Terms and Conditions

eModifyMyLoan Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

By using the eModifyMyLoan or eShortSaleMyHome website (the ‘Site’), you agree to follow and be bound by these terms of use (the ‘Terms of Use’) and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms of Use, the words ‘you’ and ‘your’ refer to each customer or Site visitor, ‘we’, us’ and ‘our’ refer to eModifyMyLoan and eShortSaleMyHome and ‘Services’ refers to all services provided by us.

It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site. We may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use, please contact our Customer Service Department.

YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

Please also refer to eModifyMyLoan’s Privacy Policy and Full Disclaimer, each of which is incorporated herein by reference.

eModifyMyLoan.com provides an online loan modification portal to give visitors a general understanding of the loan modification process and to provide an automated software solution to individuals who choose to prepare their own loan modification application documents. To that extent, the Site includes general information on commonly encountered issues in the loan modification process. eModifyMyLoan’s Services also include a review of your answers for completeness, spelling and grammar, and for internal consistency of names, addresses and the like. At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice or in any way intimate that your application may result in a successful loan modification. eModifyMyLoan and its Services are not substitutes for the advice of professionals in the modification process such as a tax professional, an attorney, etc.

eModifyMyLoan strives to keep its loan modification documents accurate, current and up-to-date. However, because the loan modification process changes rapidly, eModifyMyLoan cannot guarantee that all of the information on the Site is completely current. The loan modification process is different from lender to lender, and different documents than what is provided by eModifyMyLoan may be required. Furthermore, the loan modification information contained on the Site is not guaranteed to be correct, complete or up-to-date. Therefore, if you need professional advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney or other professional who can give you advice in your area.

USING EMODIFYMYLOAN’S LOAN MODIFICATION DOCUMENT PREPARATION SERVICE AND RELATED SOFTWARE IN NO WAY CAN GUARANTEE ANY KIND OF OUTCOME IN THE LOAN MODIFICATION PROCESS. EMODIFYMYLOAN’S SERVICES ARE SIMPLY INTENDED TO HELP FACILITATE FILLING OUT THE LOAN MODIFICATION DOCUMENTS PROPERLY AND IN NO WAY GUARANTEES A SUCCESSFUL LOAN MODIFICATION.

From time to time, eModifyMyLoan may perform certain professional access services and introduce our visitors to attorneys or other professionals through various methods, including but not limited to (i) legal insurance plans, (ii) third party attorney directory listings, (iii) third party limited scope agreements and (iv) third party attorney referral services. At no time is an attorney-client relationship fostered or created through the performance of any such services.

This Site is not intended to create any attorney-client relationship, and your use of eModifyMyLoan does not and will not create an attorney-client relationship between you and eModifyMyLoan. Instead, you are and will be representing yourself in any loan modification process you undertake through eModifyMyLoan’s loan modification application document service.

1. Privacy Policy. eModifyMyLoan respects your privacy and permits you to control the treatment of your personal information. A complete statement of eModifyMyLoan’s current Privacy Policy can be found by clicking here. eModifyMyLoan’s Privacy Policy is expressly incorporated into this Agreement by reference.

When you open an account to use or access certain portions of the Site or the Services, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for the maintaining the confidentiality of your password. You may not use a third party’s account, user name or password at any time. You agree to notify eModifyMyLoan immediately of any unauthorized use of your account, user name or password. eModifyMyLoan shall not be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by eModifyMyLoan, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password.

In connection with the use of certain eModifyMyLoan products or services, you may be asked to provide personal information in a questionnaire, application, form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant eModifyMyLoan a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable service. You may revoke this license and terminate eModifyMyLoan’s rights at any time by removing your personal information from the applicable service.

2. Ownership. This Site is owned and operated by eModifyMyLoan.com, Inc. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the ‘Materials’) are owned either by eModifyMyLoan or by our respective third party authors, developers or vendors (‘Third Party Providers’). Except as otherwise expressly provided by eModifyMyLoan, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of eModifyMyLoan’s intellectual property rights, whether by estoppel, implication or otherwise. See the ‘Legal Contact Information’ below if you have any questions about obtaining such licenses. eModifyMyLoan does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by eModifyMyLoan. Any rights not expressly granted herein are reserved by eModifyMyLoan.

3. Limited Permission to Download. eModifyMyLoan hereby grants you permission to download, view, copy and print the Materials on any single, stand-alone computer solely for your personal, informational, non-commercial use provided that (i) the copyright and trademark notice appearing below appears in such Materials, (ii) the Materials are not used on any other Web site or in a networked computer environment and (iii) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.

4. Links to Third Party Sites. This Site may contain links to Web sites controlled by parties other than eModifyMyLoan (each a ‘Third Party Site’). eModifyMyLoan works with a number of partners and affiliates whose sites are linked with eModifyMyLoan. eModifyMyLoan is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any Web site accessed from a Third Party Site or any changes or updates to such sites. eModifyMyLoan makes no guarantees about the content or quality of the products or services provided by such sites. eModifyMyLoan is not responsible for webcasting or any other form of transmission received from any Third Party Site. eModifyMyLoan is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by eModifyMyLoan of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that eModifyMyLoan is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.

5. Use of eModifyMyLoan Form Service. On our Site and through certain partners, we offer for sale self-help ‘fill in the blank’ forms. If you buy a form from one of our partners, you will be directed to that partner’s website and their terms of use will control. If you buy a form on our Site, the terms and conditions of these Terms of Use control. You understand that your purchase and use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs.

License to Use

eModifyMyLoan grants you a limited, personal, non-exclusive, non-transferable license to use our forms (the ‘Forms’) for your own personal, internal business use, or if you are an attorney or professional, for your client. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You shall not remove any copyright notice from any Form.

Resale of Forms Prohibited:

By ordering Forms, you agree that the Forms you purchase may only be used by you for your personal or business use or used by you in connection with your client and may not be sold or redistributed without the express written consent of eModifyMyLoan.com.

6. Additional Terms. Some eModifyMyLoan Services may be subject to additional posted guidelines, rules or terms of service (‘Additional Terms’) and your use of such Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms of Use and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms of Use will control. Note that your use of the eModifyMyLoan Corporate Center and Subscription Services will be subject to the Supplemental Terms of Use and Subscription Services.

7. Reviews, Comments, Communications, And Other Content. At various locations on the Site, eModifyMyLoan may permit visitors to post reviews, comments, and other content (the ‘User Content’). Contributions to, access to and use of the User Content is subject to this paragraph and the other terms and conditions of these Terms of Use.

Rights and Responsibilities of eModifyMyLoan:

eModifyMyLoan is not the publisher or author of the User Content. It is a passive service for storage and dissemination of the ideas and opinions that eModifyMyLoan members may choose to post and distribute as User Content. eModifyMyLoan does not screen works before they are posted, and no prior approval is required for posting. eModifyMyLoan disclaims all copyright and ownership in such works and all responsibility for them.

Although we cannot make an absolute guarantee of system security, eModifyMyLoan takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by E-MAIL for help.

If eModifyMyLoan’s technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, eModifyMyLoan reserves the right to delete those files or to stop those processes. If the eModifyMyLoan technical staff suspects a user name is being used by someone who is not authorized by the proper user, eModifyMyLoan may temporarily disable that user’s access in order to preserve system security. In all such cases, eModifyMyLoan will contact the member as soon as feasible.

eModifyMyLoan has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any User Content, (ii) re-categorize any User Content to place it in a more appropriate location or (iii) pre-screen or delete any User Content that is determined to be inappropriate or otherwise in violation of these Terms of Use, including but not limited to User Content containing offensive language and advertisements.

eModifyMyLoan reserves the right to refuse service to anyone and to cancel user access at any time.

Rights and Responsibilities of eModifyMyLoan Users or Other Posters of User Content:

You are legally and ethically responsible for any User Content – writings, files, pictures or any other work – that you post or transmit using any eModifyMyLoan service that allows interaction or dissemination of information. In posting User Content, you are responsible for honoring the rights of others, including intellectual-property rights (copyright, patent and trademark), the right to privacy and the right not to be libeled or slandered. For example, if you wish to post a copyrighted work as User Content, you are responsible for obtaining the copyright holder’s permission first.

Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it. In posting a work as User Content, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination. You also give permission to eModifyMyLoan to copy your works as part of the normal backup process. You have the right to remove any of your works from User Content at any time.

The use of your eModifyMyLoan user account or posting User Content for any illegal activity under the laws of Arizona and the United States is a violation of these Terms of Use. Since the law as to jurisdiction of online systems is unsettled, we urge you to consider the possible effect of laws outside eModifyMyLoan’s locality or your own residence. eModifyMyLoan is open to members worldwide (and works published on the World Wide Web, Usenet or other such services are accessible to anyone on the Internet), and eModifyMyLoan cannot guarantee that you won’t run into legal trouble in other jurisdictions over your posting.

Your Rights and Responsibilities as a eModifyMyLoan User and Reader of User Content:

You are not required to provide your real name when signing up as a user of eModifyMyLoan. eModifyMyLoan permits anonymous or pseudonymous accounts. Any user may request that such member’s e-mail address be hidden to provide for additional privacy.

If you have a complaint about the behavior or posts of another user, it is your responsibility to attempt to resolve the conflict, typically by contacting that person directly, if possible. Normally, eModifyMyLoan staff will not take a role in mediating conflicts between you and other users. eModifyMyLoan does not take responsibility for your behavior or that of other users. Notwithstanding the foregoing, if such a complaint or conflict arises, the user or users may request that eModifyMyLoan moderator intervene and attempt to resolve any such dispute. Any such request is not a guarantee that a moderator will (i) intervene, (ii) intervene in a timely manner, (iii) resolve the dispute in favor of one party or the other or (iv) successfully resolve the situation. The decision to intervene rests with eModifyMyLoan, in our sole and absolute discretion.

Your access to the postings that users have posted as User Content is for your personal use only. If you want to redistribute postings you find as User Content, it is your responsibility to obtain permission from the poster (and any other person with rights in such work).

You agree to help protect your account and the security of other users by guarding your password. If you have reason to believe your password has been compromised or there has been any unauthorized use of your account, contact eModifyMyLoan via E-MAIL as soon as possible.

8. NO WARRANTY. THE SITE AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, eModifyMyLoan EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

eModifyMyLoan MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.

OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. EMODIFYMYLOAN SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

9. LIMITATION OF LIABILITY. IN NO EVENT SHALL eModifyMyLoan, OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF eModifyMyLoan HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

10. Indemnification. You agree to defend, indemnify and hold harmless eModifyMyLoan, our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials.

11. Unsolicited Submissions. Except as may be required in connection with your use of eModifyMyLoan Services, eModifyMyLoan does not want you to submit confidential or proprietary information to us through this Site. All comments, feedback, information or material submitted to eModifyMyLoan through or in association with this Site shall be considered non-confidential and eModifyMyLoan’s property. By providing such submissions to eModifyMyLoan you hereby assign to eModifyMyLoan, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. eModifyMyLoan shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.

12. Compliance with Intellectual Property Laws. When accessing eModifyMyLoan or using eModifyMyLoan’s loan modification document preparation Service, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your eModifyMyLoan user account.

eModifyMyLoan has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of eModifyMyLoan or of a third party or that violate intellectual property rights generally. eModifyMyLoan’s policy is to remove such infringing content or materials and investigate such allegations immediately.

If you believe that your copyright has been infringed, and you would like eModifyMyLoan to remove the material in question, please contact the Customer Service Department.

13. Inappropriate Content. When accessing the Site or using eModifyMyLoan’s Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (i) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. eModifyMyLoan reserves the right to terminate or delete such material from its servers. eModifyMyLoan will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

14. Compliance with Export Restrictions. You may not access, download, use or export the Site or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.

15. Children. Minors are not eligible to use the Site and we ask that they do not submit any personal information to us.

16. Governing Law; Venue. By using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Arizona, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Site or Materials shall be instituted in a state or federal court in Arizona, and in the County of Maricopa. You and eModifyMyLoan agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site.

17. Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2009, eModifyMyLoan.com, Inc. ALL RIGHTS RESERVED.

18. Trademarks. eModifyMyLoan, eModifyMyLoan.com, eModifyMyLoan’s logo and all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of eModifyMyLoan. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

19. Acknowledgement. BY USING EMODIFYMYLOAN’S SERVICES OR ACCESSING THE EMODIFYMYLOAN SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

20. Refund Policy. emodifyMyLoan has a 120 day money back guarantee policy. A refund will be offered at 100% of the purchase price, less a $50 administrative service fee under the following conditions:

1.) eModifyMyLoan receives a copy of the loan modification denial letter sent to the borrower from their first mortgage loan servicer. The denial letter must be specific to a loan modification of their primary residence. The money back guarantee policy does not extend to modification requests for investment properties or second homes.

2.) A copy of the complete loan modification request package from the borrower showing a good faith effort to receive the loan modification must be received by eModifyMyLoan within 120 days of product purchase. These items must be received in writing. Please send copies. Do not send originals. eModifyMyLoan cannot return any documentation received from clients. Please see the Contact Us page for address information.

3.) If the loan modification is denied by the lender, the customer has the option to commence the short sale process using eShortsaleMyHome at no additional charge.

4.) If the loan servicer offers any loan modification, but that is not to the satisfaction of the borrower, then EmodifyMyLoan is not required to provide a refund.’

Full Disclaimer. eModifyMyLoan is not a law firm and the employees of eModifyMyLoan are not acting as your attorney. eModifyMyLoan’s loan modification document service is not a substitute for the advice of an attorney. eModifyMyLoan.com, Inc.(‘eModifyMyLoan’) cannot provide legal advice and can only provide self-help services at your specific direction. eModifyMyLoan is not an attorney and may not perform the legal services that an attorney performs.

By using eModifyMyLoan to assist your self-representation in the loan modification process, you agree to the following:

  • I am representing myself in this loan modification matter. No attorney-client privilege is created with eModifyMyLoan;
  • I have been informed of the services that eModifyMyLoan is performing and the cost of these services;
  • Neither the Clerk of the County of Maricopa nor any other governmental entity or authority has evaluated or approved eModifyMyLoan’s knowledge or experience, or the quality of eModifyMyLoan’s services;
  • I may obtain information about free or low-cost legal representation through a local bar association or legal aid foundation and I may also contact local law enforcement, a district attorney or a legal foundation if I believe that I have been a victim of fraud, the unauthorized practice of law or any other injury;
  • eModifyMyLoan is not permitted to engage in the practice of law. eModifyMyLoan is prohibited from providing any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection of forms or strategies.
  • If, prior to my purchase, I believe that eModifyMyLoan gave me any legal advice, opinion or recommendation about my legal rights, remedies, defenses, options, selection of forms or strategies, I will not proceed with this purchase and any purchase that I do make will be null and void;
  • eModifyMyLoan exists solely within the County of Maricopa in the State of Arizona. I agree that regardless of where I reside or where my browser is physically located, my viewing and use of eModifyMyLoan occurs solely within the County of Maricopa in the State of Arizona, and that all content and services shall be deemed to be served from, and performed wholly within, Phoenix, Arizona, as if I had physically traveled there to obtain the service. I agree that Arizona law shall govern any disputes arising from my use of this website, and that the courts of the County of Maricopa, State of Arizona, shall have exclusive jurisdiction over any disputes.