USER TERMS

Acceptance of these Terms

These User Terms are entered into by and between you and Weststar Mortgage Corporation, a New Mexico corporation (“Weststar”, “we”, “our” or “us”). Weststar is a provider of mortgage loan origination and mortgage loan servicing services (the “Services”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “User Terms”), govern your access to and use of www.westloan.com (the “Website”), our web and mobile application available at https://loansphereservicingdigital.bkiconnect.com/weststarmortgage/ (the “Application”), and any content, functionality, or Services offered on or through any of the foregoing (the “Digital Properties”), whether as a guest or a registered user.

Please read these User Terms carefully before you start to use the Digital Properties. By using the Digital Properties or by clicking to accept or agree to these User Terms when this option is made available to you, you accept and agree to be bound and abide by these User Terms and our Privacy Policy, found at Digital Privacy Policy (the “Digital Privacy Policy”), incorporated herein by reference. If you do not want to agree to these User Terms or the Digital Privacy Policy, you must not access or use the Digital Properties.

If you are a Weststar customer, please see our Consumer Privacy Notice, found at www.westloan.com/privacy (the “Consumer Privacy Notice”), which we provide to all our individual customers, for a comprehensive explanation of how we collect, use, and share personal information and your choices for limiting the use and sharing of your information as our customer.

The Digital Properties are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Digital Properties, you represent and warrant that you are of legal age to form a binding contract with Weststar and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Digital Properties.

Changes to the User Terms

We may revise and update these User Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Digital Properties thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Digital Properties.

Your continued use of the Digital Properties following the posting of revised User Terms means that you accept and agree to the changes. You are expected to check this page each time you access the Digital Properties, so you are aware of any changes, as they are binding on you.

Accessing the Digital Properties and Account Security

We reserve the right to withdraw or amend the Digital Properties in our sole discretion and without notice. You acknowledge and agree that you have no legal right to access the Digital Properties, and that we have no legal obligation to provide for your access to the Digital Properties. We will not be liable if, for any reason, all or any part of the Digital Properties is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Digital Properties, or the entirety of the Digital Properties, to users, including registered users.

If, for any reason, you cease to have access to the Digital Properties and, in your capacity as a Weststar customer or recipient of our Services, you have the right to receive certain information or disclosures that you have previously accessed through the Digital Properties, please contact us at custserv@westloan.com so we can continue to meet those obligations through other channels.

You are solely responsible for:

  • Making all arrangements necessary for you to have access to the Digital Properties.
  • Keeping in good condition and up to date all hardware you use to access the Digital Properties.
  • Downloading and maintaining all third-party software required to use or access the Digital Properties, including, without limitation, operating systems, internet browsers, and portable document format (PDF) viewers.
  • Ensuring that all persons who access the Digital Properties through your internet connection are aware of these User Terms and comply with them.

To access the Digital Properties or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Digital Properties that all the information you provide on the Digital Properties is correct, current, and complete. You agree that all information you provide to register with the Digital Properties or otherwise, including but not limited to through the use of any interactive features on the Digital Properties, is governed by our Digital Privacy Policy www.westloan.com/DigitalPrivacy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Digital Properties or portions thereof using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these User Terms.

Intellectual Property Rights

The Digital Properties and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Weststar, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These User Terms permit you to use the Digital Properties for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Digital Properties, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Digital Properties for your own personal, non-commercial use and not for further reproduction, publication, or distribution; provided, however, that with respect to periodic statements, account information, or other information that you have a legal right to receive from us pursuant to your use of our Services, your right to access such information shall not be limited by these User Terms.
  • With respect to the Application or any other desktop, mobile, or other applications we provide for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you comply with these User Terms.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Digital Properties or any services or materials available through the Digital Properties.

If you wish to make any use of material on the Digital Properties other than that set out in this section, please address your request to custserv@westloan.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Digital Properties in breach of these User Terms, your right to use the Digital Properties will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Digital Properties or any content on the Digital Properties is transferred to you, and all rights not expressly granted are reserved by Weststar. Any use of the Digital Properties not expressly permitted by these User Terms is a breach of these User Terms and may violate copyright, trademark, and other laws.

Trademarks

The Weststar Mortgage Corporation name, Weststar logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Weststar or its affiliates or licensors. You must not use such marks without the prior written permission of Weststar. All other names, logos, product and service names, designs, and slogans on the Digital Properties are the trademarks of their respective owners.

Prohibited Uses

You may use the Digital Properties only for lawful purposes and in accordance with these User Terms. You agree not to use the Digital Properties:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To impersonate or attempt to impersonate Weststar, a Weststar employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Digital Properties, or which, as determined by us, may harm Weststar or users of the Digital Properties or expose them to liability.

Additionally, you agree not to:

  • Use the Digital Properties in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Digital Properties, including their ability to engage in real time activities through the Digital Properties.
  • Use any robot, spider, or other automatic device, process, or means to access the Digital Properties for any purpose, including monitoring or copying any of the material on the Digital Properties.
  • Use any manual process to monitor or copy any of the material on the Digital Properties or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Digital Properties.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Digital Properties, the server or servers on which the Digital Properties are stored, or any server, computer, or database connected to the Digital Properties.
  • Attack the Digital Properties via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Digital Properties.

Claims of Copyright Infringement

If you believe in good faith that materials available on the Digital Properties infringe your copyright, you (or your agent) may send Weststar a notice requesting that we remove the material or block access to it by contacting us at custserv@westloan.com.

Reliance on Information Posted

Except for information or disclosures that we provide to you in your capacity as a Weststar customer or recipient of our Services, the information presented on or through the Digital Properties is made available solely for general information purposes, and we do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Digital Properties, or by anyone who may be informed of any of its contents.

The Digital Properties may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Weststar, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Weststar. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

Changes to the Digital Properties

We may update the content on the Digital Properties from time to time, but its content is not necessarily complete or up to date. Any of the material on the Digital Properties may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Digital Properties

All information we collect on the Digital Properties, regardless of whether you provide that information to us directly or we collect that information from your use of the Digital Properties, is subject to our Digital Privacy Policy and, if you are a Weststar customer, our Consumer Privacy Notice www.westloan.com/privacy. By using the Digital Properties, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy and Consumer Privacy Notice.

Linking to the Digital Properties

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. Subject to the foregoing, you must not:

  • Cause the Digital Properties or portions thereof to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site.
  • Alter any of the Digital Properties or portions thereof;
  • Link to any part of the Digital Properties other than the homepage.
  • Assert or represent that you are, or hold yourself out as being, an affiliate, agent, or representative of Weststar alongside any such link.
  • Otherwise take any action with respect to the materials on the Digital Properties that is inconsistent with any other provision of these User Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

Links from the Digital Properties

If the Digital Properties contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Digital Properties, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Digital Properties is based in the state of New Mexico in the United States. We provide the Digital Properties for use only by persons located in the United States. We make no claims that the Digital Properties or any of its content is accessible or appropriate outside of the United States. Access to the Digital Properties may not be legal by certain persons or in certain countries. If you access the Digital Properties from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Digital Properties will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE DIGITAL PROPERTIES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DIGITAL PROPERTIES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE DIGITAL PROPERTIES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE DIGITAL PROPERTIES ARE AT YOUR OWN RISK. THE DIGITAL PROPERTIES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE DIGITAL PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WESTSTAR NOR ANY PERSON ASSOCIATED WITH WESTSTAR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE DIGITAL PROPERTIES. WITHOUT LIMITING THE FOREGOING, NEITHER WESTSTAR NOR ANYONE ASSOCIATED WITH WESTSTAR REPRESENTS OR WARRANTS THAT THE DIGITAL PROPERTIES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DIGITAL PROPERTIES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER OR SERVIERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE DIGITAL PROPERTIES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DIGITAL PROPERTIES, WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WESTSTAR HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL WESTSTAR, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE DIGITAL PROPERTIES, ANY WEBSITES LINKED TO THE DIGITAL PROPERTIES, ANY CONTENT ON THE DIGITAL PROPERTIES, OR SUCH OTHER WEBSITES OR APPLICATIONS, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DIGITAL PROPERTIES OR SUCH OTHER WEBSITES OR APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Weststar, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these User Terms or your use of the Digital Properties, including, but not limited to, any use of the Digital Properties’ content, services, and products other than as expressly authorized in these User Terms, or your use of any information obtained from the Digital Properties.

Governing Law and Jurisdiction

All matters relating to the Digital Properties and these User Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New Mexico without giving effect to any choice or conflict of law provision or rule (whether of the State of New Mexico or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these User Terms or the Digital Properties shall be instituted exclusively in the federal courts of the United States or the courts of the State of New Mexico, in each case located in the city of Albuquerque in Bernalillo County, although we retain the right to bring any suit, action, or proceeding against you for breach of these

User Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver by Weststar of any term or condition set forth in these User Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Weststar to assert a right or provision under these User Terms shall not constitute a waiver of such right or provision.

If any provision of these User Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these User Terms will continue in full force and effect.

Entire Agreement

These User Terms, the Privacy Policy, and any other terms, policies, or agreements accessible on the Digital Properties constitute the sole and entire agreement between you and Weststar with respect to the Digital Properties, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Digital Properties.

How You Can Contact Us

The Digital Properties are operated by Weststar. All feedback, comments, requests for technical support, and other communications relating to the Digital Properties should be directed to custserv@westloan.com.