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End-User License Agreement (EULA)

Last Revised: December 25, 2024

Effective Date: July 7, 2023

PLEASE READ THIS END-USER LICENSE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

1. Introduction

This End-User License Agreement ("EULA") is a legal agreement between ZAPA Mortgage Inc. ("Company," "we," "us," or "our"), with its principal place of business located at 5326 W Belfort St, #109, Houston, TX 77035, United States, and you ("User," "you," or "your"). By accessing or using our website (zapamortgage.com) or any associated software, applications, or services (collectively referred to as the "Website" or "Services"), you agree to be bound by the terms and conditions of this EULA.

If you do not agree to these terms, please do not access or use our Website or Services.

2. Definitions

  • "Software" refers to any downloadable applications provided by the Company through the Website.
  • "Content" includes all text, graphics, images, audio, video, and other materials available on the Website or provided through the Services.
  • "User-Generated Content" refers to any content you submit, post, or display on or through the Website or Services.

3. License Grant

3.1. Limited License:

Subject to the terms and conditions of this EULA, the Company grants you a non-exclusive, non-transferable, revocable, limited license to access and use the Website and any accompanying Software solely for your personal, non-commercial use.

3.2. License Restrictions:

You agree not to:

  • Replicate: Reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Website or Services.
  • Modify: Modify, adapt, translate, or create derivative works based on the Website or Services.
  • Reverse Engineer: Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of any Software.
  • Remove Notices: Remove, alter, or obscure any proprietary notices, labels, or marks on the Website or Software.

4. Intellectual Property Rights

All rights, titles, and interests in and to the Website, Services, Software, and Content, including all related intellectual property rights, are and shall remain the exclusive property of the Company or its licensors. This EULA does not grant you any rights to any trademarks, service marks, logos, or other distinctive brand features of the Company.

5. User Obligations

5.1. Compliance with Laws:

You agree to use the Website and Services in compliance with all applicable federal, state, and local laws, regulations, and ordinances, including but not limited to Texas state laws governing mortgage services and data protection.

5.2. Accurate Information:

You agree to provide accurate, current, and complete information when using the Services and to update such information as necessary to keep it accurate.

5.3. Prohibited Activities:

You agree not to engage in any activity that interferes with or disrupts the functionality of the Website or Services, including but not limited to:

  • Transmitting any harmful code or viruses.
  • Attempting to gain unauthorized access to any portion of the Website or Services.
  • Using automated means to access the Website or Services for any purpose without our express written permission.

6. Privacy

Your use of the Website and Services is also governed by our Privacy Policy, which can be found at https://zapamortgage.com/privacy-policy. By using the Website or Services, you consent to the collection, use, and disclosure of your personal information as described in the Privacy Policy.

7. Termination

7.1. Termination by User:

You may terminate this EULA at any time by discontinuing your use of the Website and Services.

7.2. Termination by Company:

The Company reserves the right to suspend or terminate your access to the Website and Services, without prior notice, for any reason, including but not limited to:

  • Violation of any terms of this EULA.
  • Engaging in prohibited activities.
  • Inactivity for an extended period.

Upon termination, all licenses granted to you under this EULA will immediately cease, and you must promptly discontinue all use of the Website and Services and destroy any copies of the Software in your possession.

8. Disclaimer of Warranties

8.1. "As Is" and "As Available":

The Website, Services, and any Software are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

8.2. No Warranty of Accuracy:

While we strive to provide accurate and up-to-date information, the Company does not warrant that the Website or Services will be error-free, secure, or free from viruses or other harmful components.

9. Limitation of Liability

To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your use or inability to use the Website or Services.
  • Any unauthorized access to or use of our servers and/or any personal information stored therein.
  • Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Website or Services by any third party.
  • Any errors or omissions in any Content or for any loss or damage incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available through the Website or Services.

9.1. Maximum Liability:

In no event shall the Company's total liability to you for all claims arising out of or related to this EULA exceed the amount you have paid, if any, to the Company for accessing the Website or Services.

10. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

  • Your use of and access to the Website and Services.
  • Your violation of any term of this EULA.
  • Your violation of any third-party right, including without limitation any intellectual property or privacy rights.

This indemnification obligation will survive the termination of this EULA and your use of the Website and Services.

11. Governing Law and Dispute Resolution

11.1. Governing Law:

This EULA shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law principles.

11.2. Dispute Resolution:

Any dispute arising out of or relating to this EULA or your use of the Website and Services shall be resolved exclusively through binding arbitration conducted in Harris County, Texas, in accordance with the rules of the American Arbitration Association. Judgment on the arbitration award may be entered into any court having jurisdiction thereof.

11.3. No Class Actions:

You agree not to participate in any class action lawsuits or class-wide arbitration against the Company.

12. Changes to this EULA

The Company reserves the right, at its sole discretion, to modify or replace this EULA at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Website and Services after those revisions become effective, 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 Website or Services.

13. Severability

If any provision of this EULA is held to be invalid, illegal, or unenforceable for any reason by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

14. Entire Agreement

This EULA constitutes the entire agreement between you and the Company regarding your use of the Website and Services and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

15. Contact Information

If you have any questions about this EULA, please contact us using the following information:

  • Email: info@zapamortgage.com
  • Phone: 832-495-4068
  • Mailing Address: 5326 W Belfort St, #109 Houston, TX 77035 United States

16. No Third-Party Beneficiaries

Nothing in this EULA is intended to confer any rights or remedies upon any person other than the parties to this EULA.

17. Assignment

You may not assign or transfer this EULA, by operation of law or otherwise, without the Company's prior written consent. Any attempt by you to assign or transfer this EULA without such consent will be null and void. The Company may assign or transfer this EULA at its sole discretion without restriction.

18. Waiver

No waiver of any term of this EULA shall be deemed a further or continuing waiver of such term or any other term, and the Company's failure to assert any right or provision under this EULA shall not constitute a waiver of such right or provision.

By accessing or using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this EULA.