By accessing this website you (meaning any individual whose name is used in the prequalification pages, jointly and severally; also referred to herein as "you") agree to and accept, without modification, the terms, conditions, and notices contained in this Agreement. We reserve the right to revise these Terms of Conditions and Use and Disclosures from time to time without notice by posting such change on the site. Any such change will be effective immediately upon posting. If you do not wish to be bound by these terms and conditions, you may not access or use this website. Further, these terms and conditions apply exclusively to your access to, and use of, this website and do not alter in any way the terms and conditions of any other agreement you may have with us. Notwithstanding any of these terms and conditions, we reserve the right, without notice and in our sole discretion, to block or prevent future access to and use of this website.
You hereby warrant and represent that all of the information you have provided in this website is true and complete. You authorize Chevy Chase Bank, a Division of Capital One, N.A. ("we", "us" or "our") and any other lending entity, investors in your loan, or service provider ("providers") that we provide this information to check your credit (including ordering a consumer credit bureau report) and employment history, to answer questions regarding your credit history with us, and provide that information to credit bureaus and to return our decision to you via telephone, facsimile, mail or Internet, at our option. As with all of the data that you provide, this information is kept confidential. You hereby consent to our sharing this information with the agents processing your application, our investors in home loans, and with your co-applicants. You understand that the providers and we may keep this information, whether or not you prequalify for a loan. You acknowledge that your use of this website is NOT an application for credit unless you take the final steps set forth in this website following the prequalification process to select a loan product by working with a loan officer, lock-in your terms and rate, and pay the application fee. YOU UNDERSTAND THAT YOU WILL HAVE TO YOU FULLY COMPLETE THE ADDITIONAL STEPS SET FORTH IN THIS WEBSITE FOLLOWING THE PREQUALIFICATION PROCESS BEFORE WE WILL CONSIDER YOUR USE OF THIS WEBSITE TO BE A CREDIT APPLICATION TO US AND BEFORE WE WILL EXTEND TO YOU A LOAN.
You hereby warrant and represent to us and our actual or potential agents, brokers, processors, attorneys, insurers, servicers, successors and assigns and agree and acknowledge that “(1) the information provided in this website is true and correct as of the date submitted by you and that any intentional or negligent misrepresentation of this information contained in this application may result in civil liability, including monetary damages, to any person who may suffer any loss due to reliance upon any misrepresentation that you have made in this website, and/or in criminal penalties including, but not limited to, fine or imprisonment or both under the provisions of Title 18, United States Code, Sec. 1001, et seq.; (2) the prequalification requested and/or loan requested via this website (the “Loan”) will be secured by a mortgage or deed of trust on the property described herein; (3) the property will not be used for any illegal or prohibited purpose or use; (4) all statements made in this application are made for the purpose of obtaining a residential mortgage loan; (5) the property will be occupied as indicated by you on this website; (6) any owner or servicer of the Loan may verify or reverify any information provided by you on this website from any source named by you on this website, and Lender, its successors or assigns may retain the original and/or an electronic record of this pre-qualification application, even if your request is not approved; (7) the Lender and its agents, brokers, insurers, servicers, successors and assigns may continuously rely on the information provided by you on this website, and you represent that you are hereby obligated to amend and/or supplement the information provided by you on this website if any of the material facts that you have represented herein should change prior to closing of the Loan; (8) in the event that your payments on the Loan become delinquent, the owner or servicer of the Loan may, in addition to any other rights and remedies that it may have relating to such delinquency, report your name and account information to one or more consumer credit reporting agencies; (9) ownership of the Loan and/or administration of the Loan account may be transferred with such notice as may be required by law; (10) neither us nor our agents, brokers, insurers, servicers, successors or assigns has made any representation or warranty, express or implied, to you regarding the property or the condition or value of the property; and (11) your transmission of this pre-qualification application as an “electronic record” containing your “electronic signature,” as those terms are defined in applicable federal and/or state laws (excluding audio and video recordings), or your facsimile transmission of this application containing a facsimile of your signature, shall be as effective, enforceable and valid as if a paper version of the information provided by you on this website were delivered containing your original written signature.
The interest rate quoted in connection with any loan that you pre-qualify for is subject to change without notice unless and until an application as described above has been submitted and accepted by us and we have informed you of approval of your loan request, and, as applicable, an interest rate lock-in agreement has been made between you and us. If you enter a lock-in agreement with us and are required to pay a lock-in fee, the terms and conditions under which the lock-in fee may be refunded, if any, will be set by us in the lock-in agreement.
As mandated by federal law, we are required by the Truth in Lending Act (TILA) and, for loans secured by real property, the Real Estate Settlement Procedures Act (RESPA) to provide the following information to you only if an application, as described above, is made:
The federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant's income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning this creditor is the Office of the Comptroller of the Currency, Customer Assistance Group, 1301 McKinney Street, Suite 3450, Houston, Texas 77010-9050.
Attention New Account Openers: USA Patriot Act Anti-Terrorism Requirements
To help the government fight the funding of terrorism and money laundering activities, the USA Patriot Act requires all financial institutions to obtain, verify, and record information that identifies each person who opens a loan account. As part of the loan account application process, we are asking for your name, address, date of birth, Social Security or Tax ID Number, and other information that will allow us to identify you. We may also ask you to provide your driver’s license or other identifying documents at closing or by other means to verify your identity. Your refusal to provide the requested USA Patriot Act information will result in our inability to honor your request to establish your loan account or pre-qualify you for a loan. In addition to these USA Patriot Act requirements, we will request your credit history from a credit bureau as part of processing your loan, which will assist us in verifying your identity. Thank you for your cooperation.
Our providers and we are committed to protecting the security of your information. Our providers and we use sophisticated secure technology to protect your data and transmissions.
We do not warrant that the information contained in this web site is at all times accurate and reliable; an error sometimes occurs. We expressly disclaim any obligation to update the contents of this web site or to maintain uninterrupted access to this web site. Reference to any products, services, processes, or other information, by trade name, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
THIS WEB SITE AND THE MATERIALS CONTAINED ON THIS WEB SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY US. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS WEB SITE ARE ACCURATE, COMPLETE, CURRENT, OR ERROR-FREE. WE DO NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE SHALL NOT BE LIABLE FOR ANY DAMAGES, SERVICES, REPAIRS OR CORRECTIONS THAT MUST BE PERFORMED ON YOUR COMPUTER CAUSED BY YOUR USE OF THIS WEB SITE, INCLUDING ANY INFECTION OF VIRUSES.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS WEB SITE.
We are not responsible for any errors or delays in responding to a prequalification form caused by incorrect information provided by you or by other technical problems beyond our reasonable control.
This Agreement shall be subject to the laws of the United States as applicable to national associations, and to the extent said laws do not apply, then this Agreement is governed by the laws of the State of Maryland, applicable to agreements made and entirely to be performed within such state, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in Maryland state court or federal court located in the Southern District of the State of Maryland and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction or such courts over any suit, action or proceeding arising out of this Agreement or the terms and disclosures.
The availability of any logos, graphics or icons through this website shall under no circumstance constitute a transfer of any copyrights, trademarks or other intellectual property rights of us to any website user or third party. The Chevy Chase Bank, Capital One, N.A. logo used throughout this website may not be copied, imitated or used without the express prior written permission of its owner. Other products and companies referred to herein are trademarks or registered trademarks of their respective companies or mark holders.
Copyright and Trademark Notices
All contents of this web site are:
Copyright © 2009 Capital One. All rights reserved.