Terms of Service

1. Agreement to Terms

By accessing and using davidkeysandloans.com (the "Website"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

David Kowal ("Company," "we," "us," or "our") reserves the right to make changes to this agreement at any time. Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes.

2. Use License

Permission is granted to temporarily download one copy of the materials (information or software) on the Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

• Modifying or copying the materials
• Using the materials for any commercial purpose or for any public display
• Attempting to decompile or reverse engineer any software contained on the Website
• Removing any copyright or other proprietary notations from the materials
• Transferring the materials to another person or "mirroring" the materials on any other server
• Violating any applicable laws or regulations
• Accessing or searching the Website by any means other than the Company's publicly supported interfaces

3. Disclaimer

The materials on the Website are provided on an 'as is' basis. The Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Mortgage and Real Estate Disclaimer: Information provided on this Website regarding mortgage rates, loan programs, real estate values, and market conditions is for educational purposes only and does not constitute a loan offer, rate quote, or real estate advice. Actual rates, terms, and loan programs are subject to credit approval and may vary based on individual circumstances.

4. Limitations

In no event shall the Company or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Website, even if the Company or an authorized representative has been notified orally or in writing of the possibility of such damage.

5. Accuracy of Materials

The materials appearing on the Website could include technical, typographical, or photographic errors. The Company does not warrant that any of the materials on the Website are accurate, complete, or current. The Company may make changes to the materials contained on the Website at any time without notice.

Mortgage Calculator Disclaimer: The mortgage calculator on this Website provides estimated payments based on inputs you provide. These estimates are not quotes and do not include all costs associated with a mortgage loan, including but not limited to: origination fees, appraisal fees, title insurance, property taxes, homeowners insurance, HOA fees, and PMI. Actual payments will vary based on credit approval, property location, and final loan terms.

6. Materials and Content

The Company has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the Company of the site. Use of any such linked website is at the user's own risk.

7. Modifications

The Company may revise these Terms of Service for the Website at any time without notice. By using this Website, you are agreeing to be bound by the then current version of these Terms of Service.

8. Governing Law

These Terms and Conditions and any separate agreements we provide to you as part of the Website are governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law provisions.

9. Loan Application and Pre-Approval Terms

9.1 Pre-Approval Process

Pre-approval is not a loan commitment. A pre-approval letter indicates that we have reviewed your financial information and believe you may qualify for a loan amount based on current information provided. Final loan approval is subject to:

• Verification of employment, income, and credit history
• Property appraisal and title review
• Final underwriting approval
• Compliance with all lending guidelines

9.2 Truth in Lending Act (TILA) Compliance

By submitting a loan application, you acknowledge that we will provide you with a Loan Estimate within three (3) business days as required by the Truth in Lending Act (Regulation Z). The Loan Estimate will include:

• Loan amount and term
• Interest rate and Annual Percentage Rate (APR)
• Monthly payment amount
• All fees and closing costs
• Prepayment penalties (if applicable)

9.3 Real Estate Settlement Procedures Act (RESPA) Compliance

We comply with all RESPA requirements, including:

• Disclosure of affiliated service providers
• Prohibition on kickbacks and referral fees
• Provision of Closing Disclosure at least three (3) business days before closing
• Accurate settlement cost estimates

9.4 Fair Lending Compliance

EQUAL OPPORTUNITY LENDER: We are an Equal Opportunity Lender and comply with all applicable fair lending laws including the Fair Housing Act, Equal Credit Opportunity Act (ECOA), and Fair Credit Reporting Act (FCRA). We do not discriminate on the basis of race, color, religion, sex, national origin, familial status, disability, sexual orientation, gender identity, or any other protected characteristic.

Loan approval decisions are based solely on creditworthiness, income, employment history, debt-to-income ratio, credit score, and property value. We do not consider protected characteristics in our lending decisions.

9.5 Right to Comparison Shop

You have the right to shop around and compare loan offers from other lenders. You are not required to use our services. We encourage you to compare rates, terms, and fees from multiple lenders before making a decision.

10. Real Estate Services Terms

10.1 Dual-Licensed Professional Disclosure

David Kowal is a REALTOR® licensed with eXp Realty and a Wholesale Mortgage Loan Officer with NEXA Lending. This means I act in dual capacities as both a real estate agent and mortgage lender. By engaging our services, you acknowledge:

• I may represent you as a buyer's or seller's agent in real estate transactions
• I may also provide mortgage financing services for your purchase
• You are not required to use me as your loan originator
• You are free to comparison shop with other mortgage brokers and lenders
• I will disclose any potential conflicts of interest

10.2 Buyer's Agent Services

As a buyer's agent, I represent your interests in real estate transactions. Services include property search, market analysis, offer preparation, negotiation, and closing coordination. Buyer's agent compensation is typically paid by the seller through the MLS commission split.

10.3 Seller's Agent Services

As a listing agent, I represent the seller's interests in marketing and selling their property. Services include property marketing, buyer showings, offer review, negotiation, and closing coordination. Seller's agent compensation is paid by the seller as agreed in the listing agreement.

10.4 Comparative Market Analysis (CMA)

CMAs provided are for informational purposes only and do not constitute an appraisal. A professional appraisal by a licensed appraiser is required for mortgage lending purposes. CMA values are estimates based on comparable sales data and may not reflect the actual appraised value of your property.

11. User Responsibilities

By using this Website, you agree to:

• Provide accurate and complete information in all forms and applications
• Maintain the confidentiality of any login credentials or account information
• Not use the Website for any unlawful purpose or in violation of any laws
• Not attempt to gain unauthorized access to the Website or its systems
• Not transmit viruses, malware, or any code of destructive nature
• Not engage in any form of harassment or abuse toward Company representatives

12. Testimonials and Reviews

Testimonials and reviews on this Website represent the experiences of individual clients and may not be typical. Results vary based on individual circumstances, market conditions, and other factors. We do not guarantee similar results for other clients. Testimonials are used with permission and may be edited for length or clarity.

13. Limitation of Liability

In no event shall the Company be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if the Company has been advised of the possibility of such damages), arising out of or in connection with your use of or inability to use the Website or services.

14. Contact Information

If you have questions about these Terms of Service, please contact us: