- Prohibition of Class and Representative Actions and Non-Individualized Relief:
YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION. THIS ARBITRATION AGREEMENT DOES NOT PRECLUDE YOU FROM BRINGING ISSUES TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL AGENCIES, AND SUCH AGENCIES CAN, IF THE LAW ALLOWS, SEEK RELIEF AGAINST COMPANY ON YOUR BEHALF.
- Arbitration Procedures. Arbitration shall be in accordance with AAA Streamlined Rules for Arbitration (“Rules”) and will comply with the AAA Consumer Minimum Standards (which are incorporated by reference), including as to costs for the arbitration. The AAA arbitrator shall resolve the Dispute and is empowered with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or the formation of this Agreement, including the arbitrability of any dispute and any contention that all or any part of this Agreement is unconscionable, void or voidable. If there is any inconsistency between any term of the AAA Consumer Minimum Standards and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. Any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C.§§ 1–16). Notwithstanding the foregoing, you understand that you may instead litigate a Dispute in small claims court if the Dispute meets the requirements to be heard in small claims court.
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held in your hometown.
You understand that upon initiating the arbitration in accordance with AAA rules, You must send a copy of the Demand for Arbitration via U.S. Mail to Guaranteed Rate, Inc., D/B/A Certainty Home Lending, 3940 N Ravenswood Ave, Chicago, IL 60613.
Governing Law. The formation, existence, construction, performance, and validity of this agreement shall be governed by the laws of the State of Illinois and the United States, without reference to choose or conflict of law principles.
- Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply.
What Are Certainty Home Lending Text Messages?
Certainty Home Lending Texting provides an easy way to get alerts from Certainty Home Lending about promotional and mortgage and payment information from almost any mobile device or cell phone at a number you provide. Messaging frequency varies for each customer.
Will it cost anything?
Certainty Home Lending will not charge you to send or receive text messages from us; however, message and data rates may apply depending on the wireless plan that you have with your carrier.
What if I want to stop receiving messages?
If you wish to stop receiving text messages from us, you may unsubscribe by texting the word STOP to the five-digit US short code, by calling 844-615-2955 or by email at [email protected]. Certainty Home Lending will honor your request within a reasonable time.
What if I want to re-subscribe?
You can start receiving SMS messages by texting the word START to the ten-digit U.S. long code provided.
What if I have questions?
You may text the word HELP to the five-digit U.S. short code, by calling 844-615-2955 or by email at [email protected] for more information.
Outside of the Commands mentioned below, any other keyword you may use may not be recognized or accepted.
Stop: At any time, you can text STOP to the five-digit U.S. short code. This will terminate your participation in the notification program.
Help: At any time, you can text HELP to the five-digit U.S. short code.
Disclaimers and Licenses
Guaranteed Rate, Inc., dba Certainty Home Lending is an Equal Housing Lender. We fully comply with the Equal Credit Opportunity Act (ECOA) and all other Federal regulations. All applicants applying for credit from Certainty Home Lending will never be discouraged on the basis of race, color, religion, national origin, sex, military status, marital status, age, or because you get public assistance. Guaranteed Rate, Inc., dba Certainty Home Lending is a licensed mortgage lender. The following states require disclosure of licensing information that can be found by clicking here.
You represent that you are the account holder for the mobile telephone number(s) that you provide to opt-in to the SMS Texting program. You understand that you are responsible for notifying Certainty Home Lending immediately if you change your mobile telephone number and agree to indemnify Certainty Home Lending and parties texting or calling on its behalf in full for all claims, expenses, and damages related to or caused in whole or in party by your failure to notify us of your number change. This includes but is not limited to all claims, expenses, and damages related to our arising under the Telephone Consumer Protection Act. The carriers provide Certainty Home Lending files for phone numbers that have been deactivated from their network or been ported from one carrier to another. We proactively opt-out deactivated numbers from our SMS subscription list. Carriers are not liable for any delays or undelivered messages. The following Operators are supported: Verizon Wireless, AT&T, Sprint, TMobile®, Boost, Virgin Mobile USA, Metro PCS & U.S. Cellular.
You acknowledge and agree that Guaranteed Rate, Inc., D/B/A Certainty Home Lending is not, and shall not be, responsible for the results of any defects that may exist in this website or its operations within text messaging. As to the operation of these services, to the maximum extent allowed by law, Guaranteed Rate, Inc., D/B/A Certainty Home Lending expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranty of merchantability and fitness for a particular purpose.
Any email or mobile messaging complaints should be directed to the Customer Success Dept at 844-615-2955 or email at [email protected].