Terms of Use

1. Acceptance of Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and A Good Lender ("we," "us," "our," or "Company") regarding your use of our website located at agoodlender.com (the "Website") and any related services, features, content, or applications offered by us (collectively, the "Services").

By accessing, browsing, or using the Website or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, incorporated herein by reference.

You must be at least 18 years old to use this Website. By using this Website, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this agreement.

2. Changes to Terms

We reserve the right to modify, amend, or update these Terms at any time in our sole discretion. Changes will be effective immediately upon posting the revised Terms on the Website with an updated "Last Updated" date.

Your continued use of the Website after changes are posted constitutes your acceptance of the modified Terms. We encourage you to review these Terms periodically.

If we make material changes that affect your rights, we will notify you by:

• Posting a prominent notice on the Website homepage
• Sending an email notification (if you have provided your email address)
• Requiring you to accept the new Terms before continuing to use the Services

3. Website License and Use

3.1 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal, non-commercial use only.

3.2 Restrictions

You may NOT:

• Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content or information obtained from the Website
• Use any automated system (robots, spiders, scrapers) to access the Website
• Attempt to reverse engineer, decompile, or disassemble any software on the Website
• Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices
• Use the Website in any way that violates applicable laws or regulations
• Interfere with or disrupt the Website or servers
• Introduce viruses, malware, or other harmful code
• Attempt to gain unauthorized access to any portion of the Website

3.3 Intellectual Property

All content on the Website, including text, graphics, logos, images, videos, software, and compilation, is the property of A Good Lender or its licensors and is protected by copyright, trademark, and other intellectual property laws.

4. User Accounts

4.1 Account Creation

To access certain features of the Website, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Not share your account with others
• Notify us immediately of any unauthorized use of your account

4.2 Account Responsibilities

You are responsible for all activities that occur under your account, whether or not authorized by you. We are not liable for any losses or damages arising from unauthorized use of your account.

4.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without cause, with or without notice, if we believe you have violated these Terms or engaged in prohibited activities.

5. Mortgage Services

5.1 Nature of Services

A Good Lender is a mortgage broker, not a direct lender. We assist you in obtaining mortgage loans from third-party lenders. Our services include:

• Providing information about mortgage products
• Assisting with loan applications
• Submitting loan applications to lenders
• Facilitating communication between you and lenders

5.2 Not a Commitment to Lend

IMPORTANT: The information on this Website is NOT a commitment to lend, a pre-approval, or a loan guarantee.

• All loan applications are subject to credit approval and underwriting
• Rates, terms, and fees are subject to change without notice
• Actual loan terms may vary based on your creditworthiness and circumstances
• Pre-qualification or pre-approval does not guarantee final loan approval

5.3 Accuracy of Information

While we strive to provide accurate information:

• Interest rates and loan terms displayed are estimates and may not reflect current market conditions
• Calculator results are for informational purposes only
• We make no warranties about the accuracy, completeness, or timeliness of information
• You should verify all information before making decisions

5.4 Professional Advice

The information on this Website is not legal, tax, or financial advice. You should consult with appropriate professionals before making financial decisions.

6. Electronic Communications and TCPA Consent

6.1 Electronic Communications

By using the Website or providing your email address or phone number, you consent to receive electronic communications from us, including:

• Transaction-related notifications
• Service updates and announcements
• Marketing and promotional messages (you may opt out)
• Account-related communications

You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

For more information, see our Electronic Signature Consent Agreement.

6.2 Telephone Consumer Protection Act (TCPA) Consent

By providing your telephone number(s) to us, you expressly consent to receive communications from A Good Lender as described below:

Transactional Communications (No Additional Consent Required)

You will receive transactional communications related to your loan application or account, including:

• Loan status updates and notifications
• Document requests and reminders
• Appointment confirmations and reminders
• Important account notifications
• Customer service responses

Marketing Communications (Requires Express Written Consent)

If you provide express written consent (such as by checking a consent box on our forms), you agree to receive marketing calls, text messages, and pre-recorded messages from A Good Lender at the telephone number(s) you provided, including through the use of:

• Automated telephone dialing systems
• Pre-recorded or artificial voice messages
• Text/SMS messages

Important TCPA Information

• Consent Not Required: Providing your phone number for marketing communications is not a condition of purchasing any goods or services from us
• Message Frequency: Message frequency varies; you may receive up to 10 marketing messages per month
• Data Rates: Standard message and data rates may apply based on your carrier's plan
• Carrier Liability: Carriers are not liable for delayed or undelivered messages

How to Opt Out

You may revoke your consent to receive marketing communications at any time by:

• Replying "STOP" to any text message
• Calling us at (510) 589-4096 and requesting to opt out
• Emailing us at info@agoodlender.com with "Opt Out of Marketing" in the subject line
• Clicking "Unsubscribe" in our emails

For Help

Reply "HELP" to any text message or contact us at (510) 589-4096.

Note: Opting out of marketing communications will not affect transactional communications related to your loan application or account.

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Website and all content, features, and functionality are owned by A Good Lender and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

7.2 Trademarks

"A Good Lender," our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of A Good Lender. You may not use these marks without our prior written permission.

7.3 Copyright Infringement

If you believe that content on our Website infringes your copyright, please contact us at info@agoodlender.com with:

• Description of the copyrighted work
• Location of the infringing material
• Your contact information
• Statement of good faith belief
• Statement of accuracy under penalty of perjury
• Your physical or electronic signature

8. Prohibited Uses

You may not use the Website for any illegal or unauthorized purpose. Prohibited activities include, but are not limited to:

8.1 Illegal Activities

• Violating any local, state, national, or international law
• Engaging in fraudulent activities
• Money laundering or financing terrorism
• Providing false information on applications

8.2 Harmful Activities

• Uploading viruses, malware, or harmful code
• Attempting to gain unauthorized access
• Interfering with the Website's operation
• Conducting denial-of-service attacks

8.3 Abusive Activities

• Harassing, threatening, or abusing others
• Sending spam or unsolicited communications
• Impersonating others or providing false identity information
• Posting offensive, obscene, or inappropriate content

8.4 Commercial Misuse

• Using the Website for unauthorized commercial purposes
• Scraping or harvesting data from the Website
• Reselling our services without authorization
• Competing with us using our Website

9. User-Generated Content

9.1 Responsibility for Content

If you submit reviews, comments, feedback, or other content ("User Content"), you represent and warrant that:

• You own or have the right to post the User Content
• The User Content does not violate any third-party rights
• The User Content is not false, misleading, or defamatory
• The User Content complies with these Terms

9.2 License to Us

By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, publish, distribute, and display the User Content in connection with the Website and our business.

9.3 Monitoring and Removal

We reserve the right (but have no obligation) to:

• Monitor User Content
• Remove or refuse to post User Content
• Disclose User Content to comply with laws
• Take legal action against users who violate these Terms

10. Third-Party Links

The Website may contain links to third-party websites or services. These links are provided for your convenience only.

We do not endorse, control, or assume responsibility for third-party websites.

• We are not responsible for the content, privacy practices, or security of third-party sites
• Your interactions with third-party sites are governed by their terms and policies
• We are not liable for any damages arising from your use of third-party sites

We encourage you to review the terms and privacy policies of any third-party websites you visit.

11. Disclaimer of Warranties

THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING:

• Merchantability: Fitness for a particular purpose
• Accuracy: Accuracy, completeness, or reliability of content
• Availability: Uninterrupted or error-free operation
• Security: Security or protection from viruses or malware
• Non-Infringement: Non-infringement of third-party rights

We make no warranty that:

• The Website will meet your requirements
• Your use will be uninterrupted, timely, secure, or error-free
• The results obtained from use will be accurate or reliable
• Any errors will be corrected

Your use of the Website is at your sole risk.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, A GOOD LENDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR SERVICES.

This includes, without limitation:

• Loss of profits, revenue, or data
• Loss of business or opportunity
• Personal injury or property damage
• Emotional distress
• Costs of obtaining substitute services

Our total liability to you for all claims arising from your use of the Website shall not exceed the greater of:

• $500
• The amount you paid to us in the 12 months preceding the claim

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

13. Indemnification

You agree to defend, indemnify, and hold harmless A Good Lender, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use or misuse of the Website or Services
• Your violation of any law or regulation
• Your violation of any third-party rights, including intellectual property, privacy, or publicity rights
• Any User Content you submit
• Your fraud or willful misconduct

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses.

14. Arbitration Agreement

14.1 Agreement to Arbitrate

You and A Good Lender agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or the Services (collectively, "Disputes") will be resolved by binding arbitration, rather than in court, except as provided below.

This includes Disputes arising from or relating to:

• The interpretation, validity, or enforceability of these Terms
• Any aspect of the relationship between you and A Good Lender
• Alleged violations of statute, regulation, or common law
• Claims that arose before these Terms or any prior agreement

14.2 Exceptions to Arbitration

The following Disputes are NOT subject to arbitration:

• Individual claims in small claims court (if they qualify)
• Claims seeking injunctive or other equitable relief for alleged infringement of intellectual property rights
• Claims related to allegations of theft, piracy, invasion of privacy, or unauthorized use
• Complaints filed with regulatory agencies such as the Consumer Financial Protection Bureau (CFPB), California Department of Financial Protection and Innovation (DFPI), U.S. Department of Housing and Urban Development (HUD), or other government agencies
• Exercise of your rights under fair lending laws, fair housing laws, or other consumer protection laws

Important: This arbitration agreement does not prevent you from filing complaints with regulatory agencies or exercising your rights under consumer protection laws. You retain all rights to file complaints with government agencies regardless of this arbitration agreement.

14.3 Arbitration Rules and Forum

The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (the "AAA Rules"), as modified by these Terms.

The AAA Rules are available at www.adr.org.

14.4 Arbitration Process

• The arbitration will be conducted by a single, neutral arbitrator
• The arbitration will take place in Pleasanton, CA, or another mutually agreeable location
• The arbitrator will apply California law
• The arbitrator's decision will be final and binding
• Judgment on the award may be entered in any court of competent jurisdiction

14.5 Costs and Fees

Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, unless otherwise stated in these Terms. If your claim is for $10,000 or less, we will reimburse you for all filing, administration, and arbitrator fees paid by you.

14.6 Confidentiality

All aspects of the arbitration, including the hearing, any decisions, and any communications, shall be confidential.

14.7 Opt-Out Right

You have the right to opt out of this arbitration agreement within 30 days of agreeing to these Terms by sending written notice to:

Your notice must include your name, address, phone number, and email address, and a clear statement that you wish to opt out of the arbitration agreement.

15. Class Action Waiver

This means:

• You cannot bring a claim as a plaintiff or class member in a class, consolidated, or representative action
• An arbitrator cannot combine multiple persons' claims into a single case
• An arbitrator cannot preside over any form of consolidated, representative, or class proceeding
• An arbitrator's decision or award in one person's case can have no effect on other users

If the class action waiver is found to be illegal or unenforceable, the entire arbitration agreement will be unenforceable, and the Dispute will be decided by a court.

You have the right to opt out of the class action waiver by following the opt-out procedure in Section 14.7 above.

16. Governing Law and Jurisdiction

16.1 Governing Law

These Terms and any Dispute between you and A Good Lender shall be governed by the laws of the State of California, without regard to its conflict of law principles.

16.2 Venue

To the extent that arbitration does not apply, you agree that any legal action or proceeding shall be brought exclusively in the state or federal courts located in Pleasanton, California, and you consent to the personal jurisdiction of such courts.

16.3 Waiver of Jury Trial

YOU AND A Good Lender WAIVE ANY RIGHT TO A JURY TRIAL OF ANY CLAIM OR DISPUTE RELATED TO THESE TERMS OR THE SERVICES.

17. Termination

17.1 Termination by Us

We may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason, including if you breach these Terms.

17.2 Effect of Termination

Upon termination:

• Your right to use the Website will immediately cease
• All provisions of these Terms that should survive termination shall survive, including disclaimers, limitations of liability, indemnification, and dispute resolution provisions
• We are not liable for any losses or damages resulting from termination

17.3 Termination by You

You may stop using the Website at any time. If you have an account, you may request account deletion by contacting us at info@agoodlender.com.

18. Miscellaneous

18.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us, constitute the entire agreement between you and A Good Lender.

18.2 Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

18.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

18.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may freely assign these Terms without your consent.

18.5 Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

18.6 Headings

The headings in these Terms are for convenience only and have no legal or contractual effect.

18.7 Electronic Signature

Your use of the Website constitutes your electronic signature and agreement to these Terms.

19. Contact Us

If you have questions about these Terms of Use, please contact us: