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Rev. 01/2022

The words “we,” “us,” “our,” “Zippy” and “the Company” refer to each entity (individually) and all entities (collectively) in this list:  Zippy, Inc.; Zippy Loans, LLC; Zippy Loan Servicing, LLC; Zippy Insurance Services, LLC; Zippy Homes, LLC; Zippy Settlement Services, LLC; Zippy Management, LLC; Zippy Technology, LLC; and other subsidiaries and affiliates of Zippy, Inc. identified as the party providing products or services to you. “You” refers to any user and all users of our services when they visit, access, or use a website or mobile application that we own, administer, or sponsor in connection with our services (a “Site”).

These Terms of Use govern your use of this Site. Please read these terms and conditions carefully before using this Site. By accessing or using this Site, you agree to be bound by these Terms of Use. If you do not agree to all of the terms, please immediately discontinue accessing this Site. If any provision contained in these Terms of Use conflicts with a provision contained in another agreement that you enter into with Zippy regarding the products and services offered on this Site, the provision of the other agreement shall govern with respect to that specific aspect of the Site, product, or services.

Site Content and Use

This Site is owned and operated by Zippy and may provide general information about our products and services. Your eligibility for particular products and services is subject to our final determination, restrictions, and acceptance. We may discontinue or make changes to the information, products, licenses, or services described on this Site at any time. Any dated information is published as of its publication date only. We do not undertake any obligation or responsibility to update or amend any such information. We reserve the right to terminate any or all offerings without prior notice. By offering information, products, or services via this Site, no solicitation is made by us to any person to use such information, products, or services in jurisdictions where the provision of information, products, or services is prohibited by law.

This Site may contain links to third-party sites, such as social media sites, which we do not own or control, but which are being provided for your convenience. If you select a link to visit or use a third-party site, you do so at your own risk and subject to the terms and conditions established by the operator of that website. The fact that we provide a link to a site does not necessarily mean we endorse, authorize, or sponsor that third-party site, or that we are affiliated with the owners or sponsors of the third-party site. We reserve the right to terminate a link to a third-party site at any time.

Although we try to provide accurate and timely information on this Site, there may be inadvertent, technical, or factual inaccuracies and typographical errors. For these reasons, we cannot warrant the accuracy, completeness, or timeliness of the information, text, graphics, links, or other items on this Site.

This Site’s content, including but not limited to all music, images, icons, text, software, logos, expressions, ideas, and other information (collectively, the “Platform Content”) is copyrighted and protected by U.S. and worldwide copyright laws and treaty provisions. In addition, this Site’s content is protected by patent and trademark laws, the laws of privacy and publicity, and the various communication regulations and statutes. You may not copy, reproduce, distribute, republish, display, post, transmit, or sell Platform Content in any form or by any means without Zippy’s prior express written consent. You acknowledge that all Platform Content is and shall remain the sole property of Zippy. You may access the Site and use our related services only for their intended purpose. Any use of the Site or Zippy’s services that is not expressly authorized by these Terms of Use is strictly prohibited.

You agree to abide by all applicable laws and regulations in your use of the Site and the products and services available through the Site. You accept sole responsibility for all your activities using the Site. You may not use the Site in any manner that:

  • Uses technology or other means not authorized by us to access the Site or our systems;
  • Uses or launches any manual or automated device or system, including “robots,” “spiders,” or “offline readers,” to (a) retrieve, index, “scrape,” “data mine,” access or otherwise gather any website information or our systems, (b) reproduce or circumvent the navigational structure or presentation of the website, or (c) otherwise harvest or collect information about users of the Site;
  • Uses the Site or our products or services in any manner that could damage, disable, or overburden or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
  • Reverse engineers, decompiles or disassembles any portion of the Site, except where such restriction is expressly permitted by applicable law;
  • Attempts to introduce viruses or any other computer code, files, or programs that interrupts, destroys, or limits the functionality of any software, hardware, or telecommunications equipment;
  • Attempts to gain unauthorized access to our computer network or user accounts;
  • Transmits to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, immoral, or profane material, or any other content that could give rise to any civil or criminal liability under the law;
  • Harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of us or any other party (including rights of publicity or other proprietary rights);
  • Impersonates any person or entity, or falsely states or otherwise misrepresents yourself, your age, or your affiliation with any person or entity;
  • Is unlawful, fraudulent, or deceptive;
  • Attempts to damage, disable, overburden, or impair our servers or networks;
  • Reproduces, modifies, adapts, translates, creates derivative works of, sells, rents, leases, loans, timeshares, distributes or otherwise exploits any portion of (or any use of) the Site, except as expressly authorized by these Terms of Use, without our prior express written consent;
  • Fails to comply with applicable third-party terms; or
  • Otherwise violates these Term of Use.

Any commercial use of this Site or its content is prohibited. You may print a copy of the information contained on this Site only for your personal use. This right may be revoked at any time.

Accessing the Site

You agree and acknowledge that you have the sole responsibility and liability for your use of this Site and for providing or obtaining, and for maintaining, all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary or desirable for you to access and use this Site.

From time to time, due to the performance of maintenance, malfunctions or failures of software, equipment, or telecommunications devices, unusual transaction volume, or similar reasons, the Site may not be available for your use. We minimize the periods of time during which the Site is unavailable. You agree that we shall not be responsible for any loss, damages, costs, or expenses which you may suffer or incur, directly or indirectly, as a result of the unavailability of the Site, regardless of whether it could be shown that we could have prevented or reduced the duration of such unavailability by taking any action within our reasonable control. We shall also not be responsible for any loss, damages, costs, or expenses which you may suffer or incur, directly or indirectly, as a result of your inability to access the Site caused directly or indirectly, in whole or in part, by your computer or mobile device, your inability to establish a connection to the Internet, your Internet Service Provider (“ISP”), or capacity or other limitations or constraints of the Internet.

We may at any time, with or without cause, and without prior notice to you, deny you access to the Site. We may terminate these Terms of Use and your access to the Site, in whole or in part, at any time and without prior notice to you. In the event we terminate these Terms of Use, any applications you have submitted will continue to be evaluated, and any existing transactions you have entered into with us shall remain in effect.

The Site is not intended for use by persons in any jurisdiction or country where such use would be contrary to applicable laws or regulations. We may restrict your access to the Site during times you are in a country for which use of the Site would be prohibited. You are responsible for compliance with all local laws.

The Site may be unavailable or may not work properly due to factors outside our control, including, but not limited to: software or hardware failure, severe weather, earthquakes, wars, insurrection, riots, civil commotion, acts of God, accident, damage, natural disasters, interruption of power, governmental or regulatory restrictions, or other causes beyond Zippy’s control. To protect the security of your information, we may require you to authenticate your identity (i.e., prove that you are who you say you are) to conduct certain transactions on this Site, which may include registering for an account on the Site to access certain information. It is a good idea to protect your security by always closing your web browser after leaving the Site. If you believe that information that you have submitted through the Site has been used without your permission, you must tell us immediately. Telephoning us is the best way of keeping your possible losses to a minimum. Call us at 512-975-2947 to report unauthorized access. If you fail to notify us, you may be liable for all unauthorized activity on your account. You can also contact us at 512-975-2947 regarding technical issues with this Site.

If you have elected to download our mobile application, we grant you a limited, non-transferable, revocable license to use the object code of the software within the mobile application on any mobile device that you own or control that such mobile application is authorized to be operated on (as determined by us in our sole discretion) and that is permitted by this section. The mobile application is licensed, not sold, to you for use only under the terms of these Terms of Use. We reserve all rights, title, and interest not expressly granted to you. Nothing in these Terms of Use allows you to use the mobile application on a device that you do not own or are not authorized to control.

With respect to any mobile application accessed through or downloaded from an App Store such as Google Play® store or the Apple’s® App Store® (an “App Store Sourced Application”), you will use the App Store Sourced Application: (1) only on a product that runs the operating system for which it was intended and (2) only

Providing your telephone contact information to us means you have consented in writing to receive SMS communications (text messages) from us. When consenting to messaging notifications, you authorize us and our assigns, successors or servicing agents to send SMS Notifications (as defined below) to any phone number provided to us or to our assigns, successors or service agents in connection with your account, application, loan, and closing. As used in this text messaging disclosure, “SMS Account Notifications” means any SMS (text message) communications from us to you pertaining to your account or loan transaction sent to the phone number provided in connection with this transaction, including but not limited to application processing status, account information, loan information, information requests, document requests, due dates, delinquent accounts, closings and program updates.

How to Unsubscribe: You may withdraw your consent to receive SMS Account Notifications by replying with “STOP, END, CANCEL. UNSUBSCRIBE, or QUIT” or by calling us at 512-975-2947 at any time. We may treat your provision of an invalid mobile phone number, or the subsequent malfunction of a previously valid mobile phone number, as a withdrawal of your consent to receive SMS Account Notifications. Any withdrawal of your consent to use SMS Account Notifications will be effective only after we have a reasonable period of time to process your withdrawal.

To request additional information, contact us by telephone at 512-975-2947. In order to access, view, and retain SMS Account Notifications that we make available to you, you must have: (i) a SMS-capable mobile phone, (ii) an active mobile phone account with a communication service provider; and (iii) sufficient storage capacity on your mobile phone.

All SMS Account Notifications in electronic format from us to you will be considered “in writing.”

There is no service fee for SMS Account Notifications but you are responsible for any and all charges, including but not limited to fees associated with text messaging, imposed by your communications service provider. Please consult your mobile service carrier’s pricing plan to determine the charges for sending and receiving text messages. These charges will appear on your phone bill. Message frequency depends on account status or settings. We may modify or terminate our text messaging services from time to time, for any reason, and without notice, including the right to terminate text messaging with or without notice, without liability to you.

MARKETING CALLS AND TEXTS: We will not use autodialed or prerecorded calls or texts to contact you for marketing purposes unless you provide us with prior express written consent. If you have provided consent to receive marketing communications, you agree that Zippy’s employees, agents, and representatives may use autodialed or pre-recorded phone calls and SMS text messages to contact your mobile phone at the number you provide for the purpose of describing goods and services that may be of interest to you, whether offered by Zippy, affiliates, or third parties. If provided, your consent will be effective even if the number you have provided is registered on any state or federal Do-Not-Call (DNC) list. This consent for telemarketing calls shall remain in effect until you revoke it. Your consent to receive telephone communications is not a condition of obtaining any product or service and may be revoked at any time by email at [email protected], by writing to us at Zippy, Inc. 9450 SW Gemini Dr, PMB 57583, Beaverton, Oregon 97008-7105, or by calling us at 512-975-2947.

Your Information

During the process of your loan application, you may submit certain information to us. We do not claim ownership of the materials you provide (including feedback and suggestions), post, upload, input, or submit to us (collectively “Your Information”). However, by posting, uploading, inputting, providing, or submitting Your Information, you are granting us, our affiliated companies, and any vendors necessary to the course of your transaction permission to use Your Information to fulfill your request for services. That permission includes allowing us to copy, distribute, transmit, publicly display (we will never publicly display your non-public personal information), reproduce, edit, translate, and reformat Your Information. Please note that specific terms and conditions provided on any Site page describing a particular feature or offer may supersede this provision.

Privacy

Your privacy is very important to us. Please carefully read Zippy’s Online Privacy Policy and our U.S. Consumer Financial Privacy Notice, which detail how we treat your personal information.

Copyright Complaints

If you believe that any material on the website infringes upon any copyright that you own or control, you may send a written notification to us via email at [email protected], or via regular mail at Zippy, Inc. 9450 SW Gemini Dr, PMB 57583, Beaverton, Oregon 97008-7105. In your notification, please:

  • Confirm that you are the owner, or authorized to act on behalf of the owner, of the copyrighted work that has been infringed;
  • Identify the copyrighted work or works that you claim have been infringed;
  • Identify the material that you claim is infringing or is the subject of infringing activity and that is to be removed (please include information reasonably sufficient to permit us to locate the material);
  • Provide your contact details, including an email address; and
  • Provide a statement that the information you have provided is accurate and that you have 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.

By providing us with your employment information you are providing written consent permitting us to contact third parties as necessary to verify your income and employment.

Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL ZIPPY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY ARISE IN CONNECTION WITH THIS SITE, OR FROM YOUR USE OF, OR INABILITY TO USE, THIS SITE OR ANY INFORMATION PROVIDED ON THIS SITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; OR DISCLOSURE OF INFORMATION WHEN REPLYING TO YOU BY E-MAIL OR OTHER ELECTRONIC MEANS OR RECEIVING E-MAILS FROM YOU; EVEN IF WE  ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THIS WEBSITE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADDITIONALLY, ZIPPY MAKES NO CLAIM OR GUARANTEE AS TO THE ACCURACY, COMPLETENESS, SECURITY, RELIABILITY, QUALITY, OR AVAILABILITY OF ANY INFORMATION OR CONTENT PROVIDED ON THE SITE.

WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY VIRUSES THAT MAY INFECT OR DAMAGE YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING OF THIS SITE, THE WEB, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS SITE OR THE WEB.

WE DO NOT WARRANT NOR REPRESENT THAT YOUR USE OF MATERIALS DISPLAYED ON THIS SITE WILL NOT INFRINGE RIGHTS OF THIRD PARTIES NOT OWNED OR AFFILIATED WITH US. You agree to indemnify and hold us harmless from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys’ fees and costs, incurred by us in connection with any claim by a third party (including any intellectual property claim) arising out of your use of the Site in violation of these Terms of Use or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without our written consent.

Other Terms & Conditions

These Terms of Use will be governed by the laws of the United States and the State of Delaware without giving effect to any conflict of laws to the contrary.

No failure, omission, or delay on our part to exercise any right under these Terms of Use will preclude any other further exercise of that right or other right under these Terms of Use.

If any terms in these Terms of Use change due to applicable law or are declared invalid by order of a court, the remaining terms of these Terms of Use will not be affected, and these Terms of Use will be interpreted as if the invalid terms had not been placed in these Terms of Use. The headings in these Terms of Use are intended only to help organize these Terms of Use.

Changes to these Terms of Use

You agree that we may from time to time amend all or any part of these Terms of Use, including, without limitation, establishing, increasing, or decreasing the fees and charges for products and services made available through this Site and changing the features and functionality to this Site. We will notify you electronically of any change to these Terms of Use as required by applicable law. Your use of the Site after the effective date of the change shall constitute your agreement to be bound by the terms of the change. You should also review these Terms of Use periodically for any changes.

Changes in Contact Information

Please keep us informed of any changes in you contact information so that you can continue to receive timely electronic Communications from us. You may update your contact information by emailing [email protected], by writing to us at Zippy, Inc. 9450 SW Gemini Dr, PMB 57583, Beaverton, Oregon 97008-7105 or by calling us at 512-975-2947.

Contacting Us

If you have questions, comments, or complaints regarding these Terms of Use, the Site, or services, you may call 512-975-2947, email us at [email protected], or write to Zippy, Inc., 9450 SW Gemini Dr, PMB 57583, Beaverton, Oregon 97008-7105.

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