Welcome to LoanManager.app. LoanManager.app is owned and operated by Lending Automator, Inc. ("Lending Automator," "we," "our," or "us"). LoanManager.app is an applicant-facing technology platform that enables applicants, prospective borrowers, guarantors, property owners, and other transaction participants (collectively, "Applicants") to provide information and interact with mortgage brokers, lenders, and other organizations that use Lending Automator technology (each, a "Platform Customer"), as well as with certain third-party service providers. These Terms of Use ("Terms") govern your access to and use of the LoanManager.app website and related services (collectively, the "Services"). By accessing or using the Services, you agree to these Terms. If you do not agree, you may not use the Services.
You may use the Services only for lawful purposes and in accordance with these Terms. Certain features may require you to create an account, follow an invitation or link from a Platform Customer, or otherwise verify your identity or contact information. You are responsible for maintaining the confidentiality of your login credentials and for activity conducted through your account. You must promptly notify us if you believe your account or credentials have been compromised.
The Services are offered only to persons who are at least the legal age of majority in the jurisdiction in which they reside or are located. By using the Services, you represent that you are legally able to enter into these Terms. If you submit information or act on behalf of a company, borrower entity, trust, partnership, or other person or entity, you represent that you are authorized to do so.
a) Business-Purpose Use: LoanManager.app is intended solely to facilitate applications and transactions involving business-purpose credit, meaning credit not primarily for personal, family, or household purposes. The Services are not intended for consumer-purpose mortgage or other consumer-purpose credit transactions.
b) Applicant Representation: By submitting or participating in an application through the Services, you represent that the credit being requested is primarily for a business, commercial, investment, or other non-consumer purpose. If the requested credit is primarily for personal, family, or household purposes, you should not submit that transaction through LoanManager.app.
c) Enforcement: Lending Automator may suspend, restrict, or terminate access to a transaction or to the Services if we reasonably believe the Services are being used for a prohibited consumer-purpose transaction, unlawful activity, fraud, or other conduct that violates these Terms.
d) Definitions: "Business-purpose" credit means credit not primarily for personal, family, or household purposes. "Consumer-purpose" credit means credit primarily for personal, family, or household purposes.
a) Accuracy and Completeness: You agree to provide information that is accurate, current, and complete to the best of your knowledge and to promptly correct material errors or changes. You must not knowingly submit false, misleading, fabricated, altered, or fraudulent information or documents.
b) Information About Other Persons: If you provide personal information or documents concerning another person, including a co-borrower, guarantor, owner, employee, or other transaction participant, you represent that you are authorized to provide that information for the applicable transaction and requested Services.
c) Applicant Content: You retain any ownership rights you may have in information and documents you submit. You grant Lending Automator a non-exclusive, worldwide, royalty-free license to host, copy, process, transmit, display, and otherwise use that information only as reasonably necessary to provide, secure, support, and improve the Services; facilitate the transaction and functionality you request; comply with law; and exercise our rights under these Terms and our Privacy Policy.
a) Limited License: Subject to these Terms, Lending Automator grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for your own participation in an application, loan, real estate, or related transaction supported through LoanManager.app.
b) Ownership: The Services, including their software, design, workflows, content, features, documentation, and underlying technology, are owned by Lending Automator and/or its licensors and are protected by intellectual property and other laws. Except for the limited right to use the Services under these Terms, no rights are transferred to you.
c) Trademarks: Lending Automator, LoanManager.app, and related names, logos, marks, and trade dress may not be used without prior written permission except as permitted by applicable law.
d) Feedback: If you voluntarily provide suggestions or feedback about the Services, Lending Automator may use that feedback without restriction or compensation to you.
Lending Automator provides technology and does not itself act as your lender, mortgage broker, loan originator, insurance producer, appraiser, title insurer, credit repair organization, credit monitoring provider, background reporting agency, legal adviser, tax adviser, investment adviser, or financial adviser solely by providing the Services. A Platform Customer or other Third Party may separately perform one or more of those roles.
Lending Automator does not approve or deny loan applications, make underwriting or funding decisions, set loan terms, guarantee that you will qualify for financing, or guarantee that any lender or service provider will offer any particular product, rate, term, or service. Any lending decision is made solely by the applicable lender. You should review the terms and qualifications of any loan or third-party service independently and obtain professional advice when appropriate.
a) Platform Customers: The broker, lender, or other organization that invited you to use LoanManager.app or with whom you are working is a Platform Customer and is independent from Lending Automator. Platform Customers may receive, review, use, retain, or disclose information you submit through the Services for the transaction and for their own legal, regulatory, operational, and business purposes, subject to applicable law and their own privacy practices and agreements with you.
b) Other Third Parties: The Services may display, connect you with, or facilitate products, reports, quotes, or services from independent third parties ("Third Parties"). These may include lenders; property insurance companies, agencies, agents, or brokers; appraisers and appraisal management companies; title insurance companies, title agents, escrow, closing, or settlement providers; consumer reporting agencies and credit-data providers; background screening or reporting agencies; credit monitoring or credit repair providers; identity and fraud-prevention providers; and other providers involved in evaluating, processing, closing, servicing, or otherwise supporting a loan or real estate transaction.
c) Requested Services and Data Sharing: When you request, authorize, or use functionality involving a Platform Customer or Third Party, Lending Automator may transmit information reasonably necessary to facilitate the requested product, service, report, quote, or transaction, subject to applicable law and any required consent or authorization.
d) Independent Providers: Platform Customers and Third Parties may have their own eligibility requirements, terms, fees, privacy practices, and legal obligations. Lending Automator does not control and is not responsible for their acts, omissions, decisions, products, services, or information-handling practices except to the extent responsibility cannot be disclaimed under applicable law. Inclusion or availability of a Third Party through the Services does not constitute a guarantee or endorsement.
a) Separate Authorization: Certain functionality may allow you to request or authorize a soft credit inquiry or other access to consumer credit reports, credit scores, credit attributes, or related consumer report information (collectively, "Credit Information"). Agreeing to these Terms, by itself, does not constitute your authorization for Lending Automator, a Platform Customer, a lender, or another person to obtain a consumer report where separate authorization, certification, or other consent is required. Any required authorization will be presented separately or otherwise obtained in connection with the applicable credit-report functionality.
b) Limited Platform Purpose: Credit Information obtained or displayed through LoanManager.app for lender-matching functionality is provided solely to assist with preliminary matching of an applicant and proposed transaction with potentially applicable lender programs. Lending Automator does not use such Credit Information to approve or deny credit or to make underwriting or other credit decisions. Credit Information made available through this functionality is not intended or authorized to be used by a Platform Customer as a basis to approve or deny credit or to establish or modify credit pricing, rates, terms, conditions, loan amount, or availability.
c) Separate Lender Underwriting: A lender or other person may separately obtain or use a consumer report for underwriting, credit decisioning, or another legally permissible purpose, subject to applicable law and any authorization or notice required for that separate use. Any such report or decision is separate from Lending Automator's limited lender-matching use described above.
d) Accuracy and Disputes: Credit Information is supplied by independent consumer reporting or credit-data providers. Lending Automator does not create the underlying credit file and does not guarantee its accuracy or completeness. Questions or disputes concerning the contents of a consumer report may need to be directed to the applicable consumer reporting agency or information furnisher.
e) Restricted Access and Disclosure: You may not access, obtain, disclose, reproduce, or use Credit Information through the Services for an unauthorized purpose or in violation of applicable law, these Terms, or applicable provider requirements.
You agree not to use the Services to:
To provide the Services and facilitate the transaction or functionality you request, Lending Automator may collect, use, process, transmit, and disclose information you provide through LoanManager.app, including applicant, borrower, guarantor, loan, property, financial, identity, document, communication, account, and transaction information. Information may be shared with the Platform Customer with whom you are working; lenders or other transaction participants to whom information is submitted or directed; operational vendors such as hosting, data-storage, communications, document-management, electronic-signature, identity, fraud-prevention, security, and payment providers; and the Third Parties described in Section 6.
Information will be shared as reasonably necessary for the applicable requested or authorized functionality and subject to applicable law and required permissions. Credit Information and other consumer report information will be disclosed only as permitted by applicable law and applicable provider requirements. Lending Automator may also disclose information where required or permitted by law, legal process, or governmental request; to investigate or prevent fraud, misuse, or security incidents; or to protect the rights, property, or safety of Lending Automator, Platform Customers, Applicants, or others.
Lending Automator may use aggregated or de-identified information for analytics, research, product development, service improvement, security, and other lawful business purposes where the information does not reasonably identify you. Additional information about our data practices appears in the Privacy Policy.
Lending Automator may retain information for as long as reasonably necessary to provide and support the Services and the applicable transaction; maintain records for the Platform Customer; comply with contractual, legal, regulatory, fraud-prevention, security, and dispute-resolution requirements; and enforce agreements. Closing or terminating your LoanManager.app account does not necessarily require immediate deletion of information associated with an application or transaction. Retention practices are described further in the Privacy Policy and may also be affected by the independent obligations of the Platform Customer or Third Parties involved in your transaction.
Lending Automator implements reasonable administrative, technical, and physical safeguards intended to protect information processed through the Services. No method of transmission, storage, or security is completely secure, and we cannot guarantee that unauthorized persons will never defeat safeguards or improperly access information. You are responsible for using reasonable care to protect your account credentials and devices.
You should retain copies of important application documents, disclosures, communications, and transaction records that you may need. Continued availability of information through LoanManager.app is not guaranteed indefinitely.
If Lending Automator becomes aware of a security incident involving personal information for which notice is required, Lending Automator will provide notice to affected persons, the applicable Platform Customer, or other parties as required by applicable law and the circumstances of the incident. Notice may be provided through the email address or other contact information associated with your account or by other legally permitted means.
By using the Services and providing contact information, you acknowledge that Lending Automator and/or the applicable Platform Customer may communicate with you electronically regarding your account, application, requested Services, transaction status, security, and administrative matters, subject to applicable law. Promotional or marketing communications are subject to applicable legal requirements and available opt-out rights. Where applicable law requires a separate consent to receive legally required disclosures, records, signatures, calls, or text messages electronically, that consent will be obtained separately and is not created solely by your agreement to these Terms.
Lending Automator will not be liable for delay or failure to perform caused by circumstances beyond its reasonable control, including natural disasters, acts of government, labor disputes, internet or telecommunications failures, cyber incidents affecting third-party infrastructure, or other events beyond our reasonable control.
Your use of the Services is also governed by the LoanManager.app Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy describes how Lending Automator collects, uses, retains, and discloses information in connection with LoanManager.app. Platform Customers and Third Parties may have separate privacy policies and practices that also apply to information they receive.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." LENDING AUTOMATOR DISCLAIMS ALL WARRANTIES NOT EXPRESSLY PROVIDED IN THESE TERMS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. LENDING AUTOMATOR DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR AVAILABLE AT ANY PARTICULAR TIME; THAT INFORMATION PROVIDED BY A PLATFORM CUSTOMER OR THIRD PARTY WILL BE ACCURATE OR COMPLETE; OR THAT USE OF THE SERVICES WILL RESULT IN APPROVAL, FUNDING, A PARTICULAR LOAN TERM, OR A PARTICULAR THIRD-PARTY PRODUCT OR SERVICE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE FOREGOING MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LENDING AUTOMATOR AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITY, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LENDING AUTOMATOR'S AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT, IF ANY, YOU PAID DIRECTLY TO LENDING AUTOMATOR FOR THE SERVICES DURING THE THREE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.
To the extent permitted by applicable law, you agree to indemnify and hold harmless Lending Automator and its officers, directors, employees, contractors, and affiliates from third-party claims, damages, losses, and reasonable expenses arising directly from your fraud, intentional misconduct, knowing submission of false or unauthorized information, infringement or violation of another person's rights, or material violation of these Terms or applicable law. This Section does not require you to indemnify Lending Automator for Lending Automator's own negligence, willful misconduct, or violation of law to the extent such indemnification is prohibited by applicable law.
You may stop using the Services at any time. Lending Automator may suspend or terminate your access to some or all of the Services if you violate these Terms, if suspension is reasonably necessary to protect the Services or other users, if requested by the applicable Platform Customer, if required by law or a provider requirement, or if the Services or applicable functionality are discontinued. Termination of access does not automatically cancel, withdraw, or delete a loan application already submitted to a Platform Customer or Third Party, and it does not require immediate deletion of information that may lawfully be retained.
Provisions that by their nature should survive termination will survive, including provisions concerning intellectual property, Applicant Content licenses to the extent necessary for retained records, Platform Customers and Third Parties, Credit Information restrictions, data sharing and retention, disclaimers, limitation of liability, indemnification, governing law, arbitration, and other provisions necessary to interpret or enforce these Terms.
You may not assign or transfer these Terms without Lending Automator's prior written consent. Lending Automator may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, corporate restructuring, or transfer of the Services, subject to applicable law.
Nothing in these Terms creates a partnership, joint venture, fiduciary, attorney-client, adviser-client, lender-borrower, broker-client, insurance producer-client, or other professional relationship between you and Lending Automator. Lending Automator provides the technology platform. Any separate relationship you have with a Platform Customer or Third Party is governed by your agreements with that party and applicable law.
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles, except to the extent applicable law requires otherwise.
TO THE EXTENT PERMITTED BY LAW, YOU AND LENDING AUTOMATOR WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES. EXCEPT FOR A CLAIM THAT QUALIFIES FOR SMALL CLAIMS COURT OR A REQUEST FOR INJUNCTIVE OR EQUITABLE RELIEF TO PROTECT INTELLECTUAL PROPERTY, CONFIDENTIAL INFORMATION, SECURITY, OR AGAINST UNAUTHORIZED USE, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER THE AAA RULES APPLICABLE TO THE DISPUTE. IF THE AAA CONSUMER ARBITRATION RULES APPLY, THOSE RULES, INCLUDING THEIR FEE ALLOCATION PROVISIONS, WILL CONTROL. IF AN IN-PERSON HEARING IS REQUIRED, THE LOCATION WILL BE DETERMINED UNDER THE APPLICABLE AAA RULES AND APPLICABLE LAW; THE PARTIES MAY AGREE TO REMOTE PROCEEDINGS. JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. THIS SECTION DOES NOT LIMIT RIGHTS OR REMEDIES THAT CANNOT LAWFULLY BE WAIVED.
These Terms, together with the Privacy Policy and any separate consents, authorizations, disclosures, or terms presented for particular Services, constitute the agreement between you and Lending Automator concerning your use of LoanManager.app, except that separate agreements between you and a Platform Customer or Third Party are not superseded by these Terms.
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in effect to the maximum extent permitted by law. A failure to enforce any provision is not a waiver of the right to enforce that or any other provision later.
We may modify these Terms from time to time. We will post the revised Terms and update the date shown above. Where required by applicable law, we will provide additional notice of material changes. Your continued use of the Services after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by law. If you do not agree to revised Terms, you must stop using the Services.
If you have questions about these Terms, please contact us at legal@lendingautomator.com.
Notices to Lending Automator concerning these Terms must be in writing and delivered with confirmation of receipt to legal@lendingautomator.com or to Lending Automator, Inc., 66 Franklin Street, Norwich, CT 06360. We may provide notices to you through the Services, by email or other contact information associated with your account, or by other means permitted by applicable law.