General Terms
Date of Last Revision: February 28, 2025.
Welcome to our website ("www.diamondlendingteam.com" or "Website").
Your use of this Website and FRU's other products, software, services, and servers (referred to collectively as our "Service") is subject to the terms and conditions of this General Terms Agreement ("Agreement"), which is binding and enforceable between you and FRU, as defined herein.
Introduction.
When you access this Website or otherwise use our Service, you agree to be bound by this Agreement which governs your relationship with diamondlendingteam.com, a Nevada Limited Liability Company whose principal place of business is located at 500 Terry Francine St. San Francisco, CA 94158 (collectively "us" or "our" or "we"). DiamondLendingTeam is the owner and operator of this Website. For the purposes of the Agreement, "you" means, depending on the context: an individual member of the consuming public that is using our Service to search for competitive mortgage rates on the Internet; if such individual is using the Service on behalf of an entity or organization, then such entity or organization (and each of its successors and assigns); or the business entity whose individual authorized agent is registering as a Lender on our Service.
The terms and conditions provided in the Agreement apply to all users of our Service, including mortgage lenders that register on our Service as a Lender ("Registered Users") and individual consumers part of the public at large ("Users").
By using our Service, you acknowledge and agree that you have fully read and agree to be bound by the provisions of this Agreement. If you do not agree to be bound by this Agreement in its entirety, then you must immediately stop accessing or otherwise using our Service.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING A USER'S LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. IT ALSO CLEARLY SPECIFIES THE MANNER BY WHICH ACCEPTANCE OF THIS AGREEMENT OCCURS. THE LIMITATIONS AND EXCLUSIONS CONTAINED HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND FRU.
MANDATORY ARBITRATION NOTICE AND CLASS ACTION AND JURY TRIAL WAIVER. This Agreement contains a mandatory (binding) arbitration provision and class action and jury trial waiver clauses. Except for certain types of disputes described in the arbitration section below or where prohibited by applicable law, you agree that disputes between you and us regarding your use of the Service will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration, including as a class representative. The arbitrator's decision will be subject to very limited review by a court. You will be entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in Court. For more details, see below.
Privacy Policy. Besides this Agreement, we also publish a Privacy Policy. Although it is not part of this Agreement, we encourage you to read the Privacy Policy to better understand how you can update, manage, access, and delete your information.
Our Service.
The Agreement and the terms contained herein are included by reference in the subsequent agreements entered into between DiamondLendingTeam and a Registered User and constitute the minimum terms and conditions controlling use of our Service. For Registered Users, the term "Agreement," as used herein, refers to any agreement entered into between a Registered User and DiamondLendingTeam that includes this Agreement by reference.
Our Service includes all pages on our Website's domain (diamondlendingteam.com) and all pages on any related sub-domains, all of which are controlled by this Agreement.
DiamondLendingTeam, via our Website, provides certain services that include lead generation services that match the needs of the consuming public searching for competitive mortgage rates with the rates available from our participating lenders ("Lenders")
Modifications.
DiamondLendingTeam reserves the right to change or revise our Service or this Agreement at any time in our sole discretion and without notice. The date on which this Agreement was last updated will be shown as "Date of Last Revision" at the top of this Agreement. You waive any right you may have to receive specific notice of such changes to this Agreement except for changes to our agreement to mandatory arbitration, which is discussed more fully below. Your continued access and use of our Service following the posting of any such changes shall automatically be deemed your acceptance of all changes. You are responsible for regularly reviewing this Agreement.
Eligibility Requirements.
DiamondLendingTeam requires, and enforces, strict compliance with our eligibility ("Eligibility") requirements, found in this Section 4.1. Our Service provided through this Website is intended for and is limited to use by residents in the United States. It is intended solely for members of the consuming public that are of legal age (over 18).
Lender Networks.
All Lenders are required to become "Registered Users" on our Service in order to participate in FRU's network of participating lenders that make Offerings (defined in Section 6.2 below) that are displayed on the Website ("Network").
Marketplace Intermediary.
DiamondLendingTeam is a marketing lead generator ("MLG"). As such, DiamondLendingTeam DOES NOT PERFORM ANY OF THE FOLLOWING BUSINESS FUNCTIONS ON YOUR BEHALF AS A CONSUMER USER, ON BEHALF OF OUR REGISTERED USER LENDERS, OR ON BEHALF OF ANY THIRD PARTY: (a) take or assist with taking loan applications; (b) arrange, offer, or make loans, or offer or negotiate the rates for loans; (c) make credit decisions; (d) retrieve credit scores or reports from third parties; or (e) issue loan commitments, lock-in agreements, preapprovals, or pre-qualifications.
As an MLG, DiamondLendingTeam simply gathers some basic information about you and your mortgage requirements that you provide us (“Submission”) and forwards this information to certain Network members, depending on the information in your Submission, which subsequently may provide you with one or more Offerings. An Offering is an advertised rate or other information about a mortgage product that Lender has indicated it has available for qualifying consumers following DiamondLendingTeam distribution of the Submission to Lenders. An Offering is an advertisement of a rate that is actually available by a Lender at the time the consumer visits the Website and is not an offer or commitment for a mortgage, nor does it constitute a prequalification or preapproval or an offer for the same. An Offering also is subject to the disclaimers and other information contained within the Advertising Disclosure on the Website.
You acknowledge and agree that DiamondLendingTeam is not endorsing or recommending, implicitly or explicitly, any particular Lender or Lenders and is not acting as your agent with respect to your interaction with any particular Lender or Lenders within its Network. You further acknowledge and agree that DiamondLendingTeam makes no representations, recommendations, or endorsements, expressly or implicitly, of any kind regarding the generation or presentation of the Offerings on the Website. If you are a User, you further acknowledge and agree that DiamondLendingTeam has not charged you a fee for your Submission or for any other function or feature provided by our Service.
You, as a consumer User, acknowledge and agree that the requirements of any Offerings that may be made available by a Lender including, but not limited to, rates and fees where applicable, are made by the Lender and that DiamondLendingTeam does not recommend, endorse, warrant or guarantee the availability of any such Offerings, nor does DiamondLendingTeam participate in the transaction between you and a Lender pertaining to said Offerings.
You acknowledge and agree that by providing DiamondLendingTeam with a Submission you are consenting to be contacted by one or more Lenders in our Network and by any suitable medium including, but not limited to, via a mobile device or email, based on the information provided in said Submission, even if you have opted out of a National, State, or company Do Not Call list.
You acknowledge and agree that a Lender may maintain information provided by you in your Submission, even if said Lender does not respond to your Submission with one or more Offerings. You further acknowledge and agree that it is your responsibility to contact a Lender directly if you no longer want to receive further communications from said Lender.
You acknowledge and agree that Lenders in our Network expressly reserve the right to terminate the availability of any and all Offerings, at the Lenders’ sole discretion, and that DiamondLendingTeam has no control over Lender Offerings, with respect to their availability, terms, or in any manner whatsoever.
Limited License.
All content on our Service including, without limitation, designs, text, graphics, logos, icons, documents, services, pictures, video, information, applications, software, metadata, code, music, files, and other content, and their selection and arrangement (collectively, the "Information"), are the sole property of DiamondLendingTeam or its licensors with all rights reserved.
If you meet the requirements of Eligibility, and have properly gained access to our Service as provided for in this Agreement, then you are granted a limited license to use our Service and the Information, and to download and print a copy of any portion of the Information for non-commercial use, provided that you keep all copyright or other proprietary notices intact.
As pertaining to all the Information you may not make available, in any form and by any mechanism, said Information on any public or private website or incorporate the Information in any other database or compilation.
Any use of the Information, other than as set forth herein, is strictly prohibited. This limited license allows you to use the Information only for lawful uses in accordance with the foregoing and, unless expressly authorized by DiamondLendingTeam in writing, does not allow you to sell the Information, use the Information for any commercial purpose (including, without limitation, in connection with the training, development, or use of a machine learning and/or artificial intelligence model or tool), or use any type of data mining, indexing, monitoring, scraping, spidering, crawling, harvesting, or similar data gathering or extraction methods, whether by automated means or manual processes, on any portion of our Service or the Information.
Absent prior written consent from DiamondLendingTeam, you may not copy, reproduce, imitate, dilute, alter, use in a confusing or misleading manner, or otherwise exploit any elements of our Service or the Information, including but not limited to, graphics, digital images, company names, logos, service marks, trade dress, slogans, designs, sounds, images, and buttons protected by trademark and copyright laws. Absent prior written consent from DiamondLendingTeam, you may not frame or use framing techniques to enclose any logo, trademark or other copyrighted or proprietary Information of DiamondLendingTeam (including, but not limited to, images, text, page layout, or form). Absent prior written consent from DiamondLendingTeam, you may not use any meta tags or any other "hidden text" utilizing DiamondLendingTeam name or trademarks.
Unless expressly stated in this Agreement, or in a subsequent agreement entered into by DiamondLendingTeam and a Registered User, nothing herein shall be construed as conferring any license to intellectual property rights, in any form or by any mechanism.
The above limited license is revocable at any time without notice and with or without cause. If you breach any of the terms of this Agreement, the above license will terminate automatically, and you must immediately destroy any downloaded or printed Informatio