Overture Technologies (“Overture”) is located in Bethesda, Maryland. Overture owns and operates this Web site (located at www.overturemarketplace.com) (referred to as the “Overture Site”). By using and submitting information through the Overture Site, you agree to be bound by the following terms and conditions. This is an agreement between you and Overture, so please read this document.
If you have any questions, please e-mail: email@example.com.
- The Overture Site provides information about student loans based on comparing your submitted information and your credit report with lenders’ pre-set loan criteria. We show you the results of the matching in order to help you shop. Your submission is NOT a loan application, and the results are NOT loan offers.
- To obtain a loan offer, you must submit an application directly with a lender.
- Do not rely on the results Overture presents.
- You authorize Overture to obtain a copy of your credit report.
- If you connect with a lender through this site to submit an application, you authorize Overture to share your information with that lender.
- Overture will be paid by a lender if you obtain a loan after connecting to the lender through this site.
- Overture pays marketing partners for marketing services, and you might have reached the Overture site through a marketing partner.
- You agree to arbitrate any claims you might have against Overture in lieu of going to court.
TERMS AND CONDITIONS
1. The Overture site provides information about student loans. The loan information we provide is not designed to advise you on your specific financial situation or to tell you whether a loan is right for you. You have to determine on your own whether a loan is right for you and, if so, which loan or loans to obtain. Your personal financial situation is unique. The loan information presented on Overture’s site may not be appropriate for you. Overture recommends that you obtain the advice of financial advisers who are aware of your individual circumstances.
2. The Overture site enables you to view loan information made available by lenders. For a full description, please read Who is Overture and How it Works . Here is a summary description of how the site works:
(a) You to submit information about yourself, your school, and your financing needs and Overture will obtain, with your consent, a copy of your credit report.
(b) Overture’s automated system matches your information (the information you submit and combined with information from your credit report) against factors provided to Overture by participating lenders. The purpose of the matching is to exclude loans for which you appear to not be eligible based on your information. The eligibility criteria include factors such as minimum income, minimum credit rating, school attended, loan amount, and similar kinds of minimum eligibility factors. More information about Overture’s lenders are located Here .
(c) If your submitted information matches with lenders’ loan information, we will present that loan information to you in the Loan Results screen. If you are not matched with any lender’s loans, we will inform you of that.
(d) If you are presented with one or more loans on the Overture site, the site will enable you to connect with the lender by linking to the lender’s website. You may inquire about an application for a loan by connecting with the lender directly. Overture is not a lender or a broker and does not facilitate or assist you with your application to the lender.
(e) Overture is not your agent. Overture and the Overture Site DOES NOT evaluate your situation to determine the right loan for you or whether you are actually eligible for the loan. You must do that on your own. Overture’s results are merely intended as indicative guidance to help you understand the market and to help you shop. And, Overture does not submit an application for you to the lender.
(f) If you obtain a loan from a lender through the Overture website, the lender will pay Overture a marketing services fee. More information about how Overture is paid is located below at Section 8.
(g) Overture is not a lender or an agent of any lender. Overture does not make credit decisions in connection with loans. Overture does not endorse or recommend any particular lender or loans. You must apply directly with a lender to determine your eligibility and to obtain a loan. A lender may reject you for a loan presented on the Overture site, and Overture may not present loan information even if you are eligible.
(h) Overture’s services are marketing services intended to help you understand the market and shop.
(i) The Lender is solely responsible for its services to you, and you agree that Overture is not participating in any way in selecting lenders for you or advising on any loans.
3. NOT A LOAN APPLICATION. The information you provide Overture is not, and will not be treated as, an application for a loan or a request to be pre-approved, pre-qualified or any similar concept. Overture does not evaluate you for approval in any loan with any Lender and Overture does not attempt to make a credit decision. Loan approval is performed solely by individual Lenders after you connect with them directly. Nothing in or on this site constitutes an offer or a promise for a loan or a loan commitment. At the time Overture presents loan information to you, if you are eligible, Overture will merely provide you with information to contact the lender directly, if you choose to do that.
4. Overture does not guarantee that the loan results presented on our site will be available from lenders. Only the lender can determine the loan price and other terms after you apply directly with the lender. YOU SHOULD NOT RELY ON ANY LOAN INFORMATION PRESENTED ON THIS OVERTURE SITE – YOU MUST APPLY DIRECTLY WITH THE LENDER TO OBTAIN A LOAN OFFER.
5. Overture does not guarantee that the loan terms or rates offered and made available by Lenders are the best terms or lowest rates available in the market. Lenders may not offer all products as well as not offer products in all states. Lenders’ loans are additionally subject to market conditions, approval and qualification. The rates and fees actually provided by lenders may be higher or lower depending on your complete profile. Nothing contained in the Overture site is an offer or promise for a loan commitment or interest rate lock-in agreement. Also, only a subset of all lenders participate in this Overture website. For more information about the participating lenders, please click Here .
6. You authorize Overture to do several things, as follows:
(a) When you submit your information into the Overture system, you authorize Overture to obtain a copy of your credit report from a credit bureau. Overture will use the information in the credit report to help to compare your information with lenders’ loan products, with the goal of showing you loans that you appear to match.
(b) If you are presented with loan information, you will have the option of selecting to connect with one of the lenders to pursue a loan application. If you select to connect with the lender, you authorize Overture to forward to the lender all information you submitted to Overture and information from your credit report, and you authorize the lender to contact you using the information you submitted. The lender will contact you.
(c) By submitting your information to Overture, or saving your information on the site, you authorize Overture to retain all submitted information and information from your credit report and to contact you about pending or completed submissions and new product offerings.
(d) You authorize Overture, and any of our network lenders, to deliver information to you in electronic form (as opposed to on paper). This includes any notices required under applicable law, which may include any Federal Truth-in-Lending disclosures, other terms, conditions and documents, and the privacy policies of Overture and lenders. Our lenders’ privacy policies can be found by selecting the appropriate link (Addison Avenue FCU, cuStudentLoans, Discover, Eli Lilly FCU, Grow Financial FCU, KHESLC, Mid-Atlantic FCU, NASA FCU, Northwest FCU, Star One CU, PNC Bank, U.S. Bank).
(e) You agree to receive all current and future notices, disclosures, communications and information from Overture and our lenders electronically, and to do business electronically. You agree to the terms of the E-Sign Agreement. You agree that you meet the technical requirements and are able to access and retain copies of notices and information sent or made available electronically.
7. Overture’s Lenders.
(a) To view the lenders that participate in the Overture website, please click Here .
(b) Lenders provide to Overture criteria about the type of loans they seek to make and customer qualifications for loans (for example, loan amount, school, your income, your credit rating, and others). Overture does not control any lender policies – the lenders determine which consumers should see their loan information.
(c) In order to pursue a loan application with any lender, you must apply directly with the lender.
8. How Overture is paid. Overture is paid a fee by lenders for the goods, facilities and services we provide to them. This fee occurs when a consumer using our site obtains a loan from a lender through our site. Your use of Overture’s services constitutes your agreement with this compensation arrangement. You will be responsible for paying for any costs associated with your loan (such as loan processing, underwriting or funding fees) as charged by the lender.
9. Overture does not charge you a fee for its service. You may use the Overture service to explore available loan products without incurring any fees. In the event you apply for and obtain a loan from a lender through the Overture website and service, that lender will charge you fees and interest on the loan. That lender may also pay Overture a fee, as described above. Some might argue that the cost of marketing fees paid by the lender is included in, or “baked into,” the rates and fees the lender may charge you.
10. Overture pays marketing partners. Overture pays marketing partners for their efforts to promote the Overture site. You might have connected to the Overture site through a partner Overture pays for marketing services. In some instances, we pay marketing partners a portion of the fee that Overture receives from lenders, which is paid when a loan results.
11. Security Policy. Overture’s Information Security Policy explains the policies that apply to information collected from you through the Overture Site and from third parties related to you and how Overture will use and treat that information. The Information Security Policy is incorporated into this Agreement and accepted by you when you use the Overture site. (Please read it Here ).
13. COPYRIGHT, TRADEMARK AND SERVICE MARK NOTICES. All contents of the Websites are: Copyright © 2009 Overture Technologies, Inc. and its partners. All contents are copyrighted as a collective work under the United States copyright laws. All rights are reserved. Other product and company names mentioned herein, including the names of lenders, may be the trademarks of their respective owners.
(a) Nothing on the Websites should be construed as granting any license or right to use any mark or trademark (the “Mark” and “Marks”) displayed on the Websites, without the prior written permission of Overture or the applicable Mark holder. Use of any Mark as part of a link to or from any site is prohibited unless approved in advance by Overture in writing.
(b) You may not modify, publish, transmit, create derivative works or in any way exploit, any of the content of the website, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express written permission of Overture and the copyright owner. The Websites are protected and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.
(a) Under no circumstances will Overture be liable for any loss or damage caused by your reliance on information obtained through the Websites. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Websites.
(b) OVERTURE’S SITE AND THE INFORMATION ASSOCIATED WITH IT ARE PROVIDED “AS IS”.
(c) OVERTURE DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY INFORMATION PROVIDED ON THE SITE OR TO YOU AS USER.
15. LINKS TO THIRD PARTY WEBSITES. The Websites may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. Overture does not operate or control in any respect any information, software, products or services available on such websites. Overture’s inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization. When you leave the Websites please note that Overture is not responsible for the accuracy or content of the information provided by that website, nor is it liable for any direct or indirect technical or system issues arising out of your access to or use of third party technologies or programs available through that website.
16. DISPUTE RESOLUTION. You and Overture each agree that any claim or controversy relating to your use of the Overture websites or relating to Overture acts or omissions, shall be settled by arbitration under the rules of the American Arbitration Association (“AAA”).
(a) Venue for arbitration may be in a location reasonably convenient to you.
(b) The arbitrator shall be selected pursuant to the AAA rules.
(c) Overture will pay the filing fee, plus the costs associated with the first day of arbitration. The remaining costs of arbitration paid by the non-prevailing party, unless costs are limited by law.
(d) In matters against Overture, you agree to forgo all legal action in civil courts in favor of arbitration.
(e) The arbitrators shall not have the power to award damages in excess of actual compensatory damages. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction.
(f) THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND OVERTURE WILL BE RESOLVED BY BINDING ARBITRATION. YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.
17. OTHER TERMS
(a) This Agreement constitutes the entire agreement between you and Overture and it supersedes all other communications between you and Overture with respect to the Website.
(b) This Agreement shall be subject to and construed in accordance with the laws of the State of Maryland, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the 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 Agreement shall continue in effect.
18. Overture’s Site is not intended to be used by, and is not directed to, anyone below the legal age of majority. Borrowers must be the legal age of majority or at least 17 years of age with a co-signer who is legal age of majority. The legal age of majority is 18 years of age in every state in the United States except the following: Alabama and Nebraska 19 years old, and Mississippi and Puerto Rico 21 years old. If we receive a complaint which states that a user of the Overture system is under 13 years of age, Overture will comply with the requirements of the Children’s Online Privacy Protection Act of 1998 (“COPPA”).
19. Overture reserves the right to update, amend and/or change this Agreement at any time in its sole discretion and without notice. Updates to this Agreement will be posted here. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. Overture’s last update was May 15, 2009. Your continued access and use of www.overturemarketplace.com following the posting of any such changes shall automatically be deemed your acceptance of all changes.
20. Overture may monitor how consumers use this site and use this data for internal reporting.
21. www.overturemarketplace.com is controlled and offered by us from our facilities in the United States of America. Overture makes no representations that www.overturemarketplace.com is appropriate or available for use in other jurisdictions. If you access or use www.overturemarketplace.com from other jurisdictions, then you do so by your own volition and are solely responsible for compliance with local law.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.