Terms of Use Agreement

Last Updated: April 30, 2018

TERMS OF USE AGREEMENT FOR WEBSITE AND ALL SERVICES

Lenderful LLC (hereinafter “Lenderful”, “we“, “us“, “Company” or “our“) requires that you carefully read, understand and agree to the following terms and conditions contained in this Terms of Use Agreement (the “Agreement” or “Terms of Use”). This website (the “Website”) is owned and operated by Lenderful, which reserves the right at all times, in its sole discretion and without notice to you, to deny your access to and use of this Website. This Website is intended for individuals who are at least 18 years of age. By accessing, browsing or using this Website, or any page thereof, through any direct or indirect means, including, but not limited to, the completion or submission of a loan inquiry form (as described more thoroughly below), or by using the goods, facilities or services offered in or through the Website (collectively the “Services”) through alternative methods (including, for example, telephone, mail, text, email or facsimile), you accept and agree to be bound by these Terms of Use (the term “Website” includes use through these alternative methods).

By clicking on any button indicating an acceptance, acknowledgement or agreement to terms, a continuance of processing or loan inquiry submission you understand that you are consenting, acknowledging and agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry regarding a lending product or products through Lenderful which will match you with Lenders (defined below) to whom your loan request and personal information is transmitted. If you do not agree to these Terms of Use, you are not authorized to access or use the Website and you are to cease accessing or otherwise using the Website.

For purposes of this Agreement, “You” or “Your” means the person(s) using the Services through either or both the Website or through alternative methods.

Permitted Use

You agree that:

your use of this Website is subject to and governed by these Terms of Use;
you will only access or use this Website and transact business with us if you are at least 18 years old;
you will comply with and be bound by these Terms of Use as they appear on this Website each time you access and use this Website;
each use of this Website by you indicates and confirms your assent to and agreement to be bound by these Terms of Use; and
these Terms of Use are a legally binding agreement between you and Lenderful that will be enforceable against you.

You agree that you will not use or attempt to use this Website for any purpose other than conducting mortgage banking related business with Lenderful as a bona fide client of Lenderful; you may not use or attempt to use this Website or any part of this site for any purpose:

that interferes with or induces a breach of the contractual relationships between Lenderful and its employees;
that is any way unlawful or prohibited, or that is harmful or destructive to anyone or their property;
that transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited email, unsolicited commercial communications;
that transmits any harmful or disabling computer codes or viruses;
that harvests email addresses from this site;
that transmits unsolicited email to this site or to anyone whose email address included the domain name under on this Website;
that interferes with our network services;
that attempts to gain unauthorized access to our network services;
that suggests an express or implied affiliation with Lenderful or broker relationship with Lenderful (without the express written permission of Lenderful);
that impairs or limits our ability to operate this Website or any other person’s ability to access and use this Website;
that uses any methods, means or devices to click on to this Website or cause a visit to this Website for the purpose of manipulating the results of any Internet search engine, or for any other purpose other than conducting mortgage banking related business with Lenderful as a bona fide client of Lenderful;
that unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;
that harms minors in any way, including, but not limited to, transmitting or uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
that transmits or uploads pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;
that harms, threatens, harasses, abuses or intimidates another person in any way or involves images or content that depicts, promotes, encourages, indicates, advocates or tends to incite the commission of a crime or other unlawful activities;
that dilutes or depreciates the name and reputation of Lenderful or any of its affiliates;
that transmits or uploads any content or images that infringes any third party’s intellectual property rights or infringes any third party’s right of privacy; and/or
that unlawfully transmits or uploads any confidential, proprietary or trade secret information.

Regulation

Lenderful LLC is licensed as set forth in the Disclosures and Licenses section (available at lenderful.com/disclosures-and-licenses, which is incorporated into this Agreement by reference) and thereby required to comply with all applicable state and federal laws with respect to its operations (“Applicable Law”). The disclosures and consents required under Applicable Law are deemed to provided, received and agreed upon by your use of the Website.

Mortgage Loan Request Services

Service Options. In addition to certain general mortgage rate inquiry options, Lenderful offers two mortgage loan request inquiry services via the submission of an online form: 1) the Pre-Approval Service and 2) the Mortgage Application Service.

Scope of Service. Lenderful, a licensed mortgage broker, is an online mortgage platform company that works with U.S. based wholesale lenders (the “Lenders”) to provide borrowers with mortgage loan products to purchase homes or refinance their existing mortgages. By submitting an inquiry through the Mortgage Application Service or Pre-Approval Service (collectively, an “Inquiry”), you authorize Lenderful to provide information provided by you or third parties to Lenders and other third party service providers as necessary to complete your Inquiry. Lenderful does NOT make loans or issue commitments.

Lenderful is not acting as your agent or as the agent of any Lender. Lenderful does not endorse or recommend the products of any particular Lender. You should rely on your own judgment in deciding which available loan product, terms and Lender best suits your needs and financial situation. The Lender is solely responsible for its services to you, and you agree that Lenderful shall not be liable for any damages or costs arising out of or in any way connected with your use of its Services.

Certification of Accuracy. By clicking “submit” (or any button indicating acceptance) with respect to an Inquiry or other request for service, you are certifying that all of the information you have provided in your Inquiry or other request is true, accurate and complete to the best of your knowledge.

Service Coverage. The Website and the Services provided by Lenderful are available in connection with mortgage loans made on real property located in the State of Michigan. Loans may only be made to residents of, or secured by real property located in states where Lenders are licensed or otherwise authorized to make such loans. Lenders are not attempting to make loans outside of their authorized states or country by participating in and offering their products on the Website. Lenderful Lenders expressly reserve the right to discontinue, suspend or terminate the offering of any loan product in any specific state through the Website at any time, without prior notice.

Loan Availability and Loan Terms. Lenderful does not guarantee acceptance into any particular loan program or specific loan terms or conditions with any Lender; loan approval standards are established and maintained solely by individual Lenders. Likewise, Lenderful does not guarantee that the loan terms or rates offered and made available by Lenders are the best terms or lowest rates available in the market. A Lender’s offer may be subject to market conditions, approval and qualification. The rates and fees actually provided by Lenders 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 commitment or interest rate lock-in agreement. Lenders may not offer all products, and you might not be matched with the Lender making any specific offer.

Consent to Receive Communications. By saving your information with Lenderful or by completing or submitting an Inquiry, you hereby authorize Lenderful to make live or pre-recorded calls, emails, direct mailing or other communication to discuss, provide or remind you of any information with respect to your completion or submission of an Inquiry, including prompts and notices related to any incomplete Inquiry, the delivery of Inquiry matches, deadlines, quality of services or other matters in connection with your Inquiry. In addition, you consent to receive important notices, disclosures and other communications in electronic form (either by email or via the Internet) from Lenderful LLC and its Lenders. You understand that you will need, and have access to an email address, Internet access and PDF software to review the Disclosures and Communications. You have the right to receive any document in non-electronic form and to withdraw your consent to electronic delivery at any time by contacting Lenderful Customer Service at (248) 294-7410 or by emailing MyMortgage@lenderful.com.

In addition, by completing and submitting an Inquiry you are expressly authorizing and directing Lenderful to share your information with its Lenders and other affiliates for purposes of matching your Inquiry. You authorize such Lenders to contact you electronically, by telephone or through such other methods elected by you using the contact information that you have provided so they may assist you with your transaction. You hereby consent to any such telephone calls even if your phone number is on any Do Not Call list, or by email at the email address you provided or at another address that may be associated with you that we receive from Lenders or other parties 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. In addition, you are providing express written consent that Lenderful, a Lender with which you have been matched, or an associated third party service provider may use an automatic dialing system or by pre-recorded message in connection with calls made to any telephone number you entered, even if it is a cellular phone number or other service for which the called person(s) could be charged for such call. You agree to notify any particular Lender directly if you no longer want to receive communications from them.

When you submit information to Lenderful in connection with an Inquiry, create an account or otherwise register for services through Lenderful, you hereby understand and agree that you have established a business relationship between yourself and Lenderful, which is the owner of this site. Accordingly, Lenderful may share your information with its affiliates and Lenders/Partners as provided in the Consumer Privacy and Security Policy (available at lenderfulsolutions.com/privacy-policy, which is hereby incorporated by reference into the Agreement). In addition, you agree that Lenderful and its affiliates may contact you regarding offers of services and other opportunities available through Lenderful and its affiliates. Such communications may be telephonic, by email, direct mail, and/or text message. If at any time you do not wish to continue to receive such communications from Lenderful, you may notify Lenderful Customer Service at (248) 294-7410 or by emailing MyMortgage@lenderful.com.

Bank Secrecy Act. In order to help the government fight identity theft, the funding of terrorism and money laundering activities, and to help attempt to verify your identity, Lenderful and its Lenders may obtain, verify and record information that identifies each person who initiates an Inquiry. Lenderful and its Lenders may ask for your name, address, telephone number, date of birth and other important information including, but not limited to information received from your credit file, that will allow us and them to properly identify you. In addition, you acknowledge that Lenderful and the Lender with whom you are matched, may access your credit file even if your social security number is not provided (via a soft inquiry of credit) to perform its anti-money laundering due diligence and/or for other reasons in compliance with other federal regulations. In order to complete a formal pre-approval or formal loan application, Lenders will require your social security number. During the Lender application process, they may also request a driver’s license or other identifying documentation to further properly identify you. Any credit reports required in connection with a formal application for a mortgage loan will be requested by Lenderful.

Fees

Lenderful does not charge you a fee for its service in matching you with Lenders. Consequently, no fee payable to Lenderful will be reported on your final Loan Estimate or your Loan Closing Statement pursuant to the TILA-RESPA Rules. Lenderful, or its affiliates, are paid a fee by Lenders for the facilities and services provided thereby. A Lender you select may require you to pay an application or other fee to cover the costs of an appraisal, credit report or other items. The respective Lender, not Lenderful, will determine the amount of any such fee and should provide information to you regarding the refundability of any such fee. If you do in fact close a loan with a Lenderful network Lender, or any other Lender you choose, at closing you will be responsible for paying for any settlement or closing costs associated with your loan (such as loan processing, underwriting, or funding fees, title insurance premiums, notary fees, etc.).

Location

You understand and acknowledge that Lenderful controls and operates this Website from within the United States of America. This Website provides information regarding services and products that are made available in the United States only. We make no representation that the services or products about which information may be provided on this Website will be available (a) anywhere outside of the United States or (b) in every state within the United States. You acknowledge and agree that you are responsible for compliance with all federal, state and local laws applicable to your access to and use of this Website.

Copyright, Trademark and Service Mark Notices

You acknowledge and agree that: (i) all content, pages associated with the Website, source code, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, “look and feel”, and the operation of this Website (collectively “Website Content”) are protected by various intellectual property laws, including, but not limited to, copyrights, patents, trade secrets, trademarks, and service marks; and (ii) all rights associated with the Website Content are owned by Lenderful, its licensors, respective Lenders, affiliates or other content providers.

Furthermore, you acknowledge and agree that you do not acquire any ownership rights by downloading or viewing any Website Content. You further acknowledge and agree that you will not in any way copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, transmit, modify, adapt, reverse engineer, frame in any Web page, or alter the appearance of any Website Content.

You may not use Website Content, domain names (in whole or in part), or email addresses related to or derived from this Website, nor any data, trademarks, functionality, service marks, trade names, brand names and/or logos contained within or derived from this Website, for any purpose; meaning that you may not, among other prohibited uses, use any Website Content, domain names, email addresses, data, trademarks, service marks, trade names, brand names and/or logos on or derived from this Website:

in or as any meta-tag or hidden text;
in or as part of any contextual marketing directory, index, or triggering term;
as content or advertising related to any other Website including, but not limited to, comparative/informational Website; and/or
as a variable or data element in any algorithm that causes another Internet browser to appear on, over, or at the same time as the Company’s Website or controls the content of any other Internet browser window.

Disclaimers and Liability

Lenderful intends that the information contained in the Website be accurate and reliable; however, errors sometimes occur. The information is provided as a service to the general public over the age of eighteen and is subject to change without prior notice. In addition, changes and improvements to the information provided herein and are provided “as-is” without warranty of any kind, implied, expressed or otherwise. Under no circumstances will Lenderful be liable for any loss or damage caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Website.

THE WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS”. LENDERFUL AND/OR ITS AFFILIATES 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 LENDERFUL’S SERVICES IS AT YOUR OWN RISK. LENDERFUL AND/OR ITS AFFILIATES 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 LENDERFUL’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 LENDERFUL 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 LENDERFUL AND/OR ITS AFFILIATES 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.

Electronic Communications/Notices and Information Delivered Electronically

Lenderful and Lenders may choose to electronically deliver all information related to its services and your requests. The electronic communications to you made by Lenderful and Lenders 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, disclosures required by other state or federal laws or regulations, other terms, conditions and documents, and the privacy policies of Lenderful and Lenders.

You agree to receive all current and future notices, disclosures, communications and information, and to do business electronically with Lenderful and Lenders. This means that Lenderful and Lenders 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 Lenders 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.

You have the right to receive any document in non-electronic form and to withdraw your consent to electronic delivery at any time by contacting Lenderful Customer Service at (248) 294-7410 or by emailing MyMortgage@lenderful.com.

Use of This Website

You agree that Lenderful is not responsible for the security of any computers, hardware or mobile devices that you use to access and use this Website, and that Lenderful is not responsible for: (i) any viruses (including, without limitation, programs commonly referred to as “malware,” “keystroke loggers,” “trojans” and/or “spyware”) affecting such computers, hardware or devices; (ii) for any problems, malfunctions, data theft, or non¬-authorized submissions resulting therefrom; or (iii) for any related problems that may be associated with the use of any online or mobile network system. You agree that you are solely responsible for installing and maintaining reasonable and up-to-date security features, such as firewall and anti-virus and anti-spyware/malware software.

Privacy and Security

By providing your personal information to Lenderful or by completing or submitting an Inquiry, you are providing Lenderful with express written consent to retain and use all information you submit as permitted or required by Applicable Law. The Lenderful Consumer Privacy and Security Policy, hereby incorporated by reference into this Agreement, explains how Lenderful uses and protects the personal information about you that is collected through the Website, otherwise received directly from you, or transmitted by third parties in connection with your request for services.

In addition, you understand that Lenders may also keep your Inquiry information and any other information provided by Lenderful or otherwise received by them from you or unaffiliated third parties in the processing of your Inquiry, regardless of whether you are qualified for a loan or other product or service with them or otherwise enter into a transaction with them. Lenderful is not responsible for the data retention or information security and privacy controls implemented by any Lender or other third party.

Lenders may also from time-to-time be required to share your completed Loan information with Lenderful in accordance with Applicable Law. If your Inquiry results in a closed mortgage loan, you authorize Lenderful’s Lenders to provide information to Lenderful regarding the resulting loan, including, but not limited to, a HUD-1 settlement statement. NOTE: You are providing express written consent for Lenderful and the selected Lender to share this private personally identifiable information for these purposes, as well as for litigation, regulatory request(s), law enforcement requests, internal analytics and/or for marketing purposes.

Indemnification

As a condition of use of the Website and/or Lenderful’s services, you agree to indemnify Lenderful and its affiliates from and against any and all liabilities, expenses (including attorneys’ fees and court costs) and damages arising out of claims resulting from your use of the Website, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.

Links to Third Party Websites

The Website may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. Lenderful does not operate or control in any respect any information, software, products or services available on such websites. Lenderful’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 Website please note that Lenderful 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.

Force Majeure

Lenderful is not responsible for any errors or delays in responding to an Inquiry or other request or referral form caused by, including but not limited to, an incorrect email address or other contact information provided by you, or as a result of other technical problems or conditions beyond our reasonable control.

Revisions and Modifications

You agree and acknowledge that we may revise or change these Terms of Use at any time, without notice to you, and you agree that you will be bound by the provisions of these Terms of Use as they appear on this Website at the time you access this Website. Because these Terms of Use may change, we encourage you to refer back often to these Terms of Use. In addition, you agree and acknowledge that all other content, services, products and materials on or available through this Website are subject to updating and revision without notice to you. You further acknowledge and agree that individual modifications to the Terms of Use may not be altered by contract, unless expressly permitted in writing by the President of Lenderful.

Other Terms

This Agreement (which hereby incorporates by reference any other provisions applicable to use of the Website, including, but not limited to, any supplemental terms governing the use of certain specific material contained in the Website and any operating rules or policies for the Website established by Lenderful) constitutes the entire agreement between you and Lenderful and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Lenderful with respect to the Website and information, software, products and services associated with it.

Governing Law and Jurisdiction

All matters relating to the Website and this Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule (whether of the State of Michigan or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, this Agreement or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Michigan in each case located in the City of Pontiac and County of Oakland, although we retain the right to bring any suit, action or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Severability

You agree that if any provision of these Terms of Use shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of such other provisions.

PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS

Terms of Use Agreement