The following Terms and Conditions govern your access to and use of myIBMCloan.com (the “Website”), including any content, functionality, and services offered on or through the Website. Throughout this agreement “you” and “your” refer to an Iowa Bankers Mortgage Corporation customer. “We”, “our”, “us”, and “Iowa Bankers Mortgage Corporation” refer to Iowa Bankers Mortgage Corporation. Before you begin using this Website, please read these Terms and Conditions. Through your continued use of the Website, you represent that you have read, understand, and agree to be bound by these Terms and Conditions, as amended from time to time. Our normal “Business Days” are Monday through Friday, exclusive of any holidays as determined by us. We encourage you to print and/or save a copy of these Terms and Conditions for your records.
Iowa Bankers Mortgage Corporation is committed to web accessibility for our valued customers and clients who visit our Website.
Description of Services
The Website offers the following services:
- Online Account Information
- Online Mortgage Payment
- Online Sure-Pay or Autopay (ACH withdrawal) Enrollment
- Online Access to Disclosures, Statements, and/or Notices
The Website may include all of these services; however, some of these services will require that you provide separate consent to receive communications electronically. These services and their limitations are described below.
Iowa Bankers Mortgage Corporation may introduce new features and services to the Website from time to time. We will notify you of any changes to these Terms and Conditions in accordance with the Alterations and Amendments section below.
Hours of Service
In general, you have access to your account twenty-four (24) hours a day, seven (7) days a week. However, some of the features within the Website have processing delays as described below. In addition, at various times, certain Website services may be temporarily unavailable. Balance and transaction information provided on any day will generally be current as of the close of business on the preceding Business Day.
Contact Us; Electronic Mail
Send general questions about the Website to our Customer Service Department at email@example.com. Given the inability to provide ultimate security for email messages, however, we recommend that email NOT be used in connection with any account specific questions. Please do not provide your account numbers in any of these email communications. We will respond to your general questions about the service within one Business Day.
“Cookies”; Use of Information
In addition to the uses described above, we may use your information for purposes as allowed by law such as: servicing; communicating with you; improving our Website, products, or services; legal compliance; risk control; information security; anti-fraud purposes; marketing or personalizing the presentation of our products and services to you; tracking website usage, such as number of hits, pages visited, and the length of user sessions in order to evaluate the usefulness of our sites; and using read-receipt notifications in our email communications.
Accessing the Website; Account Security; Managing Passwords
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website.
- Ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions and comply with them.
To access the Website or some of the resources it offers, or to create an account you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by these Terms and Conditions, and you consent to all actions we take with respect to your information consistent with these Terms and Conditions.
You will establish your Username and Password when you create your account on the Website. Memorize your Password and do not write it down. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You agree that we have no control as to the persons who have access to your accounts through your personal computer. We have no liability for any and all damages resulting from someone using your password or for any unauthorized transfers which may occur as a result of your violation of these Terms and Conditions.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our sole opinion, you have violated any provision of these Terms and Conditions.
We do not knowingly collect personal information from individuals under the age of 18 without obtaining verifiable consent from their parents. We request that such individuals do not provide personal information through our Website. For more information about the Children’s Online Privacy Protection Act (COPPA), visit the FTC website: www.ftc.gov.
Online Account Information
Online Mortgage Payment
- Function. You may make non-recurring mortgage payments online through the Website. You also may enroll for recurring monthly payments (Sure-Pay or Autopay) online through the Website. In either case you are allowing us to debit your bank account. Upon such a request, we will initiate an electronic transfer via the Automated Clearing House (ACH) system from your bank account in the amount that you specify. You agree that such requests constitute your authorization for such transfers. There is a $2.00 fee per ACH draft on Bi-weekly auto payments. The fee will be disclosed when you setup Autopay Bi-weekly payments.
- Account. Each time you make a mortgage payment you must designate the account from which we are to make the payment. The payment account must be a checking account or savings account. No transfers may be made from an account that requires two or more signatures.
- Posting. All transfers completed before the transfer cut-off time on a Business Day will be posted to your account the same Business Day. All transfers completed after the transfer cut-off time to your account will be posted on the next Business Day. The transfer cut-off time is 5:00 p.m. Central Time.
- Insufficient Funds. If there are not sufficient funds to cover your online payment request, you will be responsible for any non-sufficient funds or overdraft charges your financial institution may impose. You further acknowledge that a charge in the amount of $30.00 for each dishonored debit (or a corresponding amount as authorized by your state of residence) will be made in addition to any charges imposed by your financial institution.
- Payment Decline. We will not be obligated to honor, in whole or in part, any payment request which:
- is not in accordance with any term or condition applicable to the relevant bank account;
- has been entered multiple times into the Website;
- we have reason to believe may not be authorized by you or any third person whose authorization we believe is necessary or involves funds subject to a hold, dispute, restriction or legal process we believe prevents their withdrawal;
- is not in accordance with any other requirement of our applicable policies, procedures or practices; or
- we have reasonable cause not to honor for our or your protection.
Online Access to Disclosures, Statements, and/or Notices
You may elect to receive disclosures, statements, notices, and other information and communications regarding your accounts, products, and services (collectively, “Communications”) in electronic format or by electronic means. Online access to these Communications is available to you as a convenience service and will be made available to you upon your consent to receive these Communications electronically.
- Our Liability. Our liability to you is explained in any agreements, notices, and disclosures that we separately provide to you from time to time regarding your relationship with us. This section explains our liability to you only to the extent that our liability has not been separately disclosed to you by any of these agreements, notices, or disclosures. Under no circumstances will we have any liability to you for failing to provide you access or payment services with respect to your accounts. Furthermore, unless otherwise required by applicable law, we will only be responsible for performing those services as expressly stated in these Terms and Conditions, and will only be liable for material losses incurred by you to the extent such losses directly result from our gross negligence or willful misconduct in performing these services. IN NO EVENT WILL WE HAVE LIABILITY FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE, OR INDIRECT LOSS OR DAMAGE WHETHER OR NOT ANY CLAIM FOR SUCH DAMAGES IS BASED ON TORT OR CONTRACT, OR WE KNEW OR SHOULD HAVE KNOWN THE LIKELIHOOD OF SUCH DAMAGES IN ANY CIRCUMSTANCES.
- Indemnification. Except to the extent that we are liable under the terms of these Terms and Conditions or an agreement that otherwise governs your account, if you are an owner of an account, you agree to indemnify and hold us, our directors, officers, employees and agents harmless from all loss, liability, claims, demands, judgments and expenses arising out of or in any way connected with an account or the performance of any services provided by this Website. This indemnification is provided without regard to whether our claim for indemnification is due to the use of this Website by you or your authorized representative.
- Third Parties. Except as specifically provided in this Agreement or where applicable law requires a different result, neither we nor our service providers or other agents will be liable for any loss or liability resulting in whole or in part from any act or failure to act of your equipment or software, or that of an Internet browser provider, by an Internet access provider, by an online service provider or by an agent or subcontractor of any of them, nor will we or our service providers or other agents be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of your access to or use of, or failure to obtain access to the services provided by this Website.
- Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Ownership and Use of Content
All of the information and content on the Website, including but not limited to all text, graphics, software applications, photos and other materials posted on the Website (collectively, “Content”) is owned or licensed by Iowa Bankers Mortgage Corporation and is protected under applicable worldwide copyright laws. You are granted permission to access the Website to view your account information, use various services provided through the Website and to print and/or download individual pages and documents for your own personal, non-commercial use. You may not alter the Website or the content of any information contained within it and/or printed or downloaded from it in any way. Any violation of these Terms and Conditions may result in immediate termination of your privilege to use the Website, and you must, at our option, return or securely destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Iowa Bankers Mortgage Corporation. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.
You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Iowa Bankers Mortgage Corporation or users of the Website or expose them to liability.
- In any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- To introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- To otherwise attempt to interfere with the proper working of the Website.
Alterations and Amendments
Except as otherwise required by law, rule or regulation, these Terms and Conditions may be altered or amended by Iowa Bankers Mortgage Corporation from time to time and without prior notice. In such event, the revised version of these Terms and Conditions will be posted on the Website. Your continuing use of the Website constitutes your acceptance of any change or update, all of which will be effective as of the date the revised version is posted.
Geographic Restrictions; Governing Law
The owner of the Website is based in the state of Iowa in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
ALL MATTERS RELATING TO THE WEBSITE OR THESE TERMS AND CONDITIONS AND ANY DISPUTE OR CLAIM ARISING THEREFROM OR RELATED THERETO SHALL BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE LAWS OF THE STATE OF IOWA, WITHOUT REGARD TO THE PROVISIONS THEREOF RELATING TO CHOICE OR CONFLICTS OF LAW.
Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Iowa in each case located in the City of Des Moines and County of Polk. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Termination or Discontinuation
In the event you wish to terminate your logon for the Website, please contact us at phone 1-800-873-9667 or by mail at 8901 Northpark Drive, PO Box 6220, Johnston IA 50131. We reserve the right to terminate or restrict your use of all or any part of the Website, without notice, for any or no reason, and without liability to you or anyone else. If we terminate your access, we will mail such notice of termination within 3 business days to you at your mailing address as shown on our records. Termination or restriction of use will not affect any obligations to Iowa Bankers Mortgage Corporation that are outstanding as of the date of termination or restriction.
By accessing myIBMCloan.com you are agreeing to our Terms and Conditions and you are agreeing to accept delivery of the Terms and Conditions electronically. In addition, a hard copy of these Terms and Conditions may be obtained by calling us at 1-800-873-9667.