Digital Servicing User Terms
Digital Servicing Portal User Terms
The Digital Servicing Portal allows you as a Members Mortgage Services (MMS) customer to monitor and manage your mortgage account, make one-time payments, set up recurring payments, arrange for special payments, and seek Customer Service assistance. The Digital Servicing Portal is licensed from and hosted by a third-party service provider. The Digital Servicing Portal may be accessed and used only by you or by an individual you authorize (“Digital Servicing Portal Users”).
No Financial Advice, No Legal Advice
In making the Digital Servicing Portal available, MMS is providing no financial advice, nor is it providing legal advice. MMS will not be liable to any party for any act or failure to act relating to any information provided through the Digital Servicing Portal.
Limited License
MMS grants you a revocable, non-exclusive, non-transferable and limited license to access and use the Digital Servicing Portal. This license is conditioned on your continued compliance with the loan agreement governing your mortgage account (“Loan Documents”), this Agreement, and the user terms and conditions and instructions located on the Digital Servicing Portal website (“Terms”). You shall not obtain any intellectual property rights in or any right or license to use such materials or the Digital Servicing Portal other than as set out herein. Your compliance includes and is not limited to ensuring that any Digital Servicing Portal Users who use or access the Digital Servicing Portal on your behalf comply with the Loan Documents, User Terms, and this Agreement.
Your Acknowledgements
You acknowledge and agree as follows:
- The making of one-time and/or special payments, and setting up of recurring payments through the Digital Servicing Portal are Transactions
- MMS shall not affect any Transaction for your account until MMS shall have received in full the funds required to affect the Transaction; A Transaction input into the Digital Servicing Portal is not considered to be executed until you receive affirmative confirmation through the Digital Servicing Portal as to the execution and outcome of the Transaction
- You may amend instructions provided to MMS only in writing or electronically via the Digital Servicing Portal and you bear full responsibility for any use of the Digital Servicing Portal and your Transactions until such time as MMS receives your written notification of amended instructions or your electronic instructions via the Digital Servicing Portal, as the case may be
- By using the Digital Servicing Portal, you authorize MMS to provide information regarding your accounts with MMS and to follow your instructions in the use of the Digital Servicing Portal
- Your failure to comply with the user terms of a Transaction could result in penalties, including but not limited to an ultimate unwinding of the Transaction
MMS will disclose information to third parties about your account or the Transactions you make in the following situations:
- Where it is necessary for completing Transactions
- In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant
- In order to comply with applicable law, a governmental agency or court orders
- If you give MMS your permission
- As otherwise stated in the MMS Privacy Policy
The Digital Servicing Portal includes instructions and other provisions governing your use of the Digital Servicing Portal. You are responsible for complying with each of these and all other instructions and provisions in the Digital Servicing Portal, each of which is hereby incorporated into this Agreement.
These instructions and provisions include, but not limited to, provisions concerning:
Processing Timelines
Your payments must be submitted by the deadline provided for. When you make a payment, you will receive a confirmation that your payment is complete, and the payment will be posted in your “Scheduled Payments.” The payment process will likely take 2 or 3 days, and successful processing of your draft is not confirmed until the payment shows in your “Payment History.”
Insufficient Funds
If any payment you make through the Digital Servicing Portal is returned for any reason, MMS will charge an NSF Fee to your mortgage account. In the event a payment is returned, you will need to ensure timely payment by another means in order to avoid a Late Fee.
Auto Draft Payment Terms and Conditions
The Auto Draft Payment service available through the Digital Servicing Portal is subject to terms and conditions presented at the time you sign up for the service. Your use of the Auto Draft Payment service is subject to those user terms and conditions.
Estimates
The Digital Servicing Portal includes estimates to help you manage your mortgage account. These include, for example, the estimated savings displayed in the Pay Lump Sum and Add to Your Monthly Payment functions. The estimates provided in these and other functions in the Digital Servicing Portal are just that – estimates – and do not necessarily include applicable fees or other charges.
Indemnification
You agree to indemnify, defend and hold MMS and its affiliates, agents, employees, licensors, service providers and Third Party Providers (hereafter defined) harmless against all actions, claims, demands, proceedings, damages, costs, charges and expenses incurred by (including, but not limited to court costs, reasonable attorneys’ fees, fees of accountants and experts, and other expenses incidental to the litigation) arising out of content you submit, post or transmit through the Digital Servicing Portal, your use of the Digital Servicing Portal, your connection to the Digital Servicing Portal, your breach of this Agreement or any covenants, representations or acknowledgements made by you in this Agreement or your violation of any rights of another.
Market Information
MMS may make available to you through the Portal a broad range of financial information that MMS generates internally or obtains from agents, vendors or other third parties (“Third Party Providers”) which may include real estate market data, quotes, news, analyst opinions and research reports (collectively “Market Information”). MMS does not endorse or approve the Market Information, and MMS makes it available to you only as a convenience. MMS and its Third Party Providers do not (a) guarantee the accuracy, timeliness, completeness or correct sequencing of the Market Information, or (b) warrant any results from your use or reliance on the Market Information. Market Information may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. Neither MMS nor the Third Party Providers are obligated to update any information or opinions contained in any Market Information, and MMS may discontinue offering Market Information at any time without notice. You agree that neither MMS nor the Third Party Providers will be liable in any way for the termination, interruption, delay or inaccuracy of any Market Information. You will not redistribute or facilitate the redistribution of Market Information.
Technical Issues
You agree to use the Digital Servicing Portal at your own risk. You shall be responsible for providing and maintaining the means by which to access the Digital Servicing Portal. You shall be responsible for all access and service fees necessary for you to connect to the Digital Servicing Portal. You further assume all risks associated with the use and storage of information on your systems.
You represent and warrant that (i) you have implemented and plan to operate and maintain appropriate protection in relation to the security and control of viruses or other similar harmful or inappropriate materials, devices, information or data, (ii) you will not transmit to or in any way, whether directly or indirectly, expose MMS or any of MMS’s online service providers to any virus or other similarly harmful or inappropriate material or device and (iii) additional security procedures are described on the Digital Servicing Portal and you are responsible for reading them and keeping abreast of changes thereto.
You understand and agree that connection to the Internet provides opportunity for unauthorized access by a third party to your networks and any and all information stored therein. You understand that the technical processing and transmission of information via the Digital Servicing Portal, including your information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. All information transmitted and received through the Internet is subject to unauthorized interception, diversion, corruption, loss, access and disclosure. MMS shall not be responsible for any adverse consequences whatsoever of your connection to or use of the Internet and shall not be responsible for any use by you of an Internet connection in violation of any law, rule, regulation or any violation of the intellectual property rights of another.
You agree that MMS may monitor your use of the Digital Servicing Portal to evaluate the quality of service you receive, your compliance with the User Terms and this Agreement, the security of the Digital Servicing Portal, for MMS’s legitimate purposes consistent with the foregoing. You agree that MMS’s monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which MMS conducts its monitoring and enforces or fails to enforce the user terms of this Agreement governing your use of the Digital Servicing Portal. In no event will MMS be liable for any costs, damages, expenses or any other liabilities incurred by you as a result of MMS’s monitoring activities.
You understand that technical problems or other conditions may delay or prevent you from accessing the Digital Servicing Portal. MMS shall not be liable for, and you agree not to hold or seek to hold MMS or any of its agents or service providers liable for, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high Internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects. MMS does not represent, warrant or guarantee that you will be able to access or use the Digital Servicing Portal at times or locations of your choosing, or that MMS will have adequate capacity for the Digital Servicing Portal as a whole or in any geographic location. MMS does not represent, warrant or guarantee that the Digital Servicing Portal will provide uninterrupted and error-free service.
Hyperlinks
The Digital Servicing Portal may contain links to other websites which are not controlled by MMS and contain material produced by independent third parties. The owners of such linked websites do not necessarily have any relationship, commercial or otherwise, with MMS. The existence of a link from the Digital Servicing Portal to any third party website does not constitute a recommendation or other approval by MMS of such website, its content, or any provider thereof. Any opinions or recommendations expressed on third party websites are those of the relevant provider and are not the opinions or recommendations of MMS. MMS does not accept any responsibility for content, goods or services provided or offered on any website that may be accessed through links on the Digital Servicing Portal.
Intellectual Property
All website, content on the website, as well as documentation provided to you for use of the Digital Servicing Portal, content, trademarks, services marks, trade names, logos, images and icons, including any modifications, improvements and enhancements and additions thereto, are property of MMS or its affiliates, agents or licensors and are protected by applicable copyright, patent or trademark laws (collectively “Intellectual Property”). Except for the limited license granted pursuant to this Agreement, nothing contained on the Portal should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Intellectual Property. You acknowledge that MMS shall retain all right, title and interest in and to its Intellectual Property. You agree not to take any actions which violate the Intellectual Property rights of institution or third parties.