Terms Of Use

I. AGREEMENT

This Terms of Use (“Agreement”) constitutes an agreement between You and United Wholesale Mortgage and governs Your use of this website and the various online materials, applications and services provided by UWM, affiliates of UWM and third parties in connection therewith, including, but not limited to, Brand 360, Unite and UConnect (collectively the “Website”). You must obtain a username and password and establish an account (“Your Account”) in order to gain access to and use the Services. You are responsible for all access to and use of the Website under Your username and password.

II. GENERAL

A. This Agreement governs use by the You and persons controlling, employed by or otherwise acting on behalf of You, through Your account. Your use of the Website is conditioned upon Your acceptance, without modification, of all provisions of this Agreement. If You are acting as an agent or employee of another entity, You may only agree to this Agreement if You have the legal power and authority to bind your principal or employer. Any information accessed, requested or provided through the Website must be accessed, requested and used in accordance with this Agreement. UWM reserves any rights not expressly granted under this Agreement. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN AND FULLY NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT CLICK “I AGREE” AND DO NOT USE THE WEBSITE. By visiting this Website you acknowledge that certain features of this Website and products and/or services of UWM may be subject to additional terms, conditions and disclaimers. If you do not agree to this Agreement, you are not authorized to use this Website, or any of the services that UWM may offer through this Website. UWM reserves the right to, in its sole discretion and without notice, deny you access and/or use of this Website for any reason or no reason at all.

THE DISCLOSURES AND CONSENTS REQUIRED UNDER CERTAIN STATE LAWS ARE DEEMED TO BE PROVIDED, RECEIVED AND AGREED TO BY YOUR VISIT TO AND/OR USE OF THE WEBSITE.

B. Your user name and password are not transferable to any person or entity. You are responsible for all use of Your account and for ensuring that all use of Your account complies fully with this Agreement. The information provided through the Website may be used only for Your own professional use and in accordance with this Agreement, and only for the following specifically identified purposes:

1. Viewing sample advertising and marketing materials made available on the Website;
2. Customizing sample advertising and marketing materials made available on the Website to include Your contact information, company logo and necessary product and licensing disclaimers; and
3. Purchase copies of sample advertising and marketing materials made available on the Website for distribution to consumers.
   

C. The information provided through the Website, including sample advertising and marketing materials, shall not be used for any of the following purposes:

1. Customizing to add a voiceover; change a UWM-provided voiceover; and/or remove a UWM-provided voiceover and replace it with Your own voiceover.
2. Customizing to add graphics or verbiage that may violate or infringe in any way upon the rights of others; that creates false endorsements or false advertisements; that may result in the unauthorized use of intellectual property rights of others; and/or that discloses confidential information.
   

D. UWM grants to You a non-exclusive license to access and use the Website for the purposes described herein and for so long as You comply with this Agreement.

E. It is Your responsibility to manage Your account actively and to ensure that all information contained within the advertising and marketing materials is accurate and in compliance with all applicable federal and state regulations prior to ordering. It is Your responsibility to become familiar with all applicable state and federal policies and applicable laws, statutes, codes and regulations. The relevant state agency or federal agency may require the inclusion of licensing and/or other disclaimer language. UWM will not be responsible for the accuracy or content of any information You submit nor for the content of any advertising and/or marketing material You acquire through use of the Website or any information You submit.

F. The Website is operated within the United States of America. UWM makes no representation or warranty that the Website is appropriate for use at locations outside the United States.

G. You are responsible for protecting the confidentiality of login information, including but not limited to usernames and passwords. You agree to notify UWM immediately if You become aware of the loss, theft or unauthorized use of Your password or any unauthorized access to the Website.

III. Annual Percentage Rate Formula

From time to time, the information provided through the Website, including sample advertising and marketing materials, may contain an Annual Percentage Rate (APR). The APR is determined in accordance with the actuarial method. For further explanation of the actuarial method as well as equations, instructions and examples of how this method applies, please refer to https://www.consumerfinance.gov/eregulations/1026-j/2013-30108_20150718#1026-j.

IV. OWNERSHIP

All information, intellectual property, object and source code, diagrams, images, specifications and other tangible or intangible material of any nature (“Property”) which is the Property of UWM shall remain the sole Property of UWM throughout the term of this Agreement and You have no rights whatsoever to any such Property. UWM shall retain sole ownership of Property developed specifically for the Website. Copyright in the pages and in the screens displaying the pages, and in the information and material therein and their arrangement is owned/licensed by UWM, unless otherwise indicated, and are protected by U.S. copyright laws and international treaties. UWM grants to You such licenses as are necessary to conduct the transactions contemplated by this Agreement. If You download any information from the Website You shall not obscure any copyright, trademark or other notices, and you acknowledge and agree that you do not acquire any ownership rights by downloading copyrighted material.

Deliberate misuse of the Website is expressly prohibited and UWM reserves the right to terminate Your access to the Website at any time for any reason and to advise the legal authorities of any misuse of the Website, including, without limitation, hacking and the introduction of viruses or other malware. The word marks and images of United Wholesale Mortgage® are federally registered trademarks, or Common Law trademarks or trade names, owned by UWM. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Website except as authorized. You may not use any of the trademarks as a link to the Website except pursuant to a written trademark license agreement.

V. CHANGES

A. UWM reserves the right to change this Agreement and other guidelines or rules posted on the Website from time to time at its sole discretion. The most current form of this Agreement will always be available on the Website. Your use of the Website constitutes Your acknowledgement and acceptance of the terms of this Agreement as they may exist at any time.

B. UWM has the right at any time without notice or obligation to You to change or discontinue any aspect or feature of the Website, including but not limited to, functionality, content, hours of availability and the equipment needed for access or use.

C. The content of this Website may not be accurate, complete and/or current and may include typographical errors or technical inaccuracies. The information and materials contained on these pages, and the terms, conditions and descriptions that appear on this site, are subject to change at any time without notice. UWM may change the products, services and other information identified on the Website at any time. Not all products and services are available in all geographic areas. You should verify all information before relying on it and any decisions which you may make based upon the information contained on the Website shall be at your sole risk and responsibility.

D. This Agreement may be not be altered or amended orally.

VI. EQUIPMENT

You are responsible for obtaining and maintaining all equipment required for access and use of Website and all charges and costs related thereto.

VII. YOUR CONDUCT

A. You may use the Website for lawful purposes only. You may not post or transmit through the Website any material that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, that encourages conduct that would constitute a criminal offense, give rise to civil liability to UWM or otherwise violate any law, or that, without UWM’s express prior written approval, contains advertising or any solicitation with respect to products or services for which the advertisement or marketing material is not intended. Any conduct by You that, in UWM’s sole determination, restricts or inhibits any other user from using or enjoying the Website will not be permitted. Unless otherwise specifically set forth herein, You may not use the Website, or the content contained therein or obtain therefrom for any purpose other than for customizing, as permitted through the Website, and acquiring sample advertising and marketing materials for the purpose of advertising Your business as a mortgage broker to consumer. You agree that You will not interfere with or attempt to interfere with the proper working of the Website.

B. The Website contains copyrighted material, trademarks and other proprietary information. UWM owns all copyright in the selection, coordination, arrangement and enhancement of the materials made available through the Website and the data contained therein. Website contains links to and accesses proprietary information of third parties and employs proprietary software of third parties. The software applications, materials or services accessible through the Website are created by or on behalf of UWM. Except as otherwise provided for herein, You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the software applications, materials or services hosted on or obtained from the Website, in whole or in part. You may download and use in downloaded form only the sample advertising and marketing materials from the Website for distribution to consumers in the ordinary course of Your mortgage brokerage activities once having paid any and all applicable fees. Except as otherwise expressly provided herein, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of UWM and, if applicable, the owner of any proprietary rights in such material. In the event of any permitted copying, redistribution or publication of content obtained from the Website, no changes in or deletion of author attribution, trademark legend or copyright notice may be made. You acknowledge that You do not acquire any ownership rights by downloading material from the Website.

C. You may not upload, post or otherwise make available on the Website any material protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by law rests with You. You will be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material through the Website, You automatically grant to, or warrant that the owner of such material has express granted, UWM a royalty-free, irrevocable, non-exclusive, right and license to use, reproduce, publish, translate and distribute such material (in whole or in party) worldwide.

D. The foregoing provisions of this Section are for the benefit of UWM, its affiliates and its third-party service providers and each will have the right to assert and enforce such provisions directly or on its own behalf.

VIII. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

A. USE OF THE WEBSITE IS AT YOUR SOLE RISK. UWM, ITS AFFILIATES, THIRD-PARTY PROVIDERS, AND LICENSORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES (i) THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (ii) AS TO THE MATERIALS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE; (iii) AS TO THE ACCURACY, RELIABILITY, COMPLIANCE WITH LAWS OR CONTENT OF ANY INFORMATION, SERVICE OR MATERIALS PROVIDED THROUGH THE WEBSITE, INCLUDING SAMPLE ADVERTISING AND MARKETING MATERIALS AVAILABLE FOR PURCHASE VIA ELECTRONIC DOWNLOAD, PRINT OR PRINT ORDER.

B. THE WEBSITE, INCLUDING THE SAMPLE ADVERTISING AND MARKETING MATERIALS MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED “AS IS’ WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UWM MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE SAMPLE ADVERTISING AND MARKETING MATERIALS DO NOT VIOLATE OR INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS OR ARE IN COMPLIANCE WITH APPLICABLE STATE AND FEDERAL STATUTES, LAWS, CODES, AND/OR REGULATIONS. YOU AGREE TO BE SOLELY RESPONSIBLE FOR COMPLIANCE WITH LAWS AND AGREE NOT TO PRINT, COPY, PUBLISH, DISTRIBUTE OR PROVIDE BY ANY OTHER MEANS ANY SAMPLE ADVERTISING OR MARKETING MATERIAL THAT DOES NOT COMPLY WITH APPLICABLE STATE AND FEDERAL REGULATIONS TO CONSUMERS.

C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL DAMAGES OR INJURIES CAUSE BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT UWM, ITS AFFILIATES, THIRD-PARTY SERVICE PROVIDERS, AND LICENSORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANYONE ELSE AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

D. IN NO EVENT WILL UWM, ITS AFFILIATES, THIRD-PARTY SERVICE PROVIDERS AND LICENSORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE OR SOFTWARE UNDERLYING THE WEBSITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THE WEBSITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINK OR SYSTEM FAILURE, EVEN IF UWM, OR REPRESENTATIVES THEREOF ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION APPLY TO ALL CONTENT ON, AND SERVICES PROVIDED THROUGH, THE WEBSITE INCLUDING THE SAMPLE ADVERTISING AND MARKETING MATERIALS MADE AVAILABLE THROUGH THE WEBSITE.

IN ADDITION TO THE TERMS SET FORTH ABOVE, UWM, ITS AFFILIATES, THIRD-PARTY SERVICE PROVIDERS AND LICENSORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE WEBSITE, INCLUDING THE SAMPLE ADVERTISING AND MARKETING MATERIALS MADE AVAILABE THROUGH THE WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY OR FOR ANY DISCIPLINARY OR REGULATORY ACTION TAKEN THEREUPON. UWM, ITS AFFILIATES, THIRD-PARTY SERVICE PROVIDERS AND LICENSORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. UWM, ITS AFFILIATES, THIRD-PARTY SERVICE PROVIDERS AND LICENSORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS DO NOT WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF INFORMATION AVAILABLE THROUGH THE WEBSITE INCLUDING THE SAMPLE ADVERTISING AND MARKETING MATERIALS MADE AVAILABLE THROUGH THE WEBSITE.

E. The foregoing provisions of this Section are for the benefit of UWM, its affiliates and licensors and each will have the right to assert and enforce such provisions directly or on its own behalf.

IX. MONITORING

UWM has the right, but not the obligation, to monitor the use of the Website to determine compliance with these terms and any other rules established by UWM and to satisfy any law, statutes, regulation rules, guidelines or authorized government request. UWM has the right in its sole discretion to edit, refuse to print or remove any material submitted to or posted on the Website. Without limiting the foregoing, UWM has the right to remove any material that UWM, in its sole discretion, finds to be in violation of these terms.

X. INDEMNIFICATION

You agree to defend, indemnify and hold harmless UWM, its affiliates, third-party service providers and licensors and their respective directors, officers, employees and agents from and against all claims, fees, costs and expenses, including attorneys’ fees, arising out of or in connection with Your account or use of the Website by You.

XI. TERMINATION

UWM has the right to immediately terminate Your account in the event of any conduct by You which UWM, in its sole determination, considers to be unacceptable, or in the event of any breach by You of this Agreement. The provisions of Sections 2, 4, 7, 8, 10 and this Section 11 will survive such termination. If You breach any of the terms of this Agreement or fail to pay any fees required for the services provided under this Agreement, UWM may disable Your account and terminate or temporarily suspend Your access to, participation in and use of the Website and require You to immediately destroy any materials downloaded or printed from UWM in violation of this Agreement.

XII. MISCELLANEOUS

A. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.

B. This Agreement will be construed in accordance with the laws of the State of Michigan, without regard to its conflict of laws rules. The parties hereto agree that the jurisdiction for any claim brought under this Agreement will be the County of Oakland, Michigan. The parties hereto expressly waive any right to a jury trial.

C. No waiver by UWM of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.

D. If any of these terms, or the application thereof to any individual, entity or circumstance, is deemed to any extent be invalid or unenforceable, the remainder of these terms, or the application of such terms or provisions to persons or circumstances other than those as to which they are invalid or unenforceable, will not be affected thereby, and each term and provision of these terms will be valid and enforceable to the fullest extent permitted by law.

E. Except as otherwise set forth in this Agreement, no third party will be entitled to enforce these terms against the respective parties as third-party beneficiaries thereof.

F. The section headings used herein are for convenience only and are not be given any legal import.

G. This Agreement will be binding upon and inure to the benefit of the parties hereto and their respective successors, legal representatives and permitted assigns. You may not assign any of Your rights or delegate any of Your obligations under this Agreement, other than to an affiliate, without the prior written consent of UWM.