Terms of use

Terms of Use

PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS. BY ACCESSING OR USING ZILLOW HOME LOANS, LLC's (“ZHL” OR “WE” OR “US” OR “OUR”) WEBSITE, MOBILE SITE, MOBILE APPLICATIONS, OR OTHER SERVICES PROVIDED BY MOLA (COLLECTIVELY, THE “SERVICES”), YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, AS UPDATED FROM TIME TO TIME (“TERMS OF USE”). IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT CONTINUE TO ACCESS THESE SERVICES (“SERVICES”) OR THE INDIVIDUAL PAGES HEREIN.

Website Content

The information provided through the Services are intended to provide users with information about ZHL. and the products and services it offers. Content, information, functions and features of this website are SUBJECT TO CHANGE WITHOUT NOTICE. Nothing on this website should be construed as an offer of terms of any mortgage product or as a commitment to lend. Advertised rates or terms may differ among loan products, among geographic locations, or as a result of individual borrower profiles, including borrower income, asset and credit information. No content or information provided on this website should be construed as a commitment to lend.

Use of the Services; Prohibited Use

As long as you comply with these Terms of Use, ZHL grants you a non-exclusive, limited, revocable, personal, non-transferable license to use the Services for your personal use. Except as expressly stated herein, these Terms of Use do not provide you with a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party web sites or otherwise. The Services may include software for use in connection with the Services.

By using the Services, you agree not to:

  • reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Services, except as explicitly permitted under these Terms of Use;
  • remove or modify any copyright or other intellectual property notices that appear in the Services;
  • use the Services in any way that is unlawful, or harms ZHL, its service providers, suppliers, or any other user;
  • impersonate another person or misrepresent your affiliation with another person or entity;
  • upload invalid data, viruses, worms, or other software agents to the Services;
  • interfere with, or compromise the system integrity or security of the Services, or otherwise bypass any measures ZHL may use to prevent or restrict access to the Services;
  • conduct automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions, and any other automated activity with the purpose of obtaining information from the Services) on the Services;
  • use any of ZHL’s, or its affiliates’, trademarks as part of your screen name or email address on the Services; or
  • attempt to, or permit or encourage any third party to, do any of the above.

Intellectual Property

The Services are owned and operated by ZHL and/or its affiliates. The user interfaces, design, information, data, code, products, software, graphics, and all other elements of the Services (“ZHL Materials”) provided by ZHL are protected by intellectual property and other laws and are the property of ZHL, its affiliates or ZHL’s third-party licensors. Except as expressly allowed by these Terms of Use, you may not make use of the ZHL Materials, and ZHL reserves all rights to the ZHL Materials and Services not granted expressly in these Terms of Use.

No Warranty or Guaranty

The information on this website is for general information purposes only. This website and its information, functions and features are offered on an "as-is" basis only with no guarantees, promises, or covenants. Information herein is believed to be reliable at the time of publication, however ZHL disclaims all warranties, including but not limited to warranties of merchantability, warranties of fitness for a particular purpose, and warranties of any other kind, express or implied. You acknowledge and agree that ZHL is not, and shall not be, responsible for the results of any defects that may exist in this website or its operation. ZHL assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that consumers take based on the Services or any other information available through or in connection with the Services.

User Materials - License

If you transmit, submit, upload or post information, data, images, videos and/or text (“User Materials”) to our Services you automatically grant us and our assigns a irrevocable, worldwide, perpetual, fully-paid, royalty-free, exclusive right and license to (i) use, copy, distribute, transmit, publicly display, publicly perform, re-produce, edit, modify, format, adapt, publish, prepare derivative works and/or incorporate any or all User Materials in any media whatsoever; and (ii) sublicense these rights, to the maximum extent permitted by applicable law. ZHL will not pay you for your User Materials, and may remove or modify your User Materials at any time. You are solely responsible for all User Materials you make available through the Services. For all User Materials, you represent and warrant that you are the creator and owner of the User Materials, or have the necessary licenses, rights, consents, and permission (including all permission required under applicable privacy and intellectual property law) to authorize ZHL and other users to access and use your User Materials as necessary to exercise the licenses granted by you under these Terms of Use.

You acknowledge and agree that all submissions containing any comments, improvements, suggestions, and ideas regarding the Services will become and remain our exclusive property, including any future rights associated with such submissions, even if the provisions of these Terms of Use are later modified or terminated. This means that you forever disclaim any proprietary rights in such submissions, and you acknowledge our unrestricted right to use, publish, and commercially exploit, identical, similar, or derivative ideas originating from your submission, in any medium, now and in the future, without notice, compensation or other obligation to you or any other person.

ZHL may alter, suspend or discontinue the Services or any portion of the Services without notice. ZHL will not be liable whatsoever for any change to the Services or any suspension or termination of your access to or use of the Services. ZHL reserves the right to change these Terms of Use at any time in its sole discretion on a going-forward basis. If you find the Terms of Use unacceptable at any time, you may discontinue your use of the Services. Your continued use of the Services after updates are effective will represent your agreement to the revised version of these Terms of Use. Your continued use of the Services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use.

Termination

If you violate any provision of these Terms of Use, ZHL may in its sole discretion terminate your access to the Services at any time for any reason, with or without notice.

Indemnification

You agree to indemnify, defend, and hold harmless ZHL, its affiliates, and their respective directors, officers, employees, and agents from any and all claims and demands made by any third party due to or arising out of: (a) your access to or use of the Services; (b) your breach of these Terms of Use; (c) your violation of any law or the rights of a third party; (d) any dispute or issue between you and any third party; (e) any User Materials you upload to, or otherwise make available through, the Services; and (f) your willful misconduct. ZHL reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to corporate with ZHL’s defense of that claim.

Limitation of Liability/Exclusive Remedy

IN NO EVENT WILL ZHL OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THE SERVICES OR ANY MATERIALS ON THE SERVICES, WHETHER BASED ON (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, EVEN IF ZHL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZHL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (E) ERRORS, MISTAKES, OR INACCURACIES OF MATERIALS; (F) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (G) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (H) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (I) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (J) ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (K) USER MATERIALS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THE AGGREGATE LIABILITY OF ZHL AND ANY OF ITS AFFILIATES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS OF USE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (L) THE AMOUNT YOU HAVE PAID TO ZHL FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENTS OR CIRCUMSTANCES GIVING RISE TO THE CLAIMS; AND (M) $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT OF THE PARTIES. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE.

Choice of Law

These Terms of Use are governed by the laws of the State of Washington, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction and venue in the state and federal courts sitting in King County, Washington for any and all disputes, claims and actions arising from or in connection with the Services and/or these Terms of Use.

Electronic Communications

By using the Services or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by email or by posting notices on our Services. You agree that any agreements, notices, disclosures or other communications that we provide to you electronically satisfy any legal communication requirement, including that those communications be in writing.

Mobile Devices

If we provide aspects of our Services via an application or mobile web browser (collectively “Mobile App”) for your mobile or other device, you must have a compatible mobile device to access the Services. ZHL does not warrant that any Mobile App will be compatible with your mobile device. You may use mobile data in connection with a Mobile App and may incur additional charges from your wireless provider for using a Mobile App. You agree that you are solely responsible for any applicable charges.

Our Services are Not Intended for Minors

The Services are intended to be accessed and used only by adults and are not directed to minors. For additional information regarding the Children's Online Privacy Protection Act (COPPA), please visit the Federal Trade Commission website.

General

These Terms of Use may only be amended by a written agreement signed by authorized representatives of the parties to these Terms of Use. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. ZHL may assign these Terms of Use, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Services. ZHL’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

Company Legal Information and Copyright/Trademark Notice

All content, marks, and materials are © 2019 Zillow Home Loans, LLC. Unauthorized use of any materials, information, marks, logos, or other content is strictly prohibited. All rights reserved.