TERMS OF USE

Agreement Between User and Great Western Financial Services, Inc.

 

Your use of this website and your transactions conducted with Great Western Financial Services, Inc. (“GWFS”) in connection with this website are subject to the following terms and conditions, also known as, “Terms of Use”.  Clicking on links within the GWFS website (“Site”) or webpages beyond the Site’s homepage constitutes your acceptance of and agreement with the terms of use whether you complete a transaction with GWFS and whether you complete your transaction on the Site or through other channels, such as telephone, e-mail, fax, etc.  If you do not agree to the terms of use, you may not use this Site.  Please read this agreement carefully.

 

 

Website Ownership

 

This website is owned and operated by Great Western Financial Services, Inc. dba Great Western Home Loans, 5408 W. Plano Pkwy, Plano, TX 75093.

 

Access to this Website

 

GWFS reserves the right at all times, in its sole discretion and without notice to you, to deny your access to and use of this website.

 

Modification of These Terms of Use

 

GWFS reserves the right to change the terms, conditions, and notices under which the GWFS Site is offered, including but not limited to the charges associated with the use of the GWFS Site.

 

Linking

 

The Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of GWFS and GWFS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.  GWFS is not responsible for webcasting or any other form of transmission received from any Linked Site.  GWFS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by GWFS of the site or any association with its operators.

 

No Unlawful or Prohibited Use

 

As a condition of your use of the GWFS Site, you warrant to GWFS that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.  You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the GWFS Sites.

 

Use of Communication Services

 

The GWFS Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.  You will not use these Communication Services to send any abusive, defamatory, dishonest, or obscene message, to transmit any proprietary material belonging to another party, that violates any law or may be considered to violate any law, or that advertises or engages in commercial activity.  Any violation of this section may result in terminating your use of the Communication Services.

 

GWFS has no obligation to monitor the Communication Services. However, GWFS reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.  GWFS reserves the right to terminate your access to any/or all Communication Services at any time, for any reason, and without advanced notice. 

 

GWFS reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in GWFS’ sole discretion.

 

You remain solely responsible for the content of your submissions.  You acknowledge and agree that neither GWFS nor any third-party affiliate of GWFS will assume any liability related to any action or inaction by GWFS or such third party with respect to your submissions and use of the Communication Services.  GWFS specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service.

 

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

 

Submissions

 

GWFS does not claim ownership of the materials you provide to GWFS (including feedback and suggestions) or post, upload, input or submit to any GWFS Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting GWFS, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

 

Access, Username and Password Registration

 

You may be required to register an account to access certain features of this Site.  In doing so, you agree to provide correct, current, and complete information to the best of your ability.  If you choose, or are provided with, a username, password, or any other piece of identifying 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 this Site or portions of it using your username, password or other identifying information.  You agree to notify GWFS immediately if you believe your username, password, or other identifying information has been lost, stolen or otherwise compromised.  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.

 

You acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this website by any person to whom you have provided your username, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this website that may occur after you have notified us that your username, password or other identifying information has been lost, stolen or otherwise compromised.

 

GWFS reserves the right to modify or terminate the Services and this Site or to modify or terminate your access to the Services and Site, in whole or in party, at any time and without prior notice.

 

Trademarks and Copyright Information

 

All the pages and screens on the GWFS Site are owned and controlled by GWFS, except as otherwise expressly stated, and are protected by U.S. copyright laws.  The GWFS logo is a service mark of GWFS. Great Western Home Loans is a registered service mark of GWFS.  Other featured words used on the GWFS Site to identify the source of goods and services are trademarks and service marks owned by GWFS or owned by third parties.  You may not use, copy, display, distribute, modify, or reproduce any of the trademarks or service marks found on the GWFS Site except as authorized in this paragraph or pursuant to a written license agreement.

 

 

Limitation of Liability

 

You agree that that GWFS, its affiliates, agents, employees, officers, and directors will not be liable to you or any other person or entity for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages 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 Site or the web page content on or available through this Site, 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 web page content on or available through this Site. You agree that GWFS 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 or liability for incidental or consequential damages.  Accordingly, some of the above limitations or exclusions may not apply to you.  However, in no event shall GWFS’ 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 website.

 

 

Disclaimer

 

The web page content on or available through this website are provided “As Is” and without warranties of any kind, either express or implied.  To the fullest extent permissible under applicable law, GWFS 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.  GWFS makes no representation or warranty regarding the web page content or its use thereof.  The web page content on or available through this website could include inaccuracies or typographical errors and could become inaccurate because of developments occurring after their respective dates or preparation or publication.  GWFS has no obligation to maintain the currency or accuracy of any web page content on or available through this website.

 

You acknowledge and agree that GWFS is not, and shall not be, responsible for the results of any defects that may exist in this website or its operation.  As to the operation of this website, GWFS expressly disclaims all warranties of any kind, whether express of implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose.  GWFS makes no representation or warranty that (A) the operation of this website will meet your or any other user’s requirements; (B) access to the website will be uninterrupted, timely, secure, or free of errors, viruses or other harmful components; or (C) any defects in this website will be corrected.  You agree that you, and not GWFS, 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 or visiting this website.

 

 

Application of Additional Terms 

 

You acknowledge that certain features of this website, as well other products and services of GWFS, including those that may be available through this Site, may be subject to terms, conditions and disclaimers in addition to these Terms of Use, and you agree that your use of such products and services will be subject to such additional terms, conditions and disclaimers.

 

 

Privacy and Security

 

For information on how GWFS uses and protects the personal information that you may provide through this website, please review our Privacy Policy.

 

 

Indemnification

 

You agree to defend, indemnify, and hold harmless GWFS, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses (including, but not limited to, reasonable attorneys’ fees and costs) arising out of your violation of this Agreement or use or misuse of the Services or this Site.

 

 

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.

 

 

Governing Law

 

You agree that these Terms of Use will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law.  Except as otherwise provided herein, 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 website shall be filed only in the state of Texas, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.