Terms of Service | Afford Colorado

These Terms of Service (the "Terms") govern your access to and use of the products and services provided by Unified National Mortgage LLC (dba Afford Lending, Afford Colorado, Afford California, Afford Texas, Afford Washington) and its affiliates and subsidiaries.

These companies are collectively referred to as "Afford", "we", "us", or "our" for the purposes of these Terms.

These Terms apply to all of our websites (the "Sites") and the mortgage services we provide through the Sites or any other medium (collectively, the "Services").

These Terms include our Privacy Policy and state the agreement ("Agreement") between you and us regarding your use of the Services. This Agreement also provides important information to you, including information about your obligations about content and our limitation of liability to you.

By accessing, downloading, or using any portion of the Services, you signify that you accept the terms of the Agreement. If you do not accept, then please do not use the Services.

If you have questions about this Agreement or the Sites, please email us at legal@affordcolorado.org.

1. Eligibility

You must be at least 18 years old and a resident of the United States to use the Services. By agreeing to these Terms, you represent and warrant that:

You are at least 18 years of age.
You have not previously been suspended or removed from use of the Services.
Your registration and your use of the Services is in compliance with all applicable laws and regulations.

2. Intellectual property ownership and license

All materials (including source code, data, images, and other content) contained in the Services, including the selection and arrangement of the materials, are owned by Afford or are licensed by Afford for use on the Sites.

Our logos, trademarks, service marks, and graphics used in connection with Afford are trademarks or registered trademarks of Afford in the U.S. and/or other countries. Afford also owns trade secrets and know-how that contribute to the functionality of the Services.

Except as enabled and directed on the Services, you may not modify, decompile, reproduce, redistribute, attempt to commercially gain from your use, or misuse, of the Services or any of their components. You may not use any meta-tags or other hidden text using the Afford names or trademarks without our specific permission. We may revoke your permission to access and use the Services, and we may block or prevent you from accessing the Services, in our sole discretion without notice. If you violate the Terms, your permission to access and use the Sites is automatically revoked.

Except for the limited license granted above, the Afford companies reserve all of their intellectual property rights in the Services. This Agreement does not grant you any right or license with respect to any trademarks and logos.

3. Registration

You must register with Afford to apply for a mortgage. When you register with us you are agreeing to these Terms and creating an Account. You agree to provide accurate, true, current, and complete information about you in your Account.

The information you provide in connection with the Services will be protected as described in our Privacy Policy. You are responsible for all activities related to the Services that occur through your Account. If your Account uses a password, you agree to keep it confidential. You agree to not use others' Accounts, nor permit others to use your Account. We reserve the right to terminate any Account at our sole discretion.

3.1 Deactivation

You can deactivate your Account at any time by emailing us at legal@affordcolorado.org requesting that your account be deactivated. If your Account remains inactive for 6 months or longer we may, at our discretion, deactivate your Account.

4. Communication

For purposes of responding to you and providing you with information and notices about your account or the Services, you agree that we may communicate with you using the contact information associated with your Afford Account, including your email address, telephone number, or postal address.

We have no liability arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services. When you request information from us you are extending an express invitation for us to contact you.

4.1 Consent to electronic communications

You agree and consent to receive all communications, agreements, documents, notices, statements, policies, and disclosures (collectively, "Communications") that we may provide in connection with your use of the Services in an electronic format.

We will provide these Communications to you by posting them on this Site or a third-party site accessible to you, and/or by emailing them, or a link to them, to you at the primary email address associated with your Account.

4.2 System requirements

In order to access and retain electronic Communications, you will need:

a computer or mobile device with an Internet connection;
a valid email address;
the most recent version of one of the following web browsers with cookies enabled:
- Chrome
- Safari
- Firefox
access to an up-to-date program to open PDF document, such as:
- Apple Preview
- Adobe Acrobat Reader

By using the Services you are consenting to and confirming that you have access to the necessary equipment and are able to receive, open, and download a copy of any Communications for your records. You may print or save a copy of these Communications for your records as they may not be available at a later date.

4.3 How to withdraw your consent

You may withdraw your consent to receive Communications electronically by emailing us at legal@affordcolorado.org or sending a typed letter to us at:


                Attn: Legal Department

                Afford Colorado

                888 4th Street, Suite 1, San Rafael, CA 94901

If you do not provide your consent or if you withdraw your consent to receive Communications electronically, we reserve the right to deny your use of the Services; restrict, close or deactivate your Account; or charge you additional fees for paper copies.

If, after you consent to receive Communications electronically, you would like a paper copy of a Communication we previously sent you, you may request a copy within 180 days of the date we provided the Communication to you by contacting us as described above. We will send your paper copy to you by U.S. mail. In order for us to send you paper copies, you must have a current street address on file as your physical address in your Account. If you request paper copies, you understand and agree that we may charge you a Records Request Fee of up to $5 for each Communication.

4.4 Updating your contact information

It is your responsibility to keep your email address and phone number up to date so that we can communicate with you electronically. You understand and agree that if we send you an electronic Communication but you do not receive it because your email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, we will be deemed to have provided the Communication to you.

Please note that if you use an email filter that blocks or re-routes emails from senders not listed in your email address book, you must add Afford to your email address book so that you will be able to receive the Communications we send to you.

You can update your contact information at any time by logging into your Account on the Site, and going to the "Profile" page. If your email address becomes invalid such that electronic Communications sent to you by Afford are returned, we may deem your Account to be inactive, and you will not be able to transact any activity using your Account until we receive a valid, working email address from you.

5. Credit inquiries

There are two types of credit inquiries we may conduct based on your use of the Services as detailed below.

5.1 Soft credit inquiries

When you request a pre-qualification letter or pre-qualified rates, you consent to a soft credit inquiry (a "Soft Inquiry"). A Soft Inquiry does not affect your credit score. Soft Inquiries are shown only on copies of credit reports that are provided to you. Creditors and other users of credit reports cannot see Soft Inquiries.

At our cost and discretion, we may conduct a Soft Inquiry on a recurring basis until your Account is deactivated. See Deactivation for information on how to deactivate your account.

5.2 Hard credit inquiries

When you request a pre-approval or submit a mortgage application, you consent to a hard credit inquiry (a "Hard Inquiry"). A Hard Inquiry can have a negative impact on your credit score. Hard Inquiries are required by all lenders when you apply for a mortgage in order to effectively underwrite the loan.

5.3 How we obtain your credit report

In accordance with the Fair Credit Reporting Act (FCRA) and other applicable laws, your request(s) for pre-qualification, request(s) for pre-approval, or submission(s) of a mortgage application are considered written instructions for Afford and our respective agents to request, receive, and retain a copy of your consumer credit report and score (collectively a "Credit Report") from a consumer credit reporting agency (Experian, TransUnion and/or Equifax) using a soft or hard inquiry, as specified above.

5.4 How we use your credit report

Your Credit Report(s) may be used for a variety of reasons which may include, but are not limited to:

verifying your identity and other information submitted by you;
identifying loan products for which you may pre-qualify;
analyzing your creditworthiness for the purposes of underwriting a loan application

6. Third-party sites and services

We may use various third-party services ("Third-party Services") to supplement or enhance our Services. Examples of such Third-party Services include, but are not limited to, services that:

Assist with collecting and verifying your income, employment, and assets
Assist with requesting, receiving, and retaining your credit history

We may also include links to third-party websites ("Third-party Sites") on our Site for informational, educational, commercial, or other purposes.

You should review any applicable terms or privacy policy ("Third-party Agreements") of a Third-party Site or Service before using it or sharing any information with it because you may give the third-party permission to use your information in ways we would not.

We may incorporate certain Third-party Agreements by reference in this Agreement. However, the absence of references to such Third-party Agreements for a particular Third-party Site or Service does not imply that the agreements do not exist, nor does it waive your responsibility to review them before using said Third-party Site or Service.

We are not responsible for and do not endorse any features, content, advertising, products or other materials on or available from Third-party Sites or Third-party Services unless explicitly specified on our Site.

6.1 AccountChek

AccountChek provides income and asset verification services. By using AccountChek's service, you are agreeing to their Terms of Service and Privacy Policy.

7. Indemnification

You agree to defend, indemnify, and hold harmless Afford, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses (including, but not limited to, reasonable attorneys' fees and costs) arising out of your violation of this Agreement or use or misuse of the Services or these Sites.

8. Disclaimers

AFFORD PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AFFORD, AND THEIR AGENTS, AFFILIATES AND REPRESENTATIVES DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NON-INFRINGEMENT. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT NEITHER UNIFIED NATIONAL IS RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE, OR BODILY INJURY, WHETHER CAUSED BY ACCESS TO OR USE OF THE SERVICES OR THE SITE. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE SITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. AFFORD DOES NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, AFFORD DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SITES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

9. Limitation of liability

IN NO EVENT WILL AFFORD OR ANY OF ITS AGENTS, AFFILIATES OR REPRESENTATIVES BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST AFFORD, ITS AGENTS, AFFILIATES OR REPRESENTATIVES WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

10. Additional legal terms

A. Severability. If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision.

B. Entire Agreement. You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject of this Agreement; provided that the Mortgage Services will also be subject to the terms and conditions of any documents and disclosures provided in connection with the Mortgage Services (the "Mortgage Services Documents") and in the event of any conflict, the Mortgage Services Documents will control. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Afford services.

C. Amendments to this Agreement. We reserve the right to modify, supplement, or replace the terms of this Agreement at any time, effective prospectively upon posting on unified-national.com (or any subdomain thereof) or notifying you otherwise. For example, we may present a notification on the Services when we have materially amended this Agreement or the Privacy Policy so that you may access and review the changes prior to your continued use of the Services. If you find the Agreement unacceptable at any time, you can discontinue your use of the Sites and the Services. The most current version of this Agreement will always be available to you by clicking the link at the bottom of the Sites.

D. No Waiver. Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.

E. No Injunctive Relief. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services.

11. Governing law

This Agreement will be governed by the laws of the state of California (without regard to its provisions relating to conflict of laws) and any applicable federal law.