1. APPLICATION OF THESE TERMS OF USE.

Your access to and use of the Windstar Lending (“WL” or “Company”) website, and the information, documents, tools, and/or other material made available through this website, are subject to the Terms and Conditions of use set forth herein (this “Agreement”). By accessing, browsing, interacting with, or otherwise using the WL website (individually, collectively, and interchangeably referred to as our “Websites” or “Website”) through any means, or by making use of any mobile applications accessible or downloadable through the Websites and/or through any third-party mobile application marketplace (the “Applications”, “App”, or “Apps”), or by using the goods, facilities or services offered in or through the Websites through any method (including, without limitation, by telephone, mail, text, email or facsimile), you accept and agree to be bound by this Agreement. For purposes of this Agreement, (i) the terms “Website” and “Websites” include the Apps; and, (ii) “you” or “your” means the person accessing the Website, and includes any persons that allow others to provide information about themselves to WL.

THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE ALL CLAIMS AND CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY

These provisions form an essential basis of our bargain.

By proceeding and using or interacting with the Websites, you acknowledge and agree that (i) you are at least 18 years of age; (ii) you reside in the United States, or where WL is licensed to provide mortgage-related services; and (iii) you have read, understand, and agree to be bound by this Agreement.

WL reserves the right, at any time, and without prior notice, to change or discontinue any aspect or feature of the websites and the right to modify the terms and conditions applicable to users of the Websites, including this Agreement, or any part hereof. Such changes, modifications, additions, or deletions shall be effective immediately upon posting on the Websites. Your use of the Websites or the goods, facilities, information, or services offered in or through the Websites shall be deemed to constitute acceptance of such changes.

2. PRIVACY POLICY

Glassman Lending’s Privacy Policy, which you may read is hereby incorporated by reference into this Agreement and explains the policy applicable to the information that is collected through the Websites or received directly from you.

3. RESTRICTIONS ON USE

You may only use the Websites for the purposes expressly permitted in this Agreement. You agree that you will not use or attempt to use the Websites for any purpose other than conducting mortgage banking related business with us as our bona fide client, prospective client, business partner, or real estate agent.

You warrant and agree that you will not use the Websites for any purpose that is unlawful or prohibited by federal, state or local law. Without limiting the generality of the foregoing, you may not use or attempt to use the Websites or any part of the Websites for any purpose:

• that interferes with or induces a breach of the contractual relationships between WL employees and WL;

• that is any way unlawful or prohibited, or that is harmful or destructive to anyone or their property;

• that transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited Email, unsolicited commercial communications;

• that transmits any harmful or disabling computer codes or viruses;

• that harvests Email addresses from this site;

• that transmits unsolicited Email to this site or to anyone whose Email address included the domain name under on the Websites;

• that interferes with Glassman Lending’s network services;

• that attempts to gain unauthorized access to Glassman Lending’s network services;

• that suggests an express or implied affiliation or Lender relationship with WL without express, authorized written permission from the Company;

• that impairs or limits WL’s ability to operate the Websites or any other person’s ability to access and use the Websites;

• that uses any methods, means or devices to click on to the Websites or cause a visit to the Websites for the purpose of manipulating the results of any Internet search engine;

• that unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;

• that harms minors in any way, including, but not limited to, transmitting or uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;

• that transmits or uploads pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;

• that harms, threatens, harasses, abuses or intimidates another person in any way or involves images or content that depicts, promotes, encourages, indicates, advocates or tends to incite the commission of a crime or other unlawful activities;

• that dilutes, devalues, defames, or depreciates Glassman Lending’s name and reputation;

• that transmits or uploads any content or images that infringe upon any third party’s intellectual property rights or infringe upon any third party’s right of privacy; or

• that unlawfully transmits or uploads any confidential, proprietary, or trade secret information.

4. INTELLECTUAL PROPERTY

Trademarks, service marks, logos, emblems, slogans, designs, and copyrighted works appearing on the Websites are the property of Glassman Lending or the party that provided them to Glassman Lending. Glassman Lending and those third parties retain all rights associated with any of the respective trademarks, service marks, logos, emblems, slogans, designs, and copyrighted works appearing on the Websites.

All content, web pages, source code, calculations, products, materials, data, information, text, screens, photos, video, music and sound, functionality, services, design, layout, screen interfaces, “look and feel”, design, functionality, and the operation of the Websites (collectively “Content”) is the proprietary information of WL or the party that provided or licensed the Content to WL, and is protected by various intellectual property laws, including, but not limited to, copyrights, patents, trade secrets, trademarks, and service marks. All rights associated with the Content are owned by WL, our licensors, or our content providers. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial or non-commercial exploitation of Content will be permitted without our express, authorized written permission and/or the express, authorized written permission of the copyright owner.

The availability of any Content through the Websites shall under no circumstances constitute a transfer of any copyrights, trademarks, or other intellectual property rights. You do not acquire any license or ownership rights by downloading or viewing any Content or by any other means. You will not in any way copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, transmit, modify, adapt, reverse engineer, frame in any Web page, or alter the appearance of any Content.

All submissions to us containing any comments, improvements, suggestions, and ideas regarding the Websites will become and remain our exclusive property, including any rights or future rights associated with such submissions, even if the provisions of this Agreement are later modified or terminated. This means that you forever disclaim any proprietary rights or any other rights or claims in such submissions. You acknowledge and agree that we have the unrestricted, unencumbered right to use, publish, and commercially exploit, identical, similar, or derivative ideas originating from your submission, in any medium, now and in the future, without notice, compensation, or other obligation to you or any other person. Notwithstanding the foregoing, you remain solely responsible for the content of your submissions, and you acknowledge and agree that neither WL nor any third-party affiliate of WL will assume any liability related to any action or inaction by WL or such third party with respect to your submissions.

All testimonials submitted to us will also become and remain our exclusive property, even if the provisions of this Agreement are later modified or terminated. This means that you irrevocably grant to us the unrestricted right (now and in the future, without notice, compensation, or other obligation to you or any other person) to use your statement, image, likeness, as they may be used, in any medium, in connection with an advertisement or for any other publicity purpose. You further agree that we may use any percentage or part of your testimonial, image, likeness, and/or works, in any way that we see fit, and may exclude your name or use a fictional name or other identifiers at our sole discretion.

5. LINKS TO THIRD PARTY WEBSITES

The Websites may contain links to websites maintained by third parties that are not related to WL. Such links are provided for your convenience and reference only. We do not operate or control in any respect any information, software, products, or services available on such websites, and we do not endorse, approve, sponsor or control any such websites’ contents, or its sponsoring organization. When you leave the website for another website, please note that we are not responsible for the accuracy or content of the information provided by that website, nor are we liable for any direct or indirect technical or system issues arising out of your access to or use of third party technologies or programs available through that website.

We do not permit third-party advertising on the Websites without express written permission from the company. Without our prior written permission, you will not create links from any website or Web page to the websites or any web page therein.

6. USE OF TECHNOLOGY

WL may request your permission, through a separate consent process, to contact you via phone, whether by a live agent or artificial or prerecorded voice, SMS text to your residential or cellular number, whether dialed manually or by autodialer, or by email and to send disclosures and communications about a loan inquiry in electronic form through these media.

6.1 Email Policy

Email in General

Our communications to you in an email may not accurately represent the entire or final disposition of a matter or constitute our official business, due to brevity or informality. Email is one medium through which information may be exchanged, as when an email message responds to a voice mail. Accordingly, email, by itself, may not accurately reflect the complete communication or our intent as to the subject matter referred to within the communication, nor constitute an official business record of WL. Any official content present in email communication is qualified in its entirety by any signed writings, which shall govern such content according to their provisions. Also, unless explicitly permitted in a signed writing or necessary by law, the mere receipt of an email by us may not put us on notice, timely or otherwise, of the matters contained within that email.

Confidential Information

The emails we send are confidential (and all attachments to such emails are confidential) and are to be reviewed and/or disclosed to only the individual or entity to whom they are addressed and intended. If you receive an email in error or if it is improperly forwarded to you, the information contained in the email should, at all times, remain confidential and such circumstances shall not authorize you to use or disclose the confidential information. You agree to notify the sender immediately by telephone or email and delete or destroy the original and any copies. Any unauthorized use, disclosure, reproduction, or distribution is strictly prohibited. Emails marked as “Confidential” contain confidential and/or proprietary information that is disclosed under the condition that you treat and maintain such information strictly in a confidential manner and compliance with all applicable privacy laws and that you ensure such information is not disclosed or used by others, except for the limited and confidential purpose for which it is being provided. By accepting receipt of and/or reviewing confidential information that we provide, you agree to indemnify, defend, and hold us harmless against any claims, losses, liabilities, or expenses, including attorney’s fees that we may incur as a result of the unauthorized use or disclosure of confidential information due to your acts or omissions.

Privileged Information

Emails exchanged with or involving our lawyers and legal staff may contain privileged information subject to the attorney-client privilege and/or the attorney work product privilege. Such privileged information shall not be waived if you receive an email in error or if it was improperly forwarded or delivered to you or you otherwise receive such communication by any means. If you are not the intended recipient of privileged information, you agree to notify the sender immediately by telephone or email and delete or destroy the original and any copies. Any unauthorized use, disclosure, reproduction, or distribution of confidential or privileged information is strictly prohibited.

Time Sensitive Instructions & Official Matters; Filters

Do not use email to communicate time-sensitive instructions or official company matters; they may not be received or reviewed by us in a timely manner. Emails are processed through various virus and spam filters which may delay or reject the delivery of an email altogether. Urgent matters should be communicated in person directly with the person of concern via telephone and then confirmed in writing with the appropriate person via fax or email. We reserve the right to block any email source we deem inappropriate.

Business Purposes

Our email facilities are to be used only for conducting business with us. Vendors, suppliers, clients, and others receiving emails from us may not use our email addresses or contact information (or any other person’s email address appearing on or in our email) for any purpose other than to correspond with us for lawful and legitimate purposes business purposes relating to our business. The receipt of an email is not our consent for you to use our email address or contact information for direct marketing purposes or for transfers of data to third parties, and such use is strictly prohibited.

Monitoring of Communications

All emails sent to us or from us may be forwarded, monitored, and/or reviewed by others within Glassman Lending other than the designated recipient/sender with or without notice to the designated recipient/sender. We may also record or monitor other forms of communications you have with us via the website, PC-talk, chat, email, text messages to and from Company-owned cellular devices, and telephone. By using such communication methods, you consent to the recording, monitoring, storage, and/or use of the same without further notice.

Unsecured Transmissions

While certain designated areas within our websites employ technologies to secure your data and the transmissions between you and us, general email uses the Internet, which is an open system, and we cannot provide absolute assurances that all emails (sent or received) are secure, error-free, not corrupted, incomplete or virus free and/or that they won’t be lost, misdelivered, destroyed, delayed, intercepted or decrypted by others. We, therefore, advise against sending sensitive or personally identifiable information over email, and disclaim all liability with regard to emails (and the contents therein) if they are corrupted, lost, destroyed, delayed, incomplete, misdelivered, intercepted, decrypted, or otherwise misappropriated by others.

Viruses

Computer viruses can be transmitted via email through email content, attachments to emails, and embedded links. Although our emails are believed to be free of any virus or other defects that might affect the computer systems in which they are received and opened, it is your responsibility to ensure that any email you open is virus free. We are not responsible for any loss or damage arising in any way from the receipt, use, storage, or transmission of our emails. If we forward an email or reply to a prior email, the contents may have been produced by someone other than us, for which assume no liability whatsoever. The use of email to introduce any virus, malicious or disabling code, or to otherwise interfere with our email transmissions, telecommunication, or computer networks is prohibited and against the law; violators will be prosecuted to the fullest extent of the law.

In addition to any other disclaimers we make in this Agreement, we disclaim any representation or warranty that our emails are virus free and/or error free. You agree to hold the Company harmless for any loss or damage arising from an email sent or forwarded to you or arising from any email reply or otherwise received by you.

PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.