Terms of Use

AGREEMENT BETWEEN USER AND AMEC Home Loans, Inc.

The AMEC Home Loans, Inc. (“AMEC”) Web Site is comprised of various Web pages operated by AMEC.

The AMEC Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the AMEC Web Site constitutes your agreement to all such terms, conditions, and notices contained herein. If you do not agree to these terms and conditions, do not access this Web Site or any of its pages.

MODIFICATION OF THESE TERMS OF USE

AMEC reserves the right to change the terms, conditions, and notices under which the AMEC Web Site is offered, including but not limited to the charges associated with the use of the AMEC Web Site. AMEC will update the terms of us on this Web Site as appropriate.

LINKS TO THIRD PARTY SITES

The AMEC Web Site may contain links to other Web Sites (“Linked Sites”). These are provided for information purposes only on topics that may be useful to the users of the AMEC Web Site.  The Linked Sites are not under the control of AMEC and AMEC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. AMEC is not responsible for webcasting or any other form of transmission received from any Linked Site. AMEC provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by AMEC of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the AMEC Web Site, you warrant to AMEC that you will not use the AMEC Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the AMEC Web Site in any manner which could damage, disable, overburden, or impair the AMEC Web Site or interfere with any other party’s use and enjoyment of the AMEC Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the AMEC Web Sites.

USE OF COMMUNICATION SERVICES

The AMEC Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

AMEC has no obligation to monitor the Communication Services. However, AMEC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. AMEC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

AMEC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in AMEC Home Loans, Inc.’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. AMEC does not control or endorse the content, messages or information found in any Communication Service and, therefore, AMEC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized AMEC spokespersons, and their views do not necessarily reflect those of AMEC Home Loans, Inc.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO AMEC OR POSTED AT ANY AMEC WEB SITE

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE AMEC WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AMEC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE AMEC WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE AMEC WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

AMEC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE AMEC WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. AMEC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AMEC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE AMEC WEB SITE, WITH THE DELAY OR INABILITY TO USE THE AMEC WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE AMEC WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE AMEC WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AMEC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE AMEC WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE AMEC WEB SITE.

SERVICE CONTACT: brad.anderson@amecinc.com

TERMINATION/ACCESS RESTRICTION

AMEC reserves the right, in its sole discretion, to terminate your access to the AMEC Web Site and the related services or any portion thereof at any time, without notice.

GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Minnesota, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Hennepin County, Minnesota, U.S.A. in all disputes arising out of or relating to the use of the AMEC Web Site. Use of the AMEC Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and AMEC as a result of this agreement or use of the AMEC Web Site. AMEC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of AMEC Home Loans, Inc.’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the AMEC Web Site or information provided to or gathered by AMEC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and AMEC with respect to the AMEC Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and AMEC with respect to the AMEC Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the AMEC Web Site are: and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

PROGRAM DISCLOSURE AND TERMS AND CONDITIONS-CLOSING GUARANTEE

AMEC must receive the following documentation from  the borrower (“Borrower”):

  • A completed and signed standard loan application (form 1003) for a first lien position mortgage on the property submitted to AMEC not more than sixty (60)  calendar days  before  AMEC receives the Agreement from the Borrower
  • An executed purchase agreement (“Agreement”) for a residential real estate property only located in states where AMEC is licensed to do business with a closing date that is no sooner than thirty (30) calendar days  after AMEC receives the Agreement from Borrower. There may be no contingencies in the Agreement that extend more  than ten (10)  calendar days  after AMEC receives the Agreement, except for the following:  any contingency that (i) relates to AMEC’s approval of the Borrowers application, or (ii) it relates to the Borrower selling  their current primary  residence on or before  the closing date of the Agreement.
  • A signed lock agreement to lock an interest rate with AMEC not less than ten (10) calendar days  before  the closing date of the agreement.
  • All signed disclosures with a signed Intent to Proceed document within three (3) business days after AMEC receives the Agreement from the Borrower.
  • All program requirements must be fully satisfied and all conditions cleared by underwriting no less than ten (10)  business days  prior to the close date on the Agreement.

The offer is void under the following circumstances:

  • The appraisal needs to be back and satisfied at least seven (7) calendar days  prior to the closing date on the Agreement. Also, the appraised value  of the Property does not equal  or exceed the sales price  in the Agreement, or if any  repairs or property contingencies are not complete.
  • If any part of the application or any loan conditions contain any  fraudulent or misleading information or false representation.
  • Where prohibited by applicable law or investor requirements and in the event that due to re-disclosure federal  or state regulatory requirements require any  and  all waiting period  prior to closing that extends beyond the specified closing date of the agreement.
  • If the Borrower has a condition not satisfied to sell their primary home  prior to or at closing in the Agreement
  • If for any reason the closing is delayed from the original closing date on the Agreement due  to acts or omissions of either the Seller or Borrower: the acts, omissions, negligence, or malfeasance of another party that is not the Seller, the Borrower or AMEC; or any  natural disaster or extraordinary event or circumstance beyond the control of the Borrower or AMEC.

If all the terms and  conditions herein are satisfied and  AMEC is unable to close the loan,  then AMEC will apply  a credit in an amount up to $5,000  toward the Borrower’s first month’s mortgage payment, in an amount not to exceed the amount of Borrower’s first month’s mortgage payment. Plus, AMEC will issue a $5,000  check to the Seller of the subject property. This  agreement requires the Borrower to satisfy all AMEC’s underwriting guidelines and  loan approvals conditions and  providing an acceptable property appraisal and  clear  title report to AMEC. The  subject property address may  not change prior to the specified close date in the Agreement. No  assignment of the Agreement or substitute Borrower is allowed  for this offer.

AMEC reserves the right to amend or cancel the Program at any  time, with or without notice; however the Borrower remains eligible  for this offer, provided the Program was  in effect on the date that AMEC received an executed Agreement and  an executed standard loan application (form 1003).   Other restrictions may  apply.  Please contact AMEC for specific details as  to the availability of this offer at the time of submitting the loan application and/or Agreement

Program Exclusions

  • USDA Loans
  • Brokered Loans
  • Jumbo Loans
  • Renovation Loans
  • Refinance Loans
  • Employee Loan
  • Reverse Mortgage Loans
  • Mortgage Revenue Bond Programs
  • Non-warrantable Condominiums
  • All Properties located in a flood zone
  • Bank-owned Properties & Short Sale Loans