Terms Of Service & Use Agreement
Last Updated: November 4th, 2020
Table Of Contents
Terms of Service Agreement
Tasks that are primarily the responsibility of Client’s personnel will remain Client’s responsibility, even if Leader assists Client in performing such tasks. Client agrees that Leader may rely on all Client decisions and Client approvals with regard to the Services conveyed to Leader.
2. Confidential Information. Leader and Client acknowledge that in the course of this Agreement, each Party may come into contact with Confidential Information of the other Party. Confidential Information shall include user or customer information, sales and website statistics, advertising performance, Leader software platforms, business financials, employee lists, and any other information of such a nature that a reasonable person would believe it to be confidential, whether or not the information was marked as such. Both parties agree to treat Confidential Information of the other Party with the same or higher degree of protection and care with which they treat their own Confidential Information, and to return or destroy any copies of Confidential Information upon Termination or upon the written request of the other Party, provided that one copy may be preserved for archival purposes as may be required by law. Confidential Information shall not include any information that was previously known lawfully to either Party, has been independently developed by either Party, or is required to be disclosed by the order of a governmental agency, legislative body or a court of competent jurisdiction. The foregoing notwithstanding, Client’s status as a client of Leader shall not be Confidential Information, and Leader shall be permitted to share aggregate and/or anonymized Client results in its own marketing efforts.
3. Payment. All fees or payments in this contract refer to U.S. dollars. Any fees owed to Leader and remaining unpaid after thirty (30) days shall incur the higher of (a) a $25 late fee for each month or portion thereof that any balance remains unpaid; or (b) accrue interest at the highest rate allowed by law. If collection procedures are required, Client shall pay all expenses of collection and all reasonable attorneys’ fees and costs incurred by Leader in connection with such collection proceeding, regardless of whether or not a suit is filed. Failure of Client to make any payment of any Fees when due shall be deemed to be a material breach of this Agreement and shall be sufficient cause for the immediate suspension of Leader’s provision of services.
4. Representations and Warranties. Leader MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES, THE DELIVERABLES, THE KNOW-HOW, THEIR USE OR PERFORMANCE, THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREIN, WHETHER EXPRESS, IMPLIED, STATUTORY, ORAL, IN WRITING OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, OR WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, AND THE SAME ARE HEREBY EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CLIENT FROM Leader, ITS LICENSOR(S) OR ANY AFFILIATES SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
5. Limitation of Liability. NEITHER Leader AND ITS AFFILIATES, NOR ITS AND THEIR RELATED PARTIES SHALL BE LIABLE
FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR INTERRUPTION OF BUSINESS, LOST PROFITS, LOSS OF GOODWILL, LOSS OF REVENUE, LOSS OF ECONOMIC ADVANTAGE, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ETC.) ARISING OUT OF OR RELATED TO THE SERVICES, THE DELIVERABLES OR THE KNOW-HOW, THE USE OR
PERFORMANCE OF SUCH DELIVERABLES AND KNOW-HOW, THIS AGREEMENT OR ANY SOW, OR THE TRANSACTIONS CONTEMPLATED HEREIN OR THEREIN, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND/OR STRICT LIABILITY), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE, EVEN IF Leader AND ITS AFFILIATES, AND ITS AND THEIR RELATED PARTIES, HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE MAXIMUM AGGREGATE LIABILITY OF Leader AND ITS AFFILIATES, AND ITS AND THEIR RELATED PARTIES, FOR DAMAGES, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE AMOUNT EQUAL TO THE FEES ACTUALLY PAID BY CLIENT AND RECEIVED BY Leader UNDER THIS AGREEMENT PURSUANT AND ANY APPLICABLE SOW(S). CLIENT ACKNOWLEDGES AND AGREES THAT THE NEGATION OF DAMAGES AND THE LIMITATION OF LIABILITY HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN UNDERLYING THIS AGREEMENT AND EACH SOW AND REFLECT A FAIR ALLOCATION OF RISK. THE SERVICES WOULD NOT BE PERFORMED, AND THE DELIVERABLES AND KNOW-HOW WOULD NOT BE CREATED AND/OR PROVIDED, WITHOUT SUCH LIMITATIONS AND THE PARTIES EXPRESSLY AGREE THAT THE LIMITATION AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, IN SUCH JURISDICTIONS, THE PARTIES AGREE THAT THE LIABILITY OF Leader AND ITS AFFILIATES, AND ITS AND THEIR RELATED PARTIES, SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH JURISDICTION. Leader shall not be liable for any failure or delay caused by events beyond Leader’s reasonable control, including, without limitation, Client’s or a third party’s failure to furnish necessary information; sabotage; failure or delays in transportation or communication; failures or substitutions of equipment; strikes; riots; labor disputes; accidents; acts of God; or technical failures.
6. Indemnification. Client shall defend, indemnify and hold harmless Leader and its Related Parties from and against any and all losses, causes of action, claims, allegations, liabilities, costs, damages and expenses whatsoever (including, without limitation, reasonable attorneys’ fees), regardless of the form of action (“Claim”), and shall promptly reimburse Leader for all Claims, arising out of or in connection with: (a) any Claim that any text, work, material or content requested, specified or provided by Client, including without limitation for use in conjunction with the Services or incorporated into any deliverable violates or infringes any applicable regulation or proprietary or intellectual property right of any third party; (b) any third party Claim caused by, relating to or arising out of the sale, conveyance or other disposition (or attempt to do the same) of goods or services offered by Client; (c) made by a third party against Client through social media networks managed by Leader, or in response to content published or shared by Leader on the Client’s behalf or (d) any third party Claim caused by, relating to or arising out of an alleged breach of any representation, warranty, covenant or other term or condition of this Agreement by Client.
7. Non-Solicitation of Employees. Without the prior written consent of Leader, the Client shall not, during the term of this Agreement and for a period of two years following termination of this Agreement, solicit or cause to be solicited the employment of, or employ, any employee of Leader or any person or entity performing obligations hereunder on behalf of or under the direction of Leader.
8. Assignment. Neither this Agreement nor any of the rights and obligations created in this Agreement may be assigned, in whole or in part, by either party, without the prior written consent of the other party, except that either party may assign this Agreement to any entity which by merger, share exchange, combination or consolidation of any type, operation of law, asset purchase or otherwise, acquires substantially all of the business of such party, so long as prior to the effective date of any such assignment or transfer such successor, the transferee or assignee expressly agrees, to assume and fully perform all of the assigning party’s obligations under this Agreement
9. Jurisdiction. This Agreement is made under and will be construed in accordance with the laws of the State of Utah, other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the State of Utah. Any suit to enforce any provision of this Agreement, or arising out of or based upon this Agreement, shall be brought exclusively in the state courts of the State of Utah and the federal courts of the United States, located in SLC, Utah. THE PARTIES HERETO HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM OR COUNTERCLAIM BROUGHT UNDER OR IN RELATION TO THIS AGREEMENT AND ITS INTERPRETATION, INCLUDING ANY SOW.
1. TERMS OF USE AGREEMENT FOR ALL SERVICES AND THE WEBSITES
Leader LLC requires that you carefully read, understand and agree to the following Terms and Conditions contained in this Terms of Use Agreement ("Agreement"). By accessing, browsing or using this website, and the websites of the below listed companies, divisions or service groups, or any page thereof, through any direct or indirect means (individually or collectively, "Websites" or "Website"), or by using the goods, facilities or services offered in or through the Websites through alternative methods (including, for example, telephone, mail, text, 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 15).
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 goods, facilities or services of Leader, LLC (“Site” and/or “Services”) and its companies offered through alternative methods, including persons that allow others to provide information about themselves to Leader, LLC (as defined below), the banks, lenders, financial institutions, providers, real estate companies, and brokers in our network network ("Lenders"), Providers (as defined in sections 4 and 5), auto dealers (as defined in section 4(d)), partners (as defined in sections 4 and 5), or real estate companies (as defined in section 6). "Leader", "us" or "we" means, but is not limited to the following entities:
· Leader
· Leader LLC
· Utah Insurance Center
· and their divisions /service groups are licensed as set forth in the Licenses and Disclosures section, which is incorporated into this Agreement by reference.
THE DISCLOSURES AND CONSENT REQUIRED UNDER CERTAIN STATE LAWS ARE DEEMED TO BE PROVIDED, RECEIVED AND AGREED TO BY USE OF THE WEBSITES.
Leader, LLC (hereinafter “Leader”) 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. By accessing this Site you agree to be bound by these Terms of Use. The Site is intended for individuals who are at least 18 years of age and reside in the United State and the District of Columbia. If you are under 18 years of age or reside outside of the United States or the District of Columbia, you should not be visiting this Site or utilizing Leaders Services.
2. CONSUMER INFORMATION SECURITY POLICY
The Leader 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
Leader offers mortgage loan request services via one online form. Our service is provided when an individual fills out a short online form and that information is matched with Lenders or Brokers with conditional traditional loan offers.
A. Terms Applicable to All Mortgage Loan Inquiry Services
Leader is an Online Loan Marketing Agency that enables consumers to submit their information to in order to speak with a mortgage loan officer or real estate agent. Leader DOES NOT take formal mortgage applications (commonly referred to as Form 1003) since it does not ever ask consumers to provide any information relating to their income or debt. Leader DOES NOT make loans or credit decisions in connection with loans, nor does Leader issue commitments or lock-in agreements. Leader services are only administrative. Any loan inquiry you submit is NOT an application for credit. Rather, it is an inquiry to be matched with Lenders to receive condition loan offers from Lenders. You will have to complete a formal application with the Lender you choose before they will extend an unconditional offer. A Lender you select may require you to pay an application or other fee to cover the costs of an appraisal, credit report or other items. The Lender, not Leader, will determine the amount of any such fee and should provide information to you regarding the refund-ability of any such fee. Leader does not endorse or recommend the products of any particular Lender. Except as otherwise provided for your state (please see the Licenses section of the Websites), Leader is not an acting as your agent or as the agent of any Lender. You should rely on your own judgment in deciding which available loan product, terms and Lender best suits your needs and financial situation. The Lender is solely responsible for its services to you, and you agree that Leader shall not be liable for any damages or costs arising out of or in any way connected with your use of its Services. You understand that Lenders may keep your loan request information and any other information provided by Leader, LLC 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. In addition, the information you provide Leader is required to be housed and securely maintained for State Licensing Record Retention requirements and cannot be removed, purged, or destroyed until the expiration of the individual state prescribed period. Lenders may also from time-to-time be required to share your completed Loan information with Leader in order to adhere to State Licensing Record Retention requirement, and for internal marketing and analytics, you are providing express written consent for the retention of the same upon completion of an inquiry form for Leader and the selected Lender to share this information for this purpose.
The Websites and the Services provided by Leader 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. Leader 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 Leader is not, and is not treated as, an application for a loan or a request to be pre-approved, pre-qualified. Leader 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, Leader 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. Leader Network of Lenders is vast, but does not represent all potential Lenders in your area. You are free to select one or up to six (6) Lenders to speak with to shop and compare your mortgage product, but you may also choose none and compare additional local Lenders who may in fact have better and/or lower products, rates, and terms. 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. Leader will continue to attempt to match you for up to twenty-four hours for online matches, and may contact you via telephone at the number you provided to attempt to help you obtain a match. If you are called, you will be given a choice of up to three (3) Lenders from which you will have to select on your own. The Call Center Representative cannot and will not select a Lender for you and all Lenders listed will be continually shuffled (round-robin) based on state, time of day, caps, volume requested etc. in order to attempt to provide you with the most opportunities to obtain a match and shop and compare your loan product via multiple Lenders.
Leader will perform a soft pull of credit regardless if you provide your SSN or not. In order to help the government fight identity theft, the funding of terrorism and money laundering activities, and to help attempt to verify your identity, Leader and its Lenders may obtain, verify and record information that identifies each person who opens an account with us and them. Leader and its Lenders may ask for your name, Social Security Number, address, telephone number, date of birth and other important information including, but not limited to information received from your credit file, that will allow us and them to properly identify you. It is possible that a Lender may perform a soft inquiry on your credit at the same time for the same or similar purposes, but the soft inquiry into your credit does not impact your credit score. Not all lenders will receive your Social Security Number and, for those that do, not all will perform the soft inquiry of credit. During the Lender application process, they may also ask to see your driver’s license or other identifying documentation to further properly identify you; in addition the Lender will be required to do a hard inquiry of your credit that will impact your credit score.
Leader is paid a marketing match fee by Lenders for the goods, facilities and services provided. Lenders are not to directly charge you for any such marketing match generation fee. Depending on the Lender, the marketing match fee is paid by the Lender and may be included in your rate, points or loan terms. Leader strongly encourages and requests such fees not be passed onto you; however, it is without the authority to enforce the same. If you do in fact close a loan with a Leader network Lender, or any other Lender you choose, at closing you will be responsible for paying for any settlement or closing costs associated with your loan (such as loan processing, underwriting, or funding fees, title insurance premiums, notary fees, etc.).
Leader does not charge you a fee for its service in matching you with Lenders, as such no such fee will be reported on your final Loan Estimate (formerly GFE) or your Loan Closing Statement (formerly HUD-1) pursuant to the new TILA-RESPA Rules effective August 1, 2015.
When you complete an inquiry form online, by clicking on any button indicating an acceptance, acknowledgement or agreement to terms, a continuance of processing or submission ("submission") you understand that you are consenting, acknowledging and agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry as to a lending product through Leader which will match you to up to six (6) Lenders to whom your loan request and personal information is transmitted. If you do not receive any matches, Leader will continue to try to find you matches for similar mortgage products for which you sought as well as alternative products, for example if you sought a home equity loan or home equity line of credit, but are also over the age of 62 then Leader may match you for a reverse mortgage lender for a Home Equity Conversion Mortgage. Similarly, if you indicated that you are looking to remodel a home you are purchasing, Leader will continue to try to assist you in finding a lender that is seeking consumers like you and offers multiple products such as a 203K, jumbo loans, etc. While Leader is not making a credit decision or determining products for you, rather lenders select filters from the questions you answer and believe that they may be able to assist you with your mortgage needs.
You are also indicating that you are consenting, acknowledging and agreeing to receive important notices, disclosures and other communications ("Disclosures and Communications") in electronic form (either by email or via the Internet) as provided for in the Consent for Electronic Disclosures and Communications From Leader and its Network Lenders. You understand that you will need, and have access to an email address, Internet access and PDF software to review the Disclosures and Communications. In addition, you acknowledge that Leader, and one or more of its Lenders with whom you are matched, may access your credit file even if your Social Security Number is not provided (via a soft inquiry of credit) to perform its anti-money laundering due diligence and/or for other reasons in compliance with other federal regulations. In addition, upon clicking any button indicating acceptance, acknowledgment or agreement to these and other terms, you have received and reviewed and, where applicable, signed the necessary required Leader State Specific Broker Agreement. By submitting the loan inquiry online you are in effect providing your electronic signature, you are extending an express invitation for up to six (6) Lenders you may be 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. In addition, you are providing express written consent that Leader, a Lender with whom you have been matched or an associated third party (Partner) may use an automatic dialing system or by pre-recorded message in connection with calls made to any telephone number you entered, even if it is a cellular phone number or other service for which the called person(s) could be charged for such call.
By saving your information with Leader or by completing a loan inquiry you give Leader permission to retain all information you submitted for the prescribed State Specific Record Retention period and to make live, manually dialed, automatic dialed or pre-recorded calls, emails, direct mailing or other communication to discuss, provide or remind you of any information in relationship to your submission, including incomplete loan inquiry, the delivery of loan request matches, deadlines, quality of services or other matters in connection with your loan inquiry. For any service, you represent that all of the information you have provided in your submission and loan inquiry is true, accurate and complete to the best of your knowledge.
You have the right to receive any document in non-electronic form and to withdraw your consent to electronic delivery at any time by contacting Leader Customer Service at [email protected].
When you "submit" information, create an account or otherwise register for services through Leader and its Companies’ website or otherwise, you hereby understand and agree that you have established a business relationship between you and Leader, LLC, which is the owner of this site. Accordingly, Leader, LLC and/or its Companies may send your information to its affiliates, Lenders/Partners as provided in the Privacy Policy. In addition, you agree that Leader may contact you using information you provided with information and offers of services available through Leader and the Websites. You hereby provide express written consent to any such communication or phone calls even if your phone number is on any Do Not Call list, federal, state or corporate. You also agree that calls may be placed live, by automatic dialing, and/or by pre-recorded message. Charges may apply to a mobile phone if that is the number you provided. Communications may also be by email, direct mail, and/or text message. If at any time you do not wish to continue to receive communications from Leader you agree to notify Leader Customer Care by emailing [email protected] directly if you no longer want to receive other forms of communications from us.
B. Returns
NO REFUNDS. If a client receives a lead with false information (example: Mickey Mouse, phone number: 555-555), we are happy to replace that lead. But again, we do not offer refunds.
Our leads are generated when an individual searches certain search terms on Google, sees one of our websites as a result, clicks on one of our websites, and then submits their information on a form on our website, requesting to speak with either a lender or real estate agent. We then automatically send their information to a licensed real estate agent or Lender so they may proceed with their sales process to hopefully acquire a new client. We collect payment for leads upfront monthly, and because of the nature of lead generation, offer no refunds. Potential leads just provide basic information when submitting a contact form. We can’t control the sales ability, follow up consistency, and overall conversion rate of our clients - so we are unable to offer refunds to our lead buyers. We can only control our ability to provide the agreed upon set of information from potential clients, to our clients. You may cancel your account at any time, but will not receive a refund for any deposits made towards leads.
C. Mobile Application Loan Request Service
Leader seeks to provide you multiple conditional loan offers through its network of nonaffiliated lenders. The lenders in this program will be on Leader’s mobile network and may not be shown on Leader’s Lender Partner List but are clearly discernable in the Leader Loan Explorer Rate Table Experience. Any inquiry form filled out on a mobile phone, mobile device, or on any Leader mobile App are handled the same way as the Short Form inquiries described above.
By submitting the mobile loan inquiry form you authorize Leader to match you with up to six (6) lenders each of whom may return multiple loan product offers, on average consumers can receive 30 conditional loan offers from up to six (6) Lenders. Once presented with your lenders and loan offers, Lenders will begin to call you; however, you may request that a lender contact you at another number or via another means of communication. If you wish for a lender to cease calling and competing for your business, you should reach out directly to the lender and request that your inquiry be removed from consideration and to place you on their internal Do-Not-Call List.
If you are utilizing the Leader Loan Explorer Rate Table product you may ask a lender or lenders to contact you by clicking "Contact Me About This Loan", Leader will share your information with such lender(s). You authorize the lenders, along with any additional lenders, Brokers, Partners or investors necessary to complete your loan inquiry to call you at the number provided by live, automated dialing or pre-recorded message even if you are on a Do-Not-Call List. If you provided a mobile number charges may apply. If you provided an email address, Leader, the Lenders, Brokers, Partners, or investors will send you communications electronically until you opt out from the same.
If you provide additional personally identifiable information to the Lender they may do either a soft or hard inquiry into your credit to complete your formal loan application, which means the lender, but not all lenders participate, may request from one or multiple credit bureaus /reporting agencies, your credit bureau report including any ancillary credit scores or ratings and to verify that your request is true and accurate to the best of your knowledge.
By clicking "submit" (or any button indicating acceptance) you are certifying that all of the information you have provided in your loan inquiry is true, accurate and complete to the best of your knowledge. While lending partners may perform the same soft inquiry, it will not impact your score according to Fair Isaac Corporation (the company that provides "FICO" credit scores). http://www.myfico.com/crediteducation/questions/inquiry-credit-score.aspx
If you complete multiple applications you will likely have several hard inquiries on your credit report/score. However, FICO reports that, for mortgage, student loans, credit cards or auto loans, it disregards multiple inquiries prior to the completion (or closing) of the loan and it consolidates these types of credit checks as a single inquiry. FICO considers all inquiries within a 45 day period for a mortgage, auto or student loan as a single inquiry.
Lenders will require additional information prior to providing an actual offer. In these situations, the Lender(s) will contact you directly to discuss your loan request and to discuss the specific terms of your offer(s). By submitting the long-form Leader loan inquiry form, if that process results in you closing a loan you agree to provide information about that resulting loan to Lending Tree, including but not limited to a HUD-1 settlement statement (after August 1, 2015 this will consist of the new integrated Closing Statement), and you authorize Leader Network Lender(s), to provide that information to Leader on your behalf. Certain state regulations require that Leader know the disposition of the inquiry, resulting loan product offered, rate, APR, Loan Amount and other pertinent loan file information in order to adhere to Licensing Record Retention requirements. NOTE: You are providing express written consent for Leader and the selected Lender to share this private personally identifiable information for these purposes, litigation, regulatory request(s), law enforcement requests, internal analytics and/or for marketing purposes.
A. Terms Applicable to All Non-Mortgage Loan Request Services
Leader is not a lender or a creditor. Leader does not make loans or credit decisions in connection with loans. Leader does not endorse or recommend the products of any particular Lender. Leader is not an agent of either you or any Lender. Leader'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 Leader 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 Leader 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 Leader 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. Leader 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 Leader 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. Leader 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, Leader 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, Leader and/or its Lenders may 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, telephone number, date of birth and other important information that will allow them to properly identify you. During the Lenders' formal application process, they may also ask to see your driver’s license or other identifying documentation to further assist in certifying your identity.
Leader is paid a marketing lead generation fee by Lenders for the goods, facilities and services provided. Your use of the Websites and/or Leader'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). Leader 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 consenting, acknowledging and agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry as to a lending product through Leader to each of the Lenders to whom your loan request is transmitted. You are also indicating that you are consenting, acknowledging and agreeing to receive important notices, disclosures and other communications ("Disclosures and Communications") in electronic form (either by email or via the Internet) as provided for in the Consent for Electronic Disclosures and Communications from Leader, LLC and its Network Lenders. You understand that you will need, and have access to an email address, Internet access and PDF software to review the Disclosures and Communications. In addition, you acknowledge that we may access your credit file even if your Social Security Number is not provided and that you have received and reviewed and, where applicable, signed the necessary required disclosures. Not all lenders will receive and/or utilize your SSN to access your credit report and/or credit score. Leader does not perform hard inquiries into credit, rather it does a soft inquiry to adhere to Anti-Money Laundering requirements and to assist in identification and verification of consumers as well as to prevent fraud. The information Leader receives from your credit report and/or credit score is not shared with Lenders, but is used by internal personnel on a “need to know” basis. From time-to-time Leader is examined by State and Federal Regulators and as such is required to maintain your Personally Identifiable Information to adhere to those requirements. Your information may also be obtained from Lenders after you are matched to adhere to state and federal reporting and record retention requirements. You authorize Leader and its participating Lenders to share such information as required.
NOTE: By completing a submission, you agree that Leader can access certain information from your credit file. This information could include, but might not be limited to, your credit report, credit score, and other credit information.You agree that we may use and analyze your information as follows: (a) present you an overview of your credit profile including detailed information where available; (b) provide you with customized recommendations and general information about you; and (c) serve you targeted ads and other communication based on your information.Your credit score or credit report will never be given to a third party by Leader.
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 (whether landline or cellular) 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. In addition, you consent, acknowledge and agree that Leader, a lender with whom you have been matched or an associated third party may use an automatic dialing system in connection with calls made to any telephone number you entered, even if it is a cellular phone number or other service for which the called person(s) could be charged for such call. By saving your information with Leader or by doing a submission, you give Leader 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 delivery 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. You have the right to receive any document in non-electronic form and to withdraw your consent to electronic delivery at any time by contacting Leader Customer Service by emailing [email protected].
When you "submit" information, create an account or otherwise register for services through Leader, LLC and its Companies’ website or otherwise, you understand and agree that you have established a business relationship between you and Leader, LLC, which is the owner of this site. Accordingly, Leader, LLC and/or its Companies may send your information to its affiliates as provided in the Privacy Policy . and you agree that Leader and/or its Companies may contact you using information you provided with information and offers of services available through Leader 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. If at any time you do not wish to continue to receive communications from Leader, LLC or its Companies’ or its affiliates’ communications, you may modify your preferences by clicking contacting Leader. In addition, you agree to notify Leader Customer Care at by emailing [email protected] directly if you no longer want to receive other forms of communications from us.
6. REALTY SERVICES
By clicking on any button indicating an acceptance or agreement to terms, a continuance of processing or submission ("submission"), including any submission made in connection with an inquiry for other Leader products or services on which you indicate your desire to be connected with a real estate company, you understand that you are agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry to Leader and its network of real estate companies ("real estate companies"). Further, that you are representing all of the information you have provided in the referral form is true and complete. You authorize Leader to forward your information to its network of real estate companies. You further understand and agree that by selecting a real estate company or other provider, you are extending an express invitation for them to contact you by telephone at the numbers (whether landline or cellular) 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 company, you understand and agree that you are extending an express invitation to real estate companies to call you by telephone at the numbers (whether landline or cellular) 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 companies 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.
7. COPYRIGHT, TRADEMARK AND SERVICE MARK NOTICES
All contents of the Websites are: Copyright © 2015 - 2019 Leader LLC and/or its suppliers, Lenders, Providers or real estate companies. All rights reserved. Leader is a landing page created by Leader 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 Leader or the applicable Mark holder specific for each such use. The Marks may not be used to disparage Leader, 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 Leader 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. Leader 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 Leader 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
Leader intends that the information contained in the Websites be accurate and reliable; however, errors sometimes occur. The information is provided as a service to the general public over the age of eighteen and is subject to change without prior notice. In addition, changes and improvements to the information provided herein and are provided "as-is" without warranty of any kind, implied, expressed or otherwise. Under no circumstances will Leader 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". Leader AND/OR ITS SUPPLIERS, LENDERS, PROVIDERS OR REAL ESTATE COMPANIES 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 Leader'S SERVICES IS AT YOUR OWN RISK. Leader AND/OR ITS SUPPLIERS, LENDERS, PROVIDERS OR REAL ESTATE COMPANIES 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 Leader'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 Leader 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 Leader AND/OR ITS SUPPLIERS, PROVIDERS OR REAL ESTATE COMPANIES 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
Leader, Lenders, Providers and real estate companies may choose to electronically deliver all information related to its services and your requests. Leader, Lenders, Providers and real estate companies' 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, State disclosures, other terms, conditions and documents, and the privacy policies of Leader, Lenders, Providers and real estate companies.
You agree to receive all current and future notices, disclosures, communications and information, and to do business electronically with Leader, Lenders, Providers and real estate companies. This means that Leader, Lenders, Providers and real estate companies 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 companies 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.
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
You have the right to receive any document in non-electronic form and to withdraw your consent to electronic delivery at any time by contacting Leader Customer Service at 1-800-555-8733 or by emailing [email protected].
10. PRIVACY POLICY
The Leader 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 Leader's services, you agree to indemnify Leader and its suppliers, Lenders, Providers or real estate companies 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. LIMITATION ON DAMAGES
In no event will Leader have any liability to you in excess of actual compensatory damages. You irrevocably waive any claim to consequential, punitive or exemplary damages.
13. 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. Leader does not operate or control in any respect any information, software, products or services available on such websites. Leader'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 Leader 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.
14. ERRORS AND DELAYS
Leader 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.
15. DISPUTE RESOLUTION
Any claim or controversy arising out of or relating to the use of the Websites, to the goods or services provided by Leader, or to any acts or omissions for which you may contend Leader 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 Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association ("AAA") dated September 15, 2005. The arbitration shall be venued in consumer location 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 parties shall agree on an arbitrator mutually agreeable to both parties. Should the AAA decline to accept a matter submitted for individual (non-class) arbitration under these Terms of Use, the parties shall jointly select another arbitrator. In the event the parties are unable to agree on a neutral arbitrator, the claimant may file suit in any court of competent jurisdiction solely for the purpose of requesting the appointment of an arbitrator for individual (non-class) arbitration, as provided for in Section 5 of the Federal Arbitration Act. 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. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this agreement with 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 LEADER 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 Leader'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 Leader, 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.
16. 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 Leader) constitutes the entire agreement between you and Leader and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Leader 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.
Table Of Contents
- Terms Of Service Agreement
- Terms Of Use Agreement for All Services and Uses Of The Websites
- Consumer Information Security Policy
- Mortgage Loan Request Services
- A. Terms Applicable to All Mortgage Loan Request Services
- B. Returns
- C. Mobile Application Loan Request Service
- Non-Mortgage Loan Request Services
- A. Terms Applicable to All Non-Mortgage Loan Request ServicesC. Additional Terms Applicable to Auto Loan Request Services
- D. Additional Terms Applicable to Credit Card, Personal Loan and Commercial Loan Request Services
- E. Additional Terms Applicable to Student Loan Request Service
- Request for other Products and Services
- A. Terms Applicable to All Requests for other Products and Services
- Realty Services
- Copyright, Trademark and Service Mark Notices
- Disclaimers And Liability
- Electronic Communications/Notices and Information Delivered Electronically
- Privacy Policy
- Indemnity
- Limitation on Damages
- Links To Third Party Websites
- Errors And Delays
- Dispute Resolution
- Other Terms
Terms of Service Agreement
- Client Obligations. Client understands and agrees that Leader’s performance of the Services is dependent upon Client’s timely and effective performance of its responsibilities hereunder and under any SOW (“Statement of Work”), and that Leader shall in no way be liable for failure to complete the Services if such failure was due to Client not completing obligations herein in a timely manner. Client agrees to undertake the Client responsibilities outlined here or in any applicable SOW. Client responsibilities include:
- Granting to Leader access and control (including logins, passwords, and administrator-level access) to social media networks, email addresses, Google Analytics, Google Adwords, Facebook Business Manager or other platforms owned or controlled by the Client as needed.
- Securing Client’s internal approvals, including for advertising Leader creates or places on Client’s behalf. At Client’s request, Leader shall provide Client opportunity to pre-approve all advertising, and Client shall be able to view all advertising directly on the advertising platforms. Leader will complete one round of revisions per campaign per month at no additional cost. If approval is requested and feedback isn’t received from Client within 48 hours of final proof being delivered, Client agrees that such inaction represents approval of said content. As such, Leader’s liability for any advertisement shall be capped at the total amount of management fee charged by Leader for running any specific advertisement.
- Procurement of any third party products as mutually agreed (“Third Party Products”)
Tasks that are primarily the responsibility of Client’s personnel will remain Client’s responsibility, even if Leader assists Client in performing such tasks. Client agrees that Leader may rely on all Client decisions and Client approvals with regard to the Services conveyed to Leader.
2. Confidential Information. Leader and Client acknowledge that in the course of this Agreement, each Party may come into contact with Confidential Information of the other Party. Confidential Information shall include user or customer information, sales and website statistics, advertising performance, Leader software platforms, business financials, employee lists, and any other information of such a nature that a reasonable person would believe it to be confidential, whether or not the information was marked as such. Both parties agree to treat Confidential Information of the other Party with the same or higher degree of protection and care with which they treat their own Confidential Information, and to return or destroy any copies of Confidential Information upon Termination or upon the written request of the other Party, provided that one copy may be preserved for archival purposes as may be required by law. Confidential Information shall not include any information that was previously known lawfully to either Party, has been independently developed by either Party, or is required to be disclosed by the order of a governmental agency, legislative body or a court of competent jurisdiction. The foregoing notwithstanding, Client’s status as a client of Leader shall not be Confidential Information, and Leader shall be permitted to share aggregate and/or anonymized Client results in its own marketing efforts.
3. Payment. All fees or payments in this contract refer to U.S. dollars. Any fees owed to Leader and remaining unpaid after thirty (30) days shall incur the higher of (a) a $25 late fee for each month or portion thereof that any balance remains unpaid; or (b) accrue interest at the highest rate allowed by law. If collection procedures are required, Client shall pay all expenses of collection and all reasonable attorneys’ fees and costs incurred by Leader in connection with such collection proceeding, regardless of whether or not a suit is filed. Failure of Client to make any payment of any Fees when due shall be deemed to be a material breach of this Agreement and shall be sufficient cause for the immediate suspension of Leader’s provision of services.
4. Representations and Warranties. Leader MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES, THE DELIVERABLES, THE KNOW-HOW, THEIR USE OR PERFORMANCE, THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREIN, WHETHER EXPRESS, IMPLIED, STATUTORY, ORAL, IN WRITING OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, OR WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, AND THE SAME ARE HEREBY EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CLIENT FROM Leader, ITS LICENSOR(S) OR ANY AFFILIATES SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
5. Limitation of Liability. NEITHER Leader AND ITS AFFILIATES, NOR ITS AND THEIR RELATED PARTIES SHALL BE LIABLE
FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR INTERRUPTION OF BUSINESS, LOST PROFITS, LOSS OF GOODWILL, LOSS OF REVENUE, LOSS OF ECONOMIC ADVANTAGE, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ETC.) ARISING OUT OF OR RELATED TO THE SERVICES, THE DELIVERABLES OR THE KNOW-HOW, THE USE OR
PERFORMANCE OF SUCH DELIVERABLES AND KNOW-HOW, THIS AGREEMENT OR ANY SOW, OR THE TRANSACTIONS CONTEMPLATED HEREIN OR THEREIN, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND/OR STRICT LIABILITY), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE, EVEN IF Leader AND ITS AFFILIATES, AND ITS AND THEIR RELATED PARTIES, HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE MAXIMUM AGGREGATE LIABILITY OF Leader AND ITS AFFILIATES, AND ITS AND THEIR RELATED PARTIES, FOR DAMAGES, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE AMOUNT EQUAL TO THE FEES ACTUALLY PAID BY CLIENT AND RECEIVED BY Leader UNDER THIS AGREEMENT PURSUANT AND ANY APPLICABLE SOW(S). CLIENT ACKNOWLEDGES AND AGREES THAT THE NEGATION OF DAMAGES AND THE LIMITATION OF LIABILITY HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN UNDERLYING THIS AGREEMENT AND EACH SOW AND REFLECT A FAIR ALLOCATION OF RISK. THE SERVICES WOULD NOT BE PERFORMED, AND THE DELIVERABLES AND KNOW-HOW WOULD NOT BE CREATED AND/OR PROVIDED, WITHOUT SUCH LIMITATIONS AND THE PARTIES EXPRESSLY AGREE THAT THE LIMITATION AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, IN SUCH JURISDICTIONS, THE PARTIES AGREE THAT THE LIABILITY OF Leader AND ITS AFFILIATES, AND ITS AND THEIR RELATED PARTIES, SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH JURISDICTION. Leader shall not be liable for any failure or delay caused by events beyond Leader’s reasonable control, including, without limitation, Client’s or a third party’s failure to furnish necessary information; sabotage; failure or delays in transportation or communication; failures or substitutions of equipment; strikes; riots; labor disputes; accidents; acts of God; or technical failures.
6. Indemnification. Client shall defend, indemnify and hold harmless Leader and its Related Parties from and against any and all losses, causes of action, claims, allegations, liabilities, costs, damages and expenses whatsoever (including, without limitation, reasonable attorneys’ fees), regardless of the form of action (“Claim”), and shall promptly reimburse Leader for all Claims, arising out of or in connection with: (a) any Claim that any text, work, material or content requested, specified or provided by Client, including without limitation for use in conjunction with the Services or incorporated into any deliverable violates or infringes any applicable regulation or proprietary or intellectual property right of any third party; (b) any third party Claim caused by, relating to or arising out of the sale, conveyance or other disposition (or attempt to do the same) of goods or services offered by Client; (c) made by a third party against Client through social media networks managed by Leader, or in response to content published or shared by Leader on the Client’s behalf or (d) any third party Claim caused by, relating to or arising out of an alleged breach of any representation, warranty, covenant or other term or condition of this Agreement by Client.
7. Non-Solicitation of Employees. Without the prior written consent of Leader, the Client shall not, during the term of this Agreement and for a period of two years following termination of this Agreement, solicit or cause to be solicited the employment of, or employ, any employee of Leader or any person or entity performing obligations hereunder on behalf of or under the direction of Leader.
8. Assignment. Neither this Agreement nor any of the rights and obligations created in this Agreement may be assigned, in whole or in part, by either party, without the prior written consent of the other party, except that either party may assign this Agreement to any entity which by merger, share exchange, combination or consolidation of any type, operation of law, asset purchase or otherwise, acquires substantially all of the business of such party, so long as prior to the effective date of any such assignment or transfer such successor, the transferee or assignee expressly agrees, to assume and fully perform all of the assigning party’s obligations under this Agreement
9. Jurisdiction. This Agreement is made under and will be construed in accordance with the laws of the State of Utah, other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the State of Utah. Any suit to enforce any provision of this Agreement, or arising out of or based upon this Agreement, shall be brought exclusively in the state courts of the State of Utah and the federal courts of the United States, located in SLC, Utah. THE PARTIES HERETO HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM OR COUNTERCLAIM BROUGHT UNDER OR IN RELATION TO THIS AGREEMENT AND ITS INTERPRETATION, INCLUDING ANY SOW.
1. TERMS OF USE AGREEMENT FOR ALL SERVICES AND THE WEBSITES
Leader LLC requires that you carefully read, understand and agree to the following Terms and Conditions contained in this Terms of Use Agreement ("Agreement"). By accessing, browsing or using this website, and the websites of the below listed companies, divisions or service groups, or any page thereof, through any direct or indirect means (individually or collectively, "Websites" or "Website"), or by using the goods, facilities or services offered in or through the Websites through alternative methods (including, for example, telephone, mail, text, 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 15).
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 goods, facilities or services of Leader, LLC (“Site” and/or “Services”) and its companies offered through alternative methods, including persons that allow others to provide information about themselves to Leader, LLC (as defined below), the banks, lenders, financial institutions, providers, real estate companies, and brokers in our network network ("Lenders"), Providers (as defined in sections 4 and 5), auto dealers (as defined in section 4(d)), partners (as defined in sections 4 and 5), or real estate companies (as defined in section 6). "Leader", "us" or "we" means, but is not limited to the following entities:
· Leader
· Leader LLC
· Utah Insurance Center
· and their divisions /service groups are licensed as set forth in the Licenses and Disclosures section, which is incorporated into this Agreement by reference.
THE DISCLOSURES AND CONSENT REQUIRED UNDER CERTAIN STATE LAWS ARE DEEMED TO BE PROVIDED, RECEIVED AND AGREED TO BY USE OF THE WEBSITES.
Leader, LLC (hereinafter “Leader”) 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. By accessing this Site you agree to be bound by these Terms of Use. The Site is intended for individuals who are at least 18 years of age and reside in the United State and the District of Columbia. If you are under 18 years of age or reside outside of the United States or the District of Columbia, you should not be visiting this Site or utilizing Leaders Services.
2. CONSUMER INFORMATION SECURITY POLICY
The Leader 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
Leader offers mortgage loan request services via one online form. Our service is provided when an individual fills out a short online form and that information is matched with Lenders or Brokers with conditional traditional loan offers.
A. Terms Applicable to All Mortgage Loan Inquiry Services
Leader is an Online Loan Marketing Agency that enables consumers to submit their information to in order to speak with a mortgage loan officer or real estate agent. Leader DOES NOT take formal mortgage applications (commonly referred to as Form 1003) since it does not ever ask consumers to provide any information relating to their income or debt. Leader DOES NOT make loans or credit decisions in connection with loans, nor does Leader issue commitments or lock-in agreements. Leader services are only administrative. Any loan inquiry you submit is NOT an application for credit. Rather, it is an inquiry to be matched with Lenders to receive condition loan offers from Lenders. You will have to complete a formal application with the Lender you choose before they will extend an unconditional offer. A Lender you select may require you to pay an application or other fee to cover the costs of an appraisal, credit report or other items. The Lender, not Leader, will determine the amount of any such fee and should provide information to you regarding the refund-ability of any such fee. Leader does not endorse or recommend the products of any particular Lender. Except as otherwise provided for your state (please see the Licenses section of the Websites), Leader is not an acting as your agent or as the agent of any Lender. You should rely on your own judgment in deciding which available loan product, terms and Lender best suits your needs and financial situation. The Lender is solely responsible for its services to you, and you agree that Leader shall not be liable for any damages or costs arising out of or in any way connected with your use of its Services. You understand that Lenders may keep your loan request information and any other information provided by Leader, LLC 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. In addition, the information you provide Leader is required to be housed and securely maintained for State Licensing Record Retention requirements and cannot be removed, purged, or destroyed until the expiration of the individual state prescribed period. Lenders may also from time-to-time be required to share your completed Loan information with Leader in order to adhere to State Licensing Record Retention requirement, and for internal marketing and analytics, you are providing express written consent for the retention of the same upon completion of an inquiry form for Leader and the selected Lender to share this information for this purpose.
The Websites and the Services provided by Leader 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. Leader 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 Leader is not, and is not treated as, an application for a loan or a request to be pre-approved, pre-qualified. Leader 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, Leader 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. Leader Network of Lenders is vast, but does not represent all potential Lenders in your area. You are free to select one or up to six (6) Lenders to speak with to shop and compare your mortgage product, but you may also choose none and compare additional local Lenders who may in fact have better and/or lower products, rates, and terms. 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. Leader will continue to attempt to match you for up to twenty-four hours for online matches, and may contact you via telephone at the number you provided to attempt to help you obtain a match. If you are called, you will be given a choice of up to three (3) Lenders from which you will have to select on your own. The Call Center Representative cannot and will not select a Lender for you and all Lenders listed will be continually shuffled (round-robin) based on state, time of day, caps, volume requested etc. in order to attempt to provide you with the most opportunities to obtain a match and shop and compare your loan product via multiple Lenders.
Leader will perform a soft pull of credit regardless if you provide your SSN or not. In order to help the government fight identity theft, the funding of terrorism and money laundering activities, and to help attempt to verify your identity, Leader and its Lenders may obtain, verify and record information that identifies each person who opens an account with us and them. Leader and its Lenders may ask for your name, Social Security Number, address, telephone number, date of birth and other important information including, but not limited to information received from your credit file, that will allow us and them to properly identify you. It is possible that a Lender may perform a soft inquiry on your credit at the same time for the same or similar purposes, but the soft inquiry into your credit does not impact your credit score. Not all lenders will receive your Social Security Number and, for those that do, not all will perform the soft inquiry of credit. During the Lender application process, they may also ask to see your driver’s license or other identifying documentation to further properly identify you; in addition the Lender will be required to do a hard inquiry of your credit that will impact your credit score.
Leader is paid a marketing match fee by Lenders for the goods, facilities and services provided. Lenders are not to directly charge you for any such marketing match generation fee. Depending on the Lender, the marketing match fee is paid by the Lender and may be included in your rate, points or loan terms. Leader strongly encourages and requests such fees not be passed onto you; however, it is without the authority to enforce the same. If you do in fact close a loan with a Leader network Lender, or any other Lender you choose, at closing you will be responsible for paying for any settlement or closing costs associated with your loan (such as loan processing, underwriting, or funding fees, title insurance premiums, notary fees, etc.).
Leader does not charge you a fee for its service in matching you with Lenders, as such no such fee will be reported on your final Loan Estimate (formerly GFE) or your Loan Closing Statement (formerly HUD-1) pursuant to the new TILA-RESPA Rules effective August 1, 2015.
When you complete an inquiry form online, by clicking on any button indicating an acceptance, acknowledgement or agreement to terms, a continuance of processing or submission ("submission") you understand that you are consenting, acknowledging and agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry as to a lending product through Leader which will match you to up to six (6) Lenders to whom your loan request and personal information is transmitted. If you do not receive any matches, Leader will continue to try to find you matches for similar mortgage products for which you sought as well as alternative products, for example if you sought a home equity loan or home equity line of credit, but are also over the age of 62 then Leader may match you for a reverse mortgage lender for a Home Equity Conversion Mortgage. Similarly, if you indicated that you are looking to remodel a home you are purchasing, Leader will continue to try to assist you in finding a lender that is seeking consumers like you and offers multiple products such as a 203K, jumbo loans, etc. While Leader is not making a credit decision or determining products for you, rather lenders select filters from the questions you answer and believe that they may be able to assist you with your mortgage needs.
You are also indicating that you are consenting, acknowledging and agreeing to receive important notices, disclosures and other communications ("Disclosures and Communications") in electronic form (either by email or via the Internet) as provided for in the Consent for Electronic Disclosures and Communications From Leader and its Network Lenders. You understand that you will need, and have access to an email address, Internet access and PDF software to review the Disclosures and Communications. In addition, you acknowledge that Leader, and one or more of its Lenders with whom you are matched, may access your credit file even if your Social Security Number is not provided (via a soft inquiry of credit) to perform its anti-money laundering due diligence and/or for other reasons in compliance with other federal regulations. In addition, upon clicking any button indicating acceptance, acknowledgment or agreement to these and other terms, you have received and reviewed and, where applicable, signed the necessary required Leader State Specific Broker Agreement. By submitting the loan inquiry online you are in effect providing your electronic signature, you are extending an express invitation for up to six (6) Lenders you may be 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. In addition, you are providing express written consent that Leader, a Lender with whom you have been matched or an associated third party (Partner) may use an automatic dialing system or by pre-recorded message in connection with calls made to any telephone number you entered, even if it is a cellular phone number or other service for which the called person(s) could be charged for such call.
By saving your information with Leader or by completing a loan inquiry you give Leader permission to retain all information you submitted for the prescribed State Specific Record Retention period and to make live, manually dialed, automatic dialed or pre-recorded calls, emails, direct mailing or other communication to discuss, provide or remind you of any information in relationship to your submission, including incomplete loan inquiry, the delivery of loan request matches, deadlines, quality of services or other matters in connection with your loan inquiry. For any service, you represent that all of the information you have provided in your submission and loan inquiry is true, accurate and complete to the best of your knowledge.
You have the right to receive any document in non-electronic form and to withdraw your consent to electronic delivery at any time by contacting Leader Customer Service at [email protected].
When you "submit" information, create an account or otherwise register for services through Leader and its Companies’ website or otherwise, you hereby understand and agree that you have established a business relationship between you and Leader, LLC, which is the owner of this site. Accordingly, Leader, LLC and/or its Companies may send your information to its affiliates, Lenders/Partners as provided in the Privacy Policy. In addition, you agree that Leader may contact you using information you provided with information and offers of services available through Leader and the Websites. You hereby provide express written consent to any such communication or phone calls even if your phone number is on any Do Not Call list, federal, state or corporate. You also agree that calls may be placed live, by automatic dialing, and/or by pre-recorded message. Charges may apply to a mobile phone if that is the number you provided. Communications may also be by email, direct mail, and/or text message. If at any time you do not wish to continue to receive communications from Leader you agree to notify Leader Customer Care by emailing [email protected] directly if you no longer want to receive other forms of communications from us.
B. Returns
NO REFUNDS. If a client receives a lead with false information (example: Mickey Mouse, phone number: 555-555), we are happy to replace that lead. But again, we do not offer refunds.
Our leads are generated when an individual searches certain search terms on Google, sees one of our websites as a result, clicks on one of our websites, and then submits their information on a form on our website, requesting to speak with either a lender or real estate agent. We then automatically send their information to a licensed real estate agent or Lender so they may proceed with their sales process to hopefully acquire a new client. We collect payment for leads upfront monthly, and because of the nature of lead generation, offer no refunds. Potential leads just provide basic information when submitting a contact form. We can’t control the sales ability, follow up consistency, and overall conversion rate of our clients - so we are unable to offer refunds to our lead buyers. We can only control our ability to provide the agreed upon set of information from potential clients, to our clients. You may cancel your account at any time, but will not receive a refund for any deposits made towards leads.
C. Mobile Application Loan Request Service
Leader seeks to provide you multiple conditional loan offers through its network of nonaffiliated lenders. The lenders in this program will be on Leader’s mobile network and may not be shown on Leader’s Lender Partner List but are clearly discernable in the Leader Loan Explorer Rate Table Experience. Any inquiry form filled out on a mobile phone, mobile device, or on any Leader mobile App are handled the same way as the Short Form inquiries described above.
By submitting the mobile loan inquiry form you authorize Leader to match you with up to six (6) lenders each of whom may return multiple loan product offers, on average consumers can receive 30 conditional loan offers from up to six (6) Lenders. Once presented with your lenders and loan offers, Lenders will begin to call you; however, you may request that a lender contact you at another number or via another means of communication. If you wish for a lender to cease calling and competing for your business, you should reach out directly to the lender and request that your inquiry be removed from consideration and to place you on their internal Do-Not-Call List.
If you are utilizing the Leader Loan Explorer Rate Table product you may ask a lender or lenders to contact you by clicking "Contact Me About This Loan", Leader will share your information with such lender(s). You authorize the lenders, along with any additional lenders, Brokers, Partners or investors necessary to complete your loan inquiry to call you at the number provided by live, automated dialing or pre-recorded message even if you are on a Do-Not-Call List. If you provided a mobile number charges may apply. If you provided an email address, Leader, the Lenders, Brokers, Partners, or investors will send you communications electronically until you opt out from the same.
If you provide additional personally identifiable information to the Lender they may do either a soft or hard inquiry into your credit to complete your formal loan application, which means the lender, but not all lenders participate, may request from one or multiple credit bureaus /reporting agencies, your credit bureau report including any ancillary credit scores or ratings and to verify that your request is true and accurate to the best of your knowledge.
By clicking "submit" (or any button indicating acceptance) you are certifying that all of the information you have provided in your loan inquiry is true, accurate and complete to the best of your knowledge. While lending partners may perform the same soft inquiry, it will not impact your score according to Fair Isaac Corporation (the company that provides "FICO" credit scores). http://www.myfico.com/crediteducation/questions/inquiry-credit-score.aspx
If you complete multiple applications you will likely have several hard inquiries on your credit report/score. However, FICO reports that, for mortgage, student loans, credit cards or auto loans, it disregards multiple inquiries prior to the completion (or closing) of the loan and it consolidates these types of credit checks as a single inquiry. FICO considers all inquiries within a 45 day period for a mortgage, auto or student loan as a single inquiry.
Lenders will require additional information prior to providing an actual offer. In these situations, the Lender(s) will contact you directly to discuss your loan request and to discuss the specific terms of your offer(s). By submitting the long-form Leader loan inquiry form, if that process results in you closing a loan you agree to provide information about that resulting loan to Lending Tree, including but not limited to a HUD-1 settlement statement (after August 1, 2015 this will consist of the new integrated Closing Statement), and you authorize Leader Network Lender(s), to provide that information to Leader on your behalf. Certain state regulations require that Leader know the disposition of the inquiry, resulting loan product offered, rate, APR, Loan Amount and other pertinent loan file information in order to adhere to Licensing Record Retention requirements. NOTE: You are providing express written consent for Leader and the selected Lender to share this private personally identifiable information for these purposes, litigation, regulatory request(s), law enforcement requests, internal analytics and/or for marketing purposes.
A. Terms Applicable to All Non-Mortgage Loan Request Services
Leader is not a lender or a creditor. Leader does not make loans or credit decisions in connection with loans. Leader does not endorse or recommend the products of any particular Lender. Leader is not an agent of either you or any Lender. Leader'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 Leader 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 Leader 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 Leader 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. Leader 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 Leader 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. Leader 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, Leader 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, Leader and/or its Lenders may 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, telephone number, date of birth and other important information that will allow them to properly identify you. During the Lenders' formal application process, they may also ask to see your driver’s license or other identifying documentation to further assist in certifying your identity.
Leader is paid a marketing lead generation fee by Lenders for the goods, facilities and services provided. Your use of the Websites and/or Leader'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). Leader 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 consenting, acknowledging and agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry as to a lending product through Leader to each of the Lenders to whom your loan request is transmitted. You are also indicating that you are consenting, acknowledging and agreeing to receive important notices, disclosures and other communications ("Disclosures and Communications") in electronic form (either by email or via the Internet) as provided for in the Consent for Electronic Disclosures and Communications from Leader, LLC and its Network Lenders. You understand that you will need, and have access to an email address, Internet access and PDF software to review the Disclosures and Communications. In addition, you acknowledge that we may access your credit file even if your Social Security Number is not provided and that you have received and reviewed and, where applicable, signed the necessary required disclosures. Not all lenders will receive and/or utilize your SSN to access your credit report and/or credit score. Leader does not perform hard inquiries into credit, rather it does a soft inquiry to adhere to Anti-Money Laundering requirements and to assist in identification and verification of consumers as well as to prevent fraud. The information Leader receives from your credit report and/or credit score is not shared with Lenders, but is used by internal personnel on a “need to know” basis. From time-to-time Leader is examined by State and Federal Regulators and as such is required to maintain your Personally Identifiable Information to adhere to those requirements. Your information may also be obtained from Lenders after you are matched to adhere to state and federal reporting and record retention requirements. You authorize Leader and its participating Lenders to share such information as required.
NOTE: By completing a submission, you agree that Leader can access certain information from your credit file. This information could include, but might not be limited to, your credit report, credit score, and other credit information.You agree that we may use and analyze your information as follows: (a) present you an overview of your credit profile including detailed information where available; (b) provide you with customized recommendations and general information about you; and (c) serve you targeted ads and other communication based on your information.Your credit score or credit report will never be given to a third party by Leader.
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 (whether landline or cellular) 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. In addition, you consent, acknowledge and agree that Leader, a lender with whom you have been matched or an associated third party may use an automatic dialing system in connection with calls made to any telephone number you entered, even if it is a cellular phone number or other service for which the called person(s) could be charged for such call. By saving your information with Leader or by doing a submission, you give Leader 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 delivery 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. You have the right to receive any document in non-electronic form and to withdraw your consent to electronic delivery at any time by contacting Leader Customer Service by emailing [email protected].
When you "submit" information, create an account or otherwise register for services through Leader, LLC and its Companies’ website or otherwise, you understand and agree that you have established a business relationship between you and Leader, LLC, which is the owner of this site. Accordingly, Leader, LLC and/or its Companies may send your information to its affiliates as provided in the Privacy Policy . and you agree that Leader and/or its Companies may contact you using information you provided with information and offers of services available through Leader 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. If at any time you do not wish to continue to receive communications from Leader, LLC or its Companies’ or its affiliates’ communications, you may modify your preferences by clicking contacting Leader. In addition, you agree to notify Leader Customer Care at by emailing [email protected] directly if you no longer want to receive other forms of communications from us.
6. REALTY SERVICES
By clicking on any button indicating an acceptance or agreement to terms, a continuance of processing or submission ("submission"), including any submission made in connection with an inquiry for other Leader products or services on which you indicate your desire to be connected with a real estate company, you understand that you are agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry to Leader and its network of real estate companies ("real estate companies"). Further, that you are representing all of the information you have provided in the referral form is true and complete. You authorize Leader to forward your information to its network of real estate companies. You further understand and agree that by selecting a real estate company or other provider, you are extending an express invitation for them to contact you by telephone at the numbers (whether landline or cellular) 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 company, you understand and agree that you are extending an express invitation to real estate companies to call you by telephone at the numbers (whether landline or cellular) 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 companies 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.
7. COPYRIGHT, TRADEMARK AND SERVICE MARK NOTICES
All contents of the Websites are: Copyright © 2015 - 2019 Leader LLC and/or its suppliers, Lenders, Providers or real estate companies. All rights reserved. Leader is a landing page created by Leader 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 Leader or the applicable Mark holder specific for each such use. The Marks may not be used to disparage Leader, 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 Leader 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. Leader 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 Leader 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
Leader intends that the information contained in the Websites be accurate and reliable; however, errors sometimes occur. The information is provided as a service to the general public over the age of eighteen and is subject to change without prior notice. In addition, changes and improvements to the information provided herein and are provided "as-is" without warranty of any kind, implied, expressed or otherwise. Under no circumstances will Leader 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". Leader AND/OR ITS SUPPLIERS, LENDERS, PROVIDERS OR REAL ESTATE COMPANIES 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 Leader'S SERVICES IS AT YOUR OWN RISK. Leader AND/OR ITS SUPPLIERS, LENDERS, PROVIDERS OR REAL ESTATE COMPANIES 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 Leader'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 Leader 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 Leader AND/OR ITS SUPPLIERS, PROVIDERS OR REAL ESTATE COMPANIES 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
Leader, Lenders, Providers and real estate companies may choose to electronically deliver all information related to its services and your requests. Leader, Lenders, Providers and real estate companies' 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, State disclosures, other terms, conditions and documents, and the privacy policies of Leader, Lenders, Providers and real estate companies.
You agree to receive all current and future notices, disclosures, communications and information, and to do business electronically with Leader, Lenders, Providers and real estate companies. This means that Leader, Lenders, Providers and real estate companies 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 companies 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.
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
You have the right to receive any document in non-electronic form and to withdraw your consent to electronic delivery at any time by contacting Leader Customer Service at 1-800-555-8733 or by emailing [email protected].
10. PRIVACY POLICY
The Leader 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 Leader's services, you agree to indemnify Leader and its suppliers, Lenders, Providers or real estate companies 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. LIMITATION ON DAMAGES
In no event will Leader have any liability to you in excess of actual compensatory damages. You irrevocably waive any claim to consequential, punitive or exemplary damages.
13. 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. Leader does not operate or control in any respect any information, software, products or services available on such websites. Leader'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 Leader 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.
14. ERRORS AND DELAYS
Leader 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.
15. DISPUTE RESOLUTION
Any claim or controversy arising out of or relating to the use of the Websites, to the goods or services provided by Leader, or to any acts or omissions for which you may contend Leader 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 Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association ("AAA") dated September 15, 2005. The arbitration shall be venued in consumer location 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 parties shall agree on an arbitrator mutually agreeable to both parties. Should the AAA decline to accept a matter submitted for individual (non-class) arbitration under these Terms of Use, the parties shall jointly select another arbitrator. In the event the parties are unable to agree on a neutral arbitrator, the claimant may file suit in any court of competent jurisdiction solely for the purpose of requesting the appointment of an arbitrator for individual (non-class) arbitration, as provided for in Section 5 of the Federal Arbitration Act. 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. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this agreement with 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 LEADER 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 Leader'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 Leader, 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.
16. 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 Leader) constitutes the entire agreement between you and Leader and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Leader 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.
