Official Terms and Conditions of Use
Welcome to the DMM Loss Mitigation Web Portal / Homeowner’s Assistance Portal website (“Site”). This Site
is owned and operated by Default Mitigation Management LLC (“DMM”). These Terms and Conditions of Use
documentation and communication submitted through the Site (the “BDC”). The Site is a subscription-based,
restricted access, online communication and document management system which allows users to
electronically store, organize and access borrower information and communications between borrowe r and
their mortgage servicer/lender. Your use of this Site or the BDC constitutes your agreement to follow and be
No Commitments. Use of the Site in no way commits any of the parties to either offer or accept any
loss mitigation solutions. This Site provides a streamlined means of communication between interested
parties. It enables parties interested in mortgage loss mitigation to submit all of the necessary
documentation and to communicate with each other throughout the process via a secure web
Protection of User ID and Password. In order to use the Site, you will need to register using your email
address (“User ID”) and create a password. Keep your password confidential. DMM encourages you
not to share your User ID or password with anyone. You are responsible for all usage or activity on the
Site through the use of your User ID and password. If you believe someone has gained unauthorized
access to your User ID and password for any reason (including without limitation due to theft or
inadvertent disclosure), you should change your User ID and password immediately or contact DMM at
Information You Provide. You represent that any information you provide to DMM during the set-up of
your account or in connection with your use of the Site is accurate, to the best of your knowledge. You
must not impersonate another person or create false account information for yourself or others. You
agree to promptly update any account information when such information changes.
Authorized Use. You may access and use the Site and BDC only for its intended purpose. You
must comply with any restrictions that may be posted or implemented, including without
limitation restrictions on downloading, printing, copying, modifying, publishing, posting,
transmitting or distributing documents or other content on the Site or BDC.
Links to Other Sites. The Site may contain links to other web sites that are not operated by DMM.
These links are provided to you only as a convenience. Such linked sites are not under the control of
DMM and DMM is not responsible for their content, or any actions taken by the operators of such
other sites. The inclusion of any link on the Site does not constitute or imply an endorsement or
recommendation by DMM of that entity or its products and services.
Equipment. You are responsible for securing, at your own cost, all computer equipment,
Internet access, software, and other items or services necessary to access and use the Site.
Intellectual Property. “DMM Portal” and “Homeowner’s Assistance Portal” are trademarks and service
marks of DMM. The Site and BDC, and any content made available by DMM through the Site and BDC
(other than your own personal data), is protected by copyright or other intellectual property rights of
DMM. You do not, by virtue of using or downloading any content from the Site or BDC, obtain title
to, or any other ownership interest in, that content. Notifications of claimed copyright infringement
with respect to any articles made available on the Site or BDC should be sent
to: email@example.com. Please include in such notice your contact information and
identify the work claimed to be infringing and infringed.
Reserved Rights. DMM reserves the right, in its sole discretion, to: (i) suspend user privileges and
block your access or use of the Site or BDC (in whole or in part) temporarily, indefinitely, or
permanently at any time, with or without prior notice; (ii) change any aspect of the Site or BDC at any
time, including without limitation the availability of any feature or content, and to impose limits on
certain features and content, at any time, with or without prior notice; and (iii) monitor, revie w and
use all communications and other use of the Site and BDC, together with information relating to such
communications and use, such as identification of sources and recipients of content and usage
Compliance with Laws and Standards. You must comply with all applicable laws in connection with
your use of the Site and BDC. You may not use the Site or BDC to: (a) publish or transmit obscene,
profane, pornographic, or vulgar materials; (b) knowingly distribute false information about a
person or organization; (c) distribute advertising or other unsolicited materials to any third parties;
or (d) harass, intimidate or threaten others.
Viruses. You must use reasonable efforts to ensure that no viruses or other harmful code are
introduced into the Site or BDC through your equipment or software. In the event a virus or other
harmful code is found to have been introduced into the Site or BDC through your equipment or
software, you agree to assist DMM as requested to mitigate any damage and restore the Site or BDC to
its prior condition.
Security. DMM uses security measures to protect against unauthorized access to the Site and BDC.
However, no security measures are perfect and you agree that DMM is not responsible for any failure of
such security measures to prevent unauthorized access to the Site or BDC. You agree to observe all security
features on the Site and BDC and not to disable or circumvent any security features or devices.
you should not use the Site or BDC again. You will be deemed to have agreed to be bound by any
DISCLAIMER OF WARRANTIES. The data and other information on the Site and BDC may include errors
and omissions. Any opinions, recommendations, views or other statements in the content should not
be relied on as facts. The Site and BDC also may be unavailable from time to time. Therefore, DMM
cannot be liable for your reliance on the Site, BDC, or information made available through the Site or
BDC for any reason. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DMM DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES
WITH RESPECT TO (A) THE PERFORMANCE, FUNCTIONALITY, RELIABILITY, CONTINUOUS AVAILABILITY,
SECURITY, OR OPERATION OF THE SITE OR BDC, (B) THE ACCURACY, CURRENCY, COMPLETENESS,
VALIDITY OR RELIABILITY OF DOCUMENTS, INFORMATION OR OTHER CONTENT ON THE SITE OR BDC,
OR (C) THE ABSENCE OF VIRUSES OR OTHER HARMFUL CODE ON THE SITE OR BDC.
LIMITATIONS OF LIABILITY. IN NO EVENT SHALL DMM BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, SPECIAL, EXEMPLARY, INDIRECT OR OTHER DAMAGES ARISING FROM YOUR USE OF (OR
INABILITY TO USE) THE SITE OR BDC OR THE CONTENT CONTAINED THEREIN (WHETHER BY
CONTRACT, TORT OR OTHERWISE), EVEN IF DMM HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE
DAMAGES. DMM SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU,
NOT TO EXCEED U.S. $1,000. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH
THE SITE OR BDC IS TO STOP USING THE SITE AND BDC. ANY CLAIMS ARISING IN CONNECTION WITH
YOUR USE OF THE SITE OR BDC MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE THE EVENT
GIVING RISE TO SUCH ACTION OCCURRED.
ASSUMPTION OF RISK; WAIVER. YOU ASSUME ALL RESPONSIBILITY AND RISK OF DAMAGE, INJURY, OR
OTHER LOSS RESULTING FROM THE USE OF THE SITE OR BDC, OR THE INFORMATION CONTAINED
THEREIN. YOU HEREBY WAIVE, RELEASE AND FOREVER DISCHARGE DMM AND ITS AFFILIATES, AND
THEIR RESPECTIVE BUSINESS PARTNERS, EMPLOYEES AND AGENTS FROM ANY CLAIMS, LIABILITIES OR
OTHER OBLIGATIONS RESULTING FROM YOUR USE OF THE SITE OR BDC.
Indemnification. You agree to indemnify and hold DMM and its vendors, affiliates, and their
respective business partners, employees and agents harmless from any third party claims, damages or
misconduct in connection with accessing or using the Site or BDC.
transfer information collected in connection with the Site or BDC.
reason, the remaining provisions shall remain effective to the fullest extent permitted by applicable
Kentucky. You irrevocably submit to, and waive any objection to, the jurisdiction and venue of the
United States District Court for the Eastern District of Kentucky or the state courts of Kentucky, with
Support; Questions; Comments. To report any technical problems with the Site or BDC (such as
links that do not connect or downtime), please send an e-mail to firstname.lastname@example.org
or call (800) 481-1013.