TERMS OF USE

This website ("the Site") is owned and operated by Flat Branch Home Loans, a division of Flat Branch Mortgage Incorporated ("Flat Branch", "we", "our", or "us"). The Site provides information about Flat Branch programs and services (the "Services").

These terms of use ("Terms") constitute a binding agreement between you and Flat Branch. Clicking on links within the Site or webpages beyond the Site's homepage constitutes your acceptance of and agreement with these Terms whether or not you complete a transaction on the Site or through other channels, such as by telephone, email, facsimile, or otherwise. Please read carefully through all sections of these Terms. Your access to and use of the Site is subject to these Terms and all applicable laws and we reserve the right to terminate your access to the Site if you violate these Terms. If you do not agree with these Terms, do not access or otherwise use the Site, any services available through the Site, or any information contained within the Site.

Mandatory arbitration notice and class action and jury trial waiver. These Terms contain a mandatory(binding) arbitration provision and class action and jury trial waiver clauses. Except for certain types of disputes described in the arbitration section below or where prohibited by applicable law, you agree that disputes between you and use will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.

We may make changes to the content available on the Site at any time. We can change, update, add, or remove provisions of these Terms at any time by posting updated Terms on the Site. By using the Site after we have updated the Terms, you are agreeing to the then-current Terms and Privacy Policy.

In addition to these Terms, your use of certain Services may be governed by additional agreements.

Although not part of these Terms, to learn more about how Flat Branch uses and protects the privacy of users of the Site, please visit:flatbranchhomeloans.com/privacy

Accessing the Site

We reserve the right to withdraw or amend the Site, and any Services or Materials (defined below) we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, in our sole discretion and without notice to you, we may restrict access to some parts of the Site, or the entire Site, to users.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Site.
• Ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.

To access the Site or some of the resources it offers, you may be asked to provide certain information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete.

Proprietary Rights and Your Use of the Site

We provide content through the Site that is copyrighted and/or trademarked work of Flat Branch or our third-party licensors and suppliers (collectively, the "Materials"). Materials may include logos, graphics, video, images, software, and other content.

You may not use the contents of the Site in any manner or for any purpose that would constitute infringement of Flat Branch's, its licensor's, or the Site's other user's intellectual property rights.

Subject to these Terms, Flat Branch hereby grants you a limited, personal, non-exclusive and non-transferable license to use, view, print, display, and download the Materials for the sole purpose of viewing them on a stand-alone personal computer or mobile device and to use the Site solely for your personal use. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative work of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner or for any purposes that would constitute infringement of our, our licensors', or the Site's other users' intellectual property rights. All rights not expressly granted herin are reserved.

If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.

Your Communications to the Site

By forwarding any content or communications to us through the Site or by other electronic means, you thereby grant us a perpetual, royalty-free, world-wide, irrevocable, nonexclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, redistribute, and display such content and communications in any form for the purposes of providing the Services and any purpose tangentially related to the Services. No compensation will be paid to you with respect to our use of your communications. By providing or submitting content, you represent and warrant that you own or otherwise control all of the rights to your submitted content and communications as described in this section including, without limitation, all the rights necessary for you to submit the content and communications and grant the license above.

Electronic Communications

By using the Site and/or the Services, you consent to receiving electronic communications, including electronic notices, from Flat Branch. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Permitted use

By accessing or using the Site, you agree that:

• Your use of the Site is subject to and governed by these Terms;
• You will only access or use the Site to transact business with Flat Branch if you are at least 18 years old;
• You will use the Site solely for its services offered in the normal course of business;
• You will always act in accordance with the law and in good faith;
• You will comply with and be bound to these Terms as they appear on the Site each time you access and use the Site;
• Each use of the Site by you indicates and confirms your agreement to be bound by these Terms; and
• These Terms are a legally binding agreement between you and Flat Branch that will be enforceable against you.

You further agree to not use the Site in any way that:

• Changes or alters the Site, content or services that may appear on the Site;
• Impairs in an way the integrity or operation of the Site;
• Interferes with or induces a breach of the contractual relationships between Flat Branch and its employees;
• Is in any way unlawful or prohibited, or that is harmful or destructive to anyone or their property;
• Transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited email and commercial communications;
• Transmits any harmful or disabling computer codes or viruses;
• Harvests email addresses from the Site;
• Transmits unsolicited email to the Site or to anyone whose email address includes the domain name of the Site;
• Interferes with Flat Branch's network services;
• Attempts to gain unauthorized access to Flat Branch's network services;
• Suggests an express or implied affiliation or relationship with Flat Branch without the express written permission of Flat Branch;
• Impairs or limits our ability to operate the Site or any other person's ability to access and use the Site;
• Unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;
• Transmits or uploads violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;
• Dilutes or depreciates the name and reputation of Flat Branch or any of its affiliates;
• Transmits or uploads content or images that infringe upon any third party's intellectual property rights or right to privacy; or
• Unlawfully transmits or uploads any confidential, proprietary or trade secret information.

This list of prohibited activities provides examples and is not complete or exclusive. We reserve the right to terminate your ability to use the Site (or use the Materials) with or without cause and with or without notice, for any reason or no reason, or for any action that we determine is inappropriate or disruptive to the Site or to any other user of the Site and/or Materials. We may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at our discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site or on the Internet.

Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

The Site may include content provided by third parties, including materials provided by licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Flat Branch. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Third-Party Links

The Site may link to other websites that are not sites controlled or operated by us (collectively, "Third-Party Sites"). You acknowledge and agree that the Third-Party Sites may have different privacy policies and Terms and conditions and/or user guides and business practices than us, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy and Terms and conditions and/or user guides. We are providing links to the Third-Party Sites to you as a convenience, and we do not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites.YOU AGREE THAT FLAT BRANCH WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY.Any reference on the Site to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply our endorsement or recommendation.

Federal and State Laws

The Site is operated from the United States and is intended for U.S. residents only. The Site is not approved for distribution outside of the U.S. and non-U.S. residents should not rely or act upon the information contained within. When using the Site, on the Site, or when using any content provided by us, you must obey all applicable U.S. federal, state and local laws.

Minimum Age

We do not allow persons under the age of eighteen (18) to use the Site. By using the Site, you represent and warrant that you are eighteen (18) years of age or over.

Disclaimer of Warranties

Your use of the Site is at your own risk. The Materials have not been verified or authenticated in whole or in part by us, and they may include inaccuracies or typographical or other errors. We do not warrant the accuracy or timeliness of the Materials contained on the Site. We have no liability for any errors or omissions in the Materials, whether provided by us, our licensors or suppliers.

TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN OR ON THE Site, THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE Site AND ANY REFERENCED THIRD-PARTY Site ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ANY THIRD-PARTY GOODS OR SERVICE PROVIDERS ARE SUPPLIED AS A CONVENIENCE TO YOU AND LISTING DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. TO THE FULLEST EXTENT ALLOWED BY LAW, FLAT BRANCH DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE FULLEST EXTENT ALLOWED BY LAW, FLAT BRANCH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE Site, CONTENT, OR OTHER POSTED MATERIALS ON THE Site IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

BY PROVIDING THE SERVICES ON THE Site, FLAT BRANCH DOES NOT IN ANY WAY PROMISE THAT THE SERVICES WILL REMAIN AVAILABLE TO YOU. FLAT BRANCH IS ENTITLED TO TERMINATE ALL OR PART OF ANY OF THE Site AT ANY TIME, IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU.

Limitation of Liability

THE LIABILITY OF FLAT BRANCH AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD-PARTY SERVICE PROVIDERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE Site, THE MATERIALS, THE CONTENT OR SERVICES OBTAINED THROUGH THE Site, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, THE GREATER OF ONE-HUNDRED DOLLARS ($100).

IN NO EVENT WILL FLAT BRANCH BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF FLAT BRANCH IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to indemnify, defend and hold harmless us and our affiliates, employees, agents, representatives and third-party service providers, for any and all claims, demands, actions, liability, fines, penalties and expenses that may arise from any of your acts through the use of the Site. Such acts may include but are not limited to providing content to or communicating with us or our affiliates, unauthorized use of material obtained through the Site, engaging in a prohibited activity, or any other action that breaches these Terms.

Copyright Complaints

We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information.

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• Description of the copyrighted work that you claim has been infringed;
• The location of the Site of the material that you claim is infringing;
• Your address, telephone number and e-mail address;
• A statement that your claim of infringement is based on a good faith belief; and
• A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our agent for notice of claims of copyright infringement on the Site can be reached as follows:

Email: [email protected]

Mandatory Arbitration and Class Action and Jury Trial Waiver.

You hereby agree that either you or we may require any dispute, claim, or cause of action ("Claim") between you and us or any third parties arising out of use of the Site, the Services, and any other actions with us (whether based in contract, tort, statute, fraud misrepresentation, or any other legal theory) to be arbitrated on an individual (non-class) basis. However, both parties retain the right to seek relief in a small claims court (or a state court equivalent) for a Claim within the scope of its jurisdiction. Additionally, both parties retain the right to obtain public injunctive relief from any court with proper jurisdiction.

You specifically agree, to the extend allowed by law, to irrevocably waive any right you may have to a trial by jury or other court trial (other than small claims court) or to serve as a class representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit, class arbitration, consolidation of individual arbitrations, or other proceeding filed against us and/or related third parties.

If you or we elect to arbitrate a Claim, the dispute shall be resolved by binding arbitration administered under the rules of the American Arbitration Association ("AAA"). The AAA rules and other information about arbitrating a claim under AAA may be obtained by visiting its website athttps://www.adr.org/. if AAA will not serve as the administrator of the arbitration, and you and we cannot then agree upon a substitute arbitrator, you and we shall request that a court with proper jurisdiction appoint an arbitrator. However, we will abide by the AAA rules regardless of the forum. Arbitration shall be conducted in the county and state where you accepted these Terms, you reside, or another reasonably convenient place to you as determined by the arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

If you elect to file the arbitration, you will pay the filing fee to the extent required by the AAA's Consumer Arbitration Rules but we will consider any request by you to reimburse you for such fees. All other arbitration fees and expenses shall be allocated according to AAA rules. Except for the arbitration fees and expenses, each party shall pay its own costs and fees incurred (including attorneys' fees), unless the arbitrator allocates them differently in accordance with applicable law.

If any part of this arbitration provision is invalid, all other parts of it remain valid. However, if the class action limitation is invalid, then this arbitration provision is invalid in its entirety, provided that the remaining Terms shall remain in full force and effect. This arbitration provision will survive the termination of your use of the Site, the Services, and any other actions with us.

You may reject this arbitration provision within five days of accepting the Terms by emailing us as [email protected] and including in the subject line "Rejection of Arbitration Provision."

Miscellaneous Provisions

Severability.If any term or provision in these Terms is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms in its entirety and the remainder of these Terms shall survive with the said offending provision eliminated.

Governing Law and Venue.These Terms shall be governed by and construed in accordance with the laws of the State of Missouri, excluding its conflicts of law rules, and the United States of America. Without waiving the foregoing arbitration clause, you agree that any dispute arising from or relating to the subject matter of these Terms shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Kansas City, Missouri, except where the jurisdiction and venue are mandated by applicable Assignment. We may freely assign our obligations and rights under these Terms, including all Personal Information in our possession which we have collected during your use of the Site.

Site Availability.WE CANNOT GUARANTEE THE SITE WILL BE AVAILABLE 100% OF THE TIME BECAUSE PUBLIC NETWORKS, SUCH AS THE INTERNET, OCCASIONALLY EXPERIENCE DISRUPTIONS. ALTHOUGH WE STRIVE TO PROVIDE THE MOST RELIABLE WEBSITE REASONABLY POSSIBLE, INTERRUPTIONS AND DELAYS IN ACCESSING THE SITE ARE UNAVOIDABLE AND WE DISCLAIM ANY LIABILITY FOR DAMAGES RESULTING FROM SUCH PROBLEMS.

Headings.Condition and section headings are for convenience of reference only and shall not affect the interpretation of these Terms.

Typographical Errors.Information on the Site may contain technical inaccuracies or typographical errors. We attempt to make the Site’s postings as accurate as possible, but we do not warrant the content of the Site is accurate, complete, reliable, current, or error-free.

Questions

If you have any questions or comments about these Terms or the Site, please contact us at:

573-442-3850

Email: [email protected]