Last Modified: July 17, 2026

PLEASE READ THESE TERMS OF USE CAREFULLY.

THEY CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. BY ACCEPTING THESE TERMS, YOU AGREE THAT MOST DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, NOT IN COURT, AND THAT YOU WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE ACTIONS, EXCEPT AS DESCRIBED BELOW.

THE TERMS ALSO CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, WITHOUT LIMITATION, TERMS AND CONDITIONS RELATED TO WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, LIMITATIONS ON PERIODS FOR ASSERTING CLAIMS, INDEMNIFICATION, AND GOVERNING LAW.

Acceptance of the Terms of Use

These terms of use are entered into by and between you and The Firm, LLC ("Company," "we," or "us"). 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 mortmonitor.com and the Company’s mortgage rate monitoring and refinance alert platform, including all related websites, web applications, mobile applications, downloadable software, content, functionality, and services (collectively, the “Services”), including any content, functionality, and services offered on or through the Services, whether you access the Services as a visitor or a registered user.

Please read the Terms of Use carefully before accepting them. By creating an account or clicking to accept these Terms of Use when the option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at mortmonitor.com/privacy, which is incorporated herein 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 Services.

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 when we post them on the Services or on such later effective date as may be specified in the updated Terms of Use, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set forth in these Terms of Use will not apply to any disputes for which the parties had actual notice before the effective date of such changes.

Your continued use of the Services 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 that you are aware of any changes, as they are binding on you.

Accessing the Services and Account Security

We reserve the right, in our sole discretion and without notice, to modify, suspend, discontinue, restrict, or terminate the Services or any feature, functionality, service, integration, or content made available through the Services, including mortgage rate monitoring, refinance alerts, document upload functionality, third-party authentication services, subscription offerings, or account features. We will not be liable if, for any reason, all or any part of the Services is unavailable at any time or for any period.

You are responsible for both:

• Making all arrangements necessary to access the Services; and

• Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.

To access certain features of the Services, you may be required to create an account, authenticate through a supported third-party provider or other authentication method made available through the Services, or provide registration information and other information relating to your mortgage, financial profile, or account preferences. You represent and warrant that all information you provide is accurate, current, and complete, and you agree to promptly update such information if it changes. You agree that all information you provide to register with this Website or otherwise, is governed by our Privacy Policy (mortmonitor.com/privacy), 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 this Website or portions of it 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 should use particular caution when accessing your account from a public or shared computer, mobile device, or other device so that others are not able to view or record your password or other personal information.

You are solely responsible for ensuring that any documents, including any mortgage-related information or similar financial documents, that you capture, upload, or otherwise submit to the Services are accurate and appropriate for submission, including that such documents will not contain additional information beyond what we have requested or any personal information of any other individual. By uploading any document, you represent that you have the right to provide it to the Company for processing in connection with the services offered through the Services and that you consent to such processing, including by third parties consistent with the Privacy Policy.

We reserve the right to suspend, restrict, disable, or terminate any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion and for any reason, if, in our opinion, you have violated any provision of these Terms of Use or applicable law.

Age Limitation

The Services are intended solely for individuals who are at least eighteen (18) years of age. By accessing or using the Services, you represent and warrant that you are at least eighteen (18) years old and have the legal capacity to form a binding contract with the Company and will use the Services only on your own behalf or on behalf of another person for whom you are legally authorized to act. If you do not satisfy these eligibility requirements, you must not access or use the Services.

Intellectual Property Rights

Except for User Content (as defined below), the Services and its entire contents, features, and functionality (including, without limitation, all information, software, text, displays, images, video, audio, user interfaces, databases, tools, features, functionality, mortgage monitoring and refinance alert capabilities, calculators, document processing functionality, analytics, and the design, selection, arrangement, and compilation thereof) are owned by the Company, 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.

Subject to your compliance with these Terms of Use, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your personal, non-commercial use in monitoring mortgage rates, evaluating potential refinancing opportunities, managing your account, uploading mortgage-related documents for processing, and receiving alerts and other functionality made available through the Services. You must not reproduce, distribute, modify, create derivative works of, publicly display, perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer 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 Services 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.

You must not:

• Modify copies of any materials from this Website.

• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.

• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, underlying ideas, algorithms, or methods of operation of the Services or any software made available through the Services, except to the extent expressly permitted by applicable law.

• Copy, scrape, extract, or otherwise collect any content, data, or materials made available through the Services for the purpose of creating or supporting another product or service or for any commercial purpose.

• Use any content, data, software, or other materials made available through the Services to develop, train, test, or improve any artificial intelligence, machine learning, or similar automated system without the Company's prior written consent.

You may not access or use the Services or any content, software, tools, alerts, reports, or other materials made available through the Services for any commercial purpose or for the benefit of any third party, except as expressly authorized by the Company in writing.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services 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 Services or any content, software, functionality, or other intellectual property made available through the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates, licensors, or other respective owners. You must not use such marks without the prior written consent of the applicable owner, except as expressly permitted by applicable law. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners. Reference to any third-party product, service, company, or trademark does not imply any affiliation with, sponsorship by, endorsement of, or approval by the Company unless expressly stated.

Prohibited Uses

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

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or other user names associated with any of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability.

• To provide false, inaccurate, misleading, or incomplete registration, account, mortgage, property, financial, or other information, or fail to keep such information current.

• To share your account credentials with another person or permit another person to access the Services through your account except as expressly authorized by the Company.

• To attempt to circumvent, avoid, or interfere with any subscription requirements, payment obligations, or access controls implemented by the Company.

• In any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services.

Additionally, you agree not to:

• Use any robot, spider, scraper, crawler, data mining tool, manual process, or other automated or manual means to access, monitor, scrape, extract, copy, or harvest any content, data, or other materials from the Services for any purpose not expressly authorized by these Terms of Use or without our prior written consent.

• Introduce, upload, transmit, or otherwise make available any viruses, Trojan horses, worms, logic bombs, malware, or other malicious code or technologically harmful material through or to the Services.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services; the server(s) or infrastructure on or through which the Services or any component thereof are provided or stored; or any server, computer, or database connected to the Services.

• Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.

• Interfere with, misuse, or attempt to gain unauthorized access to any third-party authentication, payment processing, analytics, data, or other third-party services integrated with or supporting the Services.

• Otherwise attempt to interfere with the proper working of the Services.

User Content

The Services may permit you to capture, upload, submit, transmit, or otherwise provide documents, information, data, images, communications, or other materials in connection with your use of the Services, including mortgage-related documents, account information, customer support communications, and other information (collectively, "User Content").

You retain all right, title, and interest in and to your User Content. Nothing in these Terms of Use transfers ownership of your User Content to the Company.

By submitting User Content through the Services, you grant the Company and its affiliates, service providers, contractors, successors, and assigns a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, transmit, display internally, and otherwise use your User Content solely as reasonably necessary to: operate, maintain, secure, and improve the Services; process uploaded documents regardless of the method of submission and extract relevant mortgage-related information; provide mortgage monitoring, refinance alerts, and other functionality; comply with applicable law, legal process, or governmental request; and enforce these Terms of Use.

You represent and warrant that:

• You own or otherwise have all necessary rights, permissions, and authority to capture, upload, submit, transmit, or otherwise provide the User Content and to grant the license described above.

• All of your User Content does and will comply with these Terms of Use.

• Your User Content is accurate, current, and complete to the best of your knowledge, and you will promptly update any information maintained through your account that is no longer accurate or complete.

You acknowledge that the Services may use automated technologies to process User Content, including documents you upload, in order to extract relevant mortgage-related information and provide the Services' functionality. You are solely responsible for your User Content, including its legality, accuracy, completeness, and appropriateness. The Company does not independently verify the accuracy or completeness of User Content and is not responsible for any loss, damage, inaccurate analyses, or inaccurate, incomplete, delayed, or missed alerts resulting from inaccurate, incomplete, or outdated User Content submitted by you.

Monitoring and Enforcement; Termination

We have the right to:

• Remove, reject, disable access to, decline to process, or require the re-submission of any User Content for any or no reason in our sole discretion.

• Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms of Use, infringes the intellectual property or other rights of any person or entity, contains false, inaccurate, misleading, or incomplete information, threatens the security or integrity of the Services, or could create liability for the Company.

• Disclose your identity or other information about you to any third party who claims that User Content submitted 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 Services.

• Suspend, restrict, or terminate your access to all or any part of the Services and any related applications or services if we reasonably determine that you have violated these Terms of Use, provided false, inaccurate, or misleading information, engaged in fraudulent or unauthorized activity, compromised or attempted to compromise the security or operation of the Services, or otherwise created risk or potential liability for the Company or its users.

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 submitting User Content on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY 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, verify, or monitor all User Content or other information submitted through the Services and cannot guarantee that such User Content complies with these Terms of Use or is accurate, complete, current, or suitable for any particular purpose. Accordingly, we assume no responsibility or liability for any User Content or for any action or inaction relating to the review, processing, removal, or retention of User Content. We have no liability or responsibility to any person or entity for the performance or nonperformance of the activities described in this section.

Copyright Infringement

If you believe that any User Content or other material available through the Services infringes your copyright, please notify us by contacting us at legal@mortmonitor.com with sufficient information to identify the copyrighted work claimed to have been infringed and the allegedly infringing material. The Company reserves the right to remove or disable access to allegedly infringing material and to suspend or terminate the accounts of repeat infringers or other users who violate the intellectual property rights of others, in appropriate circumstances and at the Company's discretion.

No Reliance on Information; No Financial Advice

The information, mortgage rate data, refinance alerts, calculators, analyses, estimates, and other content made available through the Services are provided for general informational purposes only. The Services are intended to assist users in monitoring mortgage rates and identifying potential refinancing opportunities, but it does not provide financial, legal, tax, accounting, investment, or lending advice, and nothing on the Services constitutes a recommendation or offer to refinance, obtain credit, or enter into any financial transaction.

The Services may include or rely upon information obtained from publicly available and third-party data sources. Although the Company seeks to use reliable sources and maintain the accuracy of the Services, we do not warrant or guarantee (and, accordingly, we disclaim) the accuracy, completeness, timeliness, reliability, or usefulness of any information, mortgage rate data, alerts, analyses, estimates, calculators, or other content made available through the Services.

Mortgage rates, lender requirements, loan terms, fees, and refinancing opportunities may change without notice and may vary based on your individual circumstances.

The accuracy and usefulness of the Services' alerts and analyses depend, in part, on the accuracy, completeness, and timeliness of the information you provide. You are solely responsible for ensuring that your account information, mortgage information, and other User Content remain accurate and current.

Your use of the Services and your reliance on any information made available through the Services are solely at your own risk. The Company does not guarantee that you will qualify for refinancing, obtain any particular interest rate or loan terms, achieve any financial savings or other benefit, or successfully complete any refinancing transaction. You are solely responsible for evaluating any refinancing opportunity and should consult with your lender and other qualified financial, legal, tax, or other professional advisors before making financial decisions.

Changes to the Services

We may modify, update, suspend, discontinue, or otherwise change the Services, including our mobile application, or any content, features, functionality, products, services, or material made available through the Services from time to time, with or without notice. Although we may update information made available through the Services from time to time, we do not represent or warrant (and, accordingly, we disclaim) that any content, mortgage rate information, alerts, analyses, calculators, or other materials made available through the Services are complete, accurate, current, or up to date. Any of the material on the Services 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 Services

All information we collect through or in connection with the Services, including our mobile application, is subject to our Privacy Policy (mortmonitor.com/privacy). By using the Services, including our mobile application, you acknowledge that your information will be collected, used, and disclosed in accordance with the Privacy Policy. Certain features and functionality of the Services require you to provide personal information and mortgage-related information in order to function properly. Your use of those features is subject to our Privacy Policy.

Fees, Payment, and Subscriptions

Certain features and functionality of the Services may require the purchase of a paid subscription. By purchasing a subscription, you agree to pay all applicable fees and charges associated with the subscription plan you select. All fees are stated in U.S. dollars unless otherwise indicated and are exclusive of any applicable taxes, which you are responsible for paying unless otherwise required by law.

Payments made through the Services or our mobile application are currently processed by Helcim, although we may change or add payment processors in our sole discretion. By providing a payment method, you authorize the Company and its payment processor(s) to charge your selected payment method for all applicable subscription fees, taxes, and other authorized charges in accordance with your selected subscription plan and these Terms of Use. The applicable subscription fee and billing frequency for your selected subscription will be presented to you before you complete your purchase, regardless of whether the purchase is made through the Services or a different method.

Unless otherwise disclosed at the time of purchase, your subscription will automatically renew at the end of each billing period until cancelled. By purchasing a subscription, you authorize the Company to automatically charge your designated payment method at the beginning of each renewal period, unless you cancel your subscription before the renewal date. If subscription pricing changes, the Company will provide any notice required by applicable law before the new pricing becomes effective. Failure to timely pay subscription fees may result in suspension or termination of your access to the Services and the loss of all data associated with your account.

You may cancel your subscription at any time through your account settings, through our mobile application (if applicable), or by emailing the Company at team@mortmonitor.com. Unless otherwise required by applicable law or expressly stated at the time of purchase, cancellation will become effective at the end of your then-current billing period. Except as otherwise provided elsewhere in these terms of Use, subscription fees that you have paid are non-refundable. The Company reserves the right to modify its subscription plans and pricing at any time, which may include the suspension or termination of the Services at any time in our discretion even if you have already paid for a longer subscription period. Any changes to recurring subscription fees will apply only to future billing periods after any notice required by applicable law has been provided.

For annual and pay-once subscriptions, you may cancel and seek a partial refund during the first year of your subscription. The partial refund will be equal to the amount you paid in subscription fees less the amount you would have paid if you had chosen the month-to-month plan. To cancel and request this partial refund for an annual or pay-once subscription, you can use the “Cancel” option in your account settings, which will calculate and process your refund automatically, or email us at team@mortmonitor.com. If you have any trouble cancelling or receiving a refund for your annual or pay-once subscription, please email us. Your cancellation will not be effective until we have confirmed it in writing. After you have subscribed to the Services for one (1) year, you may still cancel an annual or pay-once subscription at any time but you will not be entitled to any refund of all or any portion of the fees you paid for such subscription.

Third-Party Websites

The Services may contain links to third-party websites, applications, services, or resources for your convenience. The Company does not control, endorse, or assume responsibility for the content, products, services, privacy practices, or availability of any third-party websites or resources. Your use of any third-party website or application is at your own risk and is subject to that third party's terms and policies.

Geographic Restrictions

The owner of the Services is based in the United States. The Services are intended for use by individuals located in the United States in connection with residential mortgage loans and refinancing opportunities in the United States. The Company makes no representation or warranty (and, accordingly, we disclaim) that the Services or any content, features, or functionality made available through the Services are appropriate or available for use outside the United States. If you choose to access the Services from outside the United States, you do so at your own initiative and risk and you are solely responsible for complying with any applicable local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that the Services, or any files, documents, or other materials transmitted to or from the Services, will be free of viruses or other destructive code. You are responsible for implementing appropriate safeguards, including anti-virus protection and procedures for maintaining and reconstructing any lost data. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY 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 ARISING FROM YOUR USE OF THE WEBSITE, YOUR TRANSMISSION OF MATERIALS TO OR THROUGH THE WEBSITE, OR YOUR USE OF ANY THIRD-PARTY WEBSITE OR SERVICE LINKED TO OR INTEGRATED WITH THE WEBSITE.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES, FEATURES, FUNCTIONALITY, ALERTS, ANALYSES, CALCULATORS, DOCUMENT PROCESSING TOOLS, OR OTHER MATERIALS MADE AVAILABLE THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND ALL CONTENT, FEATURES, FUNCTIONALITY, SERVICES, ALERTS, ANALYSES, CALCULATORS, DOCUMENT PROCESSING TOOLS, AND OTHER MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION REGARDING THE COMPLETENESS, ACCURACY, TIMELINESS, RELIABILITY, SECURITY, AVAILABILITY, QUALITY, OR PERFORMANCE OF THE WEBSITE OR ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE WEBSITE.

WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT OR GUARANTEE THAT ANY MORTGAGE RATE INFORMATION, REFINANCE ALERTS, ANALYSES, ESTIMATES, CALCULATORS, OR OTHER INFORMATION MADE AVAILABLE THROUGH THE WEBSITE WILL BE ACCURATE, COMPLETE, CURRENT, TIMELY, OR SUITABLE FOR ANY PARTICULAR PURPOSE, OR THAT USE OF THE WEBSITE WILL RESULT IN ANY PARTICULAR FINANCIAL OUTCOME, REFINANCING OPPORTUNITY, OR SAVINGS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

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

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, 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 ACCESS TO, USE OF, OR INABILITY TO USE THE WEBSITE, ANY RELATED APPLICATIONS, ANY THIRD-PARTY WEBSITES OR SERVICES LINKED TO OR INTEGRATED WITH THE WEBSITE, OR ANY CONTENT, FEATURES, FUNCTIONALITY, SERVICES, OR MATERIALS MADE AVAILABLE THROUGH THE WEBSITE, 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 A REFINANCING OPPORTUNITY, LOSS OF USE, LOSS OF GOODWILL, AND LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND CONTRACTORS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS OF USE SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED DOLLARS (US $100); OR (B) THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY FOR USE OF THE WEBSITE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

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 the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, 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 your breach of these Terms of Use, including, but not limited to, your User Content or your submission of false, inaccurate, or misleading User Content, any use of the Services' content, functionality, or services other than as expressly authorized in these Terms of Use, your misuse of any information or materials obtained through the Services, or your infringement or alleged infringement of any intellectual property, privacy, or other rights of any third party.

Governing Law and Jurisdiction

All matters relating to the Services 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 Wisconsin without giving effect to any choice or conflict of law provision or rule (whether of the State of Wisconsin or any other jurisdiction).

Dispute Resolution: Arbitration Agreement; Class Action Waiver; Mass Arbitration Procedures

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

THIS SECTION REQUIRES MOST DISPUTES TO BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT. IT ALSO INCLUDES A JURY TRIAL WAIVER, A CLASS ACTION WAIVER, AND SPECIAL PROCEDURES THAT APPLY IF MULTIPLE SIMILAR CLAIMS ARE ASSERTED.

Except as expressly provided in this Section, you and The Firm, LLC agree that all disputes subject to this Arbitration Agreement will be resolved exclusively through binding individual arbitration rather than in court. To the fullest extent permitted by law, you and The Firm, LLC waive the right to a jury trial and the right to participate in a class, collective, consolidated, private attorney general, or representative action.

Disputes Covered.

This section applies to any dispute, claim, or controversy between you and The Firm, LLC, its affiliates, and their respective officers, employees, agents, service providers, and other intended third-party beneficiaries (collectively, “Related Parties”), arising out of or relating to:

• these Terms;

• your access to or use of the Services;

• any products or services offered through the Services;

• billing, payments, marketing, privacy, data security, advertising, consumer protection, contract, tort, statutory, or common-law claims; or

• the interpretation, enforceability, validity, formation, or scope of this Arbitration Agreement, except as expressly stated below.

This Arbitration Agreement does not apply to claims that applicable law prohibits from being arbitrated. If you use the Services on behalf of another person, including a minor, patient, family member, dependent, or person for whom you are a caregiver, guardian, agent, or personal representative, you represent that you have authority to accept these Terms on behalf of both yourself and that individual to the fullest extent permitted by law.

Notice of Dispute Required

Before initiating arbitration or filing any court action, the party asserting a dispute must provide a written Notice of Dispute. Notices to you may be sent to the contact information associated with your account or use of the Services. Notices to us must be sent to:

The Firm, LLC

1348 Armstrong Pl

Eau Claire, WI 54701

legal@mortmonitor.com

The Notice of Dispute must include the claimant’s name, contact information, a description of the dispute and supporting facts specific to the claimant, the relief requested, and the claimant’s personal signature. If a claim is asserted on behalf of another person, the Notice of Dispute must also identify that person and the claimant’s authority to act on that person’s behalf.

Attempted Informal Resolution Required

The parties will attempt in good faith to resolve the dispute for 60 days after receipt of a complete Notice of Dispute. Any applicable statute of limitations will be tolled during that period. The parties may voluntarily agree to mediate the dispute by telephone or videoconference, but neither party is required to participate in mediation unless applicable law requires otherwise.

Completion of this informal dispute-resolution process is a contractual condition precedent to arbitration or litigation. A court or arbitrator may stay or dismiss any proceeding filed before this process has been completed.

Binding Individual Arbitration

If the dispute is not resolved through the informal process, either party may initiate binding individual arbitration.

Consumer disputes involving individual users of the Services for personal, family, household, or similar non-commercial purposes will be administered by the American Arbitration Association under its Consumer Arbitration Rules.

Commercial disputes involving business users, providers, vendors, contractors, or other commercial parties will be administered by the American Arbitration Association under its Commercial Arbitration Rules.

The Federal Arbitration Act governs this Arbitration Agreement. Arbitration will be conducted remotely by video, telephone, or written submissions unless the arbitrator determines that an in-person hearing is necessary or the parties agree otherwise. The arbitration will be heard by one neutral arbitrator.

Arbitrator’s Authority.

Subject to these Terms and applicable law, the arbitrator may award any individual remedy that would be available in court, including statutory damages, attorneys’ fees, costs, declaratory relief, and injunctive relief to an individual claimant.

The arbitrator may permit only the discovery reasonably necessary to ensure a fair resolution of the dispute.

Except as expressly provided below, the arbitrator has the exclusive authority to decide issues relating to the interpretation, enforceability, validity, formation, and scope of this Arbitration Agreement. A court, and not the arbitrator, will to the extent required by applicable law decide issues concerning the enforceability or applicability of the class action waiver, consolidated proceeding waiver, public injunctive relief, or the mass arbitration provisions.

Class, Collective, Representative, and Consolidated Action Waiver

To the fullest extent permitted by law, you and The Firm, LLC agree that each may bring claims against the other only in an individual capacity and not as a plaintiff, claimant, class representative, class member, private attorney general, or representative in any class, collective, consolidated, coordinated, or representative proceeding, except as required by nonwaivable law or as provided in the mass-arbitration procedures below. This waiver applies in both arbitration and court proceedings.

Mass Arbitration

If 10 or more substantially similar Notices of Dispute or arbitration demands are submitted by or with the assistance, coordination, or cooperation of the same or coordinated counsel, law firms, organizations, or claimants, the claims will be treated as a “Mass Arbitration.”

Each claimant must first complete the Notice of Dispute process described above. Each Notice of Dispute and arbitration demand must be personally signed by the claimant and include claimant-specific facts supporting the claim, identify the relief sought, and provide information sufficient to identify the claimant’s relationship with The Firm, LLC. Counsel coordinating multiple claims must certify that each claimant authorized the filing, reviewed and personally signed the Notice of Dispute or arbitration demand, completed the required informal dispute-resolution process, and has a good-faith basis for the claim. No arbitration demand may be filed until the informal-resolution process is complete. If an arbitration demand is filed prematurely, the administrator or a court may dismiss, stay, administratively close, or hold the matter in abeyance without requiring payment of filing, administrative, case-management, or arbitrator fees until the contractual prerequisites have been satisfied.

For any Mass Arbitration, the administrator’s applicable mass-arbitration rules and fee schedule will apply. If those rules do not provide a complete process, claims will proceed in staged batches as determined by the administrator, a process arbitrator, or a court. Fees will be assessed only for the batch or stage then being administered, unless applicable rules or law require otherwise. No merits arbitrator shall be appointed for claims outside an active batch. Filing fees, administrative fees, case-management fees, and arbitrator compensation shall be assessed only for the batch then being administered unless applicable law or the administrator's rules require otherwise. Claims that are not part of the active batch will remain in abeyance, and all applicable limitations periods will be tolled.

The outcome of any batched, bellwether, or staged proceeding may be used solely for settlement purposes and shall not have preclusive effect or bind any other claimant or The Firm, LLC absent a written agreement by the affected parties. A court or process arbitrator may enforce this section. Nothing in this section prevents any claimant from pursuing an otherwise proper individual claim.

Small Claims and Provisional Court Relief

Nothing in this Arbitration Agreement limits either party’s right to bring an eligible claim in small claims court where permitted by applicable law.

Either party may seek temporary, preliminary, or provisional injunctive relief from a court solely to preserve the status quo, protect confidential information, prevent unauthorized access, protect intellectual property, respond to security incidents, or prevent imminent and irreparable harm pending completion of arbitration.

Seeking such provisional relief does not waive the right to arbitrate.

If a court determines that a particular claim cannot be arbitrated, only that claim will proceed in court. Any arbitrable claims will remain subject to arbitration, and any court proceeding may be stayed pending completion of arbitration to the extent permitted by law.

Costs and Attorneys’ Fees

Arbitration fees and costs will be allocated according to the applicable arbitration rules and governing law. For consumer disputes, The Firm, LLC will pay arbitration fees to the extent required by applicable AAA Consumer Arbitration Rules or applicable law. Each party will bear its own attorneys’ fees and litigation costs unless applicable law or the arbitration rules require otherwise, or the arbitrator awards fees based on a determination that a claim or defense was frivolous or asserted in bad faith.

Right to Opt-Out

You may opt out of this Arbitration Agreement by sending written notice within 30 days after first accepting these Terms. Opt-out notices must be sent to: legal@mortmonitor.com. Your notice must include your name, mailing address, the email address associated with your account or use of the Services, and a clear statement that you are opting out of arbitration. Opting out of arbitration does not affect any other provision of these Terms, including the requirement to complete the informal dispute-resolution process initiating litigation.

Severability and Survival

If any part of this Arbitration Agreement is held unenforceable, that provision shall be severed only to the minimum extent necessary, and the remainder of the Arbitration Agreement shall remain enforceable. However, if the class, collective, representative, consolidated-action, or private attorney general waiver is found unenforceable as to a particular claim and cannot be severed while preserving individual arbitration, that claim shall proceed in court and not in class arbitration. This Arbitration Agreement survives termination of your account, termination of these Terms, cessation of your use of the Services, and the end of your relationship with The Firm, LLC.

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 WEBSITE 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 the Company 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 the Company 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 and our Privacy Policy constitute the entire agreement between you and The Firm, LLC regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

Your Comments and Concerns

The Services are operated by The Firm, LLC, located at

1348 Armstrong Pl,
Eau Claire, WI 54701

Questions, comments, requests for technical support, copyright infringement claims, and all other communications relating to the Services or these Terms of Use should be directed to legal@mortmonitor.com.