Terms of Use
Last Updated: [DATE]
For questions regarding these Terms of Use, please contact us at: support@trusthomeloan.com
Agreement
*Prior to accessing this website and its services, THL Holdings LLC and its affiliates (collectively "we," "us," "our," or "the Company") require you to review this Terms of Use Agreement ("Agreement"). This Agreement outlines the terms of use relevant to this website, its services, and the products and services provided through this website. Please note that you must be 18 years of age to use our services. These services are intended for United States residents only.***
**THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION, WAIVER OF JURY TRIAL AND CLASS ACTION. PLEASE REVIEW THESE PROVISIONS CAREFULLY. By accessing, browsing, or using this website and its services — whether through direct or indirect means, or through any alternative method (including telephone, mail, text, email, or facsimile) — you accept and agree to be bound by these Terms of Use. If you do not agree with these provisions, please do not use this website or its services.**
THIS AGREEMENT CONTAINS OUR ESIGN DISCLOSURE AND CONSENT AGREEMENT.
1. Website and Services
This website provides mortgage matchmaking services that connect homebuyers with licensed Mortgage Loan Originators. Trust Home Loan is a Mortgage Matchmaker — we make introductions, not sales. Each introduction connects one homebuyer with one licensed Mortgage Loan Originator through a verified, one-to-one matching process.
Personal information submitted through this website or service is subject to our Privacy Statement.
2. Prohibited Use
You shall not use this website or its services for any illegal purpose or for the transmission of any material that is unlawful, harmful, harassing, abusive, libelous, racially or ethnically offensive, invasive of another's privacy, vulgar, threatening, obscene, sexually explicit, tortious, defamatory, or that infringes on the intellectual property or rights of another; directly or indirectly interfere with or attempt to interfere with the proper working of this website, its service, or system security; use any robot, spider, automated device, or manual process to monitor, access, or copy our web pages or content without prior written permission; post, upload, or transmit any content protected under law that you do not have the right to distribute; conduct fraud, represent yourself as someone else, or attempt to hide your identity.
3. Electronic Communications
When you visit or use this website or send an email to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by regular mail, email, or by posting notices on our services. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
4. Copyright and Trademark
5. NO WARRANTY
THE CONTENT AND ALL SERVICES ASSOCIATED WITH THIS WEBSITE ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON OR ASSOCIATED WITH THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT A LENDER, BROKER, INVESTOR, FINANCIAL INSTITUTION, OR OTHER FINANCIAL SERVICE PROVIDER.
YOU ACKNOWLEDGE AND AGREE THAT WE ARE SOLELY AN INTERMEDIARY BETWEEN YOU AND LICENSED MORTGAGE LOAN ORIGINATORS AND, THEREFORE, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR ANY CONTENT, SERVICES, OR LOAN PRODUCTS PROVIDED BY SUCH PROFESSIONALS.
Except as expressly set forth herein, we are not responsible for any inaccurate or incorrect information, whether caused by a user of our website or by any technical or human error in the processing of information received by us. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, or unauthorized access to information submitted in connection with this website.
WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE CORRECTNESS, ACCURACY, COMPLETENESS, OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT, SERVICES, OR PRODUCTS ASSOCIATED WITH THIS WEBSITE. IT IS SOLELY YOUR RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY OF ANY CONTENT AND ANY FINANCIAL PRODUCT OR SERVICE YOU CHOOSE TO PURSUE.
6. LIMITATION OF LIABILITY
IN NO EVENT WILL WE, OUR PARENTS, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, SUCCESSORS, AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND SHAREHOLDERS BE LIABLE TO ANY PARTY FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THIS WEBSITE OR ITS CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
7. RELEASE
YOU HEREBY AGREE TO RELEASE, REMISE, AND FOREVER DISCHARGE THE COMPANY AND ITS SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THIS SERVICE.
8. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, affiliates, partners, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of this website or your violation of this Agreement.
9. Dispute Resolution and Arbitration
You and we each agree that any and all disputes or claims that have arisen or may arise between us relating to or arising out of this Agreement, your use of or access to this website, or any service provided through this website shall be resolved exclusively through final and binding arbitration, rather than in court, except that claims under $1,000.00 may be asserted in small claims court if they qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
Arbitration Procedures
Arbitration is more informal than a lawsuit in court. There is no judge or jury, and court review of an arbitration award is limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. The arbitration will be conducted by JAMS under its rules and procedures pertaining to Consumer-Related Disputes, as modified by this Agreement. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court having jurisdiction thereof.
PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS
YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.
Severability
If an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the remaining parts shall still apply, except that if the class action waiver above is found unenforceable, the entirety of this Agreement to Arbitrate shall be null and void.
10. Termination
11. Changes to Terms, Policies, or Website
12. ESIGN Disclosure and Consent Agreement
In order to provide you with our services, we may need to communicate with you electronically. By using our services, you agree to: (1) electronically receive communications from us, including disclosures, notices, and documents; and (2) electronically sign agreements as necessary.
Acknowledgment and Acceptance. By using our services, you acknowledge that you have read, understood, and agreed to this ESIGN Disclosure and Consent Agreement.
Scope of Consent. Your consent to receive communications electronically applies to all services, interactions, and transactions we make available through this website, email, messaging service, or otherwise, including your request to be contacted by your matched Mortgage Loan Originator.
Right to Paper Copies. You are not required to provide E-SIGN Consent; however, failure to do so means you cannot complete transactions online. If you would also like a paper copy of any communication, please contact us at support@trusthomeloan.com.
Signature. Your use of a keyboard, mouse, or other device to select an item, button, icon, or similar action, or to provide your assent during a transaction, constitutes your signature and is the legal equivalent of a physical signature.
Hardware and Software Requirements. To access and retain communications electronically, you will need: a device with internet access, a compatible web browser, an email account, software capable of viewing PDF files, and the ability to print or store documents.
Withdrawing Consent. You may withdraw your consent at any time by contacting us at support@trusthomeloan.com. Withdrawal of consent will become effective after we have had a reasonable opportunity to act upon it.
13. Entire Agreement
This Agreement constitutes the entire terms of use agreement between you and the Company and governs your use of this website, superseding any prior agreements. You may also be subject to additional terms that apply when you use third-party services or content.
14. Anti-Spam Policy
We take all commercially reasonable efforts to avoid spam. If you have received any unwanted communications from us, please contact us at support@trusthomeloan.com and we will immediately remove you from our marketing efforts.