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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.

eLoanMatch operates this Web site. For purposes of this Agreement, "eLoanMatch" means eLoanMatch.com

SECURITY POLICY

eLoanMatch uses extensive and sophisticated secure technology to protect your data and transmissions between you, eLoanMatch, banks, lenders and loan brokers participating in this Web site (we refer to all of these as "Lenders"), and real estate professionals participating in this web site (the "real estate professionals"). Here are the highlights:

Transmission between browsers and our web server is implemented using Secure Sockets Layer (SSL) technology. This technology requires an SSL-capable browser such as MS Internet Explorer 3.0 (or later) or Netscape Navigator 2.0 (or later).
Transmissions between eLoanMatch and participating Lenders or eLoanMatch and real estate professionals are encrypted using public key cryptography algorithms with a minimum key size of 128 bits.

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.

 

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