These Terms of Use, together with our Privacy Policy, set forth the terms and conditions ("Terms") that apply to your access and use of any and all of the products and services that we make available, including via housenumbers.io, email, SMS or otherwise (together, the “Services”).
"House Numbers", "Company", "we", "our" or "us" means House Numbers Inc., a Delaware corporation, and its officers, directors, employees, consultants, affiliates (i.e., persons controlling, controlled by or under common control with House Numbers Inc.), and agents. The Services are intended for U.S. residents only.
By using or accessing the Services you agree to these Terms, as updated from time to time.
These Terms state that any disputes between you and House Numbers must be resolved in binding arbitration or small claims court and that you waive the right to participate in any class action. You may opt out of arbitration and the class action waiver by following the procedures below.
- Registration and Account Responsibility. To use the Services you must be at least eighteen years of age and have not previously been suspended or removed from the Services. To access some features of the Services, you may be required to register for an account. When registering for and maintaining an account, you agree to provide true, accurate, current, and complete information about yourself. You are solely responsible for maintaining the confidentiality and security of your password(s). If you do share this information with anyone, we will consider their activities to have been authorized by you. If you have reason to believe that your account is no longer secure, you must immediately notify us at support@housenumbers.io.
Mortgage Loan Processing Services. If and to the extent we provide you with any mortgage loan processing services (“MLP Services”) and you have not separately electronically signed a contract with us via DocuSign, PandaDoc or a similar e-sign service, then the following terms apply:
- MLP Fees. You agree to pay Company for the MLP Services at their generally commercially available rates, as updated from time to time. You shall ensure that Fees for Services are included in the Closing Disclosure and paid directly to Company at closing by the escrow agent. You agree that Company's processing fee will be disclosed in compliance with the TILA-RESPA Integrated Disclosures Rule (TRID) and presented to the borrower(s) and lender for preparation of the Closing Disclosure. In cases where third-party fees are restricted, you shall ensure the closing agent deducts the loan processing fees from your compensation and pays the processing fee directly to Company at closing. In the event that you withdraw any loan file after it has achieved Conditional Approval but before the file has reached Clear to Close status, and the file ultimately closes with the lender, Company shall be entitled to receive half of the MLP fees. Company will invoice you for this fee, which shall be due 10 days from the date of invoice.
- Termination of MLP Services. Either party may terminate the MLP Services for convenience at any time upon thirty (30) days' prior written notice to the other. Upon termination, Company shall continue to provide MLP Services for any in-process loans for a reasonable period of time. Your payment obligations shall survive termination, as shall confidentiality obligations and limitations on liability.
- Representations and Warranties. You represent and warrant that: (i) you have the full power and authority to enter into these Terms and to perform your obligations hereunder; (ii) the execution and performance of these Terms does not and will not violate any agreement to which you are a party or by which you are bound; (iii) these Terms constitute a legal, valid, and binding obligation, enforceable against you in accordance with its terms; and (iv) you have all rights and consents necessary to provide Company with any information you provide hereunder, including client personal information and non-public financial documents.
- Originator Responsibilities. Unless otherwise agreed between you and us in writing, you are responsible for the following: take a complete 1003; pull credit report; run AUS with Approve/Eligible; upload borrower documents to your LOS (Arive, LendingPad, Calyx, etc); assign the loan to us in your LOS; complete our loan submission form or transmit necessary info to us via email or phone to perform the MLP Services; choose the lender and loan program, and lock, extend, and price the loan interest rate, including any loan restructuring or shopping; send or sign off on borrower disclosures; loan status updates to Realtors, as required by state law; your compensation, and proper disclosure and payment of our fee.
You agree not to:
- Use the Services for any illegal purpose, or in violation of any local, state, national, or international law;
- Violate or encourage others to violate the rights of third parties, including intellectual property rights;
- Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, harassing, threatening, or otherwise inappropriate;
- Interfere in any way with security-related features of the Services;
- Interfere with the operation or any user's enjoyment of the Services, including by disseminating malicious code, making unsolicited offers, or attempting to collect information about others;
- Access, monitor or copy any content or information of the Services using any robot or other automated means or any manual process; or
- Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you.
Intellectual Property and User Content. The Services are protected by applicable copyright and other intellectual property laws, and no materials from the Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission. All trademarks and service marks on the Services belong to House Numbers, except third-party trademarks or service marks, which are the property of their respective owners. You represent and warrant that you own or otherwise have the right to use any content you post to the Services. If you believe that your content has been used in a way that constitutes copyright infringement, you may contact:
House Numbers Inc.
1344 Disc Dr. #1077
Sparks, NV 89436
Phone: (800) 754-4903
Email: support@housenumbers.ioYou must provide the following information: (i) an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. House Numbers has adopted and implements a policy that provides for termination in appropriate circumstances of accounts of users who repeatedly infringe copyright or other intellectual property rights of House Numbers or others.
Indemnification. You agree to defend, indemnify, and hold harmless House Numbers from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Services, including your violation of any third party right, including any intellectual property right, publicity, confidentiality, property, or privacy right; (ii) your violation of the Terms or any applicable law or regulation; or (iii) any disputes or issues between you and any third party. House Numbers reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
- Termination. If you violate these Terms, your permission to use the Services will automatically terminate. In addition, House Numbers in its sole discretion may suspend or terminate your account and/or suspend or terminate some or all of your access to the Services at any time, with or without notice to you. You may terminate your account at any time by contacting Customer Service at support@housenumbers.io. After your account is terminated, information and content previously provided by you will no longer be accessible through your account, but, in accordance with our Privacy Policy, House Numbers may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Services.
- Modification of the Terms. House Numbers reserves the right at any time to modify these Terms and to add new terms or conditions. Such modifications and additions will be effective immediately upon notice and incorporated into these Terms. We will make reasonable efforts to notify you of any material changes to the Terms, including by posting a notice to our website or by sending an email to any address you may have provided to us. Your continued use of the Services following notice will be deemed acceptance of any modifications to the Terms.
Disclaimers.
- The Services are provided "as is" and on an "as available" basis, without warranty or condition of any kind, either express or implied.
- House Numbers specifically disclaims (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any/all damages that may result from your use of or access to the Services. House Numbers is not responsible for the loss of, damage to, or unavailability of any information you have made available through the Services, and you are solely responsible for ensuring that you have backup copies of any information you have made available through the Services.
- House Numbers does not guarantee the accuracy of, and disclaims all liability for, any changes or errors or other inaccuracies in the information, content, recommendations, and materials made available through the Services.
- House Numbers makes no representations, warranties, or guarantees, express or implied, regarding the results or savings that may be obtained through the use of the Services.
- Limitation of Liability. In no event will House Numbers be liable to you for (A) any incidental, special, consequential, direct, indirect, or punitive damages or (B) any amount in the aggregate greater than the total fees you paid to House Numbers during the six months preceding the date the claim arose, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory and whether or not House Numbers has been informed of the possibility of such damage. Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances. Accordingly, some of the above limitations may not apply to you.
- Governing Law. These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Subject to Section 11 (Dispute Resolution by Binding Arbitration), to the extent that any lawsuit or court proceeding is permitted hereunder, you and House Numbers agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within San Francisco County, California, for the purpose of litigating all such disputes.
Dispute Resolution by Binding Arbitration; Class Action Waiver. In the interest of resolving disputes between you and House Numbers in the most expedient and cost-effective manner, you and House Numbers agree to resolve disputes through binding arbitration or small claims court instead of in courts of general jurisdiction ("Agreement to Arbitrate"). Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. You acknowledge and agree that 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 individual party's claim(s). Any relief awarded cannot affect other users. YOU UNDERSTAND THAT BY ENTERING INTO THIS AGREEMENT, YOU AND HOUSE NUMBERS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- Claims To Be Resolved By Binding Arbitration. Subject to the following subsection (b), you and House Numbers agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before this or any prior Terms; claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of these Terms.
- Exceptions. Notwithstanding the foregoing subsection (a), you and House Numbers agree that no statement herein shall be deemed to waive, preclude, or otherwise limit either party's right to (i) bring an individual action in small claims court; (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; (iii) seek injunctive relief in any competent court of law; or (iv) to file suit in a court of law to address intellectual property infringement claims.
- Arbitrator. Any arbitration between you and House Numbers will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org or by contacting House Numbers.
- Notice and Process. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to House Numbers should be addressed to: House Numbers Inc., 1344 Disc Dr. #1077, Sparks, NV 89436 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If you and House Numbers do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or House Numbers may commence an arbitration proceeding.
- Basis of Arbitration. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. Any in-person arbitration hearings will take place at a location to be agreed upon in San Francisco County, California. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
- No Class Actions. Unless both you and House Numbers agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. YOU AND HOUSE NUMBERS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
- Opt-Out. If you are a new House Numbers user, you can choose to reject the arbitration agreement contained in this Section 12 ("opt-out") by mailing us a written opt-out notice ("Opt-Out Notice"). The Opt-Out Notice must be postmarked no later than thirty (30) days after the date you accept these Terms for the first time. You must mail the Opt-Out Notice to the Notice Address listed in Section 12(d), above. The Opt-Out Notice must contain your name, address (including street address, city, state and zip code), and the user name(s) and email address(es) associated with the House Numbers account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Terms will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with House Numbers.
- Modifications. If House Numbers makes any future change to this Agreement to Arbitrate (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the Notice Address provided above. You acknowledge and agree that, in the event you reject any future change, your account with House Numbers shall be immediately terminated and you will arbitrate any dispute between us in accordance with the language of this provision.
- Severability and Enforceability. If an arbitrator or court decides that any part of this Section 12 is invalid or unenforceable, the other parts of this Section 12 shall still apply. If the entirety of this Section 12 is found to be unenforceable, then the parties agree that the exclusive jurisdiction and venue described in Section 11 shall govern any action arising out of or related to these Terms, and that the remainder of the Terms will continue to apply.
Electronic Communications and Signatures.
- You agree and consent to receive electronically all communications, agreements, documents, notices, and disclosures (collectively, "Communications") that we provide in connection with your use of the Service. We will provide these Communications to you by posting them on our website and/or by emailing them to you at the email address you provided us.
- You agree to the receipt of electronic disclosures and the use of electronic signatures in conjunction with the Services.
- You acknowledge that by voluntarily providing your telephone number(s) via the Services, you authorize us to contact you by telephone and/or SMS messages (including using automatic telephone dialing systems, artificial or pre-recorded voice message systems, and automated text messaging systems) in order to provide you with information regarding your account, promotional offers, and/or your relationship with House Numbers. You also authorize us to make such contacts using any other phone numbers we can reasonably associate with you through lawful means, such as skip tracing, caller ID capture, or other means. Calls or SMS messages may be made even if your telephone number is registered on any state or federal Do Not Call list. Your mobile service provider may charge you for calls/messaging according to your plan, and you are responsible for those charges.
- Modification of the Services. House Numbers reserves the right to modify or discontinue, temporarily or permanently, some or all of the Services at any time without any notice or further obligation to you. You agree that House Numbers will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Services.
General. These Terms, together with the Privacy Policy constitute the entire and exclusive understanding and agreement between you and House Numbers regarding your use of and access to the Services, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.