Terms, Conditions & Additional Disclosures
- Acceptance by You
- Express Written Consent to Receive Rate Alerts and Personalized Offers
- Consent for Electronic Disclosures
- Consent to Obtain Credit Report
- Prescreened Offer Disclosure (if applicable)
“AmeriSave” means AmeriSave Mortgage Corporation and its subsidiaries and affiliates.
“Applications” and/or “Content” refer to any file, device or software that can be downloaded by you to either a computer or a wireless device such as a handset or a personal digital assistant.
“MyAmeriSave” means the recurring service in which you have enrolled either independently or in connection with your loan prequalification request or loan application request with AmeriSave.
“MyAmeriSave Personalized Offers and Rate Alerts” is a recurring service where SMS messages (also called “text messages”) and/or MMS messages (also called “multimedia messages”), containing notifications for select AmeriSave events, are sent by AmeriSave via automated means, which may include the use of an autodialer, to your mobile device.
“Service” means the AmeriSave My AmeriSave Personalized Offers and Rate Alerts and any associated Abbreviated Dial Code, Applications or Content.
“We,” “our,” “us” and “provider” refers to AmeriSave, as well as any other person or entity providing any Service, Applications or Content to you from us or on our behalf.
“You” means the person or entity who has requested a loan prequalification, loan application, or who signs up to participate in, or uses in any way, MyAmeriSave, including the MyAmeriSave Personalized Offers and Rate Alerts.
Acceptance by You
You must be 18 years or older in order to participate. By affirmatively signing-up for MyAmeriSave and otherwise using the Service provided by us, you have expressly agreed to be bound by the terms and conditions herein (“Agreement”). If you do not consent to the terms of this Agreement, you must immediately cease using the Services that you have received and contact us as provided below.
You should print or store a copy of this Agreement for your records, as well as any Disclosure that is important to you. In order to do so, you must have a SSL-enabled web browser and capability to print or store Disclosures.
Express Written Consent to Receive Personalized Offers and Rate Alerts
By enrolling in My AmeriSave (whether directly or in conjunction with submitting a request for prequalification or rate quotes), and maintaining such enrollment, you agree and consent that AmeriSave may deliver calls or SMS/text messages to you, including for the purpose of providing AmeriSave mortgage rate alerts, and personalized offers for the promotion and marketing of AmeriSave products and services, as well as other products and services that may benefit you, and which may include using automated means (e.g. automated dialing systems and prerecorded messages) to the phone number you have provided to us. You understand that, based on your relationship with Amerisave through your enrollment in My AmeriSave, you are consenting to receive such telephone calls and text messages even if your telephone number is currently listed on any federal, state or internal “Do-Not-Call” list.
You are not required to maintain this consent to receive telephone communications as a condition of your enrollment in My AmeriSave. You may opt out of receiving telephone calls and texts from AmeriSave at any time by engaging in any of the following reasonable means: (1) notifying an AmeriSave customer service representative that you no longer wish to be contacted by AmeriSave and are revoking your consent to be contacted; or (2) responding with the keyword STOP to any SMS, mobile, or text message you receive from AmeriSave in accordance with the express written instructions of that particular messaging program
How do I opt in. You can start receiving AmeriSave’s My AmeriSave Personalized Offers and Rate Alerts again by sending the text START or any other message to the short code 990099, email email@example.com or call 1-888-700-4026.
Is it free. Although AmeriSave does not charge you for sending or receiving text messages to 990099, you may be charged by your carrier depending upon your text plan.
What if I don’t want to receive any more SMS/MMS promotional messages. To stop receiving only AmeriSave Personalized Offers and Rate Alerts, simply text STOP to the short code 990099, email firstname.lastname@example.org or call 1-888-700-4026. After doing so, you will receive confirmation of your opt-out, and thereafter, you will no longer receive any AmeriSave messages.
What if I want to opt back in. You can start receiving AmeriSave’s My AmeriSave Personalized Offers and Rate Alerts again by sending the text START to the short code 990099, email email@example.com or call 1-888-700-4026.
What if I want more info. To request more info, simply text HELP to the short code 990099, email firstname.lastname@example.org or call 1-888-700-4026.
Commands. STOP: At any time you can text STOP to the short code 990099. This will prevent you from receiving any future AmeriSave Personalized Offers and Rate Alerts. HELP: At any time you can text HELP to the short code 990099.
Consent for Electronic Disclosures
Please review this document and read this information carefully.
Introduction. You are submitting an online mortgage pre-qualification request and/or mortgage application (“Mortgage Request”) to AmeriSave Mortgage Corporation (“AmeriSave”). In order to do this, we need you to consent to our giving you certain disclosures electronically. This document informs you of your rights when receiving disclosures, notices, information, and communications (“Disclosures”) from AmeriSave. By completing and submitting a Mortgage Request through us, you acknowledge receipt of this document and consent to the electronic delivery of such Disclosures. Your consent applies to the current Mortgage Request and to all other communications and transactions between you and AmeriSave. Your consent to receive electronic Disclosures includes, but is not limited to:
- Loan Application
- All legal and regulatory disclosures and communications associated with your Mortgage Request or your actual mortgage loan, including those disclosures required by the Real Estate Settlement Procedures Act, the Truth in Lending Act, the Equal Credit Opportunity Act, the Fair Credit Reporting Act, and the Mortgage Disclosure Improvement Act.
- Disclosures relating to the credit decision.
- Other communications relating to processing, underwriting, closing, and servicing of your requested loan.
Electronic Disclosures. All Disclosures we provide to you in electronic form will be provided either: (1) via e-mail, (2) by access to a web site that we will designate in an e-mail notice we send to you at the time the information is available, (3) to the extent permissible by law, by access to a web site that we will generally designate in advance for such purpose, or (4) by requesting you download a PDF file containing the Disclosure.
Hardware and Software Requirements. To access and retain the Disclosures electronically, you will need a hardware device, such as a personal computer (PC) or other similar Internet device that can access the Internet via modem or other form of connection. Your hardware device must run on an appropriate operating system, such as Microsoft® Windows XP or above, Mac OS X (10.0) or above, or Linux/UNIX. You must contract with an Internet service provider (ISP) in order to be able to connect to the Internet. You must use any hardware or software required by your ISP. Additionally, internet browser software such as Microsoft® Edge®, Mozilla® Firefox® 3.x or above, or Apple® Safari® 3.x or above is required to access these documents and Disclosures from a personal computer. Your Internet browser software must be able to use 128-bit encryption. To retain Disclosures for future reference, you will need a printer or a long-term storage device, such as your computer’s disk drive. We strongly encourage you to retain Disclosures provided during this application process.
Withdrawing Consent. This consent applies to the current Mortgage Request and to all other communications and transactions between you and AmeriSave Mortgage Corporation. You understand that you may not withdraw consent as to the Disclosures we will provide to you at this time with your Mortgage Request. You may withdraw your consent to receive future Disclosures electronically at no cost to you by contacting us at: AmeriSave Mortgage Corporation, ATTN: Customer Service, 3525 Piedmont Rd NE, 8 Piedmont Center, Suite 600, Atlanta, GA 30305. If you decide to withdraw your consent, the legal validity and enforceability of prior electronic Disclosures will not be affected. Any withdrawal of your consent to receive electronic Disclosures will be effective only after we have a reasonable period of time to process your withdrawal.
Changes to Your Contact Information. It is your responsibility to keep us informed of any change in your electronic or mailing address. You may write to AmeriSave Mortgage Corporation, ATTN: Customer Service, 3525 Piedmont Rd NE, 8 Piedmont Center, Suite 600, Atlanta, GA 30305 regarding any such changes.
Requesting Paper Copies. We will not send you a paper copy of any Disclosure unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of an Electronic Disclosure by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Disclosure to you. To request a paper copy, you may write to us at: AmeriSave Mortgage Corporation, ATTN: Customer Service, 3525 Piedmont Rd NE, 8 Piedmont Center, Suite 600, Atlanta, GA 30305 with the details of your request. Paper copies will be provided to you at no charge.
Federal Law. You acknowledge and agree that your consent to electronic Disclosures is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
Termination/Changes. We reserve the right, at our sole discretion, to discontinue your electronic Disclosures, or to terminate or change the terms and conditions on which we provide electronic Disclosures. We will provide you with notice of any such termination or change as required by law.
Consent to Obtain Credit Report
You understand that by consenting, you are providing written instructions to AmeriSave Mortgage Corporation under the Fair Credit Reporting Act authorizing AmeriSave Mortgage Corporation to obtain information from my/our personal credit file(s) or other information from consumer reporting agencies such as Experian, Equifax and/or TransUnion. I/We authorize AmeriSave Mortgage Corporation to obtain such information solely to pre-qualify me/us for residential mortgage options. This authorization applies to all parties for which information has been provided.
Prescreened Offer Disclosures (if applicable)
From time to time, AmeriSave receives information from a credit reporting agency that you may be shopping for a mortgage loan and that you are eligible for a firm offer of credit from AmeriSave. Please be aware that AmeriSave is not affiliated with the mortgage lender or mortgage broker to which you initially applied for an extension of credit. This offer is based on personal information from your consumer report and was purchased by AmeriSave without the knowledge or permission of the mortgage lender or mortgage broker to which you initially applied.
You can choose to stop receiving “prescreened” offers of credit from this and other companies by calling toll free 1-888-567-8688. See the PRESCREEN & OPT OUT NOTICE on the back for more information about prescreened offers.
Terms & Conditions of Prequalification: In addition to you continuing to meet the credit criteria on which you were pre-qualified, this offer is also subject to (1) you meeting additional underwriting requirements, such as verification of income, employment, assets, and other information contained in your loan application; and (2) providing satisfactory collateral for the loan. Refinancing your current mortgage loan may reduce your monthly payment, however your total finance charges may be higher over the life of the loan.
PRESCREEN & OPT-OUT NOTICE: This “prescreened” offer of credit is based on information in your credit report indicating that you meet certain criteria. This offer is not guaranteed if you do not meet our criteria, including providing acceptable property as collateral. If you do not want to receive prescreened offers of credit from this and other companies, call 1-888-567-8688 or visit the website at www.optoutprescreen.com; or write TransUnion Opt-Out Request PO Box 505, Woodlyn, PA 19094- 0505, Experian Consumer Opt-Out, PO Box 919, Allen, TX 75013, Equifax Options PO Box 740123, Atlanta, GA 30374-0123.
Disclaimer of Warranties. TO THE EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, APPLICATIONS OR CONTENT THAT YOU RECEIVE FROM US, AND DISCLAIM ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. THIS SERVICE OFFERED TO THE PUBLIC BY PROVIDER COULD INCLUDE INACCURACIES, OTHER ERRORS OR MAY NOT FUNCTION IN THE MANNER YOU ANTICIPATED. FURTHERMORE, WE ARE NOT RESPONSIBLE FOR CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OR OMISSIONS OF OTHERS, ATMOSPHERIC CONDITIONS OR ACTS OF GOD. WE DO NOT PROMISE ERROR-FREE SERVICE. WE WILL NOT BE LIABLE FOR ANY DELAYS IN THE RECEIPT OF ANY SMS/MMS MESSAGES AS DELIVERY IS SUBJECT TO THE EFFECTIVE TRANSMISSION FROM YOUR NETWORK OPERATOR.
Limitation of Liability. We are not responsible and will not be liable for any delays in the receipt of any SMS/MMS messages or other damages of any nature, including any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees.
Links or Pointers to Other Sites. AmeriSave makes no representations whatsoever about any other Website that you may access though this Site. When you access a non-AmeriSave Website, please understand that it is independent from AmeriSave, and that AmeriSave has no control over the content on that Website. In addition, a hyperlink to a non-AmeriSave Website does not mean that AmeriSave endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.
Choice of Law and Venue. These Terms and Conditions are entered into in the State of Georgia and shall be governed by and construed in accordance with the laws of the State of Georgia, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Fulton in the State of Georgia, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney’s fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
Last Update: April 12, 2023