Terms of Use
Last Update: August 2025
These Terms of Use (“Terms”) govern our relationship with you and your use of the websites of the Mortgage Companies and their respective subdomains, any other websites that are owned, controlled, or managed by a Mortgage Company and integrated applications (the “Website”) or the other services, products, platforms, features, content, interactions, or applications (including mobile applications) for the solicitation, origination, servicing, processing, sale, advertising, and maintenance of mortgage loans (collectively, the “Services”). “Mortgage Companies” in these Terms means Prosperity Home Mortgage, LLC and its operating subsidiaries, including HomeServices Lending, LLC. By accessing, continuing to browse, or using the Website, you agree to comply with and be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Website.
General Information
1. Acceptance of Terms
By accessing or using the Website, you accept and agree to these Terms and any additional policies referenced herein, including our Privacy Policy. Your continued use of the Website following any changes to these Terms signifies your acceptance of the updated Terms.
2. Access
The Mortgage Companies’ Websites provide access to integrated mortgage and real estate Services. While the Websites are designed to facilitate access to these Services, they expressly do not provide specific financial, real estate, investment, or legal advice, and reliance on any information provided is at your own risk.
3. Changes to Terms
We may revise, modify, and/or update these Terms from time to time in our sole discretion and without advance notice. Any changes are effective immediately upon posting by the Mortgage Companies. We encourage you to review the Terms periodically to stay informed of any updates.
4. Account Registration
To access certain features of the Services or Websites, you may be required to register or create an account, which may require users to give us contact information (like your name), unique identifiers (such as your email address), and demographic information (like your Zip code). By registering for an account, you agree to provide accurate and current information and to update it as necessary or required. You are responsible for maintaining the confidentiality of your account and any associated log in and password information. Customer contact information is shared among our family of consumer applications and affiliates so that, when possible, you can enjoy member benefits without having to register more than once. Any unauthorized access or suspected security breach should be reported to us immediately via email at privacy@phmloans.com. Mortgage Companies are not liable for any loss or damage resulting from unauthorized access to your account.
5. Permitted Use
You are granted a limited, non-exclusive, revocable, non-transferable license to access and use the Website and its content for personal, non-commercial purposes only. This license does not include any resale, distribution, public display, or other commercial uses of any content on the Website without the prior written consent and authorization of the Mortgage Companies, which may be withheld for any reason.
6. Prohibited uses
You agree not to use the Website in any manner that: (1) violates any applicable federal, state, or local laws or regulations; (2) is fraudulent, abusive, or deceptive; (3) threatens the integrity of the Websites or Services, including the use of bots, spiders, or scraping, to collect information or interfere with the Website/Services; (4) transmits any unsolicited advertising or promotional material; (5) releases or infects with viruses, malware, or any harmful code that may disrupt or damage the Website or other users’ systems; (6) misrepresents or falsifies one’s identity, affiliation, intent, or documentation; or (7) interferes with the Website’s security features or imposes an unreasonable load on the infrastructure of the Websites. Unauthorized use of the Website or Services may give rise to a claim for damages and/or be a criminal offense.
7. Cookies
This consumer application uses cookies to monitor browsing preferences.
8. Third-Party Links
From time to time the Website may also include links to other consumer applications or posts from other users and third-parties. These links and posts are provided for your convenience to provide further information. They do not signify that we control, endorse, or assume responsibility for the consumer application(s) or the post. We have no responsibility for the content of the linked consumer application(s) or posts of other users except as expressly stated herein. We reserve the right to add, modify, and remove all material of the consumer application in its sole and absolute discretion including, without limitation, links and posts. Any interactions or transactions with third-party services are at your own risk, and you should review applicable terms and policies before engaging with them. The Mortgage Companies disclaim liability for any damages arising from third-party interactions.
9. Mobile Applications
By accessing or using any mobile application (the "App") associated with our Services, you acknowledge and agree to the following: (1) You are responsible for ensuring that your mobile device is compatible with the App. We do not guarantee that the App will operate as intended on your device; (2) Use of the App may require mobile data, and you may incur charges from your wireless provider. You are solely responsible for any such charges and for adhering to your wireless provider’s terms of service; (3) By using the App, you consent to receive and install any required release updates or upgrades as necessary to improve functionality or address technical issues; (4) The App may include third-party software subject to open-source licenses. Any use of third-party software is governed by the terms of the applicable license and our Terms are not applicable.
10. Disclaimer of Warranties & Limitation of Liability
The information contained in the Website is for general information purposes only and is provided “as is” and “as available.” While we endeavor to keep the information up to date and correct, neither the Mortgage Companies nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, reliability, availability, completeness or suitability of the information and materials found or offered on the Websites or Services for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Any reliance you place on such information or your use of any information or materials on this Website is therefore strictly at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this consumer application meet your specific requirements. In no event will we be liable for any loss or damage including without limitation, indirect, incidental, special, punitive, or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profit, arising out of, or in connection with, the use of the Website or Services. In no event will the Mortgage Companies’ aggregate liability exceed $100.
Through this consumer application you are able to link to other consumer applications which are not under our control. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the consumer application up and running smoothly. However, we take no responsibility for, and will not be liable for, the consumer application being temporarily unavailable due to technical issues beyond our control.
11. Indemnification
You agree to indemnify, defend, and hold harmless the Mortgage Companies, their affiliates, officers, directors, employees, agents, and licensors from any claims, liabilities, damages, judgments, losses, costs, or expenses (including attorneys’ fees) arising from your use of the Website or any violation of these Terms.
12. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
Minors
This Website is intended for use by individuals who are at least 18 years of age and who reside in the United States or its territories. By using the Website, you represent and warrant that you meet these eligibility requirements.
Copyright Notice
This Websites and the Services, including all Content are copyright of the respective Mortgage Companies or its parent entities. All rights reserved. Content shall mean and include (a) content, trademarks, service marks, graphics, logos, text, graphics, images, button icons, software, editorial content, “look and feel,” notices, and other materials on the Websites or Services and (b) statements, comments, testimonials, images, videos, or audio. Any redistribution or reproduction of part or all of the Content in any form is prohibited other than the following:
- You may print or download to a local hard disk extracts of the Content for your personal and non-commercial use only;
- You may copy the Content to individual third parties for their personal use, but only if you acknowledge the Website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the Content. Nor may you transmit it or store it in any other consumer application or other form of electronic retrieval system. Any trademarks reproduced which are not the property of, or licensed to, the Mortgage Companies, are acknowledged as applicable.
If you provide any ideas, suggestions, or feedback (“Feedback”) related to the Websites or Services, you agree that this information, including your name, image, likeness, and personal characteristics, may be used by the Mortgage Companies for any purpose in its sole discretion, without any obligation to you, including any intellectual property rights, monetary or otherwise. Further, you grant to the Mortgage Companies a perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, adapt, publish, display, distribute, and create derivative works therefrom for purposes such as marketing, advertising, or promotional materials. You confirm that you have all necessary rights to grant this license. You waive all claims against the Mortgage Companies and its affiliates, parents, subsidiaries, employees, agents, and representatives related to their use of the Feedback including claims for copyright or trademark infringement, invasion of privacy, defamation, or emotional distress, even if caused in part by negligence. You also waive any right to stop or limit use of the Feedback, including through injunctive or equitable relief.
Dispute Resolution & Arbitration
Subject to applicable law, you expressly understand and agree to resolve all claims, disputes, or controversies arising between you and any Mortgage Company, its parents, affiliates, and/or subsidiaries through final and binding individual arbitration and not in a class, representative or consolidated action or proceeding: all claims, disputes, or controversies, including those arising from the Telephone Consumer Protection Act of 1991 (“TCPA”) or state law claims similar or related to the TCPA. Disputes will be arbitrated at a hearing conducted in Fairfax County, Virginia. The arbitrator, not the court, will resolve the issue of arbitrability, including the enforceability, applicability, or interpretation of any provision of this Agreement. You understand you will not be able to litigate any disputes in court, and you voluntarily and knowingly agree to waive your right to a jury trial. Any state or federal court having jurisdiction thereof may enter judgment of any award the arbitrator renders. This arbitration contract is made under a transaction in interstate commerce, and the Federal Arbitration Act (“FAA”) will govern its interpretation, application, enforcement, and proceedings. Neither you nor a Mortgage Company are entitled to join or consolidate claims in arbitration by or against other consumers or to arbitrate any claim as are presentative or member of a class or in a private attorney general capacity. You agree that any other action(s) at law or in equity arising out of or relating to these Terms of Use or the use of this website shall be filed only in the state or federal courts located in Fairfax County, Virginia, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating. If any provision of this Agreement is determined to be invalid or unenforceable with respect to a particular claim, the arbitration provisions as to all other claims will still be fully enforceable.
DMCA Notice
In accordance with Digital Millennium Copyright Act (DMCA) provisions that are applicable to Internet Service Providers (17 U.S.C. § 512), the Mortgage Companies take the ownership of content very seriously, and have a strict policy to protect ownership of content displayed on the Websites, including subdomains, subdirectories, mega tags or the like. If you believe that your work and/or intellectual property has been posted on this site in a manner that infringes upon your copyright, please provide the following written information to our designated copyright agent below:
- An electronic or physical signature of the person authorized to act on the behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A direct link to, or a full description of location of the infringing material upon this site, or a hosted subdomain;
- Your address, telephone number, and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf
Please ensure that you are the lawful copyright owner or have right to the copyright under the requirements of the DMCA prior to sending notice.
To contact us regarding these matters, please direct all inquiries to the following person:
DMCA Contact Name: Katherine Bosma
Address: 3060 Williams Drive, Suite 600, Fairfax, VA 22031
Email Address: katherine.bosma@phmloans.com