It is important that you read these Terms & Conditions (“Term & Conditions”).  These Terms & Conditions govern your use of this website and define your legal rights and obligations with respect to your continued use of the website.  Your continued interaction with the website constitutes your acceptance of each Term & Conditions of use.  If you do not wish to be bound by these Terms & Conditions, you are advised not to use the website.

Home123 is not a lender or a broker. The information provided by you on this website, Home123.com, is not an application for a mortgage loan, nor is it used to pre-qualify you with any lender or broker.   All mortgage services featuring the Home123 name, logo and/or other registered and associated trademarks are provide by Central States Mortgage Inc., a licensed organization qualified to provide such services, under exclusive license with PGB Financial Services Ltd.  All mortgage and lending services are limited to licenses and restrictions of Central States Mortgage Inc and their affiliate organizations.

Any loan request will be forwarded to Central States Mortgage, Inc. and Central States Mortgage, Inc.  may make certain disclosures to you. These disclosures, which are required by the Truth in Lending Act (TILA), the Real Estate Settlement Procedures Act (RESPA), Equal Credit Opportunity Act (ECOA), Consumer Credit Protection Act (CCPA) and certain other federal and state laws, may include details regarding the factors that are used to establish your individual cost of credit; prohibited lending practices, good faith estimates of your settlement costs; Department of Housing and Urban Development (“HUD”) mandated booklets "Guide to Settlement Costs" or "When your Home is on the Line"; notices concerning the possibility that your mortgage loan servicing may be transferred; and your right to a copy of any appraisal, if any, performed on your home.

In no event shall Home123 be liable to anyone for any delays, inaccuracies, errors or omissions with respect to the information or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the information. The entire risk as to the accuracy, adequacy, completeness, currentness, validity and quality of any information is with the user.

**Home123 is not affiliated with New Century Financial Corporation. 

Changes to Terms & Conditions.

We have sole discretion to change these Terms & Conditions.  Any changes to the Term & Condition will be posted here. Your continued use of the website after new Terms & Conditions or changes have been posted will constitute your acceptance of the new or modified Terms & Conditions. From time to time, specific areas of the website may require your acceptance of additional Terms & Conditions (“Supplemental Terms & Conditions”). If there is a conflict between these Terms & Conditions and any Supplemental Terms & Conditions, the Supplemental Terms & Conditions will control with respect to that specific area of the website.

Sources, Use, and Reliance on Content.

Some of the content and other features contained on the website may come from a variety of sources.  This content is for informational purposes only and is subject to change without notice. You are prohibited from using the website and any of the website’s content for commercial purposes. The website’s content is intended for personal, non-commercial use only. You may download or copy website content for your personal use only. No interests or rights whatsoever in any content are transferred to you as a result of downloading or copying the website’s content. When accessing the website, you assume the risks that some of the information may be incomplete, inaccurate, out of date, or inadequate to address any or all of your needs.

Ownership of Website Intellectual Property and Restrictions.

Unless specified otherwise, all of the information and content contained on the website is owned by or licensed to us and is protected by copyright, trademark, state laws, local laws and ordinances, international treaty, or by agreement between various parties.  Any use of the website’s intellectual property for a purpose other than as set forth in these Terms & Conditions is strictly prohibited.

Authorized Use of the Website.

Subject to these Terms & Conditions, you may use the website for informational, educational, entertainment, and personal retail purposes as long as you: (a) honor and retain all trademark and copyright notices contained on the website; (b) do not attempt to or allow a third party to modify, adapt, damage, reverse engineer, decompile, or convert the website’s functionality, including, without limitation object code, HTML, JavaScript or other code; and (c) do not insert or attempt to insert any malicious code or devices that will affect the website’s operations or functionality, or that otherwise interferes with any other user’s website experience. Any other unauthorized use of the website is strictly prohibited. If you require any other use of the website content that is not addressed in these Terms & Conditions, you are required to make a detailed written request to copyrightagent@Home123.com.

User Generated Content.

The website may provide you with the opportunity to submit user-generated content.  By submitting user-generated content to this website, you represent that you own or have unencumbered, transferable rights to the user-generated content that you submit. If you choose to submit any type of content whatsoever for use on this website, you automatically grant us a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, royalty-free license to use that content for any lawful purpose whatsoever, including, without limitation, the right to sub-license that content to third parties for their lawful uses and purposes. Subject to existing laws, you waive any moral rights that you or your licensors may have in any user generated content. Any user generated content that you submit to the website will not be returned to you.

No Endorsement or liability for User-Generated or Third-Party Content.

Although third-party or user-generated content may be posted on this website, the posting of that content does not constitute our endorsement of that content.  We are not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death in connection with any person who relies on third-party or user-generated content.

Prohibited Uses of The Website.

You are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) using the website to spam, phish, pretext, or scrape; or (j) to interfere with or circumvent the security features of this website, other websites, or the Internet. You are responsible to protect any passwords and usernames that you use to protect this website.  You are responsible and liable for all activity conducted under your username and password on this website. We will report any actual or suspected criminal activity to federal, state, or local law enforcement. We reserve the right to terminate your use of the website for violating any of these Terms & Conditions.

End User Interaction With Third-Parties.

Some of the user-generated and third-party content included on this website may direct you to websites or businesses that are owned or operated by entities that are not affiliated with our businesses or websites. Your interactions and transactions with these websites or business entities are strictly between you and the business entities or websites.  We are not responsible or liable for any dispute that may arise as a result of your interactions with these entities. But at our discretion, we reserve the right to monitor the disputes in connection with the protection of our interests.

Copyrights and Digital Millennium Copyright Agents.

Pursuant to our rights under the Digital Millennium Copyright Act, 17 U.S.C. § 512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this website.  Our copyright agent is Mark Abraham. The agent can be reached at (312) 236-3003, copyrightagent@Home123.com, or via U.S. Mail at Gould and Ratner LLP, 222 North LaSalle Street, Suite 800, Chicago, IL 60601.

Infringement Notification.

To be effective, your infringement notification must include the following:

a.         A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

b.         Identification of the copyrighted work claimed to have been infringed, or of multiple copyrighted works at a single website are covered by a single notification, a representative list of those works on the website.

c.         Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;

d.         Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted;

e.         The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and

f.          The following statement: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

Upon receipt of the written notification containing the information as outlined in a through f above:

1.         We will remove or disable access to the content that is alleged to be infringing;

2.         We will forward the written notification to the alleged infringer; and

3.         We will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.

Counter Notification.

To be effective, a counter notification must be a written communication provided to our designated copyright agent, and must include the following:

1.         A physical or electronic signature of the subscriber;

2.         Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;

3.         The following statement: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and

4.         The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of federal district court for the judicial district in which the subscriber address is located, or if the subscriber’s address is outside of the United States, or any judicial district in which we may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of a counter notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement within a reasonable time (or as otherwise required by law), provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain subscriber from engaging in infringing activity relating to the material on our network.

Disclaimer.

We make no representation or warranty regarding suitability, appropriateness, completeness, factual integrity, accuracy, adequacy, or that the information or content contained on this website is up to date. We are not liable or responsible for the opinions, statements, or recommendations of third-parties who may post materials on our website. We do not endorse the products, advice, or services offered by third-parties whatsoever, unless specifically stated in writing.

The Internet is inherently non-secure and is subject to security breach.  We are not responsible or liable for any lack of availability, interruption of services, failure of access connections, poor or non-performance, deletions of files, errors, delays in transmission of time-sensitive materials, any hardware, software, applications, telecommunications malfunctions whatsoever, or damage to your computer or any other device that you may use to connect to the Internet, or negligent, fraudulent, unlawful, or malicious activities of third parties.

THIS WEBSITE AND CONTENT ARE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE FULLEST EXTENT ALLOWED BY LAW.

Limitation of Liability.

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, PERSONAL INJURY OR WRONGFUL DEATH WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST REVENUE, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ITS CONTENTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  TO THE FULLEST EXTENT OF APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL LIABILITY UNDER THIS AGREEMENT EXCEED FIFTY ($50) DOLLARS. 

YOU WILL INDEMNIFY, DEFEND, AND HOLD US HARMLESS AGAINST ALL CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, LOSSES, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR BREACH OF THESE TERMS AND CONDITIONS. YOU WILL NOT SETTLE ANY MATTER THAT IS SUBJECT TO INDEMNIFICATION BY YOU WITHOUT OUR EXPRESS WRITTEN CONSENT. AT OUR DISCRETION AND EXPENSE, BUT WITH YOUR FULL COOPERATION, WE MAY ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU.

Linking and Framing.

If you link to this website, you agree to be bound by these Terms & Conditions, and to abide by all applicable international, federal and state laws, ordinances, directives, rules, and regulations. You are prohibited from linking from any website or other source that is unlawful, obscene, abusive, libelous, or defamatory, that expresses racism or hate, or that promotes violence or destruction of property. We reserve the right to terminate any link to this website at our sole discretion and for any reason whatsoever. You are prohibited from framing any portion of this website.

Website Registrations.

Some website functionality may require registration or membership. You may not sell, assign, or otherwise transfer your registration or membership rights. We reserve the right to cancel your registration or membership at our sole discretion and for any reason whatsoever. We reserve the right to charge fees, which may include any applicable taxes,  to access all or part of this website. You will not be charged an access fee until we have received your authorization to charge the applicable fees.

Governing Law.

The Terms & Conditions will be interpreted and enforced according to Illinois law without regard to its conflicts of law principles.  You agree to the exclusive jurisdiction of state or federal district courts located in Cook County, Illinois for any cause of action or lawsuit filed in connection with this website.

No Waiver.

Any delay for failure on our part to take action in connection with a breach or violation of these Terms &  Conditions will not constitute a waiver of our right to act on such breach or violation.

Special Notice to Consumers.

All statements other than statements of historical facts or current facts that are stated or expressed on this website, including, without limitation, statements regarding our future performance of financial products, services, or any other types of investment vehicles, are forward-looking statements. While the positive expectations reflected in such forward-looking statements are considered by us to be reasonable, we cannot guarantee that such expectations will prove to be correct. Actual results may differ materially from any expectations or forward-looking statements that are stated or expressed on this website. Before making any final decisions or implementing an investment strategy, we recommend that you obtain additional information and advice from a financial advisor who can make financial recommendations based on your individual circumstances. This website is not an advertisement for credit as defined by paragraph 226.24 or regulations Z.