Updated January 1, 2021
1. Ember Group’s Role. Ember GROUP, INC. DOES NOT, AND THE SERVICES ARE NOT INTENDED TO, PROVIDE FINANCIAL OR REAL ESTATE ADVICE. Ember GROUP, INC. IS NOT A LENDER OR BROKER REPRESENTING YOU OR ANOTHER USER.
Ember Group does not: (a) act as an agent for you or any other user; (b) represent you or another user in the purchase, sale, or exchange of property, including any negotiation thereof; or (c) lease or rent, offer to lease or rent, or negotiate the lease of property or otherwise aid or assist in the lease of property. Ember Group assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that consumers take based on the Services or any other information available through or in connection with the Services.
3. Referrals. While you are not responsible for making referral payments to Ember, as part of the Services, Ember may be paid valuable consideration in exchange for your referral to a real estate professional ("real estate Referral"). You authorize Ember to make such real estate Referral and acknowledge Ember may be paid valuable consideration for facilitating such referral.
5. Use of the Services; Restrictions.
6. Prohibited Use. BY USING THE SERVICES, YOU AGREE NOT TO:
use information provided by Ember Group through the Services in making any loan-related decisions;
provide/post/authorize a link to any of the Services (including but not limited to an agent profile page) from a third-party website that is not a real estate-related website owned or operated by a real estate or lending professional or institution;
remove or modify any copyright or other intellectual property notices that appear in the Services;
use the Services for resale, service bureau, time-sharing or other similar purposes;
use the Services in any way that is unlawful, or harms Ember Group, its service providers, suppliers, or any other user;
distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services;
impersonate another person or misrepresent your affiliation with another person or entity;
reproduce, publicly display, or otherwise make accessible on or through any other website, application, or service any reviews, ratings, and/or profile information about real estate, lending, or other professionals, underlying images of or information about home listings, or other data or content available through the Services, except as explicitly permitted by Ember Group for a particular portion of the Services;
upload invalid data, viruses, worms, or other software agents to the Services;
interfere with, or compromise the system integrity or security of the Services, or otherwise bypass any measures Ember Group may use to prevent or restrict access to the Services;
conduct automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing "captcha" or similar precautions, and any other automated activity with the purpose of obtaining information from the Services) on the Services;
use any of Ember Group's trademarks without approval, including but not limited to using them as part of your business name, screen name or email address on the Services;
access or use any of the Services to develop competitive products or services; or
attempt to, or permit or encourage any third party to, do any of the above.
B. Subscriptions. The Services may include features that allow for automatically recurring payments for periodic charges ("Subscription Service"). If you decide to activate a Subscription Service, you authorize Ember Group to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The subscription will continue unless and until you cancel your subscription, or we terminate it. You must cancel your Subscription Service before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). Ember Group may change the subscription fee for any subsequent subscription period but will provide you advance notice of any increase before it applies. Unless otherwise stated in your product-specific agreement, you may cancel a Subscription Service by contacting us at: [email protected], by contacting your business consultant, or through your settings page for the paid feature.
8. User Materials.
9. Third Party/Linked Services/Sent information.
B. Certain Third-Party Services.
(i) Non-Affiliated Financial Products. If you choose to contact a non-affiliated bank, lender, financial institution, originator, loan broker, or other mortgage professional through the Services by filling out a contact, other request form or otherwise indicating your interest in contacting (or being contacted by) a Third-Party Provider (including requests for rate quotes) on the Services, you authorize Ember Group, and Ember Group Marketplace, Inc. in particular (and, in the event that the Third-Party Provider is a bank, lender, financial institution, originator, loan broker or other mortgage professional, each a "Lender," you authorize Ember Group Marketplace, Inc. in particular) to provide the information you submit to the Third-Party Provider. If you include your name, contact information and other information in a request, your identity will no longer be anonymous to the Third-Party Provider. Your submission of information and any request for quotes through the Services is not an application for credit. Ember Group is only providing an administrative service to consumers and participating Lenders. Decisions regarding Lenders contacting consumers are made by participating Lenders and not Ember Group. These non-binding quotes are not intended to be official Loan Estimates. By using these features, the disclosures and consent required under certain state laws are deemed to be provided, received, and agreed to. Interest rates displayed through the Services are for information purposes only and reflect non-binding customized quotes of the terms a Lender might offer a borrower fitting a consumer’s anonymous profile. Actual interest rates may vary. Loan approval standards are established and maintained solely by individual Lenders. Consumers should rely on their own judgment in deciding which available loan product, terms, and Third-Party Provider best suit their needs and financial means. Except for services offered by ZHL, Ember Group: (a) is not a Lender, loan originator, loan processor or underwriter; (b) does not aid or assist borrowers in obtaining loans, solicit borrowers or Lenders for loans, offer or negotiate terms of loans; (c) does not take mortgage applications, make loans or credit decisions or pre-approve borrowers for loans; (d) is not an agent of either any consumer or any Lender; (e) does not endorse, refer or recommend any Third-Party Provider that pays Ember Group or the products of any Third-Party Provider that pays Ember; (f) is not responsible for any errors or delays caused by consumers or any Third-Party Provider in the loan process; and (g) does not guarantee offer of, or acceptance into, any particular loan program or specific loan terms, conditions, or rates with any Third-Party Provider, or that any rates or terms will be the best available.
(ii) Rental Products. If you choose to submit your information in order to submit a background or credit check, you are subject to the Checkr and Experian terms as described in Section 9(C) below. Ember Group does not process or store background or credit check information, and does not control how a landlord uses background or credit check information in evaluating its applications. Ember Group does not guarantee any acceptance by a landlord of an application, but does require all landlords using the Services to comply with the Fair Housing Act and other applicable laws.
C. Additional Terms for Third Party Services. Certain aspects of the Services include third-party tools that are subject to additional third-party terms, including, but not limited to, the following:
(iii) Stripe. Some of the Services allow you to use Stripe Connect to make payments to other users, and may include additional processing or application fees detailed when you choose to connect to Stripe. Your use of Stripe is subject to the Stripe Connected Account Agreement, available at https://stripe.com/us/connect-account/legal. Additionally, by using Stripe, you agree not to use Stripe (and the Services generally) for any Prohibited Business purposes, as listed at https://stripe.com/us/prohibited-businesses.
Intellectual Property Notices:
Certain content on the Services is owned by ZIP+4 data, United States Postal Service, and Yahoo! Inc. The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved. Ember Group does not assert copyright or grant any rights to the underlying images or descriptions of home listings provided through the Services. Any use of these images and descriptions is subject to the copyright owner's permission and the requirements of applicable law.
11. Feedback. Feedback. If you choose to provide input and suggestions regarding the Services, including related to any Ember Group Materials (“Feedback”), then you hereby grant Ember Group an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including the improve the Services or create other products and services.
12. DMCA; Claims of Copyright Infringement. Ember Group respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify Ember Group's copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
a. Identification of the copyrighted work that you claim has been infringed;
b. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
c. Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
d. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.
Notices of copyright infringement claims should be sent as follows:
If relating to content on Trulia.com and related websites: [email protected]
Otherwise: info [at] ownEmber.com
If you give notice of copyright infringement by e-mail, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
21. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.