Terms of Use | One Real Mortgage

Real Estate Agent & Broker Terms of Use

Consumer Terms of Use

a. Introduction

One Real Mortgage is an online web platform where Consumers may be matched with real estate agents. A Match is defined when One Real Mortgage has introduced you to a real estate agent (also referred to as a “One Real Mortgage Partner Agent”) via phone, email, text or through the Website or portal. Any products or services provided by One Real Mortgage, either through the Website or otherwise, including a Match, a BrewScore, and a HomeBrew Report, are defined herein as “Services.”
One Real Mortgage is not a mortgage lender or mortgage broker. We do not make any loan commitments or fund any mortgage loans.You understand and agree that we may, in exchange for matching you with a One Real Mortgage Partner Agent, be compensated by the Partner Agent as a percentage of the purchase price.
Although LemonBrew is a licensed real estate brokerage, all real estate brokerage activities are performed by the One Real Mortgage Partner Agent with whom you have been matched.
Your participation in One Real Mortgage’s Website and Services is voluntary and can be terminated at any time. Any Matches made prior to such termination are still bound our agreement with the One Real Mortgage Partner Agent. In the event that legislation or governmental regulations prohibit the use of any products or services, we may terminate our Services upon the effective date of such legislation or regulations and you shall discontinue using our Services. Upon termination, you and we agree to continue our cooperation in order to effect an orderly termination of our relationship.

b. Disclaimer to Consumer Using the Services

You understand and agree that One Real Mortgage is not representing you as a real estate agent or broker or property manager. Also by using the Website or the Services, you may come into contact with or use the services of various real estate agents or brokers, vendors, advertisers or other third parties. One Real Mortgage does not control or supervise any such affiliates, agents, brokers, vendors, advertisers or other third parties, and One Real Mortgage is not responsible for their actions. All terms and conditions between a Consumer and a real estate professional are governed by a separate legal agreement that does not involve One Real Mortgage and is solely between the Consumer and the real estate professional. One Real Mortgage does not endorse, validate, or recommend any legal agreements between Consumers and real estate professionals. Please consult your own attorney.

c. BrewScore

The Website allows Consumers to submit, and to authorize One Real Mortgage to obtain, information from third parties regarding, among other things, your finances, assets, credit use and history, and home buying preferences, to calculate a BrewScore for determining your potential to receive a rebate from the Real Estate Agent and in matching you to One Real Mortgage Partner Agents. The BrewScore is meant for your personal use only. You acknowledge and agree that One Real Mortgage (including through the BrewScore and other services) has not and does not provide you legal, tax, financial, or other advice (including, without limitation, advice on how to improve or repair your credit or credit scores), and that the BrewScore and other services are not designed or intended to provide any such advice. We provide Services and related information solely to assist you in locating real estate agents and related real estate services and you agree that you will not use the Website or Services for any other purpose, especially a commercial purpose.

d. Your Right to Obtain a Consumer Report Free of Charge

Consumer reporting agencies are required by law to give you a copy of your consumer report (sometimes referred to as a credit report) upon request at no charge or for a nominal fee. None of the products offered through this site are intended as a substitute for the consumer report that may be available to you without charge.

e. Personal Information; Permissible Purpose Authorization

As needed to provide Services to you, you authorize and instruct us to obtain and compile your: (i) credit information from one or more consumer reporting agencies; (ii) “non-public personal information,” “personal information,” and/or “highly restricted personal information” about or concerning you as defined by the Gramm-Leach-Bliley Act; and (iii) other personal information, including information provided by you.
You acknowledge and agree that your access to the Services, the Website, and any consumer credit information contained therein is subject to your prior written authorization and our verification of your identity. As such, you understand and agree that by using the Services, you are providing “written instructions” in accordance with the FCRA for us to obtain credit information about you from one or more of the three nationwide consumer reporting agencies and you hereby authorize us to access your personal credit information in order to provide the Services. We may also use information from third party sources to verify your identity.
By using the Services, you certify that you are eighteen (18) years or older and that all of the information provided incident to using the Services is true, accurate, complete and up to date. You must also establish a user identification and password, and you agree to keep them strictly confidential and not to share them with others.

f. Disputes & Questions About Your BrewScore

Any questions or disputes regarding the accuracy of any information provided by you in the BrewScore must be directed to, and will be handled by, One Real Mortgage. Questions or disputes regarding the accuracy of information obtained by One Real Mortgage from third parties, including consumer reporting agencies (i.e., Experian), must be directed to, and will be handled by, the applicable third party. The FCRA permits consumers to dispute inaccurate information in their credit report without charge; however, accurate information cannot be changed. If you choose to dispute your BrewScore, your One Real Mortgage account will be suspended and locked until we (or the applicable third party) finish/es the investigation. One Real Mortgage is required by law to give you a copy of your consumer disclosure (the consumer information about you retained by One Real Mortgage) upon request, at no charge or for a nominal fee. If you believe your BrewScore contains inaccurate or incomplete information, you may request, at no charge to you, that One Real Mortgage research the information contained in your One Real Mortgage consumer disclosure. Further, if you believe or suspect that you have been the victim of identity theft, you may request, at no charge to you, that LemonBrew place an alert on your One Real Mortgage consumer report. To obtain more information about your rights, read the Summary of FCRA Rights.

PLEASE READ THIS ENTIRE SECTION CAREFULLY BECAUSE IT AFFECTS YOUR LEGAL RIGHTS BY REQUIRING ARBITRATION OF DISPUTES (EXCEPT AS SET FORTH BELOW) AND A WAIVER OF THE ABILITY TO BRING OR PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION. ARBITRATION PROVIDES A QUICK AND COST EFFECTIVE MECHANISM FOR RESOLVING DISPUTES, BUT YOU SHOULD BE AWARE THAT IT ALSO LIMITS YOUR RIGHTS TO DISCOVERY AND APPEAL.

a. Binding Arbitration

Any Claim (as defined below) raised by either you or One Real Mortgage against the other shall be subject to mandatory, binding arbitration. As used in this arbitration provision, the term “Claim” or “Claims” means any claim, dispute, or controversy between you and us relating in any way to your relationship with One Real Mortgage, including but not limited to any Claim arising from or relating to this Agreement, the Services or this Website, or any information you receive from us, whether based on contract, statute, common law, regulation, ordinance, tort, or any other legal or equitable theory, regardless of what remedy is sought. This arbitration obligation extends to claims you may assert against One Real Mortgage or its subsidiaries, affiliates, successors, assigns, employees, and agents. The term “Claim” shall have the broadest possible construction.

b. No Class or Representative Arbitrations

The arbitration will be conducted as an individual arbitration. Neither you nor we consent or agree to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. This arbitration provision applies to and includes any Claims made and remedies sought as part of any class action, private attorney general action, or other representative action. By consenting to submit your Claims to arbitration, you will be forfeiting your right to bring or participate in any class action (whether as a named plaintiff or a class member) or to share in any class action awards, including class claims where a class has not yet been certified, even if the facts and circumstances upon which the Claims are based already occurred or existed.

c. Right to Opt-Out of this Arbitration Provision

IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION PROVISION, YOU HAVE THE RIGHT TO EXCLUDE YOURSELF. Opting out of the arbitration provision will have no adverse effect on your relationship with One Real Mortgage or the delivery of Services to you. In order to exclude yourself from the arbitration provision, you must notify One Real Mortgage in writing within 30 days of the date that you first accept this Agreement on the Website. To be effective, timely written notice of opt out must be delivered to [ADDRESS] and must include your name and address, as well as a clear statement that you do not wish to resolve disputes with One Real Mortgage through arbitration. If you have previously notified One Real Mortgage that you wish to opt-out of arbitration, you are not required to do so again. Any opt-out request postmarked after the opt-out deadline or that fails to satisfy the other requirements above will not be valid, and you must pursue your Claim in arbitration or small claims court.

d. Initiation of Arbitration

Arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in effect at the time the arbitration is filed unless any portion of those rules is inconsistent with any specific terms of this arbitration provision or this Agreement, in which case the terms of this arbitration provision and this Agreement will govern. The AAA’s rules may be obtained at www.adr.org, or by calling the AAA at 1-88-778-7879. To commence an arbitration, you must file a copy of your written arbitration demand with the AAA (either online at www.adr.org or by mail addressed to AAA, Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043). The arbitration shall be before a single arbitrator. The arbitrator will have the power to award a party any relief or remedy that the party could have received in court in accordance with the law or laws that apply to the dispute, subject to any limitations of liability or damages that exist under this Agreement. This agreement to arbitrate involves interstate commerce and is made pursuant to the Federal Arbitration Act, 9 U.S.C. sections 1-16 (the “FAA”). Any claim or dispute as to the enforceability of this arbitration provision’s restrictions on your right to participate in or pursue a class action or class wide arbitration shall be decided by a court and not an arbitrator.

e. Payment of Arbitration Fees and Costs

In the event you file a Claim in arbitration in accordance with these provisions, we will advance all arbitration filing fees if you ask that we do so, in writing, prior to the commencement of the arbitration. The payment of any such fees will be made directly by us to the AAA. Such requests should be mailed to [ADDRESS]. We will also pay all arbitrator fees. If One Real Mortgage prevails in the arbitration, then the arbitrator shall have the authority to require that you reimburse One Real Mortgage for the filing fees advanced, but only to the extent such fees would be recoverable by us in a judicial action. You are responsible for all other fees and costs you incur in the arbitration, including attorney’s fees and expert witness fees, except that the arbitrator shall have the authority to award attorney’s fees and costs to the prevailing party; (i) based on applicable law; (ii) under the rules of the arbitration administrator; or (iii) if the arbitrator rules in your favor and the arbitrator expressly determines that there is a good reason for requiring us to pay those fees and costs.

f. Continuation

This arbitration provision shall survive: (i) termination or changes in this Agreement or the relationship between you and us; and (ii) termination or changes in our providing any Services to you.

g. Small claims court

Notwithstanding anything in this section, either you or One Real Mortgage may bring an individual action in small claims court as long as (i) the claim is not aggregated with the claim of any other person, and (ii) the small claims court is located in the same county and state as your address that you most recently provided to One Real Mortgage according to One Real Mortgage’s records in connection with this Agreement.

Real Estate Agent & Broker Terms of Use

Consumer Terms of Use

Building your future, together.