Fairway Now Terms & Conditions

Fairway NOW Terms of Use

Fairway Independent Mortgage Corporation (“Fairway”) maintains the FairwayNOW Portal (the “Portal”) to provide you with information regarding its products and services. The following Terms and Conditions (“Terms”) govern the use of the Portal (click link below to read our Terms and Use and Consent Agreement).

We take our clients' financial privacy very seriously. During the course of processing your application, we accumulate non-public personal financial information from you and from other sources about your income, your assets, and your credit history in order to allow Fairway to make an informed decision about granting you credit. We restrict access to nonpublic personal information about you to those employees who need to know that information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal and state statutes and regulations to guard your nonpublic personal information. Using the Portal constitutes your agreement to the Terms, which Fairway may update from time to time without prior notice.

Terms and Use & Consent Agreement - Fairway Independent Mortgage Corporation

Please read this Agreement carefully before accessing or using the portal because it governs your use of this FairwayNOW (“Fairway”) portal. These Terms and Conditions apply to this online application for a mortgage loan for which you will supply, offer, and provide information related to the transaction and may include other disclosures, documents, and communications by electronic means, including but not limited to addendums or amendments in conjunction to this specific channel for a mortgage loan. Your acceptance of the following terms is a condition to your access and use of the portal. If you access or use the portal, you accept and agree to comply with the following Terms of Use. If you do not understand and agree with these Terms of Use, you should immediately discontinue any use of the portal. If these terms of use are considered an offer by “Fairway”, acceptance is expressly limited to these terms.

Change in Terms

These Terms of Use may change from time to time without notice.

Links to Third Party Sites

From time to time the portal may also include links to third-party websites which are not owned or operated by “Fairway”. These third-party links are provided for your convenience to provide further information. They do not signify that we endorse the third-party website(s). We have no responsibility for the content of the linked third-party website(s). Fairway offers you third-party links on an “as is” basis. When you visit a third-party website by using a link on a link Fairway site, you will no longer be protected by the Fairway’s privacy policies or security practices. The data collection, use, and protection practices of the linked site may differ from Fairway’s practices. You should familiarize yourself with the privacy policy and security practices of the linked website. Those are the policies and practices that will apply to your use of the linked third party-website, not the Fairway policies and practices.

Proprietary Rights and Use of “Fairway” Information

The portal contains material which is owned by or licensed by “Fairway”. This material includes, but is not limited to, the text, design, layout, look, appearance and graphics. Reproduction is prohibited. No part of the portal, including logos, graphics, sounds or images, may be reproduced, linked to, altered, or retransmitted in any way, or by any means, for any commercial or public purpose without “Fairway”’s prior written consent.

Acceptable Use

“Fairway” prohibits use of the portal in any way that is unlawful, harmful or interferes with use of “Fairway”’s network or systems, or the network of any other provider, interferes with the use or enjoyment of services received by others, infringes intellectual property rights, results in the publication of threatening or offensive material, or constitutes Spam/E-mail abuse, a security risk or a violation of privacy. The portal shall not be used in connection with any criminal, civil or administrative violation of any applicable local, state, province, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule. The portal shall not be used to publish, submit/receive upload/download, post, use, copy of otherwise reproduce, transmit, re-transmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of “Fairway” or any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation. The portal shall not be used to host, post, transmit, or re-transmit any content or material (or to create a domain name or operate from a domain name), that harasses, or threatens the health or safety of others. Customers are responsible for ensuring and maintaining security of their systems and the machines that connect to and use the portal, including implementation of necessary patches and operating system updates.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, AND NOT WITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, “FAIRWAY” SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR USE OF THE PORTAL. IN ADDITION, IN NO EVENT SHALL “FAIRWAY” BE LIABLE TO YOU IN ASSOCIATION WITH THE PORTAL OR MATERIALS FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGE HOWEVER AND WHENEVER IT ARISES, REGARDLESS OF THE FORM OF ACTION, WHETHER FOR BREACH FOR BREACH OF CONTRACT, OR IN TORT, EVEN IF “FAIRWAY” HAS BEEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF THE DAMAGES WERE FORESEEABLE.

Governing Law

This Agreement shall be interpreted, governed, construed and enforced in accordance with the laws of Texas, including any laws limiting the power of arbitrators, without regard to any conflict of laws principles. You hereby consent to venue in any jurisdiction of the state and federal courts sitting in the State of Texas.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, save and hold harmless “Fairway” and its officers, directors, shareholders, employees, agents, successors and assigns from and against any and all claims, suits, liabilities, losses, cause of action, damages, including without limitation, all expenses of litigation and/or arbitration, court costs, and attorneys’ fees, arising on account of or in connection with your use of the portal, your sole negligence or willful misconduct, in any manner connected with your use of any third party websites accessed through this portal, or your breach or violation of these Terms.

Severability

If any provision of these Terms of Use or the application of any such provision to any person or circumstance is held unlawful or invalid, the remainder of these Terms of Use and the application of such provision other than to the extent it is held unlawful or invalid, will not be held unlawful, invalidated or affected thereby, and shall remain in full force and effect provided that such remaining provisions are sufficient to carry out the commercial objectives of the parties.

Entire Agreement

These Terms of Use set forth the entire understanding between us and you with respect to your access and use of the portal and supersedes all prior agreements or contemporaneous arrangements and understandings, express or implied, oral or written, relating thereto.

Termination

“Fairway”, in its sole discretion, reserves the right to cancel or terminate your right to use the portal, or any part of the portal, at any time without notice.

E-sign Consent

As it pertains to application for a mortgage loan, Federal and State law mandates consent by the user to establish a relationship or connection to such application. This online service on this web submission is to facilitate the transfer of your information to be the consideration to apply for a mortgage loan. In correlation to regulations the following information is provided concerning the transmission of information by either electronic or non-electronic access of the data provided by you.

A valid email address and/or ability to download information in order to keep copies for your records or access to a printer will be necessary.

You will be able to receive Documents provided by; (i) the web portal which will be provided to you when the Documents are available, which may occur during or prior to submission of your data and or after your submission of data; or (ii) by email link or posting on a website designated by us which will be made available to you.

Any Document contained here within or by other means not directly contained herein, to you by Fairway are considered “in writing”. We recommend you print and retain copies of Documents for record retention using the Print button in your browser menu or by downloading the Document(s) to your computer.

It will be required of you to make available a correct and active telephone number and Email address and maintain such to remain active during this transaction. Any changes of provided contact information shall be communicated to us by you and shall be done by calling 866-912-4800 or contacting your loan officer directly.

You may request paper copies of any Document at no cost to you. Please contact Fairway Independent Mortgage Corporation by regular mail at 4750 South Biltmore Lane, Madison, WI 53718, by dialing toll free 866-912-4800.

You will be able to receive Documents provided by; (i) the web portal which will be provided to you when the Documents are available, which may occur during or prior to submission of your data and or after your submission of data; or (ii) by email link or posting on a website designated by us which will be made available to you.

It is within your rights to withdraw consent to having Documents provided in electronic format and agree to have same Documents provided in paper format. Please contact Fairway at 866-912-4800 or by regular mail at 4750 South Biltmore Lane, Madison, Wisconsin 53718. Your failure to provide valid means to contact you will be treated as a withdrawal of your electronic consent to receipt of Documents, at our discretion. A reasonable amount of time shall be allowed for the processing of your request. No fee will be incurred for withdrawing consent.

It is within our rights by law and at our discretion to cease delivery of Documents electronically. If ever this shall be the case, you will be notified by a communication of our choosing, of the discontinuance of electronic documents.

Electronic Signatures in Global and National Commerce Act apply to receipt and consent to acceptance of Documents in electronic form, your Agreement, and to transact with you through this service.

Communication Authorization Consent

At Fairway Independent Mortgage, honoring your communication preferences is important to us.

Providing your contact information is completely optional. If you choose to provide your contact information, you are requesting and authorizing that Fairway Independent Mortgage, its affiliates, successors, and assigns may contact you at any email address or phone number provided. If you provide your contact information and authorize that we contact you, this will help us provide information about Fairway and the loan process.

If you choose to provide your contact information, you should be aware of the following:

  • Providing your cell phone number may result in charges to you as your ordinary service rates may apply.
  • By providing your cell phone number, you also agree to receive text messaging notices regarding your account, which may result in standard text messaging rates.
  • We may also contact you by sending emails, using any email-address you provide to us.
  • Method of contact may include using prerecorded, artificial voice messages and/or use of an automated dialing service, as applicable.
  • If you choose to provide contact information and later decide to “opt out” of receiving communication or if your contact information changes, then you can update your preferences by contacting Fairway Independent Mortgage at 866-912-4800 or customerservice@fairwaymc.com.

Customer Information Sharing Choices/Opt Out

Federal law requires us to tell you how we collect, share, and protect personal information about our customers. While Federal law allows us to share information about you to run our business, to perform services and offer our products, Federal law also gives you the right to limit some, but not all, sharing of your personal information. Federal law allows you to opt out of our privacy policy or restrict us from sharing information as follows: (1) About your credit worthiness with our affiliates and (2) to all non-affiliates to offer you their products and services. State laws may give you additional rights regarding our information sharing. We share personal information about you as permitted by the law of the state in which you reside and in accordance with federal law. As a Fairway customer you received our Privacy Policy when you became our customer or when you initially became interested in becoming our customer.

You can limit us from sharing your information as permitted by law and as described in our Privacy Policy at any time by informing us of that you choose to Opt Out and by telling us how you do not want your information shared by either calling 866-912-4800 or navigating to www.fairwayindependentmc.com. You may notify us of your choices at any time. If your past choices have not changed, you only need to tell us one time, as long as you remain a Fairway customer.