TERMS OF USE AGREEMENT
Please read this Terms of Use Agreement ("Agreement") carefully. By accessing this Web site and any pages hereof, you agree to be bound by the terms and conditions below.
This Agreement contains an agreement to arbitrate all Claims and disclaimers of warranties and liability. These provisions form an essential basis of our bargain. If you do not agree to these terms and conditions, do not access this Web site.
SA Financial Corp. operates this Web site. and lisenced by the State of California to provide real estate and financial services nationwide.
The real estate and loan services made available on this site are provided by associate lisenced lenders, brokers, and real estate agents and all references on this site to SA Financial Corp. including all collected requests and provided technical services by SA Financial Corp., is solely on behalf our lisenced associates.
SECURITY POLICY
SA Financial Corp. uses extensive and sophisticated secure technology to protect your data and transmissions between you, SA Financial Corp., banks, lenders, loan brokers and real estate agents participating in this Web site (we refer to all of these as "Lenders"), and real estate professionals participating in this web site (the "real estate agents"). Here are the highlights:
Transmission between browsers and our web server is implemented using Secure Sockets Layer (SSL) technology. This technology requires an SSL-capable browser such as MS Internet Explorer 3.0 (or later) or Netscape Navigator 2.0 (or later).
Transmissions between SA Financial Corp. and participating Lenders or SA Financial Corp. and real estate agents are encrypted using public key cryptography algorithms with a minimum key size of 128 bits.
Our database is physically separated from our web server and is protected by a physical firewall.
Although SA Financial Corp. has taken these reasonable and appropriate measures to ensure that your personal information is delivered and disclosed only in accordance with your instructions, SA Financial Corp. cannot and does not guarantee that the personal information you provide will not be intercepted by others and decrypted.
LOAN ORIGINATION SERVICES
SA Financial Corp. offers two services, both of which are explained in more detail below.
The first is the traditional SA Financial Corp. process that happens if you complete the entire loan request form. When you do that, you will be matched with up to 4 Lenders who will respond with customized loan offers.
The second option is SA Financial Corp. InstantMatch service which, if you choose it, will match you with lenders prior to completion of the full SA Financial Corp. form. However, these lenders may not be able to respond with customized offers before talking to you to get more information.
InstantMatch is not available for all loan programs.
In either case, you represent that all of the information you have provided in your loan request is true and complete. By choosing an option and submitting your loan request form, you also agree to and accept this Agreement in its entirety.
Traditional (Full-Form) SA Financial Corp. option:
By submitting the full SA Financial Corp. loan request form, you authorize SA Financial Corp. to check your credit history, and to provide your information, including your credit history, to up to four Lenders; provided, however, that if one of the Lenders is unable to make an offer, SA Financial Corp. may submit your information to additional Lenders until such time as you have received four loan offers (up to a maximum of 12 total Lenders). No credit check will be performed on behalf of SA Financial Corp. if you have not fully completed your loan request down this path.
You further authorize the Lenders along with any additional Lenders or investors necessary to complete your loan transaction, to check your credit history and to return their decision to you via the SA Financial Corp. system. At the present time, Fair Isaac and Co. (the company that provides "FICO" credit scores) reports that, for mortgage, home equity or auto loans, it consolidates all credit inquiries that occur within a 14-day period into one inquiry for scoring purposes.
InstantMatch Program:
By submitting the shorter SA Financial Corp. InstantMatch loan request form, you authorize SA Financial Corp. to provide your information to up to four Lenders. The Lenders in this program will be on SA Financial Corp.’s network . These lenders may not be shown on SA Financial Corp’s Lender Scorecard, but are lisenced by the state of which they conduct business and certified by SA Financial Corp.
In the InstantMatch process, you may be given the option to provide your Social Security Number and/or have your credit pulled in order to improve your lender matches. If you elect this option, you authorize SA Financial Corp. to check your credit history, and to provide your information, including your credit history, to up to four Lenders. You further authorize the Lenders, along with any additional Lenders or investors necessary to complete your loan transaction and to check your credit history. You further authorize the Lenders along with any additional Lenders or investors necessary to complete your loan transaction, to check your credit history and to return their decision to you via the SA Financial Corp. system. At the present time, Fair Isaac and Co. (the company that provides "FICO" credit scores) reports that, for mortgage or home equity , it consolidates all credit inquiries that occur within a 14-day period into one inquiry for scoring purposes.
Terms Applicable to Both the Traditional and InstantMatch Services
SA Financial Corp. is not a lender or a real estate agent and is not directly responsible for real estate transaction conducted through it's system, nor it makes loans or credit decisions in connection with loans.
SA Financial Corp. does not endorse or recommend the products of any particular Lender on any of its websites. SA Financial Corp. is not an agent of either you, the User, or any participating Lender.
SA Financial Corp's services are administrative and consultative only. You should rely on your own judgment in deciding which available loan product best suits your needs and financial means. The Lender is solely responsible for its services to you, and you agree that SA Financial Corp. shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such services. You understand that Lenders may keep your loan request form, whether or not you are qualified for a loan with them.
This Web site and the services provided by SA Financial Corp. are available only in connection with
(a) mortgage loans made on real property located in the fifty states and the District of Columbia unless otherwise specified, and
(b) non-mortgage loans made to citizens and residents of the United States. Loans may only be made to residents of, or secured by real property located in, states where participating Lenders are licensed or authorized to make such loans, as indicated herein under the section titled "Lenders."
Lenders are not attempting to make loans outside of their authorized states or country by participating in and offering their products on this Web site. SA Financial Corp. and/or participating Lenders expressly reserve the right to discontinue, suspend or terminate the offering of any loan product in any specific state through this Web site.
SA Financial Corp. does not guarantee acceptance into any particular loan program or specific loan terms or conditions with any participating Lender; loan approval standards are established and maintained solely by individual Lenders. Likewise, SA Financial Corp. does not guarantee that the loan terms or rates offered and made available by participating Lenders through this Web site are the best terms or lowest rates available in the market. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for a loan commitment or interest rate lock-in agreement.
SA Financial Corp. does not charge you, the User, a fee to use our service. SA Financial Corp. is paid a fee by participating Lenders for the goods, facilities and services provided. Your use of this Web site and/or SA Financial Corp's services constitutes your agreement with this compensation arrangement.
By hitting submit or requesting to be matched with Lenders under either of the programs or submitting requests/information regarding real estate transactions , you understand and agree that you are submitting an inquiry as to a lending/real estate product with SA Financial Corp. and each of the Lenders/real estate agents to whom your loan/real estate request is transmitted. By submitting the loan request containing your electronic signature, you are extending an express invitation to each of the Lenders making you loan offers to contact you by telephone at the numbers you have provided so they may assist you with your transaction, and you hereby consent to any such calls even if your phone number is on any Do Not Call list.
By saving your information with SA Financial Corp. and/or submitting a loan request, you give SA Financial Corp. permission to make recorded calls to remind you of any deadlines or issues in connection with your loan request.
REAL ESTATE SERVICES
All of the information you have provided in this referral form is true and complete. You authorize SA Financial Corp. to forward your information to its network of real estate agents.
You further understand and agree that by selecting a real estate company or professional, you are extending an express invitation for them to contact you by telephone at the numbers you have provided, and you hereby consent to any such calls even if your phone number is on the Do Not Call list.
In addition, by completing and submitting a request for more information regarding a real estate listing or requesting contact with a real estate professional, you understand and agree that you are extending an express invitation to real estate agents to call you by telephone at the numbers you have provided, and you hereby consent to any such calls even if your phone number is on the Do Not Call list.
You understand that these real estate agents may keep the information you submit whether or not you communicate with them regarding a real estate listing and whether or not you complete a real estate transaction with them. SA Financial Corp. is not a lender and does not sell/buy real estate properties, however, SA Financial Corp. may list real estate properties for sale, and include loan offers on safinancialcorp.com on behalf of lisenced associates. SA Financial Corp. acts as a referring broker by referring you to a local real estate broker or a financial professional (lenders), and for its services, SA Financial Corp. receives a real estate brokerage referral fee, a percentage of the local broker's commission whether it is a financial or a real estate transaction.
Your use of this Web site and/or SA Financial Corp's services constitutes your agreement with this compensation arrangement. Cash, gift certificates, and incentives are only available to customers who use a SA Financial Corp's Network or through safinancialcorp.com. Customers must have been connected with the real estate agent,mortgage broker or lender through SA Financial Corp's programs to be eligible for incentives. Certain states require that incentives be given as either a credit at closing or as a reduction of your real estate commission. The programs may be available on modified terms, or may be prohibited, in certain jurisdictions. Other restrictions may apply.
Real Estate Create Registration
By registering with this site, you hereby understand and agree that you have established a business relationship between you and SA Financial Corp., which is the owner of this site. As such, you agree that SA Financial Corp. may contact you using information you provided with information and offers of services available through SA Financial Corp. and any of its websites. You hereby consent to any such communication or phone calls even if your phone number is on any Do Not Call list.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Web site are: Copyright © 2000 - 2006 safinancialcorp.com and/or its suppliers, participating Lenders, or real estate agents. All rights reserved.
Other product and company names mentioned herein, including the names of participating Lenders, may be the trademarks of their respective owners.
DISCLAIMERS AND LIMITATIONS
SA Financial Corp. intends that the information contained in its Web site be accurate and reliable; however, errors sometimes occurs. In addition, changes and improvements to the information provided herein may be made by SA Financial Corp. at any time.
THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." SA Financial Corp. AND/OR ITS SUPPLIERS, PARTICIPATING LENDERS, OR REAL ESTATE AGENTS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THIS WEB SITE AND/OR SA Financial Corp'S SERVICES IS AT YOUR OWN RISK. SA Financial Corp. AND/OR ITS SUPPLIERS, PARTICIPATING LENDERS, OR REAL ESTATE AGENTS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE AND/OR SA Financial Corp'S SERVICES OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SA Financial Corp. AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
INDEMNITY
As a condition of use of this Web site and/or SA Financial Corp's services, you agree to indemnify SA Financial Corp. and its suppliers, participating Lenders, or real estate agents from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of this Web site, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.
LINKS TO THIRD PARTIES
This Web site may contain links to Web sites maintained by third parties. Such links are provided for your convenience and reference only.
SA Financial Corp. does not operate or control in any respect any information, software, products or services available on such Web sites.
SA Financial Corp's inclusion of a link to a Web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
ERRORS AND DELAYS
SA Financial Corp. is not responsible for any errors or delays in responding to a qualification form or referral form caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control.
OTHER TERMS
This Agreement constitutes the entire agreement between you and SA Financial Corp. and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and SA Financial Corp. with respect to this Web site and information, software, products and services associated with it.
This Agreement shall be subject to and construed in accordance with the laws of the State of California, excluding its conflict of laws principles.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
All rights not expressly granted herein are reserved.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
