Online Services Terms and Conditions
Effective February 25, 2022
These Terms and Conditions are in addition to any other terms and conditions that might apply to accounts you have with Valon or any other services or information Valon provides. Please read these Terms and Conditions carefully. Within these Terms and Conditions, "you" or "your" refers to you or any other person you permit to use Online Services on your behalf. "We" or "our" or “us” refers to Valon or any contractor, affiliate, agent, or designee of Valon.
By accessing or using any of the information, functions, or materials available on Online Services, you agree to and understand the following Terms and Conditions. Valon, in its sole discretion, can change or add to the Online Services or these Terms and Conditions by posting updated Terms and Conditions on the Online Services or providing written notice to you by email or U.S. Mail. You agree that you will be bound by any changes or additions thatValon makes to Online Services or these Terms and Conditions. You also agree that you are responsible for reviewing these Terms and Conditions regularly and that, by continuing to use Online Services (including registering for an online account), you accept any changes or additions to Online Services or these Terms and Conditions. The Online Services are intended for individuals who are at least 13 years of age. If you are under the age of 13 years, you should not be using Online Services.
Valon intends for the information, materials, and functions on Online Services to be as current and accurate as reasonably possible, but cannot guarantee and does not warrant the accuracy or reliability of the information, materials, or functions available through Online Services. Any calculations, functions, or tools available on Online Services are intended only to provide estimates, which might differ from actual amounts that are applicable to you or your account.
Security of Transmissions
There may be security, transmission, or other risks associated with using the Internet and Online Services. You assume these risks. It is your responsibility to obtain all software, hardware, or other equipment needed to use Online Services. Note that Valon’s site may contain encryption methods that all browsers do not support. If you are not using a browser that supports 128-bit encryption, you might be unable to view all of the information and materials contained on our site.
ONLINE SERVICES ARE OFFERED ON AN AS-IS, WHERE IS AND WHERE AVAILABLE BASIS, WITH NO WARRANTY OF ANY KIND – WHETHER EXPRESS, IMPLIED, OR STATUTORY – INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DOES NOT AFFECT WARRANTIES THAT ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
YOU ACKNOWLEDGE THAT NEITHER VALON, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT ONLINE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE ONLINE SERVICES, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH ONLINE SERVICES. VALON DOES NOT ENDORSE PRODUCTS OR SERVICES APPEARING ON LINKED SITES OR PURCHASED VIA LINKED SITES. (THIS DOES NOT AFFECT ANY MANUFACTURER'S WARRANTIES THAT THE PROVIDERS OF THE LINKED SITES OTHERWISE OFFER.)
EXCEPT AS PROVIDED SPECIFICALLY IN THIS AGREEMENT OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT VALON IS NOT RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE, OR BODILY INJURY (WHETHER CAUSED BY ACCESS TO OR USE OF ONLINE SERVICES). TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, VALON WILL NOT BE RESPONSIBLE TO YOU, OR ANY THIRD-PARTY CLAIMING THROUGH YOU, FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ECONOMIC, OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE USE OF ONLINE SERVICES, INCLUDING LIABILITY ASSOCIATED WITH ANY COMPUTER VIRUSES.
Copyrights, Trademarks, and Restrictions on Use
All the pages, screens, and similar items on Online Services are owned and controlled by Valon unless expressly stated otherwise, and are protected by U.S. copyright laws and international treaties. The copyrighted materials on Online Services are owned by Valon or its affiliates and include, but are not limited to, the source code, software, text, images, graphics, design, and other content on Online Services. You may view the information available on Online Services only for your informational purposes. You acknowledge that by downloading copyrighted material you do not acquire any ownership rights in the material. Valon is a federally registered trademark owned by Valon. Moreover, other featured words used on Online Services to identify the source of goods and services are trademarks and service marks owned by Valon or third parties.
Legal Limitations on Use
You are responsible for respecting and adhering to all laws applicable to your use of Online Services. Users shall not transmit any material or information to Online Services that is false, libelous, defamatory, obscene, profane, solicitous, that infringes on any copyright or other proprietary rights of any other person or entity, or that otherwise could result in civil or criminal liability under the law. Any attempted violation of law could result in litigation against the offender by Valon or a proper authority.Valon will comply fully with applicable authorities to provide any information necessary for the investigation and/or litigation process.
Choice of Law
Your access to and use of Online Services and these Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, without regard to the conflict of laws thereof, and the laws of the United States. You agree that any action at law or in equity arising out of your use of Online Services or relating to these Terms and Conditions may be filed only in the state or federal courts located in New York.
You agree to defend, indemnify, and hold harmless Valon, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys' fees, arising out of your violation of these Terms and Conditions or misuse of Online Services, including violations or misuses conducted by your employee or agent, if applicable.
No waiver by Valon of any right, term, or provision of these Terms and Conditions will be deemed a waiver of any other right, term, or provision of these Terms and Conditions at any time.
If a court of competent jurisdiction decides that any portion of these Terms and Conditions is unenforceable, that portion will be modified by the court solely to the extent necessary to make that portion enforceable; and, these Terms and Conditions, as modified, will remain in full effect.
Electronic Communications Disclosure and Consent Agreement
Effective February 25, 2022
Please read this Electronic Communications Disclosure and Consent Agreement ("Disclosure") thoroughly. This Disclosure contains important information about your legal rightsegal rights and covers all of your accounts, products, and services with Valon Mortgage, Inc. (“Valon”) and its affiliates (collectively, "we", "us", and "our") that are accessible, either currently or in the future, through our websites, or other electronic means (“Online Services”). The words "I", "you" and "your" mean each account holder, product owner, and/or service user identified on an account, product, or service.
Applicable laws and regulations require us to provide you with specific information in writing, meaning you have a right to receive that information on paper. We can provide this information to you electronically if we represent this Disclosure and obtain your consent to receive the information electronically. Your consent will also apply to any other person named on your account, product, or service – including co-borrowers – subject to applicable law. By providing your consent to receive communications (defined below) electronically from us, you confirm that you have the hardware, software, or other equipment needed to receive and access this information. Agreeing to this Disclosure is considered providing such consent. By registering or using an online account, you also provide such consent.
Note that all communications, whether in electronic or paper format, from us to you will be considered “in writing.”
Types of Electronic Communications You Will Receive
You agree and understand that we may provide to you in electronic format only, by posting the information on Valon’s website where you securely access your account(s), through email, or other electronic means: agreements, disclosures, statements, notices, and other information; communications regarding your accounts, our services and products, the use of our websites or our other electronic services, your relationship with us; and communications about other products, services, or programs that are or might in the future be made available to you (collectively, "Communications"). These Communications include, but are not limited to:
- This Disclosure and any updates;
- The terms and conditions or user agreements for access to our websites or other electronic services, all updates to these terms and conditions or agreements, and all disclosures, notices, and other communications regarding transactions you make through our websites or our other electronic services;
- Notice of the addition of new terms and conditions or the deletion or amendment of existing terms and conditions applicable to all accounts, products, or services we provide to you;
- Disclosures, agreements, notices, communications, and other information related to opening, registering, or initiating an account, product, or service. These include, but are not limited to, account agreements, fee schedules, and other disclosures or notices that may be required by the Real Estate Settlement Procedures Act, Truth in Savings Act, Electronic Fund Transfer Act, Truth in Lending Act, Equal Credit Opportunity Act, Fair Credit Reporting Act, Gramm Leach Bliley Act, or other applicable federal or state laws and regulations;
- Periodic (weekly, monthly, annual, or other) statements, disclosures, and notices relating to the maintenance or operation of an account including, but not limited to, account information and activity, payments made or due, or other statements, disclosures, or notices that may be required by the Real Estate Settlement Procedures Act, Truth in Savings Act, Electronic Fund Transfer Act, Truth in Lending Act, Equal Credit Opportunity Act, Fair Credit Reporting Act, Gramm Leach Bliley Act, or other applicable federal or state laws and regulations;
- Communications about the collection of a debt;
- Tax statements or notices, such as annual IRS interest statements, that we are legally obligated to provide to you;
- Any notice or disclosure regarding fees relating to an account, product, or service, such as a late fee, a fee for a draft, check, or electronic debit returned for any reason, such as an nonsufficient funds fee or a fee resulting from a stop payment order; and
- Information or forms that we request from you and ask you to submit electronically.
Communications Provided in Paper
This Disclosure does not apply to any communications that we determine, in our sole discretion, we must deliver in paper form under applicable law; or, that you should receive in paper rather than electronic form. Such communications will be mailed to the primary address we have for you in our records or otherwise delivered as required by law or the governing agreement.
Electronic Signatures and Click-to-Sign
You agree that when providing a signature electronically, via DocuSign, click-to-sign, or any e-signature or similar means, you are providing the legal equivalent of your manual signature. You also agree that documents, agreements, or contracts signed electronically are effective, binding, and enforceable to the fullest extent permitted by applicable law.
How to Withdraw Your Consent
Subject to applicable law, you can withdraw your consent to this Disclosure by contacting us in writing at VALON MORTGAGE, INC 9450 SW Gemini Dr PMB 28754 Beaverton, OR 97008; calling us at 855-218-3690 during normal business hours; or emailing us at email@example.com. Moreover, you can adjust your notification preferences on the Settings page of your online account. In our sole discretion, we may treat your provision of an invalid email address, or a subsequent malfunction of a previously valid email address, as withdrawal of your consent to receive electronic Communications. Withdrawing your consent to receive electronic Communications will not result in any type of processing or other fee; however, your access to and use of the Online Services may be terminated.
Any withdrawal of your consent is effective only after Valon has had reasonable time to process your withdrawal.
Hardware and Software Requirements
Most Communications provided electronically are either in HTML and/or PDF format. For Communications provided in PDF format, software compatible with Adobe Reader 6.0 or later versions might be required. A free copy of Adobe Reader can be obtained at the Adobe website, https://www.adobe.com.
Communications may also be provided by email. You are responsible for providing us with a valid email address for Communications to be delivered. We may also make the Communications available in your online account. In this situation, you agree that once we email the Communications to you or make them available in your online account, we have delivered the Communications to you in a form that you can retain.
You understand that you need access to an email address, the internet, and, on occasion, PDF software to review the Communications. To print Communications, you must have a printer connected to your device. To download Communications, you must have enough hard drive or other storage space to store the Communications.
Obtaining and Retaining Copies of Electronic Communications
You may make a copy of Communications by printing or saving a copy – please do this when you first review the Communications. We do not necessarily keep all Communications in a place that you can access.
Upon your request, we will provide a paper copy of any electronic Communications we have provided pursuant to this Disclosure within 12 months after the date the Communication was first made available to you electronically. You can make such a request by calling us at 855-218-3690 or emailing us at firstname.lastname@example.org.
In your request, specify your loan number, the Communication for which you are requesting a paper copy, and the address to which it should be mailed. We may, when legally allowed, charge fees for paper copies of the Communications.
Updating Your Contact Information
It is your responsibility to provide us with true, accurate, and complete information. If your email address or other contact information changes, you agree to notify us of such changes promptly by updating the contact information in your online account (in the borrower console), emailing us at email@example.com, or calling us at 855-218-3690 and communicating the contact information changes.
If you do not update or change an incorrect or invalid email address or other contact information, you understand and agree that any Communications will nevertheless be deemed to have been provided to you if they were made available to you on our websites, emailed to the email address we have on file for you, or delivered to you by other electronic means.
Termination and Changes
We reserve the right, at any time and at our sole discretion, to discontinue your electronic Communications or terminate or change this Disclosure or any other terms and conditions on which we provide electronic Communications. We will give you notice of any such termination or change as the law requires.
Choice of Law
You agree that any action at law or in equity relating to this Disclosure and the Communications it covers shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You also agree that any such action may be filed only in the state or federal courts located in New York.
Mobile Notifications Terms & Conditions for Valon’s Text Messaging Service
Effective February 25, 2022
Opt-In and Cancellation
Text messages are sent to Valon Mortgage, Inc. (“Valon”) customers (“Valon’s Text Messaging Service”). Customers will receive notifications including, but not limited to, general account-related messages, messages when making payments and when new account-related documents are available, messages about the collection of debt, other informational messages, and marketing-related alerts. By agreeing to these terms and conditions, you provide consent to receive such text messages from Valon and affirmatively opt into Valon’s Text Messaging Service.
You can cancel Valon’s Text Messaging Service at any time. Simply reply “STOP” to the message (shortcode). After you send us the text message “STOP,” we will send you a text message confirming that you have been unsubscribed. After this, you will no longer receive text messages from us. You can send us the message “START” if you want to receive text messages from us again.
We may use autodialer or non-autodialer technology to send the text messages described above to your mobile phone number. Valon reserves the right to block any mobile telephone number it deems inappropriate and to disable text messages without notice. Consent to these terms is not required as a condition to purchase a good or service.
Carrier and Messaging Plan
Valon’s Text Messaging Service is complimentary; but, depending on your messaging plan and carrier, message and data rates may apply. Carriers are not liable for delayed or undelivered messages. If you have questions about your text plan or data plan, contact your wireless provider.
By accepting this agreement, you acknowledge and agree to the terms and conditions provided in this policy. You also authorize Valon and its service providers fully and unconditionally to respond to your mobile device or cell phone, even if your telephone number is listed on any do-not-call registry.
Valon’s Text Messaging Service is not intended to be construed against Valon as an interest rate lock, an unconditional loan commitment, an unconditional loan approval, an unconditional qualification, or any other unconditional offer or agreement to lend. Moreover, Valon disclaims any and all responsibility, including responsibility based on negligence or negligent misstatement, for the accuracy, completeness, or reliability of data or information contained in or furnished through Valon’s Text Messaging Service. Valon makes no warranties, express or implied, with respect to such data or information.
Do not send a text message to Valon to communicate time-sensitive instructions or information. Urgent matters should be communicated directly to the relevant person by telephone and then confirmed in writing with that person.
By using this service, you agree that the terms and conditions stated herein apply to you and are incorporated by reference into any communication. You also agree that any disputes relating to this service shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of your use of Valon’s Text Messaging Service or relating to these terms and conditions may be filed only in the state or federal courts located in New York.