Terms of Service

Last Updated: November 21, 2025

Welcome to Darrel Kelley Mortgage Services. These Terms of Service ("Terms") govern your use of our website and services. By accessing our website or using our services, you agree to be bound by these Terms. Please read them carefully.

1. Acceptance of Terms

By accessing or using our website (darrelkelley.com) and services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. These Terms constitute a legally binding agreement between you and Darrel Kelley Mortgage Services.

2. Services Description

Darrel Kelley Mortgage Services provides mortgage refinancing consultation and related services, including but not limited to:

• Mortgage refinancing analysis and recommendations
• Rate comparison and evaluation
• Application assistance and guidance
• Financial consultation related to mortgage refinancing
• Connection with lending institutions and service providers

3. Eligibility and Qualifications

To use our services, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Provide accurate, current, and complete information
• Own or have a legal interest in the property for which you're seeking refinancing
• Not be prohibited by law from using our services

4. No Guarantee of Approval or Rates

Rates and terms discussed during consultation are estimates and may change based on:

• Market conditions and interest rate fluctuations
• Your credit profile and financial situation
• Property appraisal and title review
• Lender-specific requirements and policies
• Government regulations and compliance requirements

5. User Responsibilities

When using our services, you agree to:

• Provide truthful, accurate, and complete information
• Update your information promptly when it changes
• Respond to requests for additional documentation in a timely manner
• Review all documents carefully before signing
• Maintain the confidentiality of any account credentials
• Notify us immediately of any unauthorized use of your account
• Comply with all applicable federal, state, and local laws

6. Fees and Payments

Our initial consultation is provided free of charge. However:

• Lenders may charge various fees including application fees, origination fees, appraisal fees, title fees, and closing costs
• All fees will be disclosed to you before you proceed with any application
• We may receive compensation from lenders or service providers as permitted by law
• Fee structures and compensation arrangements will be disclosed in accordance with applicable regulations

7. Intellectual Property

All content on our website, including but not limited to text, graphics, logos, images, videos, software, and design elements, is the property of Darrel Kelley Mortgage Services or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not:

• Copy, reproduce, or distribute our content without written permission
• Modify or create derivative works based on our content
• Use our content for commercial purposes without authorization
• Remove or alter any copyright, trademark, or proprietary notices

8. Privacy and Data Protection

Your use of our services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. We collect, use, and protect your personal information in accordance with applicable privacy laws and our Privacy Policy.

9. Communications

By using our services, you consent to receive communications from us, including:

• Email correspondence regarding your refinancing inquiry
• Phone calls and text messages (if you provide your phone number)
• Updates about your application status
• Marketing communications (you may opt out at any time)
• Service-related announcements

10. Third-Party Services and Links

Our website may contain links to third-party websites or services, including lenders, credit bureaus, and other financial service providers. We are not responsible for:

• The content, accuracy, or practices of third-party websites
• Products or services offered by third parties
• Privacy policies of external websites
• Actions or omissions of third-party service providers

Your interactions with third parties are solely between you and the third party.

11. Disclaimers and Limitations of Liability

No Professional Advice

The information provided through our services is for general informational purposes only and should not be construed as legal, tax, or financial advice. You should consult with appropriate professionals before making financial decisions.

Service "As Is"

Our services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

Limitation of Liability

To the fullest extent permitted by law, Darrel Kelley Mortgage Services shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising from:

• Your use or inability to use our services
• Loan denial or unfavorable refinancing terms
• Errors or omissions in content or services
• Actions of third-party lenders or service providers
• Unauthorized access to your information

12. Indemnification

You agree to indemnify, defend, and hold harmless Darrel Kelley Mortgage Services, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of any third-party rights
• Inaccurate or fraudulent information you provide

13. Termination

We reserve the right to terminate or suspend your access to our services at any time, without notice, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent or illegal activity
• Provision of false or misleading information
• Abusive or inappropriate conduct

You may terminate your use of our services at any time by contacting us and ceasing to use our website and services.

14. Governing Law and Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which services are provided, without regard to conflict of law principles.

Dispute Resolution

Any disputes arising out of or relating to these Terms or our services shall be resolved through:

1. Informal Negotiation: First by contacting us to attempt to resolve the dispute informally
2. Mediation: If informal resolution fails, through mediation
3. Arbitration or Litigation: If mediation is unsuccessful, through binding arbitration or litigation as appropriate

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our website with a new "Last Updated" date
• Sending notice via email (if you've provided an email address)

Your continued use of our services after changes become effective constitutes acceptance of the modified Terms.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Darrel Kelley Mortgage Services regarding your use of our services and supersede all prior agreements and understandings.

18. Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

19. Contact Information

If you have questions, concerns, or disputes regarding these Terms, please contact us:

20. Legal Compliance

Our services comply with applicable federal and state regulations, including:

• Truth in Lending Act (TILA)
• Real Estate Settlement Procedures Act (RESPA)
• Equal Credit Opportunity Act (ECOA)
• Fair Housing Act
• Gramm-Leach-Bliley Act (GLBA)
• State-specific mortgage lending and brokering regulations
• NMLS (Nationwide Multistate Licensing System) requirements