Last updated on: 1/2/2018
The terms and conditions governing use of the BNY Mellon, N.A. (“BNY”) Mortgage Client Portal are set forth herein (“Terms of Use”) and are subject to change from time to time.
For the purposes of the Terms of Use, the BNY Mortgage Client Portal shall be referred to as the “Portal”.
The Portal, and any tools, products or services offered and/or provided by BNY Mellon, N.A. through the Portal (such tools, products and services, collectively "Services") are offered to you conditioned upon your acceptance without modification of these Terms of Use. By using the Portal or any Services, you agree to these Terms of Use. Please read these Terms of Use carefully. If you do not agree to these Terms of Use, or do not have the legal right or authority to accept these Terms of Use, you may not use the Portal or any Services.
These Terms of Use are in addition to any other agreements between you and BNY, including any customer or account agreements and other agreements and disclosures that govern your use of Services available on the Portal. In addition, the Portal may contain additional disclosures governing your usage of the Portal and Services.
We may revise these Terms of Use from time to time by posting a revised version on the Portal without notice to you. You should check these Terms of Use each time you use the Portal or Services for such revisions to ensure you agree to them. By using the Portal or Services or engaging in any of the activities described in these Terms of Use after changes have been made to these Terms of Use, you are agreeing to accept and comply with those changes.
The information contained on the Portal is intended for use by BNY, BNY mortgage loan applicants and/or mortgage clients only, and by accessing the Portal, you are representing to BNY that you have applied for a mortgage loan or have a mortgage loan with BNY .
The Portal and Services contain copyrighted works, trademarks and other proprietary material owned by BNY or third party providers. BNY and our providers own all rights, title and interest in and to the Portal, all the content, data and materials thereon, the look and feel, design and organization of the Portal, and the compilation of the content, data, and materials on the Portal, including all intellectual property and proprietary rights therein.
You may use the material available from the Portal and Services for informational purposes only. You may print copies of pages from the Portal for your personal purposes, provided that each copy includes any copyright, trademark or service mark notice or attribution as they appear, on the pages copied. The availability of third party material on the Portal is not to be used as a substitute for a license or services agreement directly with the relevant third party provider. Except as stated above, you may not copy, reproduce, publish, post, transmit, display, store, sublicense, transfer or distribute material from the Portal or Services without BNY’s express written permission and that of our third party providers, as applicable ("Permission").
You also may not:
Doing any of the acts listed above may constitute an infringement of BNY and/or a third party’s copyright and other intellectual property.
Nothing contained on the Portal or Services should be construed as granting, by implication, estoppel or otherwise, any license or right in and to BNY’s trademarks or copyrighted material.
We reserve the right to prohibit access to anyone whom we determine is violating these Terms of Use, restricting or inhibiting any other user from using or enjoying the Portal or Services, or whose conduct we reasonably determine may constitute a criminal offense, give rise to civil liability, or otherwise violate applicable law. You agree that BNY shall not be liable to you or any third party for any termination of your access to or use of the Portal or Services.
The Portal may provide links to other websites that we think might be of interest to our users ("Linked Sites"). Links to Linked Sites are provided only as a convenience to users of this Site. Please note that when you click on a Linked Site, you may be moving to another provider's website. These Linked Sites and their providers are not controlled by BNY and BNY is not responsible for the contents or the operation of any Linked Site. The inclusion of any Linked Site does not imply endorsement of the Linked Site or its provider by BNY. We encourage you to read the terms of use and privacy statements of these Linked Sites as their policies may differ from ours.
The information on the Portal and the Services is for information purposes only and is not intended as an offer or solicitation for the purchase of any security or any financial instrument. The information contained on the Portal and the Services described on the Portal are subject to change without notice. WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY OR LOSS ARISING OUT OF ANY ACTION TAKEN IN RELIANCE ON THIS INFORMATION. Any Services fees, charges, interest rates, and balance requirements may differ among geographic locations. Not all Services are offered in all countries.
YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS. BNY AND ANY THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS OR CONTINUED AVAILABILITY, WITH RESPECT TO (i) THE PORTAL; (ii) ANY SERVICES AVAILABLE ON OR THROUGH THE PORTAL; (iii) YOUR USE OF THE PORTAL OR SERVICES; AND (iv) THE RESULTS OF THE USE OF THE PORTAL OR SERVICES. FURTHER, BNY AND ANY THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES WITH RESPECT TO ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY SERVICES AVAILABLE THROUGH THE PORTAL.
Any statements and opinions expressed on the Portal are as of the date of publication, are subject to change as economic and market conditions dictate, and are those of the author(s) and do not necessarily represent the views of BNY. Some content on this site may be provided by third party providers, which we consider to be reliable but have not independently verified. We do not guarantee that it is accurate or complete.
EXCEPT AS PROVIDED BY LAW, NEITHER BNY NOR ANY THIRD PARTY HAS ANY RESPONSIBILITY TO MAINTAIN THE INFORMATION OR SERVICES OFFERED ON THE PORTAL OR TO SUPPLY CORRECTIONS OR UPDATES TO THE SAME.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTIES LAST OR THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES; IN SUCH EVENT, SUCH DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
BY ACCESSING THE PORTAL OR RECEIVING ANY SERVICES, YOU AGREE TO WAIVE ALL CLAIMS AGAINST US AND ALL THIRD PARTY PROVIDERS REGARDING THE PORTAL, THE SERVICES AND YOUR USE THEREOF. YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PORTAL OR ITS SERVICES BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, TRADING LOSSES, GOOD WILL, BUSINESS INTERRUPTION, SAVINGS OR DATA, EQUIPMENT OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (1) THE RELIANCE ON, USE OF OR INABILITY TO USE THE PORTAL OR ANY SERVICES; (2) THE CONSEQUENCES OF ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU OR BY ANYONE TO WHOM YOU COMMUNICATE INFORMATION DERIVED FROM THE PORTAL OR SERVICES, OR FOR ANY ERRORS BY YOU IN COMMUNICATING SUCH INFORMATION; (3) THE COST OF SUBSTITUTE SERVICES; (4) FORCE MAJEURE AND ANY SIMILAR EVENTS THAT ARE BEYOND OUR REASONABLE CONTROL; OR (5) ANY OTHER MATTER RELATING TO THE SERVICES OR DISTRIBUTION OF SERVICES THROUGH THE PORTAL. WE SHALL NOT BE LIABLE FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF THE PORTAL OR SERVICES. WE CANNOT AND WILL NOT ASSUME ANY LIABILITY FOR UNAUTHORIZED OR FRAUDULENT USE OF THE PORTAL AND ANY SERVICES.
OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE OR CLAIM RELATED TO THESE TERMS OF USE, THE PORTAL OR ANY SERVICES IS YOUR CESSATION OF THE USE OF THE PORTAL AND ANY AND ALL SERVICES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless BNY and its third party providers, and each of its and their officers, directors, employees, and agents, from and against all claims, demands, liabilities, damages, losses or expenses, including reasonable attorneys' fees, relating to any information you submit, post to or transmit through the Portal, your use of the Portal or Services, your connection to the Portal, your violation of these Terms of Use or any harm you cause another user of the Portal or Services.
BNY respects our customers' privacy. For more information please read our Online Privacy Statement that is posted on the Portal.
We utilize reasonable security technologies to protect sensitive information. However, the security of this information depends in part on the security of the computer you use to communicate with us, the security you use to protect User IDs and passwords, and the security provided by your internet access services provider. We are not responsible for the security of your internet access services provider; you should review the security and privacy policies of your internet access services provider carefully. Information that you access via this Site may be stored on your computer during your session for your convenience. If others have access to your computer or your User ID and password, they may be able to access this information. In any area of the Site requiring a password, you should log off the Site when you are done viewing information or whenever you leave your computer. We are not responsible for the security or privacy of information communicated to or from such a computer. Finally, you should keep any correspondence you receive relating to this Site or the Services (including, but not limited to, your User ID, passwords, other registration information, emails, order information, or any other information) confidential and in a safe place.
You must provide true, accurate, current and complete information about yourself when you elect to provide personal information to us. You also must maintain and promptly update any such information to keep it accurate. Other than information addressed under our Online Privacy Statement, any and all comments, suggestions, ideas, graphics, or other information that you transmit or post to the Site becomes and will remain our property and may be used by us anywhere, anytime and for any reason whatsoever. Except as may be provided in the Online Privacy Statement, any information or materials submitted to us will be treated as non-confidential and non-proprietary, and we will not have any obligation to use or evaluate any information we receive from you. We will not have to pay you or anyone else for using any ideas or other materials that you may transmit to or post on the Site.
These Terms of Use contain your entire agreement with us regarding this Portal, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and us with respect to the Portal. If any provision of these Terms of Use is deemed illegal or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions.
Your access to and use of the Portal and these Terms of Use are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You expressly and irrevocably agree that exclusive jurisdiction and venue for any claim or dispute with us, our employees, contractors, officers, directors, and content providers or relating in any way to your use of the Portal or Services resides in the state or federal courts in the borough of Manhattan, New York, New York and you further irrevocably agree and expressly and irrevocably consent to the exercise of personal jurisdiction in those courts over any action brought under these Terms of Use. WE AND YOU HEREBY WAIVE THE RIGHT OF TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATED TO THE PORTAL, SERVICES OR THESE TERMS OF USE.
If you have any questions relating to these Terms of Use, the Site , the Services, or BNY Mellon, N.A., please contact us at:
BNY Mortgage Banking
Attn: Mortgage Operations
One Boston Place
Boston, MA 02108
BNY is licensed under US Patents 5,940,510; 5,949,880; 6,105,013; and 6,237,095. Certain subsidiaries of BNY are licensed by DataTreasury Corporation under US Patents 5,910,988 and 6,032,137.
©2018 BNY Mellon, N.A.