In these terms and conditions, the term ("your") refers to the Correspondent, including Correspondent's officers, employees and representatives. Acceptance of these terms and conditions by any Correspondent's officers, employees or representatives is deemed to be acceptance by and on behalf of Broker. Your use of the National City web site constitutes your agreement without modification to all of the following terms, conditions and notices. If you do not agree with our Terms of Use, your sole remedy is to discontinue your use of this web site. This web site provides information about certain mortgage products offered by National City Bank and National City Bank (collectively referred to as National City Correspondent Lending) in this web site. This web site is intended for use by correspondents only and the information provided is not to be distributed to the general public.

Copyrights & Trademarks and Proprietary Rights
The contents of this site are the property of National City Corporation ("National City") unless otherwise indicated, and protected by copyright and trademark laws. All rights are reserved by National City and the content of the web site may not be produced, downloaded, disseminated, published, or transferred without the prior written permission of National City. The trademarks, logos and service marks displayed on the web site are the property of National City, National City Correspondent Lending and other parties. You acknowledge that Correspondent does not obtain any proprietary rights by your use of the web site.

User Ids and Passwords
Access to the National City Correspondent Lending secure web site from the Correspondent's location is available only through the use of Identification Numbers and Passwords and is validated by National City Correspondent Lending prior to commencement of Correspondent's use of the web site. Once such Identification Numbers and passwords have been assigned, the use and confidentiality of such identification Numbers and Passwords is sole responsibility of Correspondent. Correspondent is responsible for all access and activities, which occur under it's Identification Numbers and Passwords. If Correspondent believes that any Identification Number or Password has been stolen or otherwise compromised, Correspondent must immediately contact National City Correspondent Lending so that the Identification Numbers and Passwords can be changed. National City Mortgage Correspondent Lending may change the Identification Number and Password at any time, in its sole discretion. Correspondent can request a change to the Identification Numbers and Passwords provided that Correspondent's sole owner or a Partner, President or Vice President of Correspondent with appropriate authority request such a change in writing.

Availability of Products and Services
The products and services described on this web site are available only in the United States and other countries where permitted by law. Products and services may not be available in all geographic areas. All products and services are subject to change without notice.  All loans are subject to credit approval and property appraisal. 

No Unlawful or Prohibited Use
As a condition of your use of this web site, you warrant to National City that you will not use this web site or any information contained on the web site for any purpose that is unlawful or prohibited by these Terms of Use, and that you will not access this web site or use materials or services available on this web site from territories where such access or use is illegal.

Links to Other Internet Sites
This web site may contain links to other web sites operated by third parties. National City provides links to other sites as a service to users The linked sites are not under the control of National City or its affiliates or subsidiaries, and National City is not responsible for the content available on the third-party sites. Such links do not imply National City's endorsement or approval of material on any other site. It is the user's responsibility to take precautions to ensure that material selected from such linked sites is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. National City is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of the use of such linked sites, or reference to or reliance on information contained therein.

Tools and Calculators
This web site may contain tools and calculators. National City Correspondent Lending provides tools and calculators as a service to users, for educational purposes only. National City does not guarantee the accuracy of the calculators or the results. National City is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of the use of such tools and calculators. The calculators are not intended to be and should not be considered as, a loan submission or a commitment or decision to lend.

No Warranties
Use of this web site and its contents are at the user's sole risk. National City assumes no responsibility for consequences from the use of the information herein, or in any respect for the content of such information, including, but not limited to, delays, errors or omissions, the accuracy or reasonableness of information, the defamatory nature of statements, ownership of copyright or other intellectual property rights, and the violation of property, privacy or personal rights of others. National City is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference or reliance on such information.

Confidentiality of Nonpublic Personal Information and Data Security
Nonpublic Personal Information is nonpublic information relating to borrowers and prospective borrowers of Correspondent or National City Bank and National City Bank, regardless of whether Correspondent or Banks' relationship with the borrower or prospective borrower ceases, including any nonpublic personal information as defined by federal law, including, but not limited to, the Gramm-Leach-Bliley Act, as it may be amended, any regulations promulgated there under and any other consumer information protected by applicable state law. Nonpublic Personal Information includes, but is not limited to, names, addresses, telephone numbers, E-mail addresses, social security numbers and credit information. As a condition of your use of this website, you warrant to National City Correspondent Lending that all Nonpublic Personal Information shall be held in the strictest confidence and will not be disclosed by Broker except as specifically permitted by the terms hereof and by the terms of Correspondent's relationship with the borrower. Correspondent will use the Nonpublic Personal Information obtained through the web site solely for the purpose of performing under and in compliance with the terms and conditions of this website and its relationship with the borrower or prospective borrower, will not use the Nonpublic Personal for any other purpose, and will not disclose or communicate the Nonpublic Personal Information, directly or indirectly to any third party. Correspondent further agrees that it is responsible for the use of Nonpublic Personal Information by any of its employees, officers or representatives. Broker will implement and maintain commercially reasonable information security measures consistent with industry standards and applicable law to protect against unauthorized access to or use of the Nonpublic Personal Information. Correspondent agrees to indemnify, defend and hold harmless National City Bank, National City Bank and their respective officers, directors, agents, employees, successors and assigns from and against any and all loss, liability, actions, causes of action or damages (including without limitation reasonable attorneys' fees) which the National City parties may incur as a result of Broker's breach of this provision.

INFORMATION ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

IN NO EVENT WILL NATIONAL CITY OR ITS SUBSIDIARIES, AFFILIATES, CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES BE LIABLE UNDER ANY CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER CLAIM FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM THE USE OF OR THE INABILITY TO USE THE WEB SITE, SITE CONTENT OR ANY PRODUCTS OR SERVICES, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS WEB SITE OR ANY WEB SITE OPERATED BY ANY THIRD PARTY.

Modifications
National City reserves the right to change the Terms of Use and modify the contents of the web site without notice.

Governing Law
You agree that disputes arising out of or relating to the contents or use of this web site are to be governed by the laws of the State of Ohio, United States of America. You consent to the exclusive jurisdiction of courts sitting in the State of Ohio in all disputes arising out of or relating to the contents or use of this web site.

General
If any part of this agreement is determined to be unenforceable by a court of competent jurisdiction, the unenforceable portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and the remainder of the agreement shall continue in full force and effect.

This agreement constitutes the entire agreement between you and National City with respect to the use of this web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and National City with respect to this web site. A printed version of this agreement shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.