PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY
BEFORE USING THIS SITE

YOUR USE OF THIS SITE CONSTITUTES AGREEMENT TO THE TERMS AND CONDITIONS OF THE WEB SITE USE AGREEMENT SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE OR EMAIL SERVICES.  

By accessing this site (including extensions thereof) (the "Site") you are entering into this Web Site Use Agreement ("Agreement") with Southwest Funding, L.P. ("Southwest Funding"), and you agree to be bound by the terms of this Agreement.  If you do not agree to the terms of this Agreement, you must immediately stop use of this Site and Email Services. If you remain on this Site or use Southwest Funding email services, you agree to be bound by this Agreement.

Use of Content
You acknowledge that the Site contains information, software, photographs, audio and video clips, graphics, links and other material that are protected by copyright, trademark or other proprietary rights of Southwest Funding or third parties, including but not limited to product names, logos, designs, titles, and words or phrases which may be registered in certain jurisdictions (collectively, the "Content"). You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Site.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part, without prior express written permission of Southwest Funding.

Access/Failure to Comply
Southwest Funding has the right to terminate, suspend or restrict your access to this Site, unilaterally and without notice, in the event you violate any of the terms of this Agreement. In addition, if asked to do so, you agree that you will not attempt to access this Site.

Southwest Funding also reserves any and all remedies at law or equity in connection with violation of the terms of this Agreement.

Security
Your right to use the Site and other Southwest Funding services is not transferable. You are responsible for protecting the confidentiality of your credentials for access to the Site and other Southwest Funding services (e.g., your username and password) and for complying with any guidelines prescribed by Southwest Funding from time to time to prevent unauthorized access to the Site and other Southwest Funding services. You agree to immediately notify Southwest Funding of any unauthorized use of your password or any other breach of security. Southwest Funding reserves the right to perform one-way encryption of passwords for account maintenance purposes.

Any files containing personal information of a sensitive nature, particularly of a client/borrower, must be password protected with a reasonably secure password. When files are emailed, said password must NOT be included with the file itself. It is suggested, though not required, that any passwords be arranged via another method of communication other than email, or at the very least prearranged in advance of the file being sent. This includes, but is not limited to, Calyx Point files, Microsoft Word documents, Microsoft Excel spreadsheets and PDF documents. Failure to comply could result in serious consequences up to and including possible termination.

Email
The Southwest Funding email service ("Service"), owned and operated by Southwest Funding, is provided to you under the terms and conditions of this Agreement and any operating rules or policies that may be published by Southwest Funding.

You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to you by Southwest Funding, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, you are only permitted to use this Content as expressly authorized by Southwest Funding. You may not copy, reproduce, distribute, or create derivative works from this Service without expressly being authorized to do so by Southwest Funding.

You agree: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service.

The Service makes use of the Internet to send and receive certain messages; therefore, your conduct is subject to Internet regulations, policies and procedures. You will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.

The Service may be monitored for usage, such as: m aintaining the company's professional reputation and image; maintaining employee productivity; preventing and discouraging sexual or other illegal workplace harassment; preventing "cyberstalking" by employees; preventing possible defamation liability; preventing employee disclosure of trade secrets and other confidential information; and avoiding copyright and other intellectual property infringement from employees illegally downloading software, etc

You agree not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited.

You understand that you will be subscribed automatically to applicable company email lists and do not have the right to be excluded. This does not apply to third-party lists.

Indemnity
You agree to indemnify, defend and hold Southwest Funding and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "Southwest Funding Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any Southwest Funding Party in connection with any use or alleged use of the service under your user name by any person, whether or not authorized by you. Southwest Funding reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Southwest Funding defense of such claim.

MISCELLANEOUS
This Agreement shall be construed in accordance with the laws of the State of Texas, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Dallas County in the State of Texas. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. All provisions hereof shall survive any termination of this Agreement as well as any other revisions which by their terms or sense are intended to survive.