Terms of Use

Effective Date: Nov 30, 2024

Welcome to www.my-mortgage-rates.com (the "Website"), owned and operated by Zeitro, Inc. ("Zeitro", "we", "us", or "our"). These Terms of Use ("Terms") govern your access to and use of our Website and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms or our Privacy Policy, please do not use our Services.

Please read these Terms carefully.

1. Acceptance of Terms and Consent to Privacy Policy

By accessing or using our Services, you confirm that you have read, understand, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. By using our Services, you also consent to the collection, use, and disclosure of information as described in our Privacy Policy. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Changes to Terms

We reserve the right to modify or update these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on the Website. If we make material changes to these Terms, we will notify you by email (if you have provided it) or by posting a notice on our Website prior to the effective date of the changes. Your continued use of the Services after the posting of any changes constitutes your acceptance of those changes. We encourage you to review these Terms periodically.

3. Eligibility

Our Services are intended for individuals who are at least 18 years old. By using our Services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms. The Services are intended for users located in the United States and are not directed to individuals outside the United States.

4. Description of Services

Zeitro provides an online platform where borrowers ("Users") can input certain non-personally identifiable information to find and compare mortgage rates offered by loan officers ("Loan Officers"). If Users choose to contact a Loan Officer, they may be required to provide personal contact information to facilitate communication.

Our Services include:

• Rate Comparison Tool: Allows Users to input information such as zip code, loan amount, income, debt, and estimated credit score to receive mortgage rate comparisons.
• Loan Officer Marketplace: Enables Users to find and connect with Loan Officers.
• Lead Generation: When Users choose to contact a Loan Officer, their information is shared with that Loan Officer.

Note: Loan Officers are subject to separate terms and conditions available through their SaaS portal, which governs their use of our platform.

We do not provide mortgage loans or make credit decisions in connection with loans, nor do we issue commitments or lock-in agreements. We are not an agent of either any User or any Loan Officer.

5. User Accounts

You may be required to create an account to access certain features of our Services. When creating an account, you agree to:

• Provide accurate, current, and complete information.
• Maintain and promptly update your account information.
• Keep your login credentials secure and confidential.
• Notify us immediately of any unauthorized use of your account.

You are responsible for all activities that occur under your account. We reserve the right to suspend or terminate your account if you violate these Terms.

6. User-Generated Content

6.1 Content Submission

Our Services may allow you to submit, post, or upload content, including but not limited to reviews, comments, messages, and other materials (collectively, "User-Generated Content" or "UGC"). By submitting UGC, you grant Zeitro a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, display, and create derivative works from your UGC in any media.

6.2 Content Moderation

You agree that your UGC will not:

• Violate any applicable laws or regulations.
• Infringe upon the intellectual property rights or other rights of any third party.
• Contain defamatory, libelous, abusive, harassing, or threatening material.
• Include any obscene, indecent, pornographic, or otherwise objectionable content.
• Contain viruses, malware, or other harmful code.

We reserve the right to remove or modify any UGC that violates these Terms or is otherwise objectionable at our sole discretion.

7. User Conduct

By using our Services, you agree not to:

• Violate any applicable laws or regulations.
• Provide false, misleading, or inaccurate information.
• Impersonate any person or entity or misrepresent your affiliation.
• Engage in any fraudulent or deceptive practices.
• Use the Services for any unlawful or unauthorized purpose.
• Interfere with or disrupt the operation of the Services or servers.
• Upload or transmit any viruses, malware, or harmful code.
• Attempt to gain unauthorized access to any portion of the Services.
• Scrape, crawl, or use any automated means to extract data from Scrape, crawl, or use any automated means to extract data from the Services without our express permission.
• Reverse engineer, decompile, or disassemble any aspect of the Services.
• Use the Services for any commercial purpose without our prior written consent.

8. Intellectual Property Rights

8.1 Ownership

All content, features, and functionality on the Services—including text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the compilation thereof (collectively, the "Content")—are the property of Zeitro or its licensors and are protected by United States and international intellectual property laws.

Our trademarks, service marks, and trade dress include, but are not limited to, Zeitro, My-Mortgage-Rates.com, our logos, and the proprietary pricing engine ("Proprietary Marks"). You are not permitted to use the Proprietary Marks without our prior written consent.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services and Content for your personal, non-commercial use, strictly in accordance with these Terms.

8.3 Restrictions

You agree not to:

• Modify, copy, reproduce, or create derivative works from any Content.
• Use any data mining, robots, or similar data gathering and extraction tools.
• Use the Services or Content for commercial purposes without our prior written consent.
• Remove or alter any copyright, trademark, or other proprietary notices.

9. Consent to Communications and Data Practices

9.1 Communications

By providing your contact information and using our Services, you consent to receive communications from us, including emails, texts, and phone calls. These communications may include service announcements, administrative messages, and marketing materials. You may opt out of receiving marketing communications by following the unsubscribe instructions included in such communications or by contacting us directly.

9.2 Data Practices

By using our Services, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy. This includes our use of cookies and similar technologies as detailed in the Privacy Policy.

10. Modifications to Services

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Services.

11. Termination

We reserve the right, without notice and at our sole discretion, to terminate or suspend your access to the Services if you violate these Terms or engage in any prohibited activities. Upon termination, all provisions of these Terms which by their nature should survive termination shall remain in effect.

12. Disclaimer of Warranties

THE SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ZEITRO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• THE SERVICES WILL MEET YOUR REQUIREMENTS.
• THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
• ANY INFORMATION OBTAINED THROUGH THE SERVICES WILL BE ACCURATE OR RELIABLE.
• ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ZEITRO, ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES.
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES.
• ANY CONTENT OBTAINED FROM THE SERVICES.
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL ZEITRO'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU TO US, IF ANY, OR (B) ONE HUNDRED DOLLARS ($100).

14. Indemnification

You agree to indemnify, defend, and hold harmless Zeitro, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms.
• Your use of the Services.
• Your violation of any rights of another person or entity.
• Your User-Generated Content.

15. Third-Party Links and Services

Our Services may contain links to third-party websites or services that are not owned or controlled by Zeitro. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Zeitro shall not be responsible or liable for any damage or loss caused by or in connection with your use of any third-party content or services.

16. Governing Law and Dispute Resolution

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

16.1 Arbitration Agreement

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Santa Clara County, California before a single arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures.

16.2 Waiver of Class Actions

You agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action. You expressly waive your right to file a class action or seek relief on a class basis.

17. Compliance with Industry Regulations

Our Services are subject to various federal and state laws and regulations designed to protect consumers and ensure fair lending practices. We are committed to compliance with all applicable laws, including but not limited to:

By using our Services, you agree to comply with all applicable laws and regulations.

18. Miscellaneous

• Entire Agreement: These Terms constitute the entire agreement between you and Zeitro regarding the Services and supersede any prior agreements.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
• Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.
• Force Majeure: We shall not be liable for any failure to perform our obligations hereunder due to unforeseen circumstances or causes beyond our control.
• Electronic Communications: By using our Services, you consent to receive electronic communications from us. These communications may include notices about your account and information concerning or related to the Services.
• Survival: All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

19. Contact Information

If you have any questions about these Terms or our Services, please contact us at:

Zeitro, Inc.
2445 Augustine Dr
Santa Clara, CA 95054
Contact@zeitro.com