By accessing or using the Services, you acknowledge that you are considering Onyx Mortgage LLC as your Loan Officer. You acknowledge and agree that you are entering into a lawful consumer relationship with Onyx Mortgage LLC. You have no obligation to work with Onyx Mortgage LLC, and you may terminate your use of the Services provided by Onyx Mortgage LLC at any time. You represent that you have a bona-fide interest in the purchase, sale, or refinance of real estate through Onyx Mortgage LLC. Any information you obtain from the Services is intended for your personal, non-commercial use. You agree to not copy, redistribute, or retransmit any data or information provided through the Onyx Mortgage LLC except in connection with your consideration of the purchase, sale, or refinance of real property. You acknowledge that the individual multiple listing service (MLS) which supplies the listing data owns the rights to such data, and you acknowledge the validity of the MLS’s copyright of such data.
The Services offered by us are based in the United States. We may change, suspend, or discontinue all or any part of the Services, or deny you access to all or any part of the Services, without notice and without reason. By accessing the Services, you agree that you will not:
You must be at least 18 years of age to use the Services. By agreeing to these Terms, you represent and warrant that:
To access some features of the Services, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as an email address or other contact information. You agree that the information you provide is accurate and that you will keep it accurate and up to date at all times. You are responsible for maintaining the confidentiality of your usernames and passwords associated with your account and the Services. You must notify us immediately of any unauthorized use of your account. You may be liable for losses or damages incurred by us or any other user of the Services due to someone else using your username, ID, password, or other information which provides access to the Services. We are not liable for any loss or damage you may incur as a result of your failure to comply with these requirements.
You are prohibited from violating or attempting to violate the security of the Services, including, without limitation:
Violations of system or network security may result in civil or criminal liability. Onyx Mortgage LLC will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
You are granted a non-exclusive, non-sublicensable, non-transferable, personal, limited license to use the software and related functionality embedded in the Services (collectively, “Software”). Certain Software that Onyx Mortgage LLC uses to provide the Services has been licensed from third parties (each, a “Third Party Licensor”) that are not affiliated with Onyx Mortgage LLC. Your limited right to use the Software is revocable in the discretion of Onyx Mortgage LLC and its Third-Party Licensors. You agree to download and install all Software updates for the Services promptly once they are available to you. Onyx Mortgage LLC and its Third-Party Licensors have no obligation to correct any bugs, defects or errors in the Services or Software, or to otherwise support, maintain, improve, modify, upgrade, update, or enhance the Services or Software.
Although Onyx Mortgage LLC has tried to provide accurate and timely information, the content of the Services may not be accurate, complete and/or current and may include typographical errors or technical inaccuracies. The information and materials contained in the Services are subject to change at any time without notice. Onyx Mortgage LLC may change the products, services and other information identified on the Services at any time. Applicable terms, conditions, and eligibility requirements are subject to change and not all Services are available in all geographic areas. The information published on the Services is provided as a convenience to our visitors and is for informational purposes only. You should verify all information before relying on it and any decisions which you may make based upon the information contained on the Services shall be at your sole risk and responsibility. Your eligibility for particular Services is subject to final approval, determination, and acceptance by Onyx Mortgage LLC in its sole and absolute discretion, notwithstanding your visit to and/or use of the Services.
You agree that when you use the Services, you will remain subject to the terms and conditions of all of your existing agreements with us, our affiliates and/or any unaffiliated service providers and your internet service provider and mobile service carrier or provider, and that these Terms do not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of the Services (for example, your mobile service carrier or provider may impose data usage or text message charges for your use of or interaction with the Onyx Mortgage LLC Apps), and you agree to be solely responsible for all such fees, limitations, and restrictions. You agree that only your mobile service carrier or internet service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your carrier or provider directly with your carrier or provider without involving us.
Onyx Mortgage LLC and the other trademarks, logos, and service marks displayed on the Services are our trademarks or those of our affiliates and/or other respective third-party owners. Under no circumstances may you alter, modify, or change these trademarks. You are prohibited from using these trademarks for any purpose without written permission. All rights, title, and interest in the Services and any content contained herein are the exclusive property of Onyx Mortgage LLC, except as otherwise stated.
The information contained on the Services, including but not limited to text, graphics, and images (other than certain images licensed from third parties) and their arrangement, are copyright ©2016-2021 by Onyx Mortgage LLC. and/or its affiliates and subsidiaries. All rights reserved.
You are authorized to view the information available on the Services for your informational purposes only. If you download any information from the Services for your personal reference, you shall not obscure any copyright, trademark, or other notices, and you acknowledge and agree that you do not acquire any ownership rights by downloading copyrighted material. You may not copy, republish, redistribute, transmit, participate in the transmission of, create derivatives of, alter, edit, or exploit in any manner any material including by storage on retrieval systems, without the express written permission of Onyx Mortgage LLC. Deliberate misuse of the Services is expressly prohibited, and Onyx Mortgage LLC reserves the right to terminate your access to the Services at any time for any reason and to advise the legal authorities of any misuse of the Services, including, without limitation, hacking and the introduction of viruses or other malware.
We respect the intellectual property rights of others. Anyone who believes their work has been reproduced in a way that constitutes copyright infringement may notify our agent by providing the following information:
Upon obtaining such knowledge we will act expeditiously to remove, or disable access to, the material. Please be aware that there are substantial penalties for false claims.
If a notice of copyright infringement has been wrongly filed against you, you may submit a counter notification to our agent. A valid counter notification is a written communication that incorporates the following elements:
By your use of the Services, you also expressly consent to receiving servicing, collection, marketing and other calls and messages (including auto-dialed and pre-recorded message calls), SMS messages (including text messages), faxes, letters, and emails from us, our affiliates, marketing partners, agents, and others communicating at their request or on their behalf, via any telephone numbers (including any cellular telephone numbers), mailing addresses, or email addresses, or by using any other information that you have provided or may provide in the future. Your cellular or mobile telephone provider may charge you according to the type of plan you carry. Your consent will be effective regardless of any registration with any state or federal Do Not Call list or other comparable list or registry. Your consent for auto-dialed and prerecorded calls shall remain in effect until you revoke it. Your consent to these calls may be revoked by informing the telemarketing representative or by any other reasonable method that ensures we receive the revocation. Your consent to telemarketing calls is not a condition of obtaining the Services.
By submitting any comment, complaint, suggestion, improvement, idea, testimonial or other communication (each, a “Submission”) to Onyx Mortgage LLC through the Services or any other method, you acknowledge and agree that any and all Submissions, and all rights therein, become the sole and exclusive property of Onyx Mortgage LLC including any future rights, regardless of any subsequent modification or deletion of the provisions in the Terms. You acknowledge and agree that you irrevocably disclaim any right in the Submission and that the right to use, publish, display, commercially exploit, and create derivative ideas based on the Submission belong exclusively to Onyx Mortgage LLC with no compensation, notice, credit, or other obligation being due or owed to you or anyone else.
You also consent to the recording and monitoring, for quality assurance, training, risk management, collection or other purposes, of any calls or other communications that you place with or send to us (or our agents, representatives, affiliates, third parties or anyone contacting on our behalf) or that we (or our agents, representatives, affiliates, third parties or anyone contacting on our behalf) place to or send to you.
Please note that messages you send Onyx Mortgage LLC by email may not be secure. Onyx Mortgage LLC recommends that you do not send any confidential information to Onyx Mortgage LLC by email. If you choose to send confidential information to Onyx Mortgage LLC via email, you accept all risk that such information may be intercepted by a third party
Because you are using the Internet on the Services, it is necessary for you to consent to transact business with us online and electronically. As part of doing business with us and for all our Services, we also need you to consent to our giving you certain disclosures electronically, either via the Services or to the email address you provide to us. By agreeing to these Terms, you agree to receive electronically all documents, communications, notices, contracts, and agreements—arising from or relating to you—regarding any Services you may request or receive or your use of the Services (each, a “Disclosure”).
Scope of Electronic Consent. Our consent is applicable to receive Disclosures and to transact business electronically. Our agreement to do so applies to any transactions to which such Disclosures relate between you and Onyx Mortgage LLC. Your consent will remain in effect as long as you are a user of the Services and, if you are no longer a user of the Services, will continue until such a time as all Disclosures relevant to transactions that occurred while you were a user have been made.
Consenting to Do Business Electronically. Before you decide to do business electronically with Onyx Mortgage LLC, you should consider whether you have the required hardware and software capabilities described below.
Hardware and Software Requirements. To access and retain Disclosures electronically, you must satisfy the following computer hardware and software requirements: access to the Internet, an email account and related software capable of receiving email through the Internet, a web browser which is SSL-compliant and supports secure sessions (such as Microsoft Edge, mobile Safari, Firefox, Chrome, or the equivalent software), and hardware capable of running this software.
Additional Mobile Technology Requirements. If you are accessing our Services and the Disclosures electronically via a mobile device (such as a smart phone, tablet, and the like), in addition to the above requirements, you must make sure that you have software on your mobile device that allows you to print and save the Disclosures presented to you during the application process. These applications can be found for most mobile devices in the devices’ respective “app store.” If you do not have these capabilities on your mobile device, please access this through a device that provides these capabilities.
Withdrawing Consent. You may withdraw your consent to receive Disclosures electronically by contacting us at the address below. However, once you have withdrawn your consent you may not be able to access or use the Services. If you have a pending request on the Services or relating to the Services, we may terminate it and remove it from our system. If you have already received or used the Services, all previously agreed to terms and conditions will remain in effect, and we will send Disclosures to your verified business address provided during registration.
How to Contact Us regarding Electronic Disclosures. You can contact us via email at [email protected] or by calling 615-496-7839. You may also reach us in writing to us at the following address: “Onyx Mortgage LLC”., 5801 Seven Points Trace, Hermitage, TN 37076, Attention: Customer Service.
Contact Information and License Disclosures
The Services are offered by Onyx Mortgage LLC and its affiliates, headquartered at 5801 Seven Points Trace, Hermitage, TN 37076. You may contact Onyx Mortgage LLC by sending correspondence to that address or emailing [email protected]
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.
In order to protect against identity theft, all of the data that customers provide will be transmitted securely to our server where we implement industry standard best practices in securing consumer data; such as using 256-bit encryption. We use a system provided by a third-party that is SOC2 Type II audited. The third-party provider maintains a SOC2 Type II Compliance posture, which includes management of software updates. The third-party provider implements security software patch updates on their platform as quickly as possible after notification of availability is received. SOC2 Type II Compliance ensures their systems are maintained at appropriate patch/system version levels through timely application of system updates. Notwithstanding the forgoing, you agree to release any third-party provider utilized by us from any liability, claims and demands resulting from any lost and/or stolen data provided or otherwise transmitted to our server.
Your privacy is extremely important to us. Protection of your personal or sensitive information and use of such data in a fair and trustworthy fashion comes with a degree of trust in manner that is key to the core values of Onyx Mortgage LLC. This policy applies to all information collected by or in use of Onyx Mortgage LLC.
Onyx Mortgage LLC understands that consumers furnish sensitive information during the mortgage application process as is considering to be within the course of business. The Company and Management are committed to treating such information responsibly and identify expectations surrounding the sourcing, storage, and retention of such personal and financial information.
Subtitle A of Title V of the Gramm Leach Bliley Act established specific guidelines regarding to disclose nonpublic personal information about a consumer to nonaffiliated third parties and requires a financial institution to disclose to all of its customers the institution’s privacy policies and practices relating to information sharing with both affiliates and nonaffiliated third parties. Additionally, the Act requires that customers be provided an opportunity to opt-out of sharing his or her nonpublic personal information to nonaffiliated third parties subject to certain exceptions. Onyx Mortgage LLC has elected to not share any non-public personal information with nonaffiliated third parties other than as permitted by the exceptions delineated in the privacy rule.
Affiliate - any company that controls, is controlled by, or is under common control.
Personally, identifiable financial information - any information collected about a consumer in connection with providing a financial product or service to that consumer. This includes: information provided by the consumer during the application process (e.g., name, phone number, address, income); information resulting from the financial product or service transaction (e.g., payment history, loan or deposit balances, credit card purchases); information from other sources about the consumer obtained in connection with providing the financial product or service (e.g., information from a consumer reporting agency or from court records)
Publicly available information - any information Onyx Mortgage LLC reasonably believes is lawfully made available to the general public from federal, state, or local government records, widely distributed media, or disclosures to the general public that are required to be made by federal, state, or local law.
Nonaffiliated third party – means any person who is not an affiliate.
Nonpublic personal information - consists of personally identifiable financial information obtained or that is provided by a consumer that is not publicly available information. It includes any lists, descriptions, or other groupings of consumers (including publicly available information contained therein) that are derived using personally identifiable financial information that is not publicly available.
Recipient – receipt of nonpublic personal information from a nonaffiliated financial institution and to any nonaffiliated entity to which Onyx Mortgage LLC gives nonpublic personal information.
The Right to Financial Privacy Act established guidelines and procedures regarding how agencies of the federal government may obtain the financial records of certain customers. The Right to Financial Privacy Act covers requests for financial information regarding individuals and partnerships with five or fewer people. It does not govern record requests for corporations or partnerships with more than five people. The Right to Financial Privacy Act only covers requests from a federal government authority. It does not apply to requests from the Internal Revenue Service or from state, local, or other non-federal agencies.
Onyx Mortgage LLC will not honor any request for information that does not comply with the requirements of the Right to Financial Privacy Act. Strict precautions will be taken to prevent the release of inappropriate information as allowed by the Right to Financial Privacy Act.
Information related to any identified or identifiable individual person or party, such as employees, customers, contractors, partners or any other third party (including third parties’ personnel). Examples of Personal Information are name, address, or credit card number. Other examples of Personal Information may include browsing history, loan applications, and requests for information about products and services, if they relate to an identified or identifiable individual. An identifiable person is one who can be identified, directly or indirectly, by reference to an identification number or to one or more factors specific to his identity. from many sources is collected.
Is Personal Information that receives special legal protection under applicable law. Some examples in the US include social security numbers, credit card numbers, personal health information, credit reports and ratings, race, political affiliations, religious beliefs, personal health information, etc. Sensitive information may require heightened security protection or special individual consent.
We use the information discussed above in a number of ways, such as:
We may also use data that we collect on an aggregate or anonymous basis (such that it does not identify any individual customers) for various business purposes, where permissible under applicable laws and regulations.
We do not disclose nonpublic personal information except as permitted or required by law. Disclosure of personally identifiable information without consumer’s refusal occurs in the following circumstances:
We protect consumer privacy by ensuring that only employees who have a business reason for knowing information have access to it. We have retained the services of a compliance officer as the financial privacy coordinator, who is consulted for maintaining internal procedures to ensure that our consumers’ information is protected.
Collecting or maintaining any sensitive PII electronically in our database, accessible remotely from AWS servers, adheres to best practices related to privacy impact assessments. Access to sensitive PII is based on having a “need to know” basis for the collection of the info., i.e., when the info. relates to our official duties of delivering software services to lenders licensing our platform to enable their customers to have the ability to submit loan applications and corresponding documentation. Access is limited to only sensitive PII needed to fulfill our services, and not to view or use sensitive PII for any purpose other than to fulfill this our required duties.
No documents and data are accessible to casual visitors, passersby, or other individuals within the office without a “need to know.” There will never be an authorization to access, share, or display any info. deemed sensitive PII outside work hours or outside of corporate headquarters, and outside of the company administrative login site. In addition, unless specifically designated to conduct work related to the development and delivery of the platform services to our client, you will not have the ability to access sensitive PII unless given the specific authority and access to do so by a direct supervisor. You access will be monitored utilizing an audit trail of your login, and pages accessed while you are logged in.
Keeping your account information up to date is very important. You may review or update certain account information by logging in and accessing the “Customer Center” section. If you cannot change the incorrect information online, or you prefer to request changes offline, please use the Contact Us option on our site, or call or write to us using the contact information listed on your account statements, records, or other account materials. You can also speak to one of our branch representatives, your financial advisor, or your designated account representative.
Onyx Mortgage LLC
5801 Seven Points Trace
Hermitage, TN 37076
Email: [email protected]