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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS SITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THIS SITE, OR ANY PAGES THEREOF.

GreenPoint Mortgage Funding, Inc. ("GreenPoint") requires all visitors to our site(s) on the worldwide web (the "Site") to adhere to the following Terms and Conditions (the "Agreement").

COPYRIGHT NOTICES Copyright in the Site including the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by Capital One Financial Corporation or one of its subsidiaries unless otherwise indicated. You may not modify, copy, distribute, license, transmit, reproduce, display, transfer, or sell any information, products or services obtained from this Site. The content provided at this Site may vary depending on your browser limitations.

TRADEMARKS GreenPoint and the GreenPoint logo are registered trademarks of Capital One Financial Corp. Capital One Financial Corp. may also claim trademark and service mark rights in other marks contained in the Site. Other featured words and marks, used to identify the source of goods and services, are the trademarks of their respective owners.

WEB CONTENT, PRODUCTS AND SERVICES The information and materials contained in the Site and the terms, conditions, and descriptions that appear therein are subject to change without notice. Not all products or services described on this Site are available in all geographic areas. Your eligibility for particular products and services is subject to final GreenPoint determination. GreenPoint or its suppliers may discontinue or make changes to the information, products or services described herein at any time. Dated information is published as of its date only, and GreenPoint does not undertake any obligation or responsibility to update or change any such information. GreenPoint reserves the right to terminate all Web offerings without prior notice. Investment Products such as securities and insurance products

Are NOT insured by the FDIC; Are NOT deposits or other obligations of any bank; Are NOT guaranteed by any bank; And are subject to investment risks, including possible loss of the principal amount invested.

USE OF INFORMATION PROVIDED BY YOU When you use this Site, the information you enter and the transactions you conduct may be recorded. By using this Site, you consent to such recording. GreenPoint may collect, process and use and allow others to use the information that you provide to us and GreenPoint may also share information regarding the manner in which you use this Site with other persons or entities. GreenPoint reserves the right to store information on your computer in the form of a "cookie" or similar file for purpose of modifying this Site to reflect users' preferences. The foregoing rights are subject to the provisions contained in our Privacy Policy.

CACHING, FRAMING, HYPERLINKS PROHIBITED GreenPoint prohibits caching, unauthorized hypertext links to this Site and the framing of any content available through this Site. GreenPoint reserves the right to disable any unauthorized links or frames and specifically disclaims responsibility for other Internet sites linked to this Site.

LINKS TO OTHER SITES Links to non-GreenPoint websites are provided solely as pointers to information on topics that may be useful to users of the GreenPoint Site, and GreenPoint has no control over the content on such non-GreenPoint websites. The content, accuracy, opinions expressed and other links provided by these resources are not investigated, verified, monitored or endorsed by GreenPoint. If you choose to link to a website not controlled by GreenPoint, GreenPoint makes no warranties, either express or implied concerning the content of such site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does GreenPoint represent or warrant that such site or content is free from any claims of copyright, trademark, or other infringement of the rights of third parties or that such site or content is free of viruses or other contamination. GreenPoint does not guarantee the authenticity of the documents on the Internet. Links to non-GreenPoint sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or service at such sites, or any representation regarding the content at such sites. Other sites may collect data and personal information and operate according to their own privacy practices. You should read the other site's privacy policy before disclosing any information.

NO WARRANTY THE INFORMATION AND MATERIAL CONTAINED IN THIS SITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED "AS IS", "AS AVAILABLE" TO THE USER. GREENPOINT DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS (INCLUDING TYPOGRAPHICAL ERRORS) OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.

LIMITATION OF LIABILITY IN NO EVENT WILL GREENPOINT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THIS SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF GREENPOINT, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

INDEMNIFICATION You agree to indemnify, defend and hold harmless GreenPoint and its suppliers form any liability, loss, claim and expense (including reasonable attorney's fees) related to your violation of this Agreement.

MODIFICATIONS Neither this Agreement nor any enrollment form that may be posted to this Site may in any way be altered by you without GreenPoint's express written agreement. Any attempt by you to alter this Agreement or any enrollment form posted to this Site without GreenPoint's express written consent shall be void and shall have no legal effect. This Agreement is subject to change at any time. Notice of changes shall be made by adding any changes to this document. Unless otherwise stated, changes shall be effective upon posting. You agree to review this Agreement from time to time for changes and updates.

SEVERANCE OF PROVISIONS In the event that any provision of this Agreement is held unenforceable, the validity or enforceability of the remaining provisions will not be affected, and the unenforceable provision will be replaced with an enforceable provision that comes closest to the intention underlying the unenforceable provisions.

APPLICABLE LAW Regardless of where you access this Site, live or work, this Agreement, any information on this Site and, except as otherwise expressly provided for in an account or loan agreement with us and except as otherwise prohibited by applicable law, your relationship with us, will be governed:

By the laws of the State of New York if a dispute arises in connections with information relating to, or your relationship with Capital One Financial Corporation or Capital One Community Development Corp. you also consent to the exclusive jurisdiction of courts in New York in connections with such disputes. By the laws of the State of California if a dispute arises in connection with information relating to, or your relationship with, GreenPoint Mortgage Funding, Inc. You also consent to the exclusive jurisdiction of courts in California in connection with such disputes.

ADDITIONAL TERMS AND CONDITIONS FOR E-POINT USERS e-Point users who access Fannie Mae products ("User") agree to be bound by the terms and conditions of the User Agreement (the "User Agreement") set forth below:

  1. User has read the License Agreementand understands and agrees that it shall be fully obligated to comply with each and every provision of such License Agreement in connection with User’s use of the Licensed Software; provided, however, that if User is an Affiliate, its responsibilities under the section of the License Agreement captioned "Fees, Taxes and Billing" (the "Pricing Terms") shall be limited to the provisions of the applicable rate sheet or posting under the heading "Certain Correspondent-Related Obligations," if Licensee has agreed with Fannie Mae to comply with the other provisions of the Pricing Terms on behalf of User. A complete copy of the License Agreement has been provided to User, if User is a Subsidiary, and a copy of which (excluding the Pricing Terms for which Licensee has assumed responsibility) has been provided to User, if User is an Affiliate.
  2. Licensee agrees that its rights under the License Agreement shall extend to User in connection with User’s use of the Licensed Software. User agrees that the rights under the License Agreement granted to it shall not extend to any third party, including, but not limited to, User's subsidiaries and/or affiliates.
  3. Licensee expressly appoints User as its agent, as that term is defined in the FCRA, in connection with any use of the Licensed Software by User with respect to Mortgage Loan Applications or Prequalification Analyses either: (a) originated by Licensee and/or a Client Lender; or (b) for which Licensee is considering whether it will issue private mortgage insurance.
  4. In connection with the processing and evaluation of Consumer Credit Data by the Licensed Software for purposes of making an underwriting recommendation or performing a Prequalification Analysis (if applicable), User expressly appoints Fannie Mae, as owner of the Licensed Software, as its agent, as that term is defined in the FCRA. As User's agent, Fannie Mae shall, and is hereby expressly authorized by User to, obtain Consumer Credit Data for the sole purpose of performing a Prequalification Analysis and/or making an underwriting recommendation. User also expressly acknowledges, understands and agrees that Fannie Mae’s role as User’s agent shall not extend beyond the limited purposes set forth in this Paragraph 4, and for all other purposes, there shall be no such principal and agent relationship. Moreover, User shall in no way misrepresent to third parties the limited extent of this principal/agent relationship. User further acknowledges, understands and agrees that any recommendation rendered by the Licensed Software in the evaluation of Consumer Credit Data will not constitute an approval or denial of the Mortgage Loan Application by Fannie Mae or a commitment to purchase the loan by Fannie Mae.
  5. If User is an Affiliate, User shall use the Licensed Software for the sole purpose of (i) originating or underwriting mortgage loans intended to be closed by Licensee and/or any Client Lender, or assigned or sold to Licensee and/or Client Lender, and/or (ii) performing Prequalification Analyses for Licensee and/or any Client Lender (to the extent that the performance of Prequalification Analyses utilizing the Licensed Software is permitted under the License Agreement). If User is a Subsidiary, User shall use the Licensed Software only in connection with its own Mortgage Loan Applications and/or Prequalification Analyses and/or those of Licensee and/or any Client Lender (to the extent that the performance of Prequalification Analyses utilizing the Licensed Software is permitted under the License Agreement). If User is a correspondent or mortgage broker, User shall not be permitted to use the Licensed Softwareýs wholesale lending (ýDU wholesaleý) functionality pursuant to this User Agreement.
  6. The parties acknowledge and agree that Fannie Mae is an intended beneficiary of this User Agreement.
  7. This User Agreement shall remain in full force and effect unless otherwise terminated by either party. The parties acknowledge and agree that this User Agreement is subject to the License Agreement and that this User Agreement shall terminate upon termination of the License Agreement by Fannie Mae and/or Licensee. In addition, (i) in the event that User breaches any term or condition of this User Agreement, Licensee may terminate this User Agreement immediately upon written notice to User, and (ii) either party may terminate this User Agreement without cause upon thirty (30) days’ prior written notice to the other.
  8. Upon termination of this User Agreement, User shall be obligated to immediately cease using the Licensed Software, to destroy any copies of the Licensed Software in its possession and return all copies of the Documentation to Licensee. Upon request from Licensee, User shall provide Licensee with written certification of its compliance with the foregoing, executed by a duly authorized officer of User.
  9. If User is an Affiliate, Licensee, and not Fannie Mae, shall be responsible for providing User with (i) software installation support, (ii) first line support with respect to User questions and comments concerning Fannie Mae’s automated underwriting guidelines and policies, including, but not limited to, questions concerning the interpretation and applicability of the Licensed Software’s findings reports and questions relating to Fannie Mae’s "Guide to Underwriting with the Desktop Underwriter," and (iii) appropriate training relating to the use of the Licensed Software and such guidelines and policies.
  10. In the event that there exists an express or implied contradiction between the terms of this User Agreement and the terms of the License Agreement, the terms of the License Agreement shall govern.
  11. This User Agreement may not be assigned by User to any other person(s), firm(s), corporation(s) or other entities without the prior express written approval of Fannie Mae and Licensee.
  12. All notices, requests, demands, and other communications (other than routine operational communications) required or permitted hereunder shall be in writing and shall be deemed to have been received by a party (i) when actually received in the case of hand delivery, (ii) one (1) business day after being given to a reputable overnight courier with a reliable system for tracking delivery, (iii) when sent by confirmed facsimile with a copy sent by another means specified in this paragraph, or (iv) seven (7) days after the date of mailing, when mailed by United States mail, registered or certified mail, return receipt requested, postage prepaid to the general counsel and the recipientýs corporate headquarters. A party may from time to time change its address or designee for notification purposes by giving the other party prior written notice of the new address or contact person and the date upon which it will become effective.
  13. This User Agreement shall be governed by and construed solely and exclusively in accordance with the laws of the District of Columbia, without reference to its conflicts of law principles.
  14. If any of the provisions of this User Agreement are invalid under any applicable statute or law, such provisions shall be deemed to be deleted from this User Agreement to the extent of such invalidity, and the remainder of this User Agreement shall remain in full force and effect.
GreenPoint Mortgage Funding, Inc. and Capital One do not provide, endorse, nor guarantee and are not liable for third party products, services, educational tools, or other information available through this site.

This site provides information about and access to financial services offered by GreenPoint Mortgage, a subsidiary of Capital One, N.A., member FDIC.
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Capital One is a federally registered service mark. All rights reserved.
Copyright © 2001-2007. All rights reserved.
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