LitFinancial logo

Terms of Use

Last Updated: August 19, 2026

PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY. THEY MAY AFFECT YOUR LEGAL RIGHTS. THESE TERMS INCLUDE SECTION 24 TITLED "DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION AND JURY TRIAL WAIVER" WHICH REQUIRES YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST LIT FINANCIAL ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY CLASS ACTION. BECAUSE OF THIS MANDATORY BINDING ARBITRATION PROVISION, YOU CANNOT BRING CLAIMS AGAINST US IN COURT, CANNOT REQUEST OR RECEIVE A JURY TRIAL, AND MUST ARBITRATE ON AN INDIVIDUAL ONLY BASIS AND NOT AS PART OF A MASS, CLASS, OR REPRESENTATIVE ACTION.

Lit Financial Corporation ("LIT Financial," "LIT," "we," "us," or "our") is a licensed mortgage broker (NMLS ID #2553292) that originates, processes, and arranges residential mortgage financing and related consumer financial products and services. In certain transactions and in certain states, LIT Financial also acts as a correspondent lender, closing and funding loans in its own name for subsequent sale to an investor. The capacity in which we act varies by transaction, loan program, and state, and is disclosed to you in the Loan Documents for your specific transaction. See Section 6.1. These Terms govern your access to and use of litfiancial.com, including all related landing pages, application forms, borrower portals, calculators, and online services owned or operated by LIT Financial (collectively, the "Website"), as well as any services we provide to you (the "Services"). Such Services include, without limitation, the intake and evaluation of mortgage inquiries and applications, the processing and underwriting of loan files, the origination and closing of loans, and communications with you regarding your loan or inquiry.

1. Acceptance of These Terms

By accessing, browsing, or using the Website or any Services provided by LIT Financial, you acknowledge that you have read, understood, and agree to be bound by these Terms and any policies incorporated herein by reference. These Terms become effective when you (i) affirmatively indicate your acceptance, including by checking a box or clicking a button indicating your agreement to these Terms, (ii) access or use the Website, (iii) submit a mortgage inquiry, application, or request through the Website, or (iv) create or access a borrower portal account. If you do not agree to these Terms, you may not access or use the Website or Services.

2. Modification of These Terms

We reserve the right to modify these Terms and the Services at any time. Updated Terms will be posted on the Website, and the "Last Updated" date will reflect the revision date. By continuing to access or use the Website or Services after such updates are posted, you agree to the revised Terms. Modifications to these Terms do not amend the terms of any loan agreement, note, security instrument, or other executed loan document.

3. Relationship to Loan Documents

These Terms govern your use of the Website and the Services generally. They do not constitute a loan commitment, loan agreement, or offer of credit.

If you proceed with a mortgage transaction, your rights and obligations with respect to that transaction are governed by the loan application, disclosures, note, security instrument, and other loan documents you receive and execute (collectively, the "Loan Documents"), together with applicable federal and state law. Depending on the capacity in which LIT Financial acts (see Section 6.1), the creditor under the Loan Documents may be LIT Financial or a third-party wholesale lender. In the event of any conflict or inconsistency between these Terms and the Loan Documents, the Loan Documents control with respect to the loan transaction. Nothing in these Terms limits, waives, or modifies any right or disclosure required to be provided to you under the Truth in Lending Act, the Real Estate Settlement Procedures Act, the Equal Credit Opportunity Act, or any other applicable consumer protection law.

4. Privacy Policy

By using the Website and Services, in addition to accepting these Terms, you also accept and agree to the terms of our Privacy Policy and GLBA Privacy Notice, which are expressly incorporated herein. Please read them carefully.

5. Your Representations and Warranties

By accessing or using the Website or Services, you represent, warrant, and agree that:

  • you are at least eighteen (18) years of age and have the legal capacity to enter into a binding agreement;
  • you are a resident of, or are seeking financing secured by property located in, a state in which LIT Financial is licensed to conduct the applicable business;
  • all information you provide through the Website or in connection with the Services is accurate, complete, and truthful, and you will promptly update any information that becomes inaccurate or incomplete;
  • you have all necessary authority, permission, and consent to provide such information, including with respect to any co-applicant, co-borrower, or other individual whose information you submit;
  • you are authorized to receive communications at the telephone number(s) and email address(es) you provide, and you are the subscriber or customary user of any telephone number you submit;
  • if you submitted your information through a third-party website, form, or marketing partner rather than directly to LIT Financial, you did so personally or with authorization, and the consent recorded at that point of collection was provided by you;
  • LIT Financial may use, store, evaluate, verify, and process your information, as permitted by our Privacy Policy and GLBA Privacy Notice, and may share it with the third parties described in Section 11;
  • if you submit an inquiry or application in connection with a consumer mortgage transaction, the information is being provided on your own behalf or on behalf of a co-applicant who has authorized you to do so; and
  • if you submit an inquiry or application on behalf of a business entity or trust for a business-purpose or investment-property loan, you are duly authorized to act on behalf of and to bind such entity or trust with respect to the inquiry, application, and related communications.

6. Nature of the Services

6.1 Capacity in Which We Act

LIT Financial may act in either of two capacities with respect to a given transaction:

  • As a mortgage broker. We take your application, gather documentation, and arrange financing with a third-party wholesale lender. That wholesale lender, and not LIT Financial, is the creditor. The wholesale lender makes all underwriting and credit decisions, sets the rate and terms, and funds the loan. We do not underwrite, approve, deny, or fund brokered loans.
  • As a correspondent lender. We close and fund the loan in our own name using our own funds or a warehouse line of credit, and the Note identifies LIT Financial as the lender. The loan is underwritten either by LIT Financial under delegated authority or by the investor, and is sold to an investor at or shortly after closing.

The capacity in which we act may change during the course of a transaction, including after an application has been submitted, if a different program, investor, or pricing better suits your file or if we are unable to proceed in the originally contemplated capacity. Where this occurs, revised disclosures will be provided to you as required by applicable law. The identity of the creditor for your transaction is stated in the Loan Documents, which control.

6.2 No Commitment to Lend; No Guarantee of Approval

Submission of an inquiry, prequalification request, or application through the Website does not create a loan commitment and does not obligate LIT Financial or any wholesale lender or investor to extend credit.

You acknowledge and agree that:

  • Rates and terms are not guaranteed. Any rate, payment, fee, or term displayed on the Website or communicated to you prior to a written rate lock confirmation is an estimate only, is subject to change without notice, and is subject to verification, underwriting approval, property appraisal, and program availability. In brokered transactions, rates and terms are set by the wholesale lender; in correspondent transactions, they are subject to investor pricing and eligibility.
  • Calculators and estimates are illustrative. Any calculator, prequalification result, affordability estimate, or scenario output provided through the Website is based solely on the information entered and general assumptions, is not an underwriting decision, and may differ materially from actual results.
  • Approval is conditional. Any prequalification, preapproval, or conditional approval is not a commitment to lend and remains subject to satisfactory verification of income, assets, employment, credit, title, insurance, property condition and value, and satisfaction of all applicable conditions by the applicable creditor or investor.
  • We do not provide advice. Content on the Website is provided for general informational purposes only and does not constitute financial, legal, tax, accounting, or investment advice. You are responsible for your own due diligence and should consult qualified professionals before making decisions regarding a mortgage or real estate transaction.

7. Licensing; Fair Lending

LIT Financial is licensed as a mortgage broker and, in certain states, as a mortgage lender or correspondent lender, as identified on our licensing page. We conduct business only in states in which we hold the license required for the capacity in which we are acting, and the capacities available to you may differ depending on the state in which your property is located. NMLS ID #2553292. You may verify our licensing through the NMLS Consumer Access website at www.nmlsconsumeraccess.org.

LIT Financial is an Equal Housing Opportunity broker and lender. We do not discriminate on the basis of race, color, religion, national origin, sex, marital status, familial status, disability, age (provided the applicant has the capacity to contract), because all or part of an applicant's income derives from a public assistance program, or because an applicant has in good faith exercised any right under the Consumer Credit Protection Act, or on any other basis prohibited by applicable federal, state, or local law.

8. Consent to Electronic Records and Signatures

By using the Website and Services, you consent to receive records, disclosures, notices, and communications from LIT Financial electronically, and to use electronic signatures, to the fullest extent permitted by the federal Electronic Signatures in Global and National Commerce Act (E-SIGN) and applicable state law. Certain disclosures may be subject to a separate, more specific E-SIGN consent presented to you at the time of application; where such a separate consent is provided, it controls with respect to the records it covers.

To access and retain electronic records, you will need a device with internet access, a current web browser, sufficient storage or a printer, and a valid email address. You may withdraw your consent to electronic delivery, or request paper copies of records, at any time by contacting us using the information in Section 26. Withdrawal of consent may delay or prevent the processing of your loan application. You agree to promptly notify us of any change to your email address or other contact information.

9. Accounts and Portal Access

Certain Services, including document upload, status tracking, and disclosure delivery, may require you to create an account or access a secure borrower portal. You are responsible for maintaining the confidentiality of your login credentials and for all activity occurring under your account. You agree to notify us immediately at [email protected] of any unauthorized access to or use of your account.

We may suspend, restrict, or terminate account access at any time, including for suspected unauthorized access, security concerns, or violation of these Terms. You agree not to share account credentials with any third party, including any real estate agent, financial professional, or family member, except where you have separately and expressly authorized that individual in writing to act on your behalf.

10. Information You Submit; Verification

You are solely responsible for the accuracy and completeness of all information and documentation you submit through the Website or in connection with the Services, including income, employment, asset, liability, occupancy, and property information.

You authorize LIT Financial and its service providers to verify any information you provide, including by obtaining verifications of employment, income, assets, deposits, rent or mortgage payment history, tax transcripts, and other information from third parties, and to re-verify such information at any time before or after closing.

You acknowledge that knowingly submitting false or misleading information in connection with a mortgage application may constitute a federal crime punishable by fine or imprisonment, or both, under applicable federal law. We may decline, suspend, or withdraw any application, or report suspected fraud to appropriate authorities and investors, based on information we obtain.

11. Sharing Your Information with Third Parties

To originate, process, underwrite, close, fund, sell, or service a loan, or to evaluate an inquiry, we may share your information with third parties including, without limitation:

  • credit reporting agencies, verification vendors, and fraud-prevention services;
  • appraisers, appraisal management companies, and property data vendors;
  • title companies, settlement agents, escrow agents, attorneys, and notaries;
  • insurance providers, flood determination vendors, and hazard insurance agents;
  • warehouse lenders, correspondent investors, wholesale lenders, secondary-market purchasers, servicers and subservicers, and government-sponsored enterprises;
  • our affiliates, service providers, and technology vendors; and
  • regulators, auditors, and other parties as required or permitted by applicable law.

The categories of information shared, and your rights with respect to that information, are described in our Privacy Policy and GLBA Privacy Notice. Once information is transferred to a third party that acts as an independent controller of that information, its use, retention, and disclosure of that information is governed by that party's own privacy policy, terms, and practices.

Where your inquiry cannot be served by LIT Financial and you have separately consented to be referred elsewhere, we may share your information with other financing providers in accordance with that consent and applicable law.

11.1 Information Received from Third-Party Sources

LIT Financial obtains inquiries not only directly through the Website but also from third-party lead generators, marketing partners, comparison and rate-table websites, affiliates, and other authorized sources (each, a "Referring Source"). If you submitted your information to a Referring Source rather than directly to LIT Financial, that Referring Source may have transferred your information to us in accordance with the authorization and consent you provided to it at the point of collection.

You acknowledge and agree that:

  • Referring Sources are independent third parties and are not employees, agents, representatives, partners, joint venturers, or affiliates of LIT Financial, and do not act on our behalf or under our direction or control in collecting your information;
  • LIT Financial is not responsible for, and expressly disclaims all liability arising from, the collection practices, disclosures, representations, advertising, privacy practices, or conduct of any Referring Source, including the manner in which your consent was obtained;
  • any statement made to you by a Referring Source regarding rates, terms, approval likelihood, program eligibility, or the identity of the parties that would receive your information is not made by LIT Financial, is not binding on LIT Financial, and does not modify these Terms or any Loan Document; and
  • your information may have been transferred to other recipients in addition to LIT Financial pursuant to the authorization you provided to the Referring Source.

Upon your written request, we will identify, to the extent known to us and permitted by applicable law, the Referring Source from which we received your information and the date of receipt. Requests may be sent to [email protected].

12. Credit Inquiry Authorization

12.1 Soft Credit Inquiry

By submitting a mortgage inquiry or prequalification request through the Website, you expressly authorize LIT Financial and its designated service providers to obtain information about your credit profile, including your credit report and credit score, through one or more soft credit inquiries. Such inquiries do not affect your credit score. You acknowledge and agree that any such inquiry is conducted at your direction and with your consent for the purpose of evaluating your inquiry and identifying loan programs for which you may be eligible.

12.2 Hard Credit Inquiry

By submitting a loan application, you expressly authorize LIT Financial and its designated service providers to obtain a full consumer credit report, which constitutes a hard credit inquiry and may affect your credit score. You further authorize us to obtain updated or refreshed credit information at any point prior to closing, including immediately before funding, and to re-underwrite your loan based on that information.

12.3 Use of Credit Information

You authorize LIT Financial to use and share information obtained through any credit inquiry, together with the information you submit, with the third parties identified in Section 11 in connection with your inquiry, application, or loan. Credit information is used and retained in accordance with the Fair Credit Reporting Act, the Gramm-Leach-Bliley Act, and our GLBA Privacy Notice.

12.4 Credit Solicitations from Other Parties

You acknowledge that consumer reporting agencies may report the existence of a mortgage credit inquiry to other parties, and that you may receive unsolicited offers of credit from third parties as a result. Such offers are not made by, endorsed by, or affiliated with LIT Financial. You may opt out of prescreened offers at www.optoutprescreen.com or by calling the number designated by the consumer reporting agencies for that purpose.

13. Communications, Messaging, and Contact Consent

13.1 Consent to Receive Calls and Text Messages

By submitting your information and providing the consent requested at the point of collection, you provide your prior express written consent to be contacted by LIT Financial and its affiliates at the telephone number(s) you provide regarding your inquiry, application, loan, and related products and services.

Such communications may include telephone calls and text messages delivered using an automatic telephone dialing system, artificial voice, prerecorded voice, AI-generated voice technology, or other automated means, where permitted by applicable law. Your consent is not a condition of obtaining any product or service. Message and data rates may apply. Message frequency varies.

13.2 Consent to Receive Emails

By submitting your information, you authorize LIT Financial and its affiliates to contact you at the email address you provide regarding your inquiry, application, loan, available products and services, and related marketing communications. You may opt out of promotional emails at any time by following the unsubscribe instructions contained in the applicable email or by contacting us using the information in Section 26.

13.3 Transactional and Servicing Communications

You acknowledge that certain communications are not promotional and are necessary to the origination, closing, or servicing of your loan, including disclosures, conditions requests, appraisal and closing coordination, and legally required notices. Opting out of marketing communications does not stop transactional or legally required communications. If you withdraw consent to be contacted at all, we may be unable to process your application.

13.4 Communications Based on Consent Provided to a Referring Source

If your information was provided to LIT Financial by a Referring Source as described in Section 11.1, LIT Financial contacts you in reliance on the prior express written consent you provided to that Referring Source at the point of collection, which authorized transfer of your information to LIT Financial and contact by LIT Financial regarding your financing inquiry.

You acknowledge that LIT Financial did not obtain that consent directly from you and has no control over the disclosures, form, or manner in which it was presented to you. If you believe you did not provide such consent, or that your information was submitted without your authorization, notify us immediately at [email protected] and we will suppress your contact information from further marketing communications and add it to our internal do-not-call list.

Consent obtained by a Referring Source authorizes contact by LIT Financial only. It does not make LIT Financial responsible for, and LIT Financial does not direct, control, supervise, or participate in, communications you receive from the Referring Source itself or from any other party that received your information.

13.5 Revocation of Consent

You may revoke your consent to receive marketing calls or text messages from LIT Financial at any time by replying STOP to a text message, by informing the caller during a call, or by contacting us at [email protected]. We will honor revocation requests within the time period required by applicable law and will maintain an internal do-not-call list.

Revoking consent as to LIT Financial does not revoke consent you provided to any other party, including any Referring Source from which your information originated or any other recipient to which your information was lawfully transferred. Because Referring Sources and other recipients are independent third parties, LIT Financial cannot process, administer, or enforce opt-out requests on their behalf. To stop communications from those parties, you must contact each of them directly and follow the opt-out instructions they provide.

13.6 Call Recording and Monitoring

You acknowledge and agree that telephone calls with LIT Financial may be monitored, recorded, and retained for quality assurance, training, compliance, and recordkeeping purposes, to the extent permitted by applicable law. Where required by law, we will provide notice of recording at the outset of a call.

14. Loan Servicing and Transfer

Brokered transactions. Where LIT Financial acts as a broker, the wholesale lender is the creditor at closing and is responsible for servicing or for transferring servicing. LIT Financial does not service brokered loans and has no responsibility for the servicing of any such loan.

Correspondent transactions. Where LIT Financial acts as a correspondent lender, we close the loan in our own name and, in the ordinary course, sell the loan, the servicing rights, or both, at or shortly after closing. Unless otherwise disclosed to you in writing, LIT Financial may sell, assign, or transfer your loan, servicing rights, or both, at any time after closing without your consent. LIT Financial does not retain servicing.

If your loan or its servicing is transferred, you will receive notice as required by applicable law, including the Real Estate Settlement Procedures Act. Following any such transfer, the acquiring party is solely responsible for servicing your loan, and LIT Financial has no responsibility for the acts, omissions, communications, or servicing practices of that party.

15. Compensation and Fees

You acknowledge that LIT Financial receives compensation in connection with your loan, and that the form of that compensation depends on the capacity in which we act:

  • Brokered transactions. LIT Financial is compensated either by you (borrower-paid compensation, disclosed as a fee on your Loan Estimate and Closing Disclosure) or by the wholesale lender (lender-paid compensation), but not both in the same transaction. Where compensation is lender-paid, it is set in advance pursuant to a compensation agreement with that wholesale lender and does not vary based on the terms of your loan.
  • Correspondent transactions. LIT Financial may receive origination fees, lender credits, servicing-release premiums, and gain on the sale of the loan to an investor.

In both capacities, individual loan originators employed by LIT Financial are compensated in a manner that does not vary based on the terms of your transaction, consistent with the loan originator compensation rules under the Truth in Lending Act (12 C.F.R. § 1026.36(d)). We do not steer you to any particular lender, investor, or loan program based on the compensation LIT Financial or its loan originators would receive.

All compensation is disclosed and handled in compliance with applicable law, including the Truth in Lending Act and the Real Estate Settlement Procedures Act. Fees payable by you in connection with a specific transaction are disclosed in the Loan Estimate, Closing Disclosure, and other Loan Documents applicable to that transaction, which control.

16. Third Party Content and Links

16.1 Third Party Content

We may distribute content supplied by third parties on our Website ("Third Party Content"). Third Party Content constitutes the opinions, advice, statements, advertisements, services, offers, or other information or content expressed or made available by third parties, and is offered purely for informational purposes. The Third Party Content is solely that of the respective author(s) or distributor(s), and we do not endorse, and are not responsible for, the content, reliability, or accuracy of any information provided in the Third Party Content.

16.2 Linked Sites

The Website may contain links to other third party websites ("Linked Sites"). Linked Sites are not under our control and we are not responsible for the content of any Linked Sites, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We provide these links only as a convenience, and the inclusion of any link does not imply endorsement by us of the Linked Site or any association with its operators. You are solely responsible for any dealings you may have with any third parties, and we encourage you to read the terms of use and privacy policies applicable to the Linked Sites and any products or services offered by third parties.

17. Intellectual Property

17.1 LIT Financial's Intellectual Property Rights

We and our licensors retain all right, title, and interest in and to the Website, the Services, and all materials, technology, and content made available through or in connection with the Website or Services, including without limitation all software, applications, algorithms, data structures, databases, architecture, interfaces, designs, workflows, documentation, proprietary methodologies, pricing and underwriting models, trademarks, service marks, trade names, logos, and other branding elements, together with all related intellectual property and proprietary rights (collectively, "IP").

You may not copy, reproduce, modify, distribute, publish, display, transmit, sell, license, create derivative works from, or otherwise exploit any IP except as expressly permitted under these Terms. You may not remove, obscure, or alter any proprietary notices, legends, or markings displayed within or on the Website.

Notwithstanding the foregoing, you may download material from the Website for your own personal, non-commercial use only, provided you do not modify the material and keep intact all trademark, copyright, and other proprietary notices. You may not further distribute or display such material for any purpose. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any of the IP.

All third party trademarks and proprietary materials appearing within the Website are the property of their respective owners.

17.2 User Content

The term "User Content" refers to any messages, comments, information, photos, writings, videos, audio recordings, graphics, pictures, images, data, questions, suggestions, reviews, testimonials, or other content or communications that you (1) submit to us regardless of the source, or (2) publish through any social media platform associated with, related to, or regarding us, and which you agree we may use, including your name, social media handle or ID, profile picture, and related comments, statements, or posts.

User Content does not include your nonpublic personal information, loan application data, financial records, or supporting documentation submitted in connection with an inquiry, application, or loan. Such information is governed exclusively by our Privacy Policy and GLBA Privacy Notice and is not subject to this Section 17.2.

Unless otherwise described in our Privacy Policy or GLBA Privacy Notice, by creating and/or submitting User Content, you grant us a perpetual, sublicensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, modify, create derivative or collective works from, transmit, and distribute your User Content, in whole or in part, including all intellectual property rights therein, for any purpose, commercial or otherwise, without compensation to you. None of the User Content shall be subject to any obligation of confidentiality on our part.

17.3 Copyright Infringement Policy

If you believe that any content or materials on the Website has been used or copied in a manner that infringes your work, please provide a written notification of claimed copyright infringement to the Designated Agent identified below containing all information and meeting all requirements set forth in the Digital Millennium Copyright Act, Title 17 United States Code Section 512(c)(2) ("DMCA").

Designated Agent — Copyright Infringement Claims Lit Financial Corporation 3221 West Big Beaver Road Suite 313 Troy, MI 48404 Email: [email protected]

18. Your Use of the Website or Services

As a condition of your access to and use of the Website and Services, you agree to use the Website only for lawful purposes and in accordance with these Terms. You agree that you will not:

  • Use the Website or Services in any manner that violates applicable laws, rules, or regulations;
  • Submit false, inaccurate, misleading, incomplete, or fraudulent information, including information relating to your identity, contact information, income, assets, employment, occupancy intent, or property;
  • Submit or alter any document, verification, statement, or record with intent to deceive;
  • Submit information on behalf of another person without their authorization or otherwise misrepresent your identity or authority;
  • Use the Website or Services for any fraudulent, deceptive, abusive, or unlawful purpose, including money laundering or the financing of unlawful activity;
  • Copy, reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any content, materials, or other IP available through the Website except as expressly permitted by us;
  • Use any robot, spider, scraper, crawler, automated tool, or similar technology to access, monitor, copy, collect, or extract data from the Website;
  • Interfere with, disrupt, damage, or compromise the operation, security, or functionality of the Website or Services, including by introducing viruses, malware, malicious code, or other harmful technology;
  • Attempt to gain unauthorized access to any portion of the Website, its systems, networks, accounts, or data;
  • Circumvent or attempt to circumvent any security measures or access restrictions implemented by LIT Financial; or
  • Assist, encourage, or permit any third party to engage in any of the foregoing activities.

Any information, User Content, documents, or other materials you submit through the Website must be lawful and must not infringe upon or violate the rights of any third party. LIT Financial reserves the right to refuse, remove, reject, or disregard any submission and to suspend or terminate your access to the Website or Services if we believe, in our sole discretion, that a violation of these Terms has occurred.

19. AI Chatbot and Automated Assistants

The Website may offer an automated chat tool or virtual assistant (a "Chatbot") to provide general information and assist with inquiries. Chatbot responses may be incomplete or general, do not constitute financial, legal, tax, or investment advice, and do not constitute a credit decision, rate lock, approval, denial, or commitment to lend. Complex questions and all financing decisions require human review.

Chat sessions may be monitored, recorded, and retained for quality assurance, training, compliance, and improvement, and any information you share is handled in accordance with our Privacy Policy and GLBA Privacy Notice. Do not submit sensitive identifiers such as Social Security, bank account, or card numbers through the Chatbot; use the secure borrower portal for document and data submission. Where required by law, we will disclose when you are interacting with an automated system. Misuse of the Chatbot may result in termination of your session or access. Individuals under eighteen (18) may not use the Chatbot.

20. Disclaimer of Warranties

THE WEBSITE, MATERIAL PROVIDED ON THE WEBSITE, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE WEBSITE, ANY USE OF THE WEBSITE, ANY WEBSITE TO WHICH THE WEBSITE IS LINKED, AND THE SERVICES. WE DO NOT WARRANT THAT THE MATERIAL ON THE WEBSITE IS COMPLETE OR ACCURATE, OR THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT WARRANT THE ACCURACY OF ANY RATE, PAYMENT, FEE, OR ELIGIBILITY ESTIMATE GENERATED BY ANY CALCULATOR OR AUTOMATED TOOL. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE OR FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.

NOTHING IN THIS SECTION LIMITS ANY RIGHT OR REMEDY AVAILABLE TO YOU UNDER APPLICABLE CONSUMER PROTECTION LAW THAT CANNOT BE WAIVED OR LIMITED BY AGREEMENT.

21. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL LIT FINANCIAL, OR ITS OFFICERS, EMPLOYEES, DIRECTORS, MANAGERS, PARENTS, SUBSIDIARIES, AFFILIATED ENTITIES, AGENTS OR LICENSORS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETION OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE, OR FOR DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STATUTE OR OTHERWISE.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE AND SERVICES.

THIS SECTION DOES NOT APPLY TO, AND SHALL NOT BE CONSTRUED TO LIMIT, ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING LIABILITY ARISING UNDER FEDERAL OR STATE CONSUMER FINANCIAL PROTECTION STATUTES, OR ANY OBLIGATION ARISING UNDER THE LOAN DOCUMENTS.

22. Indemnification

You agree to defend, indemnify, and hold harmless LIT Financial and its officers, directors, employees, and agents from any claim, liability, damage, loss, or expense, including reasonable attorneys' fees, arising out of your use of the Website, your submission of false or unauthorized information, your unauthorized use of another person's information, or your violation of these Terms or any law. This obligation survives the end of your use of the Website. This Section does not apply to any claim arising from our own negligence or misconduct, or to any matter as to which indemnification by a consumer is prohibited by applicable law.

23. Termination

We may suspend or terminate your access to the Website at any time, with or without notice, including for suspected misuse, security concerns, or violation of these Terms. Suspension or termination of Website access does not terminate, modify, or otherwise affect any loan, application, or obligation governed by the Loan Documents.

24. Dispute Resolution; Binding Arbitration; Class Action and Jury Trial Waiver

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY IMPACT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION AND JURY TRIAL WAIVER.

This Section does not apply to any dispute arising out of or relating to a loan secured by a dwelling to the extent arbitration of such a dispute is prohibited by 15 U.S.C. § 1639c(e) or any other applicable law. Any such dispute shall be resolved in accordance with Section 25 and the Loan Documents.

24.1 Informal Dispute Resolution

To expedite resolution and control the cost of any dispute, controversy, or claim related to or arising out of these Terms, the Website, or the Services (each a "Dispute" and collectively, the "Disputes") brought by either you or us, we both agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other party.

Should informal negotiations fail, you and we agree that before either party may seek legal recourse of any kind, the aggrieved party will notify the other party in writing that informal negotiations are at an impasse and give written notice of a request to coordinate mediation within thirty (30) days of the date of the written notice, with a mediator of the parties' joint choosing. If the parties cannot agree upon a mediator, then you may select any mediator included on a list of possible approved mediators provided by us to you. The parties may attend the mediation in person or via videoconference or teleconference, and the mediation must last a minimum of thirty (30) minutes. The aggrieved party may not proceed with commencing legal recourse unless and until the mediator formally declares the parties have reached an impasse.

24.2 Binding Arbitration

IF THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE THROUGH INFORMAL DISPUTE RESOLUTION, THE DISPUTE SHALL BE RESOLVED EXCLUSIVELY BY MANDATORY, BINDING ARBITRATION, ON AN INDIVIDUAL BASIS ONLY, RATHER THAN IN COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THIS ARBITRATION PROVISION.

The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules, which are available at the JAMS website, and, where applicable, the JAMS Consumer Arbitration Minimum Standards. Your arbitration fees and your share of arbitrator compensation shall be governed by the JAMS rules and, where appropriate, limited by those rules and applicable law. Except where otherwise required by the applicable JAMS rules or applicable law, the arbitration will take place in Oakland County, Michigan, or, at your election, in the county in which you reside. The arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any Dispute arising under or relating to the validity, interpretation, applicability, enforceability, or formation of these Terms and this arbitration provision. The arbitration may be conducted in person, through the submission of documents, by phone, or by online/video conference.

The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either party. The arbitrator must follow applicable and governing law, and any award may be challenged if the arbitrator fails to do so. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude either party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

In the event that a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party shall be entitled to costs of suit, including reasonable attorneys' fees, for having to compel arbitration or defend or enforce the award.

If, for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Oakland County, Michigan, and the parties consent to jurisdiction and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts.

No Dispute brought by either party related in any way to these Terms, the Website, or the Services may be commenced more than one (1) year after the cause of action arises, except where a longer period is required by applicable law, in which case the period required by law applies.

24.3 Class Action and Jury Trial Waiver

YOU AND WE KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY AND AGREE THAT ALL DISPUTES SHALL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR WE SHALL BRING OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO ARBITRATION AND, TO THE FULLEST EXTENT PERMITTED BY LAW, TO ANY COURT PROCEEDING.

24.4 Exceptions to Arbitration

You and we agree that the following are not subject to binding arbitration: (a) any Dispute seeking to enforce or protect, or concerning the validity of, any intellectual property right of a party; (b) any Dispute related to or arising from allegations of theft, piracy, or unauthorized use; (c) any claim for injunctive relief; (d) any claim within the jurisdiction of small claims court in the jurisdiction where the aggrieved party resides; and (e) any Dispute that applicable law prohibits from being arbitrated, including as described in the introductory paragraph of this Section 24.

24.5 Right to Opt Out of Arbitration

You may opt out of this arbitration agreement within thirty (30) days after first accepting these Terms by sending written notice with your name, email address, and a statement that you opt out to Lit Financial Corporation 3221 West Big Beaver Road Suite 313 Troy, MI 48404, or [email protected]. Opting out will not adversely affect your relationship with us or the processing of any application.

24.6 Survival and Severability

This Section shall survive termination of these Terms.

If all or any part of this arbitration provision is found to be illegal or unenforceable, the unenforceable provision shall be severed and the remaining terms shall be enforced. In the event any portion of this arbitration provision is deemed unenforceable, neither party will elect to arbitrate that portion of the Dispute falling within the portion found to be illegal or unenforceable, and such Dispute shall be decided by the state and federal courts in and for Oakland County, Michigan.

25. Governing Law

These Terms and any Services provided to you are governed by the laws of the State of Michigan, without regard to its conflict-of-laws principles, except to the extent that federal law (including the Federal Arbitration Act) or mandatory consumer-protection law applies. Subject to Section 24, the exclusive venue for any dispute not subject to arbitration is the state and federal courts located in Oakland County, Michigan. Nothing in this Section deprives you of the protection of any mandatory provision of the law of the state in which you reside, or of the law governing the Loan Documents.

26. Miscellaneous

26.1 Assignment

You may not assign, delegate, or transfer your rights or obligations under these Terms without our prior written consent. We may assign, delegate, or transfer our rights or obligations under these Terms without restriction.

26.2 Severability

If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent possible or permitted or, if not possible, severed, and the remaining provisions will remain in full force and effect.

26.3 No Waiver

No waiver of any provision of these Terms shall be effective unless in writing. Any failure or delay in exercising any right or remedy shall not constitute a waiver of such right or remedy.

26.4 Headings

Section headings are for convenience only and shall not affect the interpretation of these Terms.

26.5 Entire Agreement

These Terms, together with our Privacy Policy and GLBA Privacy Notice, constitute the complete agreement between you and us with respect to your use of the Website and Services, and supersede all prior or contemporaneous discussions, understandings, and agreements on that subject. This Section does not supersede or modify the Loan Documents.

26.6 No Third-Party Beneficiaries

These Terms are for the benefit of you and us and do not create any rights in favor of, or obligations to, any third parties.

26.7 Force Majeure

We shall not be liable for any delay or failure in performance caused by circumstances beyond our reasonable control, including acts of God, natural disasters, epidemic or pandemic, labor disputes, utility or telecommunications failures, cyberattacks, governmental action, or failures of third-party service providers.

26.8 Survival

All provisions of these Terms that by their nature survive termination shall continue to apply, including without limitation intellectual property rights, disclaimers, indemnification obligations, limitations of liability, governing law, dispute resolution, and jury/class action waiver provisions.

27. Contact

Questions about these Terms may be sent to:

Lit Financial Corporation 3221 West Big Beaver Road Suite 313 Troy, MI 48404 Email: [email protected] Phone: (800) 238-3038 NMLS ID #2553292

Equal Housing Opportunity. Licensing information available at www.nmlsconsumeraccess.org.