LendingTree Terms of Use

TERMS OF USE AGREEMENT

Please read this Terms of Use Agreement ("Agreement") carefully. By accessing this Web site and any pages hereof, you agree to be bound by the terms and conditions below. This Agreement contains an agreement to arbitrate all Claims and disclaimers of warranties and liability. These provisions form an essential basis of our bargain. If you do not agree to these terms and conditions, do not access this Web site.

LendingTree, LLC (formerly known as LendingTree, Inc.) operates this Web site. For purposes of this Agreement, "LendingTree" means LendingTree, LLC. In Rhode Island, the loan services made available on this site are provided by Home Loan Center, Inc., and all references on this site to LendingTree shall include Home Loan Center, Inc. for Rhode Island customers. However, LendingTree, LLC will still collect your loan request and provide technical services for Home Loan Center, Inc.

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.

LOAN ORIGINATION SERVICES

LendingTree offers three services, each of which is explained in more detail below.

1. The first is the traditional LendingTree process that occurs when you complete a full LendingTree loan request and get matched with Lender(s) who will respond with loan offers.



2. The second option is LendingTree’s QuickMatch service which you may select prior to completing the full loan request. If you select the QuickMatch service, we will match you with Lenders on LendingTree’s GetSmart network (GetSmart is an internal division of LendingTree) using a subset of the information on the full LendingTree request. Because these matches are generated from a subset of information from the full 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.



3. The third option is to complete the full loan request and ask (either before or after you have submitted the full request) that LendingTree supplement your loan offers with additional Lender matches from LendingTree’s GetSmart network. LendingTree will only use its GetSmart service supplement your offers with additional Lender matches if we are not able to match you with five Lenders who are able to return offers based on your initial request. If you elect to have GetSmart supplement your LendingTree loan request, if LendingTree cannot match you with 5 Lenders, we will also submit a loan request to our GetSmart network. You may receive up to 5 Lender matches from GetSmart in addition to any LendingTree Lenders who make you offers. Because these matches are generated from a subset of information from the full 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. LendingTree will always attempt to fulfill your request with Lenders who can respond with offers before supplementing your request with Lender matches from the GetSmart Network.

In either case, you represent that all of the information you have provided in your loan request is true and complete. By choosing an option and submitting your loan request form, you also agree to and accept this Agreement in its entirety.

Traditional (Full-Form) LendingTree Experience

LendingTree, LLC arranges for multiple loan offers either through its network of nonaffiliated Lenders or though its affiliate, Home Loan Center (doing business as “LendingTree Loans”). By submitting the full LendingTree loan request form, you authorize LendingTree, LLC to provide your information either to Lenders on the LendingTree network or to Home Loan Center / LendingTree Loans. You also authorize LendingTree, LLC, its Lenders, and Home Loan Center / LendingTree Loans to check your credit history.

LendingTree Network of Lenders. LendingTree, LLC may arrange for multiple offers through its network of nonaffiliated Lenders (U.S. based banks, thrifts, 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, LLC 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 offers from fewer than five Lenders. If more than five Lenders match your profile, LendingTree, LLC will match you with five Lenders with a preference for those Lenders that have the highest customer satisfaction scores and the best record of making loans to previous LendingTree customers. (If you are requesting a home equity loan or home equity line of credit, we may match you with up to four Lenders based on the above criteria as well as Home Loan Center / LendingTree Loans).

If you request an auto loan and qualify for the CarLoan.com, Car.com or Auto Second Chance Program, LendingTree will share your information with one of the partners in that program. These partners should also be considered Lenders. In addition, you may be matched with one or more lenders offering unsecured loans with which you could finance your auto.

LendingTree Loans. LendingTree, LLC has an affiliate, Home Loan Center, which does business as “LendingTree Loans.” Depending on your credit history and the type of loan you request, you may be matched solely with Home Loan Center / LendingTree Loans instead of with the LendingTree network of Lenders. If matched with Home Loan Center / LendingTree Loans, you will speak with a single loan officer and will be provided with up to four offers based on the rates and terms provided to Home Loan Center / LendingTree Loans by its wholesale mortgage banks and investors. These wholesale mortgage banks and investors update their pricing with us from time-to-time (often daily) and compete for LendingTree’s customer business by changing their rates periodically.

The offers you initially receive typically will be the lowest offers based on the interest rates set by the wholesale mortgage lenders or investors willing to acquire all of the types of loan that you requested. On occasion, Home Loan Center / LendingTree Loans may not be allowed to provide the name of the wholesale mortgage bank or investor, in which case, the offer may be simply listed under the name “Home Loan Center.” All loans are originated and closed by Home Loan Center / LendingTree Loans and then sold to the wholesale mortgage bank or investor named in the offer you select.

As always with LendingTree, you may review the loan offers and talk to a Home Loan Center / LendingTree Loans loan officer at no cost. As in the case of most lenders, once you select an offer, Home Loan Center / LendingTree Loans may require a fee to lock-in your rate and to complete the processing and underwriting of your loan application.

If you are matched with Home Loan Center / LendingTree Loans, you are not required to use it. If you would prefer to receive offers from multiple lenders and speak with multiple loan officers, please contact LendingTree Customer Care at 1-888-272-1355, and your loan request will be re-routed to the LendingTree network of Lenders.

Affiliated Business Arrangement Disclosure. By law, we are required to disclose that Home Loan Center / LendingTree Loans is an affiliate of LendingTree, LLC, and we are required to provide you an official Affiliated Business Arrangement Disclosure (click here for the official disclosure form).

Responsibility for Settlement and Closing Costs. Regardless whether you obtain a loan from LendingTree’s network of Lenders or through Home Loan Center / LendingTree Loans, at closing you will be responsible for paying for any settlement or closing costs associated with your loan (such as loan processing, underwriting, or funding fees, title insurance premiums, notary fees, etc.). LendingTree, LLC does not charge you a fee for its service in matching you with Lenders or with Home Loan Center / LendingTree Loans.

QuickMatch Program

By submitting the shorter LendingTree QuickMatch loan request form, you authorize LendingTree to provide your information to up to five Lenders. The Lenders in this program will be on LendingTree’s GetSmart network (GetSmart is an internal division of LendingTree). These lenders may not be shown on LendingTree’s Lender Scorecard, but are certified by LendingTree. NOTE – If you use the QuickMatch program you will not be eligible for any incentives related to filling out the full LendingTree loan request or closing your loan. You are only eligible for such incentives by going through an affinity partner, filling out the full loan request and meeting all other requirements for the incentive.

In the QuickMatch 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. If you elect this option, you authorize LendingTree to check your credit history, and to provide your information, including your credit history, to up to five Lenders. You further authorize the Lenders, along with any additional Lenders or investors necessary to complete your loan transaction and to check your credit history. You further authorize the Lenders along with any additional Lenders or investors necessary to complete your loan transaction, to check your credit history and to return their decision to you via the LendingTree system. At the present time, Fair Isaac Corporation (the company that provides "FICO" credit scores) reports that, for mortgage, home equity or auto loans, it consolidates all credit inquiries that occur within a 14-day period into one inquiry for scoring purposes.

Your QuickMatch loan request may be matched with Home Loan Center, Inc., which also does business as LendingTree Loans. Home Loan Center/LendingTree Loans is a wholly-owned subsidiary of LendingTree, LLC and is licensed as a mortgage broker/lender authorized to do business in all fifty states. By law, we are required to disclose that Home Loan Center/LendingTree Loans is an affiliate of LendingTree, LLC and we are required to provide you with this Affiliated Business Disclosure. By submitting your QuickMatch loan request, you acknowledge receipt of the Affiliated Business Disclosure. In the QuickMatch program, you may be matched with other lenders and you are not required to use Home Loan Center/LendingTree Loans.

Simultaneous GetSmart Program

When you fill out LendingTree’s long form, you can authorize LendingTree to simultaneously submit a loan request to its GetSmart network if LendingTree cannot match you with 5 lenders who make you loan offers. LendingTree will attempt to match you with Lenders that can make offers first, using the process set forth in the section above entitled “Traditional (Full-Form) LendingTree Experience”. If LendingTree is not able to match you with five lenders through the traditional LendingTree network, LendingTree will use its GetSmart network using the process described in the section above entitled “QuickMatch” program. You authorize LendingTree to do all of this. NOTE – If you close a loan with a Lender that does not provide an initial loan offer (that is, from the QuickMatch or GetSmart programs), you will not be eligible for any incentives related to closing your loan. You are only eligible for such incentives by going through an affinity partner, filling out the full loan request, closing with a lender from the traditional LendingTree program, and meeting all other requirements for the incentive.

Your GetSmart loan request may be matched with Home Loan Center, Inc., which also does business as LendingTree Loans. Home Loan Center/LendingTree Loans is a wholly-owned subsidiary of LendingTree, LLC and is licensed as a mortgage broker/lender authorized to do business in all fifty states. By law, we are required to disclose that Home Loan Center/LendingTree Loans is an affiliate of LendingTree, LLC and we are required to provide you with this Affiliated Business Disclosure. By submitting your GetSmart loan request, you acknowledge receipt of the Affiliated Business Disclosure. In the GetSmart program, you may be matched with other lenders and you are not required to use Home Loan Center/LendingTree Loans.

Terms Applicable to All Loan 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 on any of its websites. LendingTree is not an agent of either you, the User, or any participating Lender. LendingTree's services are administrative and consultative only. You should rely on your own judgment in deciding which available loan product 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 form, whether or not you are qualified for a loan with them.

This Web site and the services provided by LendingTree are available only in connection with (a) mortgage loans made on real property located in the fifty states and the District of Columbia unless otherwise specified, and (b) non-mortgage loans made to citizens and residents of the United States. Loans may only be made to residents of, or secured by real property located in, states where participating Lenders are licensed or authorized to make such loans, as indicated herein under the section titled "Lenders." Lenders are not attempting to make loans outside of their authorized states or country by participating in and offering their products on this Web site. LendingTree and/or participating Lenders expressly reserve the right to discontinue, suspend or terminate the offering of any loan product in any specific state through this Web site.

LendingTree does not guarantee acceptance into any particular loan program or specific loan terms or conditions with any participating 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 participating Lenders through this Web site are the best terms or lowest rates available in the market. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for a loan commitment or interest rate lock-in agreement.

LendingTree does not charge you, the User, a fee to use our service. LendingTree is paid a fee by participating Lenders for the goods, facilities and services provided. Your use of this Web site and/or LendingTree's services constitutes your agreement with this compensation arrangement.

By hitting submit or requesting to be matched with Lenders under either of the programs, you understand and agree that you are submitting an inquiry as to a lending product with LendingTree and each of the Lenders to whom your loan request is transmitted. By submitting the loan request containing your electronic signature, you are extending an express invitation to each of the Lenders making you loan offers 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. By saving your information with LendingTree and/or submitting a loan request, you give LendingTree permission to make recorded calls to remind you of any deadlines or issues in connection with your loan request.

REAL ESTATE SERVICES
All of the information you have provided in this referral form is true and complete. You authorize LendingTree to forward your information to its network of real estate professionals. You further understand and agree that by selecting a real estate company or professional, you are extending an express invitation for them to contact you by telephone at the numbers you have provided, and you hereby consent to any such calls even if your phone number is on the Do Not Call list. In addition, by completing and submitting a request for more information regarding a real estate listing or requesting contact with a real estate professional, you understand and agree that you are extending an express invitation to real estate professionals to call you by telephone at the numbers you have provided, and you hereby consent to any such calls even if your phone number is on the Do Not Call list. You understand that these real estate professionals may keep the information you submit whether or not you communicate with them regarding a real estate listing and whether or not you complete a real estate transaction with them. Real estate programs are administered by LendingTree, a licensed real estate broker. In certain geographic areas, LendingTree lists and sells homes. However, in connection with its Find a REALTOR® program, LendingTree does not list or sell homes. Instead, real estate brokerage activities are performed by local licensed real estate brokers. In connection with its Find a REALTOR® program LendingTree acts as a referring broker by referring you to a local real estate broker, and for its services, LendingTree receives a real estate brokerage referral fee of up to 35% of the local broker's commission. Your use of this Web site and/or LendingTree's services constitutes your agreement with this compensation arrangement. Cash, gift certificates, points or mileage incentives are only available to customers who use a LendingTree Network real estate professional to buy or sell their home. Customers must have been connected with the real estate professional through LendingTree's Find a REALTOR® program to be eligible for incentives. Certain states require that incentives be given as either a credit at closing or as a reduction of your real estate commission. The programs may be available on modified terms, or may be prohibited, in certain jurisdictions. Other restrictions may apply.

Real Estate Create an Account/Registration
By creating an account or otherwise registering with this site, you hereby understand and agree that you have established a business relationship between you and LendingTree, LLC, which is the owner of this site. As such, you agree that LendingTree may contact you using information you provided with information and offers of services available through LendingTree and any of its websites. You hereby consent to any such communication or phone calls even if your phone number is on any Do Not Call list.

COPYRIGHT AND TRADEMARK NOTICES
All contents of this Web site are: Copyright © 1998 - LendingTree, LLC and/or its suppliers, participating Lenders, or real estate professionals, 11115 Rushmore Dr., Charlotte, NC 28277, U.S.A. All rights reserved. LendingTree is a service mark of LendingTree, LLC. Other product and company names mentioned herein, including the names of participating Lenders, may be the trademarks of their respective owners.

DISCLAIMERS AND LIMITATIONS
LendingTree intends that the information contained in its Web site be accurate and reliable; however, errors sometimes occurs. In addition, changes and improvements to the information provided herein may be made by LendingTree at any time. THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." LENDINGTREE AND/OR ITS SUPPLIERS, PARTICIPATING LENDERS, OR REAL ESTATE PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE 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 THIS WEB SITE AND/OR LENDINGTREE'S SERVICES IS AT YOUR OWN RISK. LENDINGTREE AND/OR ITS SUPPLIERS, PARTICIPATING LENDERS, OR REAL ESTATE PROFESSIONALS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE AND/OR LENDINGTREE'S SERVICES OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, 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 HAD 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.

INDEMNITY
As a condition of use of this Web site and/or LendingTree's services, you agree to indemnify LendingTree and its suppliers, participating Lenders, or real estate professionals from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of this Web site, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.

LINKS TO THIRD PARTIES
This Web site may contain links to Web sites 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 Web sites. LendingTree's inclusion of a link to a Web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

ERRORS AND DELAYS
LendingTree is not responsible for any errors or delays in responding to a qualification form or referral form caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control.

DISPUTE RESOLUTION
Any claim or controversy arising out of or relating to the use of this Web site, to the goods or services provided by LendingTree, or to any acts or omissions for which you may contend LendingTree is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitration shall be venued in Mecklenburg County, North Carolina except for Maine consumers for whom the location shall be a place reasonably convenient to the consumer. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to LendingTree. In any arbitration, LendingTree will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party, provided, however, that in Maine any cost to the consumer shall be limited to the cost of filing a court case. To begin the arbitration process, a party must make a written demand therefor.

Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Mecklenburg County, North Carolina. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto, except in Maine where state law will control all rights and remedies in the arbitration. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

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, but 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 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.

OTHER TERMS
This Agreement 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 this Web site 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.