Terms of Use
November 1st, 2024
Please read the following terms of use carefully. By accessing and using this site (as defined below), you agree to be bound by the terms of use below. These terms of use are subject to change. Any changes will be posted to the site. If you disagree with these terms, then you do not have permission to access the site.
You are currently using a website, mobile application, or other online or mobile service that links to or otherwise presents these Terms of Use to you, in each case a Site owned and/or operated by Aviso Technology Inc., dba LenderPortal® (“Aviso,” “we,” or “us”), and any affiliated entities (collectively “Aviso”) and the names at www.LenderPortal.com (each, a “Site”). This Site and any of the services provided by Aviso in connection with this Site (“Services”) are provided expressly subject to these Terms of Use. By accessing the Site, you (“User”) acknowledge that you have read, understand, and agree to be bound by these Terms of Use. If any provision contained in these Terms of Use conflicts with a provision contained in another agreement that you enter into with Aviso or related to the Aviso Services, the provision of the other agreement shall govern with respect to that specific aspect of the Site or Services.
Users
The Site is available to individuals who are seeking financing for a home purchase or refinance and loan originators and lenders who make or facilitate home purchase or refinance loans. Specific subscription terms that apply only to a particular type of User are detailed in these Terms of Use. Loan originator/lender Users will have the ability to designate an Administrator User who may add one or more sub-Users on behalf of an entity loan originator/lender User. Such entity loan originator/lender User will be responsible for all conduct on the Site of such sub-Users and such Administrator User. All Users must register for an account to access the offerings on the Site. Users in good standing will have issued a user ID and must assign a password to access the User’s account on the Site. Users are responsible for all use of such User’s access credentials on the Site.
Services
The Site enables Users to: (a) compile income and asset information for review by loan originators or lenders; (b) obtain estimates and information related to home purchase or refinance loan options; (c) (for loan originator/lender Users) view consumer User income/asset information; and (d) (for loan originator/lender Users) compile and submit loan package information to one or more third party lenders. The Site may offer Users the ability to obtain other products/services. Aviso is not a lender or broker and does not make loans or arrange loans and Aviso will have no responsibility for loan application materials that are submitted to one or more third party lenders. Aviso will also have no responsibility to any party for the content of any materials posted on the Site by any party.
Duties of Users of the Site
You agree that any information submitted through the Site will be accurate and complete and will comply with any rules and regulations that Aviso may put in place from time to time concerning submission format and content (including submitting accurate data in all Mortgage Call Reports that the Site generates or any other tool/service that Aviso makes available through the Site). You agree to comply with any and all applicable local, state and federal laws, statutes, rules, regulations, ordinances and other provisions of law applicable to your respective conduct and interactions through the Site and with any other party (including compliance with any applicable licensing/registration requirements applicable to your activities and the loan types that you originate). Aviso, at its sole discretion, has the right to remove User information or rescind access to the Site without notice.
General Eligibility
This Site is intended for individuals who are residents of the United States and at least eighteen (18) years of age, and any access by individuals who are under the age of 18 is in violation of these Terms of Use. If you are under 18, please exit this Site now. By using the Site, you represent that you are a resident of the United States and 18 or older, and that you agree to abide by all of the terms and conditions of these Terms of Use. Unauthorized use of the Site or Services, including unauthorized access of Aviso’s systems and misuse of passwords or Site information is strictly prohibited. If you violate any of these Terms of Use or any other agreement between you and Aviso, then Aviso may restrict, suspend, or terminate your access to any portion or all of the Site and Services without notice.
Privacy
Your privacy is very important to us. Please carefully read Aviso’s Privacy Policy (available at www.LenderPortal.com/privacy-policy ), which details how Aviso treats your personal information.
Service Rights and Restrictions, Intellectual Property
All material and content on this Site and the Services, including but not limited to text, data, articles, designs, software, photos, images, and other information (collectively the “Site Content”) are proprietary to, and the property of, Aviso or the relevant third-party owner, with all rights reserved. You may not use, copy, reproduce, distribute, republish, display, post, transmit, or sell Site Content in any form or by any means without the express prior written approval of Aviso or the respective owners of such Site Content. You acknowledge that all Site Content is and shall remain the sole property of Aviso or the relevant owner. You may only access and use the Site and the Services for their intended purpose, and any access to, or use of, the Site or Services that is not expressly authorized herein is strictly prohibited. Nothing on this Site should be construed as granting the User any license or right to use any Site Content within the Services or the Site, whether owned by Aviso or a third party, without prior written approval of Aviso or the respective owner. All third-party marks, products, and company names are property of their respective owners. Unless expressly provided, use of such marks does not imply any affiliation with, endorsement by, or association of any kind between such owners and Aviso.
Consent to Conduct Business Electronically
Because Aviso operates its platform online and conducts its business solely through the Internet, you must consent to receive all disclosures, notices, documents, agreements, and information associated with the Services (“Communications”) electronically in order to transact business with us. This section informs you of your rights when receiving electronic Communications from Aviso.
Electronic Communications.
You agree that Aviso, its agents and representatives, may provide all Communications to you electronically via email or through our Site. You may still request a paper copy of any Communication by following the procedure outlined below.
Access/Software Requirements.
In order to access and receive electronic Communications, you must have: (1) a valid email address and phone number; (2) a computer or other mobile device (such as tablet or smartphone); (3) a connection to the Internet; and (4) the latest, current version of Chrome, Safari, Firefox, or Microsoft Edge web browser.
Additional Mobile Technology Requirements.
If you access our Site and Communications electronically via a mobile device (such as a smart phone or tablet), in addition to the above requirements you must make sure that you have software on your mobile device that allows you to print and save the Communications presented to you. If you do not have these capabilities on your mobile device, please access our Site through a device that provides these capabilities.
Requesting a Paper Copy.
You may request from us a paper copy of any Communication that we have provided or made available to you electronically without charge, provided that such request is made within a reasonable time after we first provided the Communication to you. To request paper copies, you must send an e-mail to info@lenderportal.com with the subject line "Paper Copy Request" and in the body of the e-mail you must state your e-mail address, full name, US Postal address, and telephone number.
Withdrawing Consent. You may withdraw your consent to receive future Communications electronically by sending an email to info@lenderportal.com with the subject line "Withdraw Electronic Consent" and including your full name, US Postal Address, email address, and telephone number in the body of the email. Your withdrawal of consent will be effective only after we have had a reasonable period to process your request.
Telephone and SMS (text messaging).
We collect and use your personal information, including your mobile phone number, in order to provide you with our services, including but not limited to sending you communications such as alerts, updates, marketing messages, and transactional notifications. By providing your personal information and mobile number, you consent to receive automated text messages, calls, or other electronic communications from us or our service providers, including messages sent using an automatic telephone dialing system or artificial voice technology. You certify, warrant, and represent that the telephone numbers you provided us are your numbers and not someone else’s. You represent that you are permitted to receive calls at each telephone number you provided.
By submitting your mobile number to us, you consent to receive messages through an A2P 10DLC (Application-to-Person 10-Digit Long Code) system. Such messages may include but are not limited to, loan reminders, payment alerts, marketing messages, and other important service-related notifications. These communications are facilitated through third-party service providers, including Twilio, Inc., who process your mobile number and message content on our behalf.
You acknowledge that by providing your mobile phone number and consenting to receive text messages, you are expressly agreeing to receive messages from us via an A2P messaging platform, including messages that may be sent using automated technology. Standard messaging and data rates may apply. You understand that this consent is not a condition of purchasing any product or service.
You may opt out of receiving automated text messages at any time by replying "STOP" to any text message received from us, or by contacting us at info@lenderportal.com (202) 838-4000. If you opt out, you will no longer receive such messages unless you subsequently provide us with your express consent to resume messaging.
We may share your mobile phone number and other personal information with third-party service providers, including Twilio, Inc., to facilitate automated communications (such as A2P messaging). These service providers are bound by confidentiality agreements and are only authorized to use your personal information for the purposes of facilitating such communications on our behalf.
We implement reasonable security measures to protect your personal information, including your mobile phone number, from unauthorized access, use, or disclosure. Our third-party service providers, including Twilio, Inc., are also required to implement appropriate security measures to protect your information while processing it for the purposes described in this policy.
If you have any questions or concerns regarding this Privacy Policy or our communications practices, including those related to A2P messaging, please contact us at info@lenderportal.com (202) 838-4000.
Copyright Complaints
If you believe that any material on the Site infringes upon any copyright that you own or control, you may send a written notification to us via email at info@lenderportal.com or via regular mail at Aviso Technology Inc. One Thomas Circle NW, Suite 700, Washington DC, 20005. In your notification, please:
Confirm that you are the owner, or authorized to act on behalf of the owner, of the copyrighted work that has been infringed;
Identify the copyrighted work or works that you claim have been infringed;
Identify the material that you claim is infringing or is the subject of infringing activity and that is to be removed (please include information reasonably sufficient to permit us to locate the material);
Provide your contact details, including an email address; and
Provide a statement that the information you have provided is accurate and 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.
Feedback/Suggestions/Interaction with Site
If you choose to submit input, comments, suggestions, ideas, surveys, feedback or other information about the Services ("Feedback") to Aviso, you grant Aviso the right to exploit the Feedback in any manner and for any purposes and agree the Feedback shall be the sole property of Aviso. You further agree that Aviso can use the Feedback without any restriction, acknowledgement, or compensation to you. Aviso shall own all exclusive rights, title and interest, all developments based upon, and all intellectual property in the Feedback. You hereby assign and agree to assign to us all rights, title, and interest, all developments, and all intellectual property you may have in such Feedback. To the extent that you interact with any Site features (such as chat tools), you agree that we may use system-generated/machine-learning tools to interpret and/or respond to your inquiries/interactions.
Third-Party Providers and Websites
Aviso may rely on third-party providers to assist us in making the Services available to you. The Site may contain links to sites and resources provided by third parties. We are not responsible for the information practices employed by sites linked to or from our Site. Your use of such features constitutes your agreement to be bound by the additional terms and conditions and the privacy policies, as applicable, of relevant third-party providers. You should review the privacy policies and terms and conditions of such third party prior to use of those features and providing any personal information. By selecting and utilizing those features as part of the Services, you acknowledge that we and our third-party providers may access your account on your behalf and to gather information about you and that the third-party may transfer, store, and process your information in accordance with their respective privacy policies. You further agree Aviso has no liability arising from your use of third-party provider software or websites.
Permitted Use
You agree to use the Site only for purposes that are permitted by these Terms of Use in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Site for your non-exclusive, non-assignable, non-transferable, and limited use, and no other purposes. You will not (and will not attempt to):
Gain unauthorized access to our computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site, our services, our networks, and/or our computer systems;
Access the Site through any automated means or with any automated features or devices (including use of scripts or web crawlers);
Access or collect any personally identifiable information, including any names, email addresses, or other such information for any purpose, including, without limitation, commercial purposes;
Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site for any purpose; and
Reproduce, duplicate, copy, sell, trade, or resell any products or services bearing any trademark, service mark, trade name, logo, or service mark owned by us in a way that is likely or intended to confuse the owner or authorized user of such marks, names or logos.
Post any content that violates any rules or regulations we put in place from time to time.
Post any content that violates the rights of any other users or any other third party.
Post or introduce any harmful code or features.
Post any obscene or otherwise offensive or disrespectful material.
Post any material that we deem offensive or disrespectful to other users.
You use this Site at your own risk. You agree that you will be personally responsible for your use of this Site and all of your communication and activity on the Site. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated these Terms of Use, we may remove any or all of the material you post and/or deny you access to this Site on a temporary or permanent basis, and any decision to do so is final.
Disclaimer of Warranties
Aviso provides the site and services “as is” and “as available” without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Additionally, Aviso makes no claim or guarantee as to the accuracy of any information provided on the site. Aviso further makes no warranty of any kind with respect to any third-party provider software or websites used by you in connection with the services.
Limitation of Liability
In no event will Aviso or its directors, officers, employees, or agents be liable to you or to any other party for lost profits or any other special, consequential, incidental, or indirect damages arising from your use of the site or services, even if aviso is aware or has been advised of the possibility of such damages. To the extent allowed by applicable law, Aviso’s liability to you for any cause of action regardless of form will at all times be limited to the amount paid by you to Aviso, if any, and in no case shall Aviso’s liability to you exceed $1,000.00.
Indemnification
You agree to indemnify, defend, and hold harmless Aviso and its affiliates, officers, directors, employees, agents, and representatives for damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees), arising in connection with any claim, suit, proceeding, or other action arising from your use of the Site or Services, your conduct in connection with your use of the Site or Services, your use of third-party provider software or websites in connection with your use of the Site or Services, or any violation of these Terms of Use or of any law or the rights of any third party.
Force Majeure
We are not liable for any delays caused by circumstances beyond our control, e.g., general labor disputes, extreme weather, acts of war, fire, pandemics, lightning, terrorist attacks, changed governmental orders, technical problems, defects in power/communications networks, or other circumstances outside of our control.
Term and Termination
These Terms of Use become effective the date that you first access the Site and remain effective until terminated consistent with the terms herein. We may terminate your access to Services at any time upon notice to you (by email to your email address in our records). You may terminate your access to services by providing 10 days’ advance written notice to us. Violations of these Terms of Use may result in the immediate termination of your access to the Site. Such restrictions may be temporary or permanent. All disclaimers, limitations of liability, indemnities, and rights of ownership to Aviso shall survive any termination.
Waiver
Aviso’s failure or delay in exercising any right, power, or remedy under these Terms of Use shall not operate as a waiver of any such right, power, or remedy.
Changes and Modifications
Aviso reserves the right in its sole discretion to temporarily or permanently change or modify these Terms of Use or discontinue the Site, or any portion of the Site, for any reason, at any time without notice to you. Please review these Terms of Use from time to time because your continued access or use of the Site after any modifications have become effective shall be deemed your conclusive acceptance of the modified Terms of Use.
Miscellaneous
Assignment.
These Terms of Use may not be assigned by you without the prior written consent of Aviso.
Amendments; Waivers.
No amendment, modification, or waiver of any provision of these Terms of Use shall be binding unless in writing and signed by Aviso and the party against whom the operation of such amendment, modification, or waiver is sought to the enforced. No delay in the exercise of any right shall be deemed a waiver thereof, nor shall the waiver of a right or remedy in a particular instance constitute a waiver of such right or remedy generally.
Notices.
Any notice or document required or permitted to be given hereunder shall be deemed to be given on the date such notice is (i) for notices from Aviso to you, sent to your email address in Aviso’s records; or (ii) for notices from you to Aviso, deposited with a commercial overnight delivery service, to Aviso at: 1 Thomas Circle NW, Suite 700 Washington DC, 20005; or such other address or addresses as Aviso may designate from time-to-time by notice satisfactory under this section.
Governing Law/Venue.
This Agreement shall be governed by the internal laws of the State of Delaware without giving effect to the principles of conflicts of laws. The venue for any disputes will be in the state or federal courts located in Delaware.
Binding Effect
These Terms of Use shall inure to the benefit of the respective heirs legal representatives and permitted assigns of each party, and shall be binding upon the heirs, legal representatives, successors and assigns of each party. Any individual agreeing to these Terms of Use on behalf of an entity or other organization represents and warrants that such individual is duly authorized to act for such entity/organization and the obligations hereunder will be those of such entity/organization.
Titles and Captions.
All articles, section and paragraph titles and captions contained herein are for convenience only and are not deemed a part of the context hereof.
Pronouns and Plurals.
All pronouns and any variations thereof are deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the persons may require.
Entire Agreement.
These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings with respect to such subject matter.
Severability.
If any provision of these Terms of Use shall be declared invalid or illegal for any reason whatsoever, then, notwithstanding such invalidity or illegality, the remaining terms and provisions of these Terms of Use shall remain in full force and effect in the same manner as if the invalid or illegal provisions had not been contained herein.
Cumulative Rights/Remedies.
All rights and remedies available to each party hereunder shall be cumulative and in addition to any other rights or remedies to which such party may be entitled at law or in equity.
Contacting Us
If you have questions, comments, or complaints regarding these Terms of Use, the Site, or Services, you may call us at (202) 838-4000 email us at info@lenderportal.com or write to Aviso, 1 Thomas Circle NW, Suite 700, Washington DC, 20005.
Terms of Use
November 1st, 2024
Please read the following terms of use carefully. By accessing and using this site (as defined below), you agree to be bound by the terms of use below. These terms of use are subject to change. Any changes will be posted to the site. If you disagree with these terms, then you do not have permission to access the site.
You are currently using a website, mobile application, or other online or mobile service that links to or otherwise presents these Terms of Use to you, in each case a Site owned and/or operated by Aviso Technology Inc., dba LenderPortal® (“Aviso,” “we,” or “us”), and any affiliated entities (collectively “Aviso”) and the names at www.LenderPortal.com (each, a “Site”). This Site and any of the services provided by Aviso in connection with this Site (“Services”) are provided expressly subject to these Terms of Use. By accessing the Site, you (“User”) acknowledge that you have read, understand, and agree to be bound by these Terms of Use. If any provision contained in these Terms of Use conflicts with a provision contained in another agreement that you enter into with Aviso or related to the Aviso Services, the provision of the other agreement shall govern with respect to that specific aspect of the Site or Services.
Users
The Site is available to individuals who are seeking financing for a home purchase or refinance and loan originators and lenders who make or facilitate home purchase or refinance loans. Specific subscription terms that apply only to a particular type of User are detailed in these Terms of Use. Loan originator/lender Users will have the ability to designate an Administrator User who may add one or more sub-Users on behalf of an entity loan originator/lender User. Such entity loan originator/lender User will be responsible for all conduct on the Site of such sub-Users and such Administrator User. All Users must register for an account to access the offerings on the Site. Users in good standing will have issued a user ID and must assign a password to access the User’s account on the Site. Users are responsible for all use of such User’s access credentials on the Site.
Services
The Site enables Users to: (a) compile income and asset information for review by loan originators or lenders; (b) obtain estimates and information related to home purchase or refinance loan options; (c) (for loan originator/lender Users) view consumer User income/asset information; and (d) (for loan originator/lender Users) compile and submit loan package information to one or more third party lenders. The Site may offer Users the ability to obtain other products/services. Aviso is not a lender or broker and does not make loans or arrange loans and Aviso will have no responsibility for loan application materials that are submitted to one or more third party lenders. Aviso will also have no responsibility to any party for the content of any materials posted on the Site by any party.
Duties of Users of the Site
You agree that any information submitted through the Site will be accurate and complete and will comply with any rules and regulations that Aviso may put in place from time to time concerning submission format and content (including submitting accurate data in all Mortgage Call Reports that the Site generates or any other tool/service that Aviso makes available through the Site). You agree to comply with any and all applicable local, state and federal laws, statutes, rules, regulations, ordinances and other provisions of law applicable to your respective conduct and interactions through the Site and with any other party (including compliance with any applicable licensing/registration requirements applicable to your activities and the loan types that you originate). Aviso, at its sole discretion, has the right to remove User information or rescind access to the Site without notice.
General Eligibility
This Site is intended for individuals who are residents of the United States and at least eighteen (18) years of age, and any access by individuals who are under the age of 18 is in violation of these Terms of Use. If you are under 18, please exit this Site now. By using the Site, you represent that you are a resident of the United States and 18 or older, and that you agree to abide by all of the terms and conditions of these Terms of Use. Unauthorized use of the Site or Services, including unauthorized access of Aviso’s systems and misuse of passwords or Site information is strictly prohibited. If you violate any of these Terms of Use or any other agreement between you and Aviso, then Aviso may restrict, suspend, or terminate your access to any portion or all of the Site and Services without notice.
Privacy
Your privacy is very important to us. Please carefully read Aviso’s Privacy Policy (available at www.LenderPortal.com/privacy-policy ), which details how Aviso treats your personal information.
Service Rights and Restrictions, Intellectual Property
All material and content on this Site and the Services, including but not limited to text, data, articles, designs, software, photos, images, and other information (collectively the “Site Content”) are proprietary to, and the property of, Aviso or the relevant third-party owner, with all rights reserved. You may not use, copy, reproduce, distribute, republish, display, post, transmit, or sell Site Content in any form or by any means without the express prior written approval of Aviso or the respective owners of such Site Content. You acknowledge that all Site Content is and shall remain the sole property of Aviso or the relevant owner. You may only access and use the Site and the Services for their intended purpose, and any access to, or use of, the Site or Services that is not expressly authorized herein is strictly prohibited. Nothing on this Site should be construed as granting the User any license or right to use any Site Content within the Services or the Site, whether owned by Aviso or a third party, without prior written approval of Aviso or the respective owner. All third-party marks, products, and company names are property of their respective owners. Unless expressly provided, use of such marks does not imply any affiliation with, endorsement by, or association of any kind between such owners and Aviso.
Consent to Conduct Business Electronically
Because Aviso operates its platform online and conducts its business solely through the Internet, you must consent to receive all disclosures, notices, documents, agreements, and information associated with the Services (“Communications”) electronically in order to transact business with us. This section informs you of your rights when receiving electronic Communications from Aviso.
Electronic Communications.
You agree that Aviso, its agents and representatives, may provide all Communications to you electronically via email or through our Site. You may still request a paper copy of any Communication by following the procedure outlined below.
Access/Software Requirements.
In order to access and receive electronic Communications, you must have: (1) a valid email address and phone number; (2) a computer or other mobile device (such as tablet or smartphone); (3) a connection to the Internet; and (4) the latest, current version of Chrome, Safari, Firefox, or Microsoft Edge web browser.
Additional Mobile Technology Requirements.
If you access our Site and Communications electronically via a mobile device (such as a smart phone or tablet), in addition to the above requirements you must make sure that you have software on your mobile device that allows you to print and save the Communications presented to you. If you do not have these capabilities on your mobile device, please access our Site through a device that provides these capabilities.
Requesting a Paper Copy.
You may request from us a paper copy of any Communication that we have provided or made available to you electronically without charge, provided that such request is made within a reasonable time after we first provided the Communication to you. To request paper copies, you must send an e-mail to info@lenderportal.com with the subject line "Paper Copy Request" and in the body of the e-mail you must state your e-mail address, full name, US Postal address, and telephone number.
Withdrawing Consent. You may withdraw your consent to receive future Communications electronically by sending an email to info@lenderportal.com with the subject line "Withdraw Electronic Consent" and including your full name, US Postal Address, email address, and telephone number in the body of the email. Your withdrawal of consent will be effective only after we have had a reasonable period to process your request.
Telephone and SMS (text messaging).
We collect and use your personal information, including your mobile phone number, in order to provide you with our services, including but not limited to sending you communications such as alerts, updates, marketing messages, and transactional notifications. By providing your personal information and mobile number, you consent to receive automated text messages, calls, or other electronic communications from us or our service providers, including messages sent using an automatic telephone dialing system or artificial voice technology. You certify, warrant, and represent that the telephone numbers you provided us are your numbers and not someone else’s. You represent that you are permitted to receive calls at each telephone number you provided.
By submitting your mobile number to us, you consent to receive messages through an A2P 10DLC (Application-to-Person 10-Digit Long Code) system. Such messages may include but are not limited to, loan reminders, payment alerts, marketing messages, and other important service-related notifications. These communications are facilitated through third-party service providers, including Twilio, Inc., who process your mobile number and message content on our behalf.
You acknowledge that by providing your mobile phone number and consenting to receive text messages, you are expressly agreeing to receive messages from us via an A2P messaging platform, including messages that may be sent using automated technology. Standard messaging and data rates may apply. You understand that this consent is not a condition of purchasing any product or service.
You may opt out of receiving automated text messages at any time by replying "STOP" to any text message received from us, or by contacting us at info@lenderportal.com (202) 838-4000. If you opt out, you will no longer receive such messages unless you subsequently provide us with your express consent to resume messaging.
We may share your mobile phone number and other personal information with third-party service providers, including Twilio, Inc., to facilitate automated communications (such as A2P messaging). These service providers are bound by confidentiality agreements and are only authorized to use your personal information for the purposes of facilitating such communications on our behalf.
We implement reasonable security measures to protect your personal information, including your mobile phone number, from unauthorized access, use, or disclosure. Our third-party service providers, including Twilio, Inc., are also required to implement appropriate security measures to protect your information while processing it for the purposes described in this policy.
If you have any questions or concerns regarding this Privacy Policy or our communications practices, including those related to A2P messaging, please contact us at info@lenderportal.com (202) 838-4000.
Copyright Complaints
If you believe that any material on the Site infringes upon any copyright that you own or control, you may send a written notification to us via email at info@lenderportal.com or via regular mail at Aviso Technology Inc. One Thomas Circle NW, Suite 700, Washington DC, 20005. In your notification, please:
Confirm that you are the owner, or authorized to act on behalf of the owner, of the copyrighted work that has been infringed;
Identify the copyrighted work or works that you claim have been infringed;
Identify the material that you claim is infringing or is the subject of infringing activity and that is to be removed (please include information reasonably sufficient to permit us to locate the material);
Provide your contact details, including an email address; and
Provide a statement that the information you have provided is accurate and 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.
Feedback/Suggestions/Interaction with Site
If you choose to submit input, comments, suggestions, ideas, surveys, feedback or other information about the Services ("Feedback") to Aviso, you grant Aviso the right to exploit the Feedback in any manner and for any purposes and agree the Feedback shall be the sole property of Aviso. You further agree that Aviso can use the Feedback without any restriction, acknowledgement, or compensation to you. Aviso shall own all exclusive rights, title and interest, all developments based upon, and all intellectual property in the Feedback. You hereby assign and agree to assign to us all rights, title, and interest, all developments, and all intellectual property you may have in such Feedback. To the extent that you interact with any Site features (such as chat tools), you agree that we may use system-generated/machine-learning tools to interpret and/or respond to your inquiries/interactions.
Third-Party Providers and Websites
Aviso may rely on third-party providers to assist us in making the Services available to you. The Site may contain links to sites and resources provided by third parties. We are not responsible for the information practices employed by sites linked to or from our Site. Your use of such features constitutes your agreement to be bound by the additional terms and conditions and the privacy policies, as applicable, of relevant third-party providers. You should review the privacy policies and terms and conditions of such third party prior to use of those features and providing any personal information. By selecting and utilizing those features as part of the Services, you acknowledge that we and our third-party providers may access your account on your behalf and to gather information about you and that the third-party may transfer, store, and process your information in accordance with their respective privacy policies. You further agree Aviso has no liability arising from your use of third-party provider software or websites.
Permitted Use
You agree to use the Site only for purposes that are permitted by these Terms of Use in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Site for your non-exclusive, non-assignable, non-transferable, and limited use, and no other purposes. You will not (and will not attempt to):
Gain unauthorized access to our computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site, our services, our networks, and/or our computer systems;
Access the Site through any automated means or with any automated features or devices (including use of scripts or web crawlers);
Access or collect any personally identifiable information, including any names, email addresses, or other such information for any purpose, including, without limitation, commercial purposes;
Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site for any purpose; and
Reproduce, duplicate, copy, sell, trade, or resell any products or services bearing any trademark, service mark, trade name, logo, or service mark owned by us in a way that is likely or intended to confuse the owner or authorized user of such marks, names or logos.
Post any content that violates any rules or regulations we put in place from time to time.
Post any content that violates the rights of any other users or any other third party.
Post or introduce any harmful code or features.
Post any obscene or otherwise offensive or disrespectful material.
Post any material that we deem offensive or disrespectful to other users.
You use this Site at your own risk. You agree that you will be personally responsible for your use of this Site and all of your communication and activity on the Site. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated these Terms of Use, we may remove any or all of the material you post and/or deny you access to this Site on a temporary or permanent basis, and any decision to do so is final.
Disclaimer of Warranties
Aviso provides the site and services “as is” and “as available” without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Additionally, Aviso makes no claim or guarantee as to the accuracy of any information provided on the site. Aviso further makes no warranty of any kind with respect to any third-party provider software or websites used by you in connection with the services.
Limitation of Liability
In no event will Aviso or its directors, officers, employees, or agents be liable to you or to any other party for lost profits or any other special, consequential, incidental, or indirect damages arising from your use of the site or services, even if aviso is aware or has been advised of the possibility of such damages. To the extent allowed by applicable law, Aviso’s liability to you for any cause of action regardless of form will at all times be limited to the amount paid by you to Aviso, if any, and in no case shall Aviso’s liability to you exceed $1,000.00.
Indemnification
You agree to indemnify, defend, and hold harmless Aviso and its affiliates, officers, directors, employees, agents, and representatives for damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees), arising in connection with any claim, suit, proceeding, or other action arising from your use of the Site or Services, your conduct in connection with your use of the Site or Services, your use of third-party provider software or websites in connection with your use of the Site or Services, or any violation of these Terms of Use or of any law or the rights of any third party.
Force Majeure
We are not liable for any delays caused by circumstances beyond our control, e.g., general labor disputes, extreme weather, acts of war, fire, pandemics, lightning, terrorist attacks, changed governmental orders, technical problems, defects in power/communications networks, or other circumstances outside of our control.
Term and Termination
These Terms of Use become effective the date that you first access the Site and remain effective until terminated consistent with the terms herein. We may terminate your access to Services at any time upon notice to you (by email to your email address in our records). You may terminate your access to services by providing 10 days’ advance written notice to us. Violations of these Terms of Use may result in the immediate termination of your access to the Site. Such restrictions may be temporary or permanent. All disclaimers, limitations of liability, indemnities, and rights of ownership to Aviso shall survive any termination.
Waiver
Aviso’s failure or delay in exercising any right, power, or remedy under these Terms of Use shall not operate as a waiver of any such right, power, or remedy.
Changes and Modifications
Aviso reserves the right in its sole discretion to temporarily or permanently change or modify these Terms of Use or discontinue the Site, or any portion of the Site, for any reason, at any time without notice to you. Please review these Terms of Use from time to time because your continued access or use of the Site after any modifications have become effective shall be deemed your conclusive acceptance of the modified Terms of Use.
Miscellaneous
Assignment.
These Terms of Use may not be assigned by you without the prior written consent of Aviso.
Amendments; Waivers.
No amendment, modification, or waiver of any provision of these Terms of Use shall be binding unless in writing and signed by Aviso and the party against whom the operation of such amendment, modification, or waiver is sought to the enforced. No delay in the exercise of any right shall be deemed a waiver thereof, nor shall the waiver of a right or remedy in a particular instance constitute a waiver of such right or remedy generally.
Notices.
Any notice or document required or permitted to be given hereunder shall be deemed to be given on the date such notice is (i) for notices from Aviso to you, sent to your email address in Aviso’s records; or (ii) for notices from you to Aviso, deposited with a commercial overnight delivery service, to Aviso at: 1 Thomas Circle NW, Suite 700 Washington DC, 20005; or such other address or addresses as Aviso may designate from time-to-time by notice satisfactory under this section.
Governing Law/Venue.
This Agreement shall be governed by the internal laws of the State of Delaware without giving effect to the principles of conflicts of laws. The venue for any disputes will be in the state or federal courts located in Delaware.
Binding Effect
These Terms of Use shall inure to the benefit of the respective heirs legal representatives and permitted assigns of each party, and shall be binding upon the heirs, legal representatives, successors and assigns of each party. Any individual agreeing to these Terms of Use on behalf of an entity or other organization represents and warrants that such individual is duly authorized to act for such entity/organization and the obligations hereunder will be those of such entity/organization.
Titles and Captions.
All articles, section and paragraph titles and captions contained herein are for convenience only and are not deemed a part of the context hereof.
Pronouns and Plurals.
All pronouns and any variations thereof are deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the persons may require.
Entire Agreement.
These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings with respect to such subject matter.
Severability.
If any provision of these Terms of Use shall be declared invalid or illegal for any reason whatsoever, then, notwithstanding such invalidity or illegality, the remaining terms and provisions of these Terms of Use shall remain in full force and effect in the same manner as if the invalid or illegal provisions had not been contained herein.
Cumulative Rights/Remedies.
All rights and remedies available to each party hereunder shall be cumulative and in addition to any other rights or remedies to which such party may be entitled at law or in equity.
Contacting Us
If you have questions, comments, or complaints regarding these Terms of Use, the Site, or Services, you may call us at (202) 838-4000 email us at info@lenderportal.com or write to Aviso, 1 Thomas Circle NW, Suite 700, Washington DC, 20005.
Terms of Use
November 1st, 2024
Please read the following terms of use carefully. By accessing and using this site (as defined below), you agree to be bound by the terms of use below. These terms of use are subject to change. Any changes will be posted to the site. If you disagree with these terms, then you do not have permission to access the site.
You are currently using a website, mobile application, or other online or mobile service that links to or otherwise presents these Terms of Use to you, in each case a Site owned and/or operated by Aviso Technology Inc., dba LenderPortal® (“Aviso,” “we,” or “us”), and any affiliated entities (collectively “Aviso”) and the names at www.LenderPortal.com (each, a “Site”). This Site and any of the services provided by Aviso in connection with this Site (“Services”) are provided expressly subject to these Terms of Use. By accessing the Site, you (“User”) acknowledge that you have read, understand, and agree to be bound by these Terms of Use. If any provision contained in these Terms of Use conflicts with a provision contained in another agreement that you enter into with Aviso or related to the Aviso Services, the provision of the other agreement shall govern with respect to that specific aspect of the Site or Services.
Users
The Site is available to individuals who are seeking financing for a home purchase or refinance and loan originators and lenders who make or facilitate home purchase or refinance loans. Specific subscription terms that apply only to a particular type of User are detailed in these Terms of Use. Loan originator/lender Users will have the ability to designate an Administrator User who may add one or more sub-Users on behalf of an entity loan originator/lender User. Such entity loan originator/lender User will be responsible for all conduct on the Site of such sub-Users and such Administrator User. All Users must register for an account to access the offerings on the Site. Users in good standing will have issued a user ID and must assign a password to access the User’s account on the Site. Users are responsible for all use of such User’s access credentials on the Site.
Services
The Site enables Users to: (a) compile income and asset information for review by loan originators or lenders; (b) obtain estimates and information related to home purchase or refinance loan options; (c) (for loan originator/lender Users) view consumer User income/asset information; and (d) (for loan originator/lender Users) compile and submit loan package information to one or more third party lenders. The Site may offer Users the ability to obtain other products/services. Aviso is not a lender or broker and does not make loans or arrange loans and Aviso will have no responsibility for loan application materials that are submitted to one or more third party lenders. Aviso will also have no responsibility to any party for the content of any materials posted on the Site by any party.
Duties of Users of the Site
You agree that any information submitted through the Site will be accurate and complete and will comply with any rules and regulations that Aviso may put in place from time to time concerning submission format and content (including submitting accurate data in all Mortgage Call Reports that the Site generates or any other tool/service that Aviso makes available through the Site). You agree to comply with any and all applicable local, state and federal laws, statutes, rules, regulations, ordinances and other provisions of law applicable to your respective conduct and interactions through the Site and with any other party (including compliance with any applicable licensing/registration requirements applicable to your activities and the loan types that you originate). Aviso, at its sole discretion, has the right to remove User information or rescind access to the Site without notice.
General Eligibility
This Site is intended for individuals who are residents of the United States and at least eighteen (18) years of age, and any access by individuals who are under the age of 18 is in violation of these Terms of Use. If you are under 18, please exit this Site now. By using the Site, you represent that you are a resident of the United States and 18 or older, and that you agree to abide by all of the terms and conditions of these Terms of Use. Unauthorized use of the Site or Services, including unauthorized access of Aviso’s systems and misuse of passwords or Site information is strictly prohibited. If you violate any of these Terms of Use or any other agreement between you and Aviso, then Aviso may restrict, suspend, or terminate your access to any portion or all of the Site and Services without notice.
Privacy
Your privacy is very important to us. Please carefully read Aviso’s Privacy Policy (available at www.LenderPortal.com/privacy-policy ), which details how Aviso treats your personal information.
Service Rights and Restrictions, Intellectual Property
All material and content on this Site and the Services, including but not limited to text, data, articles, designs, software, photos, images, and other information (collectively the “Site Content”) are proprietary to, and the property of, Aviso or the relevant third-party owner, with all rights reserved. You may not use, copy, reproduce, distribute, republish, display, post, transmit, or sell Site Content in any form or by any means without the express prior written approval of Aviso or the respective owners of such Site Content. You acknowledge that all Site Content is and shall remain the sole property of Aviso or the relevant owner. You may only access and use the Site and the Services for their intended purpose, and any access to, or use of, the Site or Services that is not expressly authorized herein is strictly prohibited. Nothing on this Site should be construed as granting the User any license or right to use any Site Content within the Services or the Site, whether owned by Aviso or a third party, without prior written approval of Aviso or the respective owner. All third-party marks, products, and company names are property of their respective owners. Unless expressly provided, use of such marks does not imply any affiliation with, endorsement by, or association of any kind between such owners and Aviso.
Consent to Conduct Business Electronically
Because Aviso operates its platform online and conducts its business solely through the Internet, you must consent to receive all disclosures, notices, documents, agreements, and information associated with the Services (“Communications”) electronically in order to transact business with us. This section informs you of your rights when receiving electronic Communications from Aviso.
Electronic Communications.
You agree that Aviso, its agents and representatives, may provide all Communications to you electronically via email or through our Site. You may still request a paper copy of any Communication by following the procedure outlined below.
Access/Software Requirements.
In order to access and receive electronic Communications, you must have: (1) a valid email address and phone number; (2) a computer or other mobile device (such as tablet or smartphone); (3) a connection to the Internet; and (4) the latest, current version of Chrome, Safari, Firefox, or Microsoft Edge web browser.
Additional Mobile Technology Requirements.
If you access our Site and Communications electronically via a mobile device (such as a smart phone or tablet), in addition to the above requirements you must make sure that you have software on your mobile device that allows you to print and save the Communications presented to you. If you do not have these capabilities on your mobile device, please access our Site through a device that provides these capabilities.
Requesting a Paper Copy.
You may request from us a paper copy of any Communication that we have provided or made available to you electronically without charge, provided that such request is made within a reasonable time after we first provided the Communication to you. To request paper copies, you must send an e-mail to info@lenderportal.com with the subject line "Paper Copy Request" and in the body of the e-mail you must state your e-mail address, full name, US Postal address, and telephone number.
Withdrawing Consent. You may withdraw your consent to receive future Communications electronically by sending an email to info@lenderportal.com with the subject line "Withdraw Electronic Consent" and including your full name, US Postal Address, email address, and telephone number in the body of the email. Your withdrawal of consent will be effective only after we have had a reasonable period to process your request.
Telephone and SMS (text messaging).
We collect and use your personal information, including your mobile phone number, in order to provide you with our services, including but not limited to sending you communications such as alerts, updates, marketing messages, and transactional notifications. By providing your personal information and mobile number, you consent to receive automated text messages, calls, or other electronic communications from us or our service providers, including messages sent using an automatic telephone dialing system or artificial voice technology. You certify, warrant, and represent that the telephone numbers you provided us are your numbers and not someone else’s. You represent that you are permitted to receive calls at each telephone number you provided.
By submitting your mobile number to us, you consent to receive messages through an A2P 10DLC (Application-to-Person 10-Digit Long Code) system. Such messages may include but are not limited to, loan reminders, payment alerts, marketing messages, and other important service-related notifications. These communications are facilitated through third-party service providers, including Twilio, Inc., who process your mobile number and message content on our behalf.
You acknowledge that by providing your mobile phone number and consenting to receive text messages, you are expressly agreeing to receive messages from us via an A2P messaging platform, including messages that may be sent using automated technology. Standard messaging and data rates may apply. You understand that this consent is not a condition of purchasing any product or service.
You may opt out of receiving automated text messages at any time by replying "STOP" to any text message received from us, or by contacting us at info@lenderportal.com (202) 838-4000. If you opt out, you will no longer receive such messages unless you subsequently provide us with your express consent to resume messaging.
We may share your mobile phone number and other personal information with third-party service providers, including Twilio, Inc., to facilitate automated communications (such as A2P messaging). These service providers are bound by confidentiality agreements and are only authorized to use your personal information for the purposes of facilitating such communications on our behalf.
We implement reasonable security measures to protect your personal information, including your mobile phone number, from unauthorized access, use, or disclosure. Our third-party service providers, including Twilio, Inc., are also required to implement appropriate security measures to protect your information while processing it for the purposes described in this policy.
If you have any questions or concerns regarding this Privacy Policy or our communications practices, including those related to A2P messaging, please contact us at info@lenderportal.com (202) 838-4000.
Copyright Complaints
If you believe that any material on the Site infringes upon any copyright that you own or control, you may send a written notification to us via email at info@lenderportal.com or via regular mail at Aviso Technology Inc. One Thomas Circle NW, Suite 700, Washington DC, 20005. In your notification, please:
Confirm that you are the owner, or authorized to act on behalf of the owner, of the copyrighted work that has been infringed;
Identify the copyrighted work or works that you claim have been infringed;
Identify the material that you claim is infringing or is the subject of infringing activity and that is to be removed (please include information reasonably sufficient to permit us to locate the material);
Provide your contact details, including an email address; and
Provide a statement that the information you have provided is accurate and 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.
Feedback/Suggestions/Interaction with Site
If you choose to submit input, comments, suggestions, ideas, surveys, feedback or other information about the Services ("Feedback") to Aviso, you grant Aviso the right to exploit the Feedback in any manner and for any purposes and agree the Feedback shall be the sole property of Aviso. You further agree that Aviso can use the Feedback without any restriction, acknowledgement, or compensation to you. Aviso shall own all exclusive rights, title and interest, all developments based upon, and all intellectual property in the Feedback. You hereby assign and agree to assign to us all rights, title, and interest, all developments, and all intellectual property you may have in such Feedback. To the extent that you interact with any Site features (such as chat tools), you agree that we may use system-generated/machine-learning tools to interpret and/or respond to your inquiries/interactions.
Third-Party Providers and Websites
Aviso may rely on third-party providers to assist us in making the Services available to you. The Site may contain links to sites and resources provided by third parties. We are not responsible for the information practices employed by sites linked to or from our Site. Your use of such features constitutes your agreement to be bound by the additional terms and conditions and the privacy policies, as applicable, of relevant third-party providers. You should review the privacy policies and terms and conditions of such third party prior to use of those features and providing any personal information. By selecting and utilizing those features as part of the Services, you acknowledge that we and our third-party providers may access your account on your behalf and to gather information about you and that the third-party may transfer, store, and process your information in accordance with their respective privacy policies. You further agree Aviso has no liability arising from your use of third-party provider software or websites.
Permitted Use
You agree to use the Site only for purposes that are permitted by these Terms of Use in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Site for your non-exclusive, non-assignable, non-transferable, and limited use, and no other purposes. You will not (and will not attempt to):
Gain unauthorized access to our computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site, our services, our networks, and/or our computer systems;
Access the Site through any automated means or with any automated features or devices (including use of scripts or web crawlers);
Access or collect any personally identifiable information, including any names, email addresses, or other such information for any purpose, including, without limitation, commercial purposes;
Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site for any purpose; and
Reproduce, duplicate, copy, sell, trade, or resell any products or services bearing any trademark, service mark, trade name, logo, or service mark owned by us in a way that is likely or intended to confuse the owner or authorized user of such marks, names or logos.
Post any content that violates any rules or regulations we put in place from time to time.
Post any content that violates the rights of any other users or any other third party.
Post or introduce any harmful code or features.
Post any obscene or otherwise offensive or disrespectful material.
Post any material that we deem offensive or disrespectful to other users.
You use this Site at your own risk. You agree that you will be personally responsible for your use of this Site and all of your communication and activity on the Site. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated these Terms of Use, we may remove any or all of the material you post and/or deny you access to this Site on a temporary or permanent basis, and any decision to do so is final.
Disclaimer of Warranties
Aviso provides the site and services “as is” and “as available” without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Additionally, Aviso makes no claim or guarantee as to the accuracy of any information provided on the site. Aviso further makes no warranty of any kind with respect to any third-party provider software or websites used by you in connection with the services.
Limitation of Liability
In no event will Aviso or its directors, officers, employees, or agents be liable to you or to any other party for lost profits or any other special, consequential, incidental, or indirect damages arising from your use of the site or services, even if aviso is aware or has been advised of the possibility of such damages. To the extent allowed by applicable law, Aviso’s liability to you for any cause of action regardless of form will at all times be limited to the amount paid by you to Aviso, if any, and in no case shall Aviso’s liability to you exceed $1,000.00.
Indemnification
You agree to indemnify, defend, and hold harmless Aviso and its affiliates, officers, directors, employees, agents, and representatives for damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees), arising in connection with any claim, suit, proceeding, or other action arising from your use of the Site or Services, your conduct in connection with your use of the Site or Services, your use of third-party provider software or websites in connection with your use of the Site or Services, or any violation of these Terms of Use or of any law or the rights of any third party.
Force Majeure
We are not liable for any delays caused by circumstances beyond our control, e.g., general labor disputes, extreme weather, acts of war, fire, pandemics, lightning, terrorist attacks, changed governmental orders, technical problems, defects in power/communications networks, or other circumstances outside of our control.
Term and Termination
These Terms of Use become effective the date that you first access the Site and remain effective until terminated consistent with the terms herein. We may terminate your access to Services at any time upon notice to you (by email to your email address in our records). You may terminate your access to services by providing 10 days’ advance written notice to us. Violations of these Terms of Use may result in the immediate termination of your access to the Site. Such restrictions may be temporary or permanent. All disclaimers, limitations of liability, indemnities, and rights of ownership to Aviso shall survive any termination.
Waiver
Aviso’s failure or delay in exercising any right, power, or remedy under these Terms of Use shall not operate as a waiver of any such right, power, or remedy.
Changes and Modifications
Aviso reserves the right in its sole discretion to temporarily or permanently change or modify these Terms of Use or discontinue the Site, or any portion of the Site, for any reason, at any time without notice to you. Please review these Terms of Use from time to time because your continued access or use of the Site after any modifications have become effective shall be deemed your conclusive acceptance of the modified Terms of Use.
Miscellaneous
Assignment.
These Terms of Use may not be assigned by you without the prior written consent of Aviso.
Amendments; Waivers.
No amendment, modification, or waiver of any provision of these Terms of Use shall be binding unless in writing and signed by Aviso and the party against whom the operation of such amendment, modification, or waiver is sought to the enforced. No delay in the exercise of any right shall be deemed a waiver thereof, nor shall the waiver of a right or remedy in a particular instance constitute a waiver of such right or remedy generally.
Notices.
Any notice or document required or permitted to be given hereunder shall be deemed to be given on the date such notice is (i) for notices from Aviso to you, sent to your email address in Aviso’s records; or (ii) for notices from you to Aviso, deposited with a commercial overnight delivery service, to Aviso at: 1 Thomas Circle NW, Suite 700 Washington DC, 20005; or such other address or addresses as Aviso may designate from time-to-time by notice satisfactory under this section.
Governing Law/Venue.
This Agreement shall be governed by the internal laws of the State of Delaware without giving effect to the principles of conflicts of laws. The venue for any disputes will be in the state or federal courts located in Delaware.
Binding Effect
These Terms of Use shall inure to the benefit of the respective heirs legal representatives and permitted assigns of each party, and shall be binding upon the heirs, legal representatives, successors and assigns of each party. Any individual agreeing to these Terms of Use on behalf of an entity or other organization represents and warrants that such individual is duly authorized to act for such entity/organization and the obligations hereunder will be those of such entity/organization.
Titles and Captions.
All articles, section and paragraph titles and captions contained herein are for convenience only and are not deemed a part of the context hereof.
Pronouns and Plurals.
All pronouns and any variations thereof are deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the persons may require.
Entire Agreement.
These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings with respect to such subject matter.
Severability.
If any provision of these Terms of Use shall be declared invalid or illegal for any reason whatsoever, then, notwithstanding such invalidity or illegality, the remaining terms and provisions of these Terms of Use shall remain in full force and effect in the same manner as if the invalid or illegal provisions had not been contained herein.
Cumulative Rights/Remedies.
All rights and remedies available to each party hereunder shall be cumulative and in addition to any other rights or remedies to which such party may be entitled at law or in equity.
Contacting Us
If you have questions, comments, or complaints regarding these Terms of Use, the Site, or Services, you may call us at (202) 838-4000 email us at info@lenderportal.com or write to Aviso, 1 Thomas Circle NW, Suite 700, Washington DC, 20005.
Terms of Use
November 1st, 2024
Please read the following terms of use carefully. By accessing and using this site (as defined below), you agree to be bound by the terms of use below. These terms of use are subject to change. Any changes will be posted to the site. If you disagree with these terms, then you do not have permission to access the site.
You are currently using a website, mobile application, or other online or mobile service that links to or otherwise presents these Terms of Use to you, in each case a Site owned and/or operated by Aviso Technology Inc., dba LenderPortal® (“Aviso,” “we,” or “us”), and any affiliated entities (collectively “Aviso”) and the names at www.LenderPortal.com (each, a “Site”). This Site and any of the services provided by Aviso in connection with this Site (“Services”) are provided expressly subject to these Terms of Use. By accessing the Site, you (“User”) acknowledge that you have read, understand, and agree to be bound by these Terms of Use. If any provision contained in these Terms of Use conflicts with a provision contained in another agreement that you enter into with Aviso or related to the Aviso Services, the provision of the other agreement shall govern with respect to that specific aspect of the Site or Services.
Users
The Site is available to individuals who are seeking financing for a home purchase or refinance and loan originators and lenders who make or facilitate home purchase or refinance loans. Specific subscription terms that apply only to a particular type of User are detailed in these Terms of Use. Loan originator/lender Users will have the ability to designate an Administrator User who may add one or more sub-Users on behalf of an entity loan originator/lender User. Such entity loan originator/lender User will be responsible for all conduct on the Site of such sub-Users and such Administrator User. All Users must register for an account to access the offerings on the Site. Users in good standing will have issued a user ID and must assign a password to access the User’s account on the Site. Users are responsible for all use of such User’s access credentials on the Site.
Services
The Site enables Users to: (a) compile income and asset information for review by loan originators or lenders; (b) obtain estimates and information related to home purchase or refinance loan options; (c) (for loan originator/lender Users) view consumer User income/asset information; and (d) (for loan originator/lender Users) compile and submit loan package information to one or more third party lenders. The Site may offer Users the ability to obtain other products/services. Aviso is not a lender or broker and does not make loans or arrange loans and Aviso will have no responsibility for loan application materials that are submitted to one or more third party lenders. Aviso will also have no responsibility to any party for the content of any materials posted on the Site by any party.
Duties of Users of the Site
You agree that any information submitted through the Site will be accurate and complete and will comply with any rules and regulations that Aviso may put in place from time to time concerning submission format and content (including submitting accurate data in all Mortgage Call Reports that the Site generates or any other tool/service that Aviso makes available through the Site). You agree to comply with any and all applicable local, state and federal laws, statutes, rules, regulations, ordinances and other provisions of law applicable to your respective conduct and interactions through the Site and with any other party (including compliance with any applicable licensing/registration requirements applicable to your activities and the loan types that you originate). Aviso, at its sole discretion, has the right to remove User information or rescind access to the Site without notice.
General Eligibility
This Site is intended for individuals who are residents of the United States and at least eighteen (18) years of age, and any access by individuals who are under the age of 18 is in violation of these Terms of Use. If you are under 18, please exit this Site now. By using the Site, you represent that you are a resident of the United States and 18 or older, and that you agree to abide by all of the terms and conditions of these Terms of Use. Unauthorized use of the Site or Services, including unauthorized access of Aviso’s systems and misuse of passwords or Site information is strictly prohibited. If you violate any of these Terms of Use or any other agreement between you and Aviso, then Aviso may restrict, suspend, or terminate your access to any portion or all of the Site and Services without notice.
Privacy
Your privacy is very important to us. Please carefully read Aviso’s Privacy Policy (available at www.LenderPortal.com/privacy-policy ), which details how Aviso treats your personal information.
Service Rights and Restrictions, Intellectual Property
All material and content on this Site and the Services, including but not limited to text, data, articles, designs, software, photos, images, and other information (collectively the “Site Content”) are proprietary to, and the property of, Aviso or the relevant third-party owner, with all rights reserved. You may not use, copy, reproduce, distribute, republish, display, post, transmit, or sell Site Content in any form or by any means without the express prior written approval of Aviso or the respective owners of such Site Content. You acknowledge that all Site Content is and shall remain the sole property of Aviso or the relevant owner. You may only access and use the Site and the Services for their intended purpose, and any access to, or use of, the Site or Services that is not expressly authorized herein is strictly prohibited. Nothing on this Site should be construed as granting the User any license or right to use any Site Content within the Services or the Site, whether owned by Aviso or a third party, without prior written approval of Aviso or the respective owner. All third-party marks, products, and company names are property of their respective owners. Unless expressly provided, use of such marks does not imply any affiliation with, endorsement by, or association of any kind between such owners and Aviso.
Consent to Conduct Business Electronically
Because Aviso operates its platform online and conducts its business solely through the Internet, you must consent to receive all disclosures, notices, documents, agreements, and information associated with the Services (“Communications”) electronically in order to transact business with us. This section informs you of your rights when receiving electronic Communications from Aviso.
Electronic Communications.
You agree that Aviso, its agents and representatives, may provide all Communications to you electronically via email or through our Site. You may still request a paper copy of any Communication by following the procedure outlined below.
Access/Software Requirements.
In order to access and receive electronic Communications, you must have: (1) a valid email address and phone number; (2) a computer or other mobile device (such as tablet or smartphone); (3) a connection to the Internet; and (4) the latest, current version of Chrome, Safari, Firefox, or Microsoft Edge web browser.
Additional Mobile Technology Requirements.
If you access our Site and Communications electronically via a mobile device (such as a smart phone or tablet), in addition to the above requirements you must make sure that you have software on your mobile device that allows you to print and save the Communications presented to you. If you do not have these capabilities on your mobile device, please access our Site through a device that provides these capabilities.
Requesting a Paper Copy.
You may request from us a paper copy of any Communication that we have provided or made available to you electronically without charge, provided that such request is made within a reasonable time after we first provided the Communication to you. To request paper copies, you must send an e-mail to info@lenderportal.com with the subject line "Paper Copy Request" and in the body of the e-mail you must state your e-mail address, full name, US Postal address, and telephone number.
Withdrawing Consent. You may withdraw your consent to receive future Communications electronically by sending an email to info@lenderportal.com with the subject line "Withdraw Electronic Consent" and including your full name, US Postal Address, email address, and telephone number in the body of the email. Your withdrawal of consent will be effective only after we have had a reasonable period to process your request.
Telephone and SMS (text messaging).
We collect and use your personal information, including your mobile phone number, in order to provide you with our services, including but not limited to sending you communications such as alerts, updates, marketing messages, and transactional notifications. By providing your personal information and mobile number, you consent to receive automated text messages, calls, or other electronic communications from us or our service providers, including messages sent using an automatic telephone dialing system or artificial voice technology. You certify, warrant, and represent that the telephone numbers you provided us are your numbers and not someone else’s. You represent that you are permitted to receive calls at each telephone number you provided.
By submitting your mobile number to us, you consent to receive messages through an A2P 10DLC (Application-to-Person 10-Digit Long Code) system. Such messages may include but are not limited to, loan reminders, payment alerts, marketing messages, and other important service-related notifications. These communications are facilitated through third-party service providers, including Twilio, Inc., who process your mobile number and message content on our behalf.
You acknowledge that by providing your mobile phone number and consenting to receive text messages, you are expressly agreeing to receive messages from us via an A2P messaging platform, including messages that may be sent using automated technology. Standard messaging and data rates may apply. You understand that this consent is not a condition of purchasing any product or service.
You may opt out of receiving automated text messages at any time by replying "STOP" to any text message received from us, or by contacting us at info@lenderportal.com (202) 838-4000. If you opt out, you will no longer receive such messages unless you subsequently provide us with your express consent to resume messaging.
We may share your mobile phone number and other personal information with third-party service providers, including Twilio, Inc., to facilitate automated communications (such as A2P messaging). These service providers are bound by confidentiality agreements and are only authorized to use your personal information for the purposes of facilitating such communications on our behalf.
We implement reasonable security measures to protect your personal information, including your mobile phone number, from unauthorized access, use, or disclosure. Our third-party service providers, including Twilio, Inc., are also required to implement appropriate security measures to protect your information while processing it for the purposes described in this policy.
If you have any questions or concerns regarding this Privacy Policy or our communications practices, including those related to A2P messaging, please contact us at info@lenderportal.com (202) 838-4000.
Copyright Complaints
If you believe that any material on the Site infringes upon any copyright that you own or control, you may send a written notification to us via email at info@lenderportal.com or via regular mail at Aviso Technology Inc. One Thomas Circle NW, Suite 700, Washington DC, 20005. In your notification, please:
Confirm that you are the owner, or authorized to act on behalf of the owner, of the copyrighted work that has been infringed;
Identify the copyrighted work or works that you claim have been infringed;
Identify the material that you claim is infringing or is the subject of infringing activity and that is to be removed (please include information reasonably sufficient to permit us to locate the material);
Provide your contact details, including an email address; and
Provide a statement that the information you have provided is accurate and 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.
Feedback/Suggestions/Interaction with Site
If you choose to submit input, comments, suggestions, ideas, surveys, feedback or other information about the Services ("Feedback") to Aviso, you grant Aviso the right to exploit the Feedback in any manner and for any purposes and agree the Feedback shall be the sole property of Aviso. You further agree that Aviso can use the Feedback without any restriction, acknowledgement, or compensation to you. Aviso shall own all exclusive rights, title and interest, all developments based upon, and all intellectual property in the Feedback. You hereby assign and agree to assign to us all rights, title, and interest, all developments, and all intellectual property you may have in such Feedback. To the extent that you interact with any Site features (such as chat tools), you agree that we may use system-generated/machine-learning tools to interpret and/or respond to your inquiries/interactions.
Third-Party Providers and Websites
Aviso may rely on third-party providers to assist us in making the Services available to you. The Site may contain links to sites and resources provided by third parties. We are not responsible for the information practices employed by sites linked to or from our Site. Your use of such features constitutes your agreement to be bound by the additional terms and conditions and the privacy policies, as applicable, of relevant third-party providers. You should review the privacy policies and terms and conditions of such third party prior to use of those features and providing any personal information. By selecting and utilizing those features as part of the Services, you acknowledge that we and our third-party providers may access your account on your behalf and to gather information about you and that the third-party may transfer, store, and process your information in accordance with their respective privacy policies. You further agree Aviso has no liability arising from your use of third-party provider software or websites.
Permitted Use
You agree to use the Site only for purposes that are permitted by these Terms of Use in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Site for your non-exclusive, non-assignable, non-transferable, and limited use, and no other purposes. You will not (and will not attempt to):
Gain unauthorized access to our computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site, our services, our networks, and/or our computer systems;
Access the Site through any automated means or with any automated features or devices (including use of scripts or web crawlers);
Access or collect any personally identifiable information, including any names, email addresses, or other such information for any purpose, including, without limitation, commercial purposes;
Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site for any purpose; and
Reproduce, duplicate, copy, sell, trade, or resell any products or services bearing any trademark, service mark, trade name, logo, or service mark owned by us in a way that is likely or intended to confuse the owner or authorized user of such marks, names or logos.
Post any content that violates any rules or regulations we put in place from time to time.
Post any content that violates the rights of any other users or any other third party.
Post or introduce any harmful code or features.
Post any obscene or otherwise offensive or disrespectful material.
Post any material that we deem offensive or disrespectful to other users.
You use this Site at your own risk. You agree that you will be personally responsible for your use of this Site and all of your communication and activity on the Site. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated these Terms of Use, we may remove any or all of the material you post and/or deny you access to this Site on a temporary or permanent basis, and any decision to do so is final.
Disclaimer of Warranties
Aviso provides the site and services “as is” and “as available” without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Additionally, Aviso makes no claim or guarantee as to the accuracy of any information provided on the site. Aviso further makes no warranty of any kind with respect to any third-party provider software or websites used by you in connection with the services.
Limitation of Liability
In no event will Aviso or its directors, officers, employees, or agents be liable to you or to any other party for lost profits or any other special, consequential, incidental, or indirect damages arising from your use of the site or services, even if aviso is aware or has been advised of the possibility of such damages. To the extent allowed by applicable law, Aviso’s liability to you for any cause of action regardless of form will at all times be limited to the amount paid by you to Aviso, if any, and in no case shall Aviso’s liability to you exceed $1,000.00.
Indemnification
You agree to indemnify, defend, and hold harmless Aviso and its affiliates, officers, directors, employees, agents, and representatives for damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees), arising in connection with any claim, suit, proceeding, or other action arising from your use of the Site or Services, your conduct in connection with your use of the Site or Services, your use of third-party provider software or websites in connection with your use of the Site or Services, or any violation of these Terms of Use or of any law or the rights of any third party.
Force Majeure
We are not liable for any delays caused by circumstances beyond our control, e.g., general labor disputes, extreme weather, acts of war, fire, pandemics, lightning, terrorist attacks, changed governmental orders, technical problems, defects in power/communications networks, or other circumstances outside of our control.
Term and Termination
These Terms of Use become effective the date that you first access the Site and remain effective until terminated consistent with the terms herein. We may terminate your access to Services at any time upon notice to you (by email to your email address in our records). You may terminate your access to services by providing 10 days’ advance written notice to us. Violations of these Terms of Use may result in the immediate termination of your access to the Site. Such restrictions may be temporary or permanent. All disclaimers, limitations of liability, indemnities, and rights of ownership to Aviso shall survive any termination.
Waiver
Aviso’s failure or delay in exercising any right, power, or remedy under these Terms of Use shall not operate as a waiver of any such right, power, or remedy.
Changes and Modifications
Aviso reserves the right in its sole discretion to temporarily or permanently change or modify these Terms of Use or discontinue the Site, or any portion of the Site, for any reason, at any time without notice to you. Please review these Terms of Use from time to time because your continued access or use of the Site after any modifications have become effective shall be deemed your conclusive acceptance of the modified Terms of Use.
Miscellaneous
Assignment.
These Terms of Use may not be assigned by you without the prior written consent of Aviso.
Amendments; Waivers.
No amendment, modification, or waiver of any provision of these Terms of Use shall be binding unless in writing and signed by Aviso and the party against whom the operation of such amendment, modification, or waiver is sought to the enforced. No delay in the exercise of any right shall be deemed a waiver thereof, nor shall the waiver of a right or remedy in a particular instance constitute a waiver of such right or remedy generally.
Notices.
Any notice or document required or permitted to be given hereunder shall be deemed to be given on the date such notice is (i) for notices from Aviso to you, sent to your email address in Aviso’s records; or (ii) for notices from you to Aviso, deposited with a commercial overnight delivery service, to Aviso at: 1 Thomas Circle NW, Suite 700 Washington DC, 20005; or such other address or addresses as Aviso may designate from time-to-time by notice satisfactory under this section.
Governing Law/Venue.
This Agreement shall be governed by the internal laws of the State of Delaware without giving effect to the principles of conflicts of laws. The venue for any disputes will be in the state or federal courts located in Delaware.
Binding Effect
These Terms of Use shall inure to the benefit of the respective heirs legal representatives and permitted assigns of each party, and shall be binding upon the heirs, legal representatives, successors and assigns of each party. Any individual agreeing to these Terms of Use on behalf of an entity or other organization represents and warrants that such individual is duly authorized to act for such entity/organization and the obligations hereunder will be those of such entity/organization.
Titles and Captions.
All articles, section and paragraph titles and captions contained herein are for convenience only and are not deemed a part of the context hereof.
Pronouns and Plurals.
All pronouns and any variations thereof are deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the persons may require.
Entire Agreement.
These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings with respect to such subject matter.
Severability.
If any provision of these Terms of Use shall be declared invalid or illegal for any reason whatsoever, then, notwithstanding such invalidity or illegality, the remaining terms and provisions of these Terms of Use shall remain in full force and effect in the same manner as if the invalid or illegal provisions had not been contained herein.
Cumulative Rights/Remedies.
All rights and remedies available to each party hereunder shall be cumulative and in addition to any other rights or remedies to which such party may be entitled at law or in equity.
Contacting Us
If you have questions, comments, or complaints regarding these Terms of Use, the Site, or Services, you may call us at (202) 838-4000 email us at info@lenderportal.com or write to Aviso, 1 Thomas Circle NW, Suite 700, Washington DC, 20005.
Simplifying The Mortgage Lending Process.
One Thomas Circle NW, Suite 700
Washington, DC 20005
(202)-838-4000
info@lenderportal.com
© 2024 Aviso Technology Inc. dba LenderPortal™ Trade/service marks are the property of Aviso Technology Inc. and/or its subsidiaries.
Simplifying The Mortgage Lending Process.
One Thomas Circle NW, Suite 700
Washington, DC 20005
(202)-838-4000
info@lenderportal.com
© 2024 Aviso Technology Inc. dba LenderPortal™ Trade/service marks are the property of Aviso Technology Inc. and/or its subsidiaries.
Simplifying The Mortgage Lending Process.
One Thomas Circle NW, Suite 700
Washington, DC 20005
(202)-838-4000
info@lenderportal.com
© 2024 Aviso Technology Inc. dba LenderPortal™ Trade/service marks are the property of Aviso Technology Inc. and/or its subsidiaries.
Simplifying The Mortgage Lending Process.
One Thomas Circle NW, Suite 700
Washington, DC 20005
(202)-838-4000
info@lenderportal.com
© 2024 Aviso Technology Inc. dba LenderPortal™ Trade/service marks are the property of Aviso Technology Inc. and/or its subsidiaries.
