Legal Notice

Terms of Use
You are currently viewing a page or a related page of the website (hereinafter the “Site”) belonging to Outsmart Holdings, L.L.C. dba Mortgage Portfolio Services or one of its subsidiaries (hereinafter the “Company”). This Site and any of the services provided by the Company in connection with this Site (hereinafter the “Services”) are being provided to you expressly subject to these Terms of Use. Please read these Terms of Use carefully. By accessing this Site you agree to be bound by these Terms of Use.

Services under these Terms of Use include, but are not limited to, financial services for consumers and businesses and business services offered to you directly by the Company and additional services available to you from independent third-party service providers accessed through navigation of the Site.

Copyrights/Trademarks/Service Marks/Restrictions of Use
All of the pages and screens on the Site are owned and controlled by the Company (except as otherwise expressly stated) and are protected by U.S. copyright laws and international treaties. The copyrighted materials on the Site include, but are not limited to, the text, design, software, images, graphics, source code and the content on the Site. You are authorized to view the information available on the Site for your personal informational (and in some cases financial) purposes only. You may download copyrighted materials for your internal business purposes only. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You may not copy, display, distribute, transfer, link to, reproduce, license, frame, alter or create derivative works of or republish all or any portion of the Site for any commercial or public purpose without the Company’s prior, written consent. Other featured words used on the Site to identify the goods or source of goods and services constitute trademarks and service marks owned by the Company or by third parties. You may not use, copy, display, distribute, modify or reproduce any of the trademarks or service marks found on the Site except as authorized in this paragraph. You may not use any Company trademarks or service marks as a link to the Site (or any other site) except pursuant to a written trademark and/or service mark license agreement.

The Site may contain links to sites controlled or offered by third parties (non-affiliates of the Company). The Company hereby disclaims liability for any other company's site's content, products, privacy policies or security. In the event you choose to use third-party services available at a linked site, you agree to read and adhere to the policies and terms of use applicable to that site. In addition, any advice, opinions or recommendations provided by the linked site provider(s) are those of the provider(s) and not those of the Company. Your participation in any linked site, including payment for and the delivery of goods or services from the linked site, is based solely on the agreement, if any, between you and the linked site provider(s).

Registration Information
You may be invited to register at the Site to help us tailor the Services for your personal and/or business financial needs and to alert you to other products and/or services for your and/or your business’s use. In registering for the Services, you agree to provide accurate, true, current and complete information about you and/or your business as requested by the registration screens. As a convenience, a profile for you and/or your business may be created based on the registration information that you provide. This profile and any registration information you provide will be protected as described in our Privacy Policy.

Disclaimer
THE SERVICES ARE OFFERED ON AN "AS IS," "WHERE IS" AND "WHERE AVAILABLE" BASIS, WITH NO WARRANTY OF ANY KIND (WHETHER EXPRESS, IMPLIED OR STATUTORY) INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH, INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAW(S), ARE APPLICABLE TO THIS AGREEMENT.

YOU ACKNOWLEDGE THAT NEITHER THE COMPANY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICES OR THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THE SITE OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICES AND THE SITE. THE COMPANY DOES NOT ENDORSE PRODUCTS OR SERVICES APPEARING ON LINKED SITES OR PURCHASED VIA LINKED SITES. (THIS DOES NOT AFFECT ANY MANUFACTURER'S WARRANTIES THAT THE PROVIDERS OF THE LINKED SITES OTHERWISE OFFER)

EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT (OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD) YOU AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE OR BODILY INJURY, WHETHER CAUSED BY ACCESS TO OR USE OF THE SERVICES OR THE SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD-PARTY CLAIMING THROUGH YOU, FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION OR USE OF THE SERVICES, THE SITE, ANY ON-LINE SERVICES OR INTERNET BROWSER SOFTWARE, INCLUDING LIABILITY ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM.

General
The Company reserves the right to modify these Terms of Use at any time without notice, but the most current version of these Terms of Use will always be available to you. If you find these Terms of Use unacceptable at any time, you may discontinue your use of the Services of the Site. By continuing to use the Services or the Site after the date of any change to these Terms of Use, including accessing the Site, constitutes an agreement to be bound by the rules contained in the most recent version of this legal notice.

The Company reserves the right to modify or terminate the Services and the Site or to terminate your access to the Services and Site, in whole or in part, at any time. These Terms of Use constitute a contract between you and the Company governed by the laws of the State of Texas, with the exception of any conflicts of those laws’ provisions.

Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates and their respective owners, directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your violation of these Terms of Use or misuse of the Service or this Site, including such violation or misuses conducted by your employee or agent, if applicable.

Privacy Policy
This notice is provided pursuant to the Privacy of Consumer Financial Information Act, the California Finacial Information Privacy Act and the Federal Trade Commission's implementing regulation thereunder, 16 CFR Part 313.

  1. The Company collects nonpublic personal information about borrowers and users from the following sources:

    • Information received on applications or other forms;

    • Information about your transactions with us or others; and

    • Information received from consumer reporting agencies.

  2. The Company does not disclose any nonpublic personal information about our customers or former customers to anyone (other than affiliates or for purposes of marketing activities) except as permitted by law.

  3. The Company restricts access to nonpublic personal information only to those employees (or those of affiliates or of companies providing marketing activities) who need to know the information to provide products or services to you and/or to your business. We maintain physical, electronic and procedural safeguards that comply with state or federal regulations (or the Federal Trade Commission's implementing regulation thereunder) to protect your nonpublic personal information.