Last updated: July 13th, 2020
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, consumers, customers, Users, mortgage brokers, lenders, and others who wish to access or use the Service (“you” or “your”). The term “affiliates” refers to companies that partner with ARIVE to offer the Platform to you.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of these Terms then you do not have permission to access the Service.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. To create an account, you will be asked to include information specific to the Services you are requesting, such as your business name, description of services, qualifications, and credentials. If you choose not to provide the requested information, certain features of the Service may not be accessible or available to you.
You are responsible for maintaining the confidentiality of your account and password, including restricting access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or a username that is not lawfully available for use, or a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
ACCESS TO THE SERVICE
We reserve the right at all times, in our sole discretion and without notice to you, to deny your access to and use of the Service.
USE OF THE SERVICE
You agree and acknowledge that you have the sole responsibility and liability for your use of the Service and for providing or obtaining, and for maintaining, all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary or desirable for you to access and use the Service.
When using the Service, you may be asked to provide certain personal information. You can decline. If you choose not to provide the requested information, we may not be able to process your mortgage application and certain features of the Service may not be accessible or available to you.
CREDIT HISTORY AND PRESCREENED OFFERS
When using the Service, we may obtain a consumer’s credit history from a credit reporting agency with the appropriate consent. Credit reporting agencies may, in turn, share consumer information upon that consumer applying for a loan through the Service. You may contact www.optoutprescreen.com or call (888) 576-8688 to stop receiving prescreened credit offers.
USER ID’S AND PASSWORDS
The Service is restricted to Users and Subscribers (such as mortgage lenders and brokerage firms) who have obtained a user identification and password by completing the registration process.
You agree to notify ARIVE Customer Success, Compliance or Legal immediately if you believe your or a consumer user’s identification, password or other identifying information has been lost, stolen or otherwise compromised.
You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of the Service by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including any access to or use of the Service that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.
If you are a mortgage lender, broker, or other Platform Subscriber, you are responsible for ensuring Access Security standards through your own information security policies. You are expected to protect and maintain the confidentiality of any user identification, password or other identifying information you may obtain in connection with your use of the Service. We reserve the right to audit you in the interest of preserving the data integrity of our Platform.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
This Service is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.
Subscriptions AND ADD-ON MORTGAGE RELATED SERVICES
Some parts of the Service may be billed on a subscription basis (“Subscription(s)”) subject to an order form, services agreement,” payment schedule,” or as determined by our third-party suppliers. Subscribers may be billed in advance or on a recurring and periodic basis (“Billing Cycle”).
At the end of each Subscription Term, broker-specific Subscriptions will renew per the order form, agreement or schedule, unless it is cancelled by you or ARIVE.
Certain sections or pages of the Service may contain separate terms and conditions, which supplement these terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
In the event you desire to purchase an add-on service, a valid payment method, such as a credit card, may be required to process the payment for certain services. You shall provide accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information when prompted. By submitting such payment information, you automatically authorize ARIVE to charge all fees incurred through your account to any such payment instruments.
USE AND Subscription Limitations
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time due to product or service unavailability, errors in the description or price of the product or service, errors in your order, or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
We will provide you with reasonable prior notice of any change in Service fees to give you an opportunity to terminate your order before such change becomes effective.
Your continued use of the Service after the Service fee change comes into effect constitutes your agreement to pay the modified Service fee amount.
Except when required by law, paid Subscription fees, fees for services already rendered, and fees charged by and or advanced by us for third-party services are non-refundable.
Links To Other WebSites
While we are an end-to-end mortgage loan application and closing solution, we may not supply or have an agreement for services that you may find necessary to complete your transaction. Therefore, our Service may contain links to third party websites or services that are not owned or controlled by us, but made available to Users and Subscribers to help create a seamless mortgage loan processing experience for the customer, at various points in the mortgage process. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services that may be featured on the Service. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that we are not 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, goods or services available on or through any such third-party web sites or services.
No Advertising / No Links. ARIVE and our affiliates do not permit third-party advertising on the Service. Except with written permission or as stated in our Platform Subscription Agreement, you agree that you will not create links from any website or web page to our website or any page within our website.
The Service and its original content, features and functionality are and will remain the exclusive property of ARIVE and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
Except as expressly set forth in the Platform Subscription Agreement, ARIVE (and its licensors, where applicable) shall own (i) the Services, and all improvements, enhancements, or modifications made thereto, and (ii) all Intellectual Property rights related to any of the foregoing. You acknowledge and agree that any suggestions, ideas, enhancement requests, recommendations or other feedback provided by you relating to the Services (“Feedback”) shall be owned by ARIVE and to the extent you own any right, title or interest in or to such Feedback, you hereby assign and agree to assign to ARIVE all such right, title and interest in and to the Feedback without cost or expectation of remuneration.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, Users, Subscribers and all entities or natural persons who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Service and/or terminate the subscriptions of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
ARIVE will communicate with you in a variety of different ways including by email, fax, voicemail, letters sent by post, text and SMS messaging and in person. Some communications occur through multiple channels. Such communications are confidential and only intended for you or persons authorized to act on your behalf. By using the Service, you acknowledge the following communications-related practices:
Email communications: Unless explicitly stated, emails are not intended as formal or confirmed interest rate locks, unconditional loan commitments or unconditional loan approvals. ARIVE does not communicate in any method, unless explicitly stated, conditional or unconditional loan pre-qualifications or pre-approvals or any type of agreements to lend to a borrower.
Disclosures and Time Sensitive Instructions: When communicating with us through the Service, do not use the Platform, affiliate websites, chat or email to communicate any time-sensitive instructions that are in any way related to or may affect your loan, loan application, loan disclosures or loan closing documentation (such as interest rates locks, updates of your personal information, cancellation of a closing, rescissions, or any matter related to the loan). Such instructions may not be honored.
All transactions conducted on the Service, our affiliate websites, chat or via email, must be confirmed in writing by us to be accepted by and binding upon us. Our communications regarding matters regulated by applicable federal and state laws will always be formal and notated as such.
Recording & Monitoring of Communications: As described herein, your communications with us, including via the Service, chat, email, and telephone, may be recorded or monitored and by using such communications methods you are consenting to the recording or monitoring of the same.
Loan Approvals: All loan approvals, pre-qualifications, rate locks, deposit and refund agreements are only made by ARIVE lenders in writing. ARIVE is not a lender. Approvals and pre-qualifications are conditional in accordance with their terms except as specifically provided in writing signed by ARIVE lending partners or brokers subscribed to the Platform.
Credit Reports: By applying for credit, you are authorizing an ARIVE affiliate supplier to obtain a copy of your or your individual client’s credit report. As a result, a “hard” inquiry may appear on this credit report. A hard inquiry may negatively affect a consumer’s credit score. Fees for credit pulls are charged to Subscribers and if passed on as a loan cost, must be disclosed to the consumer in accordance with applicable federal and state laws. Platform Subscribers are responsible for all related mortgage lending compliance requirements to ensure all fees and costs related to the loan are properly and timely disclosed. If we suspect that you are not in compliance with consumer protection and disclosure requirements, we may terminate your Subscription.
E-Signature: General communications through this Platform and affiliate websites, chat or via email are not intended by us to constitute either an electronic record or an electronic signature, or to constitute any agreement by the sender to conduct a transaction by electronic means, unless a specific statement to the contrary is included in the message and specific e-signature procedures are employed. However, your assent to a “click to accept” button or feature affirming your own acceptance, is binding upon you.
Third-Party Service Providers: When making a loan application, or entering into a request for more information prior to applying for a loan, you are agreeing to provide us accurate, current and complete information and you acknowledge that such information will be relied upon to transact your loan application through the Service, by your broker, lender and our third-party suppliers.
We may terminate or suspend your account and limit access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.
Individual consumers who wish to terminate your account, may simply discontinue using the Service.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless ARIVE and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (a) your use and access of the Service, by you or any person using your account and password, or (b) a breach of these Terms.
LIMITATION OF LIABILITY
In no event shall ARIVE, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
ARIVE its subsidiaries, affiliates, and its licensors do not warrant that (a) the Service will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements.
You acknowledge that you are using the Platform and the Service voluntarily and are interacting with other parties through the Platform voluntarily, including consumers, mortgage brokers, lenders, and other third parties, and you agree that neither ARIVE nor LendWize will be liable to you for the actions or inaction of any other party.
If you are applying for a loan or any other mortgage-related product, you acknowledge and agree that decisions and actions regarding your application and receipt of a loan or other mortgage-related product, if any, will be made by the mortgage broker(s) and lender(s) with whom you have voluntarily chosen to work, and not by ARIVE or LendWize. You acknowledge and agree that ARIVE and LendWize are not (a) making any decision or taking any action with respect to your creditworthiness or other qualifications to receive a loan, (b) discriminating, preventing or discouraging you from submitting an application for any mortgage-related product for which you qualify, or (c) preventing you from contacting directly your mortgage broker and the lender from whom you wish to receive a mortgage-related product, and you hereby waive any and all liability against ARIVE and LendWize for their provision of the Platform and the Service and for any action or inaction, or any assistance rendered or withheld, by ARIVE or LendWize during the process of applying for and pursuing a loan or other mortgage-related product.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
GOVERNING LAW; MISCELLANEOUS
These Terms shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Any action or claim brought in connection with, or based in any way upon, these Terms, or any other action or claim brought against ARIVE will be brought only in Santa Clara County or Contra Costa County, California.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
The words “include,” “includes” and “including” shall mean without limitation, and any listing thereafter is not exhaustive.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, as determined by us, we will provide at least 15 days notice prior to any new terms taking effect. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us by email at firstname.lastname@example.org or by mail at: 5000 Executive Pkwy, Suite 312, San Ramon, CA 94583.