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Terms of Use



PLEASE READ CAREFULLY. BY ACCESSING OR USING THE WEBSITES, MOBILE SITES, MOBILE APPLICATIONS, AND ANY OTHER ONLINE PRODUCTS OR SERVICES PROVIDED BY NEXA Mortgage, LLC (“NEXA,” “we,” “us,” or “our”) (collectively, the “Services”), YOU AGREE TO THESE TERMS OF USE (“Terms”). IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES.



  1. 1) About the Services & Website Content


The Services present general information about NEXA and our mortgage-related products and services. Content, features, and availability may change at any time without notice. Nothing on the Services is an offer, commitment to lend, or a guarantee of loan approval. Rates, fees, and terms vary by product, geography, and borrower profile (including income, assets, credit, and other factors) and are subject to change until locked and confirmed in writing.



  1. 2) Limited License & Permitted Use


Subject to these Terms, NEXA grants you a personal, limited, revocable, non-exclusive, non-transferable license to access and use the Services for lawful, personal use only. Except as expressly allowed here, these Terms do not grant any rights to copy, reproduce, distribute, publicly display, or make derivative works from the Services or any portion of them.


  1. 3) Prohibited Conduct


You agree not to:


  • copy, modify, distribute, display, mirror, frame, translate, compile, decompile, disassemble, or reverse-engineer any part of the Services, except to the extent such restrictions are prohibited by law;


  • remove, obscure, or alter any copyright, trademark, or other proprietary notices;


  • use the Services in any unlawful, misleading, harmful, or abusive manner, or in a way that interferes with or disrupts the Services;


  • impersonate any person or entity or misstate your affiliation;


  • upload or transmit malware, viruses, worms, or other harmful code;


  • attempt to gain unauthorized access to, test, or circumvent the security of the Services or any related systems;


  • conduct automated data collection or extraction (including scraping, spiders/robots/crawlers, screen or database scraping, or bypassing CAPTCHA or similar controls) without our prior written consent;


  • use any NEXA or affiliate trademarks, logos, or branding in usernames, handles, or email addresses; or


  • assist, encourage, or permit any third party to engage in any of the foregoing.



  1. 4) Intellectual Property



The Services—including the user interfaces, design, text, images, graphics, code, software, data, and other materials (collectively, the “NEXA Materials”)—are owned by NEXA, our affiliates, or our licensors and are protected by intellectual-property and other laws. Except as expressly permitted in these Terms, no rights to the NEXA Materials are granted, and all rights are reserved.



  1. 5) No Warranties



THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, NEXA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NEXA DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, SECURE, UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED.



  1. 6) Your Submissions & License to NEXA



If you upload, post, or otherwise provide data, text, images, video, or other content (“User Materials”) through the Services, you grant NEXA a worldwide, perpetual, irrevocable, royalty-free, fully paid, transferable, and sublicensable license to use, host, store, reproduce, adapt, modify, create derivative works from, publish, display, perform, and distribute your User Materials in any media now known or later developed, to operate, improve, and promote the Services.


 You represent and warrant that you have all rights necessary to grant this license and that your User Materials (and our use of them) do not violate law or the rights of any third party. NEXA may remove User Materials at any time in its discretion.


Feedback. Any ideas, suggestions, or improvements regarding the Services you submit are non-confidential and become NEXA’s exclusive property without compensation or obligation to you.



  1. 7) Changes, Suspension, and Termination



We may change, suspend, or discontinue any part of the Services at any time without notice. We may also modify these Terms on a going-forward basis by posting an updated version to the Services. Your continued use after the effective date of any changes constitutes your acceptance. We may suspend or terminate your access to the Services at any time for any reason, including if we believe you have violated these Terms.



  1. 8) Indemnification



You agree to defend, indemnify, and hold harmless NEXA, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your access to or use of the Services; (b) your User Materials; (c) your violation of these Terms; or (d) your violation of law or any third-party rights.



  1. 9) Limitation of Liability



TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEXA AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
 NEXA’S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (i) THE AMOUNT YOU PAID TO NEXA (IF ANY) IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (ii) $100. Some jurisdictions do not allow certain limitations; in those jurisdictions, the foregoing limits apply to the fullest extent permitted.



  1. 10) Third-Party Links & Services



The Services may link to third-party websites or services. NEXA is not responsible for third-party content, products, or practices and provides links for convenience only. Access any third-party sites at your own risk and review their terms and privacy policies.



  1. 11) Privacy



Your use of the Services is also subject to our Privacy Notice (as posted on the Services), which explains how we collect, use, and share information.



  1. 12) Electronic Communications & E-Sign



When you use the Services or communicate with us electronically, you consent to receive communications from us electronically (including by email, SMS, in-app messages, and postings on the Services). You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirements that such communications be in writing. If the Services include e-signature features, your electronic signature has the same force and effect as a handwritten signature to the extent permitted by law.



  1. 13) Mobile Access



If you access portions of the Services via a mobile device or app, you are responsible for obtaining and maintaining compatible hardware/software and for any data or messaging charges from your carrier. We do not guarantee the Services will work on your device.



  1. 14) Not for Minors



The Services are designed for use by adults. We do not knowingly collect information from children under 13. For information about the Children’s Online Privacy Protection Act (COPPA), visit the Federal Trade Commission’s website.



  1. 15) Governing Law & Venue



These Terms are governed by the laws of the State of [Arizona], without regard to conflicts-of-law rules. You agree to the exclusive jurisdiction and venue of the state and federal courts located in [Maricopa County, Arizona] for any dispute arising out of or relating to these Terms or the Services.


  2. 16) Export & Compliance



You may not use, export, or re-export the Services or any content in violation of U.S. export laws or any other applicable laws or regulations. You agree to comply with all applicable mortgage, consumer-protection, privacy, and advertising laws when using the Services.



  1. 17) General Terms



These Terms constitute the entire agreement between you and NEXA regarding the Services and supersede any prior or contemporaneous agreements on the subject matter. If any provision is found unenforceable, it will be replaced with a valid provision that most closely reflects the original intent, and the remainder will continue in effect. Section headings are for convenience only. You may not assign these Terms without our prior written consent; NEXA may assign them without restriction. Our failure to enforce any provision is not a waiver.



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