Borrower - Incomplete Link

Last Updated: 7/31/2024

1. ACCEPTANCE OF TERMS

AccountChek by Informative Research (“AccountChek”) provides its service to You, subject to the following Terms of Service ("TOS" or "Agreement"), which may be updated by us from time to time without notice to You. You can review the most current version of the TOS at any time at: https://verifier.accountchek.com/tos . In addition, when using AccountChek services, You and AccountChek shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. By connecting to and using this Site, You agree to be bound by all of the terms and conditions set forth herein.

2. DESCRIPTION OF SERVICE

AccountChek offers a technology-based deposit, asset, employment, and/or income verification service (the “Service”) designed to make it easier for a lender to verify and monitor the deposits, assets, employment status, and/or income of a prospective or current borrower by performing the following on your behalf: (1) Securely retrieving balances and transaction detail from the borrower’s accounts at one or more financial institutions and/or securely retrieving employment and income details from the borrower’s accounts with one or more payroll provider; (2) Delivering this information to the lender; (3) providing for updates to your Initial lender over a specified monitoring period.

3. LICENSE GRANT

"You" or "your" means the consumer who is being licensed to use the Service or Documentation and is providing AccountChek access to his or her financial, investment and/or payroll accounts.

"Service" means any services and products offered by AccountChek, the Site, all content of the Site, all Software, in whole or in part (including but not limited to the AccountChek, AccountChek Plus, and AccountChek 3n1 executables, libraries, examples, interface definitions, associated media and printed materials) which create, enable, relate to, and or facilitate the Service (or functionality thereof), and any online (PDF, Flash, or HTML) or other related documentation.

We hereby grant You, a single user, a non-transferable, nonexclusive, restricted license to use (only in delivered code form) the Service through one (1) account to enable secure access to Your financial account(s) balances, transaction detail, employment status, and/or income amount may include any liens or judgments that may be identified through public record sources as described herein.

You may, subject to the terms and conditions of the TOS, allow Your immediate family and accountants or financial advisors to review Your records, data, compilation, reports, generated with the use of this Service, provided that any such authorized users agree to and abide by the terms and conditions of this agreement.

4. TITLE

The Service is licensed to You pursuant to this Agreement, not sold. AccountChek remains the owner of all right, title and interest in the Service. Any copy, modification, revision enhancement, adaptation, translation, or derivative work of or created from the Service made by or at Your direction shall be owned solely and exclusively by AccountChek, as shall all patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights, worldwide (all the foregoing rights taken together being referred to collectively herein as "Intellectual Property Rights") therein and thereto.

5. THINGS YOU MAY NOT DO

The Service is protected by United States copyright laws and international treaties. You must treat the Service like any other copyrighted material (for example, a book). You may not:

Copy the Service or the written materials accompanying the Service;
Modify or adapt the Service or merge it into another program;
Cause the Service in any way to be reverse engineered, disassembled, decompiled, decrypted, extracted, translated, nor shall any attempt to do so be undertaken or permitted, including any attempts to discover the source code of the Service, related algorithms, protocols, interfaces, logic or program code of the Service or any derivative work thereof;
Bypass or make any attempt to bypass the copy protection, unlock mechanism, serial number scheme, etc., of the Service;
Publish any part of Your account credentials, including Your secure Personal Access Code.
Allow any access to or use of the Service by anyone other than Your immediate family and authorized Accountant or financial advisor as listed in paragraph 3 above, and others as described in paragraph 16, below;
Use the Service on a perpetual or continuous basis without the use of legally obtained account credentials;
Place the Service onto a server so that it is accessible via a public network such as the Internet, or;
Sublicense, rent, lease, loan, sell, transfer, assign, distribute, or otherwise make available to any other unauthorized person or entity, the Service, in whole or in part;
Create, or attempt to create, any derivative works based on the Service, in whole or in part;
Violate any obligation or provision of this agreement.

6. YOUR ACCOUNT OBLIGATIONS - INCLUDING CERTAIN LEGAL REPRESENTATIONS, AUTHORIZATIONS, AND DESIGNATIONS

In consideration of Your use of the Service, You represent, agree, and warrant that You:

Are of legal age to form a binding contract;
Are not a person barred from receiving Services under the laws of the United States or other applicable jurisdiction;
Have not relied on any promises or representations not expressly made herein;
Possess the full right, power and authority to enter into this agreement and to carry out Your obligations hereunder;
Know of no impediments that would prevent AccountChek from complying with all the terms of this Agreement; and
Will use the Service for lawful purposes only.

You also agree to: (a) grant us permission to access your financial, investment, and/or payroll accounts to which you provide us your sign-on credentials (each, a “Disclosed Account”). Your permission for us to access a Disclosed Account shall be deemed to:

extend to all information contained therein, including but not limited to the transaction, balance, and/or employment information and up to twenty-four (24) months of transaction, employment, and/or income history; and
remain in effect without interruption for ninety (90) days from the date you provide your sign-on credentials for that Disclosed Account.

You expressly agree that by using the Service and or by agreeing to the terms herein, you are (1) authorizing AccountChek and its agents to access third party sites designated by you on your behalf, retrieve the information listed in the paragraph immediately above and provide such information to the lender you request, as well as to any secondary market investor, requested by the lender, that may purchase your loan, and (2) appoint AccountChek and its agents as your agent for this limited purpose, with full power and authority to perform acts necessary in connection with such activities.

By entering the account credentials for your financial account(s) and/or payroll account(s), you are permitting AccountChek and its agents to process your request and use information submitted by you to accomplish the foregoing for the duration of the Monitoring Period. YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO EXERCISE SOUND JUDGMENT AND COMMON SENSE WHEN DEALING WITH INDIVIDUALS YOU DON’T KNOW AND WHEN DECIDING WHETHER AND WITH WHOM TO SHARE YOUR DEPOSIT, ASSET, AND/OR PAYROLL INFORMATION, AND YOU AGREE THAT YOUR INTERACTIONS WITH SUCH INDIVIDUALS, INCLUDING YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. ADDITIONALLY, YOU ACKNOWLEDGE AND AGREE THAT NEITHER ACCOUNTCHEK, NOR ITS DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, SUPPLIERS, LICENSORS, OR AFFILIATED COMPANIES, ARE RESPONSIBLE OR LIABLE TO YOU FOR ANY ACTIONS TAKEN OR DECISIONS MADE BY ANY INDIVIDUAL WITH WHOM YOU HAVE SHARED YOUR DEPOSIT, ASSET, AND/OR PAYROLL INFORMATION.

YOU ACKNOWLEDGE AND AGREE THAT WHEN ACCOUNTCHEK OR ITS AGENTS ACCESS AND RETRIEVE INFORMATION FROM THIRD PARTY SITES, ACCOUNTCHEK AND ITS AGENTS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that the third party account providers shall be entitled to rely on the foregoing authorization and agency granted by you. You understand and agree that this Service is not endorsed or sponsored by any third party account providers accessible through such Service.

You may choose to have this access terminated by contacting AccountChek at ac-compliance@informativeresearch.com wherein AccountChek shall remove your access permissions.

Nothing in this section, including the existence of this section, shall limit any of Your obligations as otherwise described within the TOS. If You provide any information that is untrue, inaccurate, not current or incomplete, or AccountChek has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AccountChek has the right to suspend or terminate Your account and refuse any and all current or future use of the Service (or any portion thereof).

7. ACCOUNTCHEK PRIVACY POLICY

Subscriber Data and certain other information about You are subject to our Privacy Policy. For more information, see our full privacy policy, https://verifier.accountchek.com/privacy-policy . You understand that through Your use of the Service You consent to the collection and use (as set forth in the Privacy Policy) of this information.

8. ACCESS CREDENTIAL SECURITY

You will be given account access credentials after Your lender has submitted a request for Electronic Verification of Assets (“VOA”), Verification of Employment (“VOE”) and/or Verification of Income (“VOI”) via the Service. You are responsible for maintaining the confidentiality of the credentials. You are fully responsible for all activities that occur under Your credentials. You agree to (a) immediately notify AccountChek of any unauthorized use of Your account or any other breach of security [by reaching out to ac-helpdesk@informativeresearch.com] and (b) ensure that You exit from Your account at the end of each session. AccountChek and its directors, officers, agents, employees, suppliers, licensors or affiliated companies, cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section, or that You may incur as a result of someone else using Your credentials, either with or without Your knowledge. You agree and acknowledge that You may not use anyone else's credentials any time

9. INDEMNITY

You agree to indemnify and hold AccountChek and its directors, officers, agents, employees, suppliers, licensors or affiliated companies harmless from any losses, damages, claim or demand, including reasonable attorneys' fees or expenses incurred, made by any third party due to or arising out of Your use of and or connection to the Service, Your violation of the TOS, and or Your violation of any rights of another relating to the Service.

10. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that AccountChek may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that subscriber data will be retained. You agree that AccountChek and its directors, officers, agents, employees, suppliers, licensors, or affiliated companies, have no responsibility or liability for the deletion or failure to store any subscriber data maintained or transmitted by the Service. You acknowledge that AccountChek reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that AccountChek reserves the right to modify these general practices and limits from time to time.

11. MODIFICATIONS TO SERVICE

AccountChek reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that AccountChek and its directors, officers, agents, employees, suppliers, licensors, or affiliated companies shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service.

12. TERM and TERMINATION

This Agreement will be deemed to have commenced upon the date You accept the TOS by selecting the I Accept the Terms of Service checkbox each time You login to the Service and remains effective until terminated. You may terminate it at any time by notifying AccountChek by e-mail and destroying all copies of the Service and Documentation in Your possession. You agree, on termination of this license, to cease any and all use of the Service and further to destroy all copies of the Service and Documentation in Your possession. You agree that Your obligations under the TOS (including but not limited to the requirement to maintain the confidentiality and security of AccountChek) remain with You even after termination of the TOS.

You agree that AccountChek may, under certain circumstances and without prior notice, immediately terminate Your access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by You (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) suspicion or confirmation that You have engaged in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by Your lender in connection with the Services.

Termination of Your service includes but is not necessarily limited to: (a) removal of access to the Service, and (b) barring further use of the Service. Further, you agree that all terminations for cause shall be made in AccountChek's sole discretion and that AccountChek shall not be liable to You or any third-party for termination of Your account or access to the Service.

13. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that AccountChek has no control over such sites and resources, and AccountChek and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, are not responsible for the availability of such external sites or resources and does not endorse and nor are they responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that AccountChek and its directors, officers, agents, employees, suppliers, licensors, or affiliated companies, shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

14. CONFIDENTIALITY and PROPRIETARY RIGHTS

You acknowledge and agree that the Service contains trade secrets, proprietary know how and confidential information that are valuable and belong to AccountChek and are being made available to You in strict confidence, protected by applicable intellectual property and other laws. Content received through the Service may be displayed and printed for Your personal, non-commercial use only, as described herein. You may display and print Service compilations, spreadsheets, graphs, or materials which are generated from Your own personal account information, for Your own personal use. You may, on an occasional and irregular basis, disseminate an insubstantial portion of content from this Site, regarding Your personal information, for a noncommercial purpose, without charge, and transmitted in non-electronic form, to a limited number of individuals, provided You include all copyright and other proprietary rights notices with such portion of the content in the same form in which the notices appear in this Site, original source attribution, and the phrase "Used with permission from Informative Research." You may not post any content from this Site to newsgroups, mail lists or electronic bulletin boards, without the prior written consent of AccountChek. You agree that neither You, your agents, nor Your employees shall in any manner use, disclose or otherwise communicate any information with respect to the Service, or related documents which might enable use or copying of all or any portion of the Service. You agree to take all necessary action to protect the confidential and proprietary information included in the Service and related documents.

Except as expressly allowed in this Agreement or authorized in writing by AccountChek, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, or related documents, in whole or in part.

Neither party shall have any obligation with respect to Confidential or Proprietary Information which: (i) is or becomes generally known to the public by any means other than a breach of the obligations of the receiving party; (ii) was previously known to the receiving party or rightly received by a receiving party from a third party; or (iii) is independently developed by the receiving party; (iv) is required to be disclosed by a final order of a court of competent jurisdiction; or (v) is otherwise required to be disclosed by applicable law following reasonable notice to the disclosing party.

If You are legally compelled to disclose any of AccountChek’s Confidential or Proprietary information, then, prior to such disclosure, You will (i) promptly notify AccountChek in writing of the compulsion unless doing so would violate the terms of the order to disclose; (ii) assert the privileged and confidential nature of the Trade Secrets and (iii) cooperate fully with the AccountChek in protecting against any such disclosure and or obtaining a protective order narrowing the scope of such disclosure and/or use of the Trade Secrets.

ANY USE OR DISCLOSURE OF CONFIDENTIAL OR PROPRIETY INFORMATION RELATING TO THE SERVICE, SOFTWARE, RELATED DOCUMENTS, OR OF THE RELATED ALGORITHMS, PROTOCOLS, OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF ACCOUNTCHEK’S TRADE SECRET RIGHTS.

15. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (i) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ACCOUNTCHEK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (ii) ACCOUNTCHEK MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. (vi) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (vii) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ACCOUNTCHEK OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

16. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER ACCOUNTCHEK NOR ANY OF ITS DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, SUPPLIERS, LICENSORS OR AFFILIATED COMPANIES SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL EXEMPLARY DAMAGES OR SIMILAR DAMAGES), EVEN IF ACCOUNTCHEK OR ITS DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, SUPPLIERS, LICENSORS OR AFFILIATED COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH DAMAGES MAY INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) IN WHOLE OR PART BY ACCOUNTCHEK OR ITS SUBSIDIARIES, AFFILIATES, MEMBERS, MANAGERS, OFFICERS, AGENTS, CO-BRANDERS, PARTNERS, AND OR EMPLOYEES' NEGLIGENCE OR CONTINGENCIES BEYOND THEIR CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THIS SITE AND ANY CONTENT THROUGH THIS SITE; (vi) OR ANY OTHER MATTER RELATING TO THE SERVICE, THE TOS, OR THE SUBJECT MATTER RELATING THERETO.

17. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.

18. FORCE MAJEURE

AccountChek shall not be responsible for failures of its obligations under this Agreement to the extent that such failure is due to causes beyond AccountChek’s control including, but not limited to, acts of God, war, acts of any government or agency thereof, fire, explosions epidemics, quarantine restrictions, strikes, delivery services, telecommunication providers, labor difficulties, lockouts, embargoes, severe weather conditions, delay in transportation, or delay of suppliers or subcontractors.

19. NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

20. LENDER END-USER AGREEMENT

All users must have a permissible purpose in order to obtain the information from AccountChek. The lender and its designees agree to the permissible purpose as follows:

According to the Gramm-Leach Bliley Act (GLBA), I agree that I am authorized by the consumer to access the consumer information to enforce a transaction.
According to the Driver’s Privacy Protection Act (DPPA), I agree that in the normal course of business, I am authorized to verify the accuracy of personal information provided by the consumer. If the submitted information is incorrect, I am also authorized to obtain the correct information, but only for the purposes of preventing fraud by pursuing legal remedies against, or recovering on a debt of security interest against, the consumer.

21. TRADEMARK INFORMATION

All AccountChek logos, product and service names are trademarks and service marks of AccountChek. Without AccountChek's prior written permission, You agree not to display or use in any manner, the AccountChek marks.

22. GENERAL INFORMATION

Entire Agreement.

The TOS constitutes the entire agreement between You and AccountChek and governs Your use of the Service, superseding any prior agreements, communication, advertising, proposals, and or representations between You and AccountChek with respect to the Service.

Attorney Fees.

If any legal action arises relating to this Agreement, the prevailing party shall be entitled to recover all court costs, expenses, and reasonable attorney fees from the non-prevailing party.

Injunctive relief.

You recognize and acknowledge that any breach or threatened breach of this Agreement by You may cause AccountChek irreparable harm for which monetary damages may be inadequate. You agree, therefore, that AccountChek shall be entitled to an injunction to restrain You from such breach or threatened breach. Nothing in this Agreement shall be construed as preventing AccountChek from pursuing any remedy at law or in equity for any breach or threatened breach of this Agreement.

Choice of Law and Forum.

The TOS and the relationship between You and AccountChek shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions.

Waiver.

The failure of AccountChek to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.

Savings Clause.

In case any one or more of the provisions of this Agreement shall be found to be invalid, illegal, or unenforceable in any respect, such provision shall be amended, construed and applied so that such provision is valid and enforceable to reflect, as closely as possible, the original intent of such provision; and the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.

No Agency.

Except for as expressly provided herein, this Agreement does not create any agency or partnership relationship between the parties.

No Right of Survivorship and Non-Transferability.

You agree that Your AccountChek account is non-transferable and any rights to Your AccountChek credentials or contents within Your account terminate upon Your death. Upon receipt of a copy of a death certificate, Your account may be terminated and all contents therein permanently deleted.

Export Law Assurances.

You agree that the Service will not be shipped, transferred, or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.

Government End Users.

The AccountChek Service and related documentation are "Commercial Items", as that term is defined at 48 C.R.R. S 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. S 12.212 or 48 C.F.R. S 227.7202, as applicable. Consistent with 48 C.F.R. S 12.212 or 48 C.F.R. S 227.7202-1 through S 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights reserved under the copyright laws of the United States.

Statute of Limitations.

You agree that regardless of any statute or law to the contrary, you shall not bring any action against AccountChek arising out of or related to this Agreement or the subject matter hereof more than one (1) year after the occurrence of the event which gave rise to such action.

Titles.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

Notices.

All notices which concern this Agreement shall be given in writing, to the parties herein as follows: Delivery of notice from You to AccountChek shall be considered effective by sending an e-mail with "Notice" entered into the subject line, sent to the ac-compliance@informativeresearch.com ; and delivery of notice from AccountChek to You shall be considered effective by transmission at Your e-mail address as contained in AccountChek's records. Any party to this Agreement may change its address for notice purposes, by providing written notice of the change of address to each of the other parties.

23. VIOLATIONS

Please report any violations of the TOS to our Customer Service Center at ac-helpdesk@informativeresearch.com .

If You have any questions concerning this agreement, or if You wish to contact AccountChek for any other reason, please E-mail: ac-compliance@informativeresearch.com .

Effective Date: 3/14/2023

California Consumer Privacy Act (CCPA) Statement

Personal information that is collected, processed, sold, or disclosed pursuant to the Gramm-Leach Bliley Act (GLBA) is exempt from the California Consumer Privacy Act (CCPA). GLBA is a federal law that regulates the use and disclosure of personal information by financial institutions. Personal information obtained by AccountChek from financial institutions is regulated by GLBA. Consumers grant AccountChek authorization to collect their personal information from financial institutions and share it for specific purposes described in AccountChek's Terms of Service Agreement, which is presented to end users in the AccountChek® application.

AccountChek has implemented and maintains data security measures designed to ensure that personal information is secure and encrypted at rest or in transit.

AccountChek™ by Informative Research

AUTOMATED ASSET VERIFICATION

AccountChek™ is an automated, web-based service that allows lenders to verify and monitor a potential borrower's asset accounts during the credit application and approval process. AccountChek eliminates a borrower's need to engage in the time-consuming process of locating, copying and transmitting important financial documents to their lender, often through insecure channels. Our service eliminates issues --like missing pages and lost or misplaced documents-- that slow down the review and approval process. Because we obtain the asset information directly from the borrower's financial institution or brokerage, our service also minimizes transcription errors and maximizes accuracy. This means that lenders are sure that they are basing their decisions on accurate information. Our service saves time for everyone involved in the transaction and reduces lender losses, which makes credit less expensive and more available to more customers.

AccountChek™ 3n1 by Informative Research

Automated Asset, Employment, and Income Verification

AccountChek™ 3n1 is an automated, web-based service that allows lenders to verify and monitor a potential borrower's asset accounts and verify the borrower’s employment status and income during the credit application and approval process. AccountChek 3n1 eliminates a borrower's need to engage in the time-consuming process of locating, copying, and transmitting important financial documents to their lender, often through insecure channels. Our service eliminates issues --like missing pages and lost or misplaced documents-- that slow down the review and approval process. Because we obtain the asset information directly from the borrower's financial institution or brokerage and employment and income information from the borrower’s payroll provider, our service also minimizes transcription errors and maximizes accuracy. This means that lenders are sure that they are basing their decisions on accurate information. Our service saves time for everyone involved in the transaction and reduces lender losses, which makes credit less expensive and more available to more customers.

We understand the importance of protecting individuals' sensitive financial information. We designed this Privacy Statement to help you understand how the AccountChek and AccountChek 3n1 services will collect, use and disclose borrowers' financial data.

Special note on children's privacy: AccountChek and AccountChek 3n1 are not designed or intended to attract or be accessible to minors (children under age 18). We will not knowingly collect personal information from minors.

This policy covers the following topics:

Information we collect about borrowers and how we use it;
Who we share borrowers' information with; and
How we protect borrowers' personal information.

INFORMATION COLLECTION AND USE

We collect personal and non-personal information from borrowers based on borrowers’ consent. We are acting as an intermediary for the borrower's lender when we do so. We collect this information in order to provide the AccountChek and AccountChek 3n1 services and to improve our services.

Information We Collect from Borrowers

Information to Verify Asset Accounts: The AccountChek service allows lenders to verify a borrower's assets through direct read access to a borrower's financial account data. Borrowers must expressly agree to allow AccountChek to obtain and furnish financial account information to a prospective creditor, and to provide his/her identifying credentials for the accounts that need to be verified. The borrower's credentials may include username, password and answers to challenge questions. While the accounts are being verified and lenders are able to update that information (the refresh period; usually 30 to 90 days) the credentials are stored in a secure hardware-encrypted repository that is inaccessible to humans managed by AccountChek's designated data access vendor.

Information to Verify Employment and Income: The AccountChek 3n1 service allows lenders to verify a borrower's employment through direct read access to a borrower's payroll account data. Borrowers must expressly agree to allow AccountChek 3n1 to obtain and furnish payroll account information to a prospective creditor, and to provide his/her identifying credentials for the accounts that need to be verified. The borrower's credentials may include username, password and answers to challenge questions. While the accounts are being verified and lenders are able to update that information (the refresh period; usually 30 to 90 days) the credentials are stored in a secure hardware-encrypted repository that is inaccessible to humans managed by AccountChek 3n1’s designated data access vendor.

Log information: Our servers automatically collect log information from site visitors. This information may include the Web page request, Internet Protocol (IP) address, browser type, browser language, the date and time of the request, and one or more cookies that may uniquely identify the visitor's browser. We collect log information so that we can properly administer our system and gather aggregate information about how our site is being used, including the pages visitors are viewing.

Cookies: We use session cookie technology to keep track of visitors as they navigate from one page to the next on the site. When the session is ended and the visitor closes his/her browser, the session cookies are automatically deleted.

Browser software can be set to reject all cookies or to accept cookies only from our site. Most browsers offer instructions on how to reset the browser to reject cookies in the “Help” section of the toolbar. Rejecting cookies will prevent further use of the AccountChek and AccountChek 3n1 services.

Information We Collect from Others

We collect information about borrowers from the lender who orders the account verification, from the financial institution(s) that provide the account verification data, and from the payroll provider’s that provide the employment and income verification data.

The information provided by the lender includes the borrower's name, e-mail address, telephone number, the last four digits of his/her Social Security Number (for identity authentication), and the name of the borrower's employer(s).

The information we receive from the borrower's financial institution(s) includes the summary and transactional information from the accounts the borrower allows us to verify.

The information we receive from the borrower’s payroll provider(s) includes the summary of employment information and income information from the accounts the borrower allows us to verify.

We will share this information in individually identifiable form only in accordance with this statement and our policies. We may share aggregated, non-personal information. This may include information we obtained from third parties in a form that does not reasonably permit the borrower to be identified.

AccountChek works to deliver accurate, complete, and current borrower information by pulling information directly from the borrower's financial institution and payroll provider via online credentials. Data can be refreshed by the lender as needed to fulfill underwriting obligations for the duration of the order.

HOW WE USE THE INFORMATION WE COLLECT

AccountChek and AccountChek 3n1 use the information we collect to provide verification and analysis of a borrower's asset accounts, employment information, and income data, respectively, to the requesting lender, to administer our web site, and to improve our service.

AccountChek and AccountChek 3n1 do not sell, share, license or transmit borrower information with or to third parties without the express authorization of the borrower.

WHO SEES THE INFORMATION WE COLLECT?

We will not disclose this information except as described in this policy.

Verification Service delivery: We will disclose the information we receive from the borrower's financial institutions and/or payroll provider to the requesting lender, as well as to any other parties that the borrower authorizes us to provide such information, to deliver the Verification of Deposit, Asset, Income, and/or Employment services.

Disclosure for legal reasons: We may release personal information to third parties: (1) to comply with valid legal requirements such as a law, regulation, search warrant, subpoena or court order; or (2) in special cases, such as a physical threat to the borrower or others, a threat to homeland security, a threat to our system or network, or cases in which we believe it is reasonably necessary to investigate or prevent harm, fraud, abuse, or illegal conduct. If we are legally compelled to disclose your personal information to a third party, we will make reasonable efforts to notify the borrower unless doing so would violate the law or court order.

Agents and contractors: Contractors who assist in operating our business and providing products or services sometimes have access to borrowers' personal information. These contractors include vendors and suppliers that provide us with technology, services, and/or content for the operation and maintenance of our site. Access to borrowers' personal information by these contractors is limited to the information reasonably necessary for the contractor to perform its limited function. Contractors have an obligation under their contracts with us to keep borrower information confidential and to comply with our privacy and security policies.

Some of these relationships may be with companies that co-brand portions of their site and services, or that provide services to borrowers on our behalf. Co-branded sites may have their own privacy policies posted on their sites. If you visit a co-branded site, please read the privacy policy that is posted on that site.

Direct Employees of AccountChek: Employees are NOT authorized to download information that is not directly related to their work. Prior to downloading any software tools, all employees are advised to notify an Operations staff member of this intention. If help is needed, the local system administrator will provide support. Employees are NOT authorized to download data from any production, stage, or QA system without prior written approval. Prior to downloading any data, all employees must follow the Data Privacy Download Procedures. This includes any and all data that is confidential, sensitive or legally protected, including log files.

AccountChek is owned by Informative Research ("IR"). Employees must follow the IR Privacy Policy and adhere to the IR Privacy Principles or be subject to disciplinary action per the IR Employee Handbook. Employees will be required to sign off yearly that they have read and understand this policy.

Changes in our corporate structure: If all or part of our company is sold, merged or otherwise transferred to another entity, the personal information you have provided to us may be transferred as part of that transaction. We will take steps to ensure that any personal information that is transferred will not be used or shared in a manner inconsistent with the Privacy Policy under which it was collected.

HOW WE SAFEGUARD PERSONAL INFORMATION

We are committed to protecting the security of borrowers' private information through procedures and technology designed for this purpose. This includes, but is not limited to:

Limiting access to personal information to only those employees who have a reasonable need to access this information in order to provide our products and services. Employees who misuse information are subject to disciplinary action, including termination;
Utilizing physical, technical, and procedural safeguards to help protect borrowers' personal information; and
Using secure transport layer security (TLS) to help protect this information while it is in transit between our servers and others' computers and hardware encryption devices. We use AES-256 encryption while it is being stored on our servers.

WHAT BORROWERS CAN DO TO HELP KEEP PERSONAL INFORMATION SECURE

Log out and close the browser: Closing the browser at the end of a session erases any information it may have temporarily stored on your computer.

Install antivirus software and spyware protection: Installing up-to-date antivirus software and running it often will help thwart viruses and other unwanted programs that can capture the contents of a borrower's system, including passwords.

CHANGES TO THIS POLICY

We may change our privacy policy in the future, but we will not change our practices until they have been posted at this website. If changes occur, we will also show the date of revision. By using our web sites, to which this privacy policy applies, you agree that we may notify you of changes in our privacy policy through this website.

Responsibility and accountability for developing, documenting, implementing, enforcing, monitoring, and updating the Privacy Policy falls to the Compliance Team whose contact information is available on the company intranet and web page.

Privacy Incident of Breach

In the event that IR suspects that borrower information has been compromised, IR will make every effort to contact and inform borrowers per its Incident Response Plan. This will include phone call or email.

CONTACT

The AccountChek suite of products are automated asset, employment, and/or income verification services provided by Informative Research. If you have questions or comments about this privacy policy, please e-mail us at ac-compliance@informativeresearch.com or write to Informative Research Inc., 13030 Euclid St, Ste 209, Garden Grove, CA 92843.

To request a copy of your consumer data supplied by Informative Research or an amendment to that information please email ac-compliance@informativeresearch.com , call (800) 225-9498 or contact your lender directly.

A little confused about how this works?

Read below to get a better understanding of what is going on behind the scenes.

General Questions

Who is AccountChek?

AccountChek is an impartial, third-party service used by lenders to automatically retrieve digital account statements as part of your application for a loan, line of credit or other financial service. Because AccountChek collects data directly from your financial institution using state-of-the-art encryption and bank-level security measures, you can be sure that your data is accurate and secure.

How secure is the AccountChek service?

Security and accuracy are our top priorities. AccountChek security procedures meet the high standards of security used by banks and other ultra-secure institutions, and our security systems undergo rigorous audits and certifications from the nation’s largest investors and lenders. Submitting your information through AccountChek is significantly more secure than emailing, faxing or mailing copies of your bank statements.

Who can see my login credentials?

No one! Most of your account data, including your login credentials, is never accessible or visible to anyone — not even your lender or AccountChek employees. Protecting your privacy and the security of your accounts is our top priority.

Verification of Assets

Why does my lender need my bank statements in the first place?

To process your application and assess your ability to afford the payments required by your loan, your lender needs to verify what asset accounts you own and confirm their account balances. In addition, laws, regulations and underwriting guidelines require lenders to evaluate things like monthly cash flow, size and frequency of deposits and whether you have bounced any checks.
AccountChek quickly, automatically and accurately analyzes your account data and securely transmits the results in a digital report to the lender. This lets lenders make better and faster decisions, which can make credit cheaper and more available for consumers.

What exactly does my lender see?

Your lender sees a PDF report that contains up to 12 months of account balances and transaction history for the bank accounts you choose to share along with a summary prepared by AccountChek.

How many accounts do I have to share with my lender?

That’s up to you and your lender. At a minimum, your lender will ask you to share data from your primary checking account. If that account does not have enough funds or recent activity to qualify for the loan or other credit you requested, your lender may ask you to enroll additional accounts.

What if I don't see my bank listed once I log into AccountChek?

From the “Add Accounts” page you can either click on one of the most common banks, or type the name of your bank into the search field and choose from the list of possible matches. If your bank does not appear in the search results, it may not be supported by AccountChek. In that case, contact your lender for instructions on how to proceed.

What if I selected the wrong financial institution from the list provided?

If you selected the wrong bank from the list of possible matches and tried to enter your credentials anyway, you will see an error message. To re-select the correct bank, press the “Add More Accounts” button and repeat the selection process described in the previous question.

Why aren’t my credentials working?

There are a few possibilities.

You may not have selected the correct bank or bank account. From the “Account Search” page, try searching for your bank again (see the "What if I don't see my bank listed" question above) and make sure you select the right bank and banking product.
It’s possible that you made a mistake while entering your credentials, or that you are not using the right ones. Try to enter your account through your bank’s website. If you can log in on the bank’s website but not through our online verification system, then this particular account product may not be supported by AccountChek. You can select a different bank or contact your lender for further instructions.

What if I don’t have online banking?

Most banks offer an easy online banking enrollment process that only takes a few minutes to complete, so you may be able to visit your bank’s website and enroll in their online banking service. Once you’re enrolled, return to the AccountChek system and continue where you left off.

What do I do if I was logged out before completing my bank enrollments?

If you were logged out or if your browser crashed before you finished, you can re-enter the AccountChek system using the link in the original email you got from your lender. If that doesn’t work or you no longer have the email, contact your lender to request a new link.

Verification of Income & Employment

How do I find my payroll provider?

There are typically two ways to find out which payroll provider your company is using:

Ask your HR department - If you're unsure who your payroll provider is, and you do not have physical pay stubs, you should reach out to your human resources department.

Find it on your pay stub - If you have pay stubs from your current or past employers, you should be able to find the payroll provider somewhere inside the pay stub. The most common providers are ADP, Paycom, Paychex, and Gusto.

What if I don't see my payroll provider?

If you cannot find your payroll provider in the supported list, reach out to your lender for alternative ways to complete your verification of income and employment. To return to your verification home page, select the home button in the top right corner of the page to exit the payroll provider screen.

What if I don't have a payroll provider?

If you do not have a payroll provider, reach out to your lender for alternative ways to complete your verification of income and employment.

What if I can't remember my payroll credentials?

If you don't know your username or password, no problem! After you select your payroll provider and get to the first login screen, you will see a "Forgot your credentials" link. Click the link to open your payroll provider's website and follow the steps to recover your username and password. When finished, go back and enter your username and password for your payroll provider.

If your payroll provider requires a company subdomain or company ID that you do not know, reach out to your human resources representatives for assistance.

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