Welcome to the Primerica Mortgage Website
Thank you for using [https://www.primericamortgage.com] (the ("Website"). Please carefully read these terms and conditions (the "Terms") as they govern your access to and use of the Website owned, operated and controlled by BeSmartee, Inc. ("BeSmartee"), and licensed for use by Primerica Mortgage, LLC ("Primerica Mortgage"). By using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Website. In these Terms, "we", "us" and "our" means Primerica Mortgage and "you" and "your" means the Website user.
About Primerica Mortgage
Primerica Mortgage is a limited liability company formed in the State of Delaware, and our principal office is located at 1 Primerica Parkway, Duluth GA 30099.
Privacy
Your privacy is very important to us. Please review BeSmartee's Privacy Policy, https://www.besmartee.com/privacy-policy, which governs your use of the Website and BeSmartee's collection, use and disclosure of your information. Our Privacy Notices, available at http://www.primerica.com/public/privacy/privacy_notices.html, describe how Primerica Mortgage collects, uses and discloses your information, including nonpublic personal information. Our Privacy Notices are hereby incorporated into these Terms.
Products
Primerica Mortgage is a mortgage broker only, not a mortgage lender or mortgage correspondent lender. Mortgage products are offered through a contractual agreement between Primerica Mortgage and a third-party lender. Granting you access to the Website is not a commitment to lend or extend credit. All loans, credit, and collateral are subject to underwriting and approval by the lender. Terms, rates, data, programs, information, and conditions are subject to change without notice. Not all loan products are available in all states. We reserve the right to decline your application for a loan under the lender's established lending requirements.
Eligibility
The Website is intended solely for users who are eighteen (18) years of age or older. By using the Website, you represent and warrant that you are 18 years of age or older and capable of entering into a contract with Primerica Mortgage.
This Website is provided for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
If you do not meet all of these requirements, you must not access or use the Website.
Account Registration
To use certain parts of the Website, you will be required to create an account (a "Website Account"). Your Website Account is distinct from any loan application or account arising from a loan application. To create a Website Account you will be required to provide your name, primary phone number, email address, and the property state for which you are applying,and create a password. By creating a Website Account, you agree that your employer may share information with us to allow us to validate certain information that you provided in your loan application. Such information includes, without limitation, employment status and income.
Accuracy of Information
When creating a Website Account or applying for a loan on the Website, you agree to provide current, complete and accurate information about yourself. If any information you provide is untrue, inaccurate, not current or incomplete, we may deny your application and terminate your Website Account.
Closing Your Website Account
Once your mortgage loan has closed, Primerica Mortgage will close your Website Account. Following closure of your Website Account, you will no longer be able to access your Website Account. We encourage you to make copies of all disclosure and retain the entire mortgage loan closing file for your records. The Disclosures will be available on this website for at least 90 days from the date that the Disclosures are placed on the website or the date of the notice sent to your designated e-mail address, whichever is later.
Communications
When you visit the Website or send emails to us, you are communicating with us electronically. By accepting these Terms, you expressly consent to receive communications from us electronically to the extent permissible by law. Such electronic communications may include emails, messages posted to your Website Account portal or other electronic communications. Your consent to receive electronic communications from us does not mean that we must provide all communications electronically. You further expressly consent to be contacted by Primerica Mortgage and our employees, representatives and agents, or anyone contacting you on our behalf for any and all purposes arising out of or relating to your Website Account, at any telephone number, or any physical, email or electronic address you provide or at which you may be reached. It is your responsibility to provide us with current and accurate contact information and to promptly update such information if it changes. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number, or any physical, email or electronic address provided in connection with your Website Account.
Security
You are responsible for safeguarding your Website Account login information. If you believe your Website Account or login information has been compromised, contact us immediately at 1-855-357-1054.
By accepting these Terms, you expressly agree that you will not, and will not attempt to or permit any third party to: (a) access data outside of the public aspects of the Website or your Website Account portal; (b) access any loan information or nonpublic personal information relating to any other user of the Website; (c) probe, scan or test the vulnerability of the Website; or (d) interfere with or disrupt the Website or any aspect therein, including, without limitation, via means of submitting a virus to the Website or overloading, "flooding," "spamming," "mail bombing," or "crashing" the Website. Violations of system or network security may result in civil or criminal liability.
Restrictions and Termination
We reserve the right at any time to modify or discontinue, temporarily or permanently, the Website with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website. Further, we reserve the right to suspend, close or deny access to your Website Account if we believe there is a legitimate reason to do so. Such reasons shall include, without limitation:
Any actual or suspected breach of these Terms;
Any actual or suspected criminal activity;
Any actual or suspected misuse of, or damage to, the Website; and
An inactive Website Account for a period of twelve (12) months or more.
Your obligation to repay your loan is not contingent on or otherwise affected by your ability or inability to access or use the Website or by the closure of your Website Account.
Modification
We may change, limit or otherwise modify these Terms, including, without limitation, the Privacy Notices, at any time by informing you of any such changes in accordance with Section 9. Any change shall be effective upon receipt, unless otherwise stated, or as required by law. You will be deemed to agree if you affirmatively accept the change, or if you continue to access or use the Website after the effective date of the change.
Third Party Links
The Website may contain links to third party websites providing services and resources. We do not control the availability or content of such third party websites. We are not responsible for examining or evaluating any third party website, and we do make any representations or warranties regarding the quality or accuracy of the content on any such third party website. We cannot be held responsible or liable for the content on, or the actions of, any third party website.
No Warranty and Limitation on Liability
WE DO NOT GUARANTEE THAT THE WEBSITE WILL BE ERROR-FREE, THE ADEQUACY, COMPLETENESS OR ACCURACY OF ANY CONTENT, DOCUMENT OR FEATURE OF THE WEBSITE, THAT THE WEBSITE OR ANY FEATURE OF THE WEBSITE WILL BE UNINTERRUPTED, THAT ANY ERRORS, INTERRUPTIONS OR DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL MEET YOUR NEEDS OR EXPECTATIONS. THE WEBSITE AND THE CONTENT ON THE WEBSITE ARE MADE AVAILABLE ON AN "AS-IS" AND "WITH ALL FAULTS" BASIS. PRIMERICA MORTGAGE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ALTHOUGH BESMARTEE WILL TAKE REASONABLE PRECAUTIONS TO PROTECT THE WEBSITE AND AVOID DELETION, CORRUPTION OR UNAUTHORIZED MODIFICATION OF OR ACCESS TO THE WEBSITE, PRIMERICA MORTGAGE MAKES NO REPRESENTATION OR WARRANTY THAT SUCH EFFORTS WILL BE SUCCESSFUL, AND TO THE FULLEST EXTENT PERMITTED BY LAW, WE SPECIFICALLY DISCLAIM ALL LIABILITY WHATSOEVER WITH RESPECT TO ANY FAILURE TO PROTECT THE WEBSITE OR AVOID DELETION, CORRUPTION OR UNAUTHORIZED MODIFICATION OF OR ACCESS TO THE WEBSITE. PRIMERICA MORTGAGE MAKES NO REPRESENTATION AND WARRANTIES THAT THE WEBSITE OR ANY DOWNLOADABLE MATERIAL IS FREE FROM COMPUTER VIRUS. CALCULATORS AND TOOLS ON THE WEBSITE PROVIDE ESTIMATES, WHICH MAY BE DIFFERENT THAN THE ACTUAL AMOUNTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PRIMERICA MORTGAGE, ITS EQUITY OWNERS, SUBSIDIARIES, OTHER AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, MANAGERS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSS, OR DAMAGE ARISING FROM OR RELATED TO ANY USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL OR LOSS OF USE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, OR ANY CLAIM BY ANY THIRD PARTY. YOUR SOLE REMEDY AGAINST PRIMERICA MORTGAGE, ITS EQUITY OWNERS, SUBSIDIARIES, OTHER AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, MANAGERS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS, SUCCESSORS, AND ASSIGNS IN CONNECTION WITH YOUR USE OF THE WEBSITE OR FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT ON THE WEBSITE IS TO STOP USING THE WEBSITE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
WITHOUT LIMITING THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE, IN NO EVENT SHALL PRIMERICA MORTGAGE'S AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES ARISING OUT OF, OR RELATED TO, THESE TERMS OR THE WEBSITE EXCEED $10, IRRESPECTIVE OF WHETHER OR NOT PRIMERCIA MORTGAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS SHALL APPLY REGARDLESS OF WHETHER THE LOSSES OR DAMAGES ARE FOR BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THE TERMS OF YOUR LOAN AND YOUR OBLIGATIONS IN RESPECT OF THE LOAN SHALL BE INCLUDED IN THE [LOAN AGREEMENT], AND NO CONTENT ON THE WEBSITE OR FEATURE OF THE WEBSITE SHALL HAVE ANY AFFECT ON THE TERMS OF YOUR LOAN AGREEMENT OR YOUR OBLIGATION TO REPAY THE LOAN.
Your Acts and Compliance With Law
You are solely responsible for your acts and omissions in connection with your use of the Website, and we will not be responsible or liable for any claim, action or liability that arises out of or is in any way connected with such acts or omissions. You agree to use the Website in compliance with all applicable laws, and not to use the Website for any fraudulent or improper purposes.
Intellectual Property
You acknowledge and agree that Primerica Mortgage or our affiliates or licensors own all legal right, title and interest in and to the Website, including, without limitation, any trademark (including, for example, PRIMERICA, PRIMERICA MORTGAGE, our Primerica logos, copyright, patent, trade secret or any other intellectual property right which subsist in the Website, whether those rights are registered or not, and wherever in the world those rights may exist ("IP"). You agree not to (a) take any action that would jeopardize, limit or interfere with our or our licensors' rights in or to the IP, (b) copy, translate, publish, broadcast or create derivative works of the IP or any component thereof, or (c) resell, distribute, sublicense, trade or make any other commercial use of, modify, reverse engineer, decompile or disassemble the IP or any component thereof. Primerica Mortgage may enforce its intellectual property and proprietary rights to the fullest extent of the law, including seeking civil remedies and criminal prosecution. Other product and company names mentioned on the Website may be the trademarks of their respective owners.
Indemnification
By using the Website, you agree to defend, indemnify, and hold harmless Primerica Mortgage, its equity owners, subsidiaries, other affiliates, and each of their respective, directors, managers, employees, representatives, agents, licensors, successors and assigns from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that any of them may become obligated to pay or may incur arising or resulting from (a) your use or misuse of the Website or any feature of the Website or any information provided therein, (b) your breach of these Terms, or (c) any violation of applicable law.
No Waiver
The waiver of a breach of or default under these Terms, or the failure or delay by Primerica Mortgage to exercise any right in respect of any breach of or default under these Terms, shall in no event constitute a waiver of any other breach or default of these Terms, whether similar or dissimilar in nature, or operate as a waiver of any other right or remedy available to Primerica Mortgage.
Severability
If any provision of these Terms is held invalid or unenforceable for any reason, the remainder of these Terms shall continue in full force and effect as if these Terms had the invalid portion thereof eliminated.
Law and Venue
These Terms and the relationship between you and Primerica Mortgage with regard to the use of the Website shall be governed by the laws of the State of Georgia without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Gwinnett County, Georgia, and agree and consent that such courts are the exclusive forum for litigation of any claim or cause of action arising out of or relating to your use of the Website or the content on the Website. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to your use of the Website or the content on the Website must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Last Updated: July 2022