Please read this agreement ("Agreement") carefully before accessing or using this website ("Site"). By accessing or using the Site, you agree to be bound by this Agreement. Prosperity Enterprise Funding LLC: DBA America Presta and its affiliates and subsidiaries (hereinafter Prosperity Enterprise Funding LLC: DBA America Presta) and its suppliers provided you, the user, with the information and services on this Site, on the condition that that you accept without modification the terms, conditions and notices contained herein. The information and services offered on this Site are provided with the understanding that neither Prosperity Enterprise Funding LLC: DBA America Presta, nor its suppliers or users are engaged in rendering legal or professional services or advice. Prosperity Enterprise Funding LLC: DBA America Presta and its agents assume no responsibility for any consequences related directly or indirectly to any action or inaction you take in reliance on the information, services or other material on this Site. Although Prosperity Enterprise Funding LLC: DBA America Presta and its suppliers strive to keep the information on this Site accurate, complete, and current, Prosperity Enterprise Funding LLC: DBA America Presta and its suppliers cannot guarantee, and shall not be liable for, any damage or loss related to the accuracy, completeness or timeliness of the information.
Limitation of personal and non-commercial use: Prohibited uses
You may access, download and print the materials on this Site for your personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works, mark up on any other website, use on any other website, transfer or sell any information, software, user lists, bases of data or other lists, products or services obtained from this Site. The foregoing prohibition expressly includes, but is not limited to, "screen scraping" or "database scraping" practices to obtain lists of users or other information. When requested to do so by Prosperity Enterprise Funding LLC: DBA America Presta, you agree to provide true, accurate and complete user information and not to impersonate or misrepresent your affiliation with any person or entity.
All materials on this Site (as well as the organization and design of the Site) are the property of Prosperity Enterprise Funding LLC: DBA America Presta and are protected by copyright or license. Copyright Prosperity Enterprise Funding LLC: DBA America Presta. All rights reserved. Reproduction, distribution, or transmission of the copyrighted materials contained on this Site is strictly prohibited without the express written permission of Prosperity Enterprise Funding LLC: DBA America Presta
Prohibition of illegal or prohibited use
As a condition of your use of this Site, you warrant to Prosperity Enterprise Funding LLC: DBA America Presta that you are not using this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. If you violate any of these terms, your permission to use the Site automatically terminates.
The use of this site is at your own risk. If your use of this Site or the materials on it gives rise to the need to maintain or replace property, materials, equipment or data, neither Prosperity Enterprise Funding LLC: DBA America Presta nor its affiliates are responsible for those costs. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PROSPERITY ENTERPRISE FUNDING LLC: DBA AMERICA PRESTA, AND/OR ITS RESPECTIVE SUPPLIERS MAY, WITHOUT NOTICE, MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE, INCLUDING BUT NOT LIMITED TO THE INFORMATION, SERVICES, PRODUCTS OR OTHER MATERIAL AT ANY TIME. ALL INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL PROSPERITY ENTERPRISE FUNDING LLC: DBA AMERICA PRESTA, AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR ANY INFORMATION, PRODUCTS, MATERIAL AND/OR SERVICES OBTAINED THROUGH THIS SITE, OR IN ANY WAY ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF PROSPERITY ENTERPRISE FUNDING LLC: DBA AMERICA PRESTA, OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless Prosperity Enterprise Funding LLC: DBA America Presta and its suppliers from any liability, loss, claim and expense (including reasonable attorneys' fees) related to your violation of this Agreement.
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Changes to the Agreement
Prosperity Enterprise Funding LLC: DBA America Presta may modify this Agreement at any time, and such modifications will be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this Site will be deemed your acceptance of the Agreement as modified.
This Agreement and the resolution of any dispute relating to this Agreement or this Site shall be governed by and construed in accordance with the laws of Texas, without giving effect to any principles of conflicts of law. The failure of Prosperity Enterprise Funding LLC: DBA America Presta to insist on strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action brought by you arising out of or related to the use of this Site or this Agreement must be filed within two (2) years after such claim or cause of action has arisen or shall be forever barred. Any legal action or proceeding between Prosperity Enterprise Funding LLC: DBA America Presta and you in connection with this Agreement shall be brought exclusively in federal district court.
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Figure: 7 TAC § 80.200(b) CONSUMER WISHING TO FILE A COMPLAINT AGAINST A COMPANY OR A RESIDENTIAL MORTGAGE LOAN ORIGINATOR SHOULD COMPLETE AND SEND A COMPLAINT FORM TO THE TEXAS DEPARTMENT OF SAVINGS AND MORTGAGE LENDING, 2601 NORTH LAMAR, SUITE 201, AUSTIN, TEXAS 78705. COMPLAINT FORMS AND INSTRUCTIONS MAY BE OBTAINED FROM THE DEPARTMENT WEBSITE AT WWW.SML.TEXAS.GOV. A TOLL-FREE CONSUMER HOTLINE IS AVAILABLE AT 1-877-276-5550. THE DEPARTMENT MAINTAINS A RECOVERY FUND TO MAKE PAYMENTS OF CERTAIN ACTUAL OUT OF POCKET DAMAGES SUSTAINED BY BORROWERS CAUSED BY ACTS OF LICENSED RESIDENTIAL MORTGAGE LOAN ORIGINATORS. A WRITTEN APPLICATION FOR REIMBURSEMENT FROM THE RECOVERY FUND MUST BE FILED WITH AND INVESTIGATED BY THE DEPARTMENT PRIOR TO THE PAYMENT OF A CLAIM. FOR MORE INFORMATION ABOUT THE RECOVERY FUND, PLEASE CONSULT THE DEPARTMENT’S WEBSITE AT WWW.SML.TEXAS.GOV.
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