Privacy Statement

Introduction

American Financial Resources, LLC DBA eLEND has been committed to your financial well-being and protecting the privacy and security of the information you share with us since our inception in 1997.

This Privacy Disclosure Statement applies to your interaction with American Financial Resources, LLC DBA eLEND or any of its brands. Including any online or mobile site or application that we own and/or control (“Site”), unless a different online and/or mobile policy is posted at a particular site, or is made available to you and by its terms supplants this Policy.

Agreement To Policy

By using a Site or interacting with an eLEND advertisement or page or account on a third- party site, you consent to this Policy, including your consent to our use and disclosure of information about you in the manner described in this Policy.

Gathering, Using, and Sharing Information

Types of Information

You may interact with us in a variety of ways online, including through a mobile device. We may offer sites or applications that permit browsing and do not require registration. We may also offer the ability to enroll, register or access your accounts online. Information that we may collect about you through online interaction includes information that you input, such as your name, address, email address, other contact information; data resulting from your activity, such as transaction information; and location information. We may also gather additional information, such as the type of device and browser you are using, the IP address of your device, information about your device’s operating system, and additional information associated with your device. We may also gather information collected through cookies, tags, and other technologies, as described further below.

The types of personal information we collect and share depend on the product or service you have with us. This information may include:

• Social Security number and employment information including tax returns, w-2s, paystubs and related documents
• Account balances and transaction history
• Credit history and investment experience
• Social Security Number
• Current and previous home ownership experience, including physical and mailing addresses
• Letters of explanation regarding credit or employment events
• Date of birth / age
• Other information required by our investors or insurers (such as HUD)

Social Security numbers are classified as “Confidential” information under the eLEND Information Security Policy. As such, Social Security numbers may only be accessed by and disclosed to eLEND employees and others with a legitimate business “need to know” in accordance with applicable laws and regulations. Social Security numbers, whether in paper or electronic form, are subject to physical, electronic, and procedural safeguards, and must be stored, transmitted, and disposed of in accordance with the provisions of the Information Security Policy applicable to Confidential information. These restrictions apply to all Social Security numbers collected or retained by eLEND in connection with customer, employee, or other relationships.

About “cookies” and Ad Choices on Third Party Sites

Cookies are pieces of data stored on your device. Browser cookies are assigned by a web server to the browser on your device. When you return to a site you have visited before, your browser gives this data back to the server. Mobile applications may also use cookies.

We use cookies and information gathered through their use to make your experience with AFR and certain other sites richer and more personalized based on the products, services, or other interaction you have with us and other sites. Information gathered through use of cookies may be used to make offers to you via online ads, email, U.S. mail, or telephone, subject to the privacy preferences you have on file with AFR. We also use cookies, sometimes in conjunction with service providers, in online advertising either on our own Site or on third party sites to help determine which of our advertisements are most likely to appeal to you. Industry standards are currently evolving and we may not respond to or take any action with respect to a “do not track” configuration set in your internet browser or offered via a third party provider.

Other parties that may collect information about your web browsing behavior when you use our Site are generally limited to service providers who may only use any information collected to provide services and marketing for us and not to provide services or advertising for any other party. Note, however, that we also provide certain widgets or tools on our sites, such as tools that allow web surfers to easily share information on another platform, such as a social media platform. At other times, information from a third party may be embedded on our site, such as a map or information streaming from another site, including communications streaming from a third party social media platform. These widgets, tools, and informational items often function through the use of third party cookies utilized by the third party site, such as the social media platform. As a result, these third parties may have access to information about your web browsing on the pages of our Site where these widgets, tools, or information are placed. You may wish to review information at third party sites, such as social media platforms where you have an account, to determine how these third parties treat data that they obtain through the use of cookies.

We also use cookies for purposes such as maintaining continuity during an online session; gathering data about the use of our site; monitoring online promotions; and anti-fraud and information security purposes.

Do you have to accept cookies?

You may be able to set your browser to reject browser cookies. However, if you choose to reject cookies, you may not have access to your accounts. Therefore, if you set your browser options to disallow cookies, you may limit the functionality we can provide when you visit our Site. The latest versions of internet browsers provide cookie management tools, such as the ability to delete or reject cookies. We recommend that you refer to information supplied by browser providers for more specific information, including how to use these tools.

Additional Cookies

Cookies is a term also used to describe other locally stored objects, such as cookies stored in an Adobe folder on your device. These cookies will not be deleted when you clear cookies from your browser. We may use this technology for purposes such as information security and fraud prevention. We do not use this technology for online behavioral advertising purposes. Please refer to information provided by Adobe for information on how to disable and control Flash objects. If you choose those options, you may limit the functionality we can provide when you visit our Site.

Additional Technologies

We may also use additional technologies such as pixel tags, web beacons, and clear GIFs, and may permit our third-party service providers to use these technologies. We use these technologies for purposes such as measuring the effectiveness of our advertisements or other communications, determining viewing and response rates, and determining which offers to present to you on our own or on third party sites.

Using Information

In addition to the uses described above, we use information for purposes as allowed by law such as: servicing; communicating with you; improving our Site, products, or services; legal compliance; risk control; information security; anti-fraud purposes; marketing or personalizing the presentation of our products and services to you; tracking website usage, such as number of hits, pages visited, and the length of user sessions in order to evaluate the usefulness of our sites; and using read-receipt notifications in our email communications.

Sharing

We may share information with service providers with whom we work, such as data processors and companies that help us market products and services to you. When permitted, or required by law, we may share information with additional third parties for purposes including response to legal process.

When you submit a loan application to us, we may ask for information that may include where you work, what you do, your income, assets, debts and obligations, your financial goals and other similar information. We use this information when evaluating your eligibility for a loan. This evaluation also requires us to obtain information about you from others such as consumer reporting agencies (also known as credit bureaus), the IRS, licensed title search companies, and your hazard and/or flood insurance company.

In addition, American Financial Resources, LLC DBA eLEND may provide third party firms with information furnished by you, such as names, addresses, mobile phone number, and the financial information you have provided to us or that we have obtained from others about you. Any use of this information will be restricted to advancing your request for a loan, locating a home, or the marketing of other financial products American Financial Resources, LLC DBA eLEND may offer. We will never sell information about you to any other organization.

We may also provide certain information to others when legally required to do so (for instance, in response to a subpoena), to prevent fraud, or to comply with a request by a government agency or regulator.

Mobile Numbers and Text Notifications

American Financial Resources offers text notifications as an opt-in option for event notifications in our Loan Center and My Loan Center web applications.  Additionally, eLEND offers text messaging as one of 3 delivery options for Multi Factor Authentication (MFA) messages securing access to our sites.

Messages are delivered only upon request during login for Multi-Factor Authentication, and only when events that require user interaction are raised in our Loan Center and My Loan Center web applications if delivery via text message was explicitly opted into.

Children’s Privacy

From our web pages, we do not knowingly collect personal information from individuals under the age of 13 without obtaining verifiable consent from their parents.

For more information about the Children’s Online Privacy Protection Act (COPPA), visit the FTC website.

Do Not Track Policy

We do not currently change how our website operates when receiving a Do Not Track request from a visitor’s web browser. We only collect personally identifiable information when you proactively provide it to us, such as when submitting a rate quote request, but it will remain possible to submit information when utilizing the Do Not Track option.

For more information, or if you have any questions or concerns, please contact us via email at compliance@elend.com or by mail at:

eLEND
8 Campus Drive Suite 401
Parsippany, NJ 07054

California Residents

This section supplements the information in our privacy notice and applies solely to California residents (“California Consumer” or “you”). A business that collects a California consumer’s personal information must inform consumers as to the categories of personal information to be collected and the purposes for which the categories of personal information shall be used. Any terms defined in the California Consumer Privacy Act of 2018 (“CCPA”), Cal. Civ Code § 1798.100 et. seq., have the same meaning when used in this notice.

Please Note: Any personal data collected in relation to a mortgage loan is exempt from the consumer rights to know, delete and opt-out created under CCPA because this information is governed by the Gramm-Leach-Bliley Act, the Fair Credit Reporting Act, the California Financial Information Privacy Act or other state and federal laws which exempt this data from CCPA.

For residents of California, in connection with marketing and sales activities eLEND may request and consumers may provide Personal Information. In addition, eLEND may use other sources to obtain information related to our marketing activities, such as your IP address or email address. eLEND does not sell the information it gathers from you or about you. eLEND does not currently take actions and/or respond to “Do Not Track” signals which you may have enabled in your browser settings. Third parties that have content or services on our site such as a social feature, analytics service, or an advertising network partner, may obtain information about your browsing or usage habits and this information may include personal information.

Individuals Under 16 Years of Age: We do not knowingly collect or share personal information from children under 16 without parental consent.

Information We Collect

eLEND collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“Personal Information”). As described above, not all of the Personal Information collected below is subject to CCPA. All Personal Information collected pursuant to this notice that is subject to CCPA is collected for a Business Purpose and may be shared with service providers if necessary to perform a Business Purpose. We may have collected the following categories of personal information from consumers within the last 12 months:

Business Purpose for Collected Information

Mortgage loan origination and related services which may include, but are not limited to real estate services, insurance, escrow and other closing services, notary, appraisal, other consumer credit services, home warranty, and other services related to home purchase, home ownership, or related consumer transactions.

Categories Of Third Parties With Whom The Business Shares This Information

While we do not sell your data, we may share that data with our joint marketing partners which may include credit card companies, financial services providers, realtors, builders and other residential real estate companies. This sharing is done pursuant to federal law and is exempt from the California state requirements under CCPA.

Rights Under CCPA

• Right to Know About Personal Information Collected, Disclosed, or Sold. California consumers have the right to request that a business disclose what personal information it collects, uses, discloses, and sells.
• Right to Request Deletion of Personal Information. Under CCPA, you may have the right to request the deletion of your personal information collected or maintained by the Company.
• Right to Opt-Out of the Sale of Personal Information. Under CCPA, you may have the right to opt-out of the sale of their personal information by a business. Note that as defined in CCPA, the Company does not, and will not, sell your personal information.
• Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights. Under CCPA, you have the right not to receive discriminatory treatment by the Company for the exercise of the privacy rights conferred by the CCPA.

Instructions for Submitting a Verifiable Consumer Request to Know, Delete, or Opt-Out

For a request to be acknowledged, you may call our toll-free number at (844) 331-6797 or send us an email at compliance@elend.com. After submitting a request, we will verify your identity by matching the identifying information provided by you to the personal information already maintained by us, or, in cases where your request requires a higher degree of certainty, we may use a third-party identity verification service or ask for a photo ID or for more information. Any information you provide us that is not already in our system will be deleted after your request has been fulfilled.

Authorized Agents

You may use an authorized agent to submit a request to know or a request to delete. If you use an authorized agent to submit a request to know or a request to delete, you must provide the Company with written permission from you giving the authorized agent permission to submit the request on your behalf, and you may be required to verify the authorized agent’s identity with the Company. The Company may deny a request from an agent that does not submit proof that they have been authorized by the consumer to act on their behalf.

Policy Updates and Effective Date

If we make updates to this Policy, we will update the Policy with the changes and revise the “date of most recent update” posted at the top of this Policy. Any updates to the Policy become effective when we post the updates on the Site. Your use of the Site following the update to the Policy means that you accept the updated Policy.

Introduction

Your use of this website and your transactions conducted with the company in connection with this website are subject to the following terms and conditions, also referred to as “terms of use”. Clicking onto web pages beyond the website’s homepage constitutes your acceptance of and agreement with the terms of use whether or not you complete a transaction with the company and whether or not you complete your transaction on the website or through other channels, such as by phone, by email, facsimile or otherwise. If you do not agree to the terms of use, you may not use this website.

Website Ownership

This website is owned and operated by American Financial Resources LLC DBA eLEND, 8 Campus Drive Suite 401, Parsippany, NJ 07054, which is referred to below as “eLEND” or “we” or “us” or “Company” or “our.”

Permitted Use

You agree that:

1. Your use of this website is subject to and governed by these Terms of Use
2. You will only access or use this website and transact business with us if you are at least 18 years old
3. You will comply with and be bound by these Terms of Use as they appear on this website each time you access and use this website
4. Each use of this website by you indicates and confirms your assent to and agreement to be bound by these Terms of Use
5. These Terms of Use are a legally binding agreement between you and eLEND that will be enforceable against you

You agree that you will not use or attempt to use this website for any purpose other than conducting mortgage banking related business with eLEND as a bona fide client of eLEND; you may not use or attempt to use this website or any part of this site for any purpose:

1. That interferes with or induces a breach of the contractual relationships between eLEND and its employees
2. That is any way unlawful or prohibited, or that is harmful or destructive to anyone or their property
3. That transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited email, unsolicited commercial communications
4. That transmits any harmful or disabling computer codes or viruses
5. That harvests email addresses from this site
6. That transmits unsolicited email to this site or to anyone whose email address included the domain name under on this website
7. That interferes with our network services
8. That attempts to gain unauthorized access to our network services
9. That suggests an express or implied affiliation with eLEND or broker relationship with eLEND (without the express written permission of eLEND)
10. That impairs or limits our ability to operate this website or any other person’s ability to access and use this website
11. That uses any methods, means or devices to click on to this website or cause a visit to this website for the purpose of manipulating the results of any Internet search engine, or for any other purpose other than conducting mortgage banking related business with eLEND as a bona fide client of eLEND
12. That unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity
13. That harms minors in any way, including, but not limited to, transmitting or uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct
14. That transmits or uploads pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images
15. That harms, threatens, harasses, abuses or intimidates another person in any way or involves images or content that depicts, promotes, encourages, indicates, advocates or tends to incite the commission of a crime or other unlawful activities
16. That dilutes or depreciates the name and reputation of eLEND or any of its affiliates
17. That transmits or uploads any content or images that infringes any third party’s intellectual property rights or infringes any third party’s right of privacy
18. That unlawfully transmits or uploads any confidential, proprietary or trade secret information

Access to this Website

eLEND reserves the right at all times, in its sole discretion and without notice to you, to deny your access to and use of this website.

Use of this Website

You agree and acknowledge that you have the sole responsibility and liability for your use of this website and for providing or obtaining, and for maintaining, all of the hardware, software, electrical power, telecommunications, internet services, and other products or services necessary or desirable for you to access and use this website.

Intellectual Property Rights

Copyright and Trademarks

All contents of this system are owned by and/or licensed by eLEND and its affiliates and are protected by copyright, trademark and other laws and regulations of the United States and its several states. All rights therein are expressly reserved and except as expressly permitted, no reproduction, distribution, or transmission of any materials from the system is permitted. All trademarks, logos and service marks are the property of eLEND and no license thereto is granted hereunder unless expressly stated.

All other marks used on this website are the property of their respective owners.

Web Page Content

You acknowledge and agree that:

• All content, web pages, source code, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, “look and feel”, and the operation of this website (collectively “Web Page Content”) are protected by various intellectual property laws, including, but not limited to, copyrights, patents, trade secrets, trademarks, and service marks
• All rights associated with the Web Page Content are owned by eLEND, its licensors, or content providers.

Furthermore, you acknowledge and agree that you do not acquire any ownership rights by downloading or viewing any Web Page Content. You further acknowledge and agree that you will not in any way copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, transmit, modify, adapt, reverse engineer, frame in any Web page, or alter the appearance of any Web Page Content.

You may not use Web Page Content, domain names (in whole or in part), or email addresses related to or derived from this website, nor any data, trademarks, functionality, service marks, trade names, brand names and/or logos contained within or derived from this website, for any purpose; meaning that you may not, among other prohibited uses, use any Web Page Content, domain names, email addresses, data, trademarks, service marks, trade names, brand names and/or logos on or derived from this website:

• In or as any meta-tag or hidden text
• In or as part of any contextual marketing directory, index, or triggering term
• As content or advertising related to any other website including, but not limited to, comparative/informational websites
• As a variable or data element in any algorithm that causes another Internet browser to appear on, over, or at the same time as the Company’s website or controls the content of any other Internet browser window

Submissions

You acknowledge and agree that all submissions to eLEND containing any comments, improvements, suggestions, and ideas regarding this website will become and remain our exclusive property, including any future rights associated with such submissions, even if the provisions of these Terms of Use are later modified or terminated. This means that you forever disclaim any proprietary rights in such submissions, and you acknowledge eLEND’s unrestricted right to use, publish, and commercially exploit, identical, similar, or derivative ideas originating from your submission, in any medium, now and in the future, without notice, compensation or other obligation to you or any other person.

Testimonials

You acknowledge and agree that all testimonials submitted to eLEND will become and remain our exclusive property, even if the provisions of these Terms of Use are later modified or terminated. This means that you irrevocably grant to eLEND the unrestricted right (now and in the future, without notice, compensation or other obligation to you or any other person) to use your statement, image, likeness, as they may be used, in any medium, in connection with an advertisement or for any other publicity purpose. You further agree that eLEND may use any percentage of your testimonial, image, likeness and/or works, in any way that it sees fit, and may exclude your name or use a fictions name herewith.

Linking

Not Responsible For Links to Other Websites

For your convenience, this website may provide links to other websites on the World Wide Web. Unless expressly stated otherwise on this website, eLEND does not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, services, calculations, information, products or materials available at or through any websites to which this website may provide a link. By using this website you acknowledge and agree that eLEND will not be responsible or liable to you or any other person for any damages or claims that might result from your use of such content, services, calculation, information, products or materials.

No Advertising / No Links

eLEND does not permit third-party advertising on this website. Except with the written permission of eLEND, you agree that you will not create links from any website or Web page to this website or any Web page within this website.

Revisions and Modifications

You agree and acknowledge that we may revise or change these Terms of Use at any time, without notice to you, and you agree that you will be bound by the provisions of these Terms of Use as they appear on this website at the time you access this website. Because these Terms of Use may change, we encourage you to refer back often to these Terms of Use. In addition, you agree and acknowledge that all other content, services, products and materials on or available through this website are subject to updating and revision without notice to you. You further acknowledge and agree that individual modifications to the Terms of Use may not be altered by contract.

Location

You understand and acknowledge that eLEND controls and operates this website from within the United States of America. This website provides information regarding services and products that are made available in the United States only. We make no representation that the services or products about which information may be provided on this website will be available (a) anywhere outside of the United States or (b) in every state within the United States. You acknowledge and agree that you are responsible for compliance with all federal, state and local laws applicable to your access to and use of this website.

User IDs and Passwords

Certain areas or features of this website may be restricted to users who have obtained a user identification and password by completing a registration process described on this website. Please be sure to protect and maintain the confidentiality of any user identification, password or other identifying information you may obtain in connection with your use of this website. You agree to notify eLEND immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this website by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this website that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.

Privacy and Security

For information on how eLEND uses and protects the personal information that you may provide through this website, please visit our Privacy Statement page.

Indemnification

If you make any unauthorized use of this website or violate the Terms of Use: (a) you may be in violation of copyright and other laws of the United States, as well as applicable state laws, and may be subject to penalties, and (b) you may be responsible for damages caused to the Company. You agree to indemnify eLEND and its affiliates, vendors and licensors, and all of the employees, officers, directors, agents and representatives of eLEND and its affiliates, vendors and licensors, against, and to hold all of them harmless from, all costs, claims, damages, expenses or other losses, including attorney’s fees and court costs, that arise from or are related to your use of this website and/or your breach/violation of or failure to comply with the Terms of Use.

Potential Disruption of Service

Access to our websites may from time to time be unavailable, delayed, limited or slowed due to, among other things:

• Hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment
• Software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content
• Overload of system capacities
• Damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters
• Interruption (whether partial or total) of power supplies or other utility of service
• Strike or other stoppage (whether partial or total) of labor
• Governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention
• Any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond our control

As-Is Usage / Consult With an Attorney

AFR and its affiliates provide these systems and all information, documents and disclosures derived therefrom on an “as-is” basis without any warranty of any kind, express, implied or statutory or fitness for a particular purpose, or otherwise to be error free. You completely assume the risk of use and determination of applicability and fitness for your purpose. None of these systems should be construed as a substitute for consultation with professional legal or other competent advisors, and we cannot guarantee accuracy or applicability to your own regulatory circumstances for which you assume all risk. When you access or use this system, you are agreeing to be bound by this Agreement, including any liability disclaimers contained herein or elsewhere in this Agreement. If you do not agree to these terms, do not move forward using this system. By using this system, you agree that you will not use any materials or information for any purpose that is unlawful or prohibited by this Agreement, including, but not limited to, the use of this Web Site from locations outside of the United States of America or if you are under 18 years of age. Your permission to use the Web Site is automatically terminated if you violate any of the terms contained in this Agreement.

Disclaimers

The web page content on or available through this website is provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, eLEND disclaims all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. eLEND makes no representation or warranty regarding the web page content or its use thereof. The web page content on or available through this website could include inaccuracies or typographical errors and could become inaccurate because of developments occurring after their respective dates of preparation or publication. eLEND has no obligation to maintain the currency or accuracy of any web page content on or available through this website.

You acknowledge and agree that eLEND is not, and shall not be, responsible for the results of any defects that may exist in this website or its operation. As to the operation of this website, eLEND expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose. eLEND makes no representation or warranty that (a) the operation of this website will meet your or any other user’s requirements; (b) access to the website will be uninterrupted, timely, secure, or free of errors, viruses or other harmful components; or (c) any defects in this website will be corrected. You agree that you, and not eLEND, will bear the entire cost of all servicing, repair, correction or restoration that may be necessary for your data, software programs or computer equipment because of any viruses, errors or other problems you may have as a result of using or visiting this website.

Limitation of Liability

You agree that under no circumstances will eLEND be liable to you or any other person or entity for any damages or injury, including any direct, special, incidental, consequential or punitive damages or any damages or injury caused by error, inaccuracy, omission, interruption, defect, failure of performance, delay in operation or transmission, telecommunications failure or computer virus or other problem, that may result from the use of, or the inability to use, this website or the web page content on or available through this website, whether in an action alleging breach of contract, negligence or any other cause of action, or arising out of or in connection with the use or performance of any web page content on or available through this website. You agree that eLEND shall not be liable even if we or our authorized representatives have been advised of the possibility of such damages.

Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall eLEND’s total liability to you for damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, in accessing or using this website of web page content thereon.

Communications with Company

Email

For information regarding our email policy, please visit our Privacy Statement page.

Time Sensitive Instructions

When communicating with us through this website, chat or via email, do not use the website, chat or email to communicate any time-sensitive instructions that are in any way related to or affect your loan, loan application or closing (such as interest rates locks, cancellation of a closing, rescissions, or the like). Such instructions may not be honored. All transactions conducted on this website, chat or via email, must be confirmed in writing by us to be accepted by and binding upon us.

Loan Approvals

All loan approvals, pre-qualifications, preapprovals, rate locks, deposit and refund agreements, and the like, are only made by eLEND in writing. Approvals, pre-qualifications and preapprovals are conditional in accordance with their terms except as be specifically provided for in writing signed by eLEND.

E-Signature

General communications through this website, chat or via email are not intended by us to constitute either an electronic record or an electronic signature, or to constitute any agreement by the sender to conduct a transaction by electronic means, unless a specific statement to the contrary is included in the message and specific e-signature procedures are employed. However, your assent to a “click to accept” button or box is binding upon you.

Recording & Monitoring of Communications

Your communications with us via the website, chat or email, and telephone may be recorded or monitored and by using such communications methods you are consenting to the recording or monitoring of the same.

Contact Methods and Opt-out

Agreement to Calls and Information Sharing

If you submit to eLEND through this website or otherwise you are making an inquiry as to lending programs and services offered by eLEND. You understand and agree that if you submit an inquiry, we may share the information that you provide, including, but not limited to, your full name, birth date, address, telephone number, and social security number with our affiliates so that they may respond to your inquiry. You authorize eLEND to share your information, either as provided by you or as corrected by us. You acknowledge that eLEND is not a party to any agreement that you may make with an affiliate, and that the affiliate is solely responsible for its services to you. You understand that requirements for a particular product or service, including a mortgage, are determined by the affiliates and that eLEND does not endorse, warrant, or guarantee the products or services of any of its affiliates. Nothing in these Terms of Use or on this website constitutes an offer for a loan commitment or interest rate lock agreement. You agree that eLEND shall not be liable for any damages or costs which arise from your use of the affiliates’ goods or services.

By submitting your contact request for a loan product, you are consenting to be contacted by one or more Affiliates, and by our mortgage partners by telephone, automated calling, pre-recorded calling, text message, email, fax, telephone or any means, even if you have opted in to the National Do Not Call List, any state equivalent Do Not Call List or the internal Do Not Call List of any company. You understand that the Affiliates and Partners may maintain the information you submitted to us even if you decide not to use their services. In the event you no longer want to receive communications from an Affiliate or Partner, you agree to notify the Affiliate or Partner directly.

Application of Additional Terms

You acknowledge that certain features of this website, as well other products and services of eLEND, including those that may be available through this website, may be subject to terms, conditions and disclaimers in addition to these Terms of Use, and you agree that your use of such products and services will be subject to such additional terms, conditions and disclaimers.

Agreement to Provide Accurate Information

In making a loan inquiry, application or in entering into any other transaction or request for information on this website, you agree to provide accurate, true, current, and complete information upon which eLEND may rely.

Your Cooperation Needed

eLEND generally begins processing your application (which may include ordering an appraisal, credit report, title commitment and other necessary items) upon the submission of a full and complete application. If you submit an application, you agree to cooperate in the application process (including submitting all required documentation in a timely manner) and if needed, to obtain information eLEND may need from third parties such as your bank, employer, current mortgage company, etc. In addition, you agree to notify eLEND of any changes in any information submitted in connection with your application.

Reasonable Efforts

While eLEND will use all of its reasonable efforts to have your application fully processed and closed on or before any applicable rate lock expiration date (if any) and/or anticipated closing date, some process are not under our control. For instance, eLEND cannot be responsible for delays in loan approval or closing due to the untimely receipt of an acceptable appraisal; the untimely receipt of required documentation; your existing home not selling; matters disclosed by a title commitment or survey; any other matters beyond AFR’s reasonable control.

Governing Law – Dispute Resolution – Arbitration

You agree that these Terms of Use, Your use of this website and any and all transactions between You and eLEND, and all existing or future controversy or claim between the parties arising out of or related to the use of this website or any transaction between the parties, whether based in contract, law or equity or alleging any other legal theory, or arising prior to, in connection with, or after the termination of your use of this website or any transaction between the parties (a “Claim”), shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any principles of conflicts of law. You and eLEND agree that any and all Claims, shall be resolved exclusively by binding arbitration in accordance with the rules and procedures of American Arbitration Association and its Commercial Arbitration Rules. Provided however, neither party may initiate arbitration for any Claim until the party desiring to bring such Claim has first provided written notice to the other party indicating the nature of the Claim and provided a reasonable opportunity after such notice to cure the Claim. The parties understand and acknowledge that the rules governing arbitration are different than those in court. Arbitration does not involve a judge or jury and review is limited, but an arbitrator can award the same damages as a court. The parties understand and agree that they are relinquishing their right to a trial in court, either with or without a jury. The parties shall agree on a single arbitrator and in the absence of an agreement, shall each select an arbitrator who shall then select a single third arbitrator to hear and rule on the Claim(s). The decision of the arbitrator shall be final and may be entered into any judgment in any court of competent jurisdiction. The parties shall share equally the cost of the arbitration and each party shall bear his own legal fees. Provided however, the arbitrator may, at their discretion, award a prevailing party a recovery of their reasonable legal fee. You further agree that any such arbitration shall be held in Morris County, New Jersey, and you hereby consent and submit to the personal jurisdiction of such venue for the purposes of arbitrating any such action.

Severability

You agree that if any provision of these Terms of Use shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of such other provisions.

Disclosures and Licenses

For disclosures and licensing information please visit our Legal & Licensing page.

Copyright Infringement

eLEND is committed to protecting copyrights and expects you to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on the eLEND website infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe that any material on our websites infringes a copyright, or any valid intellectual property right, please provide the following information to eLEND’s DMCA Agent.

1. A physical or electronic signature that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on our websites are intended to be covered by a single notification, a complete list of such works and details or descriptions as to their locations within the website.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. 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 the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please provide this information to the eLEND DMCA Agent, who can be reached as follows:

By Mail:

eLEND
Attn: Compliance
8 Campus Drive Suite 401
Parsippany, NJ 07054

By Email:

compliance@elend.com

Your California Privacy Rights

California Civil Code § 1798.83 permits our visitors who are California residents to request certain information regarding their disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to compliance@elend.com or write us:

eLEND
Attn: Compliance
8 Campus Drive Suite 401
Parsippany, NJ 07054

Equal Opportunity Employer

The Company is an equal opportunity employer. Any complaints or concerns about the Company’s employment practices may be directed to the Head of People at (973)983-5626.