These Terms of Service ("Terms") govern your access to and use of the website located at homeviewlending.com (the "Site"), operated by HomeView Lending ("HomeView Lending," "we," "us," or "our"), an independent mortgage team led by David Herrera, Mortgage Loan Officer, NMLS #2311843, conducting mortgage activities under our sponsoring brokerage, America's Best Lending (Company NMLS #1936058).
By accessing, browsing, or using the Site, or by submitting information through it, you agree to be bound by these Terms and by our Privacy Policy and our SMS / Text Messaging Terms & Consent, each of which is incorporated by reference. If you do not agree to these Terms, do not use the Site.
The Site is provided for general informational and marketing purposes and to allow you to submit an inquiry about mortgage products and services, including the program advertised.
You understand and agree that:
a. The Site does not provide legal, tax, financial, or investment advice;
b. Completing a form on the Site is a request to be contacted and pre-screened — it is not a mortgage loan application, and it does not begin a formal application;
c. Submitting information through the Site does not create a lender-borrower, broker-client, or fiduciary relationship; and
d. Any rates, programs, terms, or scenarios mentioned on the Site are illustrative, are subject to change without notice, and are not offers or guarantees.
HomeView Lending currently offers mortgage origination services only in the State of Texas. While our sponsoring brokerage, America's Best Lending, is licensed in additional states, the services described on and offered through this Site are available only in Texas.
To use the Site and submit information, you represent and warrant that you:
a. Are at least 18 years of age;
b. Are a resident of the United States;
c. Have the legal capacity to enter into these Terms; and
d. Will use the Site only for lawful purposes and in accordance with these Terms.
The Site is not directed to children under 18, and we do not knowingly collect information from them.
Submitting information through the Site is not an application for credit and does not constitute approval for, or a commitment to provide, any loan or financial product.
You expressly acknowledge and agree that:
a. No loan, rate, term, or program is approved, locked, offered, or guaranteed based on your use of the Site or your submission of a form;
b. Any loan, if offered, is subject to a full application and to underwriting, and to verification and satisfaction of all applicable requirements, including but not limited to credit history, income and employment, assets, debts, property type, value, condition and appraisal, title, and the requirements, guidelines, and approval of the lender and any applicable investor, insurer, or government agency;
c. Eligibility for any specific program (including programs marketed to self-employed or owner-operator truck drivers) depends on your individual circumstances and on then-current lender and program guidelines, which may change at any time;
d. Pre-screening information you provide is self-reported and unverified and any preliminary indication of potential eligibility is not a decision, pre-approval, or commitment; and
e. All mortgage origination activity is conducted through our sponsoring brokerage, America's Best Lending, and the wholesale lenders with whom a loan is ultimately placed.
You agree that all information you provide through the Site is true, accurate, current, and complete, and that you will not misrepresent your identity or circumstances.
You are solely responsible for the accuracy of the information you submit. We, our sponsoring brokerage, and lenders may rely on that information to pre-screen your inquiry and to evaluate a potential loan. Providing false or misleading information may result in your inquiry being declined and may have legal consequences. Knowingly making a false statement in connection with a mortgage loan may also violate federal and state law.
You agree not to:
a. Submit information about another person without their authorization;
b. Use the Site to transmit unlawful, harmful, or fraudulent content;
c. Attempt to gain unauthorized access to the Site or its systems;
d. Interfere with or disrupt the Site, or introduce malware or harmful code;
e. Use any automated means (such as bots or scrapers) to access or collect data from the Site without our written permission; or
f. Use the Site in any way that violates applicable law or these Terms.
Unless otherwise indicated, the Site and its contents — including text, graphics, logos, images, page layouts, and other materials (collectively, the "Content") — are owned by or licensed to HomeView Lending and are protected by intellectual property and other laws.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and view the Site for your personal, non-commercial use in evaluating our services. You may not copy, reproduce, modify, distribute, publicly display, create derivative works from, or otherwise exploit the Content without our prior written permission.
"HomeView Lending," "America's Best Lending," and related names and logos are the property of their respective owners. Other names and marks on the Site may belong to third parties.
The Site may contain links to third-party websites, platforms, or resources (for example, lenders, advertising platforms, or scheduling tools), and may rely on third-party services such as our CRM and messaging provider.
We provide these links and services for convenience only. We do not control, endorse, or assume responsibility for the content, products, services, or privacy and security practices of any third party. Your use of any third-party website or service is at your own risk and is governed by that third party's own terms and policies.
THE SITE AND ALL CONTENT, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT:
a. The Site will be uninterrupted, timely, secure, or error-free;
b. The information on the Site is accurate, complete, reliable, or current;
c. Any defects will be corrected; or
d. The Site or its servers are free of viruses or other harmful components.
Information on the Site, including any rate, program, or eligibility information, may change without notice and should not be relied upon as a substitute for personalized advice or a formal loan decision.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HOMEVIEW LENDING OR ITS OWNERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SITE — WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED one hundred U.S. dollars (USD $100).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. Nothing in these Terms limits any rights you may have that cannot be limited by law.
You agree to defend, indemnify, and hold harmless HomeView Lending and its owners, members, managers, employees, agents, and service providers from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to:
a. Your use of the Site;
b. Information you submit through the Site, including any inaccurate, misleading, or unauthorized information;
c. Your violation of these Terms; or
d. Your violation of any law or of the rights of any third party.
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us.
If you opt in to receive text messages from us, your use of that program is also governed by our SMS / Text Messaging Terms & Consent. Our collection and use of personal information is described in our Privacy Policy. By using the Site, you acknowledge those documents.
These Terms and any dispute arising out of or relating to them or to the Site are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. You agree that the exclusive venue for any dispute not subject to another agreed dispute-resolution process will be the state or federal courts located in Harris, Texas, and you consent to the personal jurisdiction of those courts, to the extent permitted by law.
We may modify these Terms at any time. When we do, we will update the "Last Updated" date above and post the revised Terms on the Site. Changes are effective when posted unless otherwise stated. Your continued use of the Site after changes are posted constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Site.
We may, at our discretion and without notice, suspend, restrict, or terminate your access to the Site, in whole or in part, for any reason, including any suspected violation of these Terms. Sections that by their nature should survive termination — including Sections 4, 5, 6, 8, 9, 10, 12, and 15 — will survive.
a. Entire agreement. These Terms, together with the Privacy Policy and the SMS / Text Messaging Terms & Consent, are the entire agreement between you and HomeView Lending regarding the Site and supersede any prior agreements on that subject.
b. Severability. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.
c. No waiver. Our failure to enforce any provision is not a waiver of that provision.
d. Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
e. Headings. Headings are for convenience only and do not affect interpretation.
Mortgage activities are conducted through our sponsoring brokerage, America's Best Lending (Company NMLS #1936058); David Herrera, Mortgage Loan Officer, NMLS #2311843.