What does Lendage, LLC do with your personal information?
|Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.|
|The types of personal information we collect and share depend on the product or service you have with us. This information can include:Name and Contact InformationSocial Security Number and Credit ScoreAccount Balances and Transaction HistoryIncome and Employment Information|
|All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons Lendage chooses to share; and whether you can limit this sharing.|
Reasons we can share your personal information
|Reasons||Does Lendage Share?||Can You Limit This Sharing?|
|For our everyday business purposes– such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus.||Yes||No|
|For our marketing purposes– to offer our products and services to you.||Yes||No|
|For joint marketing with other financial companies||Yes||No|
|For our affiliates’ everyday business purposes– information about your transactions and experiences.||Yes||Yes|
|For our affiliates’ everyday business purposes– information about your creditworthiness||Yes||Yes|
|For our affiliates to market to you.||Yes||Yes|
|For our non-affiliates to market to you.||Yes||Yes|
To limit our sharing
Please note: If you are a new customer, for those types of information where you have a right to limit our sharing, we can begin sharing your information 30 days from the date we sent this notice. When you are no longer our customer, we continue to share your information as described in this notice. However, you can contact us at any time to limit our sharing.
Who we are
Who is providing this notice?
What we do
How does Lendage protect my personal information?
To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.
How does Lendage collect my personal information?
We collect your personal information, for example, when you
- Open an account or give us your income information
- Provide account information or provide employment information
- Give us your contact information
We also collect your personal information from others, such as credit bureaus, affiliates or other companies.
Why can’t I limit all sharing?
Federal law gives you the right to limit only
- Sharing for affiliates’ everyday business purposes—information about your creditworthiness
- Affiliates from using your information to market to you
- Sharing for nonaffiliates to market to you
State laws and individual companies may give you additional rights to limit sharing.
What information do we collect using Google Analytics?
Personal information may be collected from you in various ways, for example:
- Information about your computer and your visits to and use of this website (these are information about your browser, your IP address, your general location as determined from your IP address and provided by your browser, the site from which you come, and the links followed when leaving our site). This information is also collected through cookies
- When you conduct activities on our site (for example, when you apply for a loan product or service, we record the pages that you visited).
How is the Google Analytics information used?
We use this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- For statistical purposes and analysis for management purposes in order to administer the website or improve our products and services.
- Internal record keeping, and administrative purposes, and to inform you about our services or products, or other related information that we think would be of interest to you, as explained above.
- To communicate with you regarding our products and services
See section below for more on your rights under state law
Facebook Conversion Pixel
We use the “Custom Audience pixel” of Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”) on our website. With its help, we can keep track of what users do after they see or click on a Facebook advertisement. This enables us to monitor the effectiveness of Facebook ads for purposes of statistics and market research. Data collected in this way is anonymous to us, which means we cannot see the personal data of individual users. However, this data is saved and processed by Facebook. Facebook can connect this data with your Facebook account and use it for its own advertising purposes, in accordance with Facebook’s Data Policy which can be found at https://www.facebook.com/about/privacy/. You can allow Facebook and its partners to place ads on and outside of Facebook. A cookie can also be saved on your device for these purposes.
Companies related by common ownership or control. They can be financial and nonfinancial companies.
Our affiliates include financial companies such as Freedom Debt Relief, LLC, Freedom Financial Network, LLC, Bills.com, and Freedom Financial Asset Management, LLC, d/b/a: FreedomPlus, also d/b/a as ConsolidationPlus.
Companies not related by common ownership or control. They can be financial and nonfinancial companies.
Nonaffiliates we can share with include direct marketing companies, service providers, insurance companies and broker/dealers.
A formal agreement between non-affiliated financial companies that together market financial products or services to you. Lendage’s joint marketing partners include Financial Institutions, Lead Generators, and Marketing and Sales organizations.
Other important information
See below for important state-specific disclosures.
For California Residents
In accordance with California law, we will not share information we collect about you with nonaffiliates, except as allowed by law. For example, we may share information with your consent or to service your accounts. See below for your right to limit our sharing among our affiliates and with non-affiliated third parties.
For Nevada Residents
We are providing you this notice pursuant to state law. You may be placed on our internal “do not call” list by calling 800-655-6303. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St. – Suite 3900, Las Vegas, NV 89101; 702- 486-3132 – BCPINFO@ag.state.nv.us.
For Vermont Residents
In accordance with Vermont law, we will not share information we collect about Vermont residents with companies who are not affiliates, except as permitted by law, such as with your consent or to service your accounts. We will not share information about your creditworthiness with our affiliates without your authorization or consent but we may share information about our transactions or experiences with you with our affiliates without your consent.
Additional Rights for California Residents – Important Privacy Choices for Consumers
You have the right to control whether we share some of your personal information. Please read the following information carefully before you make your choices below.
1. Your Rights
You have the following rights to restrict the sharing of personal and financial information with our affiliates (companies we own or control) and outside companies that we do business with. Nothing in this form prohibits the sharing of information necessary for us to follow the law, as permitted by law, or to give you the best service on your accounts with us. This includes sending you information about some other products or services.
2. Your Choices
- Restrict Information Sharing With Companies We Own or Control (Affiliates): Unless you say “No,” we may share personal and financial information about you with our affiliated companies.
- Restrict Information Sharing With Other Companies We Do Business With To Provide Financial Products And Services: Unless you say “No,” we may share personal and financial information about you with outside companies we contract with to provide financial products and services to you.
3. Time Sensitive Reply
You may make your privacy choice(s) at any time. Your choice(s) will remain unless you state otherwise. However, if we do not hear from you we may share some of your information with affiliated companies and other companies with whom we have contracts to provide products and services.
To exercise your choices do one of the following:
Print out, sign and return this form (you may want to keep a copy for your records) to the following address:
Lendage, LLC1875 South Grant Street, Suite 510
San Mateo, CA 94402
Account Number (if applicable): _______________________________
Signature & Date: _________________________________________
( ) NO, please do not share personal and financial information with your affiliated companies.
( ) NO, please do not share personal and financial information with outside companies you contract with to provide financial products and services.
Reply electronically by contacting us through the Internet at lendage.com
Call this toll-free number: (844) 714-0596
This agreement was last modified on May 15, 2019.
1. USE OF OUR SERVICE
Company provides an online platform to help borrowers find a Home Equity Line of Credit and assist them through closing.
You may use the Service only if you can form a binding contract with Company, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Company or from other services from Company’s Affiliates.
B. Company Service
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. Company reserves all rights not expressly granted herein in the Service and the Company Content (as defined below) including without limitation the ability to charge a license fee or subscription fee to use the Service. Company may terminate this license and this Agreement at any time for any reason or no reason.
C. Company Accounts
Your Company account gives you access to the services and functionality that Company may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a Company account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to Company with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, whether or not such activity occurs with your authorization. You must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Company immediately of any breach of security or unauthorized use of your account. Company will not be liable for any losses caused by any unauthorized use of your account.
By providing Company your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail (except where disclosures and other communications must be sent via postal mail). We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. Also, you may not be able to opt out of receiving some documents, including required disclosures and documents for signatures related to loan applications.
D. Service Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Company grants the operators of public search engines revocable permission to use spiders to copy materials from Lendage.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, and only to the extent such unlicensed “fair use” is allowed by applicable copyright law. Search Engines are not permitted to query or search: (1) information protected by a security verification system (such as “captcha”) which limits access to human users, or (2) excluded pages, e.g., as defined by robots.txt (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein. Company specifically reserves the right to update this list of prohibited activities at any time, by posting an update to this Agreement to its website.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.You are solely responsible for your interactions with other Company Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Company shall have no liability for your interactions with other Users, or for any User’s action or inaction.
2. USER CONTENT
Some areas of the Service allow Users to post content such as profile information, comments, questions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service “User Content”). We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, by sharing User Content through the Service, you agree to allow others to view, edit, and/or share your User Content in accordance with your settings and this Agreement. Company has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current or (ix) violates any school or other applicable policy, including those related to cheating or ethics. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. Company reserves the right, but is not obligated, to reject and/or remove any User Content that Company believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property and proprietary rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.In connection with your User Content, you affirm, represent and warrant the following:
- You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
- Your User Content and Company’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
- Company may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
- To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
Company takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Company shall not be liable for any damages you allege to incur as a result of User Content.
3. USER CONTENT LICENSE GRANT
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Company’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
4. MOBILE SOFTWARE
We may make available software to access the Service via a mobile device. To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. Company does not warrant that the Mobile Software will be compatible with your mobile device. Company hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Company account on mobile device(s) owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Company may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Company or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Company reserves all rights not expressly granted under this Agreement. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Company Service.
5. OUR PROPRIETARY RIGHTS
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Company Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Company and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Company Content. Use of the Company Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Company under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Company does not waive any rights to use similar or related ideas previously known to Company, or developed by its employees, or obtained from sources other than you.
6. COMPANY PROPERTY
Certain aspects of the Service may allow you to obtain certain reputational or status indicators (“Company Property”). You understand and agree that regardless of terminology used, Company Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at Company’s sole discretion. Company Property is not redeemable for any sum of money or monetary value from Company at any time. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of Company on Company servers, including without limitation any data representing or embodying any or all of your Company Property. You agree that Company has the absolute right to manage, regulate, control, modify and/or eliminate Company Property as it sees fit in its sole discretion, in any general or specific case, and that Company will have no liability to you based on its exercise of such right. All data on Company’s servers are subject to deletion, alteration or transfer. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT RESIDING ON COMPANY’S SERVERS MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN COMPANY’S SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. COMPANY DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON COMPANY’S SERVERS.
7. NO PROFESSIONAL ADVICE
If the Service provides professional information, such information is for informational purposes only and should not be construed as professional advice. Financial information is one such example. In particular, any information regarding mortgages, financial products or services, or real estate or financial professionals is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
Company uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings and guard your non-public information. Such measures include using HTTP over SSL encryption on our website to securely transmit any sensitive information. Despite such safeguards, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. COMPANY DISCLAIMS ANY RESPONSIBILITY FOR ANY LOSS OF YOUR PERSONAL INFORMATION THAT OCCURS DURING USE OF THE SERVICES.
10. DMCA NOTICE
Since we respect artist and content owner rights, it is Company’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Company’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Service;
- Information reasonably sufficient to permit Company to contact you, such as your address, telephone number, and, email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Lendage, LLCAttn: DMCA Notice
1875 South Grant Street, Suite 510
San Mateo, CA 94402
Telephone: (844) 714-0596
Fax: (650) 393-6001
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Company and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Company’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
11. THIRD-PARTY LINKS
You agree to defend, indemnify and hold harmless Company and its subsidiaries, agents, licensors, managers, and other affiliated companies, 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) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any other content that is submitted via your account or that is lost during use of your account; (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code, or (vii) your use of and access to any third-party website, service or advertiser.
13. NO WARRANTY
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 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, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, COMPANY, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE COMPANY SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, CONTRACTORS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION, INCLUDING WITHOUT LIMITATION USER CONTENT, CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS AFFILIATES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, INCLUDING WITHOUT LIMITATION USER CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO COMPANY HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY OR ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Service is controlled and operated from facilities in the United States. Company makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
15. GOVERNING LAW, ARBITRATION, AND JURY TRIAL WAIVER (EXCEPT CALIFORNIA)
Governing Law. You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in San Francisco County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that San Francisco County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
Arbitration – Dispute Resolution. For any dispute with Company, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. In the unlikely event that Company has not been able to resolve a dispute it has with you after sixty (60) days, we each may elect to formally resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, Inc. (“JAMS”), under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. Upon election to arbitrate the dispute, the parties agree the arbitration will be conducted in San Francisco County, California, unless you and Company agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Company from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY (EXCEPT IN CALIFORNIA).
Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with Company in connection with the Service, shall constitute the entire agreement between you and Company concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Contact. Please contact us at email@example.com with any questions regarding this Agreement.
This agreement was last modified on May 15, 2019.
THE FOLLOWING ONLY APPLIES TO CALIFORNIA RESIDENTS
The California Consumer Privacy Act (“CCPA”) provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you.
- If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
- sales, identifying the personal information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access and Deletion Rights
To exercise the access and deletion rights described above, please submit a verifiable consumer request to us by either:
- Calling us at: 844-606-9533
- Visiting: www.lendage.com
- If you are a Lendage Customer: Sign In
- Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information.
You may only make a verifiable consumer request for access or deletion once within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.
We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.
If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
Other California Privacy Rights
California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please write to us at:___________.
1875 South Grant Street, Suite 510
San Mateo, CA 94402
Electronic Consent Agreement
AGREEMENT TO CONSENT TO USE OF ELECTRONIC SIGNATURES, RECORDS, DISCLOSURES, AND COMMUNICATIONS
Your Consent To Do Business Electronically (the eConsent Agreement)
If you choose to apply for a mortgage through Lendage, LLC, from time to time you will receive disclosures, notices, documents, and information from Lendage, LLC (“Lendage,” “we” or “us”).
Electronic Documents and Signatures – Consent
We are required or allowed to provide you with certain written disclosures, documents and information pertaining to your transactions with us.
Under the federal E-Sign Act and related state laws, with your consent, we can deliver written disclosures, documents and information pertaining to your transactions with us electronically (collectively, “Electronic Communications”), and we can use electronic records and electronic signatures in connection with your transactions with us.
It is important to Lendage that you understand your rights and responsibilities relating to electronic receipt and execution of Electronic Communications. So please review and agree to the terms of this Electronic Consent Agreement (“eConsent Agreement”) outlined below. Please read this notice carefully prior to giving your consent and print or download a copy for your files.
If you do not want to receive Electronic Communications electronically, or you do not want to use electronic signatures in connection with your transactions with us, you should not agree to the terms of this eConsent Agreement. If you do not consent to receiving the Electronic Communications electronically, or do not consent to use electronic signatures in connection with your transactions with us, we will not be able to proceed with your transaction or online account services.
If you want to proceed with your loan application via the Internet, you must consent to receiving the Electronic Communications electronically, before we can provide it to you electronically. Your consent will apply to all your transactions with us and any Electronic
Communications we provide or make available to you. Your consent also permits the general use of electronic records and electronic signatures in connection with all your transactions with us.
Withdrawal of Consent
At any time, you may withdraw your consent to receive Electronic Communications electronically or to the use of electronic signatures in connection with any future transactions with us. We will not charge you any fees for withdrawing your consent. You may withdraw your consent at any time at no charge. If you have a pending loan request or application in process with us, or a loan that has been approved and is in the process of funding, withdrawing your consent will terminate your loan request or application and will result in the cancellation of any funds in process of disbursement (except where prohibited by law). After your loan has been originated and funded, you may withdraw your consent to receive any future Electronic Communications in electronic format. Withdrawing your consent does not apply to Electronic Communications that were previously provided to you electronically. Withdrawing your consent may slow the speed at which we can deliver services to you.
If you withdraw your consent, you will not be able to access any Electronic Communications online, receive certain electronic communications about your loan, and you will only receive paper periodic account statements. Also, any scheduled electronic payments will be cancelled. If you decide you do not want to receive Electronic Communications electronically in connection with any future transactions with us, or you do not want to use electronic signatures in connection with any future transactions with us, you may withdraw your consent by contacting us, by phone at 1-844-606-9533, or by mail at:
1875 South Grant, Street, Suite 510
San Mateo, CA 94402
Paper Copy of Electronic Communications Available Upon Request – No Charge
If you decide to provide your consent, you may, upon request, obtain a paper copy of the Electronic Communications by contacting Lendage.
Please send your request to us at:
Address: 1875 South Grant Street, Suite 510, San Mateo, CA 94402
You will not be required to pay a fee for receiving paper copies of the Electronic Communications.
You may also print copies of the Loan Documents from your computer if you have a printer that is connected to your computer.
Computer Hardware, Software and Other Requirements
To receive, print and retain Electronic Communications electronically on a personal computer, you must have the following items and features:
- An active email address.
- A connection to the Internet and an up-to-date internet browser using 128-bit encryption or higher that is compatible with, and supported by, your operating system (e.g., Edge, Internet Explorer, Firefox, Chrome, or Safari).
- A Current Version of programs that accurately read and display HTML, Text, and PDF files. By “Current Version,” we mean a version of the software that is currently being supported by its publisher.
- A computer and an operating system capable of supporting all of the above.
- You will also need a printer, if you wish to print out and retain records on paper.
- If you wish to retain records in electronic form, you will also need a form of electronic storage
To receive, print and retain Electronic Communications electronically on a mobile device, you will need:
- A mobile device with any of the following operating systems: Android or iOS (iPhone).
- A data plan provided by your wireless carrier or Internet connectivity via WiFi and an up-to-date mobile internet browser that is compatible with, and supported by, your operating system (e.g., Chrome or Safari).
- A Current Version of programs that accurately read and display HTML, Text, and PDF files.
- A printer and/or storage device if you wish to print or retain any electronic documents.
- In some cases, you may also need a specific brand or type of device that can support a particular software application, including an application intended for particular mobile or handheld devices.
We reserve the right to discontinue support of a Current Version of software if, at our sole opinion, it suffers from a security flaw or other flaw that makes it unsuitable for use Lendage’s online unsecured loan program.
We will notify you if our hardware or software requirements change and whether that change creates a material risk that you would not be able to access or retain your electronic documents. Continuing the application process after receiving notice of the change is the reaffirmation of your consent to this eConsent Agreement.
Multiple Access Devices
Your acceptance of this eConsent Agreement on one access device constitutes your acceptance on all access devices you use. For example, if you view and accept this eConsent Agreement on a mobile device, the terms of this eConsent Agreement will apply to Electronic Communications you access on a personal computer (or vice versa).
Additionally, by viewing and accepting this eConsent Agreement on any access device, you are reasonably demonstrating your ability to access and view Electronic Communications in the format that the services are provided on that access device and all subsequent access devices.
If you change access devices (or use multiple access devices), it is your responsibility to ensure that the new access device meets the applicable system requirements and that you are still able to access and view Electronic Communications on the subsequent access device. Continuing your application on other access devices is your reaffirmation of this eConsent Agreement.
Notifications of Changes in Your Information
You must promptly notify us if there is a change in your email address or in other information needed to contact you electronically. You can contact us at:
1875 South Grant Street, Suite 510
San Mateo, CA 94402
We will not assume any liability if you do not receive notification of the availability of Electronic Communications in the event your email address on file is invalid; your email or Internet service provider filters the notification as “spam” or “junk mail”; there is a malfunction in your computer, browser, Internet service and/or software; or for other reasons beyond our control.
Lendage HELOC Early Disclosure
1875 South Grant Street, Suite 510
San Mateo, CA 94402
Toll free: (844) 606-9533
IMPORTANT TERMS OF OUR
HOME EQUITY LINE OF CREDIT
This disclosure contains important information about our home equity line of credit (the “line” or “account”). You should read it carefully and keep a copy for your records.
Availability of Terms: All of the terms described below are subject to change. If these terms change (other than the annual percentage rate) and you decide not to enter into an agreement with us, you are entitled to a refund of any fees you paid to us or anyone else in connection with your application.
Security Interest: We will take a mortgage on your home. You could lose your home if you do not meet the obligations in your agreement with us.
Credit Limit: You may make borrowings under the line up to a maximum amount not to exceed the approved Credit Limit.
Draw Period: You can obtain advances of credit during the first 60 months of your line (the “Draw Period”). The total amount of all advances under the line cannot exceed the approved Credit Limit. After the Draw Period ends, you will no longer be able to obtain any additional credit advances.
Initial Draw Amount: The initial amount of credit advanced under the line is the “Initial Draw Amount”. The Initial Draw Amount will be advanced at the time we open your home equity line of credit and will be equal to the approved Credit Limit. Consequently, at the time we open your home equity line of credit account, there will be no available credit under the line for Subsequent Draws (as defined below). If you make your payments on time, additional credit will become available under the line for Subsequent Draws. We will charge you a fixed rate of interest on the Initial Draw Amount.
Subsequent Draws: During the Draw Period, you make take additional advances (“Subsequent Draws”) on your line. Subsequent Draws will have the same fixed interest rate as the Initial Draw Amount. Each Subsequent Draw may not be less than $10.00. You may take Subsequent Draws only if the total of the Subsequent Draw and any balance outstanding on your line does not exceed the Credit Limit. If we have a right to terminate your line or refuse to extend additional credit under your line, you will not be able to make Subsequent Draws thereafter.
Prepayment: You may choose to make a payment in excess of the Minimum Required Payment. There is no penalty for prepayment.
Minimum Required Payment: Your Minimum Required Payment is the minimum amount you must pay monthly. Paying your Minimum Required Payment amount on time each month will ensure that your line will be fully paid-off in 10 years. Your Minimum Required Payment will be the amount that would be sufficient to repay the entire balance on your line, including interest, by the maturity date, assuming you make all Minimum Required Payments on time. We will calculate your Minimum Required Payment when you take the Initial Draw Amount. We will recalculate your Minimum Required Payment each month that you take a Subsequent Draw or make a payment in excess of the Minimum Required Payment.
Minimum Payment Example: If you made only the minimum payment each month and took no other credit advances, beyond your Initial Draw Amount, it would take 10 years to pay off your Initial Draw Amount.
For an Initial Draw Amount of $10,000 at the ANNUAL PERCENTAGE RATE of 8.500%, you would make 119 payments of $123.99, followed by 1 payment of $123.15.
Fees and Charges: To open and maintain a home equity line of credit account, you must pay the following fees:
|Line Origination Fee *:||2.50% of the Preliminary Credit Amount (as defined below)||(due at Closing and included in your Initial Draw Amount)|
|Underwriting Fee:||$685||(due at Closing and included in your Initial Draw Amount)|
You may also be required to pay certain fees to third parties to open an account. These fees generally total between $480 – $680. In some states, the fees could total as much as $1,500. Before opening the account, we will give you an itemization of the fees you will have to pay to third parties.
If you tell us you have decided not to enter into the line within three business days of receiving this disclosure and the Consumer Financial Protection Bureau brochure entitled “What You Should Know About Home Equity Lines of Credit”, or within six business days after the day we mail them to you, as the case might be, any fees or charges you might have already paid will be refunded.
Annual Percentage Rate – Fixed Rate Feature: The home equity line of credit has a fixed rate feature. As a result, the interest rate on the line, and the annual percentage rate, will not change. Nor will the minimum monthly payments change, if you make those payments on time each month and do not make any Subsequent Draws. An
ANNUAL PERCENTAGE RATE (corresponding to the periodic rate) that we have recently offered under the plan is 9.00%. This rate does not include costs other than interest.
Rate Changes: The rate on this line is a fixed rate. This means there will be no changes in your interest rate during the term of the line.
Maximum Rate and Payment Examples: The rate on this line is a fixed rate. This means there will be no changes in interest rate during the term of the line. If the ANNUAL PERCENTAGE RATE equals 9.00% and you had an outstanding balance of $10,000, the minimum monthly payment would be $126.68.
Possible Actions: Termination of Line of Credit
We can terminate your line and require you to pay us the entire outstanding balance in one payment if:
- You engage in fraud or material misrepresentation in connection with the line.
- You do not meet the repayment terms.
- Your action or inaction adversely affects the collateral or our rights in the collateral.
Possible Actions: Refusal to Extend Additional Credit or Reduction of Your Credit Limit
We can refuse to make additional extensions of credit or reduce your credit limit, if:
- The value of the dwelling securing the line declines significantly below its appraised value for purposes of the line.
- We reasonably believe you will not be able to meet the repayment requirements due to a material change in your financial circumstances.
- You are in default of a material obligation in the agreement.
- Government action prevents us from imposing the annual percentage rate provided for or impairs the priority of our security interest such that the value of the interest is less than 120 percent of the credit line..
- The initial Agreement permits us to make changes to the terms of the Agreement at specified times or upon the occurrence of specified events.
- A regulatory agency has notified us that continued advances would constitute an unsafe and unsound practice.
Tax Deductibility: You should consult a tax advisor regarding the deductibility of interest and charges for the line.
Term: The “Term” of the line will be 120 months, unless you choose to terminate the line sooner, or unless we terminate the line, as allowed by law.
Preliminary Credit Amount: The Preliminary Credit Amount is the Credit Limit, minus any fees we may charge you to open the account.
ACH Enrollment: We will reduce the ANNUAL PERCENTAGE RATE on your line by 0.250% if, in advance of opening your line, you elect to enroll to make automatic payments on your line via ACH from an existing checking account. This discount to the APR will be terminated, and the interest rate on your line increased by 0.250%, if the autopay authorization is revoked or terminated, without enrolling another checking account for ACH automatic payments.
Telephone Consumer Protection Act Agreement
AGREEMENT TO CONSENT TO THE TELEPHONE CONSUMER PROTECTION ACT
Your Consent To Contact Telephone, Text, or Email
To facilitate your loan process, Lendage would like to contact you by telephone, text, or email. If you authorize the telecommunications consent, you agree that Lendage may contact you by telephone, even if your telephone number is listed on the Federal Do Not Call list. You also agree to be contacted by Lendage at any electronic address, and at any telephone number, that you provide Lendage now or in the future. These contacts could include calls, text, or SMS messages to cellular and wireless telephone numbers, which could result in charges to you. The manner in which these calls or text messages are made to you might include the use of pre-recorded / artificial voice messages and/or an automatic telephone dialing system. If you sign this telecommunications consent, you also agree that Lendage may send emails to you at any email address you provide it or use other electronic means of communication to the extent permitted by law.
You may revoke your consent at any time. You are not required to give your consent, and you may obtain a loan from Lendage even if you do not consent.
Lendage LLC. is committed to facilitating the accessibility of its website for all people with disabilities and will be implementing over time the relevant portions of the World Wide Web Consortium’s Web Content Accessibility Guidelines 2.0 Level AA (WCAG 2.0 AA) as its web accessibility standard, which also will bring the Company into conformance with Section 508 Web Accessibility Standards developed by the United States Access Board (Section 508).
While Lendage LLC strives to adhere to the accepted guidelines and standards for accessibility and usability, it is not always possible to do so in all areas of the website, particularly as it relates to content by third parties. Lendage LLC. is not responsible for ensuring that third-party content, software, widgets, plug-ins or tools, which are not owned by the Company but are otherwise located on or linked to its websites, conform to WCAG 2.0 Level AA, and shall not be liable if they are inaccessible to individuals with disabilities.
As efforts are ongoing, you may direct questions or concerns to 866-934-7283 (Option 4) or Compliance@Lendage.com Lendage LLC will make all reasonable efforts to make particular web pages accessible or otherwise accommodate customers and job applicants.