Effective Date: March 1, 2020
Acceptance of Terms
General Use of The One Place Network
- except with the express written permission of The One Place, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other Web site or application, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from The One Place Network, including without limitation, engaging in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information;
- damage, disable, overburden, or impair The One Place Network or interfere with any other party’s use and enjoyment of The One Place Network;
- obtain or attempt to obtain any materials or information through any means not made readily accessible by The One Place through The One Place Network.
Except with the express written permission of The One Place, you agree that you will not access or attempt to access password protected, secure or non-public areas of The One Place Network.
Except with the express written permission of The One Place, you agree that you will not create links from any Web site, Web page or other application to any page within, or part of, The One Place Network; provided however upon prior written notice to The One Place at Webmaster@TheOnePlace.com, you may create a link directly to The One place. The origin of any link to any The One Place Network home page must be accompanied by a clear and prominent attribution indicating that the link is connected to The One Place Network home page. By creating a link to The One Place Network, you agree that (a) you will not employ any technology that results in the placement of content from The One Place Network in a frame and/or a reduced pop-up window and/or any other display mechanism which changes appearance of The One Place Network from how it would appear if a user typed the URL in a typical browser line, (b) your site shall not display content or link to other Web sites or applications that contain content that is illegal, obscene, indecent, disparaging, discriminating or otherwise offensive, (c) you have duly registered your domain name and possess all rights necessary to use the same, and (d) you shall not in any manner access, collect, store, disclose, transfer or use any information obtained or derived from a user’s access to or use of The One Place Network. The One Place reserves the right to revoke your permission to create such link at any time in its sole discretion and you agree to immediately cease using the link at any time that The One Place so requests.
The Services provided through The One Place Network may also be located on third-party Web sites or applications, via a link, click-through advertising, or otherwise. Nothing contained in any of these Services is an offer or promise by The One Place to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. In addition, The One Place does not make any representation or warranty with respect to such third-party Services, and is not responsible for their accuracy, sufficiency, veracity, completeness, or timeliness. You are responsible for confirming the sufficiency and reliability of any third-party Services, and you hereby release The One Place from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of such Services. Further, please note that certain of the interactive Services may be financial or mortgage tools that provide information and customized information based on user-inputted data. These tools are for the purpose of performing calculations and are not an offer to lend. Interest rates shown are for demonstration purposes only. Actual market interest rates may vary.
You acknowledge that The One Place is not a real estate broker, mortgage broker or mortgage lender, and The One Place does not aid or assist borrowers in obtaining, solicit borrowers or lenders for, negotiate or make loans secured by liens on real property
Please note that you may be subject to additional and/or different terms, conditions, and privacy policies when you use third party Services, Content (as defined below), software or sites.
Content Contained in The One Place Network
The One Place Network and all of its contents including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials on The One Place Network (collectively, “Content”) is owned by The One Place and/or third parties with all rights reserved unless otherwise noted. The One Place grants you a limited license to access and use The One Place Network and Content solely for informational, personal and non-commercial purposes (including printing individual pages from The One Place Network provided that you retain all copyright and other proprietary notices contained thereon). You are strictly prohibited from downloading (other than page caching) modifying, or making any other use of The One Place Network or Content, except with express written consent of The One Place. You understand that all third party Content posted on, transmitted through, or linked from The One Place Network, is the sole responsibility of the third-party originator of such Content. Content is provided through The One Place Network AS IS, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall The One Place be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Services.
You acknowledge that The One Place does not screen or approve third-party Content, and that The One Place shall have the right (but not the obligation) in its sole discretion to refuse, modify, delete or The One Place any Content that is available via The One Place Network, for any reason.
Content You Provide
To the extent that you post, upload, input, submit or otherwise transmit (collectively, “Transmit” or “Transmitting” as appropriate) Content on or through The One Place Network, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Content that you provide or otherwise make available via The One Place Network. You also warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to Transmit such Content, and to transfer your or others’ interests in such Content to The One Place as provided below.
You promise that you will not use The One Place Network to:
- Transmit any Content
- not related to appropriate subject matters;
- which is misleading to others, including consumers;
- that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- that you do not have a right to post and transmit under any law or under contractual relationships;
- such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- and materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.
By Transmitting Content to The One Place Network, you grant, and you represent and warrant that you have the right to grant, to The One Place an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of The One Place Network, you grant The One Place all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on The One Place Network by any party for any purpose.
This disclosure statement pertains to the conduct of The One Place, including services The One Place provides, in connection with the mortgage loan industry and Web sites and mobile applications operated by The One Place.
The One Place does not confirm, and does not make or give any guarantee regarding,
- (i) any information in any request for, or in any request to be contacted about, a quote, pre-qualification, pre-approval, loan commitment, loan or loan-related document, nor (ii) any information about any consumer, potential borrower or other person who submits or is the subject of an Inquiry, nor (iii) any information about, or in any rating of or feedback about, any advertiser, lender, broker or mortgage or loan professional
The One Place does not guarantee any information provided by any borrower, any specific loan terms and conditions offered by an advertiser, lender, broker or mortgage professional, or that any person will be offered or able to obtain any particular rates, loan, loan application, quote, pre-qualification, pre-approval, loan commitment or loan-related transaction.
The One Place is not a lender, mortgage broker, loan originator, loan processor or underwriter. The One Place does not aid or assist in obtaining loans or loan applications, nor in setting or negotiating any terms thereof, nor in making loan or loan application decisions.
The One Place does not offer loans and does not solicit or participate in the solicitation of loans or loan applications.
The One Place does not take applications for loans or credit nor issue or participate in the issuance of pre-qualifications or pre-approvals.
Any request for, inquiry about or agreement to receive or be contacted about loans, loan applications, quotes, pre-qualifications, pre-approvals, loan commitments or loan-related transactions by any consumer or person (e.g., by way of advertisements on Web sites or mobile apps operated by The One Place) is not, and will not be responded to by The One Place as, an order, application, offer or transaction for any credit, loan, loan application, quote, pre-qualification, pre-approval, loan commitment or loan-related transaction or other loan or credit product.
The One Place does not endorse or recommend any lender, any borrower nor any of the products, rates or offerings of any lender, broker or mortgage professional.
Nothing contained in any mortgage-related ad or other ad is an offer to provide, or a solicitation for, any loan, loan application, quote, pre-qualification, pre-approval, loan commitment or loan-related transaction.
The One Place is not an agent of any consumer or borrower nor of any advertiser, lender, broker or mortgage or loan professional.
The One Place sometimes may provide advertising services, services to facilitate contact when consumers wish to be contacted by lenders, mortgage brokers or other loan professionals and/or other like services relating to use of Web sites or mobile apps The One Place operates.
Decisions regarding loans, loan applications, quotes, pre-qualifications, pre-approvals, loan commitments or loan-related transactions are not made by The One Place but are made by lenders, brokers or other loan professionals which might include participating advertisers of The One Place.
The One Place does not make or give any guarantee regarding, and assumes no responsibility for, any such decisions, nor any acts or omissions of lenders, brokers or other loan professionals, nor any result or consequence (direct or indirect) of any business transaction (actual, proposed or discussed) or related communications between lenders, brokers or other loan professionals and any other person, nor any rates, information or other content on or accessible through any Web site or app that did not originate solely from The One Place.
The foregoing disclosures reflect The One Place’s good faith conclusions regarding the subject matter of such disclosures, and The One Place takes no responsibility for, and shall have no liability as a result of or in connection with, any assertions, findings or conclusions that might be made, adjudicated, established or otherwise reached by anyone other than The One Place, nor any actual or alleged inaccuracy of or other fault with any such disclosures.
For purposes of this Mortgage-Relate Disclosure statement, “The One Place” refers to each of The One Place, Inc. and each of its subsidiaries.
Ability to Opt Out from Receiving Certain Communications.
You have the choice to opt out of receiving certain marketing communications (email or text messages) you might receive from The One Place or a The One Place division (each referred to here as a “Sender”). Normally, a marketing email you receive from a Sender will have an opt-out link provided within the email itself (usually toward the bottom), and you typically can opt out of receiving further such marketing emails by clicking on the opt-out link and indicating your decision. If you receive marketing texts from a Sender, you typically can opt out of receiving further such texts by following instructions provided in the text itself, often by texting “STOP” to 22445, or by emailing The One Place Customer Care team at email@example.com and including sufficient information to allow the Sender to properly respond to your request (e.g., your full name, your complete phone number with area code, and an image or description of the marketing text you received). Whether it’s email or text, your request will be handled promptly; but please note that for a reasonable time you might receive further such marketing emails or texts while the Sender processes your request. Note also that opting out of marketing emails or texts will not necessarily cause you to stop receiving non-marketing emails or texts, such as texts about a purchase you may have made, a transaction you may have with a Sender, a lead you have submitted about a property that is for sale or perhaps even about listing alerts you may have requested, as well as other types (for example, about technical, administrative or informational matters) — but even some or all of these kinds of messages (especially if texts) the Sender may stop as well.
Applicable Law; Agreement to Arbitrate
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE ONE PLACE NETWORK, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE ONE PLACE MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE ONE PLACE NETWORK, SERVICES AND/OR CONTENT. THE ONE PLACE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability
IN NO EVENT SHALL THE ONE PLACE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE ONE PLACE NETWORK, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE ONE PLACE NETWORK OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE ONE PLACE NETWORK, OR OTHERWISE ARISING OUT OF THE USE OF THE ONE PLACE NETWORK, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE ONE PLACE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE ONE PLACE NETWORK, AND ALL OTHER USE OF THE ONE PLACE NETWORK, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.
All materials on The One Place Network (as well as the organization and layout of The One Place Network) are owned and copyrighted or licensed by The One Place, its corporate affiliates or its third-party vendors. © by The One Place, Inc., all rights reserved. No reproduction, distribution, or transmission of the copyrighted materials on The One Place Network is permitted without the written permission of The One Place. Any rights not expressly granted herein are reserved.
Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement should be sent to The One Place’s Designated Agent set forth below. All inquiries must be filed in accordance with Title 17, United States Code, Section 512.
Legal Department -The One Place, Inc.
Repeat Infringers. It is The One Place’s policy to terminate in appropriate circumstances access to or use of The One Place Network (or any part thereof) by repeat infringers.