Lending Tree Home Pros Terms of Use

LendingTree, LLC and its Companies
11115 Rushmore Dr.
Charlotte, NC 28277

Customer Service: 888-272-1355
Fax: 704-541-1824
E-mail: customercare@lendingtree.com


Last Updated 6/7/2012

Table Of Contents

1. Terms Of Use Agreement for All Services and Uses Of The Websites
2. Consumer Information Security Policy
3. Mortgage Loan Request Services
       A. Terms Applicable to All Mortgage Loan Request Services
       B. Traditional (Long-Form) Request Service
       C. QuickMatch and GetSmart® Loan Request Services
       D. Mobile Application Loan Request Service
4. Non-Mortgage Loan Request Services
       A. Terms Applicable to All Non-Mortgage Loan Request Services
       B. LendingTree and GetSmart® Non- Mortgage Loan Request Services
       C. 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
5. Request for other Products and Services
       A. Terms Applicable to All Requests for other Products and Services
6. Realty Services
7. Copyright, Trademark and Service Mark Notices
8. Disclaimers And Liability
9. Electronic Communications/Notices and Information Delivered Electronically
10. Privacy Policy
11. Indemnity
12. Limitation on Damages

13. Links To Third Party Websites
14. Errors And Delays
15. Dispute Resolution
16. Other Terms


1. TERMS OF USE AGREEMENT FOR ALL SERVICES AND THE WEBSITES
LendingTree 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, 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 LendingTree, LLC and its companies offered through alternative methods, including persons that allow others to provide information about themselves to LendingTree (as defined below), the banks, lenders, financial institutions, providers,  real estate companies, and brokers on LendingTree's network ("Lenders"), Providers (as defined in section 5) or real estate companies (as defined in section 6). "LendingTree", "us" or "we" means, but is not limited to the following entities:

• Tree.com, Inc.
• LendingTree, LLC
• LT Real Estate, Inc.
• LendingTree, Inc. (MN, MT, NH, NJ, OH, PA, TN, UT, WV)
• LendingTree, LLC d/b/a LT Technologies (NY, TX)
• LendingTree, LLC d/b/a LT Technologies, LLC (NJ, RI, WA) 
• Tree Home Services, Inc.
• DegreeTree Inc.
• and their divisions /service groups (including, but not limited to, Get Smart®, GetSmart.com, DoneRight!®, DegreeTree®, InsuranceTree®, HealthTree, LendingTree Autos, and ServiceTree.


LendingTree is 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.

LendingTree operates the Websites and shall have the right at any time to change or discontinue any aspect or feature of the Websites and the right to modify the terms and conditions applicable to users of the Websites, including these Terms of Use, or any part hereof. Such changes, modification, additions or deletions shall be effective immediately upon posting on the Websites. Any use by you of the Websites or the good, facilities or services offered in or through the Websites shall be deemed to constitute acceptance of such changes.

2. CONSUMER INFORMATION SECURITY POLICY
The LendingTree Consumer Information Security Policy, hereby incorporated by reference into this Agreement, explains the policy applicable to the information that is collected through the Websites, received directly from you or transmitted to or from third parties.

3. MORTGAGE LOAN REQUEST SERVICES
LendingTree offers two mortgage loan request services, each of which is explained in more detail below.

• The first service option is the LendingTree process that occurs when you complete a traditional (long-form) request and get matched with Lenders who may respond with conditional loan offers. You may also be given the option to provide your Social Security number in connection with the QuickMatch service (described below) and, if you do so, you may receive conditional loan offers.

• The second service option is LendingTree’s QuickMatch or GetSmart® service, which you may either (i) select prior to completing the long-form loan request or (ii) directly select. If you select the QuickMatch or GetSmart® service, we will match you with Lenders on LendingTree’s GetSmart® network using a subset of the information contained on the long-form request. Because these matches are generated from a subset of information from the long-form loan request, the Lenders on the GetSmart® network will not be able to respond with customized offers until they speak with you to get additional information. QuickMatch is not available for all loan programs.

A. Terms Applicable to All Mortgage Loan Request Services
LendingTree is a marketing lead generator, required to be licensed as a Mortgage Broker.  LendingTree does not take applications, make loans or credit decisions in connection with loans, nor does LendingTree issue commitments or lock-in agreements.  LendingTree’s 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 may have to complete an application with a Lender 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 LendingTree, will determine the amount of any such fee and should provide information to you regarding the refundability of any such fee.  LendingTree, LLC does not endorse or recommend the products of any particular Lender. Except as otherwise provided for your state (please see the Licenses and Disclosures section of the Websites), LendingTree, LLC is not an agent of you or any Lender. LendingTree, LLC's services are only administrative. You should rely on your own judgment in deciding which available loan product, terms and Lender best suits your needs and financial means. The Lender is solely responsible for its services to you, and you agree that LendingTree, LLC shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such services. You understand that Lenders may keep your loan request information and any other information provided by LendingTree, 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.

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

The data and other information you may provide LendingTree is not, and is not treated as, an application for a loan or a request to be pre-approved, pre-qualified or any similar concept. LendingTree does not guarantee acceptance into any particular loan program or specific loan terms or conditions with any Lender; loan approval standards are established and maintained solely by individual Lenders. Likewise, LendingTree does not guarantee that the loan terms or rates offered and made available by Lenders are the best terms or lowest rates available in the market. A Lender's offer may be subject to market conditions, approval and qualification. The rates and fees actually provided by Lenders may be higher or lower depending on your complete credit profile, collateral/property considerations including but not limited to location, equity and value and income/asset consideration including, but not limited to loan to value and debt to income ratios. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for a loan commitment or interest rate lock-in agreement. Lenders may not offer all products as well as not offer products in all states. You might not be matched with the Lender making any specific offer. To help the government fight identity theft, the funding of terrorism and money laundering activities, and to help attempt to verify your identity, LendingTree and its Lenders may obtain, verify and record information that identifies each person who opens an account with us and them. LendingTree 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. During the Lender application process, they may also ask to see your driver’s license or other identifying documentation to further properly identify you.

LendingTree is paid a marketing lead generation fee by Lenders for the goods, facilities and services provided. Lenders are not to directly charge you for any such marketing lead generation fee.  Depending on the Lender, the marketing lead generation fee paid by the Lender may be included in your rate, points or loan terms. Regardless from whom you obtain a loan from LendingTree’s network of Lenders, at closing you will be responsible for paying for any settlement or closing costs associated with your loan (such as loan processing, underwriting, or funding fees, title insurance premiums, notary fees, etc.). LendingTree does not charge you a fee for its service in matching you with Lenders.

By clicking on any button indicating an acceptance or agreement to terms, a continuance of processing or submission ("submission") you understand that you are 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 LendingTree 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 LendingTree, 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. By submitting the loan request containing your electronic signature, you are extending an express invitation to each Lender you have been matched with to contact you by telephone at the numbers you have provided so they may assist you with your transaction, and you hereby consent to any such calls even if your phone number is on any Do Not Call list, or by email at the email address you provided or at another address that may be associated with you that we receive from Lenders or other parties and you hereby consent to any such email so it will not be considered spam or unauthorized by any local, state or federal law or regulation. In addition, you consent, acknowledge and agree that LendingTree, 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 LendingTree or by doing a submission, you give LendingTree permission to retain all such provided information and to make live or recorded calls to discuss, provide or remind you of any information in regards to your submission, including incomplete loan requests, the 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 LendingTree Customer Service at 888-272-1355 or by emailing customercare@lendingtree.com.

When you "submit" information, create an account or otherwise register for services through LendingTree, LLC and its Companies’ website or otherwise, you hereby understand and agree that you have established a business relationship between you and LendingTree, LLC, which is the owner of this site. Accordingly, LendingTree, LLC and/or its Companies may send your information to its affiliates as provided in the Privacy Policy. In addition, you agree that LendingTree may contact you using information you provided with information and offers of services available through LendingTree and the Websites. You hereby consent to any such communication or phone calls even if your phone number is on any Do Not Call list.  If at any time you do not wish to continue to receive communications from LendingTree, LLC or its Companies’ or its affiliates’ communications, you may modify your preferences by clicking here . In addition, you agree to notify LendingTree Customer Care at 1-888-272-1355 or by emailing privacy@tree.com directly if you no longer want to receive other forms of communications from us.

B. Traditional (Long-Form) Request Service
LendingTree seeks to provide you multiple conditional loan offers through its network of nonaffiliated Lenders. By submitting the long-form request form, you authorize LendingTree to provide information provided by you or third parties either to Lenders on the LendingTree network, along with any additional lenders or investors necessary to complete your loan transaction. You also authorize LendingTree, its Lenders, along with any additional Lenders or investors necessary to complete your loan transaction, to request from one or multiple credit bureaus /reporting agencies, your credit bureau report including any ancillary credit scores or ratings and to verify that your request is true and accurate. By clicking “submit” (or any button indicating acceptance) you are certifying that all of the information you have provided in your loan request is true, accurate and complete. At the present time, Fair Isaac Corporation (the company that provides "FICO" credit scores) reports that, for mortgage or auto loans, it disregards those inquiries made in the 30 days prior to the lender receiving the credit score and that beyond the 30 days, it consolidates all credit inquiries that occur within a 14-day period into one inquiry for scoring purposes. Some Lenders will require addition information prior to providing an 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 LendingTree loan request 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, and you authorize the Lender, as applicable, to provide that information to LendingTree on your behalf.

LendingTree Network of Lenders. LendingTree seeks to provide you multiple conditional loan offers through its network of nonaffiliated Lenders (U.S. based banks, thrifts, mortgage brokers, mortgage bankers and finance companies). To view LendingTree’s network of Lenders, click here.

To determine which Lenders may be matched with you, Lenders provide to us criteria about the type of loan (for example, loan amount; whether purchase, refinance, or equity loan) and the type of loan customer (for example, state of residence or creditworthiness) in which the Lender is interested. LendingTree will provide your information to up to six Lenders whose criteria match your profile. If fewer than six Lenders match your profile, you will receive conditional loan offers from fewer than six Lenders.

If offered to you, you can also authorize LendingTree to simultaneously submit a loan request to its GetSmart® network if LendingTree cannot match you with six Lenders who make you conditional loan offers. LendingTree will attempt to match you with Lenders that can make conditional loan offers first then use its GetSmart® network using the process described in the section below entitled "QuickMatch and GetSmart® Services". NOTE – If you close a loan with a Lender that does not provide an initial conditional loan offer (that is, from the QuickMatch or GetSmart® programs), you will not be eligible for any incentives related to closing your loan. You are only eligible for such incentives by going through an affinity partner, filling out the long-form loan request, closing with a Lender from the traditional (long-form) LendingTree loan request service, and meeting all other requirements for the incentive. In the QuickMatch and GetSmart® services, you may be matched with other Lenders.

C. QuickMatch and GetSmart® Loan Request Services
By submitting the shorter LendingTree QuickMatch or GetSmart® loan request form, you authorize LendingTree to provide your information to up to six Lenders. The Lenders in this program will be on LendingTree’s QuickMatch or GetSmart® network (QuickMatch and GetSmart® are services offered by LendingTree). These Lenders may not be shown on LendingTree’s Lender Scorecard. NOTE – If you use the QuickMatch or GetSmart® program, you will not be eligible for any incentives related to filling out the traditional (long-form) LendingTree loan request or closing your loan. You are only eligible for such incentives by going through an affinity partner, filling out the traditional (long-form) loan request and meeting all other requirements for the incentive.

In the QuickMatch or GetSmart® process, you may be given the option to provide your Social Security Number and/or have your credit pulled in order to improve your Lender matches. The Lenders you are matched with may later require a Social Security Number to proceed with your loan request. If you elect this option, you authorize LendingTree to provide information that you provided or that LendingTree has or may receive to up to six Lenders, along with any additional lenders or investors necessary to complete your loan transaction, on the LendingTree QuickMatch or GetSmart® network. You also authorize QuickMatch®, GetSmart® and their Lenders, along with any additional lenders or investors necessary to complete your loan transaction, to request from one or multiple credit bureaus /reporting agencies, your credit bureau report including any ancillary credit scores or ratings and to verify that your request is true and accurate. By clicking “submit” (or any button indicating acceptance) you are certifying that all of the information you have provided in your loan request is true, accurate and complete.  At the present time, Fair Isaac Corporation (the company that provides "FICO" credit scores) reports that, for mortgage or auto loans, it disregards those inquiries made in the 30 days prior to the lender receiving the credit score and that beyond the 30 days, it consolidates all credit inquiries that occur within a 14-day period into one inquiry for scoring purposes. Some Lenders will require addition information prior to providing an 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 LendingTree QuickMatch or GetSmart® loan request form, if that process results in you closing a loan you agree to provide information about that resulting loan to LendingTree, including but not limited to a HUD-1 settlement statement, and you authorize LendingTree Network Lender(s), to provide that information to LendingTree on your behalf.

D.  Mobile Application Loan Request Service
LendingTree seeks to provide you multiple conditional loan offers through its network of nonaffiliated lenders.  The lenders in this program will be on LendingTree’s mobile network and may not be shown on LendingTree’s Lender Scorecard.   By submitting the mobile loan request form you authorize LendingTree to match you with multiple lenders and up to 30 conditional loan offers. Once presented with your lenders and loan offers, you may request that a lender contact you.  In the event you ask a lender or lenders to contact you by clicking “Contact Me About This Loan”, LendingTree will share your information with such lender(s).  You authorize the lenders, along with any additional lenders or investors necessary to complete your loan transaction, to request from one or multiple credit bureaus /reporting agencies, your credit bureau report including any ancillary credit scores or ratings and to verify that your request is true and accurate. By clicking “submit” (or any button indicating acceptance) you are certifying that all of the information you have provided in your loan request is true, accurate and complete.  At the present time, Fair Isaac Corporation (the company that provides "FICO" credit scores) reports that, for mortgage or auto loans, it disregards those inquiries made in the 30 days prior to the lender receiving the credit score and that beyond the 30 days, it consolidates all credit inquiries that occur within a 14-day period into one inquiry for scoring purposes. Some Lenders will require addition information prior to providing an 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 requesting that lenders contact you, you are extending an express invitation to each Lender to contact you by telephone at the numbers you have provided (whether landline or cellular number) so they may assist you with your transaction, and you hereby consent, acknowledge and agree 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.

4. NON-MORTGAGE LOAN REQUEST SERVICES
LendingTree offers non-mortgage (including automobile loan, commercial loan, credit card, personal loans and student loan) loan request services, explained in more detail below.

A. Terms Applicable to All Non-Mortgage Loan Request Services
LendingTree is not a lender and does not make loans or credit decisions in connection with loans. LendingTree does not endorse or recommend the products of any particular Lender. LendingTree is not an agent of either you or any Lender. LendingTree's services are only administrative. You should rely on your own judgment in deciding which available loan product, terms or Lender best suits your needs and financial means. The Lender is solely responsible for its services to you, and you agree that LendingTree shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such services. You understand that Lenders may keep your loan request information and any other information provided by LendingTree or received by them in the processing of your loan request, whether or not you are qualified for a loan with them or if you make a loan with them. You agree to notify any particular Lender directly if you no longer want to receive communications from them.

The Websites and the services provided by LendingTree are available in connection with non-mortgage loans unless otherwise specified. Loans may only be made to residents of states where Lenders are licensed or authorized to make such loans. Lenders are not attempting to make loans outside of their authorized states or country by participating in and offering their products on the Websites. LendingTree and Lenders expressly reserve the right to discontinue, suspend or terminate the offering of any loan product in any specific state through the Websites at any time, without prior notice.

The data and other information you may provide LendingTree is not, and is not treated as, an application for a loan or a request to be pre-approved, pre-qualified or any similar concept. LendingTree does not guarantee acceptance into any particular loan program or specific loan terms or conditions with any Lender; loan approval standards are established and maintained solely by individual Lenders. Likewise, LendingTree does not guarantee that the loan terms or rates offered and made available by Lenders are the best terms or lowest rates available in the market. A Lender's conditional loan offer may be subject to market conditions, approval and qualification. The rates and fees actually provided by Lenders may be higher or lower depending on your complete credit profile, collateral/property considerations (if applicable) including but not limited to location, equity and value and income/asset consideration including but not limited to loan to value and debt to income ratios. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for a loan commitment or interest rate lock-in agreement. Lenders may not offer all products as well as not offer products in all states. You might not be matched with the Lender making any specific offer. To help the government fight identity theft, the funding of terrorism and money laundering activities, LendingTree 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.

LendingTree is paid a marketing lead generation fee by Lenders for the goods, facilities and services provided. Your use of the Websites and/or LendingTree's services constitutes your agreement with this compensation arrangement. At closing, you will be responsible for paying for any closing costs associated with your loan (such as loan processing, underwriting or funding fees). LendingTree does not charge you a fee for its service in matching you with Lenders.

By clicking on any button indicating an acceptance or agreement to terms, a continuance of processing or submission ("submission") you understand that you are 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 LendingTree 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 LendingTree, 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. 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 LendingTree, 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 LendingTree or by doing a submission, you give LendingTree permission to retain all such provided information and to make live or recorded calls to discuss, provide or remind you of any information in regards to your submission, including incomplete loan requests, the 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 LendingTree Customer Service at 888-272-1355 or by emailing customercare@lendingtree.com.

When you "submit" information, create an account or otherwise register for services through LendingTree, LLC and its Companies’ website or otherwise, you understand and agree that you have established a business relationship between you and LendingTree, LLC, which is the owner of this site.  Accordingly, LendingTree, LLC and/or its Companies may send your information to its affiliates as provided in the Privacy Policy . and you agree that LendingTree and/or its Companies may contact you using information you provided with information and offers of services available through LendingTree and the Websites. You hereby consent to any such communication or phone calls even if your phone number is on any Do Not Call list .If at any time you do not wish to continue to receive communications from LendingTree, LLC or its Companies’ or its affiliates’ communications, you may modify your preferences by clicking here. In addition, you agree to notify LendingTree Customer Care at 1-888-272-1355 or by emailing privacy@tree.com  directly if you no longer want to receive other forms of communications from us.

B. LendingTree and GetSmart® Non-Mortgage Loan Request Services
The LendingTree and GetSmart® services provide for multiple loan conditional offers through their networks of nonaffiliated Lenders. By submitting the loan request form, you authorize LendingTree to provide information provided by you or that LendingTree including GetSmart® has or may receive from others, to Lenders on their networks, along with any additional Lenders or investors necessary to complete your loan transaction. You also authorize LendingTree including GetSmart® and its Lenders along with any additional Lenders or investors necessary to complete your loan transaction, to request from one or multiple credit bureaus /reporting agencies, your credit bureau report including any ancillary credit scores or ratings and to verify that your request is true and accurate. By clicking “submit” (or any button indicating acceptance) you are certifying that all of the information you have provided in your loan request is true, accurate and complete.  At the present time, Fair Isaac Corporation (the company that provides "FICO" credit scores) reports that, for mortgage or auto loans, it disregards those inquiries made in the 30 days prior to the lender receiving the credit score and that beyond the 30 days, it consolidates all credit inquiries that occur within a 14-day period into one inquiry for scoring purposes. Some Lenders will require addition information prior to providing an 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). In the GetSmart® process, you may be given the option to provide your Social Security Number and/or have your credit pulled in order to improve your Lender matches. The Lenders you are matched with may later require a Social Security Number to proceed with your loan request.

To determine which Lenders may be matched with you, Lenders provide us criteria about the type of loan (for example, loan amount or credit terms) and the type of loan customer (for example, state of residence or creditworthiness) in which the Lender is interested. LendingTree will provide your information to up to five Lenders whose criteria match your profile. If fewer than five Lenders match your profile, you will receive conditional loan offers from fewer than five Lenders.

NOTE – If you use the GetSmart® program, you will not be eligible for any incentives related to filling out the long-form LendingTree loan request or closing your loan. You are only eligible for such incentives by going through an affinity partner, filling out the long-form loan request and meeting all other requirements for the incentive.

C. Additional Terms Applicable to Auto Loan Request Services
If you request an auto loan and qualify for the Dealer Referral Program, LendingTree may also provide your information with one or more of the lenders, providers or third party marketing companies in that program. The Dealer Referral Program allows you to get financing quotes from a dealership in your area; currently, Car.com, CarLoan.com and Autobytel participate in the program. In addition, you may be matched with one or more lenders offering unsecured conditional loans with which you could finance your automobile or motorcycle.

D. Additional Terms Applicable to Credit Card, Personal Loan and Commercial Loan Request Services
If you request a credit card, personal loan or commercial loan, LendingTree may also provide your information with one or more of the lenders or providers in that program.

E. Additional Terms Applicable to Student Loan Request Service
Private student loans offered through LendingTree Lenders do not require school certification and the proceeds are disbursed in the form of a check mailed directly to you, or if more than one person, the person with the stronger credit profile.

The interest rates and loan fees associated with private student loans are generally higher than the interest rates and loan fees associated with federal certified loans. The proceeds of your loan must be used for educational purposes.

All loans are subject to credit approval. Interest rates and loan fees vary and are based upon borrower and/or cosigner (where applicable), credit score and other underwriting criteria. Approval and underwriting criteria standards are established and maintained solely by the individual Lender(s) and not by LendingTree.

When Lenders receive your loan request, they are not agreeing to lend you money and there will not be such an agreement until the time that the loan is actually disbursed to you. Lenders have the right to accept or reject your cosigner and lend an amount less than the amount requested.

In addition, by submitting your loan request, you authorize the Lenders to verify the accuracy and authenticity of all information supplied by you both internally and with the assistance of non-affiliated third parties. Specifically, you authorize the Lenders to verify your enrollment status with your school and other organizations and to verify your employment status by contacting your employer. Lender may also verify any income information that you provide. In all cases, Lender may disclose the fact that you are applying for credit from Lender.

If your loan request is conditionally approved by a Lender, the amount and other details of your offered loan, including the interest rate and loan fee, will be disclosed to you in a Truth-in-Lending Disclosure Statement that you will receive with your Student Loan Promissory Note. If after reviewing the terms of the Promissory Note, you determine that you want the offered loan, you will:

1. Review and sign the Promissory Note along with your cosigner (if applicable).
2. Return the signed original Promissory Note within sixty (60) days of receipt; and
3. Return any additional documentation requested by Lender.

Notice For California Residents.
A married consumer may request separate credit.  A married consumer may include a spouse’s income even when requesting for a separate account.

Notice For Ohio Residents.
The Ohio laws against discrimination require that all creditors make credit equally available to all credit worthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request.  The Ohio Civil Rights Commission administers compliance with the law.

Notice For Married Wisconsin Residents.
No provision of a marital property agreement (pre-marital agreement), a unilateral statement under Section 766.59 of the Wisconsin Statutes, or a court decree under Section 766.70 of the Wisconsin Statutes adversely affects the interest of the creditor unless, prior to the time the credit is granted, the creditor is furnished a copy of the marital property agreement, statement, or decree or has actual knowledge of the adverse provision when the obligation to the creditor is incurred. If the loan for which you are applying is granted, your spouse will also receive notification that credit has been extended to you.

5. REQUEST FOR OTHER PRODUCTS AND SERVICES (INCLUDING FINDER/LOCATOR SERVICES)
LendingTree offers  requests for other products and services on the Websites. You may be able to access these products and services when you complete a request and either (i) get matched with potential third party providers ("Provider" includes any third-party affiliate or finder of a Provider) who will respond with conditional offers for products or services or (ii) get provided with the name and information about potential Providers who may able to respond with the requested products or services or information about the requested products or services without any offers. The Providers that can provide you with conditional offers may not respond with  offers  until they speak with you to get additional information.

A. Terms Applicable to All Requests for other Products and Services
LendingTree is not a provider of products or services and does not make any decisions in connection with the products or services offered by Providers. LendingTree does not endorse or recommend the products or services of any particular Provider on any of its Websites. LendingTree is not an agent of either you or any Provider. LendingTree's services are only administrative. You should rely on your own judgment in deciding which available product or service and Provider best suits your needs and financial means. The Provider is solely responsible for its services to you, and you agree that LendingTree shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such products or services. You understand that Providers may keep your request information and any other information provided by LendingTree or received by them in the processing of your request, whether or not you are qualified for the product or service with them or if you acquire a product or service with them. You agree to notify any particular Provider directly if you no longer want to receive communications from them.

Products and services may only be made to residents of states where Providers are licensed or authorized to make such products or services available. LendingTree and Providers expressly reserve the right to discontinue, suspend or terminate the offering of any product or service in any specific state through the Websites at any time, without prior notice.

The data and other information you may provide LendingTree is not, and is not treated as, an application for that product or service. LendingTree does not guarantee acceptance into any particular program or specific term or condition with any Provider; approval standards are established and maintained solely by individual Providers. Likewise, LendingTree does not guarantee that the terms or rates for the products or services offered and made available by Providers are the best terms or lowest rates available in the market. A Provider's products or services may be subject to market conditions, approval and qualification. The terms and rates actually provided by Providers may be higher or lower depending on your individual financial profile, your location and other considerations. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for a product or service. Providers may not offer all products or services as well as not offer products or services in all states. You may not be matched with the Provider making any specific offer.

LendingTree is paid a marketing lead generation fee by either the Provider or a third party "finder" (if the finder markets for or to the Provider) for the goods, facilities and services LendingTree provided. Your use of the Websites and/or LendingTree's services constitutes your agreement with this compensation arrangement. You will be responsible for paying for any cost associated with the product or service. LendingTree does not charge you a fee for its services.

By clicking on any button indicating an acceptance or agreement to terms, a continuance of processing or submission ("submission") you understand that you are 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 LendingTree 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 LendingTree, 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. By submitting the request containing your electronic signature, you are extending an express invitation to each Provider to contact you by telephone at the numbers (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(s) are on any Do Not Call list, or by email at the email address you provided or at another address that may be associated with you that we receive from Providers or other parties and you hereby consent to any such email so it will not be considered spam or unauthorized by any local, state or federal law or regulation. In addition, you consent, acknowledge and agree that LendingTree, 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 LendingTree or by doing a submission, you give LendingTree permission to retain all such provided information and to make live or recorded calls to discuss, provide or remind you of any information in regards to your submission, including incomplete requests, the delivery of request matches, deadlines, quality of services or other matters in connection with your request. For any product or service, you represent that all of the information you have provided in your submission and 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 LendingTree Customer Service at 888-272-1355 or by emailing customercare@lendingtree.com.

By submitting the request form, you authorize LendingTree to provide information that you provided or that LendingTree has or may receive from others to Providers or their finders, along with any additional providers necessary to complete your transaction. By submitting any eligibility form, you authorize LendingTree to provide your information to up to five Providers or finders to discuss, review or provide product or services information and opportunities. You also authorize LendingTree and its Providers and finders along with any additional providers necessary to complete your transaction, to request from one or multiple credit bureaus /reporting agencies, your credit bureau report including any ancillary credit scores or ratings.

6. REALTY SERVICES
By clicking on any button indicating an acceptance or agreement to terms, a continuance of processing or submission ("submission"), including any submission made in connection with an inquiry for other LendingTree 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 LendingTree 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 LendingTree 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. Real estate programs are administered by LendingTree, a licensed real estate broker.

7. COPYRIGHT, TRADEMARK AND SERVICE MARK NOTICES
All contents of the Websites are: Copyright © 1998 -  2012 LendingTree, LLC and/or its suppliers, Lenders, Providers or real estate companies, 11115 Rushmore Dr., Charlotte, NC 28277, U.S.A. All rights reserved. LendingTree is a registered trademark of LendingTree, LLC. Other product and company names mentioned herein, including the names of Lenders, may be the trademarks of their respective owners.

Nothing on the Websites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any service mark or trademark (individually and collectively, "Mark" or "Marks") displayed on the Websites, without the prior written permission of the LendingTree or the applicable Mark holder specific for each such use. The Marks may not be used to disparage LendingTree, the Lenders, the applicable third party or the products or services of such parties, nor shall they be used in any manner that may damage any goodwill in the Marks. Use of any Mark as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by LendingTree in writing.

The Websites contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Websites are copyrighted as a collective work under the United States copyright laws. LendingTree owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express written permission of LendingTree and the copyright owner. Elements of the Websites are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.

8. DISCLAIMERS AND LIABILITY
LendingTree intends that the information contained in the Websites be accurate and reliable; however, errors sometimes occur. 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 LendingTree be liable for any loss or damage caused by your reliance on information obtained through the Websites. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Websites.

THE WEBSITES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS". LENDINGTREE AND/OR ITS SUPPLIERS, LENDERS, PROVIDERS OR REAL ESTATE 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 LENDINGTREE'S SERVICES IS AT YOUR OWN RISK. LENDINGTREE 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 LENDINGTREE'S SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITES, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED AT THE WEBSITES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO LENDINGTREE RECORDS, PROGRAMS OR SERVICES,  OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LENDINGTREE AND/OR ITS SUPPLIERS, PROVIDERS OR REAL ESTATE 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
LendingTree, Lenders, Providers and real estate companies may choose to electronically deliver all information related to its services and your requests. LendingTree, 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 LendingTree, 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 LendingTree, Lenders, Providers and real estate companies. This means that LendingTree, 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. The Consent for Electronic Disclosures and Communications from Network Lenders is the disclosure that provides greater detail. 

Technical Requirements
To access and retain information and notices we send or make available to you electronically, you will need:
• Internet access with 128-bit encryption
• Adobe Acrobat Reader 6 or higher
• Ability to Print Internet Explorer 6 or higher
• Netscape 8.04 and above (Use in IE mode)
• Email Access or Firefox version 1.5

 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 LendingTree Customer Service at 888-272-1355 or by emailing customercare@lendingtree.com.

10. PRIVACY POLICY
The LendingTree Privacy Policy, hereby incorporated by reference into this Agreement, explains the policy applicable to the information that is collected through the Websites or received directly from you.

11. INDEMNITY
As a condition of use of the Websites and/or LendingTree's services, you agree to indemnify LendingTree and its suppliers, Lenders, Providers or real estate 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 LendingTree 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. LendingTree does not operate or control in any respect any information, software, products or services available on such websites. LendingTree's inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization. When you leave the Websites please note that LendingTree is not responsible for the accuracy or content of the information provided by that website, nor is it liable for any direct or indirect technical or system issues arising out of your access to or use of third party technologies or programs available through that website.

14. ERRORS AND DELAYS
LendingTree is not responsible for any errors or delays in responding to a request or referral form caused by, including but not limited to, an incorrect email address provided by you or other technical problems beyond our reasonable control.

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 LendingTree, or to any acts or omissions for which you may contend LendingTree is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the 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 an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND LENDINGTREE WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, and the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using LendingTree's goods, facilities and services, you consent to these restrictions.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and LendingTree, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Mecklenburg County, North Carolina. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys' fees.

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 LendingTree) constitutes the entire agreement between you and LendingTree and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and LendingTree with respect to the Websites and information, software, products and services associated with it. This Agreement shall be subject to and construed in accordance with the laws of the State of North Carolina, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

 

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