Terms of Service
Last Updated: January 10, 2025
Agreement to Terms
These Terms of Service ("Terms") govern your access to and use of the AKTX Mortgage Loans website located at www.aktxmortgage.com ("Website") and all related services ("Services").
By accessing or using our Website or Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting. Your continued use of the Services after changes are posted constitutes your acceptance of the modified Terms.
1. Eligibility
You must be at least 18 years old and legally capable of entering into binding contracts to use our Services. By using our Services, you represent and warrant that you meet these requirements.
2. No Guarantee of Approval
This Website does not constitute an offer or guarantee of loan approval. All information provided on this Website is for informational and educational purposes only and should not be construed as financial, legal, or tax advice.
- Submission of a loan application does not guarantee approval
- All applications are subject to underwriting approval and verification of information
- Loan approval depends on creditworthiness, income verification, property appraisal, and other factors
- Not all applicants will qualify for advertised rates or programs
- We reserve the right to deny any application at our sole discretion
3. Interest Rates and Program Information
Interest rates, fees, and loan programs displayed on this Website are subject to change without notice and may not reflect current market conditions.
- Rates Vary: Actual interest rates depend on credit score, loan-to-value ratio, property type, loan amount, occupancy, loan purpose, and other factors
- Sample Rates: Rates shown are for illustrative purposes only and may not be available to all borrowers
- APR: Annual Percentage Rate (APR) includes interest rate plus certain fees and costs
- Points and Fees: Rates may assume payment of discount points and origination fees
- Lock Period: Rates must be locked within a specific timeframe to be honored
- Market Fluctuations: Rates change daily based on market conditions and investor pricing
4. Acceptable Use
You agree to use our Website and Services only for lawful purposes. You agree NOT to:
- Provide false, misleading, or fraudulent information
- Impersonate any person or entity
- Use automated systems (bots, scrapers, etc.) to access the Website
- Interfere with or disrupt the Website or Services
- Attempt to gain unauthorized access to any systems or data
- Transmit viruses, malware, or other harmful code
- Violate any applicable laws or regulations
- Use the Services for any illegal or unauthorized purpose
5. Intellectual Property Rights
All content on this Website, including text, graphics, logos, images, videos, software, and design, is the property of AKTX Mortgage Loans or its licensors and is protected by copyright, trademark, and other intellectual property laws.
You may not copy, reproduce, distribute, modify, display, perform, or create derivative works from any content on this Website without our prior written consent.
6. User-Submitted Information
By submitting information through our Website (including loan applications, contact forms, and inquiries), you grant us a non-exclusive, royalty-free, perpetual license to use, store, and process that information for the purposes described in our Privacy Policy.
You represent and warrant that all information you provide is accurate, complete, and current, and that you have the right to provide such information.
7. Third-Party Services and Links
Our Website may contain links to third-party websites, services, or products. We are not responsible for the content, accuracy, or practices of these third parties. Your use of third-party services is at your own risk and subject to their terms and policies.
We work with third-party service providers (lenders, appraisers, title companies, etc.) to facilitate your loan. These parties have their own terms and privacy policies.
8. Disclaimers
THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
- We do not warrant that the Website will be uninterrupted, error-free, or secure
- We do not guarantee the accuracy, completeness, or timeliness of any information
- We do not warrant that any defects or errors will be corrected
- Calculator results are estimates only and may not reflect actual loan terms
- We disclaim all implied warranties, including merchantability and fitness for a particular purpose
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, AKTX MORTGAGE LOANS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES.
- This includes damages for lost profits, lost data, business interruption, or other intangible losses
- Our total liability for any claim shall not exceed the amount you paid us for services
- We are not liable for delays or failures caused by circumstances beyond our control
- We are not responsible for errors in information provided by third parties
- We are not liable for decisions you make based on information on the Website
10. Indemnification
You agree to indemnify, defend, and hold harmless AKTX Mortgage Loans, its affiliates, officers, directors, employees, agents, and licensors from any claims, liabilities, damages, losses, costs, or expenses (including attorney fees) arising from:
- Your use of the Website or Services
- Your violation of these Terms
- Your violation of any applicable laws or regulations
- Your violation of any third-party rights
- Any false or misleading information you provide
11. Regulatory Compliance
AKTX Mortgage Loans operates in compliance with federal and state lending regulations, including but not limited to:
- Real Estate Settlement Procedures Act (RESPA): Requires disclosure of settlement costs
- Truth in Lending Act (TILA): Requires disclosure of loan terms and costs
- Equal Credit Opportunity Act (ECOA): Prohibits discrimination in lending
- Fair Credit Reporting Act (FCRA): Governs use of credit reports
- Home Mortgage Disclosure Act (HMDA): Requires collection of demographic data
- Secure and Fair Enforcement for Mortgage Licensing Act (SAFE Act): Requires mortgage loan originator licensing
NMLS Information: AKTX Mortgage Loans is registered with the Nationwide Mortgage Licensing System (NMLS) under NMLS ID #2701989. You can verify our license at www.nmlsconsumeraccess.org.
12. Equal Housing Opportunity
AKTX Mortgage Loans is an Equal Housing Lender. We do not discriminate on the basis of race, color, religion, national origin, sex, marital status, age, sexual orientation, gender identity, disability, familial status, or any other protected class under federal, state, or local law.
13. Dispute Resolution and Arbitration
Any disputes arising from these Terms or your use of the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except where prohibited by law. You waive your right to participate in class action lawsuits.
Arbitration shall take place in Houston, Texas. The arbitrator's decision shall be final and binding.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Texas and applicable federal laws, without regard to conflict of law principles.
15. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
16. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices or policies published on the Website, constitute the entire agreement between you and AKTX Mortgage Loans regarding the use of the Website and Services.
17. Termination
We reserve the right to suspend or terminate your access to the Website or Services at any time, without notice, for any reason, including violation of these Terms. Upon termination, your right to use the Services will immediately cease.
18. Contact Information
If you have questions or concerns about these Terms, please contact us:
BY USING THIS WEBSITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.