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TERMS OF USE AGREEMENT
Please read this Terms of Use Agreement ("Agreement") carefully. By accessing this Web site and any pages hereof, you agree to be bound by the terms and conditions below. This Agreement contains an agreement to arbitrate all Claims and disclaimers of warranties and liability. These provisions form an essential basis of our bargain. If you do not agree to these terms and conditions, do not access this Web site.
For purposes of this Agreement, "LendingTree" means LendingTree, LLC. In Rhode Island, the loan services made available on this site are provided by Home Loan Center, Inc., and all references on this site to LendingTree shall include Home Loan Center, Inc. for Rhode Island customers. However, LendingTree, LLC will still collect your loan request and provide technical services for Home Loan Center, Inc.
CONSUMER INFORMATION SECURITY POLICY
The LendingTree Consumer Information Security Policy, hereby incorporated by reference into this Agreement, explains the policy applicable to the information that is collected through the Websites, received from you or transmitted to or from third parties.
LOAN ORIGINATION SERVICES
All of the information you have provided in your loan request is true and complete. By submitting the loan request form, you authorize LendingTree to provide your information to up to five Lenders who may be able to help you with your loan needs. In addition, you may be given the option to provide your Social Security Number and/or have your credit pulled in order to improve your Lender matches. You are not required to provide your Social Security Number or authorize LendingTree to pull your credit to be matched with Lenders. However, if you elect either of these options, you authorize LendingTree to check your credit history, and to provide your information, including your credit history, to up to five Lenders. You further authorize the Lenders, along with any additional Lenders or investors necessary to complete your loan transaction and to check your credit history. You further authorize the Lenders along with any additional Lenders or investors necessary to complete your loan transaction, to check your credit history and to return their decision to you via the LendingTree system. At the present time, Fair Isaac and Co. (the company that provides "FICO" credit scores) reports that, for mortgage, home equity or auto loans, it consolidates all credit inquiries that occur within a 14-day period into one inquiry for scoring purposes.
You understand that Lenders may keep this form, whether or not you are qualified for a loan with them. LendingTree is not a lender and does not make loans or credit decisions in connection with loans. LendingTree does not endorse or recommend the products of any particular Lender on any of its websites. LendingTree is not an agent of either you, the User, or any participating Lender. LendingTree’s services are administrative and consultative only. You should rely on your own judgment in deciding which available loan product best suits your needs and financial means. The Lender is solely responsible for its services to you, and you agree that LendingTree shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such services. This Web site and the services provided by LendingTree are available only in connection with (a) mortgage loans made on real property located in the fifty states and the District of Columbia unless otherwise specified, and (b) non-mortgage loans made to citizens and residents of the United States. Loans may only be made to residents of, or secured by real property located in, states where participating Lenders are licensed or authorized to make such loans, as indicated herein under the section titled "Lenders." Lenders are not attempting to make loans outside of their authorized states or country by participating in and offering their products on this Web site. LendingTree and/or participating Lenders expressly reserve the right to discontinue, suspend or terminate the offering of any loan product in any specific state through this Web site. LendingTree does not guarantee acceptance into any particular loan program or specific loan terms or conditions with any participating Lender; loan approval standards are established and maintained solely by individual Lenders. Likewise, LendingTree does not guarantee that the loan terms or rates offered and made available by participating Lenders through this Web site are the best terms or lowest rates available in the market. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for a loan commitment or interest rate lock-in agreement. LendingTree does not charge you, the User, a fee to use our service. LendingTree is paid a fee by participating Lenders for the goods, facilities and services provided. Your use of this Web site and/or LendingTree’s services constitutes your agreement with this compensation arrangement.
By completing and submitting the loan request form, you understand and agree that you are inquiring as to a lending product with GetSmart and each of the Lenders to whom your loan request is transmitted. By submitting the loan request, you are extending an express invitation to each of these entities to contact you by telephone at the numbers you have provided so that they may assist you with your transaction, and you hereby consent to any such calls even if your phone number is on any Do Not Call list. By saving your information with LendingTree and/or submitting a loan request, you give LendingTree permission to make recorded calls to remind you of any deadlines or issues in connection with your loan request. Your loan request may be matched to Home Loan Center, which is a wholly-owned subsidiary of LendingTree and is licensed as a mortgage broker/Lender. By law, we are required to disclose that Home Loan Center is an affiliate of LendingTree, and we are required to provide you with this Affiliated Business Disclosure. By submitting your loan request, you acknowledge receipt of the Affiliated Business Disclosure.
REAL ESTATE SERVICES
All of the information you have provided in this referral form is true and complete. You authorize LendingTree to forward your information to its network of real estate professionals. You further understand and agree that by selecting a real estate company or professional, you are extending an express invitation for them to contact you by telephone at the numbers you have provided, and you hereby consent to any such calls even if your phone number is on the Do Not Call list. In addition, by completing and submitting a request for more information regarding a real estate listing or requesting contact with a real estate professional, you understand and agree that you are extending an express invitation to real estate professionals to call you by telephone at the numbers you have provided, and you hereby consent to any such calls even if your phone number is on the Do Not Call list. You understand that these real estate professionals may keep the information you submit whether or not you communicate with them regarding a real estate listing and whether or not you complete a real estate transaction with them. Real estate programs are administered by LendingTree, a licensed real estate broker. In connection with its Find a REALTOR® program, LendingTree does not list or sell homes. Instead, real estate brokerage activities are performed by local licensed real estate brokers. In connection with its Find a REALTOR® program, LendingTree acts as a referring broker by referring you to a local real estate broker. For its services, LendingTree receives a real estate brokerage referral fee of up to 35% of the local broker’s commission. Your use of this Web site and/or LendingTree’s services constitutes your agreement with this compensation arrangement. Cash, gift certificates, points or mileage incentives are only available to customers who use a LendingTree Network real estate professional to buy or sell their home. Customers must have been connected with the real estate professional through LendingTree’s Find a REALTOR® program to be eligible for incentives. Certain states require that incentives be given as either a credit at closing or as a reduction of your real estate commission. The programs may be available on modified terms, or may be prohibited, in certain jurisdictions. Other restrictions may apply.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Web site are: Copyright © 1998 -
LendingTree, LLC and/or its suppliers, participating Lenders, or real estate professionals, 11115 Rushmore Dr., Charlotte, NC 28277, U.S.A. All rights reserved. GetSmart and LendingTree are service marks of LendingTree, LLC. Other product and company names mentioned herein, including the names of participating Lenders, may be the trademarks of their respective owners.
DISCLAIMERS AND LIMITATIONS
LendingTree intends that the information contained in its Web site be accurate and reliable; however, errors sometimes occurs. In addition, changes and improvements to the information provided herein may be made by LendingTree at any time. THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." LENDINGTREE AND/OR ITS SUPPLIERS, PARTICIPATING LENDERS, OR REAL ESTATE PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THIS WEB SITE AND/OR LENDINGTREE’S SERVICES IS AT YOUR OWN RISK. LENDINGTREE AND/OR ITS SUPPLIERS, PARTICIPATING LENDERS, OR REAL ESTATE PROFESSIONALS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE AND/OR LENDINGTREE’S SERVICES OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LENDINGTREE AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
INDEMNITY
As a condition of use of this Web site and/or LendingTree’s services, you agree to indemnify LendingTree and its suppliers, participating Lenders, or real estate professionals from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from your use of LendingTree’s services, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.
LINKS TO THIRD PARTIES
This Web site may contain links to Web sites maintained by third parties. Such links are provided for your convenience and reference only. LendingTree does not operate or control in any respect any information, software, products or services available on such Web sites. LendingTree’s inclusion of a link to a Web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
ERRORS AND DELAYS
LendingTree is not responsible for any errors or delays in responding to a qualification form or referral form caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control.
DISPUTE RESOLUTION
Any claim or controversy arising out of or relating to the use of this Web site, to the goods or services provided by LendingTree, or to any acts or omissions for which you may contend LendingTree is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitration shall be venued in Mecklenburg County, North Carolina except for Maine consumers for whom the location shall be a place reasonably convenient to the consumer. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to LendingTree. In any arbitration, LendingTree will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party, provided, however, that in Maine any cost to the consumer shall be limited to the cost of filing a court case. To begin the arbitration process, a party must make a written demand therefor.
Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Mecklenburg County, North Carolina. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto, except in Maine where state law will control all rights and remedies in the arbitration. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND LENDINGTREE WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using LendingTree’s goods and services you consent to these restrictions. Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and LendingTree, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Mecklenburg County, North Carolina. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees.
OTHER TERMS
This Agreement constitutes the entire agreement between you and LendingTree and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and LendingTree with respect to this Web site and information, software, products and services associated with it. This Agreement shall be subject to and construed in accordance with the laws of the State of North Carolina, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
Important Credit Information
We have elected to provide you with several important notices that are usually provided under the Equal Credit Opportunity Act. However, please be advised that LendingTree is not a creditor and is not responsible for the lending criteria supplied by Lenders, which were used to analyze your information.
You have the right under the Fair Credit Reporting Act to know the information in your credit file at the consumer reporting agency and to receive a free copy of your credit report, if you request it from the consumer reporting agency within 60 days after you receive this notice. The consumer reporting agency that provided credit information to the Lenders on our Network is listed in the enclosed letter. To obtain a free copy of your credit report, send your name, address and social security number to this consumer reporting agency. Contact information is provided in your letter.
You may also wish to contact your local consumer protection agency to learn of any rights you may have under state law.
If you find that any of the information contained in the report you receive is inaccurate or incomplete, you have the right to dispute the matter with the consumer reporting agency. However, be advised that the consumer reporting agency did not determine that no Lender match could be made and is unable to supply specific reasons why no match was made.
The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract), because all or part of the applicant’s income derives from any public assistance program, or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.
California Residents
If the action indicated in this notice was based, in whole or in part, on any information contained in a consumer credit report, you have the right to obtain, within 60 days, a free copy of your consumer credit report from the credit reporting agency which compiles and maintains files on consumers on a nationwide basis. You also have the right to dispute the accuracy or completeness of any information in a consumer credit report furnished by the consumer credit reporting agency by contacting that agency directly using the contact information supplied in the enclosed letter.
Connecticut Residents
The Connecticut Home Mortgage Disclosure Act prohibits discrimination against mortgage loan or home improvement loan applicants solely on the basis of the location of the property to be used as security. The agency which enforces compliance with this law is:
The Connecticut Banking Commissioner
260 Constitution Plaza
Hartford, Connecticut 06103
If you believe that you have been unfairly discriminated against, you may file a written complaint with the Commissioner at the above address (Conn. Gen. Statutes, Chapter 669, Part 9).
Massachusetts Residents
The federal Equal Opportunity Act and comparable provisions of Massachusetts law prohibit creditors from discriminating against credit applicants on the basis of race, color, religion, creed, national origin, sex, sexual orientation, ancestry, handicap, marital status, age (provided that the applicant has the capacity to enter into a binding contract), or because all or part of the applicant’s income derives from any public assistance program. The federal Equal Credit Opportunity Act also prohibits creditors from discriminating against credit applicants because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The state agency that administers compliance with the state law is the Massachusetts Commission Against Discrimination, One Ashburton Place, Boston, Massachusetts 02108.
New York Residents
The state agency that administers compliance with Section 296-a of the Executive Law (which is similar to the federal Equal Credit Opportunity Act) is the State of New York Banking Department, Two Rector Street, New York, New York 10006.
Ohio Residents
The Ohio laws against discrimination require that all creditors make credit equally available to all credit worthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law.
Washington Residents
Washington state law against discrimination prohibits discrimination in credit transactions because of race, creed, color, national origin, sex or marital status. The Washington State Human Rights Commission Administers compliance with this law.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
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