Throughout this Agreement, Site and App, and their related Content and Services, are collectively referred to as the “System”.
You may not interfere with the security of or otherwise abuse the System or any system resources, Content, and/or Services or networks connected to or accessible through the System. You may only use the System for lawful purposes.
This System, including Content and Services, is directed to those individuals and entities located in the United States where One Real Mortgage is offering Content and Services. It is not directed to any person or entity in any jurisdiction where (by reason of location, business decision, nationality, residence, citizenship or otherwise) One Real Mortgage is not offering Content and Services or where the publication or availability of the System and its Content and Services are unavailable or otherwise contrary to local laws or regulations. If this exclusion applies to you, you are not authorized to access or use any of the information on the System. One Real Mortgage makes no representation that the information, opinions, or other Content or Services, whether or not through the System, is correct, appropriate, or that the System, Content, or Services are available outside of the United States or outside of One Real Mortgage’s specific operating locations. Those who choose to access this System, Content, or Services from other locations do so at their own risk and are responsible for compliance with applicable laws.
In order to use our System, you must meet a number of conditions, including but not limited to:
• You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, One Real Mortgage, and yourself. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our System.
• You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.
• If you are an agent or other real estate professional using our System to find buyers or sellers of property or otherwise facilitate real estate transactions, you must be licensed as a real estate agent or otherwise authorized to act in such as a capacity (e.g., a licensed attorney) in the jurisdiction in relation to which you intend to use the System.
• You must provide us with personal information, payment information, and other information that we deem necessary to provide you with access to our System.
Violations of system or network security may result in civil or criminal liability. One Real Mortgage will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the System or any activity being conducted on the System.
Depending on Services and Content requested, users of the System may be required to set up and maintain, keeping all user information correct and current, a unique user account for each specific user (regardless of whether that user is an employee or agent of any other user). Such user account will require user to provide and keep current a valid and working email address, where the user may be contacted. It is your responsibility to keep your email address current so that One Real Mortgage can communicate with you electronically. You understand and agree that if we send you a communication but you do not receive it because your email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic communications, we will be deemed to have provided the communication to you; however, we may deem your account inactive. You may not be able to use our Services until we receive a valid, working email address from you. You may update your email address or other information by logging into your user account (if applicable) or by emailing us at firstname.lastname@example.org.
You agree that your use of the System, and any Services or Content provided by or through the System, is limited to you alone, and you agree to accept full responsibility and indemnify, defend, and hold One Real Mortgage harmless for any liability or use associated with any third party’s use of the System, Services, and/or Content under you or on your behalf. You agree that your limited license granted by One Real Mortgage to use the SYSTEM is a non-transferable LIMITED license to use the SYSTEM.
Any “Fees” to use portions of the System and its Content and/or Services are set by One Real Mortgage, from time to time, in its sole discretion, and is subject to change without notice. Unless otherwise stated, the Fees do not include taxes or duties of any kind, and all taxes and duties are responsibility of the user.
You agree to pay to One Real Mortgage all Fees, as set forth on the System, at the time specified on the Site and/or App, or if there is no such time specified, all payments for Fees must be paid as directed by One Real Mortgage, or prior to using such portion of the System. If Fees are not paid, Content and Services may not be provided or performed. All payments of Fees shall be made in full and without any deduction, whether by set-off, counterclaim, discount, abatement, or otherwise, unless you have One Real Mortgage’s prior written approval or a valid order from a court having proper jurisdiction. You agree to abide by any terms and conditions applicable to any payment processing services available through the System, including terms and conditions of any third party payment processing services.
If you have any issues with your account or wish to cancel your account please contact us at email@example.com. After we have been notified of your desire to cancel your account, we will verify that all transactions and obligations have been completed under your account. Once such verification has occurred you will receive a notification from us verifying that your account has been cancelled. Please be aware that once you initiate the cancellation process, your account may become immediately inaccessible.
One Real Mortgage is a mortgage broker company and a platform that provides Content and Services to support and facilitate originating loans. Users agree to assume all liability for the use of our System and agree to hold One Real Mortgage harmless for any losses arising from or relating to your use of our System. No fiduciary relationship, agency, joint venture or partnership is created between any users of the System and One Real Mortgage. You agree that One Real Mortgage is not a party to any contracts entered between you and any other third parties encountered through our System or otherwise.
Modification of System
We reserve the right to alter, update, or remove our System at any time. We may conduct such modifications to our System for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the System for security, legal or other purposes.
We make our Content and Services available to you through our System. When you use our System, we grant you a, personal, non-exclusive, revocable, limited license to use our System, including accessing our Site and App. This means you may not resell our System, including any Content or Services, anywhere else, share your license to use our System with anyone else, reverse engineer, decompile, modify or otherwise attempt to copy our System.
You are responsible for your use of the System, and for any use of the System made using your account. Specifically, you agree that:
• You will not copy, distribute or disclose any part of the System in any medium, including without limitation by any automated or non-automated “scraping”;
• If you are a real estate agent or other real estate professional you will comply with any state laws and state regulations, and your use of our System will not violate any laws, rules, or obligations that you may have with any state or any other third party;
• Unless you are a real estate agent or other real estate professional, you are using this System for non-commercial and personal reasons;
• You are solely responsible for your use of the System, including any results or outcomes from your use of the System, whether or not in relation to a real estate transaction;
• Your use of our System does not violate any prior obligation, contract, or agreement that you may have with a third party.
• You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the System;
• You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
• You will not collect or harvest any personally identifiable information, including account names, from the Service;
• You agree not to stalk, harass, bully or harm another individual who uses our System;
• You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
• You agree that you will not hold One Real Mortgage responsible or liable for your use of our System, including your use of any Content or Services to facilitate a real estate transaction;
• You agree not to violate any requirements, procedures, policies or regulations of networks connected to the System or One Real Mortgage;
• You agree not to interfere with or disrupt the System;
• You agree not to hack, spam or phish us or other users of the System;
• You agree to provide truthful and accurate content;
• You agree to not violate any law or regulation and you are responsible for such violations;
• You will not use our System to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent content;
• You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our System, including the de-indexing or de-caching of any portion of our Site from a third party’s website, such as by requesting its removal from a search engine;
• You will not upload any content to our System that includes any third party intellectual property unless you have permission from the owner to use such content.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our System may at our discretion be terminated or suspended. We may also suspend or terminate your access to One Real Mortgage if we feel that any of your activities through our System may harm the rights of One Real Mortgage. Generally, we will provide an explanation for any suspension or termination of your use of any of our System, but One Real Mortgage reserves the right to suspend or terminate any account at any time without notice or explanation.
When submitting any Content, please ensure that such Content is accurate. We are not required to host, display, utilize, or distribute any of your Content or posts and we may refuse to accept or transmit any Content or delete your Content from the System at any time. You understand that when using the System you may be exposed to Content from a variety of sources, and that One Real Mortgage is not responsible for the accuracy, validity, or usefulness of Content created by others. You agree that you are solely responsible for any Content submitted and that we cannot guarantee the absolute safety and security of any such information.
You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against One Real Mortgage with respect thereto, and agree to indemnify and hold One Real Mortgage, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the System.
When you submit any Content to us, you grant One Real Mortgage and its affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your Content and anything we may make with your Content through One Real Mortgage or any other medium currently invented or invented in the future. We reserve the right to display advertisements in connection with your Content, and to use your Content to advertise and promote One Real Mortgage. Additionally, although you own all Content submitted by you, we own all layouts, arrangement, metadata and images that are used to render your Content through our System.
By submitting any Content to our System, you hereby represent and warrant that you own all rights to your Content or, alternatively, that you have the right to give us the license described above. You also promise that you have paid and will pay in full all fees or other payments related to the use of your post or submission of any Content. Finally, you agree that your submitted post or Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
Beneficiary Information and Emergency Contacts. In connection with certain One Real Mortgage Services or programs, such as the willable revenue share program, you may have the ability to designate a beneficiary, designate an emergency contact, or the like. If you provide information for a beneficiary, emergency contact, or the like, you represent and warrant to us that you have the legal right and authorization, through consent or otherwise, to provide the such personal information to us.
When submitting any Content to us, you understand that this Content may be viewable by the public or other users. It is recommended that Content that you submit to our System be tasteful and up to community standards. You agree that we at our sole discretion may remove any Content that we determine is not up to community standards.
One Real Mortgage may offer Services that facilitate electronic transactions, including Services that allow users to electronically sign and verify documents. Such Services are compliant with the Electronic Signatures in Global and National Commerce Act (the “E-SIGN Act”), which facilitates the use of electronic signatures, communications, and records in interstate and foreign commerce by ensuring the validity and legal effect of contracts entered into electronically.
By using One Real Mortgage’s E-SIGN Act compliant electronic signature Services, you are consenting and agreeing (i) to receive notices and disclosures in a reasonably accessible manner from One Real Mortgage in electronic form, (ii) use One Real Mortgage’s electronic signature Services on the documents you elect to execute or otherwise process through One Real Mortgage’s electronic signature Services, (iii) to conduct proposed transactions electronically, with the use of electronic signatures, including electronic initials, for the documents to be executed, (iv) that electronic signatures and initials contained on these documents are equivalent to hand written signatures and initials for purposes of evaluating validity, enforceability, and admissibility of such documents, and (v) that your signatures and initials are accurate and will constitute an electronic, valid, and binding representation of your signature and initials for the purpose of legal documents and contracts. By delivering to One Real Mortgage documents to be executed, you are authorizing One Real Mortgage to imprint thereon your signature and that of other parties who have provided us with their consent, and to distribute copies of the executed version to all parties.
One Real Mortgage will initiate electronic signature transactions through its Services by requiring you to verify your identity, including by registering an account with One Real Mortgage, responding to an email invitation from One Real Mortgage, providing identifying documentation to One Real Mortgage, obtaining your IP address, or otherwise using reasonable methods to verify your identity. One Real Mortgage shall provide you the documents for execution by electronic message, such as an email, upon which to proceed you must confirm receipt of the electronic message and acknowledge that you are able to download, save, and print electronic documents. Your consent to conduct transactions electronically, including by using One Real Mortgage’s electronic signature Services, applies to all documents that you receive or transact using such Services until such time as you withdraw your consent.
You may withdraw your consent to receive Records under this Notice by emailing us at firstname.lastname@example.org or writing us at 39889 Balentine, Dr Suite 200 Neward, CA 94560. Your withdrawal will be effective within twenty (24) business hours from the time we receive your withdrawal notice. Any withdrawal request must be made to “Attn: E-Sign Consent Withdrawal.”
To access and retain electronic records, you must have a valid email address, an electronic device, such as a computer, mobile phone, tablet, or similar device with internet access and a current web browser, where such device has software making it capable of receiving, accessing, displaying, printing, saving, and storing documents and other records (with sufficient data storage to store such documents and records) received in electronic form.
Should you desire paper copies of any documents executed using One Real Mortgage’s electronic signature Services, you may request such documents directly from One Real Mortgage, by emailing us at email@example.com or by writing us at 39889 Balentine, Dr Suite 200 Neward, CA 94560, Attn: E-Sign Document Request.”
One Real Mortgage provides its electronic signature Services as a way for parties to execute agreements. One Real Mortgage is not a party to any such agreement, and shall not have any liability or responsibility with respect to the validity or enforceability, the breach by any party in the performance of its obligations under that agreement, or your failure to obtain the outcome you were seeking to achieve. One Real Mortgage shall not have any obligation with respect to the performance by any party to any agreement executed using our Services. If any dispute arises between or among any parties to an agreement that has been executed using our Services, One Real Mortgage shall not have any responsibility or liability with respect to that dispute. Without limiting the generality of the foregoing, One Real Mortgage will not have any obligation to assist in mediating any such dispute, to locate any other party to the agreement, or otherwise to facilitate a resolution of the dispute.
One Real Mortgage is not responsible for your violation of any laws while using our System. Users must comply with all local, state, or federal laws regarding your use of our System. Our System is void where prohibited.
One Real Mortgage respects the intellectual property rights of others and expects our affiliated agents to do the same. Per the DMCA, One Real Mortgage will respond expeditiously to claims of copyright infringement on the Site or App if submitted to One Real Mortgage’s Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, One Real Mortgage will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials.
If you believe that your intellectual property rights have been violated by One Real Mortgage or by a third party who has uploaded materials to the Site or App, please provide the following information to One Real Mortgage’s designated Copyright Agent listed below:
1. A description of the copyrighted work or other intellectual property that you claim has been infringed;
2. A description of where the material that you claim is infringing is located on the Site or App;
3. An address, telephone number, and e-mail address where One Real Mortgage can contact you and, if different, an e-mail address where the alleged infringing party, if not One Real Mortgage, can contact you;
4. A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
5. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf;
6. Your electronic or physical signature
One Real Mortgage may request additional information before removing any allegedly infringing material. In the event One Real Mortgage removes the allegedly infringing materials, One Real Mortgage will immediately notify the person responsible for posting such materials that One Real Mortgage removed or disabled access to the materials.
One Real Mortgage may also provide the responsible person with your e-mail address so that the person may respond to your allegations.
One Real Mortgage reserves the right to terminate, limit or suspend any user’s access to the System in the event of repeated infringing activity. If you believe that a user of this System is a repeat infringer, please follow the above instructions to contact One Real Mortgage’s Copyright Agent. Please include sufficient information to assist One Real Mortgage in determining that the user repeatedly engaged in infringing activity.
One Real Mortgage registered a designated agent with the Copyright Office pursuant to 17 U.S.C. 512(c). One Real Mortgage’s designated Copyright Agent is:
Alix Lumpkin, Real Broker, LLC
39889 Balentine, Dr Suite 200
Neward, CA 94560
The Marks displayed on or in connection with the System are the property of One Real Mortgage or other third parties. You are not permitted to use the Marks without the prior written consent of One Real Mortgage or such third party that may own the Marks.
You may not, nor have third party’s on your behalf, copy, download, reproduce, modify, publish, distribute, transmit, transfer, create derivative works from, reverse engineer, improve, import, export, offer for sale, or sell the System, or any Content or Services of the System, without first obtaining written permission from One Real Mortgage, and you agree to assign and do hereby assign to One Real Mortgage all rights, title, and interests in any work product or other interests resulting from such actions, including intellectual property developed or derived by or from improvements or derivations of the System attributable to you.
We do not guarantee that the System will always be available, work, or be accessible at any particular time. Although we aim to provide you with accurate data and content through our System, please be aware that our System and any information, including Content, found within it are offered “as-is.” Only users who are eligible to use our System may do so. We reserve the right to terminate access for anyone for any reason.
You agree that any information listed by us or a third party on our System may be inaccurate, unsubstantiated or possibly even incorrect. We cannot guarantee that using our System will give you any desired results. We do not endorse, represent, warrant, or otherwise verify any third parties who use our Service or post Content on our Site or App. We assume no responsibility for the accuracy or completeness of any information listed or available on our System. You assume all responsibility for any such information listed or available on our System. You agree to release us from any liability that we may have to in relation to your use of our System.
You agree that it is your responsibility to verify any credentials of any third parties you may encounter through our System. You agree that we are not responsible for verifying the licensing of any real estate agents or other real estate professionals and that you are solely responsible for such verification.
THE SYSTEM, INCLUDING, WITHOUT LIMITATION, THE SERVICE, CONTENT, SITE, AND APP, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER ONE REAL MORTGAGE NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SYSTEM; (B) ANY SERVICES OFFERED THROUGH THE SYSTEM; (C) OUR CONTENT AND ANY USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO ONE REAL MORTGAGE OR VIA THE SYSTEM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUSES.
ONE REAL MORTGAGE DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SYSTEM OR THE SERVER THAT MAKES THE SYSTEM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. ONE REAL MORTGAGE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SYSTEM IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SYSTEM IS AT YOUR SOLE RISK. ONE REAL MORTGAGE DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF ONE REAL MORTGAGE’S SYSTEM WILL BE CLOSED OR BE CONSUMMATED, OR WILL OCCUR WITHOUT RISK TO YOU. WE RELY ON VARIOUS SOURCES OF INFORMATION IN IDENTIFYING THE REAL ESTATE AGENTS FOUND ON THE SYSTEM, BUT DO NOT VERIFY THE ACCURACY OF SUCH INFORMATION. ONE REAL MORTGAGE DOES NOT WARRANT THAT YOUR USE OF THE SYSTEM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND ONE REAL MORTGAGE SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THIS AGREEMENT. BY ACCESSING OR USING THE SYSTEM YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SYSTEM. ONE REAL MORTGAGE DOES NOT ENDORSE ANY CONTENT OR SERVICES AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT OR SERVICES FOUND ON OR THROUGH ONE REAL MORTGAGE. IN THE EVENT OF ANY ISSUE OR PROBLEM WITH THE SYSTEM, INCLUDING ITS CONTENT OR SERVICES, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS THROUGH THIS AGREEMENT.
IN NO EVENT SHALL ONE REAL MORTGAGE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE SYSTEM DUE TO ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SYSTEM, (III) ANY INTERRUPTION,MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR SYSTEM TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SYSTEM BY ANY THIRD PARTY, (V) ANY FAILURE OF ANY THIRD PARTY INFORMATION OR PRODUCTS LISTED AND SOLD ON OUR SYSTEM, INCLUDING ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL , (VI) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR (VII) ANY ERRORS OR OMISSIONS IN OUR SYSTEM FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR SYSTEM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ONE REAL MORTGAGE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. ONE REAL MORTGAGE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. YOUR ABILITY TO USE OUR SYSTEM IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT WE MAY BE FOUND LIABLE TO YOU FOR ANY ISSUES REGARDING OUR SYSTEM, YOU AGREE OUR TOTAL LIABILITY TO YOU WILL NOT EXCEED $100 USD OR THE TOTAL AMOUNT YOU SPENT WHILE USING OUR SYSTEM WITHIN THE LAST SIX MONTHS, WHICHEVER IS GREATER.
No Liability of App Stores and Other Third Parties. Your wireless carrier, the manufacturer and retailer of your mobile device, the developer of the operating system for your mobile device, the operator of any application store, marketplace, or similar service through which you obtain the App, and their respective affiliates, suppliers, and licensors (collectively, “Third Parties”) are not parties to this Agreement and they do not own and are not responsible for the App. One Real Mortgage, and not any Third Parties, is responsible for addressing any claims raised by you or any third party regarding the App or your use or possession thereof, including claims related to product liability, legal or regulatory requirements, and consumer protection or similar legislation. You are responsible for complying with all application store and other applicable Third Party terms and conditions. YOU AGREE (I) THE THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE APP, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (II) IN NO EVENT WILL THE THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT OR THE APP, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (III) IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY THIRD PARTY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND WILL IN NOT EXCEED FIVE HUNDRED DOLLARS ($500.00); AND (IV) YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE THIRD PARTIES ARISING OUT OF THE APP AND THIS AGREEMENT. THE THIRD PARTIES ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS AGREEMENT, CAPABLE OF DIRECTLY ENFORCING ITS TERMS. NOTHING CONTAINED IN THIS AGREEMENT WILL BE CONSTRUED AS MODIFYING OR AMENDING ANY AGREEMENTS OR OTHER TERMS BETWEEN YOU AND THE THIRD PARTIES WITH REGARD TO THEIR SUBJECT MATTER. In the event of any claim that the App or your possession and use of the App infringes a third party’s intellectual property rights, the Third Parties are not responsible for the investigation, defense, settlement, or discharge of the infringement claim.
You and One Real Mortgage agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
You agree to defend, indemnify and hold harmless One Real Mortgage and its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
• your use of and access to the System;
• any claim that your actions caused harm, injury, or damage to a third party;
• your violation of any third party right, including without limitation any copyright, property, or privacy right.
This defense and indemnification obligation will survive this Agreement and your use of the System. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
This Agreement shall be governed by the laws in force in the state of Texas. The offer and acceptance of this contract is deemed to have occurred in Texas.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, One Real Mortgage shall have the sole right to elect which provision remains in force. Subject to any additional written contracts entered into between you and One Real Mortgage, this Agreement is deemed to be the entire Agreement between you and One Real Mortgage. In the event of a conflicting provision between this Agreement and any additional written contract entered into between you and One Real Mortgage, One Real Mortgage shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
One Real Mortgage or its users may post links to third party websites on its Site or App, which may include information that we have no control over. Whether you access third party websites through a link on our Site or App, or as a consequence of using our System, you acknowledge that you are aware that these third party websites are not screened for privacy or security issues by us, and you release us from any liability for the conduct of these third party websites. Furthermore, One Real Mortgage does not endorse, verify, or otherwise ensure the accuracy of any information posted or linked through third party websites including any services or products sold by such third parties.
If we determine that any of your actions may harm One Real Mortgage, we may terminate or suspend your account, or your use of our System without notice, though we will strive to provide a timely explanation in most cases. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. You agree that we are not required to provide you with access to our System and may terminate our System at any time and for any reason.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you or otherwise provide you with written notice. You may refuse to agree to the amendments, but if you do, you must immediately cease using our System.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about One Real Mortgage must be sent to our agent for notice to: firstname.lastname@example.org.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Updated: August 2023