Terms of Service

Please read these terms and conditions carefully.

Your use of the Service signifies your agreement to the following terms and conditions and any policies referenced herein (collectively, the "Agreement"). The Agreement is a binding legal contract entered into by you and Accelerated Lending ("Accelerated Lending," "we," "our," or "us").

1. The Services

Accelerated Lending provides mortgage origination services, online loan application tools, financial analysis features, and related digital experiences (collectively, the "Services") to assist you (referred to herein as "you," "your," and the "User") in evaluating and obtaining residential mortgage and home financing products. The Services are provided to you via the internet as a software-as-a-service ("SaaS") offering, supplemented by licensed loan-origination activities performed by Accelerated Lending and its affiliates. Accelerated Lending may change the Services and the functionality provided thereby at its sole discretion without notice at any time. THE SERVICES ARE PROVIDED AS-IS, WITHOUT WARRANTY OF ANY KIND. ACCELERATED LENDING AND THE SERVICES ARE NOT A SUBSTITUTE FOR THE LEGAL, TAX, OR FINANCIAL ADVICE OF A CERTIFIED PROFESSIONAL. YOU ACKNOWLEDGE AND AGREE THAT ACCELERATED LENDING IS PROVIDING YOU WITH ACCESS TO ANALYSIS AND APPLICATION TOOLS, AND THAT YOU ARE SOLELY LIABLE FOR ANY RESULTS OF YOUR USE THEREOF, INCLUDING BUT NOT LIMITED TO ANY OF YOUR ACTIONS BASED UPON SUCH RESULTS.

2. Fees and Subscription Terms

2.1. Free Access. Use of the publicly accessible portions of the website and basic application tools is generally provided without charge. Loan origination fees, closing costs, and other loan-related charges, where applicable, will be separately disclosed to you in writing in accordance with applicable federal and state law prior to the closing of any loan.

2.2. Paid Features. Certain features of the Services may be made available only to paid subscribers. Where applicable, paid subscribers shall pay the listed recurring fee in advance, plus any additional usage-based fees as further described on the applicable pricing page.

2.3. Automatic Renewals. Any paid subscriptions shall automatically renew on the stated billing interval until cancelled.

3. Term and Termination

3.1. Term. This Agreement will commence upon your first access of the Services and continue for the duration that you have the ability to access the Services.

3.2. Termination. Notwithstanding the foregoing, Accelerated Lending may terminate this Agreement with you (by providing an email notice of such termination): (i) if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to, comply with the provisions of this Agreement); (ii) if we believe we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (iii) if we no longer offer any of the Services you utilize; (iv) if you no longer agree to the terms and conditions of this Agreement; or (v) for any other reason or no reason, in Accelerated Lending's sole and absolute discretion. The termination of this Agreement will not affect any of Accelerated Lending's rights or your obligations arising under this Agreement prior to termination.

3.3. Survival. The following sections shall survive the termination of this Agreement for any reason: 2, 3.3, 4, 5.6, 5.7, 5.8, 6, 7, 8.4, 9, and 10. Further, any provision that must survive to fulfill its essential purpose shall do so.

4. Ownership and License Grants

4.1. Ownership. Accelerated Lending owns all worldwide right, title, and interest in and to the SaaS, the Services, all of their underlying technologies, all derivatives thereof, and all worldwide intellectual property rights therein. Except as expressly described herein, this Agreement does not grant you any intellectual property license or rights in or to the Service, the Services, any of their components, or any trademarks, service marks, or other intellectual property of Accelerated Lending.

4.2. Third-Party Services and Marks. All rights with respect to the marks, trade names, and/or service names of any third party reproduced in providing the Services shall remain with said third party. Said marks are used solely in a descriptive manner to actually reference said third party's services.

4.3. Internal Use Only. Accelerated Lending grants you a non-exclusive, limited, non-transferable, non-sublicensable, revocable license during the term of your active account or subscription to use the Services solely for your internal personal use. You shall not redistribute, or otherwise make the Services available to, any third party.

5. Your Use of the Service

5.1. Account Credentials. You shall use no less than reasonable efforts to maintain the security of your Service credentials. You agree not to transfer your account to any third party. You shall be solely responsible for use of your credentials and/or your account by any third party. You must notify Accelerated Lending upon becoming aware of any breach or suspected breach of the security of your account.

5.2. Accurate Information. You agree to keep your personal information accurate and complete. Misrepresentation of your identity or the ownership of the account information used with the Services shall be a material breach of the terms herein and may be a violation of applicable law, including federal mortgage fraud statutes.

5.3. Appropriate Conduct. You hereby warrant and agree that you shall not: (a) use the SaaS or Services for any illegal or unauthorized purpose; (b) use the SaaS or Services in any way that violates any applicable law, regulation, legislation, or other applicable rules of any governing body; (c) modify, adapt, hack, or reverse engineer the SaaS or Services; (d) engage in any activities that would create a false association with the SaaS or Services; (e) use any robot, spider, web crawler, scraper, deep link, or similar automated extraction or data gathering mechanism, program, or tool to access, copy, or monitor the SaaS or Services or any portion thereof without Accelerated Lending's prior written consent; or (f) transfer or resell the Service or Services.

5.4. Third-Party Content and Services. You acknowledge and agree that content and links that you come across via the Services may be provided by third parties and may include and point to content outside of Accelerated Lending's control ("Third-Party Content"). Accelerated Lending shall have no liability whatsoever for any such Third-Party Content, or any third-party fees you may incur by accessing such Third-Party Content, and you hereby release Accelerated Lending from any claims related to or arising therefrom.

5.5. Other Use Restrictions. You agree that you will use the Services for your own internal personal use only. You will not: (a) allow third parties to exploit the Services; (b) provide Services passwords or other login information to any third party; (c) share non-public Services features or content with any third party; or (d) access the Services in order to build a competitive product or service, to build a product using similar ideas, features, functions, or graphics of the Services, or to copy any ideas, features, functions, or graphics of the Services.

5.6. Consent to Messages. You hereby consent to receive from Accelerated Lending Services-related messages, marketing, and/or advertising for additional services, events, affiliate products, and services through the mediums of electronic mail, printed mail, phone calls, text messages (carrier fees may apply), and/or social media messages. You may opt out of future marketing and advertising from Accelerated Lending at any time through either express written notice, by replying "STOP" to SMS/text messages, or by clicking the applicable unsubscribe links contained in any such material. See our Privacy Policy for further details.

5.7. Authorized Agent. By accessing and using the Services, you expressly authorize and direct Accelerated Lending, on your behalf, to electronically retrieve your account information maintained by third-party account providers with which you have a legally binding customer relationship ("Account Information"), which may include, but is not limited to, bank balance information, account statements, and transaction information. Subject to our privacy procedures as described in our Privacy Policy, Accelerated Lending may work with one or more third-party providers to access and retrieve your Account Information.

For purposes of this Agreement and solely to obtain and provide the Account Information to you as part of the Services, you grant Accelerated Lending a limited power of attorney, and appoint Accelerated Lending as your attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place, and stead, in any and all capacities, to access third-party sites, servers, or documents, retrieve information, and use your information with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you could do in person.

You acknowledge and agree that when Accelerated Lending is accessing and retrieving Account Information from third-party sites, Accelerated Lending is acting as your agent, and not as the agent of or on behalf of any third party. You agree that third-party account providers shall be entitled to rely on the foregoing authorization, agency, and power of attorney granted by you.

You understand that the Services are not endorsed or sponsored by any third-party account providers accessible through the Services.

5.8. Sole Responsibility for Use of Credentials. You are solely responsible for the provision of any credentials or other access information for any third-party account (collectively, "User Credentials") that you provide to Accelerated Lending in relation to the provision of the Services. You warrant that you possess all necessary ownership rights and/or license grants necessary to provide such information to Accelerated Lending. You hereby grant Accelerated Lending a perpetual, worldwide, fully paid-up, fully transferable license to use such User Credentials as necessary to provide the Services. You shall indemnify Accelerated Lending against any action, claim, loss, or damage that arises from or is related to Accelerated Lending's use of such User Credentials, or the access of your information from such third-party account providers for the purpose of providing the Services.

6. Customer Data and Privacy

6.1. Use of Personal Data. Personally identifiable information collected about you by the Services is treated in accordance with the Privacy Policy, which is hereby incorporated into this Agreement by reference. If you do not agree to this Agreement or the Privacy Policy, you must immediately cease use of the Services. Notwithstanding anything to the contrary in the foregoing or within the Privacy Policy, to the extent permissible by applicable law, Accelerated Lending may use such personally identifiable information at its discretion for the purposes of customizing and optimizing the Services for you and in order to improve and add functionality to the Services.

6.2. Aggregate & Anonymized Data. Notwithstanding the provisions above or anything to the contrary herein or within the Privacy Policy, Accelerated Lending may use, reproduce, sell, publicize, or otherwise exploit Aggregated Data made available via the Services in any way, in its sole discretion. "Aggregated Data" refers to information that is aggregated, processed, or otherwise anonymized in such a way that it is no longer personally identifiable.

7. Warranty, Disclaimer, and Limitation of Liability

7.1. Warranty Disclaimer. The SaaS and Services are provided to you without warranty of any kind, whether express or implied. ACCELERATED LENDING SPECIFICALLY EXCLUDES AND DISCLAIMS WARRANTIES OF NONINFRINGEMENT, TITLE, THE WARRANTY OF MERCHANTABILITY, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

7.2. Damages Limitation. IN NO EVENT SHALL ACCELERATED LENDING BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY, OR ANY OTHER THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUES, LOST SAVINGS, COSTS OF CAPITAL, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DOWNTIME COSTS, LOSS OR IMPAIRMENT OF DATA, AND OTHER BUSINESS LOSS. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER ACCELERATED LENDING KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN.

7.3. Limitation of Liability. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF ACCELERATED LENDING TO YOU ON WHATEVER BASIS EXCEED THE TOTAL OF FEES RECEIVED BY ACCELERATED LENDING FROM YOU DURING THE 6-MONTH PERIOD PRECEDING THE ACTION GIVING RISE TO THE CLAIM.

7.4. Risk Allocation. The provisions herein allocate risks of loss or failure between you and Accelerated Lending. The provisions contained in this Agreement reflect this allocation of risk and the disclaimer and limitations of liability contained herein.

8. Rights of Accelerated Lending

8.1. Changes to the Service. Accelerated Lending may, at its sole discretion, change or remove some or all of the SaaS or Services at any time. Accelerated Lending reserves the right to interrupt the Services with or without prior notice for any reason or no reason. You agree that Accelerated Lending will not be liable to you for any loss of availability of the Service, interruption of the Services, delay, or failure to perform.

8.2. Changes to the Agreement. Accelerated Lending reserves the right to amend this Agreement at any time. If amendments constitute a material change to the Agreement, to be determined at the sole discretion of Accelerated Lending, Accelerated Lending will notify you via email or via a conspicuous notice on the Services.

8.3. Refusal of Service. Accelerated Lending reserves the right to refuse service to anyone for any reason at any time, consistent with applicable fair lending and anti-discrimination laws. Accelerated Lending may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Services without notice and liability for any reason, including if in Accelerated Lending's sole determination you violate any provision of this Agreement.

8.4. Trademarks. All Accelerated Lending graphics, logos, designs, page headers, button icons, scripts, and service names are registered or unregistered trademarks or service marks of Accelerated Lending. Accelerated Lending reserves all rights in said trademarks and service marks, and no rights therein are granted or transferred hereunder. You shall not use any of Accelerated Lending's trademarks or service marks, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.

9. Indemnification

9.1. Indemnity. You agree to indemnify and hold harmless Accelerated Lending, its subsidiaries, Affiliates, officers, directors, agents, and employees (collectively, the "Indemnitees") harmless from any claim, loss, damage, or demand (collectively, "Claims") arising out of or related to your use of the SaaS or the Services, your violation of any law or the rights of any third party, or your breach of any term or warranty within this Agreement.

"Affiliate" means, with respect to any entity, any other entity that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, such entity, and the term "control" (including the terms "controlled by" and "under common control with") means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such entity, whether through ownership of voting securities, by contract, or otherwise.

10. General

10.1. Relationship Between Parties. Neither party shall be deemed to be an employee, agent, or partner of the other in connection with this Agreement. Neither party shall have any right or authority to assume or create any obligation or responsibility, either express or implied, on behalf of the other party. The Parties shall be and remain independent contractors with respect to this Agreement.

10.2. Governing Law. This Agreement shall in all respects be interpreted, construed in accordance with, and governed by the laws of the Commonwealth of Kentucky, without regard to its conflicts of laws principles. The Parties specifically exclude the application of the 1980 United Nations Convention on Contracts for the International Sale of Goods, if otherwise applicable.

10.3. Venue and Jurisdiction. Subject to the dispute resolution clause in Section 10.17 below, in the event of any litigation between the Parties, the Parties agree that the sole and exclusive venue and jurisdiction for any such action shall be in the state and federal courts of competent jurisdiction located in Perry County, Kentucky. The Parties agree that the above-referenced courts shall have personal and exclusive jurisdiction over the Parties for any dispute arising out of this Agreement.

10.4. Severability. In the event that any one or more of the provisions of this Agreement is for any reason held to be illegal or unenforceable in any respect, such illegality or unenforceability shall not affect the other provisions of this Agreement, which shall remain in full force and effect.

10.5. Force Majeure. Neither party will be liable for any failure to perform due to unforeseen circumstances or causes beyond such party's reasonable control, including, without limitation, acts of God, pandemic, war, riot, acts of civil or military authorities, delay in delivery by vendors, fire, flood, accident, strikes, or inability to secure communication or transportation facilities or labor or materials. In the event of a force majeure event, such party's time for delivery or other performance will be extended for a period equal to the duration of the delay caused thereby.

10.6. Entire Agreement. This Agreement is the entire agreement between the Parties and supersedes all proposals, all prior agreements, commitments, oral or written, and all negotiations, conversations, or discussions between the Parties relating to this Agreement.

10.7. Modifications. Except as otherwise allowed per the terms of this Agreement, this Agreement may be modified only by a writing signed by each party.

10.8. Headings. Headings included in this Agreement are for convenience only and are not to be used to interpret the provisions of the Agreement between the Parties.

10.9. Assignment. You may not assign or delegate the rights and obligations of this Agreement without the prior express written permission of Accelerated Lending. Accelerated Lending may unilaterally assign or delegate the rights and obligations of this Agreement at its sole discretion. The terms of this Agreement shall be binding upon and inure to the benefit of the Parties and their successors and permitted assigns.

10.10. Waiver. The failure of either party to enforce at any time any of the provisions hereof shall not be construed to be a waiver of the right of such party thereafter to enforce any such provisions.

10.11. Benefit. This Agreement is made for the benefit of each of the Parties and not for the benefit of any other persons.

10.12. Attorneys' Fees. In any litigation or arbitration between the Parties, the prevailing party shall be entitled to reasonable attorney fees and all costs incurred in connection with such proceedings.

10.13. No Presumption. There shall be no presumption applied against any party on the ground that such party was responsible for preparing this Agreement or any part of it.

10.14. Conflict with Other Policies. Should any conflict arise between this Agreement and any other policy documents, this Agreement shall prevail, except where the conflicting document is required by applicable lending law or regulation, in which case the required disclosure shall control as to that specific subject matter.

10.15. Equitable Relief. Each party acknowledges that a breach by the other party of any confidentiality or proprietary rights provision of this Agreement may cause the non-breaching party irreparable damage, for which the award of damages would not be adequate compensation. Consequently, the non-breaching party may institute an action to enjoin the breaching party from any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and a party may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which the non-breaching party may be entitled at law or in equity.

10.16. DMCA Notices. 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 materials hosted by Accelerated Lending infringe upon your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. Please see our DMCA Policy for full notice and counter-notice procedures and the contact information for our designated agent.

10.17. Dispute Resolution. You agree to notify Accelerated Lending of any potential disputes. If we are not able to resolve your claims within 60 days, you may seek relief through arbitration as set forth below.

Any and all claims, except for those for which Kentucky courts shall have jurisdiction per the terms above, will be resolved by binding arbitration, rather than in court. This includes any claims you assert against us, our subsidiaries, users, or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules.

Any and all proceedings to resolve claims will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. An arbitration decision may be confirmed by any court with competent jurisdiction.

10.18. Contact Information. If you have any questions, concerns, or complaints about our Services or anything under this Agreement, please contact us at:

Accelerated Lending
524 Main St
Hazard, KY 41701
NMLS #203463
Email: hello@acceleratedlending.com
Phone: (800) 555-1234