Terms of Use

Last updated: October 5, 2021

YOUR USE OF THIS WEBSITE AND YOUR TRANSACTIONS CONDUCTED WITH THE COMPANY IN CONNECTION WITH THIS WEBSITE ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS, ALSO REFERRED TO AS “TERMS OF USE”. CLICKING WEB PAGES BEYOND THE WEBSITE'S HOMEPAGE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT WITH THE TERMS OF USE WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH THE COMPANY AND WHETHER OR NOT YOU COMPLETE YOUR TRANSACTION ON THE WEBSITE OR THROUGH OTHER CHANNELS, SUCH AS BY PHONE, BY EMAIL, FACSIMILE OR OTHER FORM.  IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU MAY NOT USE THIS WEBSITE.

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party.

Country refers to: United States

Company (referred to as either “the Company”, “We”, “Us”, or “Our” in this Agreement) refers to Perk Lending, LLC

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Service refers to the Website and its purposes.

Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Website refers to www.perklending.com

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Website Ownership

This website is owned and operated by Perk Lending, LLC, 130 S Indian River Drive, Suite 202, which is referred to below as “Perk Lending” or "We" or "Us" or "Company" or "Our."

Permitted Use

You agree that:

  • your use of this website is subject to and governed by these Terms of Use

  • you will only access or use this website and transact business with us if you are at least 18 years old

  • you will comply with and be bound by these Terms of Use as they appear on this website each time you access and use this website

  • each use of this website by you indicates and confirms your assent to and agreement to be bound by these Terms of Use

  • these Terms of Use are a legally binding agreement between you and Perk Lending, LLC that will be enforceable against you

You agree that you will not use or attempt to use this website for any purpose other than conducting mortgage related business with Perk Lending, LLC as a bona fide client of Perk Lending, LLC. You agree that you will you not use or attempt to use this website or any part of this site for any other purposes.

You may not use the website or any part of this site for any purpose:

  • that interferes with or induces a breach of the contractual relationships between Perk Lending and its employees,

  • that is any way unlawful or prohibited, or that is harmful or destructive to anyone or their property,

  • that transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited Email, unsolicited commercial communications,

  • that transmits any harmful or disabling computer codes or viruses,

  • that harvests Email addresses from this site,

  • that transmits unsolicited Email to this site or to anyone whose Email address included the domain name on this website,

  • that interferes with our network services;

  • that attempts to gain unauthorized access to our network services,

  • that suggests an express or implied affiliation with Perk Lending, LLC or broker relationship with Perk Lending (without the express written permission of Perk Lending),

  • that impairs or limits our ability to operate this website or any other person's ability to access and use this website, and/or

  • that uses any methods, means or devices to click on to this website or cause a visit to this website for the purpose of manipulating the results of any Internet search engine, or for any other purpose other than conducting mortgage related business with Perk Lending as a bona fide client of Perk Lending.

  • that unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;

  • that harms minors in any way, including, but not limited to, transmitting or uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;

  • that transmits or uploads pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;

  • that harms, threatens, harasses, abuses or intimidates another person in any way or involves images or content that depicts, promotes, encourages, indicates, advocates or tends to incite the commission of a crime or other unlawful activities;

  • that dilutes or depreciates the name and reputation of Perk Lending or any of its affiliates;

  • that transmits or uploads any content or images that infringes any third party's intellectual property rights or infringes any third party's right of privacy; or

  • that unlawfully transmits or uploads any confidential, proprietary or trade secret information.

Linking

For your convenience, our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

Unless expressly stated otherwise on this website, Perk Lending, LLC does not endorse, approve, sponsor or control, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services which this website may provide a link. By using this website you further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Access to This Website

Perk Lending reserves the right at all times, in its sole discretion and without notice to you, to deny your access to and use of this website, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Use of this Website

You agree and acknowledge that you have the sole responsibility and liability for your use of this website and for providing and maintaining all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary for you to access and use this website.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential punitive damages whatsoever (including, but not limited to, any damages or injury caused by error, inaccuracy, omission, interruption, defect, failure of performance, delay in operation or transmission, telecommunications failure or computer virus or other problem, that may result from the use of, or the inability to use, this website or the web page content on or available through this website, whether in an action alleging breach of contract, negligence or any other cause of action, or arising out of or in connection with the use or performance of any web page content on or available through this website, or otherwise in connection with any provision of these terms). You agree that the Company shall not be liable even if We or our authorized representatives have been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and its respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or emails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

United States Legal Compliance

You represent and warrant that you are responsible for compliance with all federal, state and local laws applicable to your access to and use of this website.

Severability

If any provision of these Terms is held to be unenforceable or invalid, you agree that such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. Void or unlawful provisions shall not affect the validity and enforceability of such other provisions.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Indemnification

If you make any unauthorized use of this website or violate the Terms of Use:

  • you may be in violation of copyright and other laws of the United States, as well as applicable state laws, and may be subject to penalties

  • you may be responsible for damages caused to the Company

You agree to indemnify the Company and its affiliates, vendors and licensors, and all of the employees, officers, directors, agents and representatives of the Company, and to hold all of them harmless from, all costs, claims, damages, expenses or other losses, including attorney's fees and court costs, that arise from or are related to your use of this website and/or your breach/violation of or failure to comply with the Terms of Use.

Communications with the Company

Time Sensitive Instructions: do not use the website, PC-talk, chat or Email to communicate any time-sensitive instructions that are in any way related to or affect your loan, loan application or closing (such as interest rates locks, cancellation of a closing, rescissions, or the like). Such instructions may not be honored.

Loan Approvals: all loan approvals, rate locks, and the like, are not made nor guaranteed by the Company.

Credit Reports: By applying for credit, you are authorizing Perk Lending, LLC and its partners to obtain a copy of your credit report. As a result, a "hard" inquiry may appear on your credit report, which may negatively affect your credit score.

E-Signature: General communications are not intended by us to constitute either an electronic record or an electronic signature, or to constitute any agreement by the sender to conduct a transaction by electronic means, unless a specific statement to the contrary is included in the message and specific e-signature procedures are employed. However, your assent to a "click to accept" button or box is binding upon you.

Recording & Monitoring of Communications: Your communications with us via the website, PC-talk, chat Email, and telephone may be recorded or monitored and by using such communications methods you are consenting to the recording or monitoring of the same.

Reasonable Efforts

While Perk Lending, LLC will use all of its reasonable efforts to have your application fully processed and closed on or before any applicable rate lock expiration date (if any) and/or anticipated closing date, some processes are not under our control. We are not responsible for delays in loan approval or closing due to: the untimely receipt of an acceptable appraisal; the untimely receipt of required documentation; your existing home not selling; matters disclosed by a title commitment or survey; any other matters beyond the Company’s reasonable control.

Agreement to Provide Accurate Information

In making a mortgage financing inquiry, application, or in entering into any other transaction or request for information on this website, you agree to provide accurate, true, current, and complete information upon which the Company may rely upon.

Deposit / Refund Policy

When you submit a loan application, the Company will begin to advance on your behalf costs for certain third-party expenses. If you do not fully cooperate in or complete the application process (including submitting all required documentation in a timely manner), choose to withdraw your application, or choose not to close the transaction for any reason, you may be required to pay for some or all of the Company’s third-party costs. You should review your deposit agreement for details specific to your loan application.

Your Cooperation Needed

When you submit an application, you agree to cooperate in the application process and if needed, to obtain information the Company and other partners may need from third parties such as your bank, employer, current mortgage company, etc. In addition, you agree to notify the Company of any changes in any information submitted in connection with your application.

Equal Opportunity Employer

This company is an equal opportunity employer.

Disclosures and Licenses

Perk Lending, LLC is a licensed mortgage broker, NMLS ID# 2108666. As prohibited by federal law, we do not engage in business practices that discriminate on the basis of race, color, religion, national origin, sex, marital status, age (provided you have the capacity to enter into a binding contract), because all or part of your income may be derived from any public assistance program, or because you have, in good faith, exercised any right under the Consumer Credit Protection Act.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time, without notice to you. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, you can contact us.
By email: support@perklending.com
By mail: 1500 Old Daytona Ct, Unit D, Deland, FL 32724