Terms of Use
These Terms of Use govern your access to and use of the Foundation Home and Financial web and mobile applications and related services.
Acceptance of terms
By accessing or using the Foundation Home and Financial website, web application, or mobile application (collectively, the "Services"), you agree to be bound by these Terms of Use ("Terms") and our Privacy Policy. If you do not agree to these Terms, do not access or use the Services.
Who we are
The Services are provided by Foundation Home and Financial ("Foundation," "we," "us," or "our"), a fintech company. Foundation Home and Financial is not a mortgage lender. Mortgage products referenced or offered through the Services are provided by licensed third-party lending partners, including Fidelity Direct Mortgage, LLC (NMLS#: 188829).
Eligibility
To use the Services, you must:
- Be at least 18 years of age.
- Be a resident of the United States.
- Have the legal capacity to enter into a binding agreement.
- Provide a valid U.S. mobile phone number capable of receiving SMS text messages.
Account registration and security
To use most features of the Services, you must create an account by providing your name, email address, and mobile phone number. You agree to:
- Provide accurate, current, and complete information.
- Keep your phone number, email address, and other account information up to date.
- Safeguard access to any device used to receive SMS authentication codes.
- Notify us immediately of any unauthorized access to your account.
Authentication is performed via one-time SMS verification codes. You are responsible for all activity that occurs under your account, including any actions taken by anyone with access to your phone or SMS messages.
Acceptable use
You agree not to:
- Use the Services for any unlawful purpose or in violation of any applicable law or regulation.
- Impersonate another person or misrepresent your identity.
- Attempt to gain unauthorized access to any part of the Services, other accounts, or our systems.
- Interfere with or disrupt the Services, including by introducing malicious code or conducting denial-of- service attacks.
- Use the Services to harass, abuse, defraud, or harm any other person.
- Reverse-engineer, decompile, or attempt to extract source code from the Services, except to the extent permitted by applicable law.
- Use automated means (bots, scrapers, crawlers) to access the Services without our express written permission.
No mortgage advice
The Services provide general information and tools to help you explore mortgage options. Nothing on the Services constitutes financial, legal, tax, or investment advice. Mortgage products are offered and serviced by licensed third-party lending partners, who will provide you with legally required disclosures before you enter into any loan agreement.
Third-party services and links
The Services may contain links to third-party websites or services that are not owned or controlled by us. We are not responsible for the content, privacy practices, or terms of any third-party services. Your interactions with third parties are solely between you and the third party.
Intellectual property
All content, features, and functionality of the Services — including text, graphics, logos, images, and software — are owned by Foundation Home and Financial or our licensors and are protected by United States and international intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Services without our prior written consent.
Disclaimers
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, FOUNDATION HOME AND FINANCIAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, FOUNDATION HOME AND FINANCIAL AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES.
Indemnification
You agree to indemnify and hold harmless Foundation Home and Financial and its affiliates from any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your violation of these Terms or your misuse of the Services.
Termination
We may suspend or terminate your access to the Services at any time, with or without notice, for conduct that we believe violates these Terms or is harmful to other users, to us, or to third parties. You may stop using the Services at any time and may request account deletion by contacting support.
Governing law and disputes
These Terms are governed by the laws of the Commonwealth of Virginia, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Services shall be resolved in the state or federal courts located in Virginia, and you consent to the personal jurisdiction of those courts.
Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will update the "Last updated" date above and, where appropriate, notify you in-app or by email. Your continued use of the Services after such changes constitutes your acceptance of the updated Terms.
Contact us
If you have questions about these Terms, contact us at legal@foundationhomeandfinancial.com.