Non-Prime Lenders Terms of Use

Updated January 24, 2020

Thank you for visiting Non-Prime Lenders. This Non-Prime Lenders Terms of Use (“Terms” or “Terms of Use”) applies to your access to and use of the Non-Prime Lenders website (https://www.nonprimelenders.com) (the “Website” or “Non-Prime Lenders Website”) and services (collectively, the “Services”) provided by Mortgage Search, LLC (“Mortgage Search, LLC,” “Non-Prime Lenders,” “we,” “us,” or “our”). 

By accessing or using our Services, including but not limited to submitting information through any form on our Website, or by otherwise using any services provided by Non-Prime Lenders, you agree to be bound by the following Terms of Use, as well as our Privacy Policy, which is referenced in this agreement. These Terms may be updated from time to time, and we encourage you to review this page periodically for updates.  

1. What We Do and Don’t Do. NON-PRIME LENDERS DOES NOT, AND THE SERVICES ARE NOT INTENDED TO, PROVIDE FINANCIAL OR REAL ESTATE ADVICE. NON-PRIME LENDERS IS NOT A LENDER OR REAL ESTATE BROKER REPRESENTING YOU OR ANOTHER USER. FOR ADDITIONAL INFORMATION, SEE SECTION 7. 

We assume no responsibility for any result or consequence related directly or indirectly to any action or inaction that you take based on the Services or any other information available through or in connection with the Services.

2. Mortgage Search, LLC’s Brands and Businesses. Mortgage Search, LLC may operate other websites and services, in addition to the Non-Prime Lenders Website, which will be listed here when they become available to the you. Any use of any of the Services provided by the listed brands is subject to these Terms of Use.

3. Referrals. While you are not responsible for making referral payments to Non-Prime Lenders, as part of the Services, Non-Prime Lenders may be paid valuable consideration in exchange for referring you to a mortgage lender (“Mortgage Referral”). You authorize Non-Prime Lenders to make such Mortgage Referral and acknowledge Non-Prime Lenders may be paid valuable consideration for facilitating such referral.

4. Eligibility. You must be at least 18 years of age to use the Services. By agreeing to these Terms of Use, you represent and warrant that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of the Services is in compliance with all applicable laws and regulations. Unless you have entered into a commercial or other agreement with Non-Prime Lenders permitting you to use the Services for transactions on behalf of another person, you may only use the Services for transactions on your own behalf, and not on behalf of any other person.

5. Use of the Services; Restrictions.

A. Use of the Services. As long as you comply with these Terms of Use, Non-Prime Lenders grants you a non-exclusive, limited, revocable, personal, non-transferable license to use the Services for your personal use. If you are a real estate or mortgage professional acting in your professional capacity, you may additionally use the Services to provide information, to the extent permitted by applicable law, to your clients and to take actions on behalf of your clients (“Professional Use”). If you use the Services for a Professional Use, you represent and warrant that you have obtained all required authorizations and consents from your client. Except as expressly stated herein, these Terms of Use do not provide you with a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party web sites or otherwise. 

B. Use of Content. Subject to the restrictions set forth in these Terms of Use, you may copy information from the Services only as necessary for your personal use or Professional Use to view, save, print, fax and/or e-mail such information. 

6. Prohibited Use. BY USING THE SERVICES, YOU AGREE NOT TO:

  • use information provided by Non-Prime Lenders through the Services in making any loan-related decisions;
  • reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Services, except as explicitly permitted under these Terms of Use;
  • remove or modify any copyright or other intellectual property notices that appear in the Services;
  • use the Services in any way that is unlawful, or harms Non-Prime Lenders, its service providers, suppliers, or any other user;
  • distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services;
  • impersonate another person or misrepresent your affiliation with another person or entity;
  • upload invalid data, viruses, worms, or other software agents to the Services;
  • interfere with, or compromise the system integrity or security of the Services, or otherwise bypass any measures Non-Prime Lenders may use to prevent or restrict access to the Services;
  • conduct automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions, and any other automated activity with the purpose of obtaining information from the Services) on the Services;
  • use any of Non-Prime Lenders’ trademarks without approval, including but not limited to using them as part of your business name, screen name or email address on the Services;
  • access or use any of the Services to develop competitive products or services; or
  • attempt to, or permit or encourage any third party to, do any of the above.

7. Third Party/Linked Services/Sent information.

A. Generally. The Services may include links to third-party products, services and Web sites, as well as materials provided by third parties, and may include functionality that allows for the distribution of your personal information (your “User Information”) to third parties not under Non-Prime Lenders’ control (each, a “Third-Party Provider”). Third-Party Providers are solely responsible for their services. You are responsible for your use and submission of User Information to any third-party, and your dealings or business conducted with any third party arising in connection with the Services are solely between you and such third party. Your use of third-party sites, services, or products may be subject to associated third-party terms of use and privacy policies or other agreements, which you are solely responsible for complying with. Non-Prime Lenders does not endorse and takes no responsibility for such products, services, Web sites, and materials, or a Third-Party Provider’s use of your User Information. By using a tool that allows for User Information to be transferred, and more specifically, by consenting to have the information you enter into a form on the Non-Prime Lenders Website shared with a third-party lender, you agree that Non-Prime Lenders may transfer the applicable User Information or other information to the applicable third-parties, which are not under the control of Non-Prime Lenders. If you submit a contact form or otherwise indicate your interest in contacting a Third-Party Provider, you may receive emails, texts, or telemarketing calls from the Third-Party Provider using the contact information you provided. Third-Party Providers may keep your contact information and any other information received by the Third-Party Provider in processing a contact or other request form. Non-Prime Lenders is not responsible for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.

B. Non-Affiliated Financial Products.

Non-Affiliated Financial Products. Non-Prime Lenders provides an administrative service to consumers and participating lenders; we do not offer, provide, or deliver financial products. If you choose to contact a non-affiliated bank, lender, financial institution, originator, loan broker, or other mortgage professional through the Services by filling out a contact, other request form or otherwise indicating your interest in contacting (or being contacted by) a Third-Party Provider (including submitting a request to get “matched” and be contacted by a mortgage lender) on the Services, you authorize Non-Prime Lenders to provide the information you submit to the Third-Party Provider. If you include your name, contact information and other information in a request, your identity will no longer be anonymous to the Third-Party Provider. Your submission of information is not an application for credit. The mortgage lenders, not us, decide whether to contact you.  These non-binding Mortgage Referral requests are not intended to be official Loan Estimates as defined in the Real Estate Settlement Procedures Act.  By using these features, the disclosures and consent required under certain state laws are deemed to be provided, received, and agreed to. Loan approval standards are established and maintained solely by individual lenders. Consumers should rely on their own judgment in deciding which available loan product, terms, and Third-Party Provider best suit their needs and financial means. Non-Prime Lenders: (a) is not a Lender, loan originator, loan processor or underwriter; (b) does not aid or assist borrowers in obtaining loans, solicit borrowers or lenders for loans, offer or negotiate terms of loans; (c) does not take mortgage applications, make loans or credit decisions or pre-approve borrowers for loans; (d) is not an agent of either any consumer or any lender; (e) does not endorse, refer or recommend any Third-Party Provider that pays Non-Prime Lenders or the products of any Third-Party Provider that pays Non-Prime Lenders; (f) is not responsible for any errors or delays caused by consumers or any Third-Party Provider in the loan process; and (g) does not guarantee offer of, or acceptance into, any particular loan program or specific loan terms, conditions, or rates with any Third-Party Provider, or that any rates or terms will be the best available.

9. Intellectual Property. The Services are owned and operated by Mortgage Search, LLC. The user interfaces, design, information, data, code, products, software, graphics, and all other elements of the Services (“Non-Prime Lenders Materials”) provided by Non-Prime Lenders are protected by intellectual property and other laws and are the property of Mortgage Search, LLC or Mortgage Search, LLC’s third-party licensors. Except as expressly allowed by these Terms of Use, you may not make use of the Non-Prime Lenders Materials, and Mortgage Search, LLC reserves all rights to the Non-Prime Lenders Materials and Services not granted expressly in these Terms of Use.

10. Feedback. If you choose to provide input and suggestions regarding the Services, including related to any Non-Prime Lenders Materials (“Feedback”), then you hereby grant Non-Prime Lenders an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including the improve the Services or create other products and services.

11. Updates; Suspension and Termination. If you violate any provision of these Terms of Use, your permission from Non-Prime Lenders to use the Services will terminate automatically. In addition, Non-Prime Lenders may in its sole discretion suspend or terminate your access to the Services at any time for any reason, with or without notice. Non-Prime Lenders may alter, suspend or discontinue the Services or any portion of the Services without notice. Non-Prime Lenders will not be liable whatsoever for any change to the Services or any suspension or termination of your access to or use of the Services. Non-Prime Lenders reserves the right to change these Terms of Use at any time in its sole discretion on a going-forward basis. We will make commercially reasonable efforts to notify you of any material changes to these Terms of Use. Your continued use of the Services after updates are effective will represent your agreement to the revised version of these Terms of Use. Your continued use of the Services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use.

12. Privacy Policy/Other Terms.

A. Privacy Policy. Non-Prime Lenders will collect, use, store, and disclose personal information in accordance with its Privacy Policy. Please consult the Privacy Policy for more information, which is incorporated into, and made a part of, these Terms of Use.

B. Other Terms. Your use of the Services is subject to all additional guidelines, rules, and agreements applicable to the Services or certain features of the Services that we may post on, or link to, from the Services. If you are a non-affiliated lender and participate in any Services offered by Non-Prime Lenders, you are also subject to all applicable terms and/or conditions stated in any contracts or agreements between you and Non-Prime Lenders. All such terms are incorporated into, and made a part of, these Terms of Use.

13. Indemnification. You agree to indemnify, defend, and hold harmless Non-Prime Lenders, its affiliates, and their respective directors, officers, employees, and agents from any and all claims and demands made by any third party due to or arising out of: (a) your access to or use of the Services; (b) your breach of these Terms of Use; (c) your violation of any law or the rights of a third party; (d) any dispute or issue between you and any third party; (e) any User Information you submit to, or otherwise make available through, the Services; and (f) your willful misconduct. Non-Prime Lenders reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with Non-Prime Lenders’ defense of that claim.

14. No Warranties. MORTGAGE SEARCH, LLC PROVIDES THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MORTGAGE SEARCH, LLC AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. MORTGAGE SEARCH, LLC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION: (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES OR ANY MATERIALS AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING MORTGAGE SEARCH, LLC OR THE SERVICES THAT IS NOT EXPRESSIVELY STATED IN THESE TERMS OF USE. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES AND ANY MATERIALS AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINMENT OF MATERIALS THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR SERVICES, ARE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE USE OF THOSE MATERIALS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OR WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

15. Limitation of Liability/Exclusive Remedy. IN NO EVENT WILL MORTGAGE SEARCH, LLC OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THE SERVICES OR ANY MATERIALS ON THE SERVICES, WHETHER BASED ON (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, EVEN IF MORTGAGE SEARCH, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MORTGAGE SEARCH, LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (E) ERRORS, MISTAKES, OR INACCURACIES OF MATERIALS; (F) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (G) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (H) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (I) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (J) ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (K) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THE AGGREGATE LIABILITY OF MORTGAGE SEARCH, LLC AND ANY OF ITS AFFILIATES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS OF USE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (L) THE AMOUNT YOU HAVE PAID TO MORTGAGE SEARCH, LLC FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENTS OR CIRCUMSTANCES GIVING RISE TO THE CLAIMS; AND (B) $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT OF THE PARTIES. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE.

16. Choice of Law; Disputes. These Terms of Use are governed by the laws of the State of Colorado, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction and venue in the state and federal courts sitting in Broomfield County, Colorado, for any and all disputes, claims and actions arising from or in connection with the Services and/or these Terms of Use. Non-Prime Lenders operates the Services from its offices in Colorado, and we make no representation that the Services are appropriate or available for use in other locations.

17. General. You agree not to export from anywhere any part of the Services provided to you, or any direct product thereof, except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. These Terms of Use may only be amended by a written agreement signed by authorized representatives of the parties to these Terms of Use. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. Mortgage Search, LLC may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Services. Mortgage Search, LLC’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use, and all expressly incorporated terms and agreements, constitute the entire agreement between you and Mortgage Search, LLC with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and Mortgage Search, LLC with respect to the Services. The following sections of these Terms of Use shall survive any termination of these Terms of Use: 4, 6-7, 9-11, and 13-19.

18. Consent to Communications. By using the Services, you consent to receiving certain electronic communications from Non-Prime Lenders and its third-party partner lenders as further described in the Privacy Policy. Please read the Privacy Policy to learn more. You agree that any notices, agreements, disclosures, or other communications that Non-Prime Lenders sends to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

19. Contact Information. The Services are offered by MORTGAGE SEARCH, LLC and its affiliates, located at 390 Interlocken Crescent, Suite 350, Broomfield, CO 80021. You may contact Mortgage Search, LLC by sending correspondence to that address or by emailing info@nonprimelenders.com.