY, 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 THIS SERVICE.
LIMITATIONS ON LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL LEGACY 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 SERVICE OR CONTENT ON OR AVAILABLE THROUGH THIS SERVICE, 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 CONTENT ON OR AVAILABLE THROUGH THIS SERVICE. YOU AGREE THAT LEGACY 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 LEGACY’S 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 SERVICE OR CONTENT THEREON.
STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.
CHOICE OF LAW
You agree that these Terms of Use shall be governed by and construed in accordance with the laws of the State of Utah, 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 Service shall be filed only in the state or federal courts located in Salt Lake County, Utah, 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.
CONTACT US
Legacy welcomes your questions or comments regarding these Terms of Use. If you have any concerns related to these Terms of Use, please contact Legacy at:
| Legacy Mortgage Corporation Attn: Legal Department 1537 E Hill Rd, Suite 100 Grand Blanc Twp, MI 48439 (810) 771-4032 Corp@Legacy-mortgage.com |
Short Code: MyLoan (695626)
When you opt-in to the service, we will send you an SMS welcome message. You will need to reply to this welcome message to subscribe to the service. You will only receive one welcome message that you requested.
You can cancel the SMS service at any time. Just text “STOP ” to 695626. After you send the SMS message “STOP ” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.
If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
If at any time you need assistance, just text “HELP ” to 695626. After you send the SMS message “HELP ” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
If you have any questions regarding privacy, please read our Privacy Policy.