A website Terms of Service (TOS) outlines rules users agree to when accessing the website. Mortgage companies must include the following items:

• Privacy policy reference - Ensure that you are using the GLB Privacy Notice and that it conforms to your actual data sharing procedures

• Accessibility compliance statement (e.g., ADA guidelines) - ensure your website is ADA accessible if it's available to the public

• Company identification and contact information

• User responsibilities and acceptable usage guidelines - see the disclaimers below

• Permitted and prohibited website activities

• Intellectual property rights and restrictions

• Terms of termination or access suspension

• Governing law and jurisdiction

• Dispute resolution procedures, including arbitration clauses

• Procedures for updates and changes to the terms

Mortgage company websites commonly include industry-specific disclaimers, such as:

• "Information provided is for informational purposes only and does not constitute legal or financial advice."

• "Not a commitment to lend"

• "All loans subject to credit approval"

• "Rates and terms subject to change without notice"

• "Equal Housing Lender" or "Equal Housing Opportunity" statement

• NMLS (Nationwide Mortgage Licensing System) identification number disclosure

• Licensing disclosures for states of operation

The rules applicable to TOS and mortgage-related disclaimers are governed primarily by federal laws, such as the Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), Equal Credit Opportunity Act (ECOA), and Fair Housing Act. Agencies enforcing these rules include:

• Consumer Financial Protection Bureau (CFPB) for lending practices and consumer disclosures

• Federal Trade Commission (FTC) for unfair and deceptive business practices

• Department of Housing and Urban Development (HUD) for fair housing regulations

• State mortgage regulatory agencies for licensing and advertising compliance

• State Attorneys General for enforcement of consumer protection laws