TERMS OF SERVICE & USE OF SITE

THANK YOU FOR VISITING US! Please read these terms and conditions (“Terms of Service & Use of Site”) carefully. By accessing, browsing and otherwise using this website (“use”), www.cheerlending.com ("Site"), you agree to be bound the terms and conditions below. These terms and conditions are subject to change and may not include additional terms related to specific promotions. CheerLending reserves the right to change, modify, add or remove any portion of terms and conditions at any time, and any such amendments will be incorporated into the terms and conditions posted to this Site. Please read the following Terms of Service and Use periodically for any changes. Your continued use of our Site after any posted changes constitutes your binding acceptance of such changes. You may want to print a copy of these disclosures for your records.

CheerLending, LLC, an Arizona limited liability company, which is sometimes referred to below as “CheerLending,” “cheerlending.com,” “we,” “us” or “our”. CheerLending offers an online mortgage loan request service (“Service”) that matches you with potential providers (hereinafter “Provider(s)”). The Site and services provided by CheerLending are available in connection with mortgage loans made on real property located in the fifty states and the District of Columbia unless otherwise specified. Providers may include mortgage banks, mortgage brokers, banks, thrifts and credit unions. Our Site allows the user (“you”) to explore mortgage options through cheerlending.com.

Our Service. Providers offer mortgage related products based on inquiry information you provide. Providers in our network (hereinafter “CheerLending Network”) have over one million customers. By providing information to complete the process for obtaining a CheerLending account (“registration”), you gain access to use the Service offered on our Site. To match you with third-party Providers in the CheerLending Network, you agree to provide and utilize electronic communications, mail, signatures, records, and disclosures (“E-Consent”) with CheerLending and separately with Providers.

Additional Terms & Conditions. Online access to your account connects you to potential Providers in the CheerLending Network who may compete for your business. Products and services offered by Providers may be subject to additional terms and conditions. To the extent that additional terms and condition are consistent with these Terms of Service & Use of Site, these additional terms and conditions are hereby incorporated herein by reference; however in the event of any inconsistency between these Terms of Service & Use of Site and any other document incorporated by reference herein, these Terms of Service & Use of Site shall control.

Commitment to Your Privacy. CheerLending has made a commitment to protecting the privacy of those who visit our Site and access our Service. CheerLending’s Privacy Policy is hereby incorporated herein by reference.

Your Consent to Provide Information. Registration allows initiation of your inquiries and access to our Service. Registration is optional and you agree to use your own discretion when deciding to register for a CheerLending account. To initiate the registration process (hereinafter “prequalification”), you must provide your zip code, an applicable offer code, and any other information requested on our Site’s prequalification form or through telephone interview. In the event that you register to use our Service, you must provide any and all information requested on our Site’s homepage. In the event that you decline registration with cheerlending.com, you will not be allowed to access our Service, however any prequalification or any other information you provide is subject to these Terms of Service & Use of Site. The data and other information you provide is not, and is not treated as, an application for a loan or a request to be pre-approved, pre-qualified or any similar concept related to a loan application.

License Grants. CheerLending hereby grants you a personal, limited, non-exclusive, non- transferable revocable license to use our Site for purposes of using our Service and connecting with Providers of the mortgage products and services contained therein.

CheerLending reserves all rights not explicitly granted herein, including but not limited to the right to exercise whatever lawful means it deems necessary or appropriate to prevent unauthorized use of our Site.

By use of this Site, you hereby grant CheerLending a global, non-exclusive, perpetual, irrevocable, transferable, sub-licensable (through multiple tiers), assignable, royalty-free license to transfer, display, reproduce, redistribute, modify and otherwise use your personal and other information, subject to the restrictions set forth herein.

BY ACCESSING, BROWSING, PROVIDING INFORMATION FOR PREQUALIFICATION OR REGISTRATION ON THIS SITE AND/OR OTHERWISE USING OUR SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE & USE OF SITE. IF AT ANY TIME YOU DISAGREE WITH ANY OF THESE TERMS OF SERVICE & USE OF SITE, YOU MUST IMMEDIATELY CEASE USE OF OUR SITE.

CONDITIONS AND ELIGIBILITY FOR USER ACCESS TO SITE

To be eligible to register for a cheerlending.com account and to access our Service, you must:

  • be at least eighteen years of age or older AND
  • be a legal resident of the United States of America (“U.S.”) possessing a valid U.S. Social Security Number

By accessing, browsing, clicking any buttons on our Site, registering for a cheerlending.com account, or otherwise using our Site, you certify and affirm to us that these conditions for eligibility have been met. By providing your information to us and by completing the registration process, you agree to refrain from fraudulent activity and/or misrepresenting your identity.

Access and use of this Site is prohibited in any jurisdiction or country where such access or use violates the governing law.

Loans may only be made to residents of, or secured by real property located in, states where Providers are legally licensed or authorized to make loans.

PROHIBITED USE

The following types of use are prohibited on this Site:

  • using for any purpose other than to access our Service;
  • submitting, transmitting or facilitating the distribution of information or content that is illegal, harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or grossly objectionable from a reasonable person’s point of view;
  • interfering with or compromising, in any manner, our Site’s system integrity, security or using our Site to decipher any transmissions to or from the servers running the websites or bypass the measures we may use to prevent or restrict access to our Site or protect consumer information;
  • taking any action that imposes, or may impose at our sole discretion, unreasonable or disproportionately large loads of data on our infrastructure;
  • using any robot, spider, scraper or other similar system to access our Site;
  • impersonating another person, hiding or attempting to hide your identity, misrepresenting your affiliation with any person or entity, and conducting any type of fraudulent activity;

USER ACCOUNTS

Prequalification and Registration Information. By providing information necessary to complete any prequalification and/or registration process, you certify that:

  • you are solely responsible as the only individual using our Service;
  • prequalification and registration information you provide is only for you;
  • all information you provide to CheerLending is true, accurate, current and complete;
  • you agree to refrain from misrepresenting your identity in any manner whatsoever;
  • you agree to refrain from providing any false and/or misleading personal information;
  • you agree that you are solely responsible for maintaining the confidentiality of your password, controlling and limiting access to your account, and for all activities that occur on your account involving use of your password;
  • you will never sell, transfer, or assign your account;
  • you may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from or otherwise make any unauthorized use of the content of this Site; and
  • you will not engage in any prohibited use of any site resources.

In order to help the U.S. government fight identity theft, the funding of terrorism and money laundering activities, Providers may obtain, verify and record information that identifies you. Providers may also obtain, verify and record your identifying information to help attempt to verify your identity, which may include driver’s license documentation in conjunction with running your credit report.

CheerLending does not make credit decisions in connection with any product or service offered to you by any Provider. While CheerLending may not provide information to more than one Provider (as chosen by you), we reserve the right to provide information to other Providers at our discretion.

Requests for Mortgage Options. CheerLending is a mortgage broker, NMLS License No. 1524325, that delivers your options for mortgage-related products. The information you provide to CheerLending, and the information submitted on this Site is not an application for credit; rather, it is an inquiry to be matched with potential Providers in the CheerLending Network. Upon your request or upon registration, CheerLending will share the information you provide with Providers in the CheerLending Network. Providers who obtain your information may:

  • contact you,
  • require that you complete a separate and additional Provider application before such Provider decides to offer to lend, and
  • subject you to additional/other terms of use, privacy policies and conditions respective to that Provider.

Providers are solely responsible for their own products and/or services to you. Any offers, advertisement, or contact received from any Provider in the CheerLending Network is a separate and distinct process from participating in cheerlending.com’s Terms of Use & Service. Any Provider activity is governed by that particular Provider and subject to that Provider’s respective terms and conditions. In addition, any mortgages you request and for which you might apply are products of that particular Provider.

Termination. You have a right to cancel your CheerLending account at any time and for any reason. To terminate your CheerLending account, send your request to contact@cheerlending.com. Likewise, CheerLending, in its sole discretion, may terminate, suspend, change or restrict your use of this Site at any time for any or no reason whatsoever; CheerLending assumes no liability to you for any termination action of any kind. If an account is canceled or terminated, we retain indefinite ownership over any and all information you supply to us at prequalification, registration and all information you supply for the duration of your CheerLending account. Termination and discontinuation of your access to our Site is your sole and exclusive remedy with respect to any dissatisfaction with (i) our Site, (ii) any term or condition under these Terms of Service & Use of Site or (iii) any policy or practice of cheerlending.com in operation of our Site.

CONSENT FOR ELECTRONIC COMMUNICATION, SIGNATURES, RECORDS AND DISCLOSURES

E-Consent. When you use our Site and services, you are subject to our E-Consent terms and conditions. You agree to conduct and accept transactions with CheerLending and Providers in the CheerLending Network electronically by use and acceptance of electronic mail, electronic signatures, electronic agreements, electronic documents, electronic disclosures and electronic notices (collectively, the “Communications”).

Scope of E-Consent. This E-Consent applies to all Communications, including, but not limited to, online interactions between you and CheerLending and between you and Providers in the CheerLending Network, that may be conducted using any computer, mobile device, smart phone, tablet or any similar or other device that has online access or utilizes the internet. Agreement to this E-Consent allows CheerLending and Providers in the CheerLending Network to engage in electronic Communications with you and to process or your information or interact with you online. CheerLending or Providers in the CheerLending Network may send you electronic Communications either posted online or via email related to their interactions with you.

Providers may also provide additional online Communications on their separate websites or via email.

Requesting Paper Copies. To request a paper copy of any Communications between you and CheerLending, please refer to CheerLending’s Contact Information set forth herein under the caption, “CHEERLENDING CONTACT INFORMATION.” You may contact the Provider directly for paper copies of Communications with a Provider. If you withdraw your consent to receive Communications electronically, we reserve the right to charge you reasonable fees for paper copies that may be requested. Providers will provide paper copies at no charge and will retain records of their Communications with you as may be required by law.

Withdrawal Of Your E-Consent. To withdraw your E-Consent to receive electronic Communications from us, please refer to CheerLending’s Contact Information set forth herein under the caption, “CHEERLENDING CONTACT INFORMATION.” You. To withdraw your E-Consent to receive electronic Communications from any Provider(s), you will need to separately contact each Provider directly and request withdrawal under that particular Provider’s separate terms and conditions.

EMAIL REQUIREMENTS

Email address required. By using our Site and providing an email address to us, you agree that such email is valid and belongs to you. Providing your email to us confirms that you maintain such email address by regularly checking and reading the Communications contained therein. Providing your email confirms your receipt and acceptance of any and all Communications we may send to you from time to time.

Changes to Your Email Address. In the event that your email address changes, you agree to notify CheerLending of any change to your email address and update your account information with a valid and functional email address. You can update your contact information by logging onto your CheerLending account and editing your user profile.

MINIMUM HARDWARE AND SOFTWARE REQUIREMENTS

The following hardware and software is required to access and retain electronic documents from this Site:

  • Access to a computer or similar device with access to an internet connection;
  • An internet browser that includes 128-bit encryption and with cookies enabled (i.e., Internet Explorer version 8.0 and above, Firefox version 2.0 and above, Chrome version 3.0 and above, or Safari 3.0 and above);
  • To read certain documents, you may need a PDF file reader like Adobe Acrobat Reader;
  • A valid email address; and
  • Sufficient storage space to save Communications, or access to a printer, if desired.

DISCLAIMER AND INDEMNIFICATION

Use of the CheerLending Service and our Site are at your own risk. CheerLending is not a lender or credit counselor. CheerLending does not monitor your credit nor provide credit improvement services. Accurate adverse information on your credit report cannot be changed.

CheerLending is not an agent of you or any Provider and our services are purely administrative. You are entirely responsible for exercising your own independent judgment when deciding whether a mortgage product is right for you and appropriate for your circumstances. You are under no obligation to complete a mortgage with any Provider to which you are introduced through CheerLending.

CheerLending does not warrant or guarantee the products or services of any Provider or Service offered to you or any particular mortgage product and is not party to any discussions or agreements you enter into with any Provider. Likewise, CheerLending does not guarantee that mortgage rates and terms offered and accessible through any Provider are the best terms or lowest rates available in the market.

You agree to hold CheerLending, and its members, managers, officers, employees, representatives, and agents, harmless from all claims and expenses, including attorneys’ fees, arising out of any violation of and under these Terms of Service & Use of Site. CheerLending makes no representations or warranties, either express or implied, that the services or information provided on this Site will operate to your benefit or meet your needs or desires.

CONSENT TO JURISDICTION AND DISPUTE RESOLUTION

Any dispute regarding CheerLending or this Site shall be construed in accordance with, and shall be governed by, the laws applicable to the State of Arizona, without regard to Arizona’s conflict- of-laws rules. All claims arising out of, or related to, CheerLending or this Site, will be litigated exclusively in a state or federal court in Phoenix, Arizona, and you and CheerLending submit to personal jurisdiction in those courts.

INTEGRATION

These Terms of Service for Use of CheerLending’s Site, including the Privacy Policy and the E- Consent incorporated herein) constitute the complete expression of the terms of the agreement between CheerLending and you, the customer, in connection with your use of this Site.

CONSENT TO TERMS OF SERVICE & USE

By electing to use our Site and services when you provide information to CheerLending through our prequalification and registration processes, you automatically consent to the following:

Terms of Service & Use of Site. I hereby confirm that I have reviewed these Terms of Service and Use in its entirety and I consent to be subject to cheerlending.com.’s Terms of Service & Use of
Identity & Eligibility Verification. I hereby certify that I am at least 18 years of age and possess a valid social security number. In order to help the government fight identity

theft, the funding of terrorism and money laundering activities, and to help verify my identity, CheerLending or Providers in the CheerLending Network may obtain, verify and record information that identifies me, including, but not limited to, driver’s license documentation in conjunction with running credit reports.

E-Consent. I hereby acknowledge and confirm that I received and reviewed CheerLending’s E-Consent terms and conditions. I consent to using electronic Communications and to conducting and doing business electronically with CheerLending and Providers in the CheerLending Network. I hereby confirm that I can electronically access the Disclosures, the Terms of Service for Use of CheerLending’s Website, and the Privacy Policy in at least one of the designated formats
Hardware Requirements. I have electronic access that conforms to the minimum hardware and software requirements specified under these
Privacy Policy. I hereby acknowledge and confirm that I received, reviewed and consent to CheerLending’s Privacy Policy incorporated
Disclaimer, Integration and Consent to Jurisdiction. I agree with statements in this agreement regarding disclaimers, integration and consent to

CHEERLENDING CONTACT INFORMATION

CheerLending can be contacted via the following methods to resolve your questions, requests and inquiries under these Terms of Service & Use of Site:

  1. by Email: contact@cheerlending.com;

  2. by calling us at 1-888-735-9739 during our standard operating hours 9:00 AM MST to 5:00 PM MST, Monday through Friday, except holidays; or 

  3. by writing to us via regular mail at

    CheerLending LLC
    425 W. Guadalupe Rd, Suite 116
    Gilbert, AZ 85233.

OPTING OUT OF MARKETING CALLS

Do Not Call Information. CheerLending is a marketing lead generator and therefore might send you promotional mailers, emails or call you from time to time to inform you about promotions. If you receive unwanted promotional mailers or emails you can “opt out” of these promotions under “My Profile” or by following instructions that may be included in emails to “unsubscribe” to certain promotions. You may elect not to receive calls from CheerLending or its marketing affiliates by submitting a written request to be added to CheerLending’s Do Not Call list using the following methods:

  1. send us an email with the telephone number (s) you wish not to receive calls from CheerLending or its marketing affiliates to: contact@cheerlending.com, or 

  2. mail your request to us at

    Attention: Do Not Call
    CheerLending, LLC
    425 W. Guadalupe Rd Suite 116
    Gilbert, AZ 85233.

Do Not Call requests will be honored within 30 days of receipt and will be effective for at least five years from the date of the request. No telemarketing calls will be made to residential or cellular phone numbers that appear on the CheerLending Do Not Call list.

OTHER

We authorize you to view and print information on this website subject to it being used for informational and non-commercial purposes.

The information contained in this website is believed to be reliable, but we do not warrant its completeness, timeliness or accuracy. The information on this website is not intended as an offer or solicitation for any mortgage product or any financial instrument. The information and materials contained in this website - and the terms and conditions of the access to and use of such information and materials - are subject to change without notice. Products and services described may differ among geographic locations, offices and as a result of individual conditions. Not all products and services are offered at all locations. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

It is our intention that data provided on a subject is of a general nature. Our website does not represent an exhaustive treatment of subjects nor is the information intended to constitute accounting, tax, legal, consulting or other professional advice. 

Prior to making any decision or taking any action we kindly request you to contact your tax or legal advisors. 

Please use this document and information at your own risk. The content of this site is copyrighted and therefore any unauthorized use of any materials on this website may violate copyright, trademark, and other laws. 

Materials on this website may not be modified, reproduced, or publicly displayed, distributed or performed for any public or commercial purposes prior to our approval.