Terms and conditions
Effective as of July 2, 2021
Any new features, tools or modules that may be added to the CS Materials will be subject to these Terms and Conditions. You can review the most current version of the Terms and Conditions at any time from the “Legal” link. Freddie Mac reserves the right to update, change or replace any part of the CS Materials and/or these Terms and Conditions by posting updates and/or changes on the CS Materials webpage. Your continued use of or access to the CS Materials following the posting of any changes constitutes acceptance of those changes.
Freddie Mac (also referred to as “we”, “us” or “our”) provides tools, services and information through the CS Materials to support and assist you in educating yourself in financial capability, getting you mortgage ready and preparing you for homeownership.
Freddie Mac reserves the right at any time to modify, alter or discontinue, whether temporarily or permanently, in whole or in part, the services available under the CS Materials, the CS Materials itself, or any part of either or both with or without prior notice and Freddie Mac will not be liable to you or to any third party for any such modification, suspension, or discontinuance.
You understand and agree that CreditSmart® is purely an educational tool and neither Freddie Mac nor CreditSmart® provides financial advice, accepts loan applications, makes credit decisions or can approve you for any type of loan.
Ownership and Use
CreditSmart® and the CS Materials are the sole and exclusive property of Freddie Mac. You acknowledge that you have and will receive no ownership or other rights in the CS Materials, except to the extent of the rights expressly granted in these Terms and Conditions, and you agree that you will treat all nonpublic information and data concerning the CS Materials as strictly confidential. You may use the CS Materials only in accordance with these Terms and Conditions. In order to access the CreditSmart Essentials, CreditSmart Coach or CreditSmart Homebuyer U, you must first register on the CreditSmart website. You agree to use the CS Materials solely for personal, non-commercial use in accordance with these Terms and Conditions.
You agree that you will not modify, enhance, disassemble, or reverse engineer any parts of the CS Materials in any manner or for any reason. All rights in and to copyrights, trade secrets, patents, trademarks and other rights in and to the CS Materials shall be our property and shall remain with us (or, as applicable, our third-party licensors). You further agree that we are the sole and exclusive owner of any actual or proposed changes, modifications, upgrades, feedback, or enhancements in or regarding the functionality, design, or otherwise pertaining to the CS Materials and any successor products or systems.
The data and information that you enter into the CS Materials in “My Notebook”, the CreditSmart® Digital Notebook, remains your property; however, you acknowledge and agree that we will collect this information and may use, modify, reproduce and retain all information and data that is submitted to the CS Materials by you or your authorized third party, or generated in the utilization of the CS Materials, in connection with the purposes of the CS Materials and the services it provides to you. We may also use your anonymized information and data in connection with the refinement of the CS Materials and for modeling purposes. Any information entered into the calculators contained in the CS Materials and any results of those calculations will not be captured or retained by the CreditSmart website or by Freddie Mac.
The CS Materials may also capture information about your computer or mobile device and your usage of the CS Materials, including location, session duration and similar data, to help refine the CS Materials. This information will be kept confidential and will not be shared. By using the CS Materials, you agree to this collection, capture and use of this information.
Any information, data, and documents obtained by the CS Materials from you or from a third party will be not be shared in any identifiable manner except as permitted by these Terms and Conditions. We may share CS Materials, system data and anonymized, aggregate user data with our regulator and conservator, the Federal Housing Finance Agency (the “FHFA”), or any agency of the federal government or any state government upon their request. You hereby agree to the information sharing and disclosure set forth in this section. When using the CreditSmart® Digital Notebook, we recommend that you not include any private, personal financial information for your own privacy and security.
If you use the CS Materials on your computer or mobile device (collectively, your “Device”), you are responsible for maintaining the confidentiality and security of your account and password or other log-in credentials and information, and for restricting access to your Devices. You agree to be responsible for third-party access to your account that results from theft or misappropriation of your account credentials. You should not use login credentials for the CS Materials that you use for other sites or applications. You are responsible for ensuring that you do not use the CS Materials over a Wi-Fi or other network that is not secure. Freddie Mac reserves the right to refuse, suspend, or cancel service or to suspend or terminate accounts in our sole discretion.
Visiting the CS Materials, entering data into the CS Materials, or sending emails constitute electronic communications. You hereby consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide you electronically by email, through your Device, and on the CS Materials satisfy any legal requirement that the communication be in writing.
Your information, data, and documentation will remain confidential and its use and sharing will be restricted as addressed in these Terms and Conditions. Freddie Mac takes precautions to protect your information. When you submit sensitive information to the Digital Notebook, your information is protected both online and offline. Whenever we collect sensitive information, that information is encrypted by the CS Materials and transmitted to us in a secure manner.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job related to the purpose for which you provided it (for example, customer service) are granted access to personally identifiable information. The computers and servers in which we store personally identifiable information are kept in a secure environment. This is all done to reduce the chance of any loss, misuse, unauthorized access, disclosure or modification of the personal information that we have.
Use of Mobile CS Materials and Your Agreement to Related Charges
The CS Materials are available for computers and mobile devices. By using the CS Materials, providing data, sending and receiving notifications and other communications, as well as making use of other CS Materials features and services, you may incur cellular and data-related charges from your mobile service provider. You understand and agree that you are solely responsible for such costs and charges and will be obligated to pay any such charges and costs related to the use of the CS Materials.
Co-Branded Sites/Links to Third-Party Sites and Third-Party Services
The CS Materials may be co-branded with a third party on a third-party website (the “Co-branded Sites”). The Co-branded Sites are not under our control and Freddie Mac is not responsible for the content or services of any Co-branded Site (including any link contained in a Co-branded Site). The CS Materials are co-branded as a convenience to certain third parties and the inclusion of the co-branded CS Materials on the third-party site does not imply our endorsement of the site or any association with its operators. Use of the co-branded Sites will be governed by the terms and conditions and privacy policies of those sites.
Certain services made available through the CS Materials may be performed or delivered by third-party service providers acting as our agent. By using any product, service or functionality originating from the CS Materials, you hereby acknowledge and agree that Freddie Mac may share your information and data with any third party with whom Freddie Mac has a contractual relationship to provide the required product, service or functionality on your behalf.
Changes to Terms and Conditions
Freddie Mac reserves the right, in its sole discretion, to modify, amend or update the Terms and Conditions under which the CS Materials are offered. The most current version of the Terms and Conditions will supersede all previous versions. You agree to review the Terms and Conditions on the CS Materials to stay informed of our updates. You should not access or use the CS Materials unless you agree to the revised Terms and Conditions.
Intellectual Property Rights
You understand and agree that all of the trademarks, copyright, trade name, service marks, and other logos, and any brand features and/or product and service names are trademarks of Freddie Mac and as such, are and shall remain our property. You agree not to display and/or use in any manner such logos or marks without obtaining our prior written consent.
Warranty Disclaimers; Limitation of Liability
The CS materials are provided on an “as is” and “as available” basis, and all uses of the foregoing are at your sole risk. Freddie Mac, and any subsidiaries, affiliates, officers, employees, agents, partners and licensors, make no, and specifically disclaim all, representations or warranties with respect to any data or other information obtained, provided or transmitted through the CS materials, including, without limitation, any data or other information provided by you, provided by any third party about you, or contained in a consumer report or other third-party report. All warranties of any kind (both express and implied) concerning the CS materials are hereby expressly disclaimed, including any warranties of title, merchantability, accuracy and/or fitness for a particular purpose. No advice, information, communication or output generated by or through the CS materials shall be interpreted or construed as giving rise to an agreement or obligation of any kind on the part of any party, including an agreement to originate a mortgage loan to you, nor shall they create any warranty not expressly stated in these terms and conditions.
Freddie Mac, and any subsidiaries, affiliates, officers, employees, agents, partners and licensors make no such warranties that: (i) the CS materials will meet your requirements; (ii) services shall be uninterrupted, timely secure, or error-free or free of malicious information, code or commands; (iii) such results which may be obtained from the use of the CS materials will be accurate, or reliable; (iv) the quality of any products, services, any information or other material that may be purchased or obtained by you through, or resulting from your use of, the CS materials will meet your needs or expectations; (v) any errors in the CS materials will be corrected; and (vi) we will update or continue to offer the CS materials.
Any information or material downloaded or otherwise obtained by way of the CS materials shall be accessed at your sole discretion and sole risk, and as such you shall be solely responsible for, and hereby waive any and all claims and causes of action with respect to any damage to your computer, mobile device, and/or internet access, downloading and/or displaying, or for any loss or corruption of data that could result from the download of any such information or material.
Limitation of Liability
Notwithstanding anything to the contrary on the CS materials or in these terms and conditions, you explicitly acknowledge, understand and agree that Freddie Mac, and any subsidiaries, affiliates, officers, employees, agents, partners and licensors will have no liability to any user or any other individual or entity (collectively, “third parties”) for indirect, incidental, special, punitive or consequential or exemplary damages of any type whatsoever, including, without limitation, loss of profits, goodwill, use, data, and /or other intangible losses, arising out of or relating in any manner whatsoever to the CS materials, or any use thereof, whether under a contract, tort or any other theory of liability, even if Freddie Mac or any third party is aware of the possibility of such damages. Freddie Mac, and any subsidiaries, affiliates, officers, employees, agents, partners and licensors, will have no liability to any third party for any claims arising out of or relating to the CS materials, or any use of or inability to use the CS materials, the cost of procuring substitute services, unauthorized access to or the alteration of your transmission and/or data, statements or conduct of any third party on or using the cs materials, and any other matters related to the CS materials.
No data transmissions over the internet, WiFi, telecommunications or other network can be guaranteed to be 100% secure. We cannot and do not guarantee or warrant the security of the CS materials or the services, or the prevention from loss of, alteration of, or improper access to, any data or information you transmit to us and you do so at your own risk.
If any provision of these Terms and Conditions is illegal or unenforceable under law, the remainder of the provision(s) will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect; provided, however, that if any material term or provision of this Agreement is invalid, illegal, or unenforceable, the remainder of this Agreement shall be unenforceable.
Term and Termination
The term of these Terms and Conditions begins the earliest of when you access, or use the CS Materials, or agree to these Terms and Conditions and will continue in effect until terminated by Freddie Mac or you. You may terminate the Terms and Conditions by deleting the CS Materials and all copies thereof from your device. Freddie Mac may terminate these Terms and Conditions and the CS Materials in its sole discretion at any time without notice.
These Terms and Conditions are governed by and construed in accordance with the internal laws of the Commonwealth of Virginia without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms and Conditions or the CS Materials shall be held in, and you irrevocably submit to the jurisdiction and venue of, that Court.