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your accounts
agreement |
customer center user
agreement |
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YOUR ACCOUNTS AGREEMENT
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CONSENT TO RECEIVE DISCLOSURES, NOTICES AND STATEMENTS ELECTRONICALLY |
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| For All Your Home Loans, Banking,
Insurance and Investment Accounts with the Countrywide Financial family of
Companies
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| Please read this Your Accounts Agreement &
Consent to Receive Electronic Disclosures (“Consent”) thoroughly. This
Consent covers all of your accounts with the Countrywide Financial family of
companies (our family of companies includes Countrywide Home Loans, Inc.,
Countrywide Home Loans Servicing, L.P., Countrywide Bank, FSB, Countrywide
Investment Services, Inc., and Countrywide Insurance Group) (collectively,
“Countrywide”).
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(1) Maintaining Security of Your User ID and
Password and Your Personal Identity is Important
We have adopted a number of policies and procedures intended to prevent
unauthorized access to the information contained on the Your Accounts web
pages. If you believe that Your Password and User ID or your identity has been
compromised, please contact us as soon as possible so that we may work together
to minimize the damage. You should not share your User ID and Password with
others.
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(2) Types of Electronic Communications You Will
Receive
By clicking the “I agree” button, you understand and agree that Countrywide may
provide to you in electronic format only, by electronic e-mail or website
posting, certain disclosures, notices and statements regarding the servicing of
your accounts, the use of any Your Accounts web services (including, but not
limited to, use of the Mortgage Pay on the Web program) your relationship with
us, and/or other programs, products or services that are or may be in the
future be made available to you (“Communications”). Such Communications may
include, but are not limited to:
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This Consent form;
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Periodic, annual, monthly or other statements, disclosures or notices relating
to account information, account activity, account inactivity, payments made or
due, or other transactions including, but not limited to, any statement that
may be required by the Electronic Fund Transfer Act, Truth in Lending Act, the
Equal Credit Opportunity Act, the Fair Credit Reporting Act, the Gramm Leach
Bliley Act, the Real Estate Settlement Procedures Act or other applicable laws
and regulations;
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Any notice or disclosure regarding the imposition of a late fee;
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Any notice or disclosure regarding the imposition of any fee for a draft, check
or electronic debit returned for any reason, such as insufficient funds or as a
result of a stop payment order;
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Any change-in-terms of the terms, conditions or rules applicable to products or
services you obtain from us, if a change-in-terms notice is required to be
provided to you by applicable law;
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Privacy statements or notices (by posting such notices on the website); and
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Certain statements that we are legally required to provide to you, such as the
annual IRS interest statements.
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(3) Types of Communications You Will Receive in Other Media
This Consent does not apply to:
- Any notice of default, acceleration, repossession, foreclosure, or eviction, or the right to cure or reinstate or redeem under a credit agreement secured by your primary residence
- Any life or health insurance cancellation or termination;
- Any disclosure or notice that is required by state law to be provided in paper rather than electronic form; and
- Any other communications that Countrywide determines, in its sole discretion, would be beneficial for you to receive in paper rather than electronic form.
Such notices and disclosures shall be mailed to the property address maintained for you in our records or otherwise delivered as required by law or the governing agreement. Additionally, there may be other notices and disclosures that Countrywide determines would be beneficial for you to consent separately to receive such notices and disclosures in electronic form. Delivery of such notices and disclosures will be governed by the separate consent agreement.
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(4) Hardware and Software Requirements
In order for you to access and retain the Communications, your computer system
must support the following requirements:
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An
operating system, such as:
- Windows 2000 or XP, 95/98/ME;
- Vista;
- Mac OS; or
- Mac OSX;
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Access to the Internet and an Internet browser which supports HTML 4.0,
SSL-encryption and Javascript – While you may be able to access the
Communications via other browsers, we currently support:
- Microsoft Internet Explorer
6.0 and above;
- Mozilla Firefox 1.5 and
above; and
- For AOL users, versions 8.0
and above are preferred;
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Adobe Acrobat Reader 6.0 or later versions (for Communications provided in PDF
format) – A free copy of Adobe Acrobat Reader may be obtained from the Adobe
website at www.adobe.com; and
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To print or download the Communications you must have a printer connected to
your computer or sufficient hard-drive space (approximately 1 mg) to save the
disclosures.
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(5) How to Withdraw Consent
You may withdraw this Consent to receive or access Communications electronically by calling the appropriate toll-free numbers below (not available for Countrywide Loan Accounts) or providing written notice of your withdrawal of Consent to us. If you have multiple Countrywide accounts or policies, you may have to communicate your withdrawal of Consent to each division that services such accounts or policies. For written notices of withdrawal, you must state that you are withdrawing your Consent to receive or access electronic Communications from us under this Consent, identify yourself, your loan, account or policy number, and the date in the written notice, and mail it, postage prepaid, to Countrywide at the addresses below, as applicable.
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For Countrywide Loan Accounts:
Countrywide
Customer Service
SV-B-314
P.O. Box 5170
Simi Valley, CA 93093-5170
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For Countrywide Bank Accounts:
Countrywide Bank, FSB
P.O. Box 15019
Chandler, AZ 85225-5019
Telephone number: 1-800-283-8875
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For Countywide Investment Services Accounts:
Countrywide Investment Services, Inc.
2595 W. Chandler Blvd
Chandler, AZ 85224
Telephone number: 1-800-838-6297
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For Countrywide Insurance Policies:
Countrywide Insurance Group
P.O. Box 19702
Irvine, CA 92623-9702
Telephone number: 1-888-268-2987
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If you withdraw your consent to receive electronic communications, you may not continue to use the Your Accounts web pages. Your withdrawal of consent operates only to cancel your agreement to this Consent to receive or access Communications electronically, and is effective only after Countrywide has received such written notice at the above location and has had a reasonable period of time to act upon your withdrawal of consent. It does not otherwise affect the terms of your accounts or operate as a right to opt-out of receiving any other information or communications from Countrywide or third parties, electronically or in any other form. Your Consent shall remain in force until withdrawn in the manner provided in this section.
We do not currently impose any fee or other penalty if you choose not to agree to this Consent to receive or access electronic Communications electronically, or if you withdraw your Consent. However, we retain the right to revoke or limit your access to information on our website, to impose fees or other penalties, or to take other actions that we deem appropriate at a later date if we provide you with a Communication or other notice, if required by applicable law, regarding such a change-in-terms. If you have consented to receive or access Communications electronically, then you agree we may provide such a change-in-terms notice to you, in our sole discretion, by sending an e-mail to you, by making the Communication regarding such a change-in-terms notice available at our website, or by sending you a change-in-terms notice in a paper format to the property address, mailing address or other address provided for such notices maintained for you in our records.
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(6) Obtaining Paper Copies of Communications
Upon request, we will provide you with a paper copy of any legally required Communications provided by Countrywide to you pursuant to this Consent for up to 25 months after the first date the Communication was first made available to you electronically. You may request a paper copy of these legally required Communications by writing to or calling us at the appropriate address or telephone number indicated above.
Be sure to specify your loan, account or policy number, as applicable, the specific Communication for which you are requesting a paper copy, and the address to which it should be mailed. We do not currently impose a fee if you request paper copies of the Communications, but we retain the right to charge fees at a later date for such copies if we provide you with a Communication or other notice regarding such a change-in-terms, if required by applicable law, either through an e-mail to you or by making the Communication regarding such a change-in-terms available at our website.
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(7) Updating Your Information Needed To Contact You
Electronically
In the event that your e-mail address or other contact information used by
Countrywide to communicate with you electronically is changed, you must notify
Countrywide of such changes immediately through one of the following methods:
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Logging in to http://www.countrywide.com
and selecting “Edit Profile” under the “My Profile” menu and updating your
e-mail address; or
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Calling or sending written notice of your updated e-mail address to the
appropriate telephone number or address indicated above.
If you fail to update or change an incorrect e-mail address or other contact
information, you understand and agree that any Communications shall
nevertheless be deemed to have been provided to you if they were made available
to you in electronic form on our website or e-mailed to the e-mail address we
have for you in our records.
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(8) Retain Copies for Your Records
You should print or download a copy of this Consent as well as any other Communications to retain for your permanent records.
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| Terms and Conditions
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| PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY
ACCESSING OR USING COUNTRYWIDE'S CUSTOMER CENTER WEBSITE (HEREINAFTER "THE
SITE"), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT
AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS OR USE THE SITE, OR ANY
PAGES OR INFORMATION IN THE SITE.
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| You may print these Terms and Conditions before you
access or use the Site. If you do not have a printer, you may call us for a
free copy of these Terms and Conditions. These Terms and Conditions will always
be available for your review under the "Terms and Conditions" link found at the
log-in screen and at the bottom of many pages of the Site.
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A. What these Terms and Conditions Cover:
These Terms and Conditions govern the use and access to information and
services provided through the Site. Information and services provided through
the Site may also be governed by separate agreements with you. Information and
communication provided by this site is from a debt collector. In these Terms
and Conditions, the words "Countrywide", "we", "us", and "our" mean Countrywide
Home Loans, Inc. and any company affiliated with Countrywide Home Loans, Inc.
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B. Accepting these Terms and Conditions:
You understand that by accessing or using the Site, or the information or
services offered or available through the Site, you have agreed to these Terms
and Conditions.
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C. Changes in Terms:
Countrywide may modify these Terms and Conditions at any time. Such
modifications will apply to you and will be effective immediately upon the
posting to the Site. You understand that by using or accessing the Site or the
information therein after a change becomes effective, you have agreed to it.
Countrywide will not provide you with individual notice any change. You should
select the "Terms and Conditions" link at the log-in screen or at the bottom of
many pages of the Site from time to time to review the current Terms and
Conditions because they are binding on you.
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D. Termination:
Countrywide may terminate your access to the Site for any reason, at any time,
with or without notice to you. If you terminate your agreement to these Terms
and Conditions, you may no longer use or access the Site. All representations
and warranties made herein and the parties' rights and obligations hereunder,
not pertaining to the continued use of the Site, shall remain in full force and
effect notwithstanding any termination of your agreement to these Terms and
Conditions.
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E. Limitations of Liability:
Risks of use. Access to the Site may be limited or unavailable during
periods of peak demand, system upgrades, maintenance or for other reasons. If
access to the Site is unavailable or delayed at any time, you agree to use
alternative means to obtain your account information from Countrywide, such as
contacting a Countrywide customer service representative or using Countrywide's
telephone service at 800-669-6607. Countrywide will not be liable to you if you
are unable to access your account information or use an online service through
the Site.
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| Limitation of Damages. IN NO EVENT WILL
COUNTRYWIDE BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT
DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES THAT MAY RESULT FROM THE
USE, INCONVENIENCE, DELAY OR LOSS OF USE OF THE SITE, THE INFORMATION THEREIN
OR FOR OMISSIONS OR INACCURACIES IN THE INFORMATION IN THE SITE.
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| No Liability for Events Outside of Countrywide's
Control. Countrywide will not be liable for any loss that results from
a cause over which Countrywide does not have direct control. Such causes
include, but are not limited to, (1) the failure of electronic or mechanical
equipment or communication lines ; (2) telephone or other interconnect
problems, (3) bugs, errors, configuration problems or the incompatibility of
computer hardware or software; (4) the failure or unavailability of Internet
access; (5) problems with Internet service providers or other equipment or
services relating to your computer or network;(6) problems with intermediate
computer or communications network or facilities; (7) problems with data
transmission facilities or your telephone, cable or wireless service; or (8)
unauthorized access, theft, operator errors, severe weather, earthquakes, or
other natural disasters or labor disputes. Countrywide is also not responsible
for any damage to your computer, software, modem, telephone, wireless device or
other property resulting in any way from your use of the Site.
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F. Disclaimer of Warranties:
THERE IS NO WARRANTY OF MERCHANTABILTY, NO WARRANTY OF FITNESS FOR A PARTICULAR
USE AND NO WARRANTY OF NON-INFRINGEMENT. THERE IS NO OTHER WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED, REGARDING THE SITE, THE INFORMATION THEREIN, AND ANY
ONLINE SERVICE OFFERED THROUGH THE SITE.
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G. Indemnification:
You agree to indemnify, defend and hold harmless Countrywide, its officers,
directors, employees, agents and licensors from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees, resulting
from any violation of these Terms and Conditions by you.
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H. Consent to E-Mail Communications and Opting Out:
You agree to receive electronic mail (“e-mail”) regarding your account from us.
Countrywide may send you e-mails about services and products we believe may be
of interest to you. You may opt-out of future e-mails about products and
services by following instructions in our privacy policy or contained in an
e-mail that you receive from us. We reserve the right, however, to e-mail you
important information relating to your account, including legal communications
unless applicable law requires your affirmative consent to receive legal
communications electronically and you provide that consent. You are deemed to
have received electronic messages sent to you when they are made available to
you.
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I. Applying for Additional Services or Changing
Existing Services:
If you apply for an account or service through the Site, or ask to change a
service you use already, you authorize Countrywide to treat your application or
request as if it had been made in writing and signed by you.
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J. Protecting your User Name and Password:
Countrywide has adopted policies and procedures intended to prevent
unauthorized access to the Site and the information contained therein. You
agree to comply at all times with any security or operating procedures which
Countrywide establishes. You will be responsible for the confidentiality and
use of your user name, password and account number(s). You agree not to hold
Countrywide liable for any damages of any kind resulting from your decision to
disclose your user name, password or account number(s) to any third party. You
will be responsible for any access to the Site made through and under you user
name, password and account number(s). You agree to immediately notify us if you
become aware of:
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Any loss or theft of your user name, password and/or account number(s); or
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Any unauthorized use of your user name, password and/or account number(s), or
of the Site, any information therein, or any online services offered through
the Site.
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| We may suspend or cancel your access to the Site if
we suspect the Site, your account information, or any online service offered
through the Site is being used in an unauthorized or fraudulent manner.
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K. No Other Use:
The Site gives you access to services and information from Countrywide which
may be presented with a distinctive "look and feel." These services,
information and "look and feel" are proprietary property of Countrywide. You
may use the Site only for your personal, non-business use and may not
reproduce, sell or distribute all or any portion of the information provided to
you. Certain services offered through the Site use propriety software of
Countrywide and other Software Suppliers. If Countrywide has provided you with
software to use, you are being granted a non-exclusive license to use this
software. This allows you to use the software only for its intended purposes.
You may not disassemble, decompile, copy, modify or reverse engineer any of the
software or allow anyone else to do so, unless otherwise specifically
authorized by law. Contact us immediately if you believe any such software has
been stolen or lost.
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L. Severability:
If any clause or provision of these Terms and Conditions shall be deemed
invalid or unenforceable for any reason, the remainder of these Terms and
Conditions shall remain valid and enforceable in accordance with its terms. The
invalidity or unenforceability of any term, clause or provision in any
jurisdiction shall not invalidate or render unenforceable such provision in any
other jurisdiction.
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M. Waiver:
No waiver of any provision of these Terms and Conditions or of the rights and
obligations of the parties shall be effective unless in writing and signed by
the party waiving compliance. Any such waiver shall be effective only in the
specific instance and for the specific purpose stated in such writing.
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N. Successors and Assigns:
These Terms and Conditions shall be binding upon and inure to the benefit of
the parties hereto and their respective successors and assigns. You may not
transfer or assign any of the obligations, rights or interests under these
Terms and Conditions without the prior written consent of Countrywide and any
attempted or purported assignment without such consent shall be null and void.
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O. Attorneys' Fees:
If any claim, legal action or any arbitration or other proceeding is brought
for the enforcement of these Terms and Conditions or because of an alleged
dispute, breach, default or misrepresentation in connection with any of the
provisions of these Terms and Conditions, the successful or prevailing party
shall be entitled to recover reasonable attorneys' fees and other costs
incurred in that claim, action or proceeding, in addition to any other relief
to which such party may be entitled.
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P. Governing Law:
These Terms and Conditions shall be governed by the laws of the state of
California and, where applicable, by federal law. However, any issue relating
to an account or service with Countrywide which you can access through the Site
shall be governed by the law(s) specified in the agreement for that account or
service, if any, if there is a separate agreement for that account or service.
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Q. Dispute Resolution:
You agree that you will notify Countrywide in writing of any claim or dispute
concerning the Site, or the information or services provided through it, and
give Countrywide a reasonable period of time to address it, BEFORE bringing any
legal action, either individually or as a class member, against Countrywide.
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R. Customer Service:
If you need assistance with the Site or with any service or information
provided through it, or if you need to communicate with Countrywide, telephone
Countrywide's Customer Service department at 800-669-6607 or write to us at:
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Countrywide Home Loans
Attention: Customer Service Department SVB-314
PO Box 5170
Simi Valley, CA 93093-5170
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| You agree that we may record the conversations our
employees have with you. We do this from time to time to monitor the quality of
service and accuracy of information our employees give you, and to ensure that
your instructions are followed.
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| Customer Service can help resolve any problems with
the Site, but Customer Service is not authorized to waive any provision of
these Terms and Conditions.
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