These End User Access Terms (these “End User Terms”) set forth the terms and conditions that apply to clients (the “Client”, “you” or “your”) of mortgage professionals (the “Mortgage Professional”) that access and use the Finmo platform through the Finmo website (the “Website”), owned and operated by Lendesk Technologies ULC (“Finmo”, “we”, “our” or “us”). The Website, along with any services available thereon, enable Mortgage Professionals to submit client loan applications to Rocket Mortgage, LLC (“RKT Mortgage”) (collectively referred to as the “Service”).

 

Please read our End User Terms (especially the clauses about liability and dispute resolution and class action waiver) carefully since they are legally binding. By using the Service, you confirm that you accept our End User Terms, as well as Finmo’s Privacy Policy located at https://www.lendesk.com/privacy-finmoapp (the “Privacy Policy”), as it may be amended from time to time in the future.  You agree to abide by these End User Terms and that you are providing permission to us to contact you if needed solely for the purposes of providing the Service. Please note that these End User Terms are subject to change from time to time. 

If you do not agree to our End User Terms, please do not use our Service. If you need clarification on the Service contact us at supportus@lendesk.com.

Your use of the Service shall be a clear acknowledgement that you agree with our End User Terms.

 

Understanding Our Role

You may access and use the Service at the invitation of a Mortgage Professional to interact with the information package as required for your loan application (“Application”). Our Service is solely provided to offer a more efficient way for Mortgage Professionals to submit Applications and we do not guarantee that Applications prepared and submitted using the Service are compliant with applicable laws.

Your Mortgage Professional is solely responsible for ensuring that their use of the Service and that Applications are prepared and submitted in compliance with any applicable laws and rules generally set out by a governmental and regulatory authority.

We provide the Service in our own personal or corporate capacities and should not be considered an agent or representative of a Mortgage Professional, Federal Home Loan Mortgage Corporation, a Client or a lender.

Though your use of our Service is subject to our End User Terms, many aspects of the process to submit the Application and receive information from lenders may be subject to third parties’ policies and rules, including those relating to your lender intermediaries and the lenders. All parties should be aware of those policies and rules that apply to them. We do not control, track, or otherwise influence those third party rules and are not responsible for any failure by your or others to comply with such policies or rules.

 

Account Credentials

If you sign up for a Finmo account to interact with your Applications and otherwise communicate with a Mortgage Professional (“Account”), you agree that Finmo shall provide you with access to the Service through a username and password (together, the “User ID”).  You agree and understand that you are responsible for maintaining the confidentiality of your User ID.  That User ID, together with any or other user information you provide, including but not limited to your contact information and location, will form your “Profile Information” and allow you to access your Account.  You will provide true, accurate, current and complete information about yourself, and you agree not to misrepresent your Profile Information.  You represent and warrant to Finmo that you have not misrepresented any Profile Information.  You are responsible for any Profile Information that may be lost or unrecoverable through use of the Service.

 

If we suspect any unauthorized access to your Account or if we see or suspect suspicious activity in relation to your Account, we retain the right, but do not have the obligation, to suspend your Account and take any other related action as we deem reasonable, and you agree to assist in executing such actions, which may involve your resetting of passwords or taking other measures as may be required. We will not be responsible for actions of another person if you do not notify us in a timely manner about the vulnerabilities posed to you.

 

Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity.  You agree not to disclose your User ID to any third party.  You are solely responsible for all activities that occur under your Account or under your Profile Information. It is your responsibility to update or change any Account or Profile Information, as appropriate. 

 

If any communication you receive from your Mortgage Professional in respect of the Application or your Account looks suspicious or has links that you do not expect, please do not open or click through. Instead, email or call your Mortgage Professional.

 

Cancellation

You may decide at any time to cancel your Account by contacting us at supportus@lendesk.com.

 

Finmo reserves the right at any time, and without cost, charge or liability, to terminate these End User Terms at its sole discretion for any reason, including, but not limited to, a failure to comply with these End User Terms. Finmo reserves the right to modify, suspend or discontinue the Service, or any portion thereof, at any time and for any reason, with or without notice.

Representations, Warranties and Covenants

You acknowledge and agree that: (1) you are 18 years old or older; (2) you have the authority to bind yourself, or such other party which you may be representing, to our End User Terms; (3) your use of the Service shall only be for purposes that are permitted by these End User Terms, and (4) you will comply with all applicable laws, including regulatory requirements and government orders of any kind applicable to your use of the Service.

 

 

Acceptable Use and Conduct

You agree that you shall not directly or indirectly, or permit any other person to: 

1. reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms in any part of the Service;
2. use or allow the use of the Service for any purpose other than what is authorized by us;
3. damage, disable, overburden or impair any part of the Service, including our servers or network, or interfere with any other party’s use and enjoyment of the Service;
4. access the Service in order to build a commercially available product or service which competes with the Service;
5. copy any features, functions, integrations, interfaces or graphics which are part of the Service;
6. violate any laws;
7. make statements, on any part of the Service on any topic associated with us, which could reasonably be considered false or misleading;
8. willfully tamper with the security of the Service, including attempting to probe, scan or test the vulnerability of the Service or to breach its security or authentication measures;
9. transmit any information, through the Service in any other manner, which may be: (i) unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane; (ii) in violation of a third party’s rights in inventions, discoveries, or improvements (whether patented or able to be patented and whether or not reduced to practice), including patents, patent applications, certificates of invention, utility models, continuations, continuations-in-part, provisionals, divisions, reissues, renewals, re-examinations and extensions thereof, trade secrets, know-how, designs, methodologies, processes, rights in data, and similar rights; the protection of works of authorship or expression and copyright (whether or not registered), trademark, trade names, service marks, logos, domain names and trade dress; and similar rights under any laws or international conventions throughout the world, whether now existing or hereafter arising or developed, including the right to apply for registrations, certificates, or renewals with respect thereto, the rights to prosecute, enforce, and obtain damages (“Intellectual Property Rights”) or is subject to Intellectual Property Rights; (iii) refutes or is contrary to what is set out anywhere in the Service; (iv) is considered “spam” (including machine or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation or any form of lottery or gambling); (v) contains or installs any viruses, worms, malware, Trojan horses or other content that is designed or intended to disrupt, damage or limit the function of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; and (vi) violates the privacy of any third party; or
10. attempt to gain unauthorized access to the Service or our computer systems or networks through hacking, password mining or any other means.

We reserve the right, but have no obligation to, monitor the Service, and to investigate and prosecute, to the fullest extent of the law, any violation of the above. We may disclose any information necessary or appropriate to satisfy our legal obligations, or protect Finmo or its customers or users.

 

 

Rights and Ownership

 

Rights in our Intellectual Property. Finmo and its licensors own all Intellectual Property Rights in the Service including applicable copyrights, patents, trademarks and other proprietary rights. Other than usage rights, you don’t have any rights of any kind in our Service. The End User Terms do not transfer any intellectual property between you and us, and we reserve all rights that are not expressly granted under the End User Terms.

Your Data. Our Service is used to process and store some of your personal information. Finmo acknowledges and agrees that between you and Finmo, you are the owner of and have exclusive rights, title, and interest in and to your data. Finmo does not gain any ownership or use rights in such data other than as set out herein. You and your Mortgage Professional are responsible for the accuracy, quality, integrity, legality, reliability and appropriateness of your data. For more information about how Finmo uses your personal data, please refer to our Privacy Policy. If you would like to make any requests for access, correction or deletion of your personal information, please contact your Mortgage Professional. 

Rights to Handle Data. You grant us a non-exclusive, sub-licensable, and transferable right to process your data to (i) enable you to utilize the Service, (ii) to provide our Service, (iii) to operate our business, (iv) as permitted by applicable laws, and (v) to generate information derived from your use of our Service, including, usage information, metrics and other data points which are not able to be reverse engineered to reveal your identity (“Anonymized Information”).We will own all Anonymized Information and are free to use it for any purpose, including but not limited to improving our Service.

You agree that all personal data which is handled by us may be, without further required consent by you, processed by third-parties for purposes which serve our business requirements, including data processing, monitoring or storage, or for regulatory and legal purposes. We respect your privacy and will handle personal data in compliance with applicable laws and as set out in our Privacy Policy.

Rights to Inputs. If you ever make, or are ever invited by us to make comments, improvement, suggestions or provide other content regarding our business, including the Service (“Input”), you will do so without any expectation from us and we shall have a royalty-free, worldwide, transferrable, sublicensable, irrevocable, perpetual license to use or incorporate such Input into our Service or our business as we see fit. We have no obligation to monitor the submission of, or make use of, such Input.

 

 

Links to Other Materials

Some of the links available to you through the Service will allow you to leave the Service. Such external internet sites and the material are not under the control of Finmo, and Finmo makes no representations and disclaims all liability with respect to such sites and materials. The links are provided only for your convenience, and their inclusion does not constitute nor imply approval or endorsement by Finmo of the sites or their content.

 

 

Third Party Vendors

Certain features of the Service incorporate software that are developed by third parties (“Third Party Vendors”). You acknowledge and agree that your use of any services provided by Third Party Vendors is governed by the terms and conditions of such Third Party Vendors, which include, but are not limited to Google, RKT Pro and Xactus. Any breach of the terms of conditions of such third parties, whether identified herein or not, shall constitute a breach of these End User Terms. We do not provide any representations or warranties with respect to software provided by Third Party Vendors.

 

 

Permission for Communication

We and your Mortgage Professional may use email to stay in touch with you regarding the Service. You agree that when you use this Service and you or your Mortgage Professional submit your e-mail address or personally identifying information (e.g. name, phone number) during or prior to access of the Service, you: (1) consent to receive electronic communications from us regarding the Service, your Mortgage Professional and, in certain circumstances, Third Party Vendors providing certain portions of the Service which were selected for you by your Mortgage Professional,; and (2) agree that the End User Terms, agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications would satisfy if they were in writing and physically presented to you.

 

You acknowledge and agree that the Service is provided to you and Mortgage Professionals as a tool to facilitate communications. General communications exchanged through Finmo do not constitute an agreement on our part or the part of any of our integrated lenders or brokers, unless a specific statement to the contrary is included in the message and specific e-signature procedures are employed. However, by utilizing Finmo, you will be expected to conduct all or certain aspects of your transaction electronically, and your assent to a “click to accept” button or feature affirming your own acceptance, is binding upon you.

 

 

Disclaimers

IN ADDITION TO ANY OTHER DISCLAIMERS SET OUT IN OUR END USER TERMS, THE SERVICE PROVIDED, INCLUDING ALL CONTENT, TOOLS, AND FUNCTIONS, ARE “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND MADE BY US. WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, RELIABILITY OR ACCURACY, OR INTEGRATION WITH ANY SYSTEM, INCLUDING THAT BELONGING TO A LENDER OR A LENDER INTERMEDIARY.

ALTHOUGH THE SERVICE MAY BE INTEGRATED WITH OR RUN ON THIRD PARTY SYSTEMS, WE ASSUME NO OBLIGATION AND PROVIDE NO GUARANTEES WHATSOEVER IN CONNECTION WITH THE PERFORMANCE OF THIRD PARTIES. WE ARE NOT RESPONSIBLE TO YOU FOR THE CONDUCT OF ANY SUCH THIRD PARTY OR FOR ANY RELATED DELAY, ERROR, INACCURACY, OR INACCESSIBILITY OF ANY MATERIAL OR SERVICE THEY SUPPLY.

WE DO NOT WARRANT THAT THE SERVICE OR THE FUNCTIONS THEREIN WILL BE UNINTERRUPTED OR ERROR FREE. YOU AGREE THAT YOUR USE OF THE SERVICE CREATES NO OBLIGATION UPON US, THE SERVICE PROVIDER, OTHER THAN AS AGREED UNDER THE END USER TERMS AND THERE IS NO RELATIONSHIP (WHETHER CONTRACTUAL, FIDUCIARY OR OTHERWISE) CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THE END USER TERMS.

ALL THIRD PARTY MATERIALS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY CONCERNING ANY THIRD PARTY MATERIALS IS STRICTLY BETWEEN YOU AND THE THIRD-PARTY OWNER OR DISTRIBUTOR OF THE THIRD PARTY MATERIALS.

TO THE FULLEST EXTENT OF THE LAW, WE DO NOT REPRESENT THAT ANY INFORMATION EXCHANGED BETWEEN A PARTY IN THE PROVISION OF THE SERVICE IS SECURE, EVEN IF WE BECOME AWARE OF ANY, OR ARE TOLD ABOUT, A POTENTIAL BREACH.

 

 

Release and Indemnification

You agree to indemnify, defend and hold harmless Finmo, its officers, directors, employees, agents, successors and permitted assigns from and against any and all expenses, claims and demands, losses, costs, damages, actions, suits or other proceedings (“Claims”) including legal fees and disbursements, arising out of: (i) your use of the Service, including your violation of any of the provisions in these End User Terms; (ii) allegation of facts that, if true, would constitute your breach of any of your representations, warranties, covenants or obligations under these End User Terms; (iii) any disputes between you and your Mortgage Professional; or (iv) negligence or willful misconduct by you or any third party on your behalf in connection with the use of the Service provided by us.

We may, at our sole discretion, choose 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 matter without our written consent.

 

 

Limitation of Liability

 

UNDER NO CIRCUMSTANCES SHALL FINMO, ITS DIRECTORS, OFFICERS, REPRESENTATIVES, AND AFFILIATES BE LIABLE FOR:

 

(1) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO THE USE OF THE SERVICE, OR OTHERWISE ARISING FROM OR RELATED TO THESE END USER TERMS – THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF REWARDS OR SAVINGS ON PURCHASES, PROFIT, EARNINGS, ANTICIPATED EARNINGS, INTERRUPTION OR LOSS OF SERVICE, OR ANY CONSEQUENTIAL LOSSES, PROBLEMS, OR FAULT HOWSOEVER ARISING OUT OF THE USE OF THE SERVICE, OR OTHERWISE ARISING FROM OR RELATED TO THESE END USER TERMS; OR

 

(2) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD PARTY WHICH INTERACTS WITH THE SERVICE, OR OTHERWISE ARISING FROM OR RELATED TO THESE END USER TERMS IN THE PROCESS OF YOUR USE OF THE SERVICE, OR OTHERWISE ARISING FROM OR RELATED TO THESE END USER TERMS.

 

EXCEPT AS PROVIDED IN THIS SECTION, FINMO’S AGGREGATE LIABILITY UNDER THESE END USER TERMS SHALL NOT EXCEED $100 CANADIAN DOLLARS. 

 

ALL LIMITATIONS OF LIABILITY IN THESE END USER TERMS APPLY: (1) EVEN IF ANY REMEDY IN THESE END USER TERMS FAILS OF ITS ESSENTIAL PURPOSE; AND (2) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY, AND WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION FOR NEGLIGENCE), STRICT LIABILITY, MISREPRESENTATION, RESTITUTION, OR OTHERWISE. 

 

 

Term and Termination

Our End User Terms shall be deemed to be applicable to you upon your use of the Service and shall only cease to apply to you upon an actual deletion or deactivation of your Account through the means stated in the End User Terms. Abandonment or non-use of the Account will not lead to an automatic termination of your Account and the End User Terms will continue to apply to you.

We may terminate your access to all or any part of the Service at any time, with or without cause and with or without notice, effective immediately and for any reason deemed appropriate in our sole discretion.

Except for the provisions set out in the Surviving Provisions clause, these End User Terms shall no longer be applicable to you if your Account is cancelled or terminated.

Upon termination of your Account (i) all rights, licenses and authorizations granted pursuant to these End User Terms shall immediately terminate, and (ii) we may disable your access to the Service.

Notwithstanding anything to the contrary in these End User Terms, with respect to information and materials then in our possession or control, we may retain (i) any of your data in our backups, archives and disaster recovery systems until such data is deleted in the ordinary course and all such retained data shall remain subject to all confidentiality, security and other applicable requirements of our End User Terms, and (ii) your data, including your personal information to comply with your Mortgage Professional’s data retention policies.

 

 

Our End User Terms May Change

We reserve the right, at our sole discretion, to amend these End User Access Term at any time.

 

We reserve the right, at our sole discretion, to amend these End User Terms at any time.

 

If our End User Terms are modified, we shall post the amended End User Terms on https://www.lendesk.com/terms-finmoapp-borrowers. Although we shall take reasonable steps to notify you when such changes are made, you are expected to check our End User Terms periodically for any amendments. Your continued use of our Service following such notification shall constitute your affirmative acknowledgement of these End User Terms, and your agreement to abide and be bound by our End User Terms, as amended. If at any time you choose not to accept our revised End User Terms, including following receipt of notification of any modifications made hereto, then please do not use the Service and as applicable, terminate your Account. 

 

 

Governing Law

You agree that these End User Terms shall be governed by and construed in accordance with the laws of the State of Michigan, without giving effect to any principles of conflicts of law. You understand and agree to resolve through final and binding arbitration the following claims, disputes, or controversies arising between you and Rocket Mortgage, LLC, and its parents, affiliates, subsidiaries, or related companies: all claims, disputes, or controversies arising from the Telephone Consumer Protection Act of 1991 (“TCPA”), or state law claims similar to the TCPA. You will arbitrate TCPA claims between you and Rocket Mortgage at a location the arbitrator will determine in compliance with Rocket Mortgage’s Governing Law provision. The arbitrator, not the court, will resolve the issue of arbitrability. Any state or federal court having jurisdiction thereof may enter judgment of any award the arbitrator renders. This arbitration contract is made under a transaction in interstate commerce, and the Federal Arbitration Act (“FAA”) will govern its interpretation, application, enforcement, and proceedings. As the Governing Law provision indicates, the laws of the State of Michigan govern the enforceability of this arbitration provision as a contract, but not the scope of this provision. Neither you nor Rocket Mortgage are entitled to join or consolidate claims in arbitration by or against other consumers or to arbitrate any claim as a representative or member of a class or in a private attorney general capacity. The parties voluntarily and knowingly waive any right they have to a jury trial. You agree that any other action(s) at law or in equity arising out of or relating to these End User Terms or the use of this website shall be filed only in the state or federal courts located in Wayne County, Michigan, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating. 

 

 

Severability

If any portion or provision of our End User Terms shall to any extent be declared illegal or unenforceable by a court of competent jurisdiction, then the remainder of our End User Terms, or the application of such portion of provision in circumstances other than those as to which it is so declared illegal or unenforceable, shall not be affected thereby, and each portion and provision of our End User Terms shall be valid and enforceable to the fullest extent permitted by law.

 

 

Assignment

We may assign or delegate our End User Terms in whole or in part, to any entity at any time with or without your consent and without prior notice to you.

You may not assign or delegate any rights or obligations under our End User Terms without our prior written consent and any unauthorized assignment and delegation by you is void.

 

 

Headings and Summaries

The headings, captions and summaries in these End User Access Term are for convenience only and in no way define or describe the scope or content of any provision of these End User Access Term.

 

 

Notices

Except as otherwise stated in our End User Terms or as expressly required by law, any notice to us, including for purposes of termination, shall be given in writing by certified postal mail to:

PO Box 48299 Bentall, Vancouver, BC, V7X 1A1

Any notice to you shall be given to the most current email address in your Account.

Other Rules of Interpretation and Definition

Any reference to gender includes all genders; words importing the singular number only shall include the plural and vice versa; the word “or” is not exclusive; the words “including”, “includes” and “include” mean “including without limitation; and “shall” means “will” and “must”, all three of which can be changed interchangeably and shall not mean “may”. “process” means to record, transfer, access, receive, use, disclose, retain, dispose of, destroy, manage, collect, store, or otherwise handle. “law” as used herein, means any statute, ordinance, regulation, rule, code, constitution, treaty, common law, governmental order or other requirement or rule of law of any governmental authority.

 

 

No Waiver of Covenants

Failure by any party to insist upon the strict performance of any of the covenants, agreements, terms, provisions or conditions contained in the End User Terms or to exercise any election shall not be construed as a waiver or relinquishment of such covenant, agreement, term, provision or condition but the same shall continue and remain in full force. No waiver shall be deemed to have been made unless expressed in writing.

 

 

Surviving Provisions

Only the clauses in relation to Representations, Warranties and Covenants, Rights and Ownership, Permission for Communication, Release and Indemnification, Liability, Governing Law, Arbitration, Waiver of Class Proceedings, and Surviving Provisions in these End User Access Term shall survive following any termination or expiration of your Account.

Entire Agreement and Understanding

These End User Terms constitute the entire agreement and understanding between you and Finmo. No other communication, written or oral, with respect to the subject matter of our End User Terms shall apply.