Updated February 1, 2024
Please read these Terms of Service (the “Terms”) with care, they govern your use of the website located at https://assumable.io/ and all subdomains and digital properties thereof (the “Site”) and the services accessible via the Site offered by Assumable LLC (“Assumable"). The Site and our services are collectively called the “Services.”
1) Agreement to Terms and Disclaimer
By utilizing the services provided by Assumable.io ("Assumable"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please refrain from using our services. Assumable is not a financial institution or mortgage lender. The information presented on this platform is for informational purposes only and should not be considered legal, financial, or real estate advice. Assumable does not endorse or guarantee the accuracy, completeness, or reliability of any information provided by users or third-party sources.
A. Assumable is not a real estate broker or agent or a mortgager consultant or lender. Assumable assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that you or any consumer takes based on the Services or any other information available through or in connection with the Services or the Site.
2) Copyright Policy
All content on the Assumable platform, including text, graphics, logos, images, and software, is the property of Assumable and is protected by copyright laws. Users are prohibited from reproducing, distributing, or creating derivative works without explicit permission from Assumable.
3) Home Listings
Assumable provides a platform for users to observe certain information related to real estate listings. Assumable does not verify the authenticity of listings and is not responsible for any inaccuracies or misrepresentations. Users are encouraged to conduct their own due diligence before entering into any agreements. Assumable receives home listing information from many listing sources and cannot ensure the 100% accuracy of any listings or whether a property is assumable or not. What is represented on Assumable.io is a best guess and should be treated as such by users.
Payment, required down payment, monthly payments, monthly savings, interest savings, or other related home data for each home listed on the Services are estimates calculated using data from proprietary sources and various publicly related data that is part of Assumable proprietary data model. Each estimate is not an appraisal, is not binding on any party, and is provided for informational purposes only.
(a) Visiting a Home Listed on the Services. If you access a Home, you certify and agree that you will do so in compliance with the instructions of the Home’s owner or their designated representative (collectively, the “Seller”). Your access to any Home is subject to any terms and conditions between you and the Seller. Assumable is not responsible in any manner for your access to any Home. YOU VISIT A HOME AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ANY AND ALL RISK FOR ANY PROPERTY DAMAGE OR LOSS, OR BODILY, MENTAL, OR PERSONAL INJURY, INCLUDING DEATH, RELATING TO OR ARISING FROM VISITING THE HOME.
(b) Buying a Home Listed on the Services. Assumable is not a real estate broker or licensed real estate agent and makes no claim to be. If you contract to purchase a Home listed on the Services, you are doing so a your own risk. Assumable encourages all users to work wih a licensed real estate agent for any real property transactions.
4) Estimated Interest Rate Disclaimer
Assumable provides estimated interest rates for informational purposes only. These estimates are based on various historic data points, public records, and data sources. Users should consult with a licensed real estate agent, a qualified financial advisor or lender for personalized and accurate interest rate information.
5) Data Accuracy Disclaimer
Assumable strives to provide accurate and up-to-date information, but we do not guarantee the accuracy, completeness, or reliability of any data on the platform. Users should independently verify any information before relying on it for decision-making.
6) Indemnity
Users agree to indemnify and hold Assumable, its officers, directors, employees, and agents harmless from any claims, damages, or losses arising out of or in connection with their use of the services, violation of these terms, or infringement of any third-party rights.
7) Assumption of Risk
Users acknowledge and assume all risks associated with the use of Assumable's services. This includes but is not limited to the risks of relying on inaccurate information, entering into agreements with other parties, and any financial or legal consequences that may arise.
8) Limitation of Liability
In no event shall Assumable be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use of its services. Assumable's total liability shall not exceed the amount paid by the user, if any, for accessing these services.
9) Governing Law and Forum Choice
These terms shall be governed by and construed in accordance with the laws of the Federal Arbitration Act, federal arbitration law, and the laws of the State of Delaware, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in the 'dispute resolution', you and Assumable are not required to arbitrate will be the state and federal courts located in the State of Delaware, and you and Assumable each waive any objection to jurisdiction and venue in such courts.
10) Dispute Resolution
(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative, or consolidated action or proceeding. You and Assumable agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Assumable are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.(b) Exceptions. As limited exceptions to the subsection titled “Mandatory Arbitration of Disputes” of this section: (i) we both may seek to resolve a Dispute in small claims court if it qualifies, and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement.(d) Arbitration Costs. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.(e) Injunctive and Declaratory Relief. Except as provided in the subsection titled “Exceptions” of this section, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.(f) Class Action Waiver. YOU AND ASSUMABLE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.(g) Jury Trial Waiver. YOU AND ASSUMABLE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Assumable are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 23(b) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.(h) 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Section 23 by sending written notice of your decision to opt out to the following address: Assumable LLC, 8 The Green STE A Dover DE 19901 or by email within 30 days after first becoming subject to this Section 23. Your notice must include your name and address, your Assumable username (if any), the email address you used to set up your Assumable account (if you have one), and an unequivocal statement that you want to opt out of this Section 23. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have or may enter in the future with us.(i) Severability. With the exception of any of the provisions in the subsection titled “Class Action Waiver” of this section (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.(j) Survival. This Section 23 will survive the termination of your relationship with Assumable.
General Terms.(a) Reservation of Rights. Assumable and its licensors exclusively own all right, title, and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.(b) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Assumable and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Assumable and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.(c) Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Assumable’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Assumable may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.(d) Notices. Any notices or other communications provided
11) General Prohibitions and Enforcement Rights
(a) Users agree not to use the services in a manner that infringes, misappropriates, or violates third-party rights, or encourages any conduct that would violate applicable laws.(b) Users may not copy, modify, sell, reproduce, distribute, or transmit content on the platform without prior written consent from Assumable.(c) Assumable reserves the right to monitor and enforce these terms, removing or disabling access to any content at its sole discretion.
12) Consent
You consent to being contacted By using the services, creating an account, or visiting assumable.io or any of its subdomains or digital properties, you acknowledge and provide your explicit consent to be contacted by Assumable, its partners, agencies, and affiliates (collectively referred to as "Assumable") at the phone number, email address, and mailing address you provide in this form, for the purpose of receiving information related to the services.
13) Information Security
Assumable Inc. places a high priority on the security and confidentiality of your personal information. We take appropriate measures to safeguard your data and ensure it remains confidential. Please review our Privacy Policy for detailed information on how we collect, use, and protect your data.
14) Third-Party Partners
Assumable may share your information with third-party partners, agencies, and affiliates for the purpose of providing you with information about Assumable services and related third party services. These third parties may also contact you using the contact information you provide or that is captured upon usage of The Services.
A. 3rd Party/Linked Services/Sent information/Affiliates
Generally. The Services include links to third-party products, services, and websites, as well as materials provided by third parties, and may include functionality that allows for the distribution of your User Materials or your personal information (collectively, your “User Information”) to third parties not under our control (each, a “Third-Party Provider”). Third-Party Providers are solely responsible for their services. You are responsible for your use and submission of User Information to any third party, and your dealings or business conducted with any third party arising in connection with the Services are solely between you and such third party. Your use of third-party sites, services, or products may be subject to associated third-party terms of use and privacy policies or other agreements, which you are solely responsible for complying with. We do not endorse, and take no responsibility for such products, services, Web sites, and materials, or a Third-Party Provider’s use of your User Information.
By using a tool that allows for User Information to be transferred, you agree that we may transfer the applicable User Information or other information to the applicable third parties, which are not under our control. If you submit a contact form or otherwise indicate your interest in contacting a Third-Party Provider, you may receive marketing calls from the Third-Party Provider using the contact information you provided. Third-Party Providers may keep your contact information and any other information received by the Third-Party Provider in processing a contact or other request form. We are not responsible for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.
B. Certain Third-Party Services.(i)Referrals and Lead Sales. As part of the Services, you may be connected with a real estate professional. You authorize us to make such referral or lead sale and acknowledge that we may be paid valuable consideration for facilitating such connection. As part of the Services, you may be connected to a party that provides financial services, title and escrow services, or other settlement services as administered by the 3rd party with no affiliation to Assumable.
C. On the Services, you authorize Assumable 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. Consumers should rely on their own judgment in deciding which decision, terms, and Third-Party Provider best suit their needs and financial means.
D. Assumable reserves the right to utilize 3rd party partners and affiliates at their discretion to accomplish the services and is not liable for any outcomes from customer engagements with partners and affiliates.
15) Contact Information
For any questions or concerns regarding these terms, please contact Assumable at hello@assumable.io .By using Assumable's services, you acknowledge that you have read, understood, and agreed to these terms and conditions.
