Have you ever heard the legendary story about Van Halen’s rider? They specifically included ‘no brown M&M’s’ as part of their list of backstage requirements. Some suggested it was straight-up rockstar behavior — but they were wrong. The band used the kooky inclusion as a way to check the promoter was thorough and had read the fine print. No brown M&Ms in their bowl of candy meant the promoter was unlikely to drop the ball on more important matters like staging, lighting and hair spray.
You’ll see we start each section with a ‘plain English’ overview — it gives you a top level gist of what we’re covering. But it’s by no means exhaustive so if you’re serious about TOU, best you read it word for word.
Now, let’s get started….
- Clicking “Create Profile” and creating a profile with us
- Opening the web pages beyond our homepage
This TOU will govern your use and access of the services and Content, regardless of whether or not you:
- Read through all of the applicable terms (which may change from time to time without notice)
- Complete a transaction with us through any mode of access to our services (website, phone, mobile phone app., email, etc.)
Any changes to our TOU will be effective upon being posted to the Beeline website. We recommend that any time you use or access the services or any Content on our website, you review the current TOU (including any document links). Your use and access of the services and Content tells us that you accept this TOU.
1. Contact Information
If you give us your contact information, we’ll use it to contact you — imagine that. Sometimes a third party involved in your application may also use your details to reach you (for example, the appraiser).
When we get in touch with you, we may do it via SMS/text message. If you’d prefer we didn’t do that, call us on 1-800-550-6602 and we’ll back off.
We’ll also record and monitor all of our communication with you. Why? So we can get better at our job, and so we can detect and prevent fraud to your account.
By submitting your contact information, including your name, phone or mobile numbers, and/or email address, please be aware that we, one of our related companies or an unrelated one may contact you to discuss your inquiry. By giving us your contact information, you’re letting us know you’re happy for us to get in touch. Sometimes, us, or one of our representatives will contact you through SMS/text message. We’ll send them to the mobile phone number listed in your contact information. They may relate to your:
- Application status
- Account or loan information
- Additional information or documentation requests
- Due dates
- Delinquent accounts
- Program updates
At any time, you can tell us you don’t want texts by calling us at 1-800-550-6602. If the mobile phone number listed in your contact information is invalid or becomes unreachable, we’ll consider this a withdrawal of your consent to receive text notifications. After you’ve withdrawn your consent, we’ll need a little time to process it.
If you need more information, call us on 1-800-550-6602. To access, view and keep texts that we send you, your mobile phone will need to be SMS-capable and have enough storage. It might go without saying, but your account will also need to be active with a mobile phone communications provider. When we send you a text message, we’ve given it to you ‘in writing’. We don’t charge a service fee to send you texts — if your phone company, or other third parties charge for texts, you’re responsible for those charges. Check with your phone company if you’re unsure about any charges. At any time and for any reason, we may change or stop our text messaging services. This may be done with or without prior notice and with no liability to you.
Just FYI — your chat, email, text message, online, and telephone communications with us will be monitored or recorded. We do this to improve our customer service, as well as to help us detect and prevent fraud to your account. When you click the “accept” button (or similar) on your communications device, you’re letting us know you’re okay to have your conversation/information exchange recorded and monitored when you deal with us.
2. Your Information and Credentials
As part of your application, you’ll be giving us personal information — it’s up to you to make sure that info is as legit and up-to-date as possible. Occasionally, we may need to share your non-personal information with third parties who are involved in your application, so appraisers, title companies, etc.
If you’re applying with a co-buyer, you’ll share a login to our system but you’ll be our main point of contact and in charge of keeping your co-buyer in the loop.
When doing your home loan application, you’ll need to give us certain information. Regardless of how you send it to us (email, website upload, etc.), we don’t claim to have ownership of it and/or your communications or feedback to us, nor do any of our affiliated business partners. By giving us this information, you’re giving us and any vendors involved in your home loan, permission to use it to complete the loan (including, but not limited to, verifying your employment, assets, liabilities, credit score, identification). This allows us to copy, distribute, transmit, reproduce, edit, translate and reformat the information you’ve given us. To complete your home loan, we may also need to share your non-personal information with third parties like the appraiser, title company, etc. Just so you know, the terms and conditions listed on our website related to these permissions may change and will overrule this version
If you’re applying for any of our products with a co-buyer, each of you will use the same login to our system. As the primary applicant, you agree that you will be the main point of contact for this transaction and are responsible for making sure that the co-buyer is kept up to date throughout this process. The co-buyer must personally authorize us to run their credit report and must use their own credentials for accessing their bank account, asset, tax or employment information. When we get the co-buyer’s information, credentials and credit report authorization, we’ll take that as their permission to access this information, and you’ll hold us harmless from any action(s) by the co-buyer if these instructions aren’t followed.
It’s essential that all communications, documentation and information you give us is true and reasonable and that none of it has been intentionally misrepresented nor information left out that would materially affect our evaluation of your home loan request.
We generally start your home loan request when we have received all of the information needed to complete your application. When you submit an application to us, you agree to assist us in this process to make sure it’s done as fast as possible. This will include but is not limited to the following:
- Sending us all of the required documentation requested in a timely manner
- As requested, get any information that we may need from third parties (your bank, employer, current mortgage company, etc.)
- Promptly let us know of changes to any of the information that you have given to us for this application
For computer security purposes, we’ll collect and store information that you provide when you set up an account or reset your password on our network. The email address, phone number and password that you use to create your account will be the credentials used by our network to check that you’re authorized to access your account.
You agree not to share your credentials, and to take reasonable steps to keep them secure, and confidential. You’ll also need to contact us immediately if you think these or other identifying information has been compromised, lost, or stolen. Now, this is important (that’s why it’s in bold): we will never contact you, whether it be through an unsolicited email, a phone call or other means of communication, requesting that you give us your username and or password.
Our content is great, we wouldn’t blame you for wanting to steal it — but please don’t.
All content, (website information and text, graphics, logos, images, audio clips, video, data, music, software, and other material (collectively “Materials”)) is property owned or licensed to us or to our licensors and is protected by U.S. and international copyright laws, trademark, patent, or other proprietary rights. The collection, arrangement and assembly of all Materials is our exclusive property and we, as well as our licensors, expressly reserve all intellectual property rights in and to all of these Materials. By accessing or using our services and Materials, you confirm and agree that you gain no rights to these and will not copy or distribute any of them. Subject to the restrictions presented in this TOU, we grant you a limited, non-exclusive license to use these services and Materials.
4. Reasonable Efforts
Getting a home loan involves a lot of moving parts so sometimes there’ll be unexpected delays. We’ll try our best to avoid pushing out any deadlines but we won’t be held responsible if any do pop up.
We’ll make every reasonable effort to have your home loan request processed and closed on or before the end date of any rate lock you may have, as well as on or before your targeted closing date. Unfortunately, some unexpected delays may arise that are beyond our control and will prevent us from meeting deadlines. In these instances, we cannot be held responsible for delays. Some examples of the types of delays that may prevent us from meeting these deadlines are:
- An acceptable appraisal or other documentation required to approve your loan arrives later than planned
- Your existing home is not selling or has not sold
- Unresolved matters found by the title commitment work or survey
- Any other matters beyond our reasonable control
5. Copyright and Trademarks
All of our stuff is protected by the little ‘c’ and ‘™’ so if you try to use it, we’ll be very cranky.
The Materials are copyrighted and are not to be reproduced, distributed, modified or used in violation of copyright law. You may not use any of the contents of the Materials for public or commercial purposes without our prior written consent. We do not guarantee that your use of these Materials will be protected from any infringement claims of third parties. Our name, logo and any other marks used in the Materials that identify the origin of our information, goods or services, are our trademarks. Any other trademarks used are the property of their respective owners.
6. No Reliance
We work hard to make sure our information is always up-to-date and accurate. But before you make any major decisions, just double check the numbers and information.
While we make every effort to keep the information in our Materials and related to our services current and accurate, we don’t warrant or represent (express or implied) that it will always be spot on. As a result, you’re strongly advised not to take any action or make any decisions by relying on this information as presented. We may not be held legally responsible for any errors or omissions in the services or Materials as presented.
7. Disclaimer of Contract
Yes this TOU is long, and that’s on purpose — it’s the sole document that controls your use of, and interaction with, our website, portal etc.
Except for this TOU, no statement in our Materials or services constitutes a separate contract, a representation, warranty or an offer of employment or to enter into a contract. In addition, no statement made by us (or shall be deemed to be) whether by implying, reference to or otherwise may be inserted into any contract or employment relationship of ours. The only terms and conditions applicable to performance by us are those that are expressly stated in a separate written agreement executed by us. By offering information, products or services online, no request is being made by us to any person to use any of these in jurisdictions where providing this information, products or services is prohibited by law.
8. Limitation of Liability and Disclaimer of Warranties
Firstly, let us apologize about this next bit being in capitals — apparently it’s very serious and important. We just need to let you know that when you use our services, it’s at your own risk, in capitals.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY ARISE IN CONNECTION WITH THE SERVICES OR MATERIALS, OR FROM YOUR USE OF, OR INABILITY TO USE, OUR WEBSITE OR ANY INFORMATION PROVIDED ON THE WEBSITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; OR DISCLOSURE OF INFORMATION WHEN REPLYING TO YOU BY EMAIL OR OTHER ELECTRONIC MEANS OF RECEIVING EMAILS FROM YOU; EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. *Aaaaand deep breath*. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
Your use of our services and Materials is entirely at your own risk. Neither we, our directors, affiliates nor any other party involved in creating, producing or delivering our services or Materials will be liable for any direct, incidental, consequential, indirect or punitive damages that occur when you access or use our services or Materials, regardless of the theory or basis upon which damages are claimed. The content and functionality of this website is provided to you AS IS AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. Some states may not allow the exclusion of implied warranties, so some of these exclusions may not apply to you. In no event will we promise or warrant the correctness, comprehensiveness, completeness, accuracy, timeliness, merchantability or fitness of any information or any of our services or Materials accessed or used by you. No action arising out of, or pertaining to this TOU may be brought more than one (1) year after it initially occurred.
9. Damage to Property
Sometimes things go awry when you’re using the internet — we like to think we’re all over it when it comes to protecting your information. Our technology was actually built GDPR compliant, which basically means it exceeds the minimum security industry requirements. All that said, sometimes things can happen beyond our control, so protect your computer with virus-detection software, etc. because we won’t be held responsible for any damage.
Electronic communications, databases and websites are subject to errors, malfunctions, tampering and break-ins which could damage your systems or operations. We don’t accept responsibility for, nor will we be liable for any damages to your computer equipment, hardware, software or any other property when using our services or Materials. It’s your responsibility to have the appropriate safeguards (ie. virus-detection software, etc.) in place to protect your information technology assets.
10. Modification and Termination
Periodically, we may change this TOU. By continuing to use our services or Materials after any changes have been posted, you agree to comply with the updated TOU. You acknowledge and agree that any changes made to this TOU by anyone but us is not allowed and will not be accepted nor considered effective.
In our sole discretion, without notice and for any or no reason, we reserve the right to terminate, temporarily or permanently, your use of the Materials, as well as to block or prevent you from future access to and use of these. Upon termination, your right to use the Materials will immediately end. You agree that any termination of your access to or use of these may be put in place without prior notice. We may immediately deactivate or delete your password and username, all information and files associated with it and deny you any further access to any such information or files. You agree that we shall not be liable to you or any third party for any termination or denial of your access to the Materials.
11. No Unlawful or Prohibited Uses
Don’t do anything illegal with our services and materials, and we’ll get along just fine. Oh, and you’re happy for us to verify your identity with your phone company.
12. Links to Third Parties’ Websites
Occasionally, we may provide you links to other relevant and helpful websites — we’re not responsible for any content, privacy settings, terms and conditions, or any general weirdness on those sites.
14. Mobile Privacy
15. Social Media Interactions
Hey, go crazy on our social media but know that you may be sharing personal info.
We encourage you to share your experience with us with your friends using social media such as Facebook, Twitter, Pinterest, and Instagram. If you choose to use social media, you may be sharing certain personal profile elements, including your comments posted on these sites. This activity is subject to each social media program’s privacy policies.
16. Reviews, Comments, Submissions, and Other Communications
We’d love you to share your thoughts online but if you do, there are a few things to keep in mind...
You agree that your content will:
- Be accurate
- Not violate or promote the violation of any law or regulation
- Not violate any right of a third party, including copyright, trademark, privacy, or publicity rights
- Not cause injury to any person or entity
- Not contain, or provide links to, obscene, profane or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam” or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive or degrading.
You are solely responsible for the content that you submit and we assume no liability for any content submitted by you. You agree that, in our sole discretion, we reserve the right to do any or all of the following:
- Monitor your content
- Alter, remove, refuse to post or allow to be posted any content;
- Disclose any content and the circumstances surrounding its transmission to any third party.
For any content that you submit, you grant to us a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create imitated works from, sell and distribute such content and to incorporate it into any form, medium or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, do not send us any content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to us the right to include the name provided along with the content submitted by you provided, however, we have no obligation to include such name with such content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any content that you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding your content that you may have under any applicable law under any legal theory.
Content is also provided by third party visitors. Please note that visitors may post content that is inaccurate, misleading or deceptive. We neither endorse nor are we responsible for any opinion, advice, information, or statements made by third parties. We will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect our opinions.
17. Indemnification and Defense
If anything goes pear-shaped when you’re using our services and materials, we won’t be held responsible. Also, if anyone else uses your credentials, you’ll be held responsible for all damages and claims that may come about from their usage.
As a condition of the use of the services and Materials, you agree to defend, indemnify, and hold us, (and our respective employees, directors, officers, agents, vendors and suppliers) harmless from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of, or relating to your use of our services or Materials. This includes without limitation, any content submitted by you and Claims alleging facts that if true would constitute a breach by you of this TOU. You are solely responsible for all damages or claims that may arise from any access to, or use of, the services and/or Materials by any person using your credentials.
18. Notices and Electronic Communications
Occasionally, we may need to send you a notice (they usually contain legal/compliance info). We can share them with you in lots of ways — email, mail, via our website. We consider any message sent through those avenues to be ‘in writing’ and that notice is given 24 hours after it’s sent, and 3 days after if it was sent in the mail.
Except as explicitly stated otherwise, you should send any notices to us by mail at: 188 Valley Street, Suite 225, Providence, RI 02909, Attn: Legal Department.
In the case of notices we send to you, you agree to receive those notices and other communications by us posting notices to the Beeline website, sending you an email at the email address you previously gave to us or mailing a notice to you at your address that you have given to us. You agree that all agreements, notices, disclosures and other communications that we provide to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be considered given 24 hours after the notice is posted on the Beeline website or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient or if by mail service, three days after the date of mailing. You agree that a printed version of the TOU and/or any notice given in electronic form shall be admissible in a judicial or administrative proceeding. The requirements for these will be based on the conditions presented in this TOU for other business documents and records that were originally generated and maintained in printed form.
19. Rules for Promotions
Lots of big words in this one (‘contemporaneous’ — we’re looking at you). Basically, we’re letting you know the TOU is watertight and that it applies to residents of the United States.
The TOU, including policies and information linked from or incorporated herein, constitute the entire agreement between you and us with respect to the Materials and services and supersede all prior or contemporaneous communications, agreements, and proposals with respect thereto. No provision of these TOU shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these TOU shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these TOU is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these TOU without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control. We provide the services and Materials to residents of the United States. New York law, without giving effect to its principles of conflicts of law, governs all adversarial proceedings arising from this TOU, Materials or services. Any action at law or in equity arising out of, or relating to, this TOU or the use of the website or services must be filed and resolved only in a state or federal court located in Suffolk County, New York.
21. Contact Us
22. Your California Privacy Rights
California Civil Code § 1798.83 permits our visitors who are California residents to request certain information regarding their disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected] or write us:
Beeline Loans, Inc.
188 Valley Street, Suite 225, Providence, RI 02909
Attn: Legal Department