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Terms and Conditions

Last Revised: July 7, 2023

Effective Date: [Insert Effective Date]

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE ZAPAMORTGAGE.COM WEBSITE OR ANY OF OUR SERVICES. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, PLEASE DO NOT USE OUR WEBSITE OR SERVICES.

1. Introduction

Welcome to zapamortgage.com ("Website"), operated by ZAPA Mortgage Inc. ("Company," "we," "us," or "our"), located at 5326 W Belfort St, #109, Houston, TX 77035, United States. These Terms and Conditions ("Terms") govern your access to and use of the Website and any services provided by the Company (collectively referred to as the "Services").

By accessing or using the Website, you ("User," "you," or "your") agree to comply with and be bound by these Terms. If you do not agree to these Terms, please refrain from using the Website or Services.

2. Definitions

  • "Services" refers to all products, services, features, content, or functionalities provided by the Company through the Website, including but not limited to mortgage applications, consultations, and informational resources.
  • "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.
  • "Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with the Company.

3. Use of the Website and Services

3.1. Eligibility:

You must be at least eighteen (18) years old to use the Website and Services. By using the Website and Services, you represent and warrant that you meet this age requirement and have the legal capacity to enter into binding contracts.

3.2. Account Registration:

To access certain features of the Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.3. Permitted Use:

You agree to use the Website and Services only for lawful purposes and in accordance with these Terms. You agree not to use the Website or Services:

  • In any way that violates any applicable federal, state, local, or international law or regulation.
  • To exploit, harm, or attempt to exploit or harm minors in any way.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website or Services, or which, as determined by us, may harm the Company or users of the Website or Services or expose them to liability.

4. Intellectual Property Rights

4.1. Ownership:

All rights, titles, and interests in and to the Website, Services, Content, and any software used to provide the Services are owned by the Company or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

4.2. Limited License:

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and Services for your personal, non-commercial use.

4.3. Restrictions:

You agree not to:

  • Reproduce, distribute, modify, create derivative works of, publicly display, or publicly perform any Content without our prior written permission.
  • Remove, alter, or obscure any proprietary notices (including copyright and trademark notices) contained in or on the Website or Services.
  • Use any automated system, including "robots," "spiders," or "offline readers," to access the Website or Services in a manner that sends more request messages to the servers than a human can reasonably produce in the same period by using a conventional on-line web browser.

5. User-Generated Content

5.1. Responsibility:

You are solely responsible for any Content that you upload, post, email, transmit, or otherwise make available through the Website or Services ("User-Generated Content"). You agree not to post any User-Generated Content that:

  • Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
  • Contains defamatory, libelous, or unlawful statements about a person or entity.
  • Contains material that is obscene, indecent, abusive, offensive, harassing, violent, or otherwise objectionable.
  • Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group.

5.2. Monitoring and Enforcement:

We reserve the right, but do not have an obligation, to monitor, edit, remove, or disable access to any User-Generated Content at our sole discretion.

5.3. License:

By posting User-Generated Content, you grant the Company a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Website and Services.

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. Disclaimers

7.1. No Warranty:

The Website and Services are provided on an "as is" and "as available" basis. The Company disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and course of performance.

7.2. No Liability for Content:

The Company does not warrant the accuracy, completeness, or reliability of any Content available on the Website or Services. Any reliance you place on such Content is strictly at your own risk.

7.3. Third-Party Content:

The Website and Services may contain links to third-party websites, services, or resources. The Company does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such third parties.

8. 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, which may be transmitted to or through the 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 your use of any Content posted, emailed, transmitted, or otherwise made available through the Website or Services.

8.1. Maximum Liability:

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

9. 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 these Terms.
  • Your violation of any third-party right, including without limitation any intellectual property or privacy rights.

This indemnification obligation will survive the termination of these Terms and your use of the Website and Services.

10. Governing Law and Dispute Resolution

10.1. Governing Law:

These Terms 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.

10.2. Dispute Resolution:

Any dispute arising out of or relating to these Terms 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.

10.3. No Class Actions:

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

11. Changes to These Terms

The Company reserves the right, at its sole discretion, to modify or replace these Terms 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.

12. Severability

If any provision of these Terms 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.

13. Entire Agreement

These Terms constitute the entire agreement between you and the Company regarding your use of the Website and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

14. Contact Information

If you have any questions about these Terms, please contact us using the following information:

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

15. No Third-Party Beneficiaries

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

16. Assignment

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

17. Waiver

No waiver of any term of these Terms 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 these Terms shall not constitute a waiver of such right or provision.