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Terms & Conditions

Last Updated: January 2024

1. Acceptance of Terms

Welcome to the website of Tim Smith, a mortgage loan officer. These Terms and Conditions govern your use of this website and the services provided through it. By accessing or using this website, you acknowledge that you have read, understood, and agree to be bound by these terms.

2. Limited Use License

You are granted a limited, non-exclusive, non-transferable license to access this website and its content solely for the purpose of requesting mortgage services and information. You agree that:

• The downloading of the whole or significant portions of any content or database is strictly prohibited
• You will not copy, reproduce, distribute, or create derivative works from the website content without prior written permission
• You will not use automated systems or software to extract data from the website
• You will not modify, reverse engineer, or attempt to access the source code of the website

3. Proprietary Rights and Intellectual Property

All website content, including but not limited to text, graphics, logos, images, software, audio clips, video clips, and data compilations, is the property of Tim Smith or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

The trademarks, service marks, and logos displayed on this website are registered and unregistered marks owned by Tim Smith or third parties. Nothing on this website should be construed as granting any license or right to use any trademark without prior written permission.

4. Disclaimers

This website and all content, services, and products provided through it are offered on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied. We make no guarantees regarding:

• The accuracy, completeness, or reliability of content
• Uninterrupted or error-free operation of the website
• The correction of defects or errors
• The security of data transmitted through the website
• Fitness for a particular purpose or merchantability

Users assume all risks associated with the use of this website, including any risk to your computer, software, or data being damaged by viruses, malware, or other harmful components.

5. Limitation of Liability

IMPORTANT: Tim Smith shall not be liable for any damages whatsoever, including but not limited to:

• Direct, indirect, incidental, or consequential damages
• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Cost of substitute services
• Property damage or personal injury

This limitation applies even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

6. Jury Trial Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOTH YOU AND TIM SMITH WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY LEGAL DISPUTE ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THIS WEBSITE.

7. Indemnification

You agree to defend, indemnify, and hold harmless Tim Smith and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses arising from:

• Your use or misuse of the website
• Your violation of these Terms and Conditions
• Your violation of any third-party rights, including intellectual property rights
• Any content you submit through the website
• Your violation of any applicable laws or regulations

8. Third-Party Links and Services

This website may contain links to third-party websites or services that are not owned or controlled by Tim Smith. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Tim Smith shall not be responsible or liable for any damage or loss caused by or in connection with the use of any such third-party content or services.

9. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States and the State of Tennessee, without regard to its conflict of law provisions. Any legal disputes arising from these terms or your use of this website shall be subject to the exclusive jurisdiction of the courts located in Memphis, Tennessee.

10. User Obligations and Representations

By using this website and submitting information, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate and current
• Consent to receive communications via email, phone, fax, or other channels
• Not use the website for any unlawful or prohibited purpose
• Not interfere with or disrupt the website or servers
• Not transmit any viruses, malware, or other harmful code

11. Information Accuracy

While we strive to provide accurate and up-to-date information on this website, mortgage rates, terms, programs, and other information are subject to change without notice. We make no representations or warranties regarding the accuracy or completeness of any information provided on this website. You should verify all information and not rely solely on website content for making financial decisions.

12. Not a Commitment to Lend

Nothing on this website constitutes a commitment or offer to make a loan, extend credit, or provide any mortgage services. All loan applications are subject to credit approval, property approval, and underwriting guidelines. Not all customers will qualify for all products or the rates shown.

13. Privacy and Data Use

Your use of this website is also governed by our Privacy Policy. By using this website, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.

14. Modification of Terms

We reserve the right to modify these Terms and Conditions at any time without prior notice. Changes will be effective immediately upon posting to the website. Your continued use of the website after any changes constitutes your acceptance of the modified terms. We encourage you to review these terms periodically.

15. Severability

If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

16. Entire Agreement

These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and Tim Smith regarding your use of this website and supersede all prior agreements and understandings.

17. No Waiver

Our failure to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative.

18. Contact Information

If you have any questions or concerns regarding these Terms and Conditions, please contact us:

Tim Smith
Senior Loan Officer
Email: Tim.Smith@ccm.com
Phone: 901-443-9132
Address: 6263 Poplar Ave, Suite 430, Memphis, TN 38119

19. Licensing Information

Tim Smith is a licensed mortgage loan officer. NMLS #104578. Licensed in: Alabama, Arkansas, Florida, Kentucky, Missouri, Mississippi, and Tennessee. Licensing information can be verified through the NMLS Consumer Access website at www.nmlsconsumeraccess.org.