Terms of Use

Acceptance of the Terms of Use

These terms of use are entered into by and between You and UpNest Home Loans LLC ("UpNest," "we," "us", or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the "Terms of Use"), govern your access to and use of our website, accessible at https://www.upnesthomeloans.com/ (the “Site”), including any content, functionality, and services offered on or through the Site, whether as a guest or a registered user.

THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Please read the Terms of Use carefully before you start to use the Site. By using the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, which can found be at https://upnesthomeloans.com/privacy and is incorporated in these Terms of Use by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.

This Site is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you are of legal age to form a binding contract with UpNest Home Loans and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Site.

Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Equal Housing Lender

UpNest Home Loans is an Equal Housing Lender. In accordance with federal law, we do not engage in business practices that discriminate on the basis of race, color, religion, national origin, sex, marital status, age (provided you have the capacity to enter into a binding contract), because all or part of your income may be derived from any public assistance program, or because you have, in good faith, exercised any right under the Consumer Credit Protection Act. The federal agency that administers our compliance with these federal laws is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC, 20580.

Accessing the Site and Account Security

We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Services, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Site.
  • Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Services or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or portions of the Site using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

You may cancel your account and membership to the Site at any time for any reason by delivering a written notice by email to support@upnesthomeloans.com with the subject line “Membership Termination Request.”

Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by UpNest Home Loans, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

  • Your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
  • You may store files that are automatically cached by your Web browser for display enhancement purposes;
  • You may print or download one copy of a reasonable number of pages of the Site and one copy of the Mobile App for your own personal, non-commercial use and not for further reproduction, publication, or distribution;
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications; and,
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this Services;
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or,
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Site or any other services or materials available through the Site.

If you wish to make any use of material on the Site other than that set out in this section, please address your request with the subject line “Material License Inquiry” to: support@upnesthomeloans.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by UpNest Home Loans. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

  • to modify, adapt, translate, or reverse engineer any portion of the Site;
  • in any way that violates any applicable federal, state, local, or foreign law or governmental regulation (including, without limitation, laws regarding the export of data or software to or from the United States or other countries) or for any fraudulent or malicious purposes, or to solicit any such activity;
  • to attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or other means;
  • for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
  • to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other solicitation or commercial purposes;
  • to impersonate or attempt to impersonate UpNest Home Loans, an UpNest Home Loans employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or,
  • to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm UpNest Home Loans or users of the Site, or expose them to liability.

Additionally, you agree not to:

  • use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities of the Site;
  • use any “deep-link,” “page-scrape,” robot, spider, or other automatic device, program, process, algorithm, methodology, or means to: (i) access, acquire, copy, or monitor any portion of the Site; (ii) reproduce or circumvent the navigational structure or presentation of the Site; or, (iii) obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site;
  • use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent;
  • frame or mirror any portion of feature of the Site, forge headers, or otherwise manipulate identifiers related to the Site or any portion thereof;
  • use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site;
  • introduce or transmit any viruses, Trojan horses, worms, logic bombs, time bombs, cancelbots, corrupted files, or other material that is malicious or technologically harmful;
  • attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;
  • attack the Site via a denial-of-service attack or a distributed denial-of-service attack;
  • circumvent or attempt to circumvent any security or authentication measures implemented by or on behalf of UpNest Home Loans;
  • otherwise attempt to interfere with the proper working of the Site; or,
  • violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of UpNest Home Loans, its parents, affiliates, or any other person or entity.

We reserve the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the Site, users, UpNest Home Loans, our brand, or any other person or entity, or that violates these Terms of Use and/or applicable laws, rules, or governmental regulations.

User Contributions

The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and/or other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "Post") content or materials (collectively, "User Contributions") on or through the Site. Except as described herein, UpNest Home Loans does not endorse the accuracy or reliability of any advice, opinion, statement, or information Posted by a user via the Interactive Services.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you Post to the site will be considered non-confidential and non-proprietary and may become public. You should not include any information in your User Contribution that you do not want other parties to see or use. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, disclose, copy, publicly perform, display, transmit, distribute, translate, reformat, incorporate, and otherwise use your User Contribution, along with your name, photograph, voice, likeness, and other information, content, or materials embodied therein, in whole or in part, and create derivative works therefrom, in any media now known or hereafter developed, and for any and all commercial or non-commercial purposes without compensation to you or anyone else. You also permit any user to access, display, view, store, and reproduce, for personal use only, your User Contribution as posted by us. UpNest Home Loans may, but shall not be obligated to, in our sole discretion, post any User Submission on the Site and identify you as the submitting party.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns;
  • Your User Contributions are accurate, current, and complete;
  • Your User Contributions do not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third parties including, but not limited to, any rights of privacy or publicity or any contractual right or obligation;
  • Your User Contributions and your use of the Site shall not violate any applicable law, rule, or regulation, including, without limitation, any applicable advertising or fair housing laws or regulations, or cause injury to any person; and,
  • All of your User Contributions do and will comply with these Terms of Use.

User Contributions may also include reviews or testimonials about the Site, UpNest Home Loans, and/or its products and services. You agree that any statements that you make about us, the Site, or any of our products or services in any User Contribution that you make accurately reflects your personal beliefs and experiences with us and our Services, products, and/or services, that any opinions submitted are true to the best of your knowledge, and are made of your own free will.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not UpNest Home Loans, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions Posted by you or any other user of the Site.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for UpNest Home Loans.
  • Disclose your identity or other information about you to any third party who claims that material Posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
  • Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use, including as a result of your provision of any information that is inaccurate, incomplete, or misleading.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone Posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS UPNEST HOME LOANS AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is Posted on the Site and cannot ensure prompt removal of objectionable material after it has been Posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations and must be accurate and complete. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is knowingly or intentionally false, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy;
  • Be likely to deceive any person;
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act;
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or,
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement Policy

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Services infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

  • Your physical or electronic signature;
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on or through the Site, a representative list of such works. For example, you may provide the title of the work, any ISBN number, or copyright registration numbers. You may also use URLs where the original copyrighted text appears.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material. This requires that you provide any search query that you used to locate allegedly infringing content, and the URL for each allegedly infringing search result.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • Include the statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
  • Include the following statement, under penalty of perjury: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

Our designated copyright agent to receive DMCA Notices is:

UpNest Home Loans LLC
ATTN: DMCA Compliance
856 Mitten Road
Suite 106
Burlingame, CA 94010
Email: compliance@upnesthomeloans.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on or through the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by UpNest Home Loans, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of UpNest Home Loans. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Site

We may update the content on the Site from time to time, but its content is not necessarily complete or up to date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Site

All information we collect through the Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Site and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent, which we may (but are not required to) provide to you be email or other electronic communication.

The Site may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Site.
  • Send emails or other communications with certain content, or links to certain content, on the Site.
  • Cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Site other than the homepage.
  • Otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Use of 3rd Party Services

You understand and agree that the real estate agents and others who appear on the Site or who may be referred by UpNest Home Loans are not employed by UpNest Home Loans. UpNest Home Loans is not responsible or liable for any acts or omissions created or performed by these third parties.

Links from the Site

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Google Analytics

Our Site uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the Site analyze how users use the site. The information generated by the cookie about your use of the Site (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Site, compiling reports on Site activity for website operators, and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however, please note that if you do this you may not be able to use the full functionality of this Site. By using this Site, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

Our Site also features Google Maps. Use of the Google Maps features on our Site are subject to Google’s legal notices, terms of service, and privacy policy for such services. You are encouraged to review their privacy policy, legal notices, and terms of service.

Messaging Policy

UpNest Home Loans offers an SMS messaging service. You may choose to opt-in to our SMS messaging service at your own discretion, and you may opt-out at any time. We will communicate with you via SMS for the purposes of service alerts and notifications. We may also send promotional messages. Participating carriers include AT&T, Boost Mobile, T-Mobile, Metro PCS, Verizon Wireless, Sprint, U.S. Cellular, Nextel, and Virgin Mobile. Carriers are not liable for delayed or undelivered messages. T-Mobile is not liable for delayed or undelivered messages. As always, message and data rates may apply. You will receive an average of 5 messages per week, but we may occasionally exceed this number in certain circumstances. If you have any questions about your text plan or data plan, please contact your wireless provider. You can cancel the SMS service at any time. To cancel, text "STOP" to 89669. We will respond with a single SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. You may, at any time, text "HELP" to 89669 for a brief help message. We will respond with instructions on how to use our service as well as how to unsubscribe. You may also contact UpNest Home Loans support at: +1 855-559-1080 or email us at support@upnesthomeloans.com. Users can subscribe to our notifications services while registering an account through the Site or by modifying your notifications preferences in the account settings page.

Geographic Restrictions

The owner of the Site is a corporation organized under the laws of the State of Delaware and based in the State of California in the United States. We provide the Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER UPNEST HOME LOANS NOR ANY PERSON ASSOCIATED WITH UPNEST HOME LOANS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER UPNEST HOME LOANS NOR ANYONE ASSOCIATED WITH UPNEST HOME LOANS REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, UPNEST HOME LOANS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL UPNEST HOME LOANS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless UpNest Home Loans, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (i) your use of and access to the Site, including any data or content transmitted or received by you, including any User Contributions or any information submitted via your account; (ii) your violation of any of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property rights, right of privacy, or right of publicity; and, (vi) any other party’s access and use of the Site with your unique username, password, or any other piece of information as part of our security procedures.

Governing Law and Jurisdiction

All matters relating to the Site and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of San Francisco and County of San Francisco, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

Any claim or controversy arising out of or relating to the use of the Site or to any acts or omissions for which you may contend UpNest Home Loans is liable, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination (“Dispute”), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitration shall take place in San Francisco, California. The arbitrator shall be selected pursuant to the AAA rules or from a list of arbitrators provided by UpNest Home Loans. Filing and other non-award costs will be paid for, in equal shares, by both parties except that the fee to the arbitrator will be paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand. Should any State or Federal law conflict with the above rules for resolving disputes or the AAA rules, such conflicting rules shall be severed from the enforceable rules and the enforceable rules shall survive and control the dispute resolution process. Any gaps left in the process due to severed rules shall be resolved at the discretion of the selected arbitrator.

Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in San Francisco, California. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND UPNEST HOME LOANS WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using UpNest Home Loans’ Services, you consent to these restrictions.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and UpNest Home Loans, you agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in San Francisco, California. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys’ fees.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by UpNest Home Loans of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of UpNest Home Loans to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy, and any other document applicable to the relationship between You and UpNest Home Loans as referenced and incorporated herein, constitute the sole and entire agreement between you and UpNest Home Loans regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

Your Comments and Concerns

The Site are operated by UpNest Home Loans LLC, located at the address listed below. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Infringement Policy, described above. All other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to us using the below contact information:

UpNest Home Loans LLC
856 Mitten Road
Suite 106
Burlingame, CA 94010
Email: compliance@upnesthomeloans.com
Phone: 1-855-559-1080

These Terms of Use were last modified on December 7, 2020.

4825-3416-4692, v. 1

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