Terms of Use

Welcome to Giving Tree Lending.

The Giving Tree Lending service (the “Service”) is comprised of various web pages operated by Giving Tree Group, INC (“GTL”). The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms of Use”). By using the Service you agree to be bound by these Terms of Use. GTL provides the Service in accordance with these Terms of Use. Please read these Terms of Use carefully, and keep a copy of them for your reference.

GTL is a lender offering document workflow management system

GTL is an online document workflow management system used by borrowers and mortgage loan originators. The Service includes features for uploading, downloading, and managing documents and information related to obtaining a loan. These Terms of Use apply to all users, including borrowers and loan originators.

Your use of GivingTreeLending.com is subject to GTL’s Privacy Policy. Please review our Privacy Policy. If you are under 18, you may use the Service only with permission of a parent or guardian. If you are under the age of 13, you cannot use the Service. GTL does not knowingly collect, either online or offline, personal information from persons under the age of 13. Always use caution when giving out any personally identifying information about yourself or your children.

Electronic Communications

You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and through the Service, satisfy any legal requirement that such communications be in writing. These communications are considered part of the Service. You cannot opt out of receiving these communications. Notices to you may be made via either email or regular mail.

Registration of Account

In order to use the Service, you must have a valid GTL account (an “Account”). To establish an Account, you must provide GTL with a valid email address, a password, and other information. You may update your email address or password at any time. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur through your Account. You may not assign or otherwise transfer your account to any other person or entity.

You acknowledge that GTL is not responsible for third party access to your Account that results from theft or misappropriation of your Account. You agree to immediately notify GTL of any unauthorized use of your Account or any other breach of security, and ensure that you exit from your Account at the end of each session. GTL may log you out of your Account if you are inactive for an extended period of time. If your password is stolen or our Account is otherwise compromised, you must immediately notify GTL and change your password. GTL cannot and will not be liable for any loss or damage arising from your failure to maintain the security of your Account or password.

You represent and warrant that all of the information provided by you to GTL is correct and current; and you have all necessary right, power, and authority to enter into these Terms of Use and to perform the acts required of you by these Terms of Use. If you provide any information that is untrue, inaccurate, not current, or incomplete, or GTL has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, GTL has the right to suspend or terminate your Account and refuse you access to the Service.

Collection of your Personal Information

“Personal Information” means information that identifies you, such as your name, address, location, social security number, phone number, fax number, or email address. Personal Information includes financial documents and information that you may upload or otherwise transmit to the Service. This information is used to complete certain transactions.

Storage of Personal Information and documents

GTL may establish general practices and limits concerning use of the Service and data storage limits for your use of the Service. GTL may modify such practices and limits from time to time without notice.

The Service is not intended as a backup or storage system. You agree to maintain backup copies of all of your Personal Information, documents, and communications submitted to the Service. GTL shall have no responsibility or liability for the deletion of, the failure to store, or the failure to transmit, any Personal Information, documents, or communications maintained by the Service.

The Service is provided “as is”

GTL strives to provide a useful and reliable Service, but there are certain things that we cannot guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, GTL AND ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICE. THE SERVICE IS PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GTL OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF DATA, OR LOST PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF GTL OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

THE INFORMATION, SOFTWARE, PRODUCTS, AND FEATURES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GTL OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS OR CHANGES IN THE SERVICE AT ANY TIME.

Indemnification

You agree to indemnify, defend and hold harmless GTL, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities and expenses, including reasonable attorneys’ fees, relating to or arising out of your use of or inability to use the Service.

You further agree to indemnify, defend and hold harmless GTL, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses, including reasonable attorneys’ fees, relating to or arising out of any documents or information you upload or download or otherwise transmit through the Service; your violation of any of these Terms of Use; your violation of any rights of a third party; or your violation of any applicable laws, rules or regulations. GTL reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall fully cooperate with GTL in asserting any available defenses.

No unlawful or prohibited use

As a condition of your use of the Service, you warrant that you will not use the Service for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service.

The Service provides communication features including the uploading and downloading of documents. You agree to use the Service only to upload, download, send and receive documents and information that are proper and related to the Service.

You agree that you will not:

  • upload, post, email, or otherwise transmit any computer viruses, routines, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • upload, post, email, or otherwise transmit any document or information that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
  • upload, post, email, or otherwise transmit any inappropriate, profane, defamatory, infringing, obscene, harassing or threatening documents or information;
  • interfere with or disrupt the Service or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service, or otherwise interfere with the Service in any way, including through the use of JavaScript or other coding;
  • obtain or attempt to obtain any documents or information through any means not intentionally made available or provided for through the Service;
  • take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
  • download or access any document or information that you know, or reasonably should know, should not be be accessible to you;
  • harvest or otherwise collect information about others, including email addresses, without their consent;
  • violate any applicable laws or regulations; or
  • exceed the scope of the Service that you have signed up for; for example, accessing and using features that you do not have a right to use or sharing your Account information with other people.

GTL reserves the right to monitor your use of the Service and edit, refuse to post, or to remove any information or documents, in whole or in part. In addition GTL may terminate your Account at any time without further warning if it determines that you have violated these Terms of Use or their spirit.

Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordance with these Terms of Use. You agree not to reproduce, duplicate, copy, sell, resell, or exploit the Service or any portion of the Service without the express permission of GTL.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Service, is the property of GTL or its suppliers and protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark, and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale of the Service; or create derivative works of the Service. No resale of the Service is permitted without the express written consent of GTL.

Third Party accounts

You will be able to connect your GTL account to third party services. By connecting your GTL Account to a third party service, you acknowledge and agree that you are consenting to the continuous release of information about you to that third party in accordance with your privacy settings with those third party services and the terms of service of those third parties. If you do not want information about you to be shared in this manner, do not use these features. You may disconnect your Account from third party services at any time.

GTL encourages you to review the terms of service and privacy policies of any third-party service you connect to your GTL account so that you can understand how those services collect, use, share, and protect your information. GTL is not responsible for the terms of service, privacy policies or other content on or of third party services.

Linked Services

The Service may contain links to other services (“Linked Services”). The Linked Services are not under the control of GTL and GTL is not responsible for the contents of any Linked Service, including without limitation any link contained in a Linked Service, or any changes or updates to a Linked Service. GTL provides these links to you only as a convenience, The inclusion of any link does not imply endorsement by GTL of the Linked Service or any association with its operators.

SMS message service

SMS messages will be sent from +1 (833) 824-0024.

SMS message service subscribers can:

  • Opt in to the SMS service in the GTL 1003 Web Application or on the Account Settings page
  • Opt out of the SMS service on the Account Settings page or by replying with the keyword “STOP” to the message received
  • Receive assistance with the SMS service by replying with the keyword “HELP” to the message received

You may receive up to five SMS messages per week, occasionally more. Standard message and data rates may apply.

Termination policy

Your data is yours. You can remove it anytime you want. When you request that we terminate your Account, your Personal Information including your documents will be permanently expunged from our primary production servers and further access to your Account will not be possible. GTL will disconnect your Account from all third party services. However, there might be some latency in deleting your information and documents from our backup servers and backup storage. GTL keeps these backups to ensure our continued ability to provide the Service in the event of malfunction or damage to our primary production servers. In addition we may retain certain information or documents if necessary to comply with our legal obligations, resolve disputes, or enforce our agreements.

GTL reserves the right, in its sole discretion, to terminate your access to the Service or any portion thereof at any time, without notice. In the event your access is terminated by GTL, your Account will be disabled and you will not be granted access to your Account or any document or information hosted by the Service. GTL may delete your documents or information.

In the event of termination, GTL may also withdraw and at its discretion reallocate the public web address of the Service.

Government and legal requests

GTL’s performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of GTL’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Service or documents or information provided to or gathered by GTL with respect to such use. GTL reserves the right to disclose any documents or information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

International users

Colorado law applies

To the maximum extent permitted by law, these Terms of Use are governed by the laws of the State of Colorado. Any dispute arising under or in connection with the Service or these Terms of Use shall be subject to the exclusive jurisdiction of the state courts located in Boulder County, Colorado or the United States District Court for the District of Colorado, located in Denver, Colorado. You hereby consent to the exclusive jurisdiction and venue of these courts. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, without limitation, this section.

Not a joint venture

You agree that no joint venture, partnership, employment, or agency relationship exists between you and GTL as a result of these Terms of Use or use of the Service.

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.

GTL is not designed or licensed for hazardous environments

Without limiting the foregoing, the Service is not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems.

New, modified, and discontinued features

Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to these Terms of Use. GTL may at its sole discretion modify or discontinue features of the Service from time to time without prior notice. You agree that GTL shall not be liable to you or to any third party for any modification, suspension, termination, or discontinuation of the Service.

Access through unauthorized means

You agree not to access the Service by any means other than through the interfaces that are provided by GTL for use in accessing the Service.

Injunctive relief

You acknowledge that any use of the Service contrary to these Terms of Use, or any transfer, sublicensing, copying, or disclosure of technical information or materials related to the Service, may cause irreparable injury to GTL, its affiliates, suppliers, and any other party authorized by GTL to promote the Service (“Promoters”), and under such circumstances GTL, its affiliates, suppliers, and Promoters will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.

Any and all rights and remedies of GTL upon your breach or other default under these Terms of Use will be deemed cumulative and not exclusive of any other right or remedy conferred by these Terms of Use or by law or equity on GTL, and the exercise of any one remedy will not preclude the exercise of any other.

Statute of limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.

Entire agreement

Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and GTL with respect to the Service and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and GTL with respect to the Service. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The captions and headings appearing in these Terms of Use are for reference only and will not be considered in construing this agreement.

GTL reserves the right, in its sole discretion, to change the Terms of Use under which the Service is offered. If GTL changes these Terms of Use, you will be required to agree to them prior to resuming use of the Service. If you choose not to agree to the changes, you may terminate your use of the Service.

If you have any questions or concerns regarding the Terms of Use, email hello@givingtreelending.com or call +1 (800) 921-1695.

Effective as of August 30, 2023