Terms of Use ~ Mortgage Trailblazers

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) Loan Smart Loan Request Service
C. ‘Smart Match’ 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. Loan Smart and 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

Loan Smart, 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 Loan Smart, LLC (“Site” and/or “Services”) and its companies offered through alternative methods, including persons that allow others to provide information about themselves to Loan Smart, LLC (as defined below), the banks, lenders, financial institutions, providers, real estate companies, and brokers on Loan Smart’s 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). “Loan Smart”, “us” or “we” means, but is not limited to the following entities:
· Get Loan Smart
· Loan Smart
· Smart Match.
· Smart Lender
· Wilstrong Solutions, LLC.
· Wilstrong Productions, LLC.
· and their divisions /service groups (including, but not limited to, Loan Smart Partners and Get loanSmart.com.

Loan Smart, LLC 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.

Loan Smart, LLC (hereinafter “Loan Smart”) 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 Loan Smart, LLC’s Services.

CONSUMER INFORMATION SECURITY POLICY

The Loan Smart 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.

MORTGAGE LOAN REQUEST SERVICES

Loan Smart offers two mortgage loan request services via one hybrid form, each of which is explained in more detail below.

The first service option is the Loan Smart process that occurs when you complete a traditional (long-form which means you provide your Social Security Number (SSN) after agreeing to the full Electronic Consent and these Terms of Use and the above Privacy Policy) request and get matched with Lenders, Brokers, or Partners who may respond with conditional loan offers posted back to your Loan Smart Account.

The second service option is Loan Smart’s ‘Smart Match’ service (commonly referred to as “short form” wherein you do not provide your Social Security Number after agreeing to the full Electronic Consent and these Terms of Use and the above Privacy Policy), which you may either (i) select prior to completing the long-form loan request or (ii) directly select. If you select the ‘Smart Match’ service, we will match you with Lenders, Brokers or Partners (hereinafter collectively Lenders) on Loan Smart’s network using a subset of the information contained on the Loan Smart form request. Because these matches are generated from a subset of information from the form request, the Lenders on the network will not be able to respond with customized conditional offers until they speak with you to get additional information. ‘Smart Match’ short form matches are not available for all loan programs.

Terms Applicable to All Mortgage Loan Inquiry Services

Loan Smart is an Online Loan Marketplace that enables consumers to comparison shop for mortgage loan products. Loan Smart 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. Loan Smart DOES NOT make loans or credit decisions in connection with loans, nor does Loan Smart issue commitments or lock-in agreements. Loan Smart’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 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 Loan Smart, will determine the amount of any such fee and should provide information to you regarding the refundability of any such fee. Loan Smart 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), Loan Smart 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 Loan Smart 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 Loan Smart, 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 Loan Smart 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 Loan Smart 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 Loan Smart and the selected Lender to share this information for this purpose.

The Websites and the Services provided by Loan Smart 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. Loan Smart 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 Loan Smart is not, and is not treated as, an application for a loan or a request to be pre-approved, pre-qualified (unless participating in the Pre-Qualification/Dream Home Companion Product) or any similar concept. Loan Smart 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, Loan Smart 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. Loan Smart’s 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. Loan Smart 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.

Loan Smart 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, Loan Smart and its Lenders may obtain, verify and record information that identifies each person who opens an account with us and them. Loan Smart 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.

Loan Smart 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. Loan Smart 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 Loan Smart 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.).

Loan Smart 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 Loan Smart 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, Loan Smart 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 Loan Smart 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, Loan Smart 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 Loan Smart 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 Loan Smart, 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 Loan Smart, 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 Loan Smart 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 Loan Smart, 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 submitting your inquiry for a loan product, you are consenting to be contacted by one or more Lenders which may include any one of our Network Lenders, such as, Wells Fargo Bank N.A., or Wells Fargo Home Mortgage, who may either by telephone (on a recorded line), email or mail based on the information you have provided to us, even if your telephone number or e-mail is on a corporate, state, or the National Do Not Call Registry. In addition, you are consenting, acknowledging and agreeing to Loan Smart, LLC and the applicable Lenders Terms of Use and Privacy Policy.

By saving your information with Loan Smart or by completing a loan inquiry you give Loan Smart 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 Loan Smart Customer Service by emailing customercare@getloansmart.com.

When you “submit” information, create an account or otherwise register for services through Loan Smart and its Companies’ website or otherwise, you hereby understand and agree that you have established a business relationship between you and Loan Smart, LLC, which is the owner of this site. Accordingly, Loan Smart, 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 Loan Smart may contact you using information you provided with information and offers of services available through Loan Smart 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 Loan Smart, LLC or its Companies’ or its affiliates’ communications, you may modify your preferences. In addition, you agree to notify Loan Smart Customer Care by emailing customercare@getloansmart.com directly if you no longer want to receive other forms of communications from us.

Traditional (Long-Form) Inquiry Service (Loan Inquiries with Social Security Number Provided)

Loan Smart seeks to provide you multiple conditional loan offers through its network of nonaffiliated Lenders, Brokers and/Partners to enable you to comparison shop for mortgage loan products. By submitting the long-form inquiry form (which means you provided your Social Security Number), you authorize Loan Smart to provide information provided by you or third parties either to Lenders on the Loan Smart network, along with any additional lenders, Brokers, Partners or investors necessary to complete your loan inquiry or to provide you with additional services. You also authorize Loan Smart, its Lenders, along with any additional Lenders, Brokers, Partners or investors necessary to complete your loan transaction, to request from one or multiple soft inquiries to the necessary 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. Not all lenders will perform this soft inquiry, nor will all lenders be passed the Social Security Number you have submitted on the inquiry form.

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 Loan Smart only performs a “soft inquiry” and other 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 Loan Smart loan inquiry form, if that process results in you closing a loan you agree to provide information about that resulting loan to Loan Smart, including but not limited to a HUD-1 settlement statement, and you authorize Loan Smart Network Lender(s), to provide that information to Loan Smart on your behalf. Certain state regulations require that Loan Smart 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 Loan Smart 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.
Loan Smart Network of Lenders. Loan Smart 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 determine which Lenders may be matched with you, Lenders provide to Loan Smart 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 self-identified credit score band) in which the Lender is interested. Loan Smart will provide your information to up to six (6) 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.

You authorize Loan Smart to simultaneously submit a loan inquiry to its network (Lenders, Broker or Finance Companies that have chosen not to select consumers based on the consumer providing their Social Security Number) if Loan Smart cannot match you with six Lenders who make you conditional loan offers. Loan Smart will attempt to match you with Lenders that can make conditional loan offers using the process described in the section below entitled “‘Smart Match’ Services”.

‘Smart Match’ Loan Request Services (Loan Inquiries with no Social Security Number Provided)

By submitting the shorter Loan Smart ‘Smart Match’ loan inquiry form, you authorize Loan Smart to provide your information to up to six (6) Lenders. The Lenders in this program will be on Loan Smart’s ‘Smart Match’ or “Smart Lender” network (‘Smart Match’ and “Smart Lender” are services offered by Loan Smart).

In the ‘Smart Match’ or “Smart Lender” process, you may be given the option to provide your Social Security Number and have conditional offers posted back to your account. The Lenders you are matched with may later require a Social Security Number to proceed with your formal loan application. Not all lenders will perform a soft inquiry of credit without your Social Security Number, but Loan Smart and its Network of Lenders may perform a soft inquiry of your credit in relationship to your loan inquiry. Loan Smart does so to verify your identity and to adhere to the Anti-Money Laundering Requirements established by Federal regulations.

If you elect this option, you authorize Loan Smart to provide to Lenders information that you provided or that Loan Smart has (except Loan Smart will not transmit any soft inquiry credit information it obtained in either the long or short form inquiry and instead Loan Smart only transmits the self-identified information you enter into the inquiry form to the Lenders) or that Loan Smart may receive, to up to six (6) Lenders, along with any additional lenders, Brokers, Partners or investors necessary to complete your loan inquiry and to obtain Loan Smart online loan marketplace matching Services, on the Loan Smart ‘Smart Match’ or “Smart Lender” network. You also authorize ‘Smart Match’, “Smart Lender” and their Lenders, along with any additional lenders, Brokers, Partners or investors necessary to complete your loan inquiry, to request from one or multiple credit bureaus /reporting agencies via a soft inquiry, your credit bureau report including any ancillary credit scores or ratings and to verify that your request is true and accurate. Not all lenders participate in the soft inquiry of credit, nor will all lenders be passed the Social Security Number you have submitted on the inquiry form.
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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 Loan Smart only performs a “soft inquiry” and other 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

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 short form Loan Smart loan inquiry form, if that process results in you closing a loan you agree to provide information about that resulting loan to Loan Smart, including but not limited to a HUD-1 settlement statement, and you authorize Loan Smart Network Lender(s), to provide that information to Loan Smart on your behalf. Certain state regulations require that Loan Smart 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 Loan Smart 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.

D. Mobile Application Loan Request Service

Loan Smart seeks to provide you multiple conditional loan offers through its network of nonaffiliated lenders. The lenders in this program will be on Loan Smart’s mobile network and may not be shown on Loan Smart’s Lender Partner List but are clearly discernable in the Loan Smart Loan Explorer Rate Table Experience. Any inquiry form filled out on a mobile phone, mobile device, or on any Loan Smart mobile App are handled the same way as the Long and Short Form inquiries described above.

By submitting the mobile loan inquiry form you authorize Loan Smart 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 Loan Smart Loan Explorer Rate Table product you may ask a lender or lenders to contact you by clicking “Contact Me About This Loan”, Loan Smart 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, Loan Smart, 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.

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 Loan Smart loan inquiry form, if that process results in you closing a loan you agree to provide information about that resulting loan to Loan Smart, 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 Loan Smart Network Lender(s), to provide that information to Loan Smart on your behalf. Certain state regulations require that Loan Smart 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 Loan Smart 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.

NON-MORTGAGE LOAN REQUEST SERVICESLoan Smart offers non-mortgage (including automobile loan, boat, RV, watercraft, commercial loan, credit card, personal loans and student loan) loan request services, explained in more detail below. NOTE: Pursuant to the contracts between Loan Smart and the Lenders on its Network, Loan Smart may also receive information from your Lender regarding the status of your application including, but not limited to, the amount or disposition of your loan. Information specific to your Lender’s use of your information will be found in your Lender’s specific Privacy Policy. NOTE: You are providing express written consent for Loan Smart 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
Loan Smart is not a lender or a creditor. Loan Smart does not make loans or credit decisions in connection with loans. Loan Smart does not endorse or recommend the products of any particular Lender. Loan Smart is not an agent of either you or any Lender. Loan Smart’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 Loan Smart 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 Loan Smart 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 Loan Smart 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. Loan Smart 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 Loan Smart 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. Loan Smart 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, Loan Smart 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, Loan Smart 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.

Loan Smart is paid a marketing lead generation fee by Lenders for the goods, facilities and services provided. Your use of the Websites and/or Loan Smart’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). Loan Smart 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 Loan Smart 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 Loan Smart, 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. Loan Smart 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 Loan Smart 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 Loan Smart 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 Loan Smart and its participating Lenders to share such information as required.

NOTE: By completing a submission, you agree that Loan Smart 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 Loan Smart.

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 Loan Smart, 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 Loan Smart or by doing a submission, you give Loan Smart 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 Loan Smart Customer Service by emailing customercare@getloansmart.com

When you “submit” information, create an account or otherwise register for services through Loan Smart, LLC and its Companies’ website or otherwise, you understand and agree that you have established a business relationship between you and Loan Smart, LLC, which is the owner of this site. Accordingly, Loan Smart, LLC and/or its Companies may send your information to its affiliates as provided in the Privacy Policy . and you agree that Loan Smart and/or its Companies may contact you using information you provided with information and offers of services available through Loan Smart 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 Loan Smart, LLC or its Companies’ or its affiliates’ communications, you may modify your preferences by emailing donotcall@getloansmart.com.

B. Loan Smart and “Smart Lender” Non-Mortgage Loan Request Services

The Loan Smart and “Smart Lender” services provide for multiple loan conditional offers through their networks of nonaffiliated Lenders. By submitting the loan request form, you authorize Loan Smart to provide information provided by you or that Loan Smart including “Smart Lender” 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 Loan Smart including “Smart Lender” 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 “Smart Lender” 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. Loan Smart 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 “Smart Lender” program, you will not be eligible for any incentives related to filling out the long-form Loan Smart 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, Loan Smart 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 loans with which you could finance your automobile or motorcycle. As such, when you click on the “submit” button you are consenting, acknowledging and agreeing to a hard pull of credit by up to five lenders in relationship to your automobile loan inquiry, Please note, that you are providing Written Consent for such inquiry and that this may impact your credit score. FICO (Fair Isaac Corporation) recognizes that borrowers typically shop around and consumers are encouraged to find the best deal that works for them and their personal financial situation. That’s why inquiries from multiple auto loan applications generally will not hurt your score for 30 days. Once a month has passed, the FICO scoring model treats multiple inquiries for one of those loan types as a single inquiry, provided the applications all took place within a relatively short window of time such as 45 days. That consolidation of inquiries helps limit the FICO score damage that would otherwise be caused by multiple credit checks, each counted individually. You may contact FICO online at http://www.fico.com/en/Pages/Contact.aspx with questions.

Additional Terms Applicable to Credit Card, Personal Loan and Commercial Loan Request ServicesIf you request a credit card, personal loan or commercial loan, Loan Smart 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 Loan Smart 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 Loan Smart.

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)

Loan Smart 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. NOTE: You are providing express written consent for Loan Smart 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 Loan Smart’s Credit Score Services

By registering with Loan Smart, you understand and consent to Loan Smart receiving and accessing information about from third parties. Registering with Loan Smart will serve as written instructions under the federal Fair Credit Reporting Act. 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 Loan Smart.

B. Terms Applicable to All Requests for other Products and Services

Loan Smart is not a provider of products or services and does not make any decisions in connection with the products or services offered by Providers. Loan Smart does not endorse or recommend the products or services of any particular Provider on any of its Websites. Loan Smart is not an agent of either you or any Provider. Loan Smart’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 Loan Smart 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 Loan Smart 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. Loan Smart 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 Loan Smart is not, and is not treated as, an application for that product or service. Loan Smart 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, Loan Smart 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.

Loan Smart 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 Loan Smart provided. Your use of the Websites and/or Loan Smart’s services constitutes your agreement with this compensation arrangement. You will be responsible for paying for any cost associated with the product or service. Loan Smart 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 Loan Smart 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 Loan Smart, LLC its Network Lenders. In addition, if you proceed with a Loan Application with any Loan Smart Network Lenders, can provide you with the Disclosures and Communications in Electronic form. 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 Loan Smart, 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 Loan Smart or by doing a submission, you give Loan Smart 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 Loan Smart Customer Service by emailing customercare@getloansmart.com

By submitting the request form, you authorize Loan Smart to provide information that you provided or that Loan Smart 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 Loan Smart 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 Loan Smart 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 Loan Smart 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 Loan Smart 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 Loan Smart 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 Loan Smart, a licensed real estate broker.

COPYRIGHT, TRADEMARK AND SERVICE MARK NOTICESAll contents of the Websites are: Copyright © 2015 – 2017 Loan Smart, LLC and/or its suppliers, Lenders, Providers or real estate companies, 13326 Overview Dr, Suite 7073, Fishers, IN, U.S.A. All rights reserved. Loan Smart is a registered trademark of Loan Smart, 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 Loan Smart or the applicable Mark holder specific for each such use. The Marks may not be used to disparage Loan Smart, 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 Loan Smart 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. Loan Smart 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 Loan Smart 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

Loan Smart 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 Loan Smart 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”. LOAN SMART 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 LOAN SMART’S SERVICES IS AT YOUR OWN RISK. LOAN SMART 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 LOAN SMART’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 LOAN SMART 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 LOAN SMART 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

Loan Smart, Lenders, Providers and real estate companies may choose to electronically deliver all information related to its services and your requests. Loan Smart, 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 Loan Smart, 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 Loan Smart, Lenders, Providers and real estate companies. This means that Loan Smart, 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

10. PRIVACY POLICY

The Loan Smart 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 Loan Smart’s services, you agree to indemnify Loan Smart 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 Loan Smart 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. Loan Smart does not operate or control in any respect any information, software, products or services available on such websites. Loan Smart’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 Loan Smart 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

Loan Smart 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 Loan Smart, or to any acts or omissions for which you may contend Loan Smart 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 LOAN SMART 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 Loan Smart’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 Loan Smart, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Hamilton County, Indiana. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys’ fees.

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

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