Terms of Use for Qualifi

Terms of Use between user & Stearns® Lending, LLC ("Stearns")

This agreement ("Agreement") governs the use of the Qualifi® website, powered by Stearns ("Site"). It should be read carefully before accessing or using this Site. Stearns' corporate office is located at 4 Hutton Centre Drive, Santa Ana, CA 92707.

By accessing or using the Site, you agree to be bound by this Agreement and the Terms of Use. If you do not consent, you may not use the Site or the services or products contained within the Site. Stearns provides the information, products and services on this Site to you, the user, conditioned upon your acceptance without modification of the terms, conditions and notices contained herein. Your use of this site, including clicking onto web pages beyond the homepage, whether or not you complete a transaction with Stearns, constitutes your acceptance and agreement to all such terms, conditions and notices.

This site is for general informational purposes. It is not a substitute for actual legal, investment or professional advice from a licensed competent individual in their field of expertise. The information and services offered on this Site are provided with the understanding that Stearns, is not engaged in rendering legal or other professional services or advice. Your use of the Site is subject to the additional disclaimers and notices that may appear throughout the Site.

Stearns and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based upon the information, services or other material on this Site. Stearns strives to keep the information on this Site accurate, complete and up-to-date; yet does not guarantee that is the most recent information available, nor do we guarantee that all opinions expressed or implied are accurate or reliable. The law and the application of the borrower's situation is unique to every situation and your situation needs to be individually analyzed. Stearns and its suppliers cannot guarantee, and will not be responsible for any damage or loss related to the accuracy, completeness or timeliness of the information presented or its application in your situation.

PRIVACY AND SECURITY

For information on how Stearns uses and protects the personal information that you may provide through this website, please visit: privacy policy Stearns may utilize third party providers in order to provide you services, and such third parties may process your personal information including payment information. While Stearns’ privacy policy governs our site and our use of your information, the privacy policy of the third party will govern with regard to their use of your personal information. We will not retain any credit card or other payment information supplied to third parties for payment processing.

COOKIES

Stearns’ Site may make use of "cookie" technology to measure site activity and to customize information to your personal tastes. A cookie is an element of data that a website can send to your browser, which may then store the cookie on your hard drive. Stearns may use stored cookies for certain aspects of the Site. The goal of this technology is to better serve you when visiting our Site, save you time when you are here and to provide you with a more productive experience. You may be able to set your browser to reject browser cookies. However, if you choose to reject cookies, you may not be able to access certain elements of the Site. So, if you set your browser options to disallow cookies, you will limit the functionality we can provide when you visit our Site. The latest versions of Internet browsers provide cookie management tools, such as the ability to delete or reject cookies. We recommend that you refer to browser providers for more specific information, including how to use these tools.

PERMITTED USE

  1. Your use of this Site is subject to and governed by these Terms of Use,
  2. You will only access or use this website and transact business with Stearns if you are at least 18 years old,
  3. You will comply with and be bound by the current Terms of Use each time you access and use this Site,
  4. These Terms of Use are a legally binding agreement between you and Stearns that are enforceable against you.

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

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

Personal and Noncommercial Use Limitation

You may access, download and print materials on this Site solely for your personal and non-commercial use.

No Unlawful or Prohibited Use

As a condition of your use of this Site, you warrant to Stearns, that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. If you violate any of these terms, your permission to use the Site automatically terminates.

Prohibited Uses

You are not authorized to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, use on any other web site, transfer or sell any information, software, lists of users, databases or other lists, products or services obtained from this Site. If and when requested by Stearns, you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of Stearns, you agree to refrain from accessing or attempting to access password protected, secure or non-public areas of this Site. Unauthorized individuals attempting to access prohibited areas of this Site will be held accountable and may be subject to prosecution as determined by appropriate police agencies.

Proprietary Rights

All materials on this Site, as well as visual appearance, content structure, layout and structure are owned and/or licensed by Stearns. No unauthorized reproduction, distribution, or transmission of the materials at this Site is permitted without the written permission of Stearns. All rights reserved. Stearns is a federally registered U.S. trademark, along with other trademarked names and logos on this Site ("Marks"). You agree not to display or use, in any manner, the Marks without the prior written permission of Stearns.

All content, Web pages, source code, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, "look and feel", and the operation of this website (collectively "Web Page Content") are protected by various intellectual property laws, including, but not limited to, copyrights, patents, trade secrets, trademarks, and service marks; and all rights associated with the Web Page Content are owned by Stearns, its licensors, or content providers. Furthermore, you acknowledge and agree that you do not acquire any ownership rights by downloading or viewing any Web Page Content. You further acknowledge and agree that you will not in any way copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, transmit, modify, adapt, reverse engineer, frame in any Web page, or alter the appearance of any Web Page Content.

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

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

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

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

COPYRIGHT INFRINGEMENT

Stearns is committed to protecting copyrights and users of the Site must also protect Stearns' copyrights. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on the Site infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe that any material on the Site infringes a copyright, or any valid intellectual property right, please provide the following information to Stearns.

 
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A physical or electronic signature that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
 
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Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are intended to be covered by a single notification, a complete list of such works and details or descriptions as to their locations within the Site;
 
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Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
 
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Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
 
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A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
 
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A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please provide this information to Stearns:

   By Mail:
   Stearns Lending, LLC
   4 Hutton Centre Drive, 10th Floor
   Santa Ana, CA 92707
   Attn: Chief Legal Officer
   By Email: LegalDepartment@stearns.com

Due to technology concerns, attachments cannot be accepted on notices sent via e-mail. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

Links To Third Party Sites

During your use of the Site or at any time in the process, you may be led to other websites operated by unaffiliated parties. Inclusion of hyperlinks by Stearns to third party websites does not imply any endorsement of the material on such web sites or any association with their operators, and you access and use such sites, including information, material, products and services therein, solely at your own risk. Stearns is not responsible for the quality or results or any product or service provided by these companies. As with all websites and all services, you should review their products and services carefully. Never give private information to any party or website or person that you have not completely investigated and established credibility. Stearns is not responsible for the use of the information that you give any third parties.

Liability Disclaimer

You use this Site at your own risk. If your use of this Site or the materials therein, and it results in costs accrued, damages to you, your computer, your property, requires maintenance, requires software downloads, the need for servicing or replacing property, equipment or data, Stearns will not be responsible for those costs.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. STEARNS, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY WITHOUT PRIOR NOTICE MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE INCLUDING BUT NOT LIMITED TO THE INFORMATION, SERVICES, PRODUCTS OR OTHER MATERIAL AT ANY TIME. ALL INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU AGREE THAT IN NO EVENT SHALL STEARNS, ITS AFFILIATES, THIRD PARTY PROVIDERS, AND/OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES OR INJURY CAUSED BY ERROR, INACCURACY, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, TELECOMMUNICATIONS FAILURE OR COMPUTER VIRUS OR OTHER PROBLEM, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS SITE, WHETHER IN AN ACTION ALLEGING BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS SITE. YOU AGREE THAT STEARNS SHALL NOT BE LIABLE EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL STEARNS’ TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN ACCESSING OR USING THIS SITE OF WEB PAGE CONTENT THEREON.

AS TO THE OPERATION OF THIS SITE, STEARNS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. STEARNS MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE OPERATION OF THIS SITE WILL MEET YOUR OR ANY OTHER USER'S REQUIREMENTS; (B) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) ANY DEFECTS IN THIS SITE WILL BE CORRECTED. YOU AGREE THAT YOU, AND NOT STEARNS, WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS SITE.

STEARNS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING TECHNOLOGICAL SUPPORT OR SERVICES PROVIDED BY THIRD PARTIES (i.e., SOFTWARE, HARDWARE, CONNECTIVITY, ETC.); ALL SUCH THIRD PARTY SERVICES ARE PROVIDED ON AN AS-IS BASIS, WITHOUT WARRANTY OF ANY KIND, AND SUBJECT TO THE LIMITATIONS HEREIN.

Indemnification

You agree to indemnify, defend and hold harmless Stearns, its affiliates and suppliers from any liability, loss, claim and expense (including attorney's reasonable fees) related to your violation of this Agreement.

COMMUNICATIONS WITH COMPANY

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

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

Credit Reports: By applying for credit, you are authorizing Stearns to obtain a copy of your credit report. As a result, a "hard" inquiry may appear on your credit report. A hard inquiry may negatively affect your credit score.

E-Signature: Your assent to a "click to accept" button or box is binding upon you. However, general communications through this Site, chat or via email are not intended by us to constitute either an electronic record or an electronic signature, or to constitute any agreement by the sender to conduct a transaction by electronic means, unless a specific statement to the contrary is included in the message and specific e-signature procedures are employed. Stearns may use third party providers in order to facilitate e-signatures, and consents for same will be provided.

Recording & Monitoring of Communications: Your communications with Stearns via the Site, chat, email, mobile app, and telephone (calls and/or texts) may be recorded or monitored and by using such communications methods you are consenting to the recording or monitoring of the same.

CHANGES TO AGREEMENT

Stearns may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified Agreement.

ACCESS TO THIS SITE

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

CONTACT METHODS AND OPT-OUT

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

By submitting your contact request for a loan product, you are consenting to be contacted by one or more affiliates, by telephone (on a recorded line), automated calling, pre-recorded calling, text message, email, fax, telephone or any means, even if you have opted in to the National Do Not Call List, any state equivalent Do Not Call List or the internal Do Not Call List of any company. You understand that the affiliates may maintain the information you submitted to us even if you decide not to use their services. In the event you no longer want to receive communications from an affiliate, you agree to notify the affiliate directly. You can opt-out of various contact methods here: privacy policy

USER IDs AND PASSWORDS

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

AGREEMENT TO PROVIDE ACCURATE INFORMATION

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

YOUR COOPERATION NEEDED

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

REASONABLE EFFORTS

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

DEPOSIT / REFUND POLICY

When you submit a loan application, Stearns will begin to process your application and, as a result, will advance on your behalf costs for certain third party expenses. If you do not fully cooperate in or complete the application process (including submitting all required documentation in a timely manner), choose to withdraw your application, or choose not to close the transaction for any reason, you may be required to pay for some or all of Stearns' third party costs. Please review your deposit agreement for details specific to your loan application.

GOVERNING LAW

You agree that these Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Use or the use of this Site shall be filed only in the state or federal courts located in Orange County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

SEVERABILITY

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

DISCLOSURES AND LICENSES

For disclosures and licensing information please visit: [link to licensing information]

YOUR CALIFORNIA PRIVACY RIGHTS

California Civil Code § 1798.83 permits our visitors who are California residents to request certain information regarding the disclosure of personal information to third parties for direct marketing purposes. Stearns does not disclose your information to any third parties for direct marketing purposes.

EQUAL OPPORTUNITY EMPLOYER

Stearns is an equal opportunity employer. Any complaints or concerns about the Company's employment practices may be directed to the Director of Human Resources at [phone #].

Use within the United States

This Site is intended to be accessed by persons located within the United States of America. Access and use of this Site by persons from locations other than the United States is prohibited.

Identity and Location Verification

Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. As a result, we will ask for your name, street address, mailing address, date of birth, and other information that will allow Stearns to identify you. We may also collect and consider information about you from non-credit reporting agency data providers, including, for example, information about your location and the location of your mobile devices, and publicly available information about you. You acknowledge that by clicking on any service or product and continuing with the application process, you understand and consent to Stearns and a third party service provider and/or mobile phone carrier to use geolocation services to verify the location of your mobile device.

Miscellaneous

Failure by Stearns to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any legal action or proceeding between Stearns, and you related to this Agreement shall be brought exclusively in federal district court