Privacy Policy

Last Updated: August 27, 2008

FRESH START Mortgage Solutions is committed to protecting the privacy of your information. We recognize that privacy is of utmost importance, and operate our company with protecting your sensitive personal information in mind. This privacy policy ("Privacy Policy") outlines the type of information we gather, its uses and steps we take to safeguard it.

Data Collection

The following principles apply to the personally identifying information we ask for and that you provide. e-Mortgage-Solutions.com collects personally identifying information from you including, but not limited to: Name, Last Name, Co-Applicants Name, City, State, Address, Zip Code, Work Phone, Home Phone, House Type, Current Value, Loan Amount Desired, 1st Mortgage Balance, Current Interest Rate, whether your rate is Fixed or Adjustable, Current Payment, Are you Behind on Payments, Credit Rating, Place of Employment, Years Employed, Yearly Income, Best Time to Call, Loan Desired and Email Address when you:

Apply for a loan modification
Contact FRESH START Mortgage Solutions with questions or comments

We may sell your personal information to third parties other than our business partners and affiliates as described later in this Privacy Policy. We treat all the information you provide to us as non-public.

Technical Data

We gather technical information about your machine through your web browser such as your IP address, operating system, browser type and referring URL.

Cookies

A cookie is a small text file that is stored on a user's computer for tracking purposes. We use persistent cookies to store a session ID to represent your machine during your first, and each subsequent visit to our website. We use cookies to improve the quality of our service and to better understand how people interact with our website. If you choose to disable cookies, you may still be able to access most of the e-Mortgage-Solutions.com website. These cookies are not tied to your personal information.

Optional Information

When you access the FRESH START Mortgage Solutions website, we may give you the option of submitting general information such as the type of home you own and your general credit rating, for purposes of providing financial products and services which may be of value to you.

Third Party Information Sharing

FRESH START Mortgage Solutions is a leading financial services portal, committed to helping our users find the lowest-cost, most reputable mortgage, credit and insurance services available both offline and online. We have many satisfied customers throughout the nation.

FRESH START Mortgage Solutions collects information from new and existing customers at various points throughout our website. Only with your consent, we may share this information to work with trusted third party business partners who may contact you to subscribe to or use their products. We work with various trusted companies in the loan, insurance and credit industries. Trusted companies are companies defined as adhering to our strict agreements and protect your personal information from distribution, loss, theft and misuse.

Opt-Out

FRESH START Mortgage Solutions provides users the ability to opt-out of receiving communications from us. If you wish to cease future communications or wish to no longer receive our services, you can opt-out by any of the following means:

Send an e-mail to info@freshstart-mortgagesolutions.com
Send mail to: Empire E-Marketing, Attn: Opt-Out, 4721 E. Abraham Lane, Phoenix, AZ 85050

To opt-out of communications from the lender/broker assigned to provide the service you requested, please contact them directly.

Data Retention

FRESH START Mortgage Solutions stores your information for no less than 1 year from the time of initial submission of personal information, as well as automated personal information we collect about you.

Contact for Privacy Related Issues

If you have any questions on our Privacy Policy, or would like your previously submitted information modified or removed, you can contact us through the web by visiting Customer Service at: http://www.freshstart-mortgagesolutions.com/contact.html. You can also email us at info@freshstart-mortgagesolutions.com, or send mail to: Empire E-Marketing, Attn: Privacy, 4721 E. Abraham Lane, Phoenix, AZ 85050

Privacy Policy Changes

This Privacy Policy may change, from time to time, due to changes on our website, legal developments, business factors and ever-changing technology. Notifications to changes of our Privacy Policy will be posted on our website, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our homepage.

Disclosures of Personal Information

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Web site.

Please read this agreement ("Agreement") carefully before accessing or using this Website ("Site").

The FRESH START Mortgage Solutions Web site ("FRESH START Mortgage Solutions" or "Site") is available to you contingent upon your acceptance, without modification, of the terms and conditions contained herein. Please read them before using this Site. Your use of the Site constitutes your agreement to all such terms and conditions and is subject to the additional disclaimers and notices that may appear through the Site. If you do not agree to all of the terms and conditions, please a) do not use this site, or b) call us toll-free at (866) 857-4798 to express your concerns.

FRESH START Mortgage Solutions reserves the right, in its sole discretion, to modify, alter or otherwise update the terms of use at any time. Any modification shall become effective immediately upon posting. By using this Site after posting such modifications, you agree to be bound by such revised terms.

1. DISCLAIMER OF WARRANTIES

THIS WEB SITE, ALL INFORMATION ON THIS WEB SITE AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THIS WEB SITE ARE PROVIDED "AS IS". FreshStart-MortgageSolutions.com AND/OR ITS PARTICIAPTING LENDERS/BROKERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY SERVICES AND PRODUCTS OFFERED HEREIN, INCLUDING WITHOUT LIMITATION TO THE IMPLIED WARRANTIES OF MERCHANTABLILTIY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. FreshStart-MortgageSolutions.com DOES NOT WARRANT THAT THE INFORMATION ON THIS FreshStart-MortgageSolutions.com SITE WILL BE ERROR FREE OR THAT THIS SITE WILL OPERATE UNINTERRRUPTED. IF THE FOREGOING IMPLIED WARRANTIES ARE LIMITED IN YOUR JURISDICTION, THOSE EXCLUSIONS MAY NOT APPLY TO YOU, HOWEVER ALL OTHER DISCLAIMERS AND LIMITATIONS NOTED ABOVE, SHALL CONTINUE TO REMAIN APPLICABLE.

2. LIMITATION OF LIABLITY

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. FreshStart-MortgageSolutions.com AND/OR ITS PARTICIPATING LENDERS/BROKERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, WHETHER RESULTING IN WHOLE OR IN PART, EVEN IF FreshStart-MortgageSolutions.com HAS BEEN ADVISED OF THE POSSIBLITY OF DAMAGES. Some jurisdictions do not allow the disclaimer, exclusion or limitation of incidental or consequential damages, so the foregoing disclaimer, exclusion and limitation may not apply to you, and you may have other legal rights that vary according to jurisdiction. In no event will damages provided by law (if any) apply unless they are required to apply by statute, notwithstanding their exclusion by contract.

3. INDEMNIFICATION

You agree to indemnify and hold FreshStart-MortgageSolutions.com, its subsidiaries, affiliates, agents, shareholders, officers, contractors, vendors and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, the violation of the Agreement by you, or the infringement by you, or any other user of the Service using your computer, of any intellectual property or other right of any person or entity. FreshStart-MortgageSolutions.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

4. WEBSITE ACCURACY

It is the intent of FreshStart-MortgageSolutions.com to ensure that all of the information contained on this Site is accurate and reliable. However, FreshStart-MortgageSolutions.com does not guarantee the FreshStart-MortgageSolutions.com Web site to be error free all of the time. Due to market fluctuations, interest rates are subject to change at any time and without notice. FreshStart-MortgageSolutions.com reserves the right to change or discontinue at any time any aspect or feature of this Site. By your use of this Site, you agree to hold FreshStart-MortgageSolutions.com and its participating lenders/brokers harmless due to any and all errors on the Site.

5. THIRD PARTY LINKS

This FreshStart-MortgageSolutions.com Site contains links to other Web sites owned and maintained by third parties. Such links are provided for your convenience only. FreshStart-MortgageSolutions.com does not own, operate or endorse the services or products offered available on these third party Web sites. Your use of such third party Web sites is solely at your own risk.

6. COPYRIGHT, TRADEMARK AND SERVICEMARK NOTICES

This Site is owned and operated by The Stull Corporation. Unless otherwise specified, all materials appearing on this Site, including design, text, graphics, logs, images, icons, interfaces and selection, assembly and arrangement thereof are the sole property of The Stull Corporation and/or its suppliers, participating lenders and brokers. All rights reserved. Other product and company names noted herein, including but not limited to the names of participating lenders and brokers may be trademarks of their respective owners. Permission is granted to electronically copy and to print hard copy portions of this Site for the sole purpose of placing an inquiry or request with FreshStart-MortgageSolutions.com for products or services on this Site. Any other use of materials on this Site, including but not limited to, reproduction for purposes other than those noted above, modifications, transmission, display, distribution, replication, creating derivative works from, and framing another Web page is strictly prohibited without the prior written permission of The Stull Corporation.

7. APPLICABLE LAW

This Site (excluding linked sites) is controlled by FreshStart-MortgageSolutions.com which is headquartered in the State of Arizona, United States of America. This Site can be accessed from all 50 states and the District of Columbia, as well as other countries around the world. As each of these places has laws that may differ from those of Arizona, by accessing this Site, both you and FreshStart-MortgageSolutions.com agree that the statutes and laws of the State of Arizona, without regard to conflicts of laws and principles thereof, will apply to all matters arising from or relating to the use of this Site. You agree that regardless of any statute to the contrary, any claim or cause of action arising out of or related to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

8. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and FreshStart-MortgageSolutions.com and supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and FreshStart-MortgageSolutions.com with respect to this Site and any information associated with it. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers, liability limitations and the indemnification provision set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of this Agreement shall continue in effect.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY FreshStart-MortgageSolutions.com.

PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.