Terms of Use
Arbitration and Class Action Waiver
This agreement contains a mandatory arbitration provision, waiver of jury trial, and waiver of participation in class actions. Please read carefully. By using our website or services, you agree to resolve any dispute with us through binding individual arbitration, not in court.
On this page
- Who Operates This Site
- Broker Compensation
- Site and Services Use
- TCPA and Marketing Consent
- Electronic Signature Acceptance
- No Guarantee of Loan Approval
- HELOC-Specific Disclosures
- Prohibited Use
- Copyright and Trademark Notice
- No Warranty
- Release of Claims
- Data Retention
- State-Specific Provisions
- Arbitration Agreement and Class Action Waiver
- Limitation of Liability
- Changes to These Terms
- Contact Us
1.Who Operates This Site
digitalheloc.ai is a consumer-facing website operated by Lender Express Mortgage LLC, a licensed mortgage broker headquartered in Mesa, Arizona. The consumer brand digitalheloc.ai and the legal entity Lender Express Mortgage LLC are part of the same organization. References in these Terms to “we,” “us,” or “our” refer to Lender Express Mortgage LLC operating through digitalheloc.ai.
We do not make or fund loans. Instead, we connect borrowers with mortgage lenders who offer loan products based on eligibility. Final loan terms, approvals, and decisions are made by the third-party lender.
NMLS Consumer Access: www.nmlsconsumeraccess.org
NMLS ID: 1963444
2.Broker Compensation
Lender Express Mortgage LLC is compensated by the lenders we work with on behalf of borrowers. This compensation is typically paid by the lender at the time the loan closes and is disclosed in your loan documents. In some cases, compensation arrangements may be borrower-paid or otherwise structured, and any such arrangement will be disclosed to you before you commit to the loan.
Our compensation does not change the products, rates, or terms we recommend. We shop multiple lenders and match each borrower to the option that best fits their situation, regardless of how the compensation is structured.
3.Site and Services Use
Our site and services are intended for U.S. residents age 18 or older. By using our site, you certify that:
- You are at least 18 years of age.
- You assume full responsibility for any use of this site by minors under your supervision.
- All information you submit is accurate and complete, and you have not submitted false or misleading information.
- Your use of this site complies with all federal, state, and local laws.
4.TCPA and Marketing Consent
By submitting an inquiry through our site:
- You may be contacted by us and third-party companies via phone, text (SMS/MMS), email, or automated dialing systems.
- You give express written consent to be contacted at the phone number you provide, even if your phone number is on a Do Not Call list.
- Your information may be shared with mortgage-related service providers for marketing and informational purposes.
- You understand that your consent to be contacted is not a condition of purchasing any product or service.
- Standard message and data rates may apply.
You may opt out of receiving communications at any time by following unsubscribe instructions in our emails or replying STOP to any text message. See our Privacy Policy for details on how we handle the information you provide.
5.Electronic Signature Acceptance
By using our site, submitting an inquiry, checking a consent box, or clicking a button to agree, you consent to do business with us electronically. You agree that your electronic acceptance of these Terms, our Privacy Policy, and any other disclosure, agreement, or document presented to you in connection with our services is the legal equivalent of your handwritten signature.
This consent is given under the Electronic Signatures in Global and National Commerce Act (E-Sign Act, 15 U.S.C. ยงยง 7001 et seq.) and any applicable state electronic signature laws. You confirm that you have access to a device and software capable of receiving, viewing, and storing electronic disclosures, including documents in PDF format.
You may withdraw your consent to electronic delivery at any time by contacting us at the address listed in Section 17, but withdrawal of consent will not affect the validity of any electronic signatures or records created before withdrawal.
6.No Guarantee of Loan Approval
All loan information on our site, including any estimates from our calculator or other interactive tools, is provided for informational purposes only and does not constitute an offer or commitment to lend. We do not guarantee loan approval, specific rates, specific line amounts, or product availability.
Final loan terms and decisions are at the sole discretion of the lender and are subject to full underwriting, credit approval, property approval, income and credit review, title review, program guidelines, and state availability. Estimates and offers may change based on borrower qualifications, market conditions, and other factors.
7.HELOC-Specific Disclosures
A home equity line of credit (HELOC) is a loan secured by the borrower’s home. The lender takes a security interest in the property, typically as a second position behind an existing first mortgage.
Risk of Loss of Property. Failure to repay the HELOC according to its terms may result in foreclosure and the loss of the borrower’s home. Borrowers should carefully consider their ability to repay before opening a HELOC.
Variable Rate Products. Many HELOCs carry variable interest rates that change over time based on a published index. Monthly payments may increase or decrease as the rate changes. Some products may convert to fixed-rate options. Specific rate and payment terms are disclosed to the borrower in their loan documents.
Federal Consumer Protections. HELOCs are subject to federal consumer protection laws, including the Truth in Lending Act (TILA), the Real Estate Settlement Procedures Act (RESPA), and the Home Mortgage Disclosure Act (HMDA). Required disclosures and rescission rights are provided to borrowers in accordance with applicable law.
Tax Implications. Interest on a HELOC may or may not be tax-deductible depending on the use of the funds and your individual tax situation. Consult a tax advisor for guidance specific to your circumstances. Lender Express Mortgage LLC does not provide tax advice.
8.Prohibited Use
You may not use this website or its services for any unlawful or abusive purpose. This includes but is not limited to:
- Posting or transmitting illegal, harmful, threatening, abusive, defamatory, or obscene content.
- Impersonating any person or misrepresenting your affiliation.
- Using automated tools (such as bots, scrapers, or crawlers) without express written permission.
- Interfering with site operations or attempting unauthorized access to any portion of the site, servers, or networks.
- Distributing viruses, malware, or any harmful code.
- Submitting false, misleading, or fraudulent information.
9.Copyright and Trademark Notice
All content on our site is owned by Lender Express Mortgage LLC or licensed to us, including the digitalheloc.ai brand, logos, text, graphics, software, calculator tools, and other materials. This content is protected by United States and international intellectual property laws and may not be copied, modified, distributed, or reused without our prior written permission.
You may print individual pages for personal, non-commercial use only. Any other use, including commercial use, redistribution, or modification, is prohibited.
10.No Warranty
This site and all services are provided “as is” and “as available.” We make no warranties of any kind, express or implied, including:
- Accuracy or completeness of content, including calculator estimates and informational pages.
- Availability or reliability of services.
- Fitness for a particular purpose or merchantability.
- Non-infringement of third-party rights.
We are not responsible for errors, interruptions, or technical malfunctions, and we do not guarantee that our site is free from viruses or harmful code. We expressly disclaim any responsibility for third-party products, services, or information presented on or accessed through our site.
11.Release of Claims
By accessing or using our website or services, you hereby release, remise, and forever discharge Lender Express Mortgage LLC, its officers, directors, employees, agents, vendors, and service providers from any and all claims, liabilities, causes of action, damages, or demands, whether known or unknown, arising out of or connected to your use of this site or the services provided through it.
This includes, but is not limited to:
- Any disputes arising from contact by third-party lenders, affiliates, or service providers.
- Any dissatisfaction with a financial product or referral.
- Any errors or omissions in the services provided through our platform.
- Any results produced by the calculator or other interactive tools on our site.
You agree that this release is intended to be interpreted broadly and includes claims based on contract, tort, statute, regulation, or any other legal theory.
12.Data Retention
Information you submit through our site, including contact information, property details, and any documents you upload, is retained for as long as is reasonably necessary to provide services to you, comply with our legal and regulatory obligations, resolve disputes, and enforce our agreements. Retention periods may vary based on the type of information and applicable legal requirements.
For detailed information about how we collect, use, share, and retain your personal information, please review our Privacy Policy.
13.State-Specific Provisions
California Residents
If you are a California resident, you have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), including the right to know what personal information we collect about you, the right to request deletion of your personal information, the right to correct inaccurate personal information, and the right to opt out of the sale or sharing of your personal information.
To exercise these rights, please visit our Do Not Sell My Personal Information page or review our Privacy Policy for details on how to submit a request.
Other State Residents
Residents of other states may have additional rights under applicable state law, including but not limited to the Colorado Privacy Act, the Virginia Consumer Data Protection Act, the Connecticut Data Privacy Act, and similar state-level privacy laws. Please review our Privacy Policy for information on how to exercise these rights.
14.Arbitration Agreement and Class Action Waiver
You and Lender Express Mortgage LLC agree that any and all disputes or claims arising out of or relating in any way to these Terms, your use of our services, or any products you receive through our site shall be resolved exclusively through final and binding arbitration administered by JAMS, rather than in court, except that either party may bring an eligible claim in small claims court in Maricopa County, Arizona.
Prohibition of Class and Representative Actions
YOU AND WE AGREE THAT CLAIMS MAY ONLY BE BROUGHT ON AN INDIVIDUAL BASIS. You waive the right to bring or participate in a class action, class arbitration, or other representative proceeding.
Unless both parties agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims, and may not preside over any form of class or representative proceeding.
Arbitration Procedures
- Arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards.
- The arbitration will take place in Maricopa County, Arizona, or by phone or written submission if mutually agreed.
- The arbitrator will apply the laws of the State of Arizona.
- The arbitrator’s decision is final and may be enforced in any court with jurisdiction.
Costs of Arbitration
Filing, administration, and arbitrator fees will be governed by JAMS rules. More information is available at www.jamsadr.com.
Severability
If any part of this Arbitration Agreement is deemed unenforceable, the remaining provisions will remain in effect. If the class action waiver is deemed unenforceable, the entire arbitration clause will be void.
Changes to Arbitration Agreement
We reserve the right to update this arbitration agreement. Changes will not apply to claims submitted before the changes take effect.
15.Limitation of Liability
In no event shall Lender Express Mortgage LLC or its affiliates be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from your use of the site or services, including but not limited to:
- Loss of data.
- Interruption of business.
- Financial losses or damages from third-party service providers.
- Errors or omissions in calculator estimates or other tools.
You agree that any claim must be filed within one (1) year of the event giving rise to it, or it will be permanently barred.
16.Changes to These Terms
We may update these Terms of Use at any time without prior notice. The Effective Date at the top of this page reflects the latest version. Your continued use of our site after any update constitutes your acceptance of the updated Terms.
For material changes that affect your rights, we will make reasonable efforts to notify you, such as posting a notice on our site or sending an email to the address you provided.
17.Contact Us
If you have any questions about these Terms of Use, please contact us:
Lender Express Mortgage LLC
2500 S Power Rd Bldg 9 Ste 133
Mesa, AZ 85209
contact@lenderexpress.com
Corporate NMLS #1963444