Terms of Use

Last updated: August 25, 2013

Welcome to TrueFi.com. TrueFi.com is owned and operated by TrueFi, LLC (“TrueFi,” referred to "we," "us," or "our"). Before you begin to use the TrueFi.com website ("TrueFi Website"), please take a moment to review this Terms of Use Agreement ("Agreement"). The Agreement describes the terms and conditions applicable to your use of the TrueFi Website and the products and services provided through or in connection with the TrueFi Website (collectively, "Service"), which may be updated from time to time without notice to you. You must read and agree with all of the terms and conditions contained in this Agreement and the TrueFi Website privacy policy then in effect ("Privacy Policy"), which is incorporated by reference, before you use the Service. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access the Service.

1. Mortgage Loan Services. TrueFi offers loan origination services to borrowers and is generally compensated for such services by the borrower. You should rely on your own judgment in deciding which available loan product and terms best suits your needs and financial means. You understand that TrueFi may keep your loan request information and any other information provided by you in the processing of your loan request, whether or not you are qualified for a loan or if you make a loan with TrueFi. You agree to notify TrueFi directly if you no longer want to receive communications.

The Websites and the services provided by TrueFi are available in connection with mortgage loans made on real property located in the United States of America. Loans may only be made to residents of, or secured by real property located in, states where TrueFi is licensed or authorized to make such loans. TrueFi expressly reserves 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.

TrueFi does not guarantee acceptance into any particular loan program or specific loan terms or conditions; loan approval standards are established and maintained solely by the secondary market investors to whom TrueFi transfers its loans. Likewise, but subject to any promotional low price guarantee that may be offered by TrueFi from time to time, TrueFi does not guarantee that the loan terms or rates offered are the best terms or lowest rates available in the market. A loan offer may be subject to market conditions, approval and qualification. The rates and fees actually provided 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 offer, loan commitment or interest rate lock-in agreement. TrueFi may not offer all products and may not offer products in all states. To help the government fight identity theft, the funding of terrorism and money laundering activities, TrueFi will obtain, verify and record information that identifies each person and TrueFi may ask for your name, Social Security Number, address, date of birth and other important information that will allow us to properly identify you. During the application process, TrueFi may also ask to see your driver’s license or other identifying documentation.

By clicking on any button indicating an acceptance or agreement to terms, a continuance of processing or submission (“submission”) you understand that you are agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry for a loan product through TrueFi. By this submission, you are extending an express invitation to TrueFi to contact you by telephone at the number(s) you have provided so we 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 (or similar) list, or by email at the email address you provided or at another address that may be associated with you 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. By saving your information with TrueFi or by completing a submission, you give TrueFi 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 applications, deadlines, quality of services or other matters in connection with your submission. For any service, you represent that all of the information you have provided in your submission and application is true and complete. You also authorize TrueFi, along with any additional secondary market 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 check your credit and employment history.

2. Authorization to Obtain Your Credit Report, Credit Score and Property Value. You understand that by submitting your authorization you are providing "written instructions" in accordance with the Fair Credit Reporting Act, as amended ("FCRA"), for TRUEFI to use your credit debt and credit score for the sole purpose of assisting you in completing your loan request and matching you with lender conditional loan offers. In addition, you understand that this information along with information provided by you or third parties will only be shared with the Lender you have chosen necessary to complete your loan transaction. If not submitted to a lender, the loan request will expire 30 days from the date your credit was ordered. By submitting the loan request to your chosen lender, you are giving the Lender authorization to request your credit report to check your credit history, employment history, and other functions necessary to complete your loan transaction. Fair Isaac Corporation (the company that provides "FICO" credit scores) reports that, for mortgage 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.

For the purposes of assisting you with your loan request and matching you with lender conditional loan offers, TrueFi will use an online predictive technology called Automated Valuation Model (AVM) report which instantly obtains an estimated market value of the subject property and other associated collateral assessment analytics for your property that is the product of automated valuation technology, public record, economic and other data, and predictive technologies combined to provide an estimate of the most probable selling price of your property, forecast analysis, transfer activity involving the subject property or its immediate market area, and related collateral analysis. You understand that this valuation report does not constitute an appraisal. No physical or other inspection of the property was completed as part of this valuation report. This valuation contains no representations or warranties of any kind including but not limited to warranties regarding marketability, functional or economical obsolescence, environmental contamination or flood insurance determination. This valuation does not warrant the accuracy or completeness of any public record information or data sources used to prepare this valuation report. You understand that the Lender may require a full appraisal inspection be performed on your subject property.

3. Use of the TrueFi Website and Service. You certify to TRUEFI that: (i) you are at least eighteen (18) years of age; (ii) you assume full responsibility for the use of the Service by any minors; (iii) you agree that all information you have submitted to TrueFi, online or otherwise, is accurate and complete, and that you have not knowingly submitted false information on or through the TrueFi Website or Service; and, (iv) your use of the Service is subject to all applicable federal, state, and local laws and regulations.

4. Prohibited conduct. You must not (i) submit, transmit, or distribute information or content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable; (ii) submit, transmit, promote or distribute information or content that is illegal; (iii) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (iv) take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) upload invalid data, viruses, worms, or other software agents through the Service; (vi) use any robot, spider, scraper or other system to access the Service for any purpose without our express written permission; (vii) impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity; (viii) submit, upload, post, email, transmit or otherwise make available any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (ix) interfere with the proper working of the Service; or, (x) bypass the measures we may use to prevent or restrict access to the Service.

5. Privacy Policy. Personal information submitted in connection with the Service is subject to our Privacy Policy. For more information, click Privacy Policy.

6. Copyright and Trademark Notice Information. All content of the TrueFi Website is protected under copyright: Copyright © 2011 service and TrueFi logos and product service names are trademarks of TrueFi ("TrueFi Marks"). Without TrueFi’s prior permission, you agree not to display or use in any manner, the TrueFi Marks. All other logos or brand names shown on the Service are trademarks of their respective owners and/or licensors.

7. Proprietary Rights. You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further agree that all materials and/or content, including, but not limited to, articles, artwork, screen shots, graphics, logos, text, drawings and other files on the TrueFi Website or as part of the Service are copyrights, trademarks, service marks, patents or other proprietary rights of TrueFi or their respective intellectual property owners. Except as expressly authorized by TrueFi, you agree not to modify, copy, reproduce, sell, distribute or create derivative works based on or contained within the TrueFi Website, the Service or the Software, in whole or in part.

TrueFi grants you a personal, non-transferable and non-exclusive right and license to use the code of its Software on a single computer; provided that you do not copy, modify, create a derivative work of, reverse engineer, decompile, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the Service by any means other than through the interface that is provided by TrueFi for use in accessing the Service.

8. Links. TrueFi provides links to websites on the Internet that are owned and operated by third parties, including participating Lenders. These links are provided for your convenience and reference only and do not imply any endorsement, sponsorship, or affiliation with any third parties or participating Lenders. You acknowledge and agree that TrueFi is not responsible for the availability of such external websites, and does not endorse and is not responsible or liable for any content, advertising, products, whether loan or finance related, or telecommunications, or other materials on or available from such websites. You further acknowledge and agree that TrueFi shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, goods or services available on or through any such website.

9. Indemnification. You agree to indemnify and hold TrueFi, its subsidiaries, affiliates, agents, shareholders, officers, contractors, vendors and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the TrueFi Website or Service, the violation of the Agreement by you, or the infringement by you, or any other user of the TrueFi Website or Service using your computer, of any intellectual property or other right of any person or entity. TrueFi reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

10. No Warranty. TRUEFI PROVIDES THE TRUEFI WEBSITE AND THE SERVICE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURANCY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRUEFI MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. TRUEFI DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION: (i) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (ii) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND, (iii) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.

11. Limitation of Liability. IN NO EVENT WILL TRUEFI BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE TRUEFI WEBSITE OR SERVICE, EVEN IF TRUEFI HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST TRUEFI WITH RESPECT THIS AGREEMENT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

12. Release. YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE TRUEFI AND ITS AFFILLIATES, PARTNERS, SERVICE PROVIDERS, VENDORS, AND CONTRCTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.

13. ELECTRONIC COMMUNICATIONS/NOTICES AND INFORMATION DELIVERED ELECTRONICALLY

By you using TrueFi services, you agree to receive all current and future notices, disclosures, communications and information, and to do business electronically with TrueFi, Lenders, and Real Estate professionals. This means that TrueFi, Lenders, and Real Estate professionals may communicate with you by sending a message to the email address you provided. You further 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)
  • Firefox version 1.5
  • Email Access

14. Termination. You agree that TrueFi may, under certain circumstances and without prior notice, immediately terminate your access to the TrueFi Website or Service. Cause for such termination shall include, but not be limited to: (i) breaches or violations of the Agreement or other incorporated agreements or the Privacy Policy; (ii) requests by law enforcement or other government agencies; (iii) discontinuance or material modification to the Service (or any part thereof); and (iv) unexpected technical or security issues or problems. You agree that all terminations for cause shall be made in TrueFi’s sole discretion and that TrueFi shall not be liable to you or any third party for any termination or access to the TrueFi Website or Service.

15. Dealings with Third Parties. Your correspondence or business dealings with any third parties as a result of your visit and participation in the Service , including, but not limited to, business dealings with lenders or financial institutions, or any other terms, conditions, warranties, representations associated with such dealings, are solely between you and such third party. You agree that TrueFi shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party on the Service.

16. Disputes. Agreement and all matters arising from or relating to the use of TrueFi will be interpreted in accordance with the laws of the State of Illinois, without regard to the conflicts of laws and principles thereof. You and TrueFi also agree and hereby submit to the personal jurisdiction and venue of the federal districts and state courts of Illinois with respect to such matters.

17. Modification to Service. TrueFi reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that TrueFi shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

18. Waiver and Severability of Terms. The failure of TrueFi to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

19. Disclosure of Your Information. You acknowledge, consent and agree that TrueFi may access, preserve, and disclose the information we collect about you if required to do so by law or in good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any information or content violated the rights of the third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of TrueFi, its users and the public.

20. Entire Agreement. The Agreement constitutes the entire agreement between you and TrueFi and governs your use of the TrueFi Website, superseding any prior agreements between you and TrueFi. You also may be subject to additional terms and conditions that may apply when you use or purchase certain when you use certain other TrueFi services, affiliate services, third party content or third party software.

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