Terms of Use

Zillow® Mortgage Marketplace — Lender Terms of Use

By applying for Zillow Mortgage Marketplace (the "Service") offered by Zillow, Inc. ("Zillow"), banks, lenders, originators, loan brokers, and their employees participating in the Service (each a "Lender") agree to be bound by the following Lender terms of use ("Terms of Use"). These terms will bind all Lenders who apply to or participate in the Service.

  1. Application. Each Lender applying to participate in the Service is required to submit an application and pay a non-refundable application fee.
    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 as part of the application. Zillow and its third-party provider(s) will only use that Social Security number for purposes of confirming the Lender's identity. 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. Fee. Zillow charges a one-time, non-refundable application fee to cover costs incurred in the application process.
    3. Warranty. Lender warrants that all information provided in the Application is true and complete
    4. Notice. Zillow will notify Lender via his or her account e-mail when the application decision has been completed.
  2. 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 Mortgage Marketplace, in which case the Lender agrees to respond promptly to the contact. Zillow also enables borrowers to request that Lenders pre-approve them for home loans (“Pre-approval”, which is included in the definition of “Service” for participating Lenders). When borrowers submit the required information and 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 who request pre-approval from the Lender through Zillow Mortgage Marketplace. 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 or the borrower submits a request for a pre-approval. Lenders may not rate themselves or other lenders.
    1. Lender Responsibility. The Lender is solely responsible for its communication with and services for any borrower in connection with the Service. The Lender agrees not to use the Service in any way that breaches the Good Neighbor Policy, the Zillow Mortgage Marketplace Code of Conduct or any other code of conduct, policy or notice on the Service. Each Lender agrees not to use the Service in any way that is unlawful, or harms Zillow, its service providers, suppliers or any other borrower. The Lender will indemnify Zillow, its officers, directors, employees, and agents from and against any and all claims, demands, costs, liabilities, losses, expenses and damages (including attorneys' fees, costs, and expert witnesses' fees) arising out of or in connection with (i) the Lender's use of the Services, (ii) violation of these Terms of Use, or (iii) any loan, other business, or other communication by the Lender with borrowers of the Service. The Service may include products or services provided by third parties with whom Lenders have written or other agreements. Lenders’ rights and responsibilities with respect to such third parties are governed by such agreements and applicable law, and any disputes related to such agreements shall be between the Lender and the third party only. Zillow assumes no responsibility for any defect in a product or service provided by such third parties or breach of agreements between Lenders and such third parties.
    2. Compliance with Laws. The Lender will comply with all applicable federal and state laws and regulations in its application and in any business operations conducted pursuant to these Terms of Use. The Lender shall ensure that the Lender and all of its business associates conducting business related to the Service is in compliance with all federal, state or other laws or regulations applicable to them in their professional capacities as mortgage bankers, mortgage brokers, or any other regulated field or occupation, except as promptly disclosed to Zillow. The Lender will only operate in, respond to quote requests from, and process requests for pre-approval from, jurisdictions where the Lender is licensed or otherwise authorized to operate by applicable law. If the Lender receives personal information about a borrower from Zillow, Lender agrees to maintain commercially reasonable safeguards to protect such information from unauthorized disclosure. Each Lender will cooperate with Zillow to investigate or enforce these Terms of Use, the Code of Conduct, and applicable laws and regulations, and with any inquiry or investigation by regulators or law enforcement officials related to the Service.
    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 a 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 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 Pre-approval at any time.
  3. Fees to Zillow. In addition to the one-time application fee as described in Section 1.b above, 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 for click payments.
    2. Respond to Loan Requests. Once funded, Lenders may receive and respond to any number of quote requests. The Lender decides which quote requests to respond to, and the Lender may set a maximum price per click.
    3. Charge for Clicks.The Lender's advertising account will be charged based on then-current Zillow pricing when a borrower clicks on:
      1. any link to view the details page for a loan quote provided by the Lender; and
      2. any of Lender's website URL links, as displayed by Zillow upon Lender request.
    4. Pre-approval.  For Lenders participating in Pre-approval, the Lender’s advertising account will be charged based on then-current Zillow pricing when Zillow creates a contact based on the information provided by the borrower and parameters established by the Lender.
    5. Replenishing Account. The Lender may pay additional funds into the account at any time. If the Lenders advertising account becomes depleted, and if the Lender does not replenish the account, Zillow may disable the Lender from providing more loan quotes or participating in Pre-approval.
    6. No Contact Information Outside of Permitted Locations. The Lender agrees not to provide contact information to Zillow borrowers outside of the Zillow Mortgage Marketplace 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.
    7. Refund of Account. 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.
    8. Inactive Account. If a Lender has not quoted on Zillow Mortgage Marketplace 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 less than $10.00 in an Inactive Account will not receive a refund and the Lender agrees to forfeit any such amounts.
    9. 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.
    10. Free to Borrower. Use of Zillow Mortgage Marketplace is free to the borrower.
    11. Other Advertising. Lenders may also purchase from Zillow other advertising on Zillow's web site.
    12. 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.
  4. License. Zillow grants the Lender a personal, nontransferable, nonexclusive license to use the Service as provided in these Terms of Use. The Lender may copy materials from the Service only to provide services to borrowers who contact the Lender through the Service. The Lender agrees otherwise not to reproduce, modify, distribute, decompile, disassemble or reverse engineer any portion of the Service.
  5. Quotes and Other Materials Provided by the Lender; Account Use; Privacy. For quotes submitted by a Lender or other materials the Lender provides to Zillow in connection with the Service (a "Submission"), the Lender grants Zillow an irrevocable, perpetual, worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, and translate the Submission, in connection with the Service, Zillow or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law. Zillow will not pay the Lender in connection with any Submission. Zillow may remove a Submission at any time. For each Submission, the Lender represents and warrants that the Lender has all rights necessary to grant Zillow the rights in this paragraph and that the Submission complies with Section 2 above. Each Zillow account is personal to the Lender, and the Lender may not share the account with others. The Lender is responsible for all actions taken via the Lender's account. Zillow will treat use of the Services in accordance with its Privacy Policy.
  6. Changes. Zillow reserves the right to change the Terms of Use, and each Lender is responsible for regularly reviewing these Terms of Use. The Lender's continued use of the Service after the effective date of such changes will constitute acceptance of and agreement to any such changes. If the Lender does not agree with the updated Terms of Use, the Lender should discontinue use of the Service.
  7. Intellectual Property. The Service is the property of Zillow, and subject to the intellectual property rights of Zillow and its licensors. 2010-2013 Zillow, Inc. All rights reserved.
  8. 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.
  9. LIABILITY LIMITATION; EXCLUSIVE REMEDY. IN NO EVENT WILL ZILLOW OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR THE LENDER'S USE OF THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF LENDER'S EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF LENDER DOES NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR THE LENDER HAS ANY DISPUTE OR CLAIM AGAINST ZILLOW OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICE, THEN THE LENDER'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND RECEIVE A REFUND OF ANY UNUSED ADVERTISING FEES.
  10. Choice of Law; Disputes. These Terms of Use are governed by the laws of the State of Washington, without giving effect to its conflict of laws provisions. The Lender agrees to submit to exclusive jurisdiction and venue in the state and federal courts sitting in King County, Washington for any and all disputes, claims and actions arising from or in connection with the Service and/or these Terms of Use. In any dispute arising under these Terms of Use, the prevailing party will be entitled to attorneys' fees and expenses.
  11. General. The Lender agrees not to export from anywhere any part of the Service provided to the Lender or any direct product thereof except in compliance with and with all licenses and approvals required under, applicable export laws, rules and regulations. All Service used by the U.S. Government are provided with the commercial license rights described herein. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. Zillow may assign these Terms of Use, in whole or in part, at any time with or without notice to the Lender. The Lender may not assign these Terms of Use, or assign, transfer or sublicense the Lender's rights, if any, in the Service. Zillow's failure to act with respect to a breach by the Lender or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use constitute the entire agreement between the Lender and Zillow with respect to the Service and supersede all prior or contemporaneous communications of any kind between the Lender and Zillow with respect to the Service. Lender's use of other Zillow services besides the Service are governed by the Zillow Terms of Use.
— Updated November 2013

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