These Terms of Use, and our Privacy Policy, as each is amended from time to time, apply to you when you view, access or otherwise use the web site located at https://www.iheartloan.com (the “Website”). The Website is owned by iheartloan Inc.. (““iheartloan Inc.””), which is headquartered in San Clemente, CA. For the purposes of these Terms of Use, the terms “we,” “us” and “our” refer to “iheartloan Inc.” and “you” or “your” refer to a user of this Website.
(a) All site visitors are subject to these Terms of Use and must be over the age of 18. By accessing or using the Website, you are acknowledging that you are over 18 years of age, and that you have read, understand, and agree without limitation or qualification to be bound by these Terms. If you do not agree with these Terms or are not over the age of 18, you do not have the right to access or
otherwise use the Website and, accordingly, you should not do so. “iheartloan Inc.” reserves the right to modify these Terms from time to time without notice.
By accessing or using the Services, you acknowledge that you are considering iheartloan Inc. as your Loan OƯicer. You acknowledge and agree that you are entering into a lawful consumer relationship with iheartloan Inc.. You have no obligation to work with iheartloan Inc., and you may terminate your use of the Services provided by iheartloan Inc. at any time. You represent that you have a bona-fide interest in the purchase, sale, or refinance of real estate through iheartloan Inc.. Any information you obtain from the Services is intended for your personal, non-commercial use. You agree to not copy, redistribute, or retransmit any data or information provided through the iheartloan Inc. except in connection with your consideration of the purchase, sale, or refinance of real property. You acknowledge that the individual multiple listing service (MLS) which supplies the listing data owns the rights to such data, and you acknowledge the validity of the MLS’s copyright of such data.
The Services oƯered by us are based in the United States. We may change, suspend, or discontinue all or any part of the Services, or deny you access to all or any part of the Services, without notice and without reason. By accessing the Services, you agree that you will not:
Eligibility
You must be at least 18 years of age to use the Services. By agreeing to these Terms, you represent and warrant that:
Accounts and Passwords
To access some features of the Services, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as an email address or other contact information. You agree that the information you provide is accurate and that you will keep it accurate and up to date at all times. You are responsible for maintaining the confidentiality of your usernames and passwords associated with your account and the Services. You must notify us immediately of any unauthorized use of your account. You may be liable for losses or damages incurred by us or any other user of the Services due to someone else using your username, ID, password, or other information which provides access to the Services. We are not liable for any loss or damage you may incur as a result of your failure to comply with these requirements.
By registering as a user on the Services, you expressly authorize iheartloan Inc. to access certain third-party websites and accounts on your behalf, to retrieve personal information and other information about you for any legitimate business purpose, subject to applicable law and our Privacy Policy. You agree that we may collect and use technical and usage data and related information about your computer or mobile device, date and time of Services access, system and software, and peripherals to facilitate the provision of product support and other services to you. You grant permission to us to use this information to improve products, to provide services or technologies to you, and to provide advertising content, including working with third parties who provide targeted advertising content. Features of the Services may request access to information contained or generated in your computer or mobile device, including location services. If you deny access to these functions, the Services may not work as designed. For more information on how we collect, use, transfer, store and share your online data and personal information, and how you can manage your online privacy choices, please see our Privacy Policy
Security
You are prohibited from violating or attempting to violate the security of the Services, including, without limitation:
Violations of system or network security may result in civil or criminal liability. iheartloan Inc. will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Software
You are granted a non-exclusive, non-sublicensable, non-transferable, personal, limited license to use the software and related functionality embedded in the Services (collectively, “Software”). Certain Software that iheartloan Inc. uses to provide the Services has been licensed from third parties (each, a “Third Party Licensor”) that are not aƯiliated with iheartloan Inc.. Your limited right to use the Software is revocable in the discretion of iheartloan Inc. and its Third-Party Licensors. You agree to download and install all Software updates for the Services promptly once they are available to you. iheartloan Inc. and its Third-Party Licensors have no obligation to correct any bugs, defects or errors in the Services or Software, or to otherwise support, maintain, improve, modify, upgrade, update, or enhance the Services or Software.
Information Subject to Change
Although iheartloan Inc. has tried to provide accurate and timely information, the content of the Services may not be accurate, complete and/or current and may include typographical errors or technical inaccuracies. The information and materials contained in the Services are subject to change at any time without notice. iheartloan Inc. may change the products, services and other information identified on the Services at any time. Applicable terms, conditions, and eligibility requirements are subject to change and not all Services are available in all geographic areas. The information published on the Services is provided as a convenience to our visitors and is for informational purposes only. You should verify all information before relying on it and any decisions which you may make based upon the information contained on the Services shall be at your sole risk and responsibility. Your eligibility for particular Services is subject to final approval, determination, and acceptance by iheartloan Inc. in its sole and absolute discretion, notwithstanding your visit to and/or use of the Services.
Links
The Services may contain links and may enable you to post content to third party websites that are not owned or controlled by iheartloan Inc.. We are not aƯiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party websites. You: (i) are solely responsible and liable for your use of and linking to third party websites and any content that you may send or post to a third-party website, and (ii) expressly release iheartloan Inc. from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third-party website that you may choose to visit, link to, or post content on. Any advice, opinions, or recommendations provided by third party websites are those of the third-party website providers and not of iheartloan Inc.. Your participation in any linked third-party website, including payment for and the delivery of goods or services, is based solely on the agreement, if any, between you and the third-party website provider.
Telecommunications Providers
You agree that when you use the Services, you will remain subject to the terms and conditions of all of your existing agreements with us, our aƯiliates and/or any unaƯiliated service providers and your internet service provider and mobile service carrier or provider, and that these Terms do not amend or supersede any of those agreements. You understand that those agreements may provide for
fees, limitations and restrictions which might impact your use of the Services (for example, your mobile service carrier or provider may impose data usage or text message charges for your use of or interaction with the iheartloan Inc. Apps), and you agree to be solely responsible for all such fees, limitations, and restrictions. You agree that only your mobile service carrier or internet service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your carrier or provider directly with your carrier or provider without involving us.
Intellectual Property
iheartloan Inc. and the other trademarks, logos, and service marks displayed on the Services are our trademarks or those of our aƯiliates and/or other respective third-party owners. Under no circumstances may you alter, modify, or change these trademarks. You are prohibited from using these trademarks for any purpose without written permission. All rights, title, and interest in the Services and any content contained herein are the exclusive property of iheartloan Inc., except as otherwise stated.
The information contained on the Services, including but not limited to text, graphics, and images (other than certain images licensed from third parties) and their arrangement, are copyright © 2021 by iheartloan Inc.. and/or its aƯiliates and subsidiaries. All rights reserved.
You are authorized to view the information available on the Services for your informational purposes only. If you download any information from the Services for your personal reference, you shall not obscure any copyright, trademark, or other notices, and you acknowledge and agree that you do not acquire any ownership rights by downloading copyrighted material. You may not copy, republish, redistribute, transmit, participate in the transmission of, create derivatives of, alter, edit, or exploit in any manner any material including by storage on retrieval systems, without the express written permission of iheartloan Inc.. Deliberate misuse of the Services is expressly prohibited, and
iheartloan Inc. reserves the right to terminate your access to the Services at any time for any reason and to advise the legal authorities of any misuse of the Services, including, without limitation, hacking and the introduction of viruses or other malware.
Digital Millennium Copyright Act - Notice of Claims of Copyright Infringement & Related Issues (17 USC § 512 et seq.)
We respect the intellectual property rights of others. Anyone who believes their work has been reproduced in a way that constitutes copyright infringement may notify our agent by providing the following information:
A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation
Upon obtaining such knowledge we will act expeditiously to remove, or disable access to, the material. Please be aware that there are substantial penalties for false claims.
If a notice of copyright infringement has been wrongly filed against you, you may submit a counter notification to our agent. A valid counter notification is a written communication that incorporates the following elements:
Communications
By your use of the Services, you also expressly consent to receiving servicing, collection, marketing and other calls and messages (including auto-dialed and pre-recorded message calls), SMS messages (including text messages), faxes, letters, and emails from us, our aƯiliates, marketing partners, agents, and others communicating at their request or on their behalf, via any telephone numbers (including any cellular telephone numbers), mailing addresses, or email addresses, or by using any other information that you have provided or may provide in the future. The information (Phone Numbers) obtained as part of the SMS consent process will not be shared with third parties for marketing purposes. Your cellular or mobile telephone provider may charge you according to the type of plan you carry. Your consent will be eƯective regardless of any registration with any state or federal Do Not Call list or other comparable list or registry. Your consent for auto-dialed and prerecorded calls shall remain in eƯect until you revoke it. Your consent to these calls may be revoked by informing the telemarketing representative or by any other reasonable method that ensures we receive the revocation. Your consent to telemarketing calls is not a condition of obtaining the Services.
SMS Consent Communication
The information (Phone Numbers) obtained as part of the SMS consent process will not be shared with third parties for marketing purposes.
Types of SMS Communications
If you have consented to receive text messages from iheartloan Inc., you may receive messages related to the following.
Message frequency may vary depending on the type of communication. For example, you may receive up to ten (10) SMS messages per week related to your mortgage loan inquiry. This frequency is subject to change depending on the nature of the inquiry and volume of questions you may have, or pertinent loan application updates required.
Potential Fees for SMS Messaging
Please note that standard message and data rates may apply, depending on your carrier’s pricing plan. These fees may vary if the message is sent domestically or internationally.
Opt-Out Method
You can opt out of receiving SMS messages at any time. To do so, simply reply “STOP” to any SMS message you receive. Alternatively, you can contact us directly to request removal from our messaging list.
Help
If you are experiencing any issues, you can reply with the keyword HELP. Or, you can get help directly from us at https://www.iheartloan.com
Additional Options
If you do not wish to receive SMS messages, you can choose not to check the SMS consent box on our forms.
By submitting any comment, complaint, suggestion, improvement, idea, testimonial or other communication (each, a “Submission”) to iheartloan Inc. through the Services or any other method, you acknowledge and agree that any and all Submissions, and all rights therein, become the sole and exclusive property of iheartloan Inc. including any future rights, regardless of any subsequent modification or deletion of the provisions in the Terms. You acknowledge and agree that you irrevocably disclaim any right in the Submission and that the right to use, publish, display, commercially exploit, and create derivative ideas based on the Submission belong exclusively to iheartloan Inc. with no compensation, notice, credit, or other obligation being due or owed to you or anyone else.
You also consent to the recording and monitoring, for quality assurance, training, risk management, collection or other purposes, of any calls or other communications that you place with or send to us (or our agents, representatives, aƯiliates, third parties or anyone contacting on our behalf) or that we (or our agents, representatives, aƯiliates, third parties or anyone contacting on our behalf) place to or send to you.
Please note that messages you send iheartloan Inc. by email may not be secure. iheartloan Inc. recommends that you do not send any confidential information to iheartloan Inc. by email. If you choose to send confidential information to iheartloan Inc. via email, you accept all risk that such information may be intercepted by a third party.
