TERMS OF SERVICE AND AGREEMENT

The use of services from HopeLoanProgram.com (hereinafter referred to as HopeLoan) constitutes agreement to these terms.  You may view our Privacy Policy at our site.

1. Your Acceptance
By using and/or visiting this website (collectively, including all content and functionality available through the HopeLoanProgram.com domain name, the "HopeLoan Website", or "Website"), you signify your agreement to

(1) these terms and conditions (the "Terms of Service"),
(2) HopeLoan’s privacy notice, found at
http://www.hopeloanprogram.com/privacy.php and incorporated here by reference.

If you do not agree to any of these terms, or the HopeLoan privacy notice please do not use the HopeLoanProgam.com Website.

2. Account Setup / Email on file
We will setup an account for you so that we can manage our communications with you and for other purposes after we have received your personal data. If there is ever an issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account.

3. Services Provided by Hope Loan
HopeLoan offers a Website and related software to “qualify” applicants for programs, including, but not limited to, the Hope for Homeowners Program, under the Housing and Economic Recovery Act of 2008.  HopeLoan provides this “qualifying service” as a free service.   The term “qualify” as used in these Terms of Service and in connection with the Website shall mean and refer to an initial screening process for early and quick screening of those homeowners who may meet or exceed the program requirements of an applicable program such as the Hope for Homeowners program, by virtue of their factual or estimated entries and the program requirements as understood as of the date of entry. Such entries may include a homeowner’s income, decline in value of home, mortgage payment to income ratios, and the like. The process of “qualifying” relies upon the truthfulness and accuracy of the homeowner’s answers to a series of questions. The determination that a homeowner qualifies or not is based on the criteria as required under law. Some programs vary by geographical area. Some programs use terms that are inherently vague and not subject to precise mathematical calculation. An example of this is the Hope Loan program requirement that a homeowner is unable to meet her mortgage payments. In addition, the law may change. Regulations interpreting the law may expand or restrict certain categories and definitions under the law. This is especially true for new programs like the Hope for Homeowners law, which requires further regulations, none of which have been promulgated as of this date. Our online “qualifying” service is a screening tool and no more than a screening tool which attempts to estimate whether, based on such entries as are furnished, a homeowner may meet the current qualifications for a program.

Some applicants who find that they do not initially “qualify” for a program, such as the Hope for Homeowners loan, may discover that through further effort that they can be brought into compliance with requirements and thereby “qualify”.  As an example, a homeowner with a second home will not qualify under the Hope for Homeowners act. However, as of this writing, there appears to be no restriction upon a transaction which reduces the homeowner to one home, which transaction would bring the homeowner into compliance with the single home rule.

All applicants are urged that in the event the screening shows that they do not now  “qualify”, to nevertheless  proceed to determine whether they can become qualified by taking certain actions, or whether they might benefit from a mortgage modification effort. All homeowners are encouraged to seek legal counsel when they are in danger of loss of their home. There may be legal action such as reorganization under chapter 13 that may benefit them.
The HopeLoan screening tool is neither a legal determination nor a legal opinion. The screening tool is an effort to quickly make an initial determination for qualification. This website is not a government agency, nor is it a division of the government. This website is not authorized under law to make any determinations. A determination as to actual qualification and granting of Hope Loans is with the FHA and your mortgage company.  No homeowner may rely on this “qualifying” tool as a final determination of any kind.

4. Mortgage Modification Services
HopeLoan offers a mortgage modification service. A mortgage modification is a process involving the homeowner, the mortgage company and HopeLoan as agent for the homeowner in which HopeLoan negotiates to secure better terms under the existing mortgage. This is a process different and separate from the HopeLoan program described above in which a homeowner attempts to meet certain legal qualifications so as to attempt to secure a “Hope” loan. A Hope loan is an entirely new loan with FHA insurance. A homeowner may wish to proceed with a mortgage modification even though she may meet all the requirements and therefore be qualified for a Hope loan. HopeLoan charges a fee for its mortgage modification service. Please see the section of the website which describes this.

5. FHA Loans
HopeLoan may engage in processing Hope Loans and other FHA related products under FHA rules and appropriate licenses. See licenses section to find out if we are licensed in your state.   

6. Payment Information
Some services provided by HopeLoan are subject to fees and charges. You will be notified of such charges in advance and you will have to specifically agree to the payment and other terms to receive services from HopeLoan. The qualifier system is offered free of charge, but retention of HopeLoan to process a Hope loan application is subject to the fees provided for in an FHA type loan. Mortgage modifications are undertaken for a fixed fee, with a partial refund where HopeLoan is not fully successful in achieving a modification.

7. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE HOPELOAN WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HOPELOAN, ITS OFFICERS, MEMBERS, MANAGERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. HOPELOAN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE HOPELOAN WEBSITE.HOPELOAN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HOPELOAN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

8. Limitation of Liability
IN NO EVENT SHALL HOPELOAN, ITS OFFICERS, MEMBERS, MANAGERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE YOUTUBE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 9. Arbitration                                                                    
By using any HopeLoan services, you agree to submit to binding arbitration. You hereby give up any right to go to Court. If any disputes or claims or causes of action of any kind based on any theory of law including but not limited to contract, tort, statute, regulation, fraud, misrepresentation, foreign law, state law, federal law or international law arises against HopeLoan or any subsidiary or agent of HopeLoan anywhere in the entire world, such disputes or claims or causes of action shall only be handled by an arbitrator of HopeLoan’s choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of California, County of Shasta and any and all arbitration action shall be and shall take place only in Shasta County, California, regardless of where in the entire world you live or where you used the Internet to access HopeLoan’s services.  No arbitration is valid unless filed in Shasta County, California. Only California law shall apply to the substantive issues and the Federal Arbitration Act to all procedural and jurisdictional issues regardless of the place of residence of the parties or where the claim allegedly arises. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs the arbitration under this Arbitration Clause. You are also responsible for any and all costs you incur related to such arbitration such as your legal fees, travel, documents, and other costs and expenses of any kind whatsoever.  Should you file a claim in a Court, other than thru arbitration as required, you shall pay all legal fees, costs, expenses and losses suffered by HopeLoan as a result of defending against such claim, regardless of the outcome of any such action. Should you file an arbitration claim and recover less than any settlement offer made by HopeLoan prior to actual hearing, or nothing, you shall pay the reasonable attorneys fees and costs of HopeLoan as well as your own costs and expenses and fees as outlined above. 

10. Changes to the Terms of Service and Agreement
HopeLoan reserves the right to revise its policies at any time without notice to the user. You are responsible to read the Terms of Service and Agreement and you are bound by changes which might occur after your first use by virtue of continued use, or payments, or acceptance of services provided. You have a continuing duty to examine the Terms of Service and Agreement for such changes.