TERMS OF USE
Please read these Terms of Use (“Terms”) carefully before using the ARIVE platform, including any subsequent versions or upgrades (the “Platform”), our website, mobile applications, or other online services (collectively, the “Service”) operated by Wizni, Inc. and its wholly-owned subsidiaries, including Arive, LLC (collectively, “ARIVE”, “we”, “us”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, consumers, customers, Users, mortgage brokers, lenders, and others who wish to access or use the Service (“you” or “your”).
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of these Terms then you do not have permission to access the Service.ACCOUNT REPRESENTATIONSWhen you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. If you are under the age of 18 you must not use our Service. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. To create an account, you will be asked to include information specific to the Service you are requesting, such as your business name, description of services, qualifications, and credentials. If you choose not to provide the requested information, certain features of the Service may not be accessible or available to you.
You are responsible for maintaining the confidentiality of your account and password, including restricting access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or a username that is not lawfully available for use, or a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
ACCESS TO THE SERVICE
We reserve the right at all times, in our sole discretion and without notice to you, to deny your access to and use of the Service.
USE OF THE SERVICE
You agree and acknowledge that you have the sole responsibility and liability for your use of the Service 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 the Service.
PRIVACYPlease review our Privacy Policy. By using the Service, you are consenting to the practices described in the Privacy Policy.
When using the Service, you may be asked to provide certain personal information. You can decline. If you choose not to provide the requested information, you may not be able to proceed with your mortgage loan application and certain features of the Service may not be accessible or available to you.
CREDIT HISTORY AND PRESCREENED OFFERS
When using the Service, we may obtain a consumer’s credit history from a credit reporting agency with the appropriate consent. Credit reporting agencies may, in turn, share consumer information upon that consumer applying for a loan through the Service. You may contact www.optoutprescreen.com or call (888) 576-8688 to stop receiving prescreened credit offers.
USER ID’S AND PASSWORDS
The Service is restricted to Users and Subscribers (such as mortgage lenders and brokerage firms) who have obtained a user identification and password by completing the registration process.
You agree to notify us immediately if you believe your or a consumer user’s identification, password or other identifying information has been lost, stolen or otherwise compromised.
You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of the Service by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including any access to or use of the Service that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.
If you are a mortgage lender, broker, or other Platform Subscriber, you are responsible for ensuring Access Security standards through your own information security policies. You are expected to protect and maintain the confidentiality of any user identification, password or other identifying information you may obtain in connection with your use of the Service. We reserve the right to audit you in the interest of preserving the data integrity of our Platform.
AVAILABILITY, ERRORS AND INACCURACIESWe are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service, including products and pricing information of our lender partners. You are responsible to confirm the accuracy of products and pricing information with any lender partners you work with prior to making financial decisions or disclosures based on such information. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
This Service is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation, and you are not authorized to use the Service in any such jurisdiction.
SUBSCRIPTIONS AND ADD-ON MORTGAGE RELATED SERVICESSome parts of the Service may be billed on a subscription basis (“Subscription”) subject to an order form, services agreement,” payment schedule,” or as determined by our third-party suppliers. Subscribers may be billed in advance or on a recurring and periodic basis. At the end of each Subscription Term, broker-specific Subscriptions will renew per the order form, agreement or schedule, unless it is cancelled by you or ARIVE.
Certain sections or pages of the Service may contain separate terms and conditions, which supplement these terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
In the event you desire to purchase an add-on service, a valid payment method, such as a credit card, may be required to process the payment for certain services. You shall provide accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information when prompted. By submitting such payment information, you automatically authorize ARIVE to charge all fees incurred through your account to any such payment instruments.
USE AND SUBSCRIPTION LIMITATIONSYour subscription to use our Service and leverage our content is limited to these Terms and the terms and conditions in our Platform Subscription Agreement. You represent that you never have used, and will not use, any data provided by us to compete with the Service or any produces or services offered by ARIVE. Any type of use beyond those terms and anticipated scope is impermissible, including the following unauthorized access, use, or attempt to:
- use any unauthorized automated means to access the Platform or collect any information from the Platform (including robots, spiders, scripts or other automatic devices or programs);
- frame the Platform, utilize framing techniques to enclose any content or other proprietary information, place pop-up windows over the Platform’s pages, or otherwise affect the display of the Platform’s’ pages;
- engage in the practices of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining content or other information;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial or non-commercial solicitation or bulk communications of any kind to any party;
- use data provided by ARIVE in any manner whatsoever for any competing uses or purposes; or
- use the Platform or the Service in any manner that violates applicable law or that could damage, disable, overburden, or impair the Platform or interfere with any other party’s use and enjoyment of the Platform.
PURCHASESIf you wish to purchase any product or service made available through the Service (“Purchase”),you may be asked to supply certain information relevant to your Purchase, including your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card orother payment method in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The Service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties, subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time due to product or service unavailability, errors in the description or price of the product or service, errors in your order, or any other reason in our sole discretion.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
FEE CHANGESWe will provide you with reasonable prior notice of any change in Service fees to give you an opportunity to terminate your order before such change becomes effective.
Your continued use of the Service after the Service fee change comes into effect constitutes your agreement to pay the modified Service fee amount.
REFUNDSExcept when required by law, paid Subscription fees, fees for services already rendered, and fees charged by and or advanced by us for third-party services are non-refundable.
THIRD-PARTY TOOLS AND SERVICESOur Service may contain links to, or may permit integration with, third-party websites or services that are not owned or controlled by us, but made available to Users and Subscribers to help create a seamless mortgage loan processing experience at various points in the mortgage process. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services that may be featured on the Service. We do not warrant the offerings of any of these entities, individuals or their websites.
You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.
Third-party Data Integration and Workflow Providers. If you access the Service or request any data stored in the Platform by means of any portal, website, API, data integration, workflow, or similar tools provided or controlled by a third party (such as lender portals, Zapier, or similar services), you are solely responsible to ensure that you have the right to access, use, and process the data you access or request from the Platform, as well as to ensure the privacy and security of such data we may send in response to such requests or otherwise in your possession, in accordance with applicable law.
No Advertising; No Links. We do not permit you to post third-party advertising on the Service. Except with written permission or as stated in our Platform Subscription Agreement, you agree that you will not create links from any third-party website or web page to our website or any page within our website.
INTELLECTUAL PROPERTYThe Service and its original content, features and functionality are and will remain the exclusive property of ARIVE and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
Except as expressly set forth in the Platform Subscription Agreement, ARIVE (and its licensors, where applicable) shall own (i) the Service, and all improvements, enhancements, or modifications made thereto, and (ii) all Intellectual Property rights related to any of the foregoing. You acknowledge and agree that any suggestions, ideas, enhancement requests, recommendations or other feedback provided by you relating to the Service (“Feedback”),
whether provided by you directly or indirectly, orally or in writing, or through third-party tools we may utilize to solicit Feedback from time to time, shall be owned by ARIVE, and to the extent you own any right, title or interest in or to such Feedback, you hereby assign and agree to assign to ARIVE all such right, title and interest in and to the Feedback without cost or expectation of remuneration.
REPEAT INFRINGER POLICY; INTELLECTUAL PROPERTY INFRINGEMENTIn accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, Users, Subscribers and all entities or natural persons who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Service and/or terminate the subscriptions of any User or Subscriber who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
COMMUNICATIONS POLICYWe may communicate with you in a variety of different ways including by email, voicemail, mail, text and SMS messaging, and in person. Some communications occur through multiple channels. Such communications are confidential and only intended for you or persons authorized to act on your behalf. By using the Service, you acknowledge the following communications-related practices:
Email communications: Unless explicitly stated, emails are not intended as formal or confirmed interest rate locks, unconditional loan commitments or unconditional loan approvals. Unless explicitly stated, ARIVE does not communicate by any method conditional or unconditional loan pre-qualifications or pre-approvals or any type of agreements to lend to a borrower.Disclosures and Time Sensitive Instructions: Do not use the Platform, affiliate websites, chat or email to communicate to us any time-sensitive instructions that are in any way related to or may
affect your loan, loan application, loan disclosures or loan closing documentation (such as interest rates locks, updates of your personal information, cancellation of a closing, rescissions, or any matter related to the loan). Instead, contact your broker or lender directly.
All transactions conducted on the Service, our affiliate websites, chat or via email, must be confirmed in writing by us to be accepted by and binding upon us. Our communications regarding matters regulated by applicable federal and state laws will always be formal and notated as such.
Recording and Monitoring of Communications: As described herein, your communications with us, including via the Service, chat, email, and telephone, may be recorded or monitored, and by using such communications methods you are consenting to the recording or monitoring of the same.
Loan Decisions: ARIVE is not a lender or brokers, and all loan decisions, pre-qualifications, rate locks, deposits refunds, evaluations of creditworthiness, and other commitments regarding a loan are made only by your lender or broker in writing, and never by ARIVE. Approvals and pre-qualifications are conditional in accordance with their terms as specifically provided in writing signed by the relevant lender or broker.
Credit Reports: By applying for credit, you authorize us to transmit, and consent to your data being provided, to relevant credit agencies and credit report providers, and further authorize us and such parties to create, obtain, store, and transmit a copy of your or your individual client’s credit report. As a result, a “hard” inquiry may appear on the credit report. A hard inquiry may negatively affect a consumer’s credit score. Fees for credit pulls are charged to Subscribers and if passed on as a loan cost, must be disclosed to the consumer in accordance with applicable
federal and state laws. Subscribers are responsible for all related mortgage lending compliance requirements to ensure all fees and costs related to the loan are properly and timely disclosed. If we suspect that you are not in compliance with consumer protection and disclosure requirements, we may terminate your Subscription.
E-Signature: General communications through the Platform 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 the Platform, 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.
Third-Party Service Providers: When making a loan application, or entering into a request for more information prior to applying for a loan, you are agreeing to provide us accurate, current and complete information and you acknowledge that such information will be relied upon to transact your loan application through the Service, by your broker, lender, and our third-party providers.
TERMINATIONWe may terminate or suspend your account and limit access to the Service immediately, without prior notice or liability, in our sole discretion, for any reason whatsoever and without limitation, including for any breach of these Terms.
Individual consumers who wish to terminate your account, may simply discontinue using the Service. See our Privacy Policy for more information regarding our use and retention of your information both during and after termination of your account.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless ARIVE and its licensees and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of: (a) your use and access of the Service, by you or any person using your account and password; (b) any information you provide us (including information you provide about a client, co-applicant, or other party involved in your mortgage loan process, without having proper consent of such party to provide such information); (c) your use of third-party portals, data integration, workflow, or similar services or providers to access or obtain data from Service; or (d) any breach of these Terms.
LIMITATION OF LIABILITY
In no event shall ARIVE, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from: (i)your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) any unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
DISCLAIMER; WAIVERYour use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
ARIVE its subsidiaries, affiliates, and its licensors do not warrant that: (a) the Service will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements.
You acknowledge that you are using the Platform and the Service voluntarily and are interacting with other parties through the Platform voluntarily, including consumers, mortgage brokers, lenders, and other third parties, and you agree that neither ARIVE, nor its directors, employees, partners, agents, suppliers, or affiliates, will be liable to you for the actions or inaction of any other party.
If you are applying for a loan or any other mortgage-related product, you acknowledge and agree that decisions and actions regarding your loan application and receipt of a loan or other mortgage-related product, if any, will be made by the mortgage broker and lender with whom you have voluntarily chosen to work, and not by ARIVE. You acknowledge and agree that ARIVE is not: (a) making any decision or taking any action with respect to your creditworthiness or other qualifications to receive a loan; (b) discriminating, preventing or discouraging you from
submitting an application for any mortgage-related product for which you qualify; or (c) preventing you from contacting directly your mortgage broker and the lender from whom you wish to receive a mortgage-related product, and you hereby waive any and all liability against ARIVE for its provision of the Platform and the Service and for any action or inaction, or any assistance rendered or withheld, by ARIVE during the process of applying for and pursuing a loan or other mortgage-related product.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
GOVERNING LAW; MISCELLANEOUSThese Terms shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Any action or claim brought in connection with, or based in any way upon, these Terms, or any other action or claim brought against ARIVE will be brought only in Santa Clara County or Contra Costa County, California.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service, provided, however, that if you are a Subscriber to the Platform, then the terms and provisions of the Platform Subscription Agreement will supplement these Terms and control in the case of any conflict.
The words “include,” “includes” and “including” shall mean without limitation, and any listing thereafter is not exhaustive.
CHANGESWe reserve the right, at our sole discretion, to modify or replace these Terms at any time. When we make changes to these Terms, we will post the updated Terms on our website and update the Terms’ effective date. By continuing to access or use our Service thereafter, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
CONTACT USIf you have any questions about these Terms, you may contact us by email at info@arive.com or by mail at: Arive, LLC, c/o Wizni, Inc., 5000 Executive Parkway, Suite 312, San Ramon, CA 94583.
Effective Date: June 29, 2023
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