Terms of Use

YOUR USE OF THE WEBSITE AND SERVICES
1. Terms Governing Website Use. By visiting, accessing or using this web site, including any content, downloads, information, functionality, products or services offered on or through the Flagstar websites that are located on the flagstar.com domain, the dcbk.org domain, the opesadvisors.com domain or our mobile applications (collectively, “Website”), you acknowledge and agree to: (a) be bound by and comply with (i) the following terms and conditions (“Terms”), (ii) the terms and conditions as stated in our privacy statement available here (“Privacy Statement”) and (iii) any additional terms and conditions or agreements applicable to any products or services offered by Flagstar Bank, FSB (“Flagstar”) or its affiliates and used by you ( “Additional Agreements”); (b) use any information, communications or advice (whether expressed, implied, oral or written), material, content, resources, services, products (including software), and tools the Flagstar Persons (as defined below) provide or make available to you, either directly or indirectly (“Services”) only for the purposes permitted by these Terms and applicable laws and regulations (“Laws”) and generally accepted online practices and guidelines; (c) accurately furnish all contact and other information requested by us and notify us immediately of any change in such information; (d) not use the Website or the Services in any manner that could harm: (i) Flagstar, (ii) Flagstar’s affiliates and subsidiaries, and (iii) the parent companies, brands, business partners, agents, directors, officers, managers, employees, contractors, content providers, merchants, sponsors, licensors, and service providers of Flagstar and its affiliates and subsidiaries (collectively, the “Flagstar Persons”) or any other entity or person; and (e) comply with any other reasonable requirements or restrictions requested or imposed by us. If you do not agree to these Terms, you may not access, visit or otherwise use this Website or the Services.
  
  As used in these Terms, the terms “we,” “us,” and “our” refer collectively to Flagstar and the word “you” refers to you individually and, if you are using the Website on behalf of your company, your company.
2. Prohibited Uses. You acknowledge and agree that you are prohibited from using the Website and the Services in any way that:
  1. is unlawful, threatening, violent, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, tortious, indecent, vulgar, profane, obscene, or in a manner that Flagstar deems in its sole discretion to be inappropriate;
  2. violates any Laws;
  3. accesses, collects or stores personal information about others;
  4. violates or infringes the rights of anyone else, including, for example, another person’s right to privacy or intellectual property rights of Flagstar Persons or a third party;
  5. impersonates any person, business, entity, or IP address (e.g., IP spoofing);
  6. involves uploading, posting, emailing, transmitting or otherwise making available any materials that you do not have a right to make available under any Law;
  7. constitutes data mining, data gathering, data extraction, advertising, marketing or promotional activities, or involves spam, phishing or other unsolicited messages;
  8. misuses, reproduces, duplicates, copies, sells, resells, makes any derivative use of, or otherwise exploits any information, material, software, products, the Website or Services for any commercial purpose without prior, express written consent of Flagstar;
  9. uses any meta tags or any other “hidden text” utilizing any Flagstar Person’s name or trademarks without the prior, express written consent of such Flagstar Person;
  10. gains or tries to gain unauthorized access to the Services, Website, associated computers and networks, or user data, or that otherwise modifies or interferes with the use or operation of the Website or the Services;
  11. gains or tries to gain unauthorized access to any software contained in the Website or the Services, including by reverse engineering software or installing software not approved by Flagstar;
  12. imposes an unreasonable or disproportionately large load on any Flagstar Person’s infrastructure, including but not limited to transmitting spam or using other unsolicited mass emailing techniques;
  13. alters, damages, or deletes any materials or content provided by Flagstar;
  14. frames or utilizes framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of any Flagstar Person without prior, express written consent of such Flagstar Person;
  15. uploads, transmits or shares with the Website or the Services any computer viruses or other disruptive, damaging or harmful files or programs; or
  16. otherwise violates these Terms or any other guidelines or policies provided by Flagstar, including the Privacy Statement and any other Additional Agreements.
3. Available Only Where Permitted by Law. The information provided on this Website is not intended for distribution to, or use by, any person in any jurisdiction where such distribution or use would be contrary to applicable Laws. You agree not to visit, access or attempt to visit or access the Website from any country under sanctions by the Office of Foreign Assets Control (OFAC) or any other country where such use would be contrary to applicable Laws. Information regarding which countries are under sanctions may be obtained on the U.S. Department of the Treasury website.

WEBSITE CONTENT AND MATERIAL
1. Modifications. We reserve the right to change these Terms from time to time without notice. You acknowledge and agree that it is your responsibility to review these Terms on the Website periodically to familiarize yourself with any changes to these Terms (“Updated Terms”). Such changes to these Terms shall be effective immediately upon posting to the Website. If there is a conflict between these Terms and any future Updated Terms, the Updated Terms will control over these Terms. Your inaction or continued use of the Website or the Services, including logging into an applicable account after Updated Terms are posted to the Website, will constitute your agreement to the Updated Terms.
2. Additional Terms. Certain sections or pages of this Website may contain separate terms and conditions, which are in addition to these Terms. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
3. Website Information. Information contained on this Website is not intended as an offer or solicitation for the purchase of Flagstar Bancorp Inc.’s stock or any other security or financial instrument. Securities (including mutual funds), annuities and other insurance products are not bank deposits and are not insured by the Federal Deposit Insurance Corporation (FDIC) nor any other agency of the United States. Securities (including mutual funds), annuities and other insurance products involve investment risk, including the possible loss of value.
4. Availability of Services. Not all Services offered on the Website are available in all geographic locations. Your eligibility for certain Services may depend on a final determination by Flagstar.
5. Consent to Data Transfer. You acknowledge that Flagstar may disclose and transfer any information that you provide through this Website (i) to any affiliate or any Flagstar Persons; (ii) to any other person or entity in accordance with the Privacy Statement; or (iii) to comply with laws and regulations, legal investigations, contractual obligations, and our own internal policies; and (iv) as otherwise described in the Privacy Statement. You consent to the transmission, transfer or processing of such information to, or through, any country in the world, as we deem necessary or appropriate, and by using and providing information through this Website you agree to such transfers. Use of this Website, including any patterns or characteristics concerning your interaction with it, may be monitored, tracked and recorded, as further described in the Privacy Statement. Anyone using this Website expressly consents to such monitoring, tracking and recording.
COMPLIANCE WITH TERMS
You are responsible for not only your own compliance with these Terms but also for the compliance of all users of your Flagstar account, whether or not authorized by you. You agree to make all other users of your Flagstar account aware of these Terms and subject to these Terms. You are solely responsible for the use of the Services related to your Flagstar account, even if you are not the one using the Services and even if you claim later that another person’s use was not authorized.

OWNERSHIP OF INTELLECTUAL PROPERTY
As between you and Flagstar Persons, Flagstar Persons (and each of their respective successors and assigns) own the patents, copyrights, trademarks, service marks, trade dress rights and all other proprietary or intellectual property rights to all components of the Services and the Website (collectively referred to as “Intellectual Property”). You may not reproduce, modify, create derivative works from, display, frame, perform, publish, distribute, disseminate, transmit, broadcast or circulate any such components to any third party (including displaying or distributing such components using a third party website) without Flagstar’s express, prior written consent. Flagstar and the other Flagstar Persons retain all rights that are not otherwise expressly granted in these Terms.

LINKS
Flagstar has not reviewed all of the sites linked to the Website (which may or may not be affiliated with the Website or Flagstar) and is not responsible for the content, reliability or accuracy of any such linked site. Flagstar offers third party links for your convenience and any such third party link on the Website does not imply endorsement by Flagstar of such link or the content available at such link (including additional sites linked to the site at such hyperlink). Moreover, Flagstar does not monitor or investigate any linked third party website for its accuracy or reliability. USE OF ANY SUCH LINKS, SITES, OR CONTENT (COLLECTIVELY, “LINKED SITES”) IS AT YOUR OWN RISK, AND YOUR ACCESS TO SUCH SITES IS GOVERNED BY THE TERMS OF USE AND POLICIES OF SUCH SITES, AND SHALL NOT BE GOVERNED BY THESE TERMS. IN NO EVENT SHALL FLAGSTAR BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OF ANY LINKED SITES.

LIMITATIONS OF LIABILITY
1. WAIVER AND RELEASE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, YOU HEREBY WAIVE AND RELEASE THE FLAGSTAR PERSONS FROM LIABILITY FOR ANY AND ALL LOSSES, LIABILITIES, DAMAGES (INCLUDING PUNITIVE AND EXEMPLARY DAMAGES), FINES, PENALTIES, INTEREST AND CLAIMS (INCLUDING TAXES), AND ALL RELATED COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS AND COSTS OF INVESTIGATION, LITIGATION, EXPERTS, SETTLEMENT, JUDGMENT, INTEREST AND PENALTIES) (“LOSSES”) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE AND THE SERVICES (EVEN IF CAUSED BY THE ACTS, OMISSIONS, OR NEGLIGENCE OF FLAGSTAR PERSONS), INCLUDING, BUT NOT LIMITED TO LOSSES ARISING OUT OF OR IN CONNECTION WITH THE FOLLOWING:
  1. YOUR USE OF THE WEBSITE OR THE SERVICES (INCLUDING SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE WEBSITE OR SERVICES);
  2. THE INTERCEPTION OF TRANSMISSIONS TO AND FROM THE WEBSITE BY UNAUTHORIZED THIRD PARTIES;
  3. ANY UPLOADED INFORMATION (INCLUDING ANY SECURITY BREACH WITH RESPECT TO UPLOADED INFORMATION);
  4. FAILURE TO SAFEGUARD PASSWORDS OR OTHER ACCOUNT INFORMATION;
  5. VIOLATIONS OF THESE TERMS, THE PRIVACY STATEMENT, OR ANY OTHER POLICY REFERENCED IN THESE TERMS, ANY APPLICABLE LAW OR REGULATION, OR THE RIGHTS OF ANY THIRD PARTY;
  6. YOUR USE OF ANY LINKED SITES; OR
  7. THE TOTAL OR PARTIAL FAILURE OF PERFORMANCE OF THE WEBSITE OR THE SERVICES, OR THE MALFUNCTION OF THE WEBSITE OR THE SERVICES.
  YOU FURTHER AGREE THAT SUCH WAIVER AND RELEASE SHALL EXTEND TO ANY PARTY CLAIMING UNDER YOU AND THAT NO INSURANCE COMPANY WILL HAVE ANY RIGHT OF SUBROGATION.
2. EXCLUDED DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT NO FLAGSTAR PERSON WILL BE LIABLE TO YOU OR ANY OTHER PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), REGARDLESS OF THE FORM OF THE ACTION OR THE THEORY OF RECOVERY, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THE WEBSITE (INCLUDING LOSSES ARISING OUT OF OR IN CONNECTION WITH CIRCUMSTANCES DESCRIBED IN SECTIONS 6.1.1 – 6.1.7), EVEN IF ANY FLAGSTAR PERSON IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
3. DISCLAIMER. WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT (A) THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) ANYTHING YOU DOWNLOAD OR OTHERWISE OBTAIN AS PART OF OR THROUGH THE USE OF THE WEBSITE OR SERVICES IS DONE AT YOUR SOLE DISCRETION AND SOLE RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICES OR FOR ANY LOSS OF DATA THAT MAY RESULT THEREFROM; AND (C) FLAGSTAR DOES NOT REPRESENT OR WARRANT THAT:
  1. THE WEBSITE OR THE SERVICES WILL (I) BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (II) MEET YOUR NEEDS OR REQUIREMENTS; (III) BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERRORS OR OMISSIONS; OR (IV) BE ACCURATE, ADEQUATE, USEFUL, COMPLETE, CURRENT, TIMELY, UP-TO-DATE, OR RELIABLE; OR
  2. ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE WEBSITE OR ANY SERVICES WILL BE REPAIRED OR CORRECTED.
4. CLARIFICATION. YOU AGREE THAT NEITHER FLAGSTAR NOR ANY OTHER FLAGSTAR PERSON WOULD HAVE AGREED TO PROVIDE ACCESS TO THE WEBSITE OR THE SERVICES TO YOU IF YOU DID NOT AGREE TO THE LIMITATIONS OF THIS SECTION 6.

INDEMNITY
To the maximum extent permitted by applicable Law, you shall indemnify, defend, and hold all Flagstar Persons harmless from all Losses and threatened Losses arising out of or in connection with your violation of these Terms or your use of the Website and the Services (even if caused by the acts, omissions, or negligence of Flagstar Persons), including, but not limited to Losses and threatened Losses arising out of or in connection with circumstances described in Sections 6.1.1 – 6.1.7; provided, however, that Flagstar reserves the right (in its sole discretion upon notice to you) to take over the exclusive defense of any third party claim subject to indemnification hereunder, and in such event, you shall provide Flagstar with reasonable cooperation in such defense upon Flagstar’s request.

SUSPENSION AND TERMINATION
Flagstar may suspend or terminate your access to all or any part of the Website or the Services at any time and for any reason, including for violation of these Terms. In the event of termination and for the duration of any suspension:
1. You shall no longer be authorized to use or access the Services or the Website.
2. We reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
3. Any provision of these Terms that contemplates performance or observance during or subsequent to any such termination or suspension shall survive any such termination or suspension and continue in full force and effect, including, but not limited to, provisions relating to disclaimers of warranties, indemnities, proprietary rights, and limitations of liability (including waivers and releases of liability).

DISPUTE RESOLUTION
You irrevocably agree that any legal action, suit or proceeding brought by you in any way arising out of the Terms or your use of the Website or the Services must be brought solely and exclusively in state or federal courts located in Michigan, and you irrevocably submit to the sole and exclusive jurisdiction of these courts in personam, generally and unconditionally with respect to any action, suit or proceeding brought by you or against you by Flagstar. Notwithstanding the foregoing, Flagstar may seek injunctive or other equitable relief or seek to enforce an arbitration award or other judgment in any court of competent jurisdiction.

GOVERNING LAW
These Terms and performance under these Terms shall be governed by and construed in accordance with the applicable Laws of Michigan, without giving effect to any choice-of-law provision or rule (whether of such State or any other jurisdiction) that would cause the application of the Laws of any other jurisdiction.

SEVERABILITY
If any provision of these Terms conflicts with applicable Law or is held void, invalid or unenforceable by a court with jurisdiction over you and Flagstar, such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of these Terms in accordance with applicable Law. The remaining provisions of these Terms and the application of the challenged provision to persons or circumstances other than those as to which it is void, invalid or unenforceable shall not be affected thereby, and each such provision shall be valid and enforceable to the full extent permitted by applicable Law.

CONTACT INFORMATION
To contact us, please visit the Contact Us page.