Mortgage Manager Terms & Conditions of Use
"Alerts and Reminders" means electronic messages sent by email, text message, and/or push notification, and/or displayed through the Services to alert and remind you about certain activity on your account.
"Applicable Rules" means all applicable laws, regulations, guidance, operating circulars, and payment network and clearing house rules.
"Authorized Person" means your agent, representative, guardian, conservator, officer, owner, principal, member, employee, or other person authorized to access or conduct transactions on your behalf.
"Black Knight" means the third-party service provider for the online mortgage servicing tool, Black Knight, Inc., or any successor provider of the Services.
"Business Days" means Monday through Friday, excluding Saturday, Sunday, or Federal holidays.
"Communications" means all account opening documents, account statements, disclosures, notices, messages, records, change in terms notices, changes in your Loan Agreement, Alerts and Reminders, and other information that we may deliver to you concerning your Loan or the Services.
"Electronic Documents" means loan statements, notices, disclosures, other communications, documents, or materials for specified types of accounts and services that we may make available electronically, now or in the future, through the electronic statements and notices.
"Equipment" means device, personal computer, or mobile device with access to the Internet
"Funding Account" means checking or savings account with Old National Bank or another financial institution that is used for mortgage and/or loan payments.
"Loan" means your line of credit, mortgage, and loan accounts with us that are eligible for the Services.
"Loan Agreement" means: (1) the promissory note, repayment agreement, and any other agreements between you and us governing your Loan; and (2) any other terms and conditions posted on our Internet banking site governing your use of the Services.
"Login ID" means the username for identifying yourself when accessing the Services.
"ONB," "we," "us,’" and "our" mean Old National Bank.
"Password" means the combination of numbers, upper case letters, lower case letters, and symbols you select for the purpose of authenticating yourself after entering your Login ID when accessing the Services.
"Services" means the banking services we provide to you through our online mortgage tool via website, mobile application, or other portal. These Services include loan payments, auto-payments, loan balance, payment history, management for mortgage insurance, estimated home value, average neighborhood home value, state specific disclosures, tracking goals, alerts and reminders, what-if scenarios, educational resources, lender information, loan contact information, amortization schedules, and other digital mortgage servicing tools.
"Software" means programs and other operating information used by Equipment that is compatible with the Website and allows you to browse the Internet through your Technology Provider
"Technology Provider" means a third-party provider of content, technology, or banking services necessary to operate the Services, including your Internet service provider or wireless service provider.
"Website" or "Site" means any current or future Internet website that ONB through Black Knight makes available to you, and all related web pages or renderings, for offering the digital services.
"You" and "your" mean the owner(s) of each account enrolled for the Services or the borrower for each Loan enrolled for the Services.
Agreement for Services
This Agreement governs your use of the Services. By enrolling your Loan in the Services or using the Services, you confirm that you accept the terms and conditions of this Agreement. You agree that we have the right under this Agreement to use Technology Providers to help provide you the Services. We will remain responsible to you for Black Knight’s performance of the Services in accordance with this Agreement.
The Services are solely for your convenience. You may not redistribute, resell, or use them to process transactions for third parties. The Services are not real time.
Your Loan Agreement also governs your use of the Services and is not changed by this Agreement. If there is any conflict between the rest of your Loan Agreement and this Agreement, the Loan Agreement controls.
Changes to Agreement or the Services
We may change this Agreement or the Services from time to time by: (1) adding new terms, conditions, services, charges, or fees; (2) modifying or discontinuing existing terms, conditions, services, charges, or fees; (3) changing the kinds of Loans that are eligible for the Services; (4) changing the requirements for the Equipment necessary to access and use the Services; and (5) changing the security requirements necessary to access and use the Services. All changes to this Agreement or the Services take effect immediately when we post them within the Services or otherwise deliver a Communication regarding such change unless the notice states otherwise. Notice of any change will comply with the notice requirement of any applicable laws. By using the Services after the effective date of any change, you confirm your agreement to the change.
You can make one-time, lump-sum, or recurring payments to your Loan by scheduling funds transfers from your Funding Account. Your payment will be credited to your Loan on the scheduled payment date if payments are scheduled prior to 9:00 p.m. Central Time on a Business Day or as otherwise designated by us from time to time. Old National Bank will initiate debits and withdrawals from the Funding Account on or after the scheduled payment date. If the scheduled payment date you select falls on a weekend or bank holiday, we may initiate the payment on the next Business Day. It is your responsibility to establish your payments so that your payment will be received on time. You are responsible for any late payment or finance charges that may be imposed as a result of your failure to make timely payments. We will apply any amount you pay according to the terms of your Loan Agreement. Loan payment transactions may take up to two Business Days to process but will post from your Funding Account as of the Business Day the transaction was made. Making a Loan payment to a zero balance does not qualify as a Loan payoff as interest and other fees may apply. To pay off a loan or pay down a credit line to a zero balance, please call Mortgage Servicing at 1-866-853-3277, or visit any Old National banking center. Please note that some Loan payoffs will not be accepted over the phone.
Balance & History Transactions
Balances and transaction histories that you obtain through Black Knight. mortgage servicing tool generally will be current as of the close of business on the preceding Business Day. Notwithstanding the foregoing, loan account information provided to you as part of your digital banking profile is not the official record of your Loan account or its activity. Your Loan account statements furnished to you will remain the official record of your Account.
Devices & Software
Protecting Your Password & Loan Information
You agree to use reasonable care in handling, safeguarding, and storing: (1) your Login ID and Password; (2) your Loan information; and (3) your device or any computer, mobile device, or other Equipment you use to access the Services. You agree not give your Password to anyone. This includes other companies, service providers, or applications. If you give your Password to another, you are giving that person, service provider, or application permission to perform transactions on your Loan account. For security reasons, we recommend that you memorize your Password and do not write it down. You should change it frequently. Anyone who has your Password may be able to access your Loan and perform banking transactions.
You are ultimately responsible for protecting your Login ID, Password, and other user account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You agree to: (a) immediately notify Black Knight of any unauthorized use of your Login ID, Password, and/or user account information, and/or any other breach of security; and (b) make sure that you log out from your user account at the end of each session. While Black Knight may provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, Black Knight does not and cannot guarantee or warrant that any information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error. Your full account number will not be included in any communications from us, unless required by law. However, communications may contain your name and information about your Loan, including information concerning your Loan balance and transactions. Anyone with access to your email or devices may also be able to access communications or the Services. It is your responsibility to safeguard these devices and protect your Password.
Accessing Your Electronic Statements & Disclosures
Whenever any Electronic Document is made available to you at the Website, we may send to the primary email address you have provided to us a notice that the Electronic Document is available to you at the Website. Not all Electronic Documents may be eligible for this notice. Such Electronic Documents will be available to you at the Website for 3 years on the "My Loan" page, if you are enrolled in the Service and have elected to receive documents electronically, or available upon request. We recommend that you print and/or save copies of your statements and other Electronic Documents as they become available. Please note that upon account closure, Electronic Documents will not be available at the Website. Except when applicable law requires otherwise, the notice we send to your primary email address will be the only notice to you about the availability of the Electronic Document at the Website. You acknowledge that availability of the Electronic Document on the Website or delivery of the notice will constitute delivery of the Electronic Document whether you view or print such Electronic Document. The first time an email notice is returned to us as undeliverable, we will send you a letter advising that an Electronic Document is available and that we were unable to deliver your email notice and asking you to provide us with a new email address for use with Statements and Notices service.
Alerts & Reminders
You can enroll for optional Alerts and Reminders that notify you electronically when certain events occur. We may send some mandatory Alerts and Reminders to you when certain events occur for security and/or fraud reasons. If you want to receive optional Alerts and Reminders, you must select them within the Services. By enrolling into digital mortgage servicing, you agree to receive Alerts and Reminders through email, text messages, push notification, and/or display through the Black Knight online mortgage servicing tool. If you want to stop receiving optional Alerts and Reminders, you agree to unenroll from such optional Alerts and Reminders within the Services.
The Bank reserves the right to impose fees and/or other service charges for access to or use of the Service. We will promptly notify you of any new fees or change in the fees for these services if and to the extent required by Applicable Rules. You authorize us to automatically deduct these charges to the Account you designate for this purpose and the charges will appear on your statements. If you close that Account, you will need to designate a new Account for such payments. Please see your service charge schedule for information on other fees that may apply to your Account, such as non-sufficient funds or stop payment fees. You hereby acknowledge and agree that we shall have a right of setoff against each of your Accounts to pay all fees, returns and refunds owed to us by you under this Agreement.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE RULES, OUR OBLIGATIONS UNDER THIS AGREEMENT SHALL CONSTITUTE OUR ENTIRE LIABILITY TO YOU AND YOUR EXCLUSIVE REMEDY, AND IN NO EVENT SHALL WE, OR ANY OF OUR SERVICE PROVIDER(S), BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF WE ARE ADVISED OF THE POSSIBILITY) ARISING IN ANY WAY OUT OF OR RELATED TO THE SERVICE OR ANY SYSTEMS, SOFTWARE AND/OR EQUIPMENT, INCLUDING BUT NOT LIMITED TO ANY INSTALLATION, MAINTENANCE, CONFIGURATION OR COMPATIBILITY ISSUES RELATED THERETO; MECHANICAL OR ELECTRONIC EQUIPMENT, INCLUDING BUT NOT LIMITED TO THE INTERNET AND COMMUNICATION LINES; ACCESS TO AND USE OF THE SERVICES; YOUR SYSTEMS; AND FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH COMMUNICATIONS NETWORKS. WE ARE NOT LIABLE FOR ANY DAMAGES OR LOSS THAT MAY BE CAUSED TO ANY SYSTEM, EQUIPMENT AND/OR SOFTWARE DUE TO ANY MALICIOUS CODE, VIRUSES, DEFECTS OR MALFUNCTIONS, INCLUDING BUT NOT LIMITED TO ANY LOSS OF INFORMATION. YOU AGREE THAT YOUR USE OF THE SERVICE(S) IS AT YOUR SOLE RISK.
Consent to Electronic Delivery of Communications
By consenting to the terms and conditions of this Agreement, you agree that we may, at our option, provide communications to you in electronic form, including making them available to you in electronic form. We may do so by: (1) posting or making the Communication available in your digital banking secure mailbox (accessible at oldnational.com); (2) posting the Communication on our Internet banking site; (3) sending the Communications to the email address you provide to us or by digital banking secure message; or (4) sending you an email, text message, or push notification to the telephone number you provide to us for your device. Your Technology Provider may charge you fees or other costs for sending or receiving Communications by email or text message. You agree that you are responsible for all such fees and costs. Any Communications that we send you or that you send us may not be encrypted. The Communications may include your name and other information pertaining to your Loan.
By agreeing that we may provide Communications to you in electronic form, you are also agreeing that we are not required to provide you with a paper version of the Communication unless you ask us for a paper copy. You agree that a Communication is considered "Delivered" to you and received by you on the date it is posted, made available, or sent to you as provided in this Agreement.
Governing Law & Venue
Except as otherwise expressly provided in the contract documents with regard to specific products or services, you specifically agree that these terms and conditions and your use of the Site shall be governed by the laws of the State of Indiana, without regard to the conflict of laws thereof, and to the laws of the United States. You further agree that disputes arising from the use of the Site shall be exclusively subject to the jurisdiction of the courts of the State of Indiana and the federal courts situated in the State of Indiana.
Enforcement/Waiver Of Jury Trial
In the event either party brings a legal action to enforce this Agreement or collect amounts owing as a result of any account transaction, the prevailing party shall be entitled to reasonable attorney’s fees and costs, including fees on appeal, subject to any limits under applicable law. YOU WAIVE ALL RIGHT TO A JURY TRIAL ON ALL ISSUES IN ANY ACTION OR PROCEEDING RELATED TO YOUR ACCOUNT OR TO ANY DOCUMENTS EXECUTED IN CONNECTION HEREWITH, AND NO ATTEMPT SHALL BE MADE TO CONSOLIDATE, BY COUNTERCLAIM OR OTHERWISE, ANY SUCH ACTION OR PROCEEDING WITH ANY OTHER ACTION OR PROCEEDING IN WHICH THERE IS A TRIAL BY JURY OR IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED. YOU HEREBY AGREE THAT ALL CLAIMS, CAUSES OF ACTION OR OTHER ADJUDICABLE RIGHTS ARISING, DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR ANY OTHER AGREEMENT WITH US SHALL BE INSTITUTED AND LITIGATED ONLY IN A STATE COURT FOR THE STATE OF INDIANA LOCATED IN EVANSVILLE, INDIANA OR THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA, EVANSVILLE DIVISION, LOCATED IN VANDERBURGH COUNTY, INDIANA AND CUSTOMER HEREBY CONSENTS TO JURISDICTION AND VENUE OF ANY STATE OR FEDERAL COURT IN SUCH LOCATION.