NationsChoice Mortgage Terms and Conditions

NationsChoice Mortgage (hereinafter "we" or "us") is engaged in the business of mortgage lending to individuals seeking to purchase and/or refinance mortgage(s) and residential real estate.

The following terms and conditions (the "Terms and Conditions") shall apply to your interactions with us. These Terms and Conditions constitute a binding, legal agreement between you and us and are part of each service offered by us and purchased by you.

1) INDEMNIFICATION AND LEGAL DISCLAIMER
EXCEPT AS STATED IN THESE TERMS AND CONDITIONS, WE DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS, OR REPRESENTATIONS (EXPRESSED OR IMPLIED, ORAL OR WRITTEN), WITH RESPECT TO THE SERVICE(S) PROVIDED HEREUNDER, OR ANY PART THEREOF, INCLUDING ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, OR FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED, ARISING BY OPERATION OF LAW, OR BY COURSE OF DEALING. IN ADDITION, WE EXPRESSLY DISCLAIM ANY WARRANTIES OR REPRESENTATIONS TO ANY PERSON OTHER THAN YOU WITH RESPECT TO THE SERVICES OR ANY PART THEREOF. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR LOST PROFITS OR REVENUES OR INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, TREBLE, OR PUNITIVE DAMAGES.

We assume no liability for any loss, damage, injury, or claim of any kind or character to any person or property, including, but not limited to, you or any third party, arising from, relating to, or in connection with the service(s) provided hereunder or any transaction between us under these Terms and Conditions.

2) NO WAIVER
Any waivers of rights must be in writing and no prior waiver will affect a party's rights as to a subsequent breach. Our rights and remedies shall be distinct, separate, and cumulative. No action or inaction by us shall operate to exclude or deprive us of any other rights allowed to us by law.

3) FORCE MAJEURE
We will be excused from our obligations if our performance is prevented by events outside of our reasonable control, including, without limitation, third-party action or inaction, acts of God, wars, riots, strikes or other labor disputes, natural disasters, fire, or severe weather.

4) SEVERABILITY
If any part of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions of these Terms and Conditions shall continue to be binding and effective.

5) GOVERNING LAW; ARBITRATION; JURISDICTION
Our agreement and these Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Arizona without recourse to conflicts of law principles.

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Procedures for Consumer-Related Disputes ("AAA Rules"), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Any dispute between the parties MUST be submitted to binding arbitration administered by the AAA to take place in Phoenix, Arizona, before one arbitrator in accordance with the AAA Rules. In the event you institute such arbitration, then without limiting the applicability of the AAA rules, you must serve the complaint initiating arbitration upon at the same time as you submit such complaint to the AAA. The arbitrator will be obligated to award the prevailing party of any such proceedings all costs, attorneys' fees and other expenses incurred by such prevailing party in the arbitration proceedings. Any award entered by the arbitrator may be enforced in any court of competent jurisdiction.

6) ASSIGNMENT
Our agreement and these Terms and Conditions may not be transferred, delegated or assigned by either party without the prior written consent of the other party, except that we may assign the agreement and these Terms and Conditions in connection with the sale of our business or a merger with a third party. These Terms and Conditions shall be binding upon, and shall inure to the benefit of, the successors and assignees of you and us.

7) ENTIRE AGREEMENT
By agreeing to the Terms and Conditions, you are confirming that you have the full power and authority to enter into and perform in accordance with these Terms and Conditions. We encourage you to print and keep a copy for reference.