Although eLoanMatch has taken these reasonable and appropriate
measures to ensure that your personal information is
delivered and disclosed only in accordance with your
instructions, eLoanMatch cannot and does not guarantee
that the personal information you provide will not be
intercepted by others and decrypted.
LOAN ORIGINATION SERVICES
eLoanMatch offers three services, each of which is explained
in more detail below.
1. The first is the traditional eLoanMatch process that
occurs when you complete a full eLoanMatch application
and get matched with Lender(s) who will respond with
loan offers.
2. The second option is eLoanMatch’s Direct Exclusive
Phone Connect service, which you may select prior to
completing the full loan request. If you select the Direct
Exclusive Phone Connect service, we will match you directly
with eLoanMatch Lenders via toll free telephone numbers.
Because these matches are generated directly and without
filling out an eLoanMatch application form, lenders will
not be able to respond with customized offers until they
speak with you to get additional information. Direct
Exclusive Phone Connect service is only available with
participation lenders.
3. Incomplete eLoanMatch applications may be supplied
to eLoanMatch lenders only if you have pressed the “Submit” button,
but then choose not to complete prompted required information.
In either case, you represent that all of the information you have
provided in your loan request is true and complete. By choosing an
option and submitting your loan request form, you also agree to and
accept this Agreement in its entirety.
ELoanMatch (Full-Form) Application
ELoanMatch arranges for multiple loan offers through
its network of nonaffiliated Lenders. By submitting the
full eLoanMatch loan request form, you authorize eLoanMatch
to provide your information to Lenders on the eLoanMatch
network. eLoanMatch Network of Lenders. eLoanMatch may
arrange for multiple offers through its network of nonaffiliated
Lenders (U.S. based banks, thrifts, and finance companies).
To determine which Lenders may be matched with you,
Lenders provide to us criteria about the type of loan
(for example, loan amount, whether purchase, refinance,
or equity loan) and the type of loan customer (for example,
state of residence or creditworthiness) in which the
Lender is interested. eLoanMatch will provide your information
to up to four Lenders whose criteria match your profile.
If fewer than five Lenders match your profile, you will
receive offers from fewer than five Lenders. If more
than five Lenders match your profile, eLoanMatch will
match you with four Lenders with a preference for those
Lenders that have the highest customer satisfaction scores
and the best record of making loans to previous eLoanMatch
customers. (If you are requesting a home equity loan
or home equity line of credit, we may match you with
up to four Lenders based on the above criteria.
Responsibility for Settlement and Closing Costs.
When you obtain a loan from eLoanMatch’s network
of Lenders, 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.). eLoanMatch
does not charge you a fee for its service in matching
you with.
Direct Exclusive Phone Connect Service
By contacting an eLoanMatch network lender directly
via toll free phone number provided, you are connected
directly to an eLoanMatch network lender. The Lenders
in this program will be subscribed to the eLoanMatch
Direct Exclusive Phone Connect Service. This service
is subject to the participating lenders hours of operation,
privacy and security policies, and terms. These lenders
are certified by eLoanMatch. NOTE – If you use
the Direct Exclusive Phone Connect Service program you
will not be eligible for any incentives related to filling
out the full eLoanMatch loan request application or closing
your loan. You are only eligible for such incentives
by filling out the full loan request application and
meeting all other requirements for the incentive.
In the Direct Exclusive Phone Connect Service process,
you may be given the option to provide your Social Security
Number and/or have your credit pulled by the participating
lender. If you elect this option, you authorize the eLoanMatch
network lender to check your credit history, and not
eLoanMatch. eLoanMatch will never ask for your Social
Security Number or pull your credit history. You further
authorize the Lenders, along with any additional Lenders
or investors necessary to complete your loan transaction
and to check your credit history.
Incomplete eLoanMatch application form
An incomplete application form may also be supplied
to up to four eLoanMatch network lenders if form is submitted
by pressing “Submit,” but additional required
fields are not filled out. If this occurs , terms of
full-form application apply.
Terms Applicable to All Loan Services
eLoanMatch is not a lender and does not make loans or
credit decisions in connection with loans. eLoanMatch
does not endorse or recommend the products of any particular
Lender on any of its websites. eLoanMatch is not an agent
of either you, the User, or any participating Lender.
eLoanMatch'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 eLoanMatch 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. You understand that Lenders may keep your loan
request form, whether or not you are qualified for a
loan with them.
This Web site and the services provided by eLoanMatch
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. eLoanMatch 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.
eLoanMatch 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, eLoanMatch 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.
eLoanMatch does not charge you, the User, a fee to use
our service. eLoanMatch is paid a fee by participating
Lenders for the goods, facilities and services provided.
Your use of this Web site and/or eLoanMatch's services
constitutes your agreement with this compensation arrangement.
By hitting submit or requesting to be matched with Lenders under either
of the programs, you understand and agree that you are submitting an
inquiry as to a lending product 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 the Lenders making you loan offers
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 list
REAL ESTATE SERVICES
All of the information you have provided in the application form is
true and complete. You authorize eLoanMatch to forward your information
to its network of real estate professionals. You further understand
and agree that by submitting your application form, 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 the application form or 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. ELoanMatch does not
list or sell homes. Instead, real estate brokerage activities are
performed by local licensed real estate brokers. ELoanMatch acts
as a referring broker by referring you to a local real estate broker,
and for its services, eLoanMatch receives a payment for the application
form an a real estate brokerage referral fee upon closing. This fee
is paid by the seller of the home. Your use of this Web site and/or
eLoanMatch's services constitutes your agreement with this compensation
arrangement.
Real Estate Create an Account/Registration
By creating an account, submitting the application form
or otherwise registering with this site, you hereby understand
and agree that you have established a business relationship
between you and eLoanMatch, which is the owner of this
site. As such, you agree that eLoanMatch may contact
you using information you provided with information and
offers of services available through eLoanMatch and any
of its websites. You hereby consent to any such communication
or phone calls even if your phone number is on any Do
Not Call list.
DISCLAIMERS AND LIMITATIONS
eLoanMatch 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 eLoanMatch at any time. THIS WEB SITE AND THE INFORMATION,
SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS
IS." eLOANMATCH 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 eLOANMATCH'S SERVICES IS AT YOUR OWN RISK.
eLOANMATCH 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
eLOANMATCH'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 THIS WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH
OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF eLOANMATCH 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 eLoanMatch's services,
you agree to indemnify eLoanMatch 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 this Web site, 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.
eLoanMatch does not operate or control in any respect any information,
software, products or services available on such Web sites. eLoanMatch'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
eLoanMatch 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 eLoanMatch, or to
any acts or omissions for which you may contend eLoanMatch 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 Marion County, Indiana 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 eLoanMatch. In any arbitration, eLoanMatch 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 Marion County, Indiana. 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 eLOANMATCH 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 eLoanMatch'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 eLoanMatch, the
parties agree that jurisdiction over and venue of any
suit shall be exclusively in the state and federal courts
sitting in Marion County, Indiana. 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 eLoanMatch
and it supersedes all prior or contemporaneous communications, promises
and proposals, whether oral, written or electronic, between you and
eLoanMatch 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 Indiana, 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.
PLEASE PRINT AND RETAIN A COPY
OF THIS AGREEMENT FOR YOUR RECORDS.