Application. Each Lender applying to participate in the Service is required to submit an application.
1. Use of Information. Zillow may use the information in the application to determine, in Zillow's sole discretion, whether to confirm the Lender's participation in the Service. The Lender agrees that Zillow may disclose the application information to its third-party provider(s) who assist in background checks, license confirmations, or other processes involved in the review of applications. Zillow may require a Lender's Social Security number or other tax identifier as part of the application. Zillow and its third-party provider(s) will only use a Social Security number for purposes of confirming the Lender's identity or as part of a background check process. Zillow uses encryption technology when collecting and storing the Lender's Social Security number, and limits access to personnel who have a need to use the number for purposes of the Lender's Service application.
2. Warranty. Lender warrants that all information provided in its application is true and complete.
3. Notice. Zillow will notify Lender via his or her account e-mail when the application decision has been completed.
The Service. Zillow enables borrowers to provide anonymous requests to Lenders for quotes on terms for home loans. Each Lender may elect to provide the borrower with a non-binding customized quote of the terms the Lender would offer to a borrower fitting the anonymous profile, as well as the Lender's contact information. These non-binding quotes are not intended to be Good Faith Estimates. Each request and any submitted quote(s) will be visible to other participants in the Service. The borrower may choose to contact any particular Lender through Zillow Mortgages, in which case the Lender agrees to respond promptly to the contact. Zillow also enables borrowers to (1) provide certain contact information to Lenders (“Contact,” which is included in the definition of “Service” for participating Lenders) or (2) request that Lenders pre-approve them for home loans (“Pre-approval”, which also is included in the definition of “Service” for participating Lenders). When borrowers submit the required information for a Lender to contact them or request pre-approval from a participating Lender, Zillow will create a contact for the selected Lender based on parameters established by the Lender. Participating Lenders agree to promptly contact borrowers whose contact information they receive through the Service. Any loan or other business conducted is between the Lender and the borrower. Borrowers may provide ratings or other feedback on the Lenders whom they contact after the Lenders respond to their quote requests, in connection with their submission of contact information or after the borrower submits a request for a pre-approval. Lenders may not rate themselves or other lenders.
3. The Role of Zillow; Disclaimer. Zillow has not confirmed any information in any request for quote, or pre-approval, any information about the borrower submitting any request, or any information in a borrower rating or feedback about any Lender. Zillow is not a lender, mortgage broker, loan originator, loan processor, or underwriter. Zillow does not aid or assist borrowers in obtaining loans, solicit borrowers or Lenders for loans, offer or negotiate terms of loans, or make loans or credit decisions in connection with loans. Zillow does not take applications for credit or issue pre-approval letters. Any request for quotes or pre-approval is not an application for credit. Zillow does not endorse or recommend any borrower or Lender or the products of any particular Lender. Nothing contained in the Service is an offer to lend or a commitment for a loan, and Zillow does not guarantee information provided by any borrower, any specific loan terms and conditions offered by a Lender, or that a borrower will be offered any type of loan by any Lender. Zillow is not an agent of either the borrower or any Lender. Zillow is only providing an administrative service to borrowers and Lenders. Decisions regarding pre-approval requests are made by participating Lenders and not Zillow. Zillow assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that the Lender takes based on the Service and any other information or other material on the Service.
4. Interruption or Discontinuance. Zillow may interrupt a Lenders participation in the Service or discontinue the Service at any time. Any Lender may cease to provide loan quotes or participate in any part of the Service at any time.
Fees to Zillow. Lenders pay Zillow for advertising within the Service as follows:
1. Prepayment. To participate in the Service, a Lender is required to prepay into an advertising account.
2. Respond to Quote Requests. Once funded, Lenders providing quotes may receive and respond to any number of quote requests.
3. Fees for the Service; Allocation. For Lenders participating in the Service, the Lender’s advertising account will be charged based on then-current Zillow pricing when a borrower contacts a Lender via telephone and when Zillow creates a contact based on the information provided by the borrower and parameters established by the Lender. Lenders participating in Contact and / or Preapproval and / or providing quotes using the Service agree that Zillow shall have sole discretion in allocating funds in the Lender accounts among payment for quotes, Preapproval and Contact.
4. Replenishing Account. The Lender may pay additional funds into the account at any time. If the Lender’s advertising account becomes depleted, and if the Lender does not replenish the account, Zillow may disable the Lender from providing more loan quotes or otherwise participating in the Service. Zillow may automatically charge a Lender’s credit card to replenish the Lender’s account in the event that the balance in a Lender’s account falls below a certain amount.
5. No Contact Information Outside of Permitted Locations. The Lender agrees not to provide contact information to Zillow borrowers outside of the Zillow Mortgages system. For example, Lenders shall not include contact information in the Lender Note on loan quotes or the "About" section of the Lenders Zillow Profiles. Notwithstanding the foregoing, a Lender may "opt in" to have Zillow add website URL links placed: (a) adjacent to each of the Lender's quotes on the quote shopping page; (b) on the quote details page for each of the Lender's quotes; and (c) within the Lender's profile.
6. Refund of Account. (a) For Unused Funds. The Lender may receive a refund of unused funds in the Lenders advertising account by telephoning Zillow sales or customer service. Zillow will process refunds within four (4) weeks. (b) Disputes. Zillow is not obligated to issue refunds in any circumstances.Â If a Lender is not satisfied with the quality or number of contacts that a Lender receives through its use of the Service, the Lender may choose to discontinue its use of the Service in the future by contacting Zillow sales or customer service.
7. Inactive Account. If a Lender has not been active on Zillow Mortgages in more than ninety (90) consecutive days, such Lender’s advertising account will be deemed an Inactive Account. Inactive Accounts will be closed. In the event that an Inactive Account has a balance of unused funds that is more than $10.00, the balance will be refunded to the Lender. A Lender with a balance of $10.00 or less in an Inactive Account will not receive a refund and the Lender agrees to forfeit any such amounts.
8. Fees Do Not Depend on Loan Funding. Zillow does not participate in any loan, and does not receive any fee that depends on which particular Lender a given borrower may choose to borrow from.
9. Free to Borrower. Use of Zillow Mortgages is free to the borrower.
10. Other Advertising. Lenders may also purchase from Zillow other advertising on Zillow's web site.
11. Additional Payment Terms. Charges are exclusive of taxes. The Lender is responsible for paying (i) all taxes and government charges, and (ii) reasonable expenses and attorneys’ fees Zillow incurs collecting unpaid amounts. To the fullest extent permitted by law, the Lender waives all claims relating to charges against the Lenders account, including without limitation any claims for charges based on suspected click fraud, (this does not affect the Lenders credit card issuer rights). Charges are solely based on Zillow's records and measurements, unless otherwise agreed to in writing. Nothing in these Lender Terms may obligate Zillow to extend credit to any party. The Lender acknowledges and agrees that any credit card and related billing and payment information that the Lender provides to Zillow may be shared by Zillow with Zillow service providers, such as payment processors. Zillow may also provide information in response to valid legal process, or to establish or exercise its legal rights or defend against legal claims. Zillow shall not be liable for any use or disclosure of such information by such third parties.
In addition to and notwithstanding the foregoing, for so long as Lender maintains an account with Zillow, Lender grants Zillow an irrevocable, perpetual, worldwide license to use and publicize the trademarks, trade names, service marks, logos, domain names, and other distinctive brand features of Lender in any medium or format whatsoever now existing or hereafter created for Zillow’s own advertising, publicity, promotion and other commercial and business purposes, without further consent from or royalty, payment or other compensation to Lender.
Intellectual Property. The Service is the property of Zillow, and subject to the intellectual property rights of Zillow and its licensors. 2010-2015 Zillow, Inc. All rights reserved.
NO WARRANTY. ZILLOW PROVIDES THE SERVICE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH THE LENDER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZILLOW AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. ZILLOW AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
-- Updated May 2015