LICENSES AND DISCLOSURES

General. Usurp Corp. is a Delaware limited liability company with its corporate headquarters located at 288 N St. SW, Washington, D.C. 20024. Any reference in this Licenses and Disclosures to “Usurp,” “we,” or “us” or similar words shall refer to Usurp Corp. and/or Usurp Power unless otherwise indicated. Reference in Licenses and Disclosures to “you” or “your” means the person(s) using the Usurp Websites (as defined in the Terms of Use Agreement), and/or the good, facilities or services of Usurp offered through alternative methods. Usurp is a marketing lead generator. Usurp IS NOT a Broker or a Lender.  Usurp DOES NOT take loan applications, originate, service, make loans or credit decisions in connection with loans, nor does Usurp issue commitments or lock-in agreements. Usurp’s services are only administrative. Any loan inquiry you submit is NOT an application for a loan.  Instead, it is an inquiry to be matched with Lenders to receive loan offers from Lenders. You may have to complete an application with a Lender before they will extend an offer. Usurp does not endorse or recommend the products of any particular Lender.

Except as otherwise provided for your state, Usurp is not an agent of you or any Lender.  You should rely on your own judgment in deciding which available loan product, terms and Lender that best suits your personal financial requirements. The Lender is solely responsible for its services to you, and you agree that Usurp shall not be liable for any damages or costs of any type arising out of, or in any way connected with, your use of such services. You understand that Lenders may keep your loan request information and any other information provided by Usurp or received by them in the processing of your loan request, whether or not you are qualified for a loan with them or if you make a loan with them. In addition, Usurp may receive personally identifiable information regarding you or your loan from the Lender in order to fulfill regulatory requirements as well as for internal business purposes.  You agree to notify any particular Lender directly if you no longer want to receive communications.

Fees. Usurp does not charge you any fee for its services and instead receives its compensation from the Lenders.  Marketing fees paid by the Lender or Provider may be included in your rate, points or term. Although some state licensing laws treat fees paid in exchange for marketing lead generation services as mortgage broker fees or origination fees, this is not the case under federal law. See the Terms of Use Agreement for details.

Credit. Any loan request you submit is NOT an application for a loan or for credit. Rather, it is a request to be matched with Lenders to receive offers. You may have to complete a full application with a Lender before they will extend an offer. A Lender you select may require you to pay additional costs.

Federal Disclosures.  Any request will be forwarded to Lenders or other affiliates (“Partners”) and these Partners may make certain disclosures to you. These disclosures, which are required by the Truth in Lending Act (TILA), the Real Estate Settlement Procedures Act (RESPA), and certain other federal and state laws, include details of your cost of credit; good faith estimates of your settlement costs (GFE) on August 1, 2015 the GFE will be called the Integrated Loan Disclosure or Loan Estimate and will be delivered to you by the Lender you select to proceed with for your loan needs; HUD mandated booklets “Guide to Settlement Costs” and/or “When your Home is on the Line”; notices concerning the possibility that your mortgage loan servicing may be transferred; and your right to a copy of any appraisal, if any, performed on your home. The Equal Credit Opportunity Act (ECOA) 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 agency that administers compliance with this law varies by Lender depending on its lending authority, but may include the Federal Trade Commission, Equal Credit Opportunity, Consumer Response Center, Washington, DC 20580 or at 1-877-FTC-HELP (1-877-382-4357; TDD 1-866-653-4261; or at www.ftc.gov.

PRIVACY POLICY

Last Updated: April 17, 2018

Usurp Corp. and/or Usurp Power (collectively, “Usurp”) will maintain your privacy and privacy in use of your information.  This privacy policy applies to this site, www.usurppower.com, and all websites and/or social media sites associated with Usurp which this privacy policy is displayed (such websites referred to hereafter as the “Site”, whether individually or collectively) as well as Usurp business.

Information We Collect

  1. Personally Identifiable Information: We collect personally identifiable information that can identify you, including without limitation your name, address, telephone number, mobile number, email address, and Social Security Number (collectively, “Personally Identifiable Information” or “PII”). PII could also be information you provide on others, such as co-borrowers.
  2. Non-Personally Identifiable Information: We also may collect information such as demographic data, data about your online activity, and other information which could not be used to identify you (collectively, “Non-Personally Identifiable Information” or “NPII”).
  3. Information: PII and NPII collectively are known as “Information”.

How We Collect Information

  1. Information provided by you: Information is collected when you enter information in connection with an inquiry into our services. This Information can be via an online form or other means of interacting with Usurp and its representatives.
  2. Information from service providers: Information is collected from third party service providers, such as title reviewers and service providers who may have data on your financial profile, property, or other demographic information.
  3. Information from cookies and other tracking technologies: Like many websites, we may use cookies, web beacons, and similar technologies to record your preferences, track the use of our Site and collect Information. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, clickstream data, and/or other such information. We may combine this automatically collected log information with other Information we collect about you. You may choose to set your web browser to refuse cookies, or to alert you when cookies are being sent.  Note that some parts of our Site may not function optimally as a result.

How We Use Information.  In General:  We may use Information to:

  1. Deliver the products and services you requested
  2. Improve customer service
  3. Improve our Site
  4. Personalize your user experience
  5. Communicate with you about products or services that may be of interest to you
  6. Manage our business

Who We Share Your Information With

  1. Usurp Business: We may share your Information as necessary to conduct Usurp Business.
  2. Network Partners: In submitting an inquiry for a loan product or other service provided through this website, you agree that Usurp may share your Information with lenders and other third parties which provide services to our consumers (including, for example, title reviewers or environmental reviewers in our network (collectively, “Network Partners”)) to deliver the products and services your requested. PLEASE NOTE: those Network Partners may use your Information whether or not you use their services. You should contact those Network Partners directly concerning their privacy and information sharing practices.
  3. Usurp Vendors: We may share your Information with vendors that perform certain services on our behalf (“Usurp Vendors”) including, but not limited to, credit bureaus, marketing partners, or entities providing business analysis and/or website or product support.
  4. Other Situations: We may also disclose your information at our sole discretion:
  5. In response to, among others, a subpoena or similar investigative demand, a court order, a request for cooperation from a law enforcement agency, self-regulatory body, or other governmental agency; to establish or exercise our legal rights; to defend against legal claims; or as we reasonably believe is required by law. In such cases, we may raise or waive any legal objection or right available to us.
  6. When we believe disclosure is appropriate in order to prevent, investigate, prevent, or take action regarding actual or suspected illegal activity or other wrongdoing; to protect and defend the rights, property, or safety of Usurp Business, our users, our employees, or others; or to enforce our Site’s terms and condition or other agreements or policies.

iii. In connection with a substantial corporate transaction involving the Usurp Business, such as a sale of Usurp or any entity, brand or division thereof, a divestiture, merger, consolidation, asset sale, or bankruptcy.

  1. In connection with state and/or federal licensing requirements regarding the reporting of Information contained in the loan inquiries we receive from you. You authorize Usurp to obtain any and all required information from the Network Partners you were matched with in order for Usurp to comply with laws and regulations as well as with any requests from state or federal regulators. This information could include, but is not necessarily limited to, the loan you selected and the terms of the loan you selected.
  2. We may share Non-Personally Identifiable Information with third parties in our discretion.

Unsubscribe

  1. Unsubscribe: At any time, you may modify your preferences through you may email [email protected] to unsubscribe. There may be an unsubscribe link at the bottom of emails sent from Usurp.
  2. Advertising on third party sites: We may use third-party tracking technology. This technology allows targeted advertisements to you from Usurp Business. Some of these advertising companies may be networks that are members of the Network Advertising Initiative which offers a single location to opt out of ad targeting from member companies. That opt-out is available at http://optout.networkadvertising.org/#!/

Updating and Accessing Your Information. The appropriate method(s) for accessing your Information, if any, will depend on which Site or services you have used. Depending on the respective Site or service, you may be able to view or edit some of your Information online. If you have submitted a loan request with a Usurp Business, you can update your personal information by contacting our Customers Department at [email protected] Our address is 288 N St. SW, Washington, DC 20024.

How We Protect Your Information

  1. We take what we believe are industry standard security measures to help safeguard your Information from unauthorized access and disclosure. We also require employees to comply with information security and confidentiality safeguards.
  2. No system can be completely secure. Therefore, although we take steps to secure your Information, we cannot guarantee that your Information, searches, or other communication will always remain secure.

Changes to this Privacy Policy

Usurp has the discretion to update this privacy policy at any time, as reflected by the revision date.  We encourage you to check this page for any changes to stay informed about how we are helping to protect the Information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Visiting our Websites From Outside the United States

The Site is governed by the laws of the United States, and is intended for residents of the United States only. We make no representation that the Site is governed by or operated in accordance with the laws of other countries.

Compliance with Children’s Online Privacy Protection Rule

We do not knowingly collect, use, or disclose personally identifiable information from anyone under 13 years old. If we determine upon collection that a user is under this age, we will not use or maintain his/her PII. If we become aware that we have unknowingly collected PII from a child under the age of 13, we will make reasonable efforts to delete such information.

How to Contact Us

If you have any questions about this privacy policy, the practices of any Usurp Business, or your dealings with a Usurp Business, please contact us at: General Counsel’s Office, Usurp Power, 288 N St. SW, Washington, DC 20024, or at [email protected]

TERMS OF USE AGREEMENT

Last Updated: April 17, 2018

Terms of Use Agreement for All Services and the Websites

Usurp Corp. and/or Usurp Power (collectively, “Usurp”) requires that you carefully read, understand and agree to the following Terms and Conditions contained in this Terms of Use Agreement (“Agreement”). By accessing, browsing or using this website, and the websites of the below listed companies, divisions or service groups, or any page thereof, through any direct or indirect means (individually or collectively, “Websites” or “Website”), or by using the goods, facilities or services offered in or through the Websites through alternative methods (including, for example, telephone, mail, text, email or facsimile), you accept and agree to be bound by these Terms of Use (the terms “Website” and “Websites” include use through these alternative methods).

THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE ALL CLAIMS AND CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (please see sections 8 and 15). These provisions form an essential basis of our bargain.

If you do not agree to these terms and conditions, you are not authorized to access or use the Websites and you are to cease accessing or otherwise using the Websites.

For purposes of this Agreement, “You” or “Your” means the person(s) using the Websites, and/or the goods, facilities or services of Usurp and its companies offered through alternative methods, including persons that allow others to provide information about themselves to Usurp, the banks, lenders, financial institutions, providers, real estate companies, and brokers on Usurp’s network (“Lenders”), Providers (as defined below), partners (as defined below), and other entities as may be necessary to Usurp business.

THE DISCLOSURES AND CONSENT REQUIRED UNDER CERTAIN STATE LAWS ARE DEEMED TO BE PROVIDED, RECEIVED AND AGREED TO BY USE OF THE WEBSITES.

Usurp operates the Websites and shall have the right at any time to change or discontinue any aspect or feature of the Websites and the right to modify the terms and conditions applicable to users of the Websites, including these Terms of Use, or any part hereof. Those changes, modification, additions or deletions shall be effective immediately upon posting on the Websites. Any use by you of the Websites or the good, facilities, or services offered in or through the Websites shall be deemed to constitute acceptance of such changes. By accessing this Site you agree to be bound by these Terms of Use. The Site is intended for individuals who are at least 18 years of age and reside in the United State and the District of Columbia. If you are under 18 years of age or reside outside of the United States or the District of Columbia, you should not be visiting this Site or utilizing Usurp’s services.

Consumer Information Security Policy

Usurp’s Consumer Information Security Policy and/or other privacy policies, hereby incorporated by reference into this Agreement, explains the policy applicable to the information that is collected through the Websites, received directly from you or transmitted to or from third parties.

Usurp’s Services

Usurp is an online and/or local loan marketplace service that enables consumers to comparison shop for various products including PACE.  Usurp DOES NOT take formal PACE loan applications, which are typically provided with Lenders or Program Administrators.  Usurp DOES NOT make loans or credit decisions in connection with loans, nor does Usurp issue commitments or lock-in agreements. Usurp’s services are only administrative. Any loan inquiry you submit is NOT an application for credit. Rather, it is an inquiry to be matched with Lenders to receive condition loan offers from Lenders. You will have to complete a formal application with the Lender you choose before they will extend an unconditional offer. A Lender you select may require you to pay an application or other fee to cover the costs of an appraisal, credit report or other items. The Lender, not Usurp, will determine the amount of any such fee and should provide information to you regarding the refundability of any such fee. Usurp does not endorse or recommend the products of any particular Lender. Except as otherwise provided for your state, Usurp is not an acting as your agent or as the agent of any Lender. You should rely on your own judgment in deciding which available loan product, terms and Lender best suits your needs and financial situation. The Lender is solely responsible for its services to you, and you agree that Usurp shall not be liable for any damages or costs arising out of or in any way connected with your use of its Services. You understand that Lenders may keep your loan request information and any other information provided by Usurp or received by them in the processing of your loan request, whether or not you are qualified for a loan with them or if you make a loan with them. You agree to notify any particular Lender directly if you no longer want to receive communications from them.

The Websites and the Services provided by Usurp are available in connection with mortgage loans made on real property located in the fifty states and the District of Columbia unless otherwise specified. Loans may only be made to residents of, or secured by real property located in, states where Lenders are licensed or authorized to make such loans. Lenders are not attempting to make loans outside of their authorized states or country by participating in and offering their products on the Websites. Usurp Lenders expressly reserve the right to discontinue, suspend or terminate the offering of any loan product in any specific state through the Websites at any time, without prior notice.

“Pre-approval,” “pre-qualification,” and other such terms are descriptive and non-binding.  Usurp does not guarantee acceptance into any particular loan program or specific loan terms or conditions with any Lender.  Loan approval standards are established and maintained solely by individual Lenders. Usurp does not guarantee that the loan terms or rates offered and made available by Lenders are the best terms or lowest rates available in the market. A Lender’s offer may be subject to market conditions, approval and qualification. The rates and fees actually provided by Lenders may be higher or lower depending various factors that may include your complete credit profile, collateral/property considerations including but not limited to location, equity and value and income/asset consideration including, but not limited to loan to value and debt to income ratios. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for a loan commitment or interest rate lock-in agreement. Lenders may not offer all products as well as not offer products in all states. You might not be matched with the Lender making any specific offer.

Usurp’s Lenders may ask for your name, Social Security Number, address, telephone number, date of birth and other important information including, but not limited to information received from your credit file, that will allow us and them to properly identify you. It is possible that a Lender may perform a soft inquiry on your credit at the same time for the same or similar purposes, but the soft inquiry into your credit does not impact your credit score. Not all lenders will receive your Social Security Number and, for those that do, not all will perform the soft inquiry of credit. During the Lender application process, they may also ask to see your driver’s license or other identifying documentation to further properly identify you; in addition the Lender will be required to do a hard inquiry of your credit that will impact your credit score.

Usurp is paid a marketing match fee by Lenders. Lenders are not to directly charge you for any such marketing match generation fee. Depending on the Lender, the marketing match fee is paid by the Lender and may be included in your rate, points or loan terms. Usurp strongly encourages and requests such fees not be passed onto you, but Usurp does not have the authority to enforce the same. At closing you will be responsible for paying for any settlement or closing costs associated with your loan (such as loan processing, underwriting, or funding fees, title insurance premiums, notary fees, etc.).

When you complete an inquiry form online, by clicking on any button indicating an acceptance, acknowledgement or agreement to terms, a continuance of processing or submission (“submission”) you understand that you are consenting, acknowledging and agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry.

Usurp is not making a credit decision or determining products for you.  Lenders will require additional information prior to providing an actual offer. In these situations, the Lender(s) will contact you directly to discuss your loan request and to discuss the specific terms of your offer(s).

You are indicating that you are consenting, acknowledging and agreeing to receive important notices, disclosures and other communications (“Disclosures and Communications”) in electronic form (either by email or via the Internet) as provided for in the Consent for Electronic Disclosures and Communications From Usurp and its Network Lenders. You understand that you will need, and have access to an email address, Internet access and PDF software to review the Disclosures and Communications. In addition, you acknowledge that Usurp’s Lenders with whom you are matched, may access your credit file even if your Social Security Number is not provided (via a soft inquiry of credit) to perform its anti-money laundering due diligence and/or for other reasons in compliance with other federal regulations.  By submitting the loan inquiry online you are in effect providing your electronic signature.  Lenders with whom you are matched may contact you by telephone at the numbers you have provided so they may assist you with your transaction, and you hereby consent to any such calls even if your phone number is on any Do Not Call list, or by email at the email address you provided or at another address that may be associated with you that we receive from Lenders or other parties and you hereby consent to any such email so it will not be considered spam or unauthorized by any local, state or federal law or regulation. In addition, you are providing express written consent that Usurp, a Lender with whom you have been matched or an associated third party (Partner) may use an automatic dialing system or by pre-recorded message in connection with calls made to any telephone number you entered, even if it is a cellular phone number or other service for which the called person(s) could be charged for such call.

By saving your information with Usurp or by completing a loan inquiry you give Usurp permission to retain all information you submitted for the prescribed State Specific Record Retention period and to make live, manually dialed, automatic dialed or pre-recorded calls, emails, direct mailing or other communication to discuss, provide or remind you of any information in relationship to your submission, including incomplete loan inquiry, the delivery of loan request matches, deadlines, quality of services or other matters in connection with your loan inquiry. For any service, you represent that all of the information you have provided in your submission and loan inquiry is true, accurate and complete to the best of your knowledge.

You have the right to receive any document in non-electronic form and to withdraw your consent to electronic delivery at any time by contacting Usurp at [email protected]

When you “submit” information, create an account or otherwise register for services through Usurp and its Companies’ website or otherwise, you hereby understand and agree that you have established a business relationship between you and Usurp, which is the owner of this site. Accordingly, Usurp and/or its Companies may send your information to its affiliates, Lenders/Partners as provided in the Privacy Policy. In addition, you agree that Usurp may contact you using information you provided with information and offers of services available through Usurp and the Websites. You hereby provide express written consent to any such communication or phone calls even if your phone number is on any Do Not Call list, federal, state or corporate. You also agree that calls may be placed live, by automatic dialing, and/or by pre-recorded message. Charges may apply to a mobile phone if that is the number you provided. Communications may also be by email, direct mail, and/or text message. If at any time you do not wish to continue to receive communications from Usurp or its Companies’ or its affiliates’ communications, you may modify your preferences emailing [email protected] In addition, you agree to notify Usurp at [email protected] if you no longer want to receive other forms of communications from us.

Usurp’s service uses information from third-party services to perform some operations and calculations, including but not limited to, use of title review reports, environmental review reports, and other privately or publicly available sources.  Values or statistical calculations are provided on an “as is, as available” basis with all faults and defects, and neither Usurp nor its third party data providers make any warranties, express or implied, including without limitation, those of merchantability and fitness for a particular purpose. Further, neither Usurp nor its third party data providers are responsible for errors, omissions, miscalculations, or misrepresentations of value due to use of those sources.

Copyright, Trademark, and Service Mark Notices

All contents of the Websites are: Copyright © 2018 Usurp Corp. All rights reserved. Other product and company names mentioned herein, including the names of Lenders, may be the trademarks of their respective owners.

Nothing on the Websites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any service mark or trademark (individually and collectively, “Mark” or “Marks”) displayed on the Websites, without the prior written permission of Usurp or the applicable Mark holder specific for each such use. The Marks may not be used to disparage Usurp, the Lenders, the applicable third party or the products or services of such parties, nor shall they be used in any manner that may damage any goodwill in the Marks. Use of any Mark as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by Usurp in writing.

The Websites contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Websites are copyrighted as a collective work under the United States copyright laws. Usurp owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express written permission of Usurp and the copyright owner. Elements of the Websites are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.

Disclaimers and Liability

Usurp intends that the information contained in the Websites be accurate and reliable; however, errors sometimes occur. The information is provided as a service to the general public over the age of eighteen and is subject to change without prior notice. In addition, changes and improvements to the information provided herein and are provided “as-is” without warranty of any kind, implied, expressed or otherwise. Under no circumstances will Usurp be liable for any loss or damage caused by your reliance on information obtained through the Websites. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Websites.

THE WEBSITES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS”. USURP AND/OR ITS SUPPLIERS, LENDERS, PROVIDERS OR REAL ESTATE COMPANIES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITES AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THE WEBSITES AND/OR USURP’S SERVICES IS AT YOUR OWN RISK. USURP AND/OR ITS SUPPLIERS, LENDERS, PROVIDERS OR REAL ESTATE COMPANIES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR THE INABILITY TO USE THE WEBSITES AND/OR USURP’S SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITES, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED AT THE WEBSITES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO USURP RECORDS, PROGRAMS OR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF USURP AND/OR ITS SUPPLIERS, PROVIDERS OR REAL ESTATE COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Electronic Communications/Notices and Information Delivered Electronically

Usurp and its partners or affiliates may choose to electronically deliver all information related to its services and your requests. Usurp and its partners or affiliates real estate companies’ electronic communications to you may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional explanation, any notices required under applicable law, which may include any Federal Truth-in-Lending disclosures, State disclosures, other terms, conditions and documents, and the privacy policies of Usurp and its partners or affiliates.

You agree to receive all current and future notices, disclosures, communications and information, and to do business electronically with Usurp and its partners or affiliates. This means that Usurp and its partners or affiliates may communicate with you by sending a message to the email address you provided or at another address that may be associated with you that we receive from partners or affiliates or other parties. You agree that you meet the below technical requirements and are able to access and retain copies of notices and information sent or made available electronically.

You have the right to receive any document in non-electronic form and to withdraw your consent to electronic delivery at any time by emailing [email protected]

Privacy Policy

The Privacy Policy or other such document, hereby incorporated by reference into this Agreement, explains the policy applicable to the information that is collected through the Websites or received directly from you.

Indemnity

As a condition of use of the Websites and/or Usurp’s services, you agree to indemnify Usurp and its partners or affiliates from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from your use of the Websites, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.

Limitation on Damages

In no event will Usurp have any liability to you in excess of actual compensatory damages. You irrevocably waive any claim to consequential, punitive or exemplary damages.

Links to Third Party Websites

The Websites may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. Usurp does not operate or control in any respect any information, software, products or services available on such websites. Usurp’s inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization. When you leave the Websites please note that Usurp is not responsible for the accuracy or content of the information provided by that website, nor is it liable for any direct or indirect technical or system issues arising out of your access to or use of third party technologies or programs available through that website.

Errors and Delays

Usurp is not responsible for any errors or delays in responding to a request or referral form caused by, including but not limited to, an incorrect email address provided by you or other technical problems beyond our reasonable control.

Dispute Resolution

Any claim or controversy arising out of or relating to the use of the Websites, to the goods or services provided by Usurp, or to any acts or omissions for which you may contend Usurp is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”) dated September 15, 2005. The arbitration shall be venued in consumer location reasonably convenient to the consumer. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the parties shall agree on an arbitrator mutually agreeable to both parties. Should the AAA decline to accept a matter submitted for individual (non-class) arbitration under these Terms of Use, the parties shall jointly select another arbitrator. In the event the parties are unable to agree on a neutral arbitrator, the claimant may file suit in any court of competent jurisdiction solely for the purpose of requesting the appointment of an arbitrator for individual (non-class) arbitration, as provided for in Section 5 of the Federal Arbitration Act. To begin the arbitration process, a party must make a written demand therefor.

Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND USURP WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, and the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using Usurp’s goods, facilities and services, you consent to these restrictions.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Usurp, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Montgomery County, Maryland. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys’ fees.

Other Terms

This Agreement (which hereby incorporates by reference any other provisions applicable to use of the Websites, including, but not limited to, any supplemental terms governing the use of certain specific material contained in the Websites and any operating rules for the Websites established by Usurp) constitutes the entire agreement between you and Usurp and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Usurp with respect to the Websites and information, software, products and services associated with it. This Agreement shall be subject to and construed in accordance with the laws of the State of Maryland, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

CONSENT AGREEMENT FOR ELECTRONIC DISCLOSURES AND COMMUNICATIONS FROM USURP
Please read this information carefully and print a copy and/or retain this information for future reference.
You are submitting a request to be matched by Usurp. Usurp will present you with competitive loan offers from lenders, brokers and/or investors. Usurp’s services are free to the consumer and are wholly completed online. Please see the “Terms of Use Agreement,” incorporated herein by reference, for additional information, definitions and terms. Usurp can only provide you the benefits of its services by conducting its business electronically. In order to do this, we need your consent to provide you with certain disclosures, notices and other communications (“Disclosures and Communications”) in connection with your loan inquiry (“Loan Inquiry”).
Disclosures and Communications will be provided to you (and on behalf of any individual designated by you) electronically. However, if you wish to obtain a paper copy of any legally required disclosure, you may write to Usurp, Disclosure Request, 288 N St. SW, Washington DC, 20024 the details of your request. Paper copies will be provided to you at no charge.
Your consent to receive Disclosures and Communications and to do business electronically, and our agreement to do so, applies to this Loan Inquiry with Usurp and its participating Network of Lenders.
Withdrawing Consent. Because Usurp will provide the Disclosures and Communications to you instantaneously, you will not be able to withdraw your consent to do business electronically with Usurp during the inquiry process. However, after your Loan Inquiry is submitted, you may withdraw your consent to do business electronically in connection with your Loan Inquiry with Usurp at no cost to you. If you choose to withdraw your consent in connection with your Loan Inquiry, you can receive future Disclosures and Communications in paper form, by U.S. mail at no charge to you by contacting [email protected] If you decide to withdraw your consent, the legal validity and enforceability of electronic Disclosures and Communications previously provided to you will not be affected.
Changes to Your Contact Information. You should keep us informed of any change in your email or U.S. postal mailing address. You may contact Usurp at [email protected]

PLEASE PRINT AND RETAIN A COPY OF THIS CONSENT AGREEMENT FOR YOUR RECORDS.

Terms