By applying to participate in the services offered by Zillow Group Marketplace, Inc. (collectively, the “Service”) a Washington corporation and a wholly owned subsidiary of Zillow Group, Inc. (with its subsidiaries, “Zillow Group”), banks, lenders, financial institutions, originators, loan brokers, other mortgage professionals and their employees participating in the Service (each a “Lender”) agree to be bound by these Lender Terms of Use (“Terms of Use”). These Terms of Use will bind all Lenders who participate in the Service.
Section 1: Submission of Information. Each Lender applying to participate in the Service is required to submit certain personal and / or business information (“Lender Information”).
- (a) Use of Information. Zillow Group may use Lender Information to determine, in Zillow Group’s sole discretion, whether to permit the Lender’s participation in the Service. Lender agrees that Zillow Group may disclose Lender Information to third-parties who assist in license confirmations or other processes involved in the review of Lender Information.
- (b) Warranty. Lender represents and warrants that all Lender Information, Submissions (as defined below) and other material provided by or on behalf of Lender to Zillow Group are, and will continue to be true, accurate, complete, and in compliance with applicable law for the duration of the Term (as defined below). Additionally, Lender represents and warrants that Lender is in good standing with the jurisdiction where Lender may be licensed or, if applicable, organized.
Section 2: The Service. Zillow Group, through its subsidiary, Zillow Group Marketplace, Inc., enables consumers to provide anonymous requests to Lenders for quotes on terms for home loans (the “Quotes Service” which is included in the definition of Service). Via the Quotes Service, Lenders may elect to provide consumers with a non-binding customized quote of the terms the Lenders would offer to a consumer fitting the anonymous profile. Lender agrees that Lender will not receive an application (as defined in the Truth in Lending Act, the Real Estate Settlement Procedures Act, the Home Mortgage Disclosure Act, any other state or Federal statute or any rule or regulation promulgated under any of the foregoing) via the Service, and that its non-binding quotes are not intended to be official loan estimates. Each request and any submitted quote(s) may be visible to other participants in the Service. The consumer may choose to contact any particular Lender through the Service, in which case the Lender agrees to respond promptly to the contact. Zillow Group, through its subsidiary Zillow Group Marketplace, Inc., also enables consumers to provide certain information, via an online questionnaire, to Lenders (“Long Form,” which is included in the definition of “Service”). From time to time, Zillow Group may send to Lenders contact information submitted by a consumer through methods other than the Quotes Service and Long Form, including contacts received via telephone (such distribution of contacts, also included in the definition of the “Service”). When consumers submit the required information for a Lender to contact them through any part of the Service, Zillow Group may create a contact for the applicable Lender based on parameters established by the Lender. Lenders agree to accept consumer contact information received through any and all parts of the Service. Lenders agree to promptly contact consumers whose contact information they receive through the Service. Any loan or other business conducted is between the Lender and the consumer, and Lender is fully responsible for complying with all laws, rules, and regulations in connection with such business, including all obligations to provide consumers with relevant disclosures or any brochures. Consumers may provide ratings, reviews or other feedback with respect to Lenders they contact or who contact them. Lenders may not rate themselves or other lenders.
- (a) Lender Responsibility. The Lender is solely responsible for its communication with and services for any consumer in connection with the Service. The Lender agrees to not use the Service in any way that breaches Zillow Group’s Good Neighbor Policy, Code of Conduct, NMLS Data Terms, or any other code of conduct, policy, or notice posted on or distributed in connection with the Service. Further, Lender agrees to comply with, and be bound by, Zillow Group’s Review Guidelines. Each Lender agrees not to use the Service in any way that is unlawful, or harms Zillow Group, its service providers, suppliers or any consumer. Each Lender agrees to indemnify Zillow Group and its affiliates, and each of the foregoing’s officers, directors, employees, agents, and successors and assigns from and against any and all claims, demands, costs, actions, suits, liabilities, losses, settlements, judgments, 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 Service or any part of the Service, (ii) violation of these Terms of Use, (iii) any loan, other business, or other communication by the Lender with consumers or (iv) Lender’s violation of the Telephone Consumer Protection Act of 1991 .
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 directly or indirectly related to such agreements shall be between the Lender and the third party and shall not include Zillow Group or any of its affiliates. Zillow Group 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. Notwithstanding the foregoing, under no circumstances is Zillow Group obligated to provide instructions to, receive or store information or documentation transmitted by such third party service providers, or transmit data, documentation or other information to such third parties.
- (b) Compliance with Laws. The Lender will comply with all applicable federal and state laws, rules and regulations in all of its Submissions, its use of the Service and in any business operations conducted pursuant to these Terms of Use. The Lender shall ensure that the Lender and all of its employees, consultants, and business associates conducting business related to the Service are in compliance with all federal, state or other laws or regulations applicable to them in their professional capacities as mortgage bankers, mortgage brokers, mortgage professionals or any other regulated field or occupation, except as promptly disclosed, in writing, to Zillow Group. The Lender will only operate in, respond to quote requests and contacts from, jurisdictions where the Lender is licensed or otherwise authorized to operate by applicable law. Each Lender will cooperate with Zillow Group 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.
Each Lender that is licensed or operates in the states identified below hereby certifies the following:
- (i) New York: Lender acknowledges that it is aware of, and in compliance with, New York Executive Law §296-a.
- (ii) Massachusetts: Lender agrees that it shall maintain records in accordance with section 42.09 of Title 209 of the Code of Massachusetts Regulations (CMR), and further agrees that, upon request from, and in the manner directed by, Zillow Group, it shall provide any documentation or records covered by 209 CMR §42.09 to the Massachusetts Division of Banks.
- (c) The Role of Zillow Group; Disclaimer. Zillow Group has not confirmed any information in any request for a quote, any information about the consumer submitting a request, or any information in a consumer rating or feedback about any Lender. Zillow Group is not a lender, loan originator, loan processor, or underwriter. Zillow Group does not aid or assist consumers in obtaining loans, solicit consumers or Lenders for loans, offer or negotiate terms of loans, or make loans or credit decisions in connection with loans. Zillow Group does not take applications for credit or issue pre-qualification or pre-approval letters. Any request for quotes or submission of information through Long Form is not an application for credit. Zillow Group does not endorse, refer or recommend any consumer, any Lender or the products of any Lender. Nothing contained in the Service is an offer to lend or a commitment for a loan, and Zillow Group does not guarantee information provided by any consumer, any specific loan terms and conditions offered by a Lender, or that a consumer will be offered any type of loan by any Lender. Zillow Group is not an agent of either the consumer or any Lender. Zillow Group is only providing an administrative service to consumers and Lenders. Decisions regarding requests are made by participating Lenders and not Zillow Group. Zillow Group 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.
- (d) Licenses. Zillow Group Marketplace, Inc. is a wholly-owned subsidiary of Zillow, Inc. headquartered at 2600 Michelson Drive Suite 834, Irvine, CA 92612. Zillow Group Marketplace, Inc.’s Nationwide Multistate Licensing System (NMLS) Identification Number is 1303160. To see a complete list of Zillow Group Marketplace, Inc.’s licenses, see Licensing and Disclosures.
- (e) Duration. The initial term (“Initial Term”) for Lender’s participation in the Service shall commence upon the date that Lender accepts these Terms of Use (the “Effective Date”) and shall remain in effect for six (6) months from the Effective Date. Lender may not cancel Lender’s participation in the Service during the Initial Term. Upon expiration of the Initial Term, Lender may terminate, or modify down Lender’s participation in the Service upon no less than twenty-one (21) days prior written notice to Zillow Group. These Terms of Use shall remain in effect from the Effective Date until Lender terminates its participation in the Service or Zillow Group terminates Lender’s participation in the Service or discontinues the Service, whichever occurs first (such period, including the Initial Term, the “Term”). Notwithstanding the foregoing, Zillow Group may interrupt or terminate a Lender’s participation in the Service or discontinue the Service at any time, for any reason or no reason at all, including during the Initial Term.
- (f) Privacy. Through the Service, Lender may receive information relating to consumers which may be subject to state and federal laws and regulations pertaining to the privacy and disclosure of consumer and personal information. Lender shall comply with all such laws and regulations, including any regulatory or industry guidance applicable to Lender. In particular, Lender shall not use or disclose any information regarding consumers received through the Service for any purposes other than those specifically contemplated by these Terms of Use and shall not disclose any such information to any third party, other than to affiliates or service providers as necessary to effect the services contemplated by these Terms of Use or as required by law. Lender is solely responsible for ensuring that its affiliates and service providers maintain the privacy of consumer and personal information in accordance with these Terms of Use and applicable law.
- (g) Security. At all times while Lender is a participant in the Service, and at all times thereafter while Lender may be in possession of information regarding consumers received through the Service, Lender shall maintain a written information security program designed to protect the confidentiality and integrity of any consumer information received through the Service. Lender will maintain at all times appropriate physical, technical, and administrative measures to protect all consumer information against accidental loss or unauthorized access, use, disclosure, acquisition, alteration, damage, or destruction. Lender is responsible for ensuring its compliance with these Terms of Use and applicable law when sharing consumer information with affiliates or service providers as permitted by these Terms of Use, and Lender shall ensure all that such third parties implement and maintain appropriate security safeguards.
Section 3: Fees. Lenders pay Zillow Group Marketplace, Inc. for the Service as follows:
- (a) Prepayment. To participate in the Service, a Lender is required to prepay a minimum of $975 (or higher, as determined by Zillow Group in its sole discretion). Zillow is not obligated to refund any prepaid amounts or to otherwise issue refunds in any circumstances.
- (b) Respond to Quote Requests. Once funded, Lenders providing quotes using the Service may receive and respond to any number of quote requests. The Lender decides which quote requests to respond to.
- (c) Fees for the Service; Allocation. For Lenders participating in the Quotes Service and / or Long Form, a Lender’s account will be charged based on then-current Zillow Group pricing when a consumer contacts a Lender via telephone (a “Contact”) and when Zillow Group creates a contact based on the information provided by the consumer and parameters established by the Lender (also a “Contact”). Lenders participating in the Service agree that Zillow Group shall have sole discretion in allocating funds in the Lender accounts among payment for the Quotes Service, Long Form and any other part of the Service through which Lenders receive a Contact.
- (d) Replenishing Account. During the Initial Term, Lender understands and agrees to pay for and purchase up to, at minimum, $975 per month in Contacts. Further, Lender authorizes Zillow Group to automatically charge a Lender’s credit card each calendar month to replenish Lender’s account in the event that (1) in any month during the Initial Term (a) Lender has spent less than $975 in connection with purchasing Contacts through Long Form in such calendar month and (b) Lender’s account balance falls below the difference between $975 and the amount Lender has spent in connection with purchasing Contacts using Long Form in that month or (2) the balance in Lender’s account falls below $200 at any time while participating in the Service. The Lender may pay additional funds into the account at any time. If the Lender’s account becomes depleted, and if the Lender does not replenish the account, Zillow Group may disable the Lender from providing more loan quotes, receiving contacts or otherwise participating in the Service. For the purposes of clarity, no provision of these Terms of Use shall be interpreted to require, and under no circumstances is Zillow Group required to, deliver any minimum number of Contacts to Lender, in any period.
- (e) No Contact Information Outside of Permitted Locations. The Lender agrees not to provide contact information to Zillow Group consumers outside of the Service. For example, Lenders shall not include contact information in the Lender Note on loan quotes or the “About” section of the Lenders Profiles on Zillow Group websites.
- (f) Refund of Account.
- (1) Following the Initial Term, a Lender may request a refund of unused funds in the Lender’s account by contacting Zillow Group sales. If Zillow Group determines it will provide a refund, it will process refunds within four (4) weeks. Zillow Group will not issue refunds for amounts of $10.00 or less and Lender agrees to forfeit such amounts.
- 2) Notwithstanding the foregoing, Zillow Group is not obligated to issue refunds in any circumstances. If a Lender is not satisfied with the quality or number of Contacts that a Lender receives through its use of the Service, or for any reason the Lender is unsatisfied with the Service, the Lender may choose to discontinue its use of the Service in the future by contacting Zillow Group sales.
- (g) Inactive Account. If a Lender has not been actively using the Service in more than thirty (30) consecutive days, such Lender’s account may be deemed an Inactive Account. In the event that a Lender with an Inactive Account requests a refund, if the Inactive Account has a balance of unused funds that is more than $10.00, the balance may 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. Notwithstanding the foregoing, Zillow Group is not obligated to issue refunds in any circumstances.
- (h) Fees Do Not Depend on Loan Application or Funding. Zillow Group does not receive loan applications, does not participate in any loan, and does not receive any fee that depends on which particular Lender a given consumer may choose to borrow from, whether an application is received, or whether a loan transaction is consummated.
- (i) Free to Consumer. Use of the Service is free to consumers.
- (j) Other Zillow Services. Lenders may also purchase from Zillow Group other services on Zillow Group’s websites.
- (k) 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 Group incurs collecting unpaid amounts. Lender is additionally responsible for updating Lender’s credit card and other payment information promptly to keep the account current, complete and accurate. This includes, but is not limited to, any changes to Lender’s credit card number, billing address, and card expiration date. Zillow Group may try to update Lender’s credit card information, either directly or indirectly, through third party payment card updating services supported by Lender’s card provider, and Lender authorizes Zillow Group to continue billing Lender’s account with the updated information Zillow Group obtains. Such “updater” services may not be available for all credit cards, and Lender is ultimately responsible for ensuring that all credit card information is up-to-date. Lender authorizes Zillow Group to charge any of the credit cards provided to Zillow Group, and warrants that he/she is an authorized and lawful user of such credit card. If any payment fails, Lender authorizes Zillow Group to re-try one or more times any credit card associated with Lender’s account. Zillow Group reserves the right to reject any payment from, or use by Lender of, any prepaid or reloadable cards. To the fullest extent permitted by law, the Lender waives all claims relating to charges against the Lender’s account, including without limitation any claims for charges based on suspected click fraud (this waiver does not affect the Lender’s credit card issuer rights). Charges are solely based on Zillow Group’s records and measurements, unless otherwise agreed to in writing. Nothing in these Lender Terms may obligate Zillow Group 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 Group may be shared by Zillow Group with Zillow Group service providers, such as payment processors. Zillow Group may also provide information in response to valid legal process, or to establish or exercise its legal rights or defend against legal claims. Zillow Group shall not be liable for any use or disclosure of such information by such third parties.
Section 4: License. Zillow Group 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 consumers 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.
In addition to and notwithstanding the foregoing, for so long as Lender maintains an account with Zillow Group, Lender grants Zillow Group 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 Group’s own advertising, publicity, promotion and other commercial and business purposes, without further consent from or royalty, payment or other compensation to Lender.
Section 5: Quotes and Other Materials Provided by the Lender; Account Use; Privacy. For quotes submitted by or on behalf of a Lender or other materials, including without limitation any data, ads, artwork, copy, text, video or photos and any other information, that the Lender provides to Zillow Group in connection with the Service (collectively, “Submission”), the Lender grants Zillow Group a royalty-free, irrevocable, perpetual, worldwide right and license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, exploit and translate the Submission, in connection with the Service, Zillow Group or in any form, media, software or technology of any kind and (b) sublicense these rights, to the maximum extent permitted by applicable law. Zillow Group will not pay the Lender in connection with any Submission or based on the number of Submissions. Zillow Group may remove a Submission or any a part of a Submission at any time. For each Submission, the Lender represents and warrants that the Lender has all rights necessary to grant Zillow Group the rights in this paragraph and that the Submission complies with Section 2(b) (The Service – Compliance with Laws) above. Each Zillow Group 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 Group will treat use of the Service in accordance with its Privacy Policy.
Section 6: Changes. Zillow Group reserves the right to change these 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.
Section 7: Intellectual Property. The Service is the property of Zillow Group, and subject to the intellectual property rights of Zillow Group and its licensors. 2010-2017 Zillow, Inc. All rights reserved.
Section 8: NO WARRANTY. ZILLOW GROUP 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 GROUP AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. ZILLOW GROUP 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.
Section 9: LIABILITY LIMITATION; EXCLUSIVE REMEDY. IN NO EVENT WILL ZILLOW GROUP OR ANY SUPPLIER BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY 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. 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. IN NO EVENT WILL THE AGGREGATE LIABILITY OF ZILLOW GROUP OR ANY SUPPLIER, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE SERVICE, THESE TERMS OF USE OR LENDER’S USE OF THIS SERVICE, EXCEED THE FEES PAID BY LENDER TO ZILLOW GROUP DURING THE THREE (3) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH LIABILITY. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT. These limitations shall apply to the fullest extent permitted by law.
Section 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 reasonable attorneys’ fees and expenses.
Section 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 Services 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 Group 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 Group’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 Group with respect to the Service and supersede all prior or contemporaneous communications of any kind between the Lender and Zillow Group with respect to the Service. Lender’s use of other Zillow Group services besides the Service are governed by the Zillow Terms of Use.
— Updated August 2023
