Terms & Conditions

 

Vetted Capital – Terms & Conditions

Effective Date: 02/01/2022

NMLS ID: 2016512

Website: https://vettedcapital.us

By accessing or using the services of Vetted Capital (“Company,” “we,” “our,” or “us”), you (“you,” “your,” or “Client”) agree to be bound by these Terms & Conditions (“Terms”). If you do not agree, you must not use our services.

1. Scope of Services

1.1 We are a licensed mortgage broker. We do not directly make loans, approve credit, or commit to lend funds. All loan approvals and terms are subject to third-party lender underwriting requirements, applicable laws, and market conditions.

1.2 Nothing in these Terms shall be construed as a promise, guarantee, or representation of loan approval, specific loan terms, or funding.

1.3 Our role is to arrange and facilitate mortgage loan applications with third-party lenders on your behalf, consistent with applicable state and federal laws.

2. Licensing & Regulatory Compliance

2.1 We comply with the Real Estate Settlement Procedures Act (RESPA), Truth in Lending Act (TILA), Equal Credit Opportunity Act (ECOA), the Bank Secrecy Act (BSA), the USA PATRIOT Act, and all other applicable state and federal regulations.

2.2 Licensing information and required disclosures will be provided as required by law for each jurisdiction in which we operate.

3. Client Representations

You represent and warrant that:

a. All information and documentation you provide is true, complete, and accurate;

b. You will promptly notify us if any information changes;

c. You understand that false, misleading, or omitted information may result in loan denial, withdrawal, or legal action.

4. No Guarantee of Approval

4.1 Pre-qualification or pre-approval letters are conditional and not a commitment to lend.

4.2 Loan terms, interest rates, and fees are subject to change until locked and confirmed in writing by the lender.

5. Fees & Compensation

5.1 Broker Compensation – Our compensation is disclosed on the Loan Estimate (LE) and Closing Disclosure (CD) as required by law.

5.2 We may be compensated by the lender (lender-paid) or by the borrower (borrower-paid).

5.3 Certain fees (e.g., credit report, appraisal, application) may be non-refundable. You will be notified in advance if any fees are non-refundable.

5.4 We will not charge or receive any unearned fees, kickbacks, or referral fees in violation of RESPA Section 8.

6. Privacy & Data Security

6.1 We collect, store, and use personal information in accordance with our Privacy Policy (link to privacy page).

6.2 While we use reasonable safeguards to protect your data, we cannot guarantee absolute security and are not liablefor unauthorized access beyond our reasonable control.

7. Electronic Communications & Signatures

7.1 You consent to receive documents, disclosures, and communications electronically.

7.2 Electronic signatures have the same legal effect as handwritten signatures (per the E-SIGN Act).

8. Third-Party Services

We are not responsible for the actions, omissions, or performance of third parties, including lenders, title companies, appraisers, credit bureaus, insurance providers, or other service providers.

9. Limitation of Liability

9.1 To the fullest extent permitted by law, the Company, its owners, officers, employees, affiliates, and contractors shall not be liable for:

  • Indirect, incidental, special, punitive, or consequential damages;

  • Loss of profits, business opportunities, or data.

    9.2 Our total liability shall not exceed the total compensation actually paid to us by you in the 12 months preceding the event giving rise to the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its owners, officers, employees, affiliates, successors, and assigns from and against all claims, damages, liabilities, losses, costs, and expenses (including attorneys’ fees) arising from:

a. Your breach of these Terms;

b. Your misrepresentation or omission of material facts;

c. Your dealings with third parties in connection with the Services.

11. Governing Law & Dispute Resolution

11.1 These Terms shall be governed by the laws of the United States and the laws of any jurisdiction selected by the Company at its sole discretion.

11.2 Any dispute shall be resolved exclusively through:

a. Binding arbitration under the rules of the American Arbitration Association (AAA), seated in a jurisdiction chosen by the Company, or

b. If arbitration is not enforced, in a court of competent jurisdiction chosen by the Company.

11.3 You waive any objection to venue, jurisdiction, or forum based on inconvenience.

12. No Fiduciary Duty

We are not acting as a fiduciary, financial advisor, legal advisor, or tax advisor. You should seek independent legal or tax advice before making decisions related to your mortgage.

13. Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control, including but not limited to natural disasters, acts of government, pandemics, cyberattacks, lender delays, or utility failures.

14. Termination of Services

We may terminate, suspend, or refuse Services at any time for any reason, subject to applicable law, without liability to you.

15. Prohibited Conduct – Fraud, Misrepresentation & Unlawful Activity

15.1 Strict Prohibition – You are strictly prohibited from engaging in any unlawful, fraudulent, or deceptive activity in connection with the Services, including but not limited to:

  • Providing false, misleading, or incomplete information;

  • Submitting altered, falsified, or counterfeit documents (including pay stubs, bank statements, identification, tax returns, or employment verifications);

  • Using another person’s identity or impersonating another person;

  • Engaging in identity theft or facilitating identity theft;

  • Participating in money laundering, terrorist financing, or any activity in violation of the Bank Secrecy Act (BSA) or USA PATRIOT Act;

  • Concealing or omitting material facts relevant to the loan transaction;

  • Structuring transactions to evade legal reporting requirements.

15.2 Right to Investigate & Report – The Company reserves the right to:

  • Verify the authenticity of all information and documentation you provide;

  • Request additional information or documentation at any time;

  • Immediately terminate Services if fraud, misrepresentation, or unlawful activity is suspected;

  • Report suspected fraud, identity theft, or other unlawful activity to law enforcement, regulatory agencies, lenders, and any other relevant parties, without notice to you.

15.3 Indemnification for Violations – You agree to indemnify and hold harmless the Company, its owners, officers, employees, affiliates, and partners from all claims, losses, liabilities, damages, costs, and expenses (including attorneys’ fees) arising from your engagement in any prohibited conduct described in this section.

15.4 Acknowledgment – You understand that engaging in prohibited conduct may result in criminal prosecution, civil penalties, forfeiture of funds, and permanent denial of credit.

16. Owner Liability Shield

To the maximum extent permitted by law, you agree that no claim, legal action, or proceeding of any kind may be brought against the individual owners, members, managers, officers, or employees of the Company in their personal capacity. Any such claims must be directed solely against the Company as a legal entity.

17. Severability & Waiver

If any provision is deemed invalid, the remaining provisions remain in effect. No waiver of any provision is a waiver of any other or future provision.

18. Entire Agreement

These Terms, together with required disclosures and the Privacy Policy, constitute the entire agreement between you and the Company.

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.

 

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