FCI Lender Services Website Terms of Use

USAGE TERMS FOR THIS WEBSITE

Effective Date: August 17, 2023

These Terms of Use (“Terms”) of FCI Lender Services, Inc. (“FCI,” “we,” “us,” and “our”) apply to all contents and information available within the domain https://www.myfci.com/ and all other websites operated by FCI (collectively, the “Site”).

Please read the following. By using the Site, you agree, on behalf of yourself and the institution/company or other legal entity that you represent, to and accept these Terms. The Effective Data of these Terms is set forth at the top of this webpage. We reserve the right to modify or make changes to these Terms at any time, and changes will be posted to this webpage, so you are advised and cautioned to review these Terms regularly. Your continued use of the Site after the Effective Date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions.

BINDING ARBITRATION

THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND FCI MAY HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST FCI TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. PLEASE REVIEW SECTION 10 (“ARBITRATION”) FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH FCI.

1. PRIVACY CONSIDERATIONS

Please review our Privacy Policy (“Privacy Policy”) which also applies to your use of the Site. For information on our privacy practices with regards to your financial information, please review our financial Privacy Notice.

2. INTELLECTUAL PROPERTY

The Site and the entire content of the Site, including without limitation all information, files, documents, text and images on the Site and any material made available for download on the Site (“Contents”) are and shall remain the intellectual property of FCI or any affiliated or related entity. As such, it is protected by state, federal and international copyright, trademark and other applicable laws. The Contents may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by us. The unauthorized use of this Site or its Contents is strictly prohibited without prior written permission, and such violation may result in both civil and criminal liability. Such intellectual property rights include any proprietary software used on this Site. All rights not expressly granted herein are reserved to us and our licensors.

The Contents are for informational purposes of a general nature only and does not address any circumstances of any particular individual or entity. The Contents are not and shall not be construed as legal, tax, investment, financial, professional or any other advice. Nothing on our Site constitutes professional and/or financial advice, nor does any information found on this site constitute a comprehensive or complete statement of the matters discussed. Any Content is subject to change anytime without notice and as such, no reliance must be placed on fairness, accuracy, completeness or correctness of any Content.

You alone assume the sole responsibility of evaluating all merits and risks that are or may be associated with any use of any Content or coming into any conclusion based on the Content. In exchange of using the Site, you agree not to hold FCI or any third-party service provider(s) liable (contingent or otherwise) for any possible claim for damages arising from any decisions you may or had made based on the Content.

3. LICENSE

FCI grants you a limited license to access and make personal use of the Site subject to these Terms. The Site and any part of it may not be reproduced, copied, framed or otherwise exploited for any commercial purpose without the express prior written consent of FCI.

4. USER ACCOUNTS

You may register an account on the Site. You agree that the information you provide to us during the registration process and at all other times when you use the Site is accurate, current, and complete, and that you will keep it up-to-date at all times. If you provide any information that is, or that FCI has reasonable grounds to suspect is, untrue, inaccurate, not current, or incomplete, FCI has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

You are the sole authorized user of any account you create through the Site and are solely and fully responsible for all activities that occur under your account. You may not authorize others to use your accountholder status, and you may not assign or otherwise transfer your account to any other person or entity. If you have reason to believe that your account is no longer secure, you must immediately notify us by contacting us at the contact information set forth in Section 13 (“Contact”). FCI will not be liable for losses, damages, liability, expenses, and fees incurred by FCI or a third party arising from someone else using your account regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.

5. SECURITY RESTRICTIONS

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, by (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Site or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

You agree not to use the Site:

• In any way that violates any applicable federal, state, local or international law or regulation;
• To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability;
• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site;
• Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the materials on the Site;
• Use any manual process to monitor or copy any of the materials on the Site 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 Site; or
• Otherwise attempt to interfere with the proper working of the Site.

6. FEEDBACK

Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload or post to this Site including any ideas, comments, suggestions, feedback, data or the like (“Feedback”) will be considered non-confidential and non-proprietary. FCI will have no obligations with respect to the Feedback. Furthermore, you hereby assign to FCI all intellectual property rights, and waive any moral, publicity or similar rights you have in any Feedback. By submitting the Feedback to FCI, you agree FCI is free to use the Feedback, without limitation and without any compensation to you, for any purpose whatsoever and in identifiable or de-identifiable form. FCI and its designees will be free to copy, disclose, distribute, incorporate, commercialize and otherwise use the Feedback and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.

7. LINKS TO EXTERNAL WEBSITES AND ONLINE SERVICES

Our Site may contain links to third-party websites and online services. Please understand that those third-party websites and online services may have different terms of use and privacy policies, and that FCI does not control and is not responsible for the content of such websites or online services, or the privacy practices of such third parties. The information collected by such third-party websites is not covered by the Privacy Policy and any access to and use of such third-party websites and online services is not governed by these Terms.

8. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNIFICATION

The Contents and access to the Site are provided for convenience only and in so providing such material, access and information, to the maximum extent permitted by applicable law, FCI makes no representations or warranties of any kind, express or implied, with respect to the operation of the Site or any Content. WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE IS PROVIDED BY FCI ON AN “AS IS” AND “AS AVAILABLE” BASIS. Please note that no data transmission over the Internet can be guaranteed to be 100% secure.

By using this Site, in addition to any other waivers or releases made by a user of this Site, you expressly promise, acknowledge and agree that FCI, its agents, employees, representatives, members of its board of directors, attorneys, shareholders or any other related or affiliated person or entity (the “Related Parties”) shall not be liable for any damages of any kind, including but not limited to indirect, exemplary, consequential, compensatory, special and punitive damages arising out of access to or use of the Site, Site-related services or any Content.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT, ANY LINKED SITE, OR ANY SERVICES USED THROUGH THE SITE IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, OUR MAXIMUM LIABILITY TO YOU WITH RESPECT TO YOUR USE OF THIS SITE AND ANY SERVICES USED BY YOU THROUGH THE SITE IS ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE.

Any claims arising in connection with your use of the Site or any services used through the Site must be brought within one (1) year of the date of the event giving rise to such action occurred. You agree to indemnify, defend and hold harmless us and our Related Parties from and against all losses, expenses, damages, and costs, including reasonable attorney fees, resulting from any violation by you of these Terms or from our termination of your access to or use of the Site. Such termination will not affect either party’s rights or obligations, which accrued before the termination.

9. CALIFORNIA

User Complaints. Under Cal. Civ. Code § 1789.3, California users are entitled to know that they may file grievances and complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or by email at dca@dca.ca.gov.

General Waiver under Section 1542 of the California Civil Code. You expressly acknowledge that there may exist claims or facts in addition to or different from those which are now known or believed by them to exist. Nonetheless, you acknowledge and agree that all rights under Section 1542 of the California Civil Code are expressly waived. Section 1542 of the California Civil Code provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

10. ARBITRATION

Arbitration. Any dispute, controversy, or claim between us arising out of or relating in any way to these Terms, the Privacy Policy and/or any of FCI’s offerings, products, services, Site, content or software will be resolved by binding arbitration, rather than in court, except that you or we (1) must assert claims in small claims court if your or our claims qualify, and (2) bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights, including with respect to temporary restraining orders. The Federal Arbitration Act and federal arbitration law shall apply to this arbitration agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award the same damages and relief as a court (including injunctive and declaratory relief or statutory damages).

At least thirty (30) days before beginning an arbitration proceeding, you must send an individualized letter personally signed by you and identifying yourself, your legal claims, the requested relief and requesting arbitration to 8180 E. Kaiser Blvd Anaheim Hills, CA 92808 by certified mail, Federal Express, UPS or USPS express mail (signature required). We will do the same; except in the event that we do not have a physical address on file for you, by electronic mail to the last known address. Except as otherwise stated herein, the arbitration will be conducted by the National Arbitration Mediation (“NAM”) under its rules, including for Consumer-Related Disputes. You and we also agree to delegate the issue of arbitrability to an arbitrator. Payment of administration and arbitrator fees will be governed by the NAM’s rules, except all of the filing fees will be paid by the filing party. If you are a prevailing party, you may seek reimbursement of your fees and costs. However, FCI may seek its attorney’s fees and costs if the arbitration finds your claims to be frivolous. There will be only one arbitrator, not a panel. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. You and we also agree that, if more than one dispute arises regarding the same or substantially similar issues, our respective claim(s) will be arbitrated in the order in which it/they were filed. THIS ARBITRATION AGREEMENT WILL SURVIVE TERMINATION OF THESE TERMS.

Class Action Waiver. We each agree that any dispute resolution proceedings or lawsuits, whether in arbitration or in a court of law, will be conducted only on an individual basis and not in a class or representative action. Therefore, you waive all rights to bring claims on behalf of a class of persons; however, you may still bring an individual claim for public injunctive relief and in small claims court. Nothing in this provision, however, should operate to prevent the parties from settling claims on a class-wide basis or otherwise coordinating claims filed in arbitration.

Enforceability. If this arbitration agreement is invalidated in whole or part, the parties agree that the exclusive jurisdiction in Section 11 (“Governing Law; Jurisdiction”) below shall govern any claim in court arising out of or related to these Terms.

Jury Trial and Small Claims Court.If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights, including with respect to temporary restraining orders.

11. GOVERNING LAW; JURISDICTION

These Terms shall be governed by the laws of California without regard to any conflict of law principles. Further, you and we agree to the jurisdiction of a state or federal court in the State of California to resolve any dispute, claim, or controversy that relates to or arises in connection with these Terms (and any non-contractual disputes and/or claims relating to or arising in connection with it) and that is not subject to mandatory arbitration under Section 10 (“Arbitration”) above.

12. MISCELLANEOUS

You represent and warrant that you shall comply with all laws and regulations that apply to your access and use of the Site and any Site-related services, including, but not limited to, any applicable national laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions.

We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including the right to remove your account and any contents generated by you on the Site, block your access to the Site, block IP addresses.

If any provision of these Terms is held to be unenforceable, the remaining Terms shall remain in full force and effect, and the unenforceable provision shall be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.

No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any right.

13. CONTACT

If you have any questions, comments or notices regarding these Terms, please contact us at our Toll Free Main Line: (800) 931-2424