Kitchen within Davidson Home

Terms of Use

Effective Date – February 2021 

THESE TERMS OF USE CONTAIN IMPORTANT DISCLAIMERS THAT YOU SHOULD READ. 

The following provisions set forth the Terms of Use for this website (this “Website”). This Website and its content are provided for your information regarding the products and services offered by Heritage Mortgage, LLC dba Davidson Homes Mortgage(referred to herein as “DHM,” “we”, “our”, or “us”). If you use this Website, including services offered on it, it means you understand and accept these Terms of Service. 

Ownership and Use of Content 

This Website and its contents are owned by DHM or used under license from others, with all rights reserved. The reproduction, re-creation, retransmission or other use of any of the content on this Website, whether text, visual image, audio, video, or computer software, or the posting or framing on other websites without the express prior written permission of DHM is expressly prohibited; provided, however, that you may print in hard copy portions of this Website for your personal home mortgage purposes. 

The information and content contained on this Website is provided for informational purposes only and is not a commitment to lend. Not all borrowers will qualify. DHM’s collection and use of information and content through this Website and any mobile sites, applications, widgets and other interactive features employed by DHM are in accordance with our Online Privacy Policy, U.S. Consumer Privacy Notice, and other privacy notices and policies referenced and contained therein. 

Equal Housing Opportunity 

DHM is an equal opportunity lender. DHM provides mortgage loans without discrimination or other limitation based on race, color, religion, sex, handicap, familial status or national origin or other discrimination or limitation as provided by law. 

Password and Other Security Measures 

If you choose to begin your pre-qualification online, you will select a user name and password, which you will use to gain access to your account. You will also be asked to select certain security questions and provide answers. Each time you access your account, you will be required to enter the user name and password that you have selected. Seeking a pre-qualification on our pre-qualification page and using your user name and password will demonstrate your acceptance of the terms and conditions applicable to the online pre-qualification process (the “Service”). Actions taken on this Website, after entering the correct user name and password, will be deemed to be acting with your full authority. You may also be asked to answer the security questions when logging onto the Service. If your answers to your security questions do not match the answers that you previously provided, you will be denied access to the Service. 

You are responsible for maintaining the confidentiality and security of your user name and password. You must notify DHM immediately if your user name or password is lost or stolen, or becomes known by another individual. If you fail to do so, the confidentiality of your nonpublic personal information may be compromised. DHM may prevent your access to the Service if DHM believes the confidentiality of your user name or password has been compromised. Please contact DHM at 866-694-2556 to report a lost, stolen or compromised user name or password. 

Claims of Copyright Infringement 

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe, in good faith, that materials on our Website infringe their rights. If you believe that materials on our Website infringe your copyright, you or your agent may send us a notice requesting that we remove or block the material. Notices must meet the requirements of the DMCA. Notices may be sent to us at: DHM, , Attn: Mortgage President 336 James Record Road, Huntsville, Alabama 35824. There are penalties for false claims under the DMCA. 

Children 

Our Website contains general information not directed towards children. We do not knowingly collect information from children under the age of 13. In this regard, our Website is a general audience site that is not designed nor intended to collect personal information from children under the age of 13. 

Links To Other Websites 

We may provide links, through advertisements or otherwise, to other websites, including various social media platforms. Those sites may have their own terms of use and/or privacy policies. We are not responsible for their content, terms of use or privacy policies. The inclusion of a link on this Website does not imply endorsement of the linked site by us or any of our affiliates. Please visit those sites to review their terms of use and privacy policies. If you choose to access a third party website through links on our pages, you accept responsibility for all associated risks. 

Information and Content You Provide 

You grant DHM and its affiliates a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty-free license (in all media now known or herein after developed, without the requirement to make payment to anyone or the need to seek permission from anyone) to publicly perform, modify, use, publicly display, reproduce and distribute information, materials and content that you post, upload or otherwise provide on this Website or any service offered via this Website (“Your Content”), subject to all applicable federal and state laws and regulations that protect the privacy and security of your nonpublic personal information. You warrant that you own Your Content and have the right to grant this license and the posting, uploading or other provision of Your Content will not violate the privacy rights, publicity rights, or intellectual property rights of any third party. 

You agree and acknowledge that you have no ownership rights in any account that you may establish through use of this Website. DHM may withhold your access to your account and delete all Your Content at any time and without notice, if DHM believes that you have violated these Terms of Use, the terms applicable to a specific service, applicable law or regulation or for any other reason. DHM assumes no liability for the removal of Your Content from this Website or any services offered through this Website. 

No Illegal or Prohibited Use 

You warrant that you will not use this Website or any information, content or service offered herein for any purpose that is unlawful, or prohibited by these Terms of Use or other specific terms and conditions applicable to services offered herein. 

Limitation of Liability, Indemnity and Disclaimer 

DHM endeavors to keep the information and content on this Website current and up to date. However, some of the information and content on this Website may be inaccurate or incomplete, or may contain typographical errors. DHM does not warrant that the information or content on this Website is error free or that its service in providing this Website will be uninterrupted. Your use of this Website and the information and content provided on it is at your own risk. Your sole and exclusive remedy for issues relating to the information and content on this Website, your reliance on such content and information, or your use of this Website and the information and content contained on it shall be to discontinue accessing the Website and using the information or content or accessing the services provided on it. You agree that DHM is not liable for any damages, losses or expenses relating to your use of, or reliance upon, the information, content or services of this Website, including without limitation any damages, losses, or expenses that you may incur as a result of your use of information or content obtained from the Website, your failure to pre-qualify for a loan as a result of your use of the Service or damage to your computer equipment or other property from downloading information or content from this Website. 

You agree to indemnify, defend and hold harmless DHM for any and all uses you make of the Website and the services provided herein. 
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM AND RELEASE DHM, , ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, FROM ALL CLAIMS OF ANY KIND (SPECIFICALLY INCLUDING ANY AND ALL CLAIMS FOR ACTUAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES, ATTORNEYS’ FEES AND COSTS, OR CLAIMS FOR INTEREST, AND WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), (EVEN IF YOU AND DHM WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY REMEDIES SET FORTH HEREIN ARE FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE) RELATED DIRECTLY OR INDIRECTLY TO, OR ARISING FROM, YOUR ACCESS TO THIS WEBSITE OR YOUR USE OF ANY INFORMATION OR MATERIAL CONTAINED THEREIN. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF ACCURACY, COMPLETENESS, ADEQUACY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 

Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the disclaimers, exclusions, or limitations set forth in these Terms of Use may not apply to you and you may have additional rights to those contained herein. 

Law and Jurisdiction 

These Terms of Use shall be governed by, construed and enforced in accordance with, and subject to, the laws of the State of Alabama, without resort to its choice of law provisions and case law, except to the extent they are superseded or preempted by the laws of the United States or other jurisdictions. If any provision of these Terms of Use is determined to be invalid, unlawful, void or otherwise not enforceable, you agree that the remaining provisions of these Terms of Use will remain in full force and effect. By accessing this Website, or using information on this Website, you submit to the exclusive jurisdiction of the state courts in Madison County, Alabama or the United States Federal District Court, Northern District of Alabama, to resolve disputes of any kind arising out of your reliance on the information on this Website, or any interaction with DHM involving this Website. Any claim you have with respect to this Website must be brought within two years and a day after the claim arises. 

Successors and Termination 

These Terms of Use shall be binding upon and inure to the benefit of DHM and you and its and your respective heirs, representatives, successors and assigns. These Terms of Use shall remain in force and effect until terminated by DHM. In the event of termination of these Terms of Use, restrictions imposed upon you by these Terms of Use, including all disclaimers, waivers, releases and limitations of liability, shall survive. 

Void Where Prohibited 

This Website is accessible by users throughout the World. DHM products, services and offers may not be available in your state or community. The information on this Website is not an offer of products or services where DHM is not doing business or where prohibited by law. Your eligibility for particular products or services will be subject to approval by DHM. 

Changes to Terms of Use 

DHM reserves the right to change these Terms of Use from time to time. DHM will notify you of changes to these Terms of Use by updating them on this Website and setting forth the date on which the Terms of Use were updated. The changes will become effective thirty (30) calendar days following the last update of these Terms of Use. We encourage you to retain a copy of these Terms of Use and periodically to check this Website for updates. Your use of our Website after changes have become effective indicates your acceptance of the latest version of these Terms of Use. 

Your Privacy Rights 

To view our Online Privacy Policy, please go to our Online Privacy Policy. 

Our Licensing 

To view our Licensing, please go to our Licensing Page. 

Trademarks 

“DHM” is a service mark of DHM. Other words and/or logos used on this Website to identify the source of services and goods are trademarks owned by DHM, Davidson Homes,  or third parties. DHM grants no express or implied rights or licenses to any trademarks or other proprietary rights on this Website except for the right to view this Website for your own personal use. You may not use DHM trademarks as links to the Website except as expressly permitted by DHM. 

Contacting Us 

If you have any question about our Terms of Use, please write us or call us as follows: 

DHM,  
Attn: Mortgage President 

336 James Record Road 
Huntsville, Alabama 35824 
(256) 258-7528 

Effective Date 

These Terms of Use will become effective on the date set forth at the top of these Terms of Use. 

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