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Table Of Contents
- Terms Of Use Agreement for All Services and Uses Of The Websites
- Consumer Information Security Policy
- Mortgage Loan Request Services
- Terms Applicable to All Mortgage Loan Request Services
- Traditional (Full-Form) LendingTree Loan Request Service
- QuickMatch and GetSmart Loan Request Services
- Non-Mortgage Loan Request Services
- Terms Applicable to All Non-Mortgage Loan Request Services
- LendingTree and GetSmart Non- Mortgage Loan Request Services
- Additional Terms Applicable to Auto Loan Request Services
- Additional Terms Applicable to Credit Card, Personal Loan and Commercial Loan Request Services
- Additional Terms Applicable to Student Loan Request Service
- Non-Loan Request Products and Services
- Terms Applicable to All Non-Loan Request Products and Services
- Realty Services
- Copyright, Trademark and Service Mark Notices
- Disclaimers And Liability
- Electronic Communications/Notices and Information Delivered Electronically
- Privacy Policy
- Indemnity
- Links To Third Party Websites
- Errors And Delays
- Dispute Resolution
- Other Terms
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 or divisions, 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 LendingTree, LLC offered through alternative methods, including persons that allow
others to provide information about themselves to LendingTree, the banks, lenders and brokers on LendingTree's
network ("Lenders"), Providers (as defined in section 5) or real estate professionals (as defined in section 6).
"LendingTree", "us" or "we" means, but is not limited to the following entities:
- LendingTree, LLC
- LT Realty Services and LendingTree, Inc. in CA
- LT Technologies, LLC
- LendingTree, Inc. (MN, MT, NH, NJ, OH, PA, TN, UT, WV)
- LendingTree, LLC d/b/a LT Technologies (NY, TX)
- 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, VT, WY)
- Loan Center, Inc. (WA)
- HLC Escrow, Inc.
- LendingTree Settlement Services, LLC
- LendingTree Alabama Title Services, LLC
- iNest Realty, Inc.
- and their divisions /service groups (including, but not limited to, LendingTree Loans, LT Loans (NV),
Domania.com, Online Home Center (NH), LT Realty Services, RealEstate.com, RealEstate.com REALTORS®, ServiceMagic
Home Loans, ServiceMagic Real Estate, Get Smart, GetSmart.com, LendingTree's RealEstate.com REALTORS® (NH)).
REALTOR® is a federally registered collective membership mark which identifies a real estate professional who is
a Member of the NATIONAL ASSOCIATION OF REALTORS® and subscribes to its strict Code of Ethics.
LendingTree 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.
LendingTree 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 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 directly from you or transmitted
to or from third parties.
3. MORTGAGE LOAN REQUEST SERVICES
LendingTree offers two mortgage loan request services, each of which is explained in more detail below.
- The first service option is the LendingTree process that occurs when you complete a traditional (full-form)
LendingTree loan request and get matched with Lenders who will respond with conditional loan offers.
- The second service option is LendingTree’s QuickMatch or GetSmart service, which you may either (i) select
prior to completing the full-form loan request or (ii) directly select. If you select the QuickMatch or GetSmart
service, we will match you with Lenders on LendingTree’s GetSmart network using a subset of the information
contained on the full-form LendingTree loan request. Because these matches are generated from a subset of
information from the full-form loan request, the Lenders on the GetSmart network will not be able to
respond with customized offers until they speak with you to get additional information. QuickMatch is not
available for all loan programs.
A. Terms Applicable to All Mortgage Loan Request Services
LendingTree is a computerized loan originator for mortgage loans and performs computerized loan origination services
for Lenders and is compensated for such services by the Lenders. Lenders are not to directly charge you any
computerized loan fee and the fee should appear on your settlement statement. Depending on the Lender, the computerized
loan origination fee paid by the Lender may be included in your rate, points or loan terms. Although some state licensing
laws treat fees paid in exchange for computerized loan origination services as mortgage broker fees or origination fees,
this is not the case under federal law. LendingTree is not a lender nor is acting as a lender or broker and does not make
loans or credit decisions in connection with loans. LendingTree does not endorse or recommend the products of any particular
Lender. Except as otherwise provided for your state (please see the Licenses and Disclosures section of the Websites), LendingTree
is not an agent of you or any Lender. LendingTree's services are only administrative. You should rely
on your own judgment in deciding which available loan product, terms and Lender 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. You understand that Lenders may
keep your loan request information and any other information provided by LendingTree or received by them in the processing
of your loan request, whether or not you are qualified for a loan with them or if you make a loan with them. You agree to
notify any particular Lender directly if you no longer want to receive communications from them.
The Websites and the services provided by LendingTree 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 Lenders are licensed or 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 Websites. LendingTree Lenders expressly reserve 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 LendingTree 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. LendingTree 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, LendingTree 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 as well as not offer products in all states. You might not be matched
with the Lender making any specific offer. To help the government fight identity theft, the funding of terrorism and money
laundering activities, Lenders will obtain, verify and record information that identifies each person who opens an account
with them. They 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, they may also ask to see your driver’s license or
other identifying documentation.
LendingTree is paid a fee by Lenders for the goods, facilities and services provided. Regardless whether you obtain a loan
from LendingTree’s network of Lenders or through Home Loan Center, Inc. / LendingTree Loans, 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.). LendingTree does not charge you a fee for its service in
matching you with Lenders including LendingTree Loans.
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 LendingTree to each of the Lenders to whom your loan request
is transmitted. By submitting the loan request containing your electronic signature, you are extending an express invitation
to each Lender you have been matched with 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, 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. By saving your information with LendingTree or by doing a submission, you give LendingTree
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, the deliver of loan request matches,
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.
B. Traditional (Full-Form) LendingTree Loan Request Service
LendingTree seeks to provide you multiple conditional loan offers either through its network of nonaffiliated Lenders or
though its affiliate, Home Loan Center, Inc. (doing business as LendingTree Loans, as defined in this section). By submitting
the full-form LendingTree loan request form, you authorize LendingTree to provide information provided by you or third
parties either to Lenders on the LendingTree network or to LendingTree Loans, along with any additional lenders or investors
necessary to complete your loan transaction. You also authorize LendingTree, its Lenders and LendingTree Loans, along with
any additional Lenders or 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.
LendingTree Network of Lenders. LendingTree seeks to provide you multiple conditional loan offers through its network
of nonaffiliated Lenders (U.S. based banks, thrifts, mortgage brokers, mortgage bankers and finance companies). To view
LendingTree’s network of Lenders, click here.
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. LendingTree will provide your information to up to five Lenders whose
criteria match your profile. If fewer than five Lenders match your profile, you will receive conditional loan offers from
fewer than five Lenders. If more than five Lenders match your profile, LendingTree will match you with five Lenders with a
preference for those Lenders that have the highest customer satisfaction scores and the best record of making loans to
previous LendingTree 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 as well as LendingTree Loans.
If offered to you, you can also authorize LendingTree to simultaneously submit a loan request to its GetSmart network if
LendingTree cannot match you with five Lenders who make you conditional loan offers. LendingTree will attempt to match you
with Lenders that can make conditional loan offers first then use its GetSmart network using the process described in the
section below entitled "QuickMatch and GetSmart Services". NOTE – If you close a loan with a Lender that does not provide
an initial conditional loan offer (that is, from the QuickMatch or GetSmart programs), you will not be eligible for any
incentives related to closing your loan. You are only eligible for such incentives by going through an affinity partner,
filling out the full-form loan request, closing with a Lender from the traditional (full-form) LendingTree loan request
service, and meeting all other requirements for the incentive. In the QuickMatch and GetSmart services, you may be matched
with other Lenders including LendingTree Loans.
LendingTree Loans. LendingTree, LLC has an affiliate, Home Loan Center, Inc. which, depending on the state, is licensed in
different names and which does business as LendingTree Loans, which, depending on the state, may conduct business under
different names (referred to collectively as "LendingTree Loans"). Depending on your credit history and the type of loan you
request, you may be matched solely with LendingTree Loans instead of with the LendingTree network of Lenders. If matched with
LendingTree Loans, you will speak with a single loan officer and will be provided with up to four conditional loan offers
based on the rates and terms provided to LendingTree Loans by its wholesale mortgage banks and investors. These wholesale
mortgage banks and investors update their pricing with LendingTree Loans from time-to-time (often daily) and compete for
LendingTree’s 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. On occasion, LendingTree Loans 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". All loans are originated and closed by Home Loan Center, Inc., then
sold to the wholesale mortgage bank or investor named in the final loan offer you select.
As always with LendingTree, you may review the conditional loan offers and talk to a LendingTree Loans loan officer at no cost.
As in the case of most lenders, once you select a conditional loan offer, LendingTree Loans 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.
Affiliated Business Arrangement Disclosure. By law, we are required to disclose that Home Loan Center, Inc. is an
affiliate of LendingTree and we are required to provide you an Affiliated Business Arrangement Disclosure (click
here for the disclosure form). If you are matched
with LendingTree Loans, you are not required to use it. If you would prefer to receive conditional loan offers from multiple
lenders and speak with multiple loan officers from the LendingTree network of Lenders, please contact LendingTree Customer Care
at 1.888.272.1355, to have your loan request provided to the LendingTree network of Lenders.
C. QuickMatch and GetSmart Loan Request Services
By submitting the shorter LendingTree QuickMatch or GetSmart loan request form, you authorize LendingTree to provide your
information to up to five Lenders including its affiliate, Home Loan Center, Inc., which, depending on the state, is licensed
in different names. The Lenders in this program will be on LendingTree’s QuickMatch or GetSmart network (QuickMatch and
GetSmart are services offered by LendingTree). These Lenders may not be shown on LendingTree’s Lender Scorecard. NOTE –
If you use the QuickMatch or GetSmart program, you will not be eligible for any incentives related to filling out the
traditional (full-form) LendingTree loan request or closing your loan. You are only eligible for such incentives by going
through an affinity partner, filling out the traditional (full-form) loan request and meeting all other requirements for the
incentive.
In the QuickMatch or GetSmart process, 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. The Lenders you are matched with may later require a Social Security
Number to proceed with your loan request. If you elect this option, you authorize LendingTree to provide information that
you provided or that LendingTree has or may receive to up to five Lenders, along with any additional lenders or investors
necessary to complete your loan transaction, on the LendingTree QuickMatch or GetSmart network. You also authorize QuickMatch,
GetSmart and their Lenders, along with any additional lenders or 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.
Affiliated Business Arrangement Disclosure. By law, we are required to disclose that Home Loan Center, Inc. is an
affiliate of LendingTree, LLC and we are required to provide you an Affiliated Business Arrangement Disclosure (click
here for the disclosure form). If you are
matched with Home Loan Center, Inc., you are not required to use it.
4. NON-MORTGAGE LOAN REQUEST SERVICES
LendingTree offers non-mortgage (including automobile loan, commercial loan, credit card, personal loans and student loan) loan
request services, explained in more detail below.
A. Terms Applicable to All Non-Mortgage Loan Request Services
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. LendingTree is not an agent of either you or any Lender.
LendingTree's services are only administrative. You should rely on your own judgment in deciding which available loan
product, terms or Lender 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. You understand that Lenders may keep your loan request information and any other
information provided by LendingTree or received by them in the processing of your loan request, whether or not you are qualified
for a loan with them or if you make a loan with them. You agree to notify any particular Lender directly if you no longer want
to receive communications from them.
The Websites and the services provided by LendingTree are available in connection with non-mortgage loans unless otherwise
specified. Loans may only be made to residents of states where Lenders are licensed or 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 Websites. LendingTree and Lenders expressly reserve 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 LendingTree 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. LendingTree 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, LendingTree 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 conditional loan 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 (if applicable) 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 as well as not offer products in all states. You might not be matched with the
Lender making any specific offer. To help the government fight identity theft, the funding of terrorism and money laundering
activities, Lenders will obtain, verify and record information that identifies each person who opens an account with them.
They 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, they may also ask to see your driver’s license or other
identifying documentation.
LendingTree is paid a fee by Lenders for the goods, facilities and services provided. Your use of the Websites and/or
LendingTree's services constitutes your agreement with this compensation arrangement. At closing, you will be responsible
for paying for any closing costs associated with your loan (such as loan processing, underwriting or funding fees).
LendingTree does not charge you a fee for its service in matching you with Lenders.
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 LendingTree to each of the Lenders to whom your loan request
is transmitted. By submitting the loan request containing your electronic signature, you are extending an express invitation
to each Lender you have been matched with 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,
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. By saving your information with LendingTree or by doing a submission, you give
LendingTree 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, the deliver of loan request matches,
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.
B. LendingTree and GetSmart Non-Mortgage Loan Request Services
The LendingTree and GetSmart services provide for multiple loan conditional offers through their networks of nonaffiliated
Lenders. By submitting the loan request form, you authorize LendingTree to provide information provided by you or that
LendingTree including GetSmart has or may received from others, to Lenders on their networks, along with any additional
Lenders or investors necessary to complete your loan transaction. You also authorize LendingTree including GetSmart and
its Lenders along with any additional Lenders or 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. In the GetSmart process, 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. The Lenders you are matched
with may later require a Social Security Number to proceed with your loan request.
To determine which Lenders may be matched with you, Lenders provide us criteria about the type of loan (for example, loan
amount or credit terms) and the type of loan customer (for example, state of residence or creditworthiness) in which the
Lender is interested. LendingTree will provide your information to up to five Lenders whose criteria match your profile.
If fewer than five Lenders match your profile, you will receive conditional loan offers from fewer than five Lenders.
NOTE – If you use the GetSmart program, you will not be eligible for any incentives related to filling out the full-form
LendingTree loan request or closing your loan. You are only eligible for such incentives by going through an affinity partner,
filling out the full-form loan request and meeting all other requirements for the incentive.
C. Additional Terms Applicable to Auto Loan Request Services
If you request an auto or motorcycle loan and qualify for the
Car.com,
CarLoan.com or
RoadLoans, LendingTree
may also provide your information with one of the lenders, providers or third party marketing companies in that program. In
addition, you may be matched with one or more lenders offering unsecured conditional loans with which you could finance your
auto or motorcycle.
D. Additional Terms Applicable to Credit Card, Personal Loan and Commercial Loan Request Services
If you request a credit card, personal loan or commercial loan, LendingTree may also provide your information with one of the
lenders or providers in that program.
E. Additional Terms Applicable to Student Loan Request Service
Private student loans offered through LendingTree Lenders do not require school certification and the proceeds are disbursed
in the form of a check mailed directly to you, or if more than one person, the person with the stronger credit profile.
The interest rates and loan fees associated with private student loans are generally higher than the interest rates and loan
fees associated with federal certified loans. The proceeds of your loan must be used for educational purposes.
All loans are subject to credit approval. Interest rates and loan fees vary and are based upon borrower and/or cosigner (where
applicable), credit score and other underwriting criteria.
When Lenders receive your loan request, they are not agreeing to lend you money and there will not be such an agreement until
the time that the loan is actually disbursed to you. Lenders have the right to accept or reject your cosigner and lend an
amount less than the amount requested.
In addition, by submitting your loan request, you authorize the Lenders to verify the accuracy and authenticity of all
information supplied by you both internally and with the assistance of non-affiliated third parties. Specifically, you
authorize the Lenders to verify your enrollment status with your school and other organizations and to verify your
employment status by contacting your employer. Lender may also verify any income information that you provide. In all
cases, Lender may disclose the fact that you are applying for credit from Lender.
If your loan request is conditionally approved, the amount and other details of your offered loan, including the interest
rate and loan fee, will be disclosed to you in a Truth-in-Lending Disclosure Statement that you will receive with your Student
Loan Promissory Note. If after reviewing the terms of the Promissory Note, you determine that you want the offered loan, you will:
1. Review and sign the Promissory Note along with your cosigner (if applicable).
2. Return the signed original Promissory Note within sixty (60) days of receipt; and
3. Return any additional documentation requested by Lender.
Notice For Married Wisconsin Residents.
No provision of a marital property agreement (pre-marital agreement), a unilateral statement under Section 766.59 of the
Wisconsin Statutes, or a court decree under Section 766.70 of the Wisconsin Statutes adversely affects the interest of the
creditor unless, prior to the time the credit is granted, the creditor is furnished a copy of the marital property agreement,
statement, or decree or has actual knowledge of the adverse provision when the obligation to the creditor is incurred. If the
loan for which you are applying is granted, your spouse will also receive notification that credit has been extended to you.
5. NON-LOAN REQUEST PRODUCTS AND SERVICES
LendingTree offers numerous non-loan request products and services on the Websites. You can access these products and
services when you complete a request and get matched with third party providers ("Provider" includes any third-party affiliate or
finder of a Provider) who will respond with conditional offers for products or services. The Providers may not respond with
customized offers (if available) until they speak with you to get additional information.
A. Terms Applicable to All Non-Loan Request Products and Services
LendingTree is not a provider of products or services and does not make any decisions in connection with the products or
services offered by Providers. LendingTree does not endorse or recommend the products or services of any particular Provider
on any of its Websites. LendingTree is not an agent of either you or any Provider. LendingTree's services are only administrative.
You should rely on your own judgment in deciding which available product or service and Provider best suits your needs and
financial means. The Provider 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 products or services. You
understand that Providers may keep your request information and any other information provided by LendingTree or received by
them in the processing of your request, whether or not you are qualified for the product or service with them or if you acquire
a product or service with them. You agree to notify any particular Provider directly if you no longer want to receive
communications from them.
Products and services may only be made to residents of states where Providers are licensed or authorized to make such products
or services available. LendingTree and Providers expressly reserve the right to discontinue, suspend or terminate the offering
of any loan product or service in any specific state through the Websites at any time, without prior notice.
The data and other information you may provide LendingTree is not, and is not treated as, an application for that product or
service. LendingTree does not guarantee acceptance into any particular program or specific term or condition with any Provider;
approval standards are established and maintained solely by individual Providers. Likewise, LendingTree does not guarantee that
the terms or rates for the products or services offered and made available by Providers are the best terms or lowest rates
available in the market. A Provider's products or services may be subject to market conditions, approval and qualification.
The terms and rates actually provided by Providers may be higher or lower depending on your individual financial profile, your
location and other considerations. Unless expressly stated in writing, nothing contained herein shall constitute an offer or
promise for a product or service. Providers may not offer all products or services as well as not offer products or services
in all states. You may not be matched with the Provider making any specific offer.
LendingTree is paid a fee by either the Provider or a third party "finder" (if the finder markets for or to the Provider) for
the goods, facilities and services LendingTree provided. Your use of the Websites and/or LendingTree's services constitutes your
agreement with this compensation arrangement. You will be responsible for paying for any cost associated with the product or
service. LendingTree does not charge you a fee for its services.
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 product or service through LendingTree to each of the Providers to whom your request is
transmitted. By submitting the request containing your electronic signature, you are extending an express invitation to
each Provider 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, or by email at the email
address you provided or at another address that may be associated with you that we receive from Providers 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. By saving your information with LendingTree or by doing a submission, you give LendingTree 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 requests, the deliver of request matches, deadlines, quality of services or other
matters in connection with your request. For any service, you represent that all of the information you have provided in your
submission and request is true and complete.
LendingTree seeks to provide products and services offered through its network of nonaffiliated Providers or their third
party finders. By submitting the request form, you authorize LendingTree to provide information that you provided or that
LendingTree has or may received from others to Providers or their finders, along with any additional providers necessary to
complete your transaction. You also authorize LendingTree and its Providers and finders along with any additional providers
necessary to complete your transaction, to request from one or multiple credit bureaus /reporting agencies, your credit
bureau report including any ancillary credit scores or ratings.
6. REALTY SERVICES
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 to LendingTree and its network or real estate professionals ("real estate professionals"). Further,
that you are representing all of the information you have provided in the 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 certain geographic areas, LendingTree lists and sells homes. However, 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, and for its services, LendingTree receives a real estate brokerage referral fee of up to 35% of the
local broker's commission. Your use of the Websites 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 either as 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.
Real Estate Create an Account/Registration. By creating an account or otherwise registering with this site, you hereby
understand and agree that you have established a business relationship between you and LendingTree, LLC, which is the owner
of this site. As such, you agree that LendingTree may contact you using information you provided with information and offers
of services available through LendingTree and the Websites. You hereby consent to any such communication or phone calls even
if your phone number is on any Do Not Call list.
7. COPYRIGHT, TRADEMARK AND SERVICE MARK NOTICES
All contents of the Websites are: Copyright © 1998 -
LendingTree, LLC and/or its suppliers, Lenders, Providers or real
estate professionals, 11115 Rushmore Dr., Charlotte, NC 28277, U.S.A. All rights reserved. LendingTree is a service mark of
LendingTree, LLC. Other product and company names mentioned herein, including the names of Lenders, may be the trademarks of
their respective owners.
Nothing on the Websites should be construed as granting, by implication, estoppel 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 LendingTree or the applicable Mark holder specific for each such use. The Marks may not be used to
disparage LendingTree, the Lenders, 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 LendingTree 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. LendingTree 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 LendingTree 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
LendingTree 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 LendingTree at any time. Under no
circumstances will LendingTree 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
LendingTree, Lenders, Providers and real estate professionals may choose to electronically deliver all information related to
its services and your requests. LendingTree, Lenders, 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 LendingTree, Lenders, Providers and real estate professionals.
You agree to receive all current and future notices, disclosures, communications and information, and to do business
electronically with LendingTree, Lenders, Providers and real estate professionals. This means that LendingTree, Lenders,
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 Lenders, 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 GetSmart 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 LendingTree's services, you agree to indemnify LendingTree and its suppliers,
Lenders, 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. LendingTree does not operate or control in any respect any information, software, products or services
available on such websites. LendingTree'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 LendingTree 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
LendingTree 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
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. 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 LendingTree'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 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.
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 LendingTree) 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 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 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.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
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