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Terms and Conditions
1. General. Illinois Finance Authority ("IFA")
maintains this site (the "Site") for your information and
education. Please feel free to browse the Site. If you are browsing
the Site as a non-commercial consumer, you may download material
displayed on the Site for your non-commercial personal use only. If
you are browsing the Site as an employee/agent/member of any business
or organization, you may download material displayed on the Site only
for non-commercial purposes within your business or organization. This
permission is specifically conditioned on your retaining all copyright
and other proprietary notices contained on the materials downloaded.
You should assume that all material, content and information on the
Site is protected by copyright unless otherwise noted and may not be
used except as permitted in these Terms and Conditions or in the text
on the Site. Additionally, you may not distribute or transmit, modify,
reuse, report, or use the information, material and contents of the
Site for public or commercial purposes, including the text, images,
audio, and video, without IFA’s express
written permission. Your access and use of the Site is also subject
to the remainder of the Terms and Conditions set forth below and
all applicable laws. Certain services and other offerings made available
on the Site may have additional terms and conditions that apply
which can be viewed either on the pages containing such services or
offerings or via a link on those pages or other directions to the additional
terms and conditions. By accessing, browsing and/or using the Site,
you accept, without limitation or qualification all of the Terms
and Conditions set forth herein, as well as any such additional terms
and conditions.
2. Use of Information. IFA is not a lender and does
not make loans or credit decisions in connection with loans. IFA does
not endorse or recommend the products or services of any particular
Lender listed on www.opportunityhome.com. IFA is not an agent of either
you, the User, or any participating Lender. IFA's services are administrative
and consultative only. You should rely on your own judgment in deciding
whether a particular loan product suits your needs and financial means.
The Lender is solely responsible for its services to you, and you agree
that IFA 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. Information
and services provided by IFA are available only in connection with
mortgage loans made on real property located in the State of Illinois.
Loans may only be made to residents of, or secured by real property
located in, Illinois and, provided that the Participating Lender(s)
is and remains licensed or authorized to make such loans, as indicated
herein under the Section 3. IFA 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 Participating Lenders. Likewise, IFA
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. IFA does not charge
you, the User, a fee to use our service.
By completing and submitting a loan request form, you understand and
agree that you are inquiring as to a lending product with each of the
Lenders to whom your loan request is transmitted. By submitting a loan
request, 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 each of the Lenders
and/or submitting a loan request, you give each of the Lenders permission
to make recorded calls to remind you of any deadlines or issues in
connection with your loan request.
3. Lender Information. (a) The Illinois Finance
Authority is not a mortgage broker, nor a lender. We cannot guarantee
acceptance into any particular loan program or promise you any specific
loan terms or conditions. The Lender you select will provide the funds
for your loan, and is responsible for the availability of those funds.
IFA will perform the following services for you: (1) publish general
information about the Opportunity: Home Ownership Program such as but
not limited to names and contact information of participating lenders;
(2) offer you access to general information about related services
such as but not limited to services offered by AmeriDream, Inc. and
FreshRate, Inc.; and (3) offer you access to general educational information
concerning home financing including glossaries, articles and calculators.
(b) By submitting information to a Lender(s) or other entity such
as but not limited to AmeriDream, Inc. or FreshRate, Inc., you are
attesting to that Lender(s) or other entity that all of the information
that you have provided is true and complete. You authorize the Lender(s)
or other entity to whom you submitted information to check your credit
history, and to provide your information, including your credit history,
to a Participating Lender(s); provided, however that if a Lender is
unable to make an offer, the entity to whom you submitted information
may submit your information to additional Lenders until such time as
you have received a loan offer (up to a maximum of 5 total Lenders).
You further authorize the Lender(s) or other entity to whom you submitted
information, 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 telephone. You further understand
that Lenders or other entities to whom you submitted information may
keep your information whether or not you are qualified for a loan with
them. If you forward or submit your loan request to a Participating
Lender, a Borrower Information Document may be provided to you by the
Lender you select pursuant to the Residential Mortgage License Act
of 1987 and Rules promulgated thereunder (38 Ill. Adm. Code 1050).
The purpose of this document is to set forth those exhibits and materials
you should receive or be receiving in connection with your residential
mortgage loan application with the Lender based on your request to
each of the Lenders. You may also receive from the Lender you select
a list of documents and materials required to complete your loan application
with the Lender. In the event you have any concerns, problems or issues
with a particular Lender, you have the right to file a complaint with
or seek information from:
Commissioner of Banks and Real Estate
310 So. Michigan Ave., Ste 2130
Chicago, IL 60609
(312) 793-0291
4. Disclaimer of Warranty. Your use of the Site is
at your own risk. IFA makes no warranties or representations as to
its accuracy and IFA specifically disclaims any liability or responsibility
for errors or omissions in the information, materials and content on
the Site. Neither IFA nor any of its affiliated companies or any other
party, including, but not limited to the Office of the Governor of
the State of Illinois, involved in creating, producing or delivering
the Site or the information, materials and content on the Site is liable
for any direct, incidental, consequential, indirect or punitive damages
arising out of your access to, use of, or inability to use or access
the Site. Without limiting the foregoing in any way, all information,
material and content on the Site is provided to you "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions
may not allow the exclusion of implied warranties, so some of the above
exclusions may not apply to you. Check your local laws for restrictions
or limitations regarding exclusion of implied warranties.
5. Features, Specifications and Prices; Special Offers and
Promotions. Features, specifications and prices of products
and/or services described or depicted on the Site are primarily intended
to be informational in nature and are subject to change at any time
without notice. Special product or service offerings and promotions
displayed on the Site are considered discontinued and no longer valid
once they are removed from the Site. Additionally, all offerings
and promotions displayed on the Site are subject to change or cancellation
at any time without notice.
6. Risk of Use. IFA assumes no responsibility, and
shall not be liable for, any damages to, or viruses that may infect,
your computer equipment or property on account of your access to, use
of, or browsing in the Site or your downloading any materials, information,
content, data, text, images, video or audio from the Site or any other
web site, whether or not linked from the Site.
7. Use of Ideas. IFA does not wish to receive any
product, marketing, advertising or other ideas that are not covered
by issued United States Patents. If you send or post any information,
material or content to or via the Site by electronic mail or otherwise,
including but not limited to any data, questions, comments, suggestions,
or the like, all such information, material and content are, and will
be treated, as non-confidential and non-proprietary. Anything you send
or post to, or via, the Site may be used by IFA and or its affiliates
for any purpose, including but not limited to reproduction, disclosure,
transmission, retransmission, publication, republication, broadcast,
posting, archiving and creation of derivative works, without any compensation
to you. Furthermore, IFA and/or its affiliates and agents are free
to use, without any compensation to you, any ideas, concepts, know-how
or techniques contained in any information, material or content you
send or post to or via the Site for any purpose whatsoever, including
but not limited to developing, creating, manufacturing, marketing and
selling products and services using such information, material and
content.
8. Ownership of Materials and Content on Site. Information,
materials and content displayed on the Site are either the property
of, or used with permission by, IFA. The use of the information, material
and content by you, or anyone authorized by you, is prohibited unless
expressly permitted by these Terms and Conditions or express permission
is provided elsewhere on the Site. Any unauthorized use of the text,
images, audio, and video displayed on the Site may violate copyright
laws, trademark laws, the laws of privacy and publicity and civil and
criminal statutes.
9. Links to/from Other Sites. IFA is not responsible
for the content of any site linked to or from the Site. Your linking
to any other site is entirely at your own risk. While IFA may provide
links on the Site to other sites, the inclusion of such links is for
your convenience only and should not be interpreted as an endorsement
of the owner/sponsor of the site or of the content of the site. IFA
disclaims any and all warranties, express and implied, as to the accuracy,
validity, legality or otherwise of any content, materials or information
contained on such sites.
10. Postings on the Site. Although IFA may from time
to time monitor or review discussions, chats, postings, transmissions,
bulletin boards and the like ("Third Party Communications")
on the Site, IFA is under no obligation to do so and assumes no responsibility
or liability arising from the content of such Third Party Communications
or for any error, defamation, libel, obscenity, profanity or inaccuracy
contained in such Third Party Communications. You are solely responsible
for any and all information, materials and content contained in Third
Party Communications which you post or send to or via the Site. You
are prohibited from posting or sending any Third Party Communication
to or via the Site that could constitute or encourage conduct that
would be considered a criminal offense or give rise to civil liability,
or otherwise violate any law. IFA will cooperate with any law enforcement
authorities or court order directing IFA to disclose the identity of
anyone posting or sending such information, materials or content to
or via the Site. Additionally, IFA reserves the right, in its sole
discretion, to remove any information, materials and content posted
or sent to or via the Site.
To protect your safety, please use your best judgment when posting.
IFA discourages divulging personal telephone numbers and addresses
or other information that could be used to identify or locate you.
If you make such disclosures on or via the Site or to third parties
in any communication, you do so fully understanding the consequences
of such disclosures and with a knowing consent that such information
could be used to identify you. Your dealings and/or communications
with any third party though the Site are solely between you and that
third party. In no event will IFA be liable for any consequences or
harm resulting or arising from or related to your dealings and/or communications
with any third party through the Site.
You agree to indemnify, defend and hold harmless IFA and its affiliated
companies, suppliers, licensors, representative, contractors and agents
from any and all claims (including but not limited to claims for defamation,
trade disparagement, privacy and intellectual property infringement)
and damages (including but not limited to attorneys fees and court
costs) arising from or related to any allegation regarding: 1) Your
use of the Site; 2) IFA’s use or display of any information,
material or content posted or sent to or via the Site, as long as such
use or display is not inconsistent with these Terms and Conditions;
3) your dealings and/or communications with any third person through
or via the Site; or 4) any violation of these Terms and Conditions.
11. Copyright Notice and Procedure for Making Claims of Copyright
Infringement. IFA respects the intellectual property rights
of others, and requires that all users of the Site do the same. Accordingly,
you may not post or send to or via the Site any information, materials
and/or content protected by copyright without the express permission
of the author or owner of the copyright in that information, material
and/or content.
IFA will promptly block access to infringing or allegedly infringing
information, materials and content on its servers if IFA becomes aware
that such information, materials and content infringe on the copyright
rights of a third party, whether IFA identifies such infringement in
the course of its ordinary and reasonable business and editorial activity,
or through notification by a third party.
If you believe that any information, materials and content on the
Site is infringing on your copyright, IFA will take appropriate action
under the Digital Millennium Copyright Act, Title 17, United States
Code, Section 512(c)(2) ("DMCA"). Pursuant to the DCMA, written
notification of claimed copyright infringement must be sent to the
following Designated Agent for IFA:
Service Provider: Illinois Finance Authority
Name of Designated Agent to receive notification of claimed infringement:
R. Litchfield
Full address of Designated Agent to which notification should be
sent:
233 S. Wacker Drive, Suite 4000, Chicago, IL 60606
Telephone number of Designated Agent: (312) 651-1300
Facsimile number of Designated Agent: (312) 651-1350
E-mail address of Designated Agent: rlitchfield@il-fa.com.
To be effective, the Notification must include the following:
A physical or electronic signature of a person authorized to act
on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed,
or if multiple copyrighted works at a single online site are covered
by a single notification, a representative list of such works at that
site;
Identification of the material that is claimed to be infringing or
to be the subject of infringing activity and that is to be removed
or access to which is to be disabled, and information reasonably sufficient
to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider
to contact the complaining party, such as an address, telephone number,
and if available, an electronic mail address at which the complaining
party may be contacted;
A statement that the complaining party has a good faith belief that
the use of the material in the manner complained of is not authorized
by the copyright owner, its agent or the law; and
A statement that the information in the notification is accurate,
and under penalty of perjury, that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed.
12. Trademarks . Nothing contained on this Site
shall be construed as granting by implication, estoppel or otherwise,
any license or right to use any trademark, logo or service mark displayed
on the Site without the written permission of the owner of the rights
to the trademark, logo or service mark.
13. Changes to Terms and Conditions. IFA may at
any time revise these Terms and Conditions by updating this posting.
Since you are bound by these Terms and Conditions, you should periodically
visit this page to review the then-current Terms and Conditions.
14. Governing Law . These Terms and Conditions are
to be governed by and construed in accordance with the laws of the
Illinois, United States of America and the laws of the United States
of America, without reference to any conflicts of law rules. Any cause
of action you may have which arises from or which is related to the
Site or any information, materials, or content displayed on or accessed
via the Site must be filed in a federal or Illinois State Court located
in the Cook or Sangamon County, Illinois. If for any reason any provision
of these Terms and Conditions is found unenforceable, that provision
shall be enforced to the maximum extent permissible so as to effect
the intent of the Terms and Conditions and the remaining Terms and
Conditions shall continue in full force and effect. Any failure by
IFA to enforce or exercise any provision of the Terms and Conditions
shall not constitute a waiver of that right or provision.
International users must take special note that the Site is controlled
by IFA from its offices within the United States of America. IFA makes
no representation that information, materials and content available
on or via the Site are appropriate or available for use outside the
United States of America and access to them from territories where
the information, materials and content are illegal is prohibited. You
may not use the Site or export the information, materials and content
available on or via the Site in violation of any United States export
laws and regulations. If you access the Site from a location outside
the United States, you are responsible for compliance with all applicable
laws.
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