The Services are for general informational purposes. They are not a substitute for actual legal, investment or professional advice from a licensed competent individual in their field of expertise. The information and services offered on this Site are provided with the understanding that Own Up is not engaged in rendering legal or other professional services or advice. Your use of the Services is subject to the additional disclaimers and caveats that may appear throughout the Site.
Agreement to Terms
Changes to Terms or Services
We may modify the Terms at any time, at our sole discretion. If we do so, we'll let you know either by posting the modified Terms on the Site or through other communications. It's important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion. You can always find the current version of these Terms by checking https://www.ownup.com/terms-conditions/. You should do so frequently.
Who May Use the Services
These Terms of Service are a legally binding contract; in order to use our Service you must be legally capable of entering into this contract.
You may use the Service only if you are a natural person (i.e., not a business or other corporate entity) and can form a binding contract with Own Up. Any use or access to the Service by anyone under the age of majority in the State in which they reside is strictly prohibited and in violation of this Agreement. You must act in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. You are prohibited from using the Service if you have previously been removed from the Service by Own Up.
REGISTRATION AND YOUR INFORMATION
If you want to use certain features of the Services you'll have to create an account ("Account"). You can do this via the Site. It's important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don't, we might have to suspend or terminate your Account. You agree that you won't share your Account password with anyone and you'll notify us immediately of any unauthorized use of your Account. You're responsible for all activities that occur under your Account, whether or not you know about them.
Using the Services
Through the Services, Account holders may be provided the opportunity to submit personal or financial information (collectively, "User Information") and to pre-qualify for a loan or receive other financial product or service recommendations. Users may submit their User Information by using an online form or by uploading documentation. Account holders may also import User Information maintained by third parties and third-party services with whom they have an account or contractual relationship ("Third-Party Information").
When submitting User Information to pre-qualify for a loan or access other services on the Site, you agree to provide current, complete, and accurate information about yourself. Own Up is not responsible for the accuracy or legality of the User Information you submit, including any Third-Party Information you import. If any User Information you submit is untrue, inaccurate, not current or incomplete, Own Up has the right to terminate your Account or any loan qualification. Except as prohibited by law, Own Up reserves the right to decline your loan application for any reason. We may verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide your full address, your social security number and/or requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying information you provide against third party databases or through other sources. If you do not provide this information or Own Up cannot verify your identity, we can refuse to allow you to use the Services.
TERMS APPLICABLE TO ALL MORTGAGE LOAN INQUIRY SERVICES
Own Up is a loan qualification and online marketplace that enables consumers to receive offers for mortgage loan products, and is required to be licensed as a Mortgage Broker. Own Up DOES NOT take formal mortgage applications (commonly referred to as Form 1003). Own Up DOES NOT make loans or credit decisions in connection with loans, nor does Own Up issue commitments or lock-in agreements. Any loan inquiry you submit is NOT an application for credit. Rather, it is an inquiry to be matched with Lenders to receive 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 Own Up, will determine the amount of any such fee and should provide information to you regarding the refundability of any such fee. Own Up does not endorse or recommend the products of any particular Lender. Except as otherwise provided for your state, Own Up is not 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 Own Up 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 Own Up 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. In addition, the information you provide Own Up is required to be housed and securely maintained for State Licensing Record Retention requirements and cannot be removed, purged, or destroyed until the expiration of the individual state prescribed period. Lenders may also from time-to-time be required to share your completed Loan information with Own Up for record retention requirements, customer service, internal marketing and analytics purposes. You are providing express written consent for the retention of the same upon completion of an inquiry form for Own Up and the selected Lender to share this information for this purpose.
The Websites and the Services provided by Own Up are available in connection with mortgage loans made on real property located in states in which we are licensed. 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. Own Up 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.
The data and other information you may provide Own Up is not, and is not treated as, an application for a loan. Own Up 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. Likewise, Own Up 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. Own Up's Network of Lenders does not represent all potential Lenders in your area. You are free to select any Lenders to speak with to shop and compare your mortgage product, but you may also choose none and compare additional local Lenders who may in fact have better and/or lower products, rates, and terms. 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 on 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.
Own Up will perform a soft pull of credit regardless if you provide your social security number or not. In order to help the government fight identity theft, the funding of terrorism and money laundering activities, and to help attempt to verify your identity, Own Up and its Lenders may obtain, verify and record information that identifies each person who opens an account with us and them. Own Up and its 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.
Own Up is paid a fee by Lenders for the goods, facilities and services provided. Lenders are not to directly charge you for any such fee. If you do in fact close a loan with an Own Up marketplace Lender, or any other Lender you choose, 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.).
Own Up does not charge you a fee for its services.
When you complete an inquiry 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 as to a lending product through the Own Up Marketplace which will match you with participating lenders. If you do not receive any offers, Own Up will continue to try to find you matches for similar mortgage products for which you sought as well as alternative products.
By saving your information with Own Up or by completing a loan inquiry you give Own Up 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.
TERMS APPLICABLE TO ALL INSURANCE SERVICES
TERMS APPLICABLE TO REAL ESTATE BROKERAGE TRANSACTIONS
Own Up Real Estate Services LLC allows you to be connected with a licensed real estate agent in your area. You agree that we may provide your information to a real estate brokerage so they may connect you with a licensed real estate agent.
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 Own Up Customer Service at 844-947-2848 or by emailing firstname.lastname@example.org.
Credit Report Terms of Service
USE OF CREDIT PROFILE FOR PRE-QUALIFICATION AND IDENTITY VERIFICATION
By requesting to receive loan offers from our lender partners, you are certifying that you understand the services being requested are regulated by the Fair Credit Reporting Act and that permissible purpose is required. Any special procedures established by Own Up for obtaining your authorization to receive information from your personal credit profile from Experian and TransUnion have been met. Furthermore, you certify that you have initiated a transaction with Own Up, and that the services being requested will be used solely to pre-qualify you and to confirm your identity to avoid fraudulent transactions in your name.
CONSUMER CREDIT INQUIRIES
We may request consumer reports on you in connection with your pre-qualification for credit and subsequently by our lender partners in connection with any extension of credit, update, renewal, review or collection of your account or any other lawful purpose. You are allowed to receive one free credit report under the Fair Credit Reporting Act from each of the three U.S. national credit reporting agencies (Experian, Equifax, and TransUnion) during any twelve-month period. You may also be able to receive free credit reports as permitted by state law (you may contact your state or local consumer protection agency or state attorney general to learn more about your rights under state law). For information on obtaining a free credit report from Experian, Equifax or TransUnion you may contact them directly at www.experian.com, www.equifax.com, and www.transunion.com.
If you choose to import Third-Party Information, you will be directly connected to the third-party website that maintains such Third-Party Information ("Third-Party Website"). Own Up will submit information, including usernames and passwords, that you provide to log into the Third-Party Website (such information comprising a "Third-Party Login"). You hereby authorize and permit Own Up to use and store Third-Party Logins submitted by you to accomplish the foregoing. For purposes of these Terms and solely to import Third-Party Information from the Third-Party Website pursuant to your request, you grant Own Up a limited power of attorney, and appoint Own Up as your attorney-in-fact and agent, to access the Third-Party Website, retrieve the Third-Party Information and use the Third-Party Information with the full power and authority to do and perform each thing necessary in connection with such activities, as you would do yourself. YOU ACKNOWLEDGE AND AGREE THAT WHEN OWN UP IS ACCESSING AND RETRIEVING THIRD-PARTY INFORMATION FROM ANY THIRD-PARTY WEBSITE, OWN UP IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT MAINTAINS THE WEBSITE. Your access to the Third-Party Information is governed solely by the agreement between you and the operator of the Third-Party Website. If you choose to import Third-Party Information, you are responsible for ensuring that such action complies with the applicable Terms and Conditions between you and the Third-Party Website. Own Up cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Own Up cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery, or failure to store any user data, communications or personalization settings.
Content and Content Rights
For purposes of these Terms: (i) "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) "User Content" means any Content that you provide to be made available through the Services, including User Information and any Third-Party Logins that you provide. Content includes without limitation User Content.
Content Ownership and Responsibility
Own Up does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Own Up and its licensors exclusively own all rights, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in User Content Granted by You
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that your User Content is accurate to the best of your knowledge. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Own Up on or through the Services will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Rights in Content Granted by Own Up
Subject to your compliance with these Terms, Own Up grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act (the "Notification"), to:
101 Arch St, Suite 410
Boston, MA 02110
All of the content included in this Site is subject to the copyright laws of the United States and other applicable jurisdictions and Own Up or its suppliers owns all the copyright rights associated with this content. All rights reserved. Pursuant to Title 17, United States Code, Section 512(c)(2), notification of claimed copyright infringement should be sent to the Designated Agent listed above. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE. ALL OTHER INQUIRIES NOT COPYRIGHT RELATED, SUCH AS REQUESTS FOR PRODUCT INFORMATION, EMPLOYMENT, ETC. MUST BE SENT TO THE FOLLOWING CONTACT email@example.com.
See Notice for Claims of Copyright Infringement Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Own Up to locate the material.
- Information reasonably sufficient to permit Own Up to contact the complaining party, such as an address, telephone number, and, if available, an email address.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
Your Consent to Telephone Calls, Recording of Telephone Calls and SMS Messages
- By using our Service you agree to receive calls and SMS messages from us and our Providers, including telemarketing calls, auto-dialed calls and texts and pre-recorded voice messages; you have the option to opt-out (but if you opt-out you may miss out on products, services, promotions, etc.).
- Your mobile service provider may charge you for calls/messaging according to your plan and Own Up and/or Providers are not responsible for those charges.
- You agree to keep your contact information up-to-date, including your telephone number(s).
- The calls you make to us and the calls we make to you may be monitored and/or recorded.
- Your contact information will be shared with Providers (e.g., when you choose a loan product with a specific lender partner, they will need to contact you to complete the transaction you commenced).
Consent to receive telephone calls, SMS messages, and other messages. You acknowledge that by voluntarily providing your telephone number(s) to Own Up, you authorize us and our Providers (which includes our and our Provider's agents and representatives) to contact you using automatic telephone dialing systems, artificial or pre-recorded voice message systems, and automated text messaging systems in order to provide you with information regarding your Account, promotional offers, any transaction with us and with our Providers, and/or your relationship with Own Up. You agree to receive such calls and text messages even if you cancel your account or terminate your relationship with us or our Providers, except if you opt out, as provided below. You expressly authorize us and our Providers to make such contacts using any telephone numbers (including wireless, landline, and VOIP numbers) you have supplied or will supply to us or our Providers in connection with your Account or any other phone numbers we can reasonably associate with your Account through lawful means, such as skip tracing, caller ID capture, or other means. You understand that anyone with access to your telephone may listen to or read the messages we leave or send you. You agree that we will have no liability in connection with third parties accessing your telephone. Consent to receive promotional automated marketing calls/texts is not a condition of purchasing any goods or services or obtaining a loan. Calls or text messages to you may be made by or on behalf of Own Up or our Providers even if your telephone number is registered on any state or federal Do Not Call list.
Sharing your phone number with Providers. You understand and agree that we may share your telephone number with Providers and/or their respective agents who may require further information prior to providing a response to your submission of information through the Service or to contact you regarding a product or service. You hereby authorize Providers to contact you directly and to contact Own Up.
The phone numbers you provide. You represent and warrant that you are the owner and/or primary user of any phone number you provide to us. Should any of your telephone numbers change, you agree to notify us before the change goes into effect by email and/or updating your account profile. You agree to indemnify, defend, and hold us and our Providers harmless from and against any and all claims, losses, liability, costs, and expenses (including reasonable attorneys' fees) arising from failure to update your contact information (including your telephone number), your voluntary provision of a telephone number that is not your own, and/or your violation of any federal, state, or local law, regulation, or ordinance.
Charges from your telephone provider. You understand that your cellular or mobile telephone provider may charge you fees for calls that we or our Providers make or texts that we or our Providers send to you according to the type of plan you carry, and you agree that we will have no responsibility or liability whatsoever for such fees.
Opt-Out. At any time, you may withdraw your consent to receive (1) automated telephone calls; (2) automated SMS messages, and/or (3) telemarketing calls. You must (i) provide us with written notice revoking your consent; (ii) in that written notice, you must include your full name, mailing address, email address used to contact you, and the specific phone number(s) for which you are revoking consent; and (iii) send this written notice to Own Up 101 Arch St., Ste 410, Boston, MA 02110 (Attn: Opt-Out). Alternatively, to stop marketing text messages, simply reply "STOP" to any marketing text message that we send you. You acknowledge and agree to accept a final text message confirming your opt-out. Opting out may prevent you from receiving messages regarding products, services, updates, improvements, or special promotions. Please allow up to thirty (30) days to process any opt-out request. To stop receiving automated telephone calls, automated SMS messages and/or telemarketing calls from our Providers, you must follow their procedures on their respective websites.
Please note that if you opt out of automated calls, we and our Providers reserve the right to make non-automated calls to you relating to your account, any transaction, or your relationship with us. Your obligations under this Section shall survive termination of these Terms of Service. If you have any questions about opting out, please contact us via email at firstname.lastname@example.org or by calling Customer Success at (844) 947-2848.
Call Recording and Monitoring. Calls to and from Own Up and its Providers (or third parties acting on behalf of Own Up or its Providers) may be recorded or monitored for quality assurance, customer service, training and/or risk management purposes. You agree to such monitoring and recording unless you expressly inform the agent at the outset of the conversation that you do not want the call to be monitored or recorded.
Your Consent to Electronic Communications
Electronic Communications Delivery Policy (E-SIGN Policy). Since we are an Internet-based company, in order to use our Service you must agree to receive all important information from us and our Providers electronically (by us posting it on our Site or us or our Providers sending you an e-mail), instead of receiving paper copies in the mail.
The information in this section lets you know what technology you need to be able to view, save and/or print the Communications we send you, and that by using the Service you are agreeing that you have these technological capabilities. This section also lets you know that you must keep your contact information up-to-date.
You also have the right to opt-out of receiving Communications from us and our Providers electronically, but if you do you may not be able to use our Service.
Electronic Delivery of Communications. You agree and consent to receive electronically all non-telephonic communications, agreements, documents, notices, and disclosures (collectively, "Communications") that we or our Providers provide in connection with your use of the Service. Communications include, but are not limited to:
- Federal and State tax statements we or our Providers are required to make available to you, if applicable; and
- Loan Product or other Product-related Disclosures such as Application Disclosures.
We will provide these Communications to you by posting them on the www.ownup.com website and/or by emailing them to you at the email address listed in your Own Up profile.
Hardware and Software Requirements. In order to access and retain electronic Communications, you will need the following computer hardware and software:
- a computer with an Internet connection;
- a current web browser that includes 128-bit encryption (e.g. Microsoft Edge 87 or newer, Safari 13.1 or newer, Firefox v. 84 or newer, Chrome V. 86 or newer) with cookies enabled;
- Adobe Acrobat Reader 11 or newer to open documents in .pdf format;
- a valid email address (your primary email address on file with Own Up); and
- sufficient storage space to save past Communications or an installed printer to print them.
By using the Service you are giving your consent to, and you are confirming that you have access to the necessary equipment and are able to receive, open, and print or download a copy of any Communications for your records. You may print or save a copy of these Communications for your records as they may not be accessible online at a later date.
Additional Mobile Technology Requirements. If you are accessing the Service and the Communications electronically via a mobile device (such as a smartphone, tablet, and the like), in addition to the above requirements you must make sure that you have software on your mobile device that allows you to print and save the Communications presented to you. These applications can be found for most mobile devices in the device's respective "app store". If you do not have these capabilities on your mobile device, please access the Service through a device that provides these capabilities.
How to Withdraw Your Consent. You may withdraw your consent to receive Communications electronically by writing to us at Own Up 101 Arch St., Ste 410, Boston, MA 02110 (Attn: Electronic Communications Delivery Policy), or by contacting us via the "Contact Us" link at the bottom of the www.ownup.com website. If you fail to provide your consent or if you withdraw your consent to receive Communications electronically, Own Up and its Providers reserve the right, within our or their discretion and at our or their election, to either deny your use of the Service or restrict, close or deactivate your Account, or charge you additional fees for paper copies.
If, after you consent to receive Communications electronically, you would like a paper copy of a Communication we previously sent you, you may request a copy within 180 days of the date we provided the Communication to you by contacting us as described above. We will send your paper copy to you by U.S. mail. In order for us to send you paper copies, you must have a current street address on file as your physical address in your Own Up profile. If you request paper copies, you understand and agree that Own Up may charge you a Records Request Fee of up to $5 for each Communication.
Updating your contact information. It is your responsibility to keep your email address up to date so that Own Up can communicate with you electronically. You understand and agree that if Own Up sends you an electronic 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, Own Up will be deemed to have provided the Communication to you.
Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add Own Up to your email address book so that you will be able to receive the Communications we send to you.
You can update your email address or street address at any time by calling us. If your email address becomes invalid such that electronic Communications sent to you by Own Up are returned, Own Up may deem your Account to be inactive, and you will not be able to transact any activity using your Account until we receive a valid, working email address from you.
GENERAL PROHIBITIONS AND OWN UP'S ENFORCEMENT RIGHTS
You agree not to do any of the following:
- upload, submit, import, or transmit any User Content that: (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates any applicable law or regulation or would give rise to civil liability; or (iii) is fraudulent, false, misleading or deceptive;
- use, display, mirror or frame (i) the Services or any individual element within the Services; (ii) Own Up’s name, any Own Up trademark, logo or other proprietary information; or (iii) the layout and design of any page or form contained on a page, without Own Up’s express written consent;
- access, tamper with, or use non-public areas of the Services, Own Up’s computer systems or the technical delivery systems of Own Up’s providers;
- attempt to probe, scan, or test the vulnerability of any Own Up system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Own Up or any of Own Up’s providers or any other third party (including another user) to protect the Services or Content;
- attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by Own Up or other generally available third-party web browsers;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services or Content;
- interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- violate any applicable law or regulation; or
- encourage or enable any other individual to do any of the foregoing.
Although we're not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, including User Content, and the Services, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any of your actions or any User Content to be in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Links to Third-Party Websites or Resources
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at email@example.com. Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions will survive: “Content and Content Rights,” “Content Ownership and Responsibility,” “Termination,” “Warranty Disclaimers,” “Indemnity,” “Limitation of Liability,” “Dispute Resolution”, and “General Terms.”
No Recommendations or Professional Advice
We are not providing you any advice or recommendations about any specific product or service.
Instead, what we do is try to provide you as much information about the products or services based on the information you provide us or authorize us to go out and get (e.g., your answers to questions, a soft credit pull, preferences you have identified, etc.) so that you can compare your options side-by-side to make the right choices for yourself.
We encourage you to seek advice from a financial professional or other professional who may have more information about your specific financial needs and circumstances.
Nothing provided on the Site or through the Service should be construed or interpreted as professional advice or recommendations (i.e., we are not providing any financial, tax, or legal recommendations or advice or other professional advice). We are not liable to you for any advice provided to you by Providers or other third parties you may link to from our Site. We encourage you to consult a financial service provider, tax or legal professional to help you make any decisions associated with the use of the Service or the products and services provided by Providers.
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
You will indemnify and hold harmless Own Up and its officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services, (ii) your User Content, or (iii) your violation of these Terms.
Limitation of Liability
NEITHER OWN UP NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OWN UP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL OWN UP'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO OWN UP FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO OWN UP, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN OWN UP AND YOU.
These Terms and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions.
AGREEMENT TO ARBITRATE
You and Own Up agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Own Up with written notice of your desire to do so by email or regular mail at 101 Arch St, Suite 410, Boston, MA 02110 within thirty (30) days following the date you first accept these Terms (such notice, an “Arbitration Opt-out Notice”). If you don't provide Own Up with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Own Up with an Arbitration Opt-out Notice, any Dispute will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Own Up with an Arbitration Opt-out Notice, you acknowledge and agree that you and Own Up are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Own Up otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at https://www.adr.org/active-rulesor by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The AAA provides a general Demand for Arbitration and a separate Demand for Arbitration for California residents. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA's roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
ARBITRATION LOCATION AND PROCEDURE
Unless you and Own Up otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Own Up submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Own Up will not seek, and hereby waives all rights it may have under applicable law to recover attorneys' fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $25,000, Own Up will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of the “Changes to Terms or Services” section above, if Own Up changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to firstname.lastname@example.org 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Own Up's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Own Up in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms constitute the entire and exclusive understanding and agreement between Own Up and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Own Up and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Dispute Resolution” section above or by a court of competent jurisdiction, if you opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Own Up's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Own Up may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Own Up under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Own Up's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Own Up. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services, please contact Own Up at: