Terms of Use Agreement

Last Updated: April 02, 2024

Terms of Use Agreement

You are visiting a website owned by LendingTree, LLC. This Terms of Use Agreement (“Agreement”) applies to all websites owned or operated by LendingTree, LLC, and its affiliates and subsidiaries (“Websites” or each individually “Website”) on which this Agreement or a link thereto is displayed. This Agreement also applies to your use of any goods, facilities, or services offered through the Websites (collectively “Services”), regardless of where or how they are accessed, including but not limited to via a desktop computer or mobile device. It is important that you read the entire Agreement carefully as some provisions affect your legal rights. The Agreement includes an agreement to resolve any disputes between you and us through binding arbitration, a class action waiver, as well as other important disclaimers, warranties, and limitations on liability.

By accessing, browsing, or using the Websites, you acknowledge that you have read, fully understand, and agree to the terms of this Agreement, as well as our Privacy Policy, which is incorporated into this Agreement by reference, as well as any other policy, agreement, or terms incorporated into this Agreement by reference as outlined below.

For purposes of this Agreement:

• “You” or “your” means the person(s) using the Websites and/or Services, and any person(s) for whom such person(s) are acting as an agent with respect to the Websites and/or Services.
• “LendingTree,” “us,” “our,” or “we” includes LendingTree, LLC, and any of its affiliates or subsidiaries.
• “Provider(s)” includes, but may not be limited to, banks, lenders, financial institutions, insurers, service providers, real estate companies, dealers, agents, brokers, and other entities that partner with LendingTree and offer, solicit, arrange, or broker products or services through the Websites.
• “Qualification Form” refers to your request to be matched with one or more Providers of any of the products and services that you may be inquiring into through LendingTree’s Websites.

We reserve the right, at our sole discretion, to change or modify the Websites or this Agreement (or any portion thereof) at any time. Such changes and modifications become effective immediately upon posting on the Websites. You agree to review this Agreement for any such change upon your use of the Websites and that your continued use of the Websites or Services constitutes your acceptance of such changes and modifications. The Websites and Services are intended for individuals at least 18 years old and accessing the internet from a physical location within the United States. By using or accessing the Websites or Services, you acknowledge that you are at least 18 years old and accessing the internet from a physical location within the United States.

Some Services are subject to additional terms and conditions we make available to you in connection with the same, which may include usage policies and eligibility requirements, such as certain age or geographic restrictions (collectively, “Additional Terms”). By using our Services, you agree to and are bound by any such Additional Terms, and such Additional Terms are incorporated herein and made a part hereof by this reference. To the extent any Additional Terms conflict with this Agreement, the Additional Terms shall control for that specific instance of conflict.

Privacy Policy

Our Privacy Policy, incorporated into this Agreement by reference, explains how we use, disclose, and protect your information as part of our Services and technology platforms. If you are a California resident, our California Privacy Notice, which supplements our Privacy Policy and is incorporated into this Agreement by reference, also applies to your use of our Websites and Services.

As outlined in our Privacy Policy, by providing us with personal information as part of your use of our Websites or Services, you agree that we may retain all such information for the purposes and uses listed and that we may share your information with certain affiliates, non-affiliates, and other third parties. You acknowledge that certain state and federal laws may require us to securely store and maintain information you provide and that such information may not be able to be deleted, removed, purged, or destroyed until the expiration of certain prescribed retention periods or at all.

As a licensed entity, LendingTree is periodically examined by government regulators and as such is required to maintain certain personal information to adhere to and demonstrate compliance with certain laws and regulations. After you are matched with a Provider, your information may also be obtained from Providers to adhere to and demonstrate compliance with various regulatory reporting and record retention requirements. You authorize LendingTree and its participating Providers to share such information as required. To the extent permitted by applicable law, you also agree and acknowledge that Providers may be required to share information you submit to them with LendingTree in order to adhere to applicable laws, and Providers and LendingTree may maintain and share information provided by you and about you by third parties for internal marketing and analytics.

Consumer Information Security Policy

Our Consumer Information Security Policy, incorporated into this Agreement by reference, explains measures we take to protect your information and describes ways we implement those measures for different types of information you may provide to us.

Electronic Communications/Notices and Information Delivered Electronically

Our Consent Agreement for Electronic Disclosures and Communications, incorporated into this Agreement by reference, explains your agreement to receive all current and future notices, disclosures, and other communications electronically, and to do business with us and our Providers electronically.

Ownership Rights

All text, graphics, photographs, videos, sound, trademarks, logos, artwork, interfaces, data, and computer code, including but not limited to the design, coordination, “look and feel,” and arrangement of elements contained on the Websites (collectively “Content”) is owned or licensed by or to LendingTree. The Content is protected by trademark, copyright, and patent laws, and other intellectual property rights and unfair competition laws. Except as expressly stated herein, no part of the Websites, Content, or Services may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, aggregated, indexed, transmitted, distributed, or otherwise exploited in any way, including through the use of framing, scraping, webcrawlers, spidering, or any other automated means, or for any commercial purpose or enterprise, without LendingTree’s prior express written permission. Nothing on the Websites or Services should be construed as granting any license or right to use any Content. LendingTree reserves any and all rights in and to Websites, Content, and Services not expressly granted to you under this Agreement. You further agree to abide by any and all exclusionary protocols (e.g., Robot.txt, Automated Content Access Protocol (ACAP), etc.) that may be used in connection with the Websites, Content, or Services.

Code of Content

You are solely responsible for your conduct in connection with the Services.

You must not:

1. Alter, delete, or conceal any copyright, trademark, service mark, or other notice contained on the Websites, Content, and/or Services, and/or modify, reverse engineer, decompile, or disassemble any part of the same, whether in whole or in part, or create any derivative works from any part of the Websites, Content, and/or Services, or encourage, assist, or authorize any third party in doing so;
2. Engage in or encourage conduct that (1) would violate any applicable law or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity, or other rights of ours or of any other third party; (2) affects adversely or reflects negatively on LendingTree, its affiliates, the Websites, Content, Services, our goodwill, name, or reputation or causes duress, distress, or discomfort to us or anyone else; and/or (3) discourages any person or entity from using all or any portion, features, or functions of the Websites, Content, or Services, or from advertising, linking, or becoming a Provider to us;
3. modify, disrupt, impair, alter, or interfere with the use, features, function, operation, or maintenance of the Websites, Content, or Services or the rights, use, or enjoyment of the same by any other user;
4. impersonate any person or entity or falsely state or otherwise represent your affiliation with a person or entity;
5. solicit passwords or personally identifiable information for commercial or unlawful purposes from other users of the Websites, Content, or Services;
6. access or use the Websites, Content, or Services or any element(s) thereof, in whole or in part, (1) to train any artificial intelligence and/or machine learning platforms, systems, applications, models, or algorithms (whether via the development or modification of a dataset, scraping, or reproducing content or data (or any caches or archives thereof), feature extraction methodologies or otherwise); or (2) in connection or combination with any data, information, content, and/or materials generated or developed by, with, or resulting from the use of any artificial intelligence and/or machine learning platforms, systems, applications, models, or algorithms, in each case, without the express, prior written consent of LendingTree (which may be withheld in LendingTree’s sole and absolute discretion);
7. engage in spamming, flooding, or harvesting of email addresses or other personal information; and/or
8. engage in or facilitate “spidering,” “screen scraping,” “phishing,” “database scraping,” “web site crawling,” “indexing,” “data extraction,” or any other similar activity on, through, or in connection with the Websites, Content, or Services for any purpose.

Ratings and Reviews and User-Generated Content

The terms of our Ratings & Reviews and User-Generated Content policy, incorporated into this Agreement by reference, outlines the terms that govern your conduct associated with any user-generated content posted to any Website or LendingTree-owned social media property and LendingTree’s customer ratings and reviews service.

Chatbots

We may use a chatbot on certain Websites to help provide customer service and support, including through the use of a virtual assistant (“Chatbot”). The Chatbot is designed to work without the assistance of a human operator. It responds to questions posed to it in natural language as if it were a real person using a combination of pre-programmed scripts, machine learning, and generative artificial intelligence (“AI”). When asked a question, the Chatbot will answer using the knowledge database that is currently available to it. If the conversation introduces a concept the chatbot is not programmed to understand, it will advise of its limitations. The Chabot functionality is limited to LendingTree customer service and support inquiries and may not be monitored in real time. By using the Chatbot, you agree that (1) your use of the Chatbot will be limited to LendingTree customer service and support inquiries, and (2) we may use transcripts of your interactions with the Chatbot and the information you provide to the Chabot for quality control, customer service, fraud prevention, and security.

You shall at all times exercise reasonable care in using the Chatbot, and shall use the Chatbot in strict accordance with (1) this Agreement, our Privacy Policy, the Ratings & Reviews and User-Generated Content policy, and any other applicable Additional Terms; (2) any usage policies made available by LendingTree, including those set forth under the Code of Conduct above; and (3) all applicable laws, rules, and regulations. You are responsible for the information you share with the Chatbot, and we strongly advise you not to input sensitive or personal information, such as financial or account details or other confidential information. By using the Chatbot, you agree not to input such sensitive or confidential information.

By using the Chatbot, you acknowledge that you are interacting with artificial intelligence. We continually work to improve the Chatbot to make it more accurate, reliable, safe, and beneficial, but given the probabilistic nature of machine learning and AI, use of the Chatbot may generate or result in inappropriate, inaccurate, or unreliable responses. You are solely responsible for evaluating any information, content, responses, or other output generated by or through the Chatbot (collectively, “Output”) and the accuracy thereof, including through independent human review of such Output. Without limiting the generality of the terms under Disclaimers and Liability below, we cannot and do not represent, warrant, or guarantee the accuracy, reliability, or suitability of any Output. You acknowledge and agree that LendingTree and the LendingTree Parties (as defined below) shall not be liable for any loss or damage caused by or resulting from your reliance on any Output or the content of your communications with the Chatbot. To the extent any Output contains information on any specific product, service, or partner, you acknowledge and understand that the Websites and Services (and as a result, the Chatbot) do not include all products, services, offers, issuers, or credit or service providers available in the marketplace. Additionally, products, services, and offers that may appear in any Output may be from companies from whom LendingTree receives compensation. Your use of the Chatbot constitutes your awareness and acknowledge of this compensation and the limitation of products, services, and offers displayed or presented on or via the Websites or Services. If you have any inquiries regarding your interaction with the Chatbot or any Output, please reach out to us at [email protected].

Links to Third Party Websites

The Websites may contain links to websites maintained by non-affiliated third parties (“Third Party Sites”). Links to Third Party Sites are provided for your convenience and reference only. We do not operate or control in any respect any content, information, software, products, or services available on any Third Party Sites. Our inclusion of a link or reference to a Third Party Site does not constitute any endorsement or recommendation of the services or content available on the Third Party Site or any third party that is referenced on, owns, or operates the Third Party Site. Your use of any Third Party Site may be subject to other terms and conditions imposed by the third party maintaining that Third Party Site. When you leave the Websites, you agree that LendingTree is not responsible for the services, content, or information provided on the Third Party Site, including but not limited to its quality, accuracy, reliability, availability, or suitability. Nor is LendingTree responsible for any direct or indirect technical or system issue that may arise out of or relate in any way to your use of or access to third-party technologies or programs available through a Third Party Site.

Widgets

Generally, widgets are tools that may be placed on websites that allow website visitors to access and view content on or from another website. Widgets published by LendingTree (“Widgets”) provide access to the Websites, Content, and Services from points outside the Websites. Widgets may be placed on third-party websites, including blogs and social media pages, and other similar platforms (to the extent permitted by such websites or platforms). LendingTree prohibits the placement of Widgets on websites, platforms, or devices that contain content that is sexual, violent, offensive, discriminatory, misleading, deceptive, or illegal in nature or that in any way promotes or encourages hatred, violence, discrimination, or illegal activities, or is otherwise inappropriate as determined by LendingTree in its sole discretion. You agree to use Widgets in a manner consistent with all applicable laws and solely for lawful purposes. You agree not to use Widgets for any other purpose, and nothing in this Agreement shall be deemed to grant you any right, title, or interest in the Widgets, Websites, Content, Services, or LendingTree. LendingTree reserves the right to remove or demand the removal of any Widget and/or revoke your right to use any Widget, for any reason and for any amount of time.

By accessing and using any Widget (including copying any Widget html code), you agree to the following:

1. You may only display the Widget on a website you own and operate and not in any other manner or in any other medium.
2. You may not modify any Widget. Without limitation, you may not change any code provided by LendingTree, obscure or disable any element of any Widget, tag links to LendingTree from the Widget with a “nofollow” attribute, or otherwise prevent or discourage search engines from following or scoring link.
3. Except for displaying the Widget, you agree not to make any representations, warranties (express or implied), or other statements concerning LendingTree or the Websites, Content, Services, or Providers.
4. You may not display any Widget in any manner that implies affiliation with, or sponsorship or endorsement by, LendingTree.
5. You must place the Widget on a page that is context-appropriate to the content of the Widget, and any reference to LendingTree or its products and services must be accurate. For example, you may place a Widget on a webpage that contains discussion of personal finance, mortgages, or residential real estate.
6. You may not place a Widget on any site that:
   1. contains content that is in any way unlawful, harmful, obscene, offensive, harassing, hateful, discriminatory, or otherwise objectionable in LendingTree’s sole discretion;
   2. disparages LendingTree; the Websites, Content, or Services; or Providers or their products or services;
   3. infringes any LendingTree intellectual property or other rights; or
   4. violates any applicable law.
7. You may not use data collected or otherwise obtained through Widgets, Websites, Content, or Services, whether directly or indirectly, for any unauthorized purpose, including but not limited to training any artificial intelligence and/or machine learning platforms, systems, applications, models, or algorithms (whether via the development or modification of a dataset, scraping, or reproducing content or data (or any caches or archives thereof), feature extraction methodologies or otherwise).
8. LendingTree grants you a limited, non-transferable, non-assignable, non-exclusive, revocable right to (1) download and/or display a Widget solely in accordance with the terms of this Agreement; and (2) solely in connection with a Widget, display our logos, trademarks, trade names, and other content as displayed through the Widget. This Agreement does not grant you any right in any LendingTree code, content, logo, or trademark beyond the limited permission to display a Widget granted herein. In its sole discretion, LendingTree reserves the right at any time to change or modify Widgets or terminate or modify your permission to download or display Widgets. We may cease to return content from a Widget at any time in our sole discretion.
9. You acknowledge and agree that LendingTree may crawl or otherwise monitor your website or utilize any other methods to detect and address unauthorized or improper use of Widgets, Websites, Content, or Services in order to verify compliance with this Agreement.
10. Widgets and any information, software, and related services are provided “as is” and “as available” with no warranty of any kind. LendingTree expressly disclaims any warranties that may be expressed or implied by law regarding any Widget, including warranties of accuracy or non-infringement. Use of Widgets is at your own risk. LendingTree is not liable for any direct, indirect, punitive, incidental, special, or consequential damages or other injury arising out of or in any way connected with the use of any Widget, whether resulting in whole or in part from breach of contract, tortious behavior, negligence, strict liability, or otherwise.
11. LendingTree reserves the right to modify this Agreement in its sole discretion at any time without notice. You are responsible for regularly reviewing this Agreement, and your continued use of any Widget after the effective date of such changes constitutes your acceptance of, and agreement to, any such changes.

Disclaimers and Liability

THE WEBSITES, CONTENT, AND SERVICES ARE PROVIDED FOR USE “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND. LENDINGTREE DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. LENDINGTREE DOES NOT WARRANT OR REPRESENT THAT THE WEBSITES, CONTENT, OR SERVICES WILL PROVIDE SPECIFIC RESULTS OR BE COMPLETE, ACCURATE, RELIABLE, SUITABLE, ERROR-FREE, AVAILABLE, OR UNINTERRUPTED FOR ANY PURPOSE. YOU AGREE THAT LENDINGTREE IS NOT RESPONSIBLE FOR ANY ERRORS OR DELAYS IN THE COMPLETION OR TRANSMISSION OF A REQUEST FOR A FINANCIAL PRODUCT OR SERVICE, INCLUDING BUT NOT LIMITED TO SUCH ERRORS OR DELAYS CAUSED BY INCORRECT INFORMATION PROVIDED BY YOU OR TECHNICAL PROBLEMS BEYOND OUR REASONABLE CONTROL. LENDINGTREE EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN OUR CONTENT OR SERVICES, INCLUDING THE ACCURACY OR COMPLETENESS OF ANY SUCH CREDIT SCORES, CREDIT-RELATED INFORMATION, CREDIT OFFERS, OR OTHER INFORMATION, TOOLS, OR ANALYSES AVAILABLE THROUGH OUR WEBSITES. ADDITIONALLY, THE REFERENCE, INCLUSION, OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE WEBSITES DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY LENDINGTREE. ANY RELIANCE YOU PLACE ON THE WEBSITES, CONTENT, OR SERVICES IS STRICTLY AT YOUR OWN DISCRETION AND RISK. UNDER NO CIRCUMSTANCES WILL LENDINGTREE BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR RELIANCE ON OR USE OF (1) ANY ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH US; OR (2) THE WEBSITES, CONTENT, SERVICES, OR OTHER ITEMS OR INFORMATION LOCATED ON OR ACCESSIBLE VIA THE WEBSITES. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING BUT NOT LIMITED TO, ANY COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH OUR SERVICES, OR THE LOSS OF DATA THAT MAY RESULT FROM THE USE OF OUR SERVICES OR THE USE OF ANY CONTENT AVAILABLE THROUGH OUR SERVICES.

Indemnity

You agree to defend (if requested by any LendingTree Party, as defined below), indemnify, and hold harmless LendingTree and its officers, directors, shareholders, predecessors, successors-in-interest, licensors, employees, agents, representatives, subsidiaries, and affiliates (“LendingTree Parties”), from and against any and all claims, losses, liabilities, expenses (including attorneys’ fees and costs), demands, and damages incurred by a LendingTree Party in connection with any claim by a third party arising out of or relating to: (1) your use of the Websites or Services; (2) your violation or alleged violation of the Agreement; (3) your violation or alleged violation of any applicable law; (4) your infringement or alleged infringement of any intellectual property or other right of any other person or entity; or (5) any dispute between you and a third party. You agree not to settle any such claim or matter without LendingTree’s prior written consent. The LendingTree Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.

Limitation on Damages

LENDINGTREE’S LIABILITY, IF ANY, SHALL BE LIMITED TO DIRECT AND FORESEEABLE DAMAGES, WHICH SHALL NOT EXCEED THE AMOUNT PROVIDED BELOW. UNDER NO CIRCUMSTANCES SHALL LENDINGTREE BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, STATUTORY, PUNITIVE, OR EXEMPLARY DAMAGES (SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF ANTICIPATED PROFITS, LOSS OF BUSINESS, LOSS OF OR DAMAGE TO DATA, LOSS OF USE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, EMOTIONAL DISTRESS, OR ANY OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING IN ANY WAY TO OUR WEBSITES, CONTENT, OR SERVICES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT OR AS REQUIRED BY APPLICABLE LAW, IN NO EVENT SHALL LENDINGTREE’S TOTAL LIABILITY EXCEED IN THE AGGREGATE ONE HUNDRED U.S. DOLLARS ($100.00). THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU OR ANY THIRD PARTY FOR ANY LOSSES. THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANY CLAIMS RELATED TO THIS AGREEMENT OR TO THE SERVICES TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Dispute Resolution and Arbitration

YOU AND LENDINGTREE AGREE THAT ANY DISPUTE BETWEEN YOU AND US, INCLUDING WITHOUT LIMITATION, DISPUTES RELATING TO THE WEBSITES, CONTENT, OR SERVICES (“DISPUTE”), SHALL BE FINALLY AND EXCLUSIVELY RESOLVED BY BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH THE AAA’S CONSUMER ARBITRATION RULES. DISPUTES WILL BE ARBITRATED AT A HEARING CONDUCTED IN CHARLOTTE, NORTH CAROLINA. THE ARBITRATOR(S) SHALL HAVE NO AUTHORITY TO DEVIATE FROM THE LAW, AND THE ARBITRATOR(S) SHALL MAKE ALL REASONABLE EFFORTS TO EXPEDITE THE ARBITRATION PROCEEDINGS AND TO LIMIT DISCOVERY. THIS MEANS THAT YOU WILL NOT BE ABLE TO LITIGATE ANY SUCH DISPUTE IN COURT, INCLUDING ON AN INDIVIDUAL OR CLASS-ACTION BASIS, AND THAT YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL.

You agree that no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement. Arbitration must be on an individual basis. You may not join or consolidate claims in arbitration or arbitrate any claims as a representative or member of a class or in a private attorney general capacity.

You agree that any dispute or disagreement regarding the enforceability, applicability, or interpretation of any provision of this Agreement, including the provisions regarding dispute resolution and arbitration, is a Dispute subject to the arbitration provisions herein and shall be resolved by an arbitrator.

You agree that any dispute or cause of action arising out of or related to the Websites, Services, or Content must be commenced within one year from the later of (1) when the dispute or cause of action accrued, or (2) when you should have known about or discovered the accrual of the dispute or cause of action through the exercise of reasonable diligence. If you do not commence a dispute or cause of action in accordance with these requirements, such cause of action is waived and permanently barred. You agree that any dispute or disagreement regarding whether your alleged dispute or cause of action is time-barred is a Dispute subject to the arbitration provisions herein and shall be resolved by an arbitrator.

Governing Law

This Agreement, and any disputes arising out of or related to this Agreement or the Websites, Services, or Content, is governed by the laws of the State of North Carolina without regard to any conflicts of laws provisions. If any matter proceeds in court, including post-arbitration confirmation proceedings, you agree to the exclusive personal jurisdiction by, and venue in, the state and federal courts located in Mecklenburg County, North Carolina, and you waive any objection to such jurisdiction or venue.

Entire Agreement

This Agreement (including all referenced or incorporated policies, agreements, terms, and other provisions) constitutes the entire agreement between you and LendingTree and supersedes all prior or contemporaneous oral or written agreements or other communications between you and us with respect to the subject matter hereof. In the event of a conflict between the language or terms of this Agreement and the language or terms of any policy, agreement, or terms incorporated by reference, the latter incorporated terms shall control.

Enforceability and Severability

If any provision of this Agreement is be found to be unlawful, void, or unenforceable, you agree that such provision shall be given effect to the greatest extent possible, including that it be modified to the greatest extent possible to render it enforceable with respect to the dispute at issue and to reflect the intent of the Agreement to the greatest extent possible, and all remaining provisions and the Agreement as a whole shall remain in full force and effect.

Waiver Only in Writing

LendingTree’s failure to enforce any right or act with respect to any breach or alleged breach by you or others of the Agreement does not constitute a waiver of any right and will not limit LendingTree’s rights with respect to that breach or any subsequent breaches. No waiver by LendingTree of any of the provisions in the Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of LendingTree.

Opt-out Instructions

You may opt out of receiving calls, texts, and/or emails from LendingTree by: (1) emailing [email protected] and stating that you no longer wish to be contacted by LendingTree by phone and/or email; (2) completing a request to “Opt out of phone calls” on our Contact Us page at https://www.lendingtree.com/about/contact-us/; (3) calling 1-800-505-7916 and stating that you no longer wish to be contacted by LendingTree by phone and/or email; or (4) responding to any SMS, mobile, or text message you receive from LendingTree and stating you no longer wish to be contacted by LendingTree. If you would like a Provider, including any matched lender, to no longer contact you, please contact the Provider directly and notify the Provider that you no longer want to receive communications (calls and/or emails) from them. You agree that LendingTree is not responsible for a Provider’s failure to follow your or our instructions to cease communications with you. Note that if you complete a subsequent request for or inquiry about a financial product or service on the Websites, you may resume receipt of marketing calls or texts and will need to make a new opt-out request. You may update your preferred method of contact by calling 1-888-272-1355.

You may opt out of receiving marketing emails from LendingTree by: (1) utilizing the “Unsubscribe” link at the bottom of emails; (2) emailing a request to be unsubscribed to [email protected]; or (3) managing your email preferences at https://www.lendingtree.com/publications.

Terms Applicable to All Services

On the Websites, we provide educational and informational content and operate online marketplaces that enable consumers to comparison shop for various financial products and services offered by our network of Providers. We provide content and tools on our Websites that may allow you to develop or improve your financial education. We provide these materials for informational, educational, and entertainment purposes only. At no time are we providing or should you interpret us as providing legal, financial, insurance, investment, tax or estate planning, or medical advice. LendingTree is licensed as set forth in our Licenses and Disclosures, which is incorporated into this Agreement by reference.

LendingTree is not a lender or a creditor. LendingTree does not take credit applications; originate, service, or make loans or credit decisions; or issue commitments or lock-in agreements. LendingTree’s services are only administrative. Our Services allow you to comparison shop for various financial products and services, including mortgage loans, personal loans, credit cards, and insurance products. Completing or submitting a Qualification Form is a request to be matched with Providers of one or more particular financial products or services. When you submit a Qualification Form, LendingTree will attempt to match you with Providers offering products or services for which you may qualify or that may be of interest to you. You also agree that we may try to identify matches for similar or alternative products or services based on your request and information provided in your Qualification Form and that we may share you information with Providers of such similar or alternative products or services. For example, if you submit a request for a personal loan, in certain circumstances we may also try to identify matches for a home equity loan or line or credit or debt relief services if the information provided in your Qualification Form and resulting matches, or lack thereof, indicate such alternative products or services may be of interest to you.

Any Qualification Form or loan inquiry you submit is not an application for credit. Rather, it is an inquiry or request to be matched with Providers that may be able to present conditional loan offers to you, which offers are subject to change at any time, including at the point of application with the Provider, after verification of information you provided, as well as other conditions as solely determined by any Provider with whom you proceed. You are under no obligation to proceed with any Provider or conditional offer.

Submitting a Qualification Form does not guarantee that you will receive any conditional loan offers or loan approvals. Any conditional offer is based on information you provide when completing a Qualification Form and information in your credit file at that time. Submitting a Qualification Form may involve a soft credit inquiry that will not affect your credit score.

Providers, and not LendingTree, establish and maintain approval standards and determine the criteria necessary to receive both conditional offers and credit approvals. You should review each Provider’s terms and conditions to determine which offer works for you and your personal financial situation. We do not guarantee acceptance into any particular program or any specific terms or conditions with any Provider. We do not guarantee that you will be approved for credit or that upon approval you will qualify for advertised rates, fees, or other terms. We do not guarantee that rates or terms advertised or offered by Providers include the lowest or most favorable rates or terms available in the market. All rates, fees, and other terms are presented without guarantee and are subject to change at any time based on each Provider’s discretion.

LendingTree is paid a marketing lead generation fee by Providers for the goods, facilities, and services provided. Conditional offers that appear on the Websites are from companies from whom LendingTree receives compensation. In some cases, where disclosed, this compensation may impact how and where offers appear (such as the order). Your use of the Websites or Services constitutes your awareness and acknowledgement of this compensation arrangement and the potential impact it may have on presentation of offers or other products or services. We do not include all products, services, offers, issuers, or credit or service providers available in the marketplace.

You may have to complete an application with a Provider before the Provider will extend an unconditional offer to you. Proceeding with an application with a Provider may involve a hard credit pull. A Provider you select may require you to pay an application or other fee to cover the costs of an appraisal, credit report, or other items. You may be responsible for paying any and all closing costs associated with a loan (such as settlement services, loan processing, underwriting, or funding fees) as solely determined by the Provider, and not LendingTree. The Provider, and not LendingTree, will likewise determine the amount of any fees or costs and should provide information to you regarding the refundability of any fee or cost.

Services offered by Providers may only be made to residents of states where Providers are authorized to conduct business. A Provider’s participation in and offering of its products or services on the Websites does not necessarily constitute an offer by a Provider or LendingTree to provide services outside of their respective authorized jurisdictions. To the extent you seek or receive information from a Provider or LendingTree regarding any prospective product or service that would be outside the Providers’ or LendingTree’s authorized jurisdiction(s), that information is for informational purposes only. Providers and LendingTree shall have the right to discontinue, suspend, or terminate the offering of any product or service in any specific state through the Websites at any time, without prior notice.

Except as otherwise provided for your state, LendingTree is not an agent of you or any Provider. You should rely on your own judgment in deciding which available loan product, terms, and Provider best suits your personal financial situation. The Provider is solely responsible for its services to you, and you agree that LendingTree shall not be liable for any damages or costs of any type arising out of, or in any way connected with, your use of such services. You understand that Providers may retain your loan request information and any other information provided by LendingTree or received by them in the processing of your loan inquiry or request, whether or not you are qualified for or close a loan with them. In addition, LendingTree may receive personally identifiable information regarding the disposition of your application, loan, or account from the Provider in order to fulfill its regulatory requirements as well as for internal business purposes.

By beginning or completing a Qualification Form or otherwise entering or saving personal information with LendingTree, you represent that all information you provide or enter is true, accurate, current, and complete. You further acknowledge that you alone will use your account to access the Services. You agree to not sell, transform, or assign your account to anyone else. You agree to keep your login information confidential, to employ reasonable and appropriate safeguards to prevent unauthorized access to your account, and to not share your account credentials with any third party. You acknowledge that you are responsible for all activities that occur under your account. If you believe that your account is no longer secure, you agree to notify us immediately.

To help the government fight identity theft, the funding of terrorism, and money laundering activities, and to attempt to verify your identity, LendingTree and its Providers may obtain, verify, and record information that identifies each person who uses our Websites or Services and/or opens an account with us and Providers. LendingTree and its Providers may ask for your name, Social Security Number, address, telephone number, date of birth, and/or other important information including, but not limited to, information received from your credit file, that may allow us and Providers to properly identify you.

Terms Applicable to LendingTree Spring

By creating a LendingTree Spring (“Spring”) account (whether separately or in conjunction with submitting a Qualification Form or using another Service), as explained in the terms and conditions of creating a Spring account, you understand and agree that LendingTree may obtain your consumer report, credit report, credit profile, and other credit-related information from one or more credit reporting agencies. You understand and agree that we may use and analyze your information, including credit-related information obtained from a credit reporting agency, to do the following: (1) present you with an overview of your credit profile, including credit score and detailed information where available; (2) provide you with general information as well as information about financial products and services that may be of interest to you; (3) identify affiliate and non-affiliate Providers that may be able to provide services or information to you; and (4) conduct internal analytics, research, and development to improve our Services and customer experience. If you would like to deactivate or disable your Spring account, including any free credit score services, you may visit your Spring account profile or email a request to [email protected].

Terms Applicable to Loan Explorer and Rate Table Products

LendingTree’s Loan Explorer and Rate Tables allow you to view sample rates for various loan products, such as home purchase and personal loans, and contact Providers directly to inquire about their products and services without submitting a Qualification Form. You may see sample rates from multiple Providers, and there is no restriction on how many Providers you may contact.

Sample rates advertised on our Loan Explorer and Rate Tables are calculated using conditional loan offers Providers have made to consumers nationwide. Sample rates may not be available to all consumers, in all states, or in all loan amounts. Sample rates may be calculated based on criteria such as a certain loan amount, loan term, or self-identified credit score (e.g., credit score of 700 or greater). Sample rates do not constitute a guarantee, agreement, or commitment that you will be loaned funds or extended credit by any Provider. Rates and terms are subject to change at any time without notice based solely on Provider discretion. Our Loan Explorer and Rate Tables do include all products, services, offers, issuers, or credit or service providers available in the marketplace.

Terms Applicable to Mortgage Loan Request Services

LendingTree is a marketing lead generator and duly licensed mortgage broker in all fifty states and the District of Columbia as required by law, NMLS ID #1136. For a current list of applicable state licenses and disclosures, click Licenses and Disclosures or call for details. LendingTree does not take mortgage or loan applications as defined under applicable state laws, the Equal Credit Opportunity Act, the Truth In Lending Act, the Real Estate Settlement Procedures Act, or other applicable federal law.

The Websites and Services related to LendingTree’s mortgage loan request services are available in connection with loans secured by real property located in the fifty states and the District of Columbia, unless otherwise specified. Providers may not offer all products in all jurisdictions.

Note that some mortgage request services may request Social Security Number (“SSN”) information as part of the Qualification Form. This is because certain Providers require SSN information to extend a conditional loan offer.

If you apply for or close a loan with a Provider, the Provider may require you to pay an application or other fee to cover the costs of an appraisal, credit report, or other items. The Provider may also require you to pay any and all closing costs associated with a loan (such as settlement services, loan processing, underwriting, funding fees, appraisals, title insurance premiums, and attorney or notary fees) as solely determined by the Provider and/or settlement service provider(s) you select, and not LendingTree. The Provider, and not LendingTree, will likewise determine the amount of any fees or costs and should provide information to you regarding the refundability of any fee or cost.

There is no guarantee that you will be matched with any specific Provider(s) making any specific offer(s). In certain circumstances, including based on the information provided in your Qualification Form and resulting matches, or lack thereof, we may continue to attempt to match you with a Provider for up to twenty-four hours after you submit your request, and we may contact you by telephone at the number you provided to attempt to match you with a Provider. If we are able to match you with a Provider that was not originally identified on your offers page on the Website, you agree that we may call or contact you to identify such Provider(s), and you may elect to be connected with such Provider(s) to learn more about products and services offered. LendingTree cannot and will not select a Provider or offer for you.

Terms Applicable to Realty Services

By submitting a Qualification Form for a home loan (whether purchase, refinance, or home equity), you authorize LendingTree to provide your information to its network of real estate companies, brokers, and agents (“Real Estate Companies”), in addition to Providers who offer home loan products and services. You understand that Real Estate Companies may contact you, whether by call, text, or email, to determine whether their services may be of interest to you.

Terms Applicable to Automobile Loan Request Services

Some Automobile Finance Providers may conduct a hard credit pull in order to provide firm offers of credit. If you submit a Qualification Form to request an automobile loan and qualify for the Dealer Referral Program, we may provide your information to one or more Providers or third-party marketing companies that participate in that program. The Dealer Referral Program allows you to get financing quotes from a dealership in your area. As of the date this Agreement was last updated, Internet Brands (Auto Credit Express, CarsDirect), Detroit Trading (Rydeshopper), and Auto Loan Options participate in the program. Program participants are subject to change at any time and are not guaranteed.

Terms Applicable to Commercial Loan Request Services

LendingTree’s commercial loan Websites and Services, including those Services available through SnapCap.com or the SnapCap brand, are designed for businesses and are not intended for individuals’ personal, family, or household use.

Terms Applicable to Student Loan Request Services

The Websites may be used to connect you with Providers that offer private student loan services, including student loan refinance. The proceeds of a student loan may be disbursed in the form of a check mailed directly to you, or if more than one person is listed as a borrower, guarantor, or cosignor on a student loan, the person with the stronger credit profile based on the Provider’s discretion. Student loan terms vary and are based on the credit profile(s) of the borrower and/or cosignor (where applicable) as well as other underwriting criteria determined solely by the Provider. Providers have the right to accept or reject a cosigner and/or lend an amount less than the amount requested. The proceeds of a student loan must be used for educational purposes.

By submitting a student loan request or inquiry through the Websites, you authorize Providers to verify the accuracy and authenticity of any information you provide to them, whether verification conducted internally by the Provider or with the assistance of a non-affiliated third party. Among other things, you authorize Providers to verify the following with respect to you or a cosignor (where applicable): (1) enrollment status with a school and/or other organization; (2) employment status, including by contacting an employer; and (3) income information. In all cases, Providers may disclose the fact that you are applying for credit from or with that Provider.

Terms Applicable to Insurance Request Services

LendingTree’s insurance-related request services may be offered through LendingTree’s subsidiary QuoteWizard.com, LLC, and/or its subsidiaries, including QW Insurance Solutions, LLC (collectively “QuoteWizard”). Neither LendingTree nor QuoteWizard is a licensed insurance agency or broker, and neither provide insurance quotes in accordance with Chapter 48.17 of the Revised Code of Washington or similar state statutes. We do not endorse or recommend any particular insurance provider or policy or provide any evaluation of insurance providers or their policies, and the information we provide is not intended to take the place of professional advice from a licensed insurance agent. We recommend that all consumers consult with a licensed insurance agent, broker, or other qualified professional before purchasing any insurance policy.

We do not sell insurance or bind coverage on our Websites. Instead, we provide a service to help Providers offer and sell insurance and other authorized products to you and other potential consumers who have visited a Website and submitted a request to receive insurance quotes or other insurance-related information from a Provider.

We make no representation or warranty as to (1) the qualify, safety, suitability, or legality of insurance-related products or services offered by any Provider; (2) the truth, accuracy, or completeness of Providers’ representations regarding such products; (3) the ability of specific Providers to offer or sell certain insurance-related products or services; or (4) your or potential consumers’ ability to pay for insurance-related products or services offered by Providers. We do not guarantee that any Provider to whom we may transmit your Qualification Form or other insurance-related request will contact you or agree to provide you with desired coverage.

If you use the Websites to submit a request for Medicare-related plans or information, a representative may contact you in order to confirm eligibility and connect you with an appropriate, individually licensed insurance agent from QuoteWizard and/or a Provider. QuoteWizard’s licensed agents may present you with rates and policies for Medicare-related plans via QuoteWizard’s partners and under the respective licenses for such entities. You may not be eligible for all products and services, and the issuing insurance company is solely responsible for determine eligibility in accordance with its underwriting guidelines and as permitted by applicable law. Policies and coverages may not be available in all states.

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