1. TERMS OF USE AGREEMENT FOR ALL SERVICES AND THE WEBSITES
Please review this Terms of Use Agreement ("Agreement"). By accessing, browsing or using this
website, and the websites of the below listed companies, divisions or service groups, or any
page thereof, through any direct or indirect means (individually or collectively, "Websites"
or "Website"), or by using the goods, facilities or services offered in or through the Websites
through alternative methods (including, for example, telephone, mail, email or facsimile), you
accept and agree to be bound by these Terms of Use (the terms "Website" and "Websites" include
use through these alternative methods).
THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE ALL CLAIMS AND CONTAINS DISCLAIMERS OF
WARRANTIES AND LIABILITY (please see sections 8 and 14). These provisions form an essential
basis of our bargain. If you do not agree to these terms and conditions, you are not authorized
to access or use the Websites and you are to cease accessing or otherwise using the Websites.
For purposes of this Agreement, "You" or "Your" means the person(s) using the Websites, and/or the good, facilities
or services of Home Loan Center, Inc. dba LendingTree Loans(“HLC”), companies offered through alternative methods,
including persons that allow others to provide information about themselves to HLC (as defined below), Providers
(as defined in section 5) ."HLC", "us" or "we" means, but is not limited to the following entities:
• LT Loans(NV)
• Technologies in Lieu of true name LendingTree, LLC (NY)
• LendingTree, LLC d/b/a LT Technologies, LLC (NJ, RI, WA)
• Home Loan Center, Inc.
• Home Loan Center, Inc. dba LT Loans (CT)
• Home Loan Center USA, Inc. (AL, FL, ID, MI, MN, OH, OK, RI, VT, WY)
• Loan Center, Inc. (WA)
• HLC Escrow, Inc.
• and their divisions /service groups (including, but not limited to, LendingTree Loans, LT Loans (NV),
HLC is licensed as set forth in the
Licenses and Disclosures
section, which is
incorporated into this Agreement by reference.
THE DISCLOSURES AND CONSENTS REQUIRED UNDER CERTAIN STATE LAWS ARE DEEMED TO BE
PROVIDED, RECEIVED AND AGREED TO BY USE OF THE WEBSITES.
HLC operates the Websites and shall have the right at any time to change or discontinue any aspect or feature of the
Websites and the right to modify the terms and conditions applicable to users of the Websites, including these Terms
of Use, or any part hereof. Such changes, modification, additions or deletions shall be effective immediately upon
posting on the Websites. Any use by you of the Websites or the good, facilities or services offered in or through the
Websites shall be deemed to constitute acceptance of such changes.
2. CONSUMER INFORMATION SECURITY POLICY
The HLC
Consumer Information Security Policy
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 directly from you or transmitted to or from third parties.
3. MORTGAGE LOAN REQUEST SERVICES
HLC offers a mortgage loan request service that begins when you contact, or are contacted by, a mortgage banker at HLC,
or complete the loan request form found on HLC’s website.
A. Terms Applicable to All Mortgage Loan Request Services
HLC offers loan origination services for borrowers and is generally compensated for such services by the borrower. Except
as otherwise provided for your state (please see the Licenses and Disclosures section of the Websites), HLC is not an
agent of you or any Lender. You should rely on your own judgment in deciding which available loan product and terms best
suits your needs and financial means. You understand that HLC may keep your loan request information and any other
information provided by you in the processing of your loan request, whether or not you are qualified for a loan or if
you make a loan with HLC. You agree to notify HLC directly if you no longer want to receive communications.
The Websites and the services provided by HLC are available in connection with mortgage loans made on real
property located in the fifty states and the District of Columbia unless otherwise specified. Loans may only be
made to residents of, or secured by real property located in, states where HLC is licensed or authorized to make
such loans. HLC expressly reserves the right to discontinue, suspend or terminate the offering of any loan product
in any specific state through the Websites at any time, without prior notice.
The data and other information you may provide HLC is not, and is not treated as, an application for a loan or a request
to be pre-approved, pre-qualified or any similar concept. HLC does not guarantee acceptance into any particular loan
program or specific loan terms or conditions; loan approval standards are established and maintained solely by the
secondary market investors to whom HLC transfers its loans. Likewise, but subject to any promotional low price guarantee
that may be offered by HLC from time to time, HLC does not guarantee that the loan terms or rates offered are the best
terms or lowest rates available in the market. A loan offer may be subject to market conditions, approval and qualification.
The rates and fees actually provided may be higher or lower depending on your complete credit profile, collateral/property
considerations including but not limited to location, equity and value and income/asset consideration including but not
limited to loan to value and debt to income ratios. Unless expressly stated in writing, nothing contained herein shall
constitute an offer or promise for a loan offer, loan commitment or interest rate lock-in agreement. HLC may not offer
all products as well as not offer products in all states. To help the government fight identity theft, the funding of
terrorism and money laundering activities, HLC will obtain, verify and record information that identifies each person
who opens an account with them. HLC may ask for your name, Social Security Number, address, date of birth and other
important information that will allow them to properly identify you. During the application process, HLC may also ask
to see your driver’s license or other identifying documentation.
By clicking on any button indicating an acceptance or agreement to terms, a continuance of processing or
submission ("submission") you understand that you are agreeing to the stated terms and conditions of that
submission and that you are submitting an inquiry as to a lending product through HLC. By submitting the loan
request containing your electronic signature, you are extending an express invitation to HLC to contact you by
telephone at the numbers you have provided so 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 (or similar) list, or by email at the email
address you provided or at another address that may be associated with you and you hereby consent to any such
email so it will not be considered spam or unauthorized by any local, state or federal law or regulation. By
saving your information with HLC or by doing a submission, you give HLC permission to retain all such provided
information and to make live or recorded calls to discuss, provide or remind you of any information in regards
to your submission, including incomplete loan requests, deadlines, quality of services or other matters in
connection with your loan request. For any service, you represent that all of the information you have provided
in your submission and loan request is true and complete. You also authorize HLC, along with any additional
secondary market investors necessary to complete your loan transaction, to request from one or multiple credit
bureaus /reporting agencies, your credit bureau report including any ancillary credit scores or ratings and to
check your credit and employment history. At the present time, Fair Isaac Corporation (the company that provides
"FICO" credit scores) reports that, for mortgage or auto loans, it disregards those inquiries made in the 30 days
prior to the lender receiving the credit score and that beyond the 30 days, it consolidates all credit inquiries
that occur within a 14-day period into one inquiry for scoring purposes.
On occasion, HLC may not be allowed to initially provide the name of the wholesale mortgage bank or investor, in which case
the conditional loan offer may be simply listed under the name "Home Loan Center" or “HLC”. All loans are originated and
closed by Home Loan Center, Inc., then sold to the wholesale mortgage bank or investor. As in the case of most lenders,
once you select a conditional loan offer, HLC may require a fee to lock-in your rate or to start the appraisal or
application process and to complete the processing and underwriting of your loan application.
Note: If you have been matched solely with HLC as a result of an loan request made with LendingTree, you will speak with
a single loan officer and may be provided with up to four conditional loan offers based on the rates and terms provided
to HLC by its wholesale mortgage banks and investors. These wholesale mortgage banks and investors update their pricing
with HLC from time-to-time (often daily) and compete for customer business by changing their products and pricing
periodically. The conditional loan offers you initially receive typically will be offers based on the interest rates
set by the wholesale mortgage lenders or investors willing to acquire the types of loan that you requested.
B. Reserved
C. Reserved
4. MORTGAGE STATUS PORTAL
On occasion, the Websites may offer the ability to find real-time status of your loan’s progress.
The accuracy of such progress or status in not guaranteed to be accurate, though HLC intends that all
status information is accurate and up-to-date. Reasons for inaccuracy may be due to user error and/or
failure to provide accurate information or documentation when requested. If there is reason to believe
that the information contained in any loan status data found on the Websites is inaccurate, please
contact your account manager or loan officer. Nothing contained in the Mortgage Status Portal shall be
construed as replacing, supplementing or acting as any type of mortgage loan-related disclosure that may
be required by state, federal or local law(s).
Nothing on the Websites should be construed as granting, by implication, estoppels or otherwise, any license or
right to use any service mark or trademark (individually and collectively, "Mark" or "Marks") displayed on the
Websites, without the prior written permission of the HLC or the applicable Mark holder specific for each such
use. The Marks may not be used to disparage HLC, the applicable third party or the products or services of such
parties, nor shall they be used in any manner that may damage any goodwill in the Marks. Use of any Mark as part
of a link to or from any site is prohibited unless establishment of such a link is approved in advance by HLC in
writing.
The Websites contains copyrighted material, trademarks and other proprietary information, including, but not
limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Websites are
copyrighted as a collective work under the United States copyright laws. HLC owns a copyright in the selection,
coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not
modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit, any
of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying,
redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material
will be permitted without the express written permission of HLC and the copyright owner. Elements of the Websites
are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied
or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.
8. DISCLAIMERS AND LIABILITY
HLC intends that the information contained in the Websites be accurate and reliable; however, errors sometimes occur.
In addition, changes and improvements to the information provided herein may be made by HLC at any time. Under no
circumstances will HLC be liable for any loss or damage caused by your reliance on information obtained through the
Websites. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion,
advice or other content available through the Websites.
THE WEBSITES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE
PROVIDED "AS IS". LENDINGTREE AND/OR ITS SUPPLIERS, LENDERS, PROVIDERS OR REAL ESTATE
PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER
WHATSOEVER RELATING TO THE WEBSITES 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 THE WEBSITES AND/OR
LENDINGTREE'S SERVICES IS AT YOUR OWN RISK. LENDINGTREE AND/OR ITS SUPPLIERS, LENDERS,
PROVIDERS 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 OR THE INABILITY TO USE THE WEBSITES AND/OR LENDINGTREE'S SERVICES OR
WITH THE DELAY OR INABILITY TO USE THE WEBSITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS
AND SERVICES OBTAINED THROUGH THE WEBSITES, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON
ANY INFORMATION OBTAINED AT THE WEBSITES, OR THAT RESULT FROM MISTAKES, OMISSIONS,
INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, WORMS, TROJAN HORSES,
TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER
PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED
TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM,
DATA OR PERSONAL INFORMATION, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF
PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT,
DESTRUCTION OR UNAUTHORIZED ACCESS TO LENDINGTREE RECORDS, PROGRAMS OR SERVICES, , OR OTHERWISE
ARISING OUT OF THE USE OF THE WEBSITES, 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, PROVIDERS OR REAL ESTATE PROFESSIONALS HAVE 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.
9. ELECTRONIC COMMUNICATIONS/NOTICES AND INFORMATION DELIVERED ELECTRONICALLY
HLC, its secondary market investors, Providers and real estate professionals may choose to electronically deliver
all information related to its services and your requests. HLC, its secondary market investors, Providers and real
estate professionals' electronic communications to you may transmit or convey information about action taken on
your request, portions of your request that may be incomplete or require additional explanation, any notices
required under applicable law, which may include any Federal Truth-in-Lending disclosures, other terms, conditions
and documents, and the privacy policies of HLC, its secondary market investors, Providers and real estate
professionals. You agree to receive all current and future notices, disclosures, communications and information,
and to do business electronically with HLC, its secondary market investors, Providers and real estate
professionals. This means that HLC, its secondary market investors, Providers and real estate professionals may
communicate with you by sending a message to the email address you provided or at another address that may be
associated with you that we receive from its secondary market investors, Providers and real estate professionals
or other parties. You agree that you meet the below technical requirements and are able to access and retain copies
of notices and information sent or made available electronically. The Consent for Electronic Disclosures,
hereby incorporated by reference into this Agreement, is the disclosure that provides greater detail.
Technical Requirements
To access and retain information and notices we send or make available to you electronically,
you will need:
• Internet access with 128-bit encryption
• Adobe Acrobat Reader 6 or higher
• Ability to Print Internet Explorer 6 or higher
• Netscape 8.04 and above (Use in IE mode)
• Email Access or Firefox version 1.5
10. PRIVACY POLICY
The
HLC Privacy Policy
, hereby incorporated by reference into this Agreement, explains
the policy applicable to the information that is collected through the Websites or received
directly from you.
11. INDEMNITY
As a condition of use of the Websites and/or HLC’s services, you agree to indemnify HLC and its suppliers, its
secondary market investors, Providers 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 the Websites,
including without limitation any claims alleging facts that if true would constitute a breach by you of this
Agreement.
12. LINKS TO THIRD PARTY WEBSITES
The Websites may contain links to websites maintained by third parties. Such links are provided for your convenience
and reference only. HLC does not operate or control in any respect any information, software, products or services
available on such websites. HLC's inclusion of a link to a website does not imply any endorsement of the services or
the website, its contents, or its sponsoring organization. When you leave the Websites please note that HLC is not
responsible for the accuracy or content of the information provided by that website, nor is it liable for any direct or
indirect technical or system issues arising out of your access to or use of third party technologies or programs
available through that website.
13. ERRORS AND DELAYS
HLC is not responsible for any errors or delays in responding to a request or referral form caused by, including but
not limited to, an incorrect email address provided by you or other technical problems beyond our reasonable control.
14. DISPUTE RESOLUTION Any claim or controversy arising out of or relating to the use of the Websites, to the goods or services provided by
HLC, or to any acts or omissions for which you may contend HLC 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 Orange County, California 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 HLC. In any arbitration, HLC 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
Orange County, California. 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. To the fullest extent permitted by applicable law, no
arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement,
whether through class arbitration proceedings or otherwise.
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, and 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 HLC’s goods, facilities 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 HLC, the parties agree that jurisdiction over and venue of any suit shall be
exclusively in the state and federal courts sitting in Orange County, California. 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.
15. OTHER TERMS
This Agreement (which hereby incorporates by reference any other provisions applicable to use of the Websites,
including, but not limited to, any supplemental terms governing the use of certain specific material contained
in the Websites and any operating rules for the Websites established by HLC) constitutes the entire agreement between
you and HLC and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral,
written or electronic, between you and HLC with respect to the Websites 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
California, 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.
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