Terms of Use

Last Updated: October 27, 2023

Smart Choice Realty & Mortgage Finance, Inc (“Smart Choice”), a Real estate company, helps borrowers, buyers, and other users of the service (“Users”) by offering a variety of real estate needs. This online document workflow management system employs this capability and service (“Services”) for borrowers, buyers, mortgage loan originators, brokers, lenders, real estate agents and other service providers (“Providers”, and together with Users, “you”). The following Terms of Use outline your obligations when using the Services, defined below.

  1. Agreement to Terms

The Smart Choice website available at https://smartchoicerealtyinc.com/, any applications we provide, our related web and digital properties, and all related sites and mobile applications (the “Properties”), and the various content, features, and services offered on and in connection with these sites and applications (individually and collectively with the Properties, the “Services” are owned and operated by Smart Choice and can only be accessed and used by you under the Terms of Use described below (“Terms”). By creating an account or otherwise accessing or using the Services, you acknowledge and agree to follow and be bound by these Terms.

THESE TERMS INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THE TERMS ALSO CONTAIN A DISCLAIMER OF WARRANTIES AND A DISCLAIMER OF LIABILITY, AS WELL AS A RELEASE AND INDEMNIFICATION BY YOU. DETAILS ARE SET FORTH BELOW. 

References to Smart Choice (“we”, “our”, or “us”) in the Terms include companies that provide business services to Smart Choice, to the extent that they act for or on behalf of us. For the avoidance of doubt, this does not include Providers, all of which act on their own behalf. Please review our Privacy Policy and other applicable terms, which are also part of the Terms.

  1. Changes to Terms

We may modify the Terms at any time by posting a revised version. Any changes to the Terms will be effective immediately upon posting. Please review the Terms each time you use the Services. You waive any right you may have to receive specific notice of such changes. Your continued use of the Services after such posting (or other notification, if any) means you accept and agree to be bound by the modified Terms.

  1. Eligibility

Users must be eighteen (18) years of age or older to use or register for Services. Your profile and account may be terminated and deleted without warning if we believe that you are under 18 years of age. By using the Services, you represent and warrant that: (a) all information you submit during account registration is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your Use of the Services does not violate any applicable law or regulation. 

  1. The Services; Users and Site Content

No Responsibility, Guarantee, or Endorsement for Providers. Smart Choice does not deliver, and is not responsible for, any Provider’s products, services or advice. Smart Choice is not an agent of any Provider, and Providers are not employees or agents of Smart Choice. You waive the right to bring or assert any claim against Smart Choice relating thereto.

Site Content. The Services, including all materials, visual interfaces, graphics, design, photographs, videos, audio, information, data, computer code, content and information therein and their selection, arrangement and composition, and all trademarks, service marks or other brands or names of Smart Choice (collectively, the “Content”), are the proprietary property of Smart Choice and its suppliers and licensors and are protected by United States and international intellectual property laws, including trademark and copyright laws. Any use of the Contents without our express written consent is strictly prohibited. We reserve all rights to the Contents not granted expressly in these Terms. Any material downloaded or otherwise obtained through the Use of the Services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. We hereby grant you a limited, perpetual, worldwide, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services and Content for your personal, non-commercial (unless otherwise agreed by us) and informational use only, subject to your compliance with the Terms and applicable law. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Services. Unauthorized use of the Contents is expressly prohibited by law and may result in severe civil and criminal penalties.

Collected Information.  You agree and acknowledge that Smart Choice, Providers, and Users may collect or provide data, text, photos, contact information, documents, comments, reviews, feedback, notes, ideas, or other information before, during, and after the provision of Services, or otherwise in connection with the Services (individually and collectively, “Collected Information”). Collected Information may include personal information of Users and other individuals that is provided to us (for example, if your financial documents or a Provider headshot is provided to Smart Choice for the purposes of providing the Services).

Responsibility for Collected Information. You are solely responsible for Collected Information and any consequences of using, submitting and transmitting Collected Information through the Services, including with respect to any person whose personal information, data, or other materials are uploaded, linked or otherwise provided to or with the Services by you, Users or anyone on your behalf or who relies on any Collected Information as information or advice. You acknowledge and agree that we have no obligation to pre-screen your or anyone else’s Collected Information. By submitting Information via the Services, you represent and warrant that: A) your Collected Information, and the use of your Collected Information as contemplated by the Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Smart Choice to violate any law or regulation or otherwise cause liability for Smart Choice; and B) your Collected Information could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

License to Collected Information. With respect to Collected Information, you grant us a worldwide, non-exclusive, royalty-free, fully paid, irrevocable, perpetual, fully sub-licensable (through multiple tiers) and transferable license to use, reproduce, copy, distribute, disclose, prepare derivative works of, publicly perform and display, use, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in the Collected Information in any form and any medium, subject to our obligation in our Privacy Policy relating to personal information. You represent that you are the exclusive owner of all rights in the Collected Information that you submit or have secured all legal rights necessary for such Collected Information to be used by you, Smart Choice, and others as contemplated by the Terms. You agree that Smart Choice will not pay or otherwise compensate you for Collected Information. You also acknowledge and agree that we may create, generate and use anonymized sets of data derived from the content submitted by multiple Users, including your Collected Information (“Aggregate Data”) for any lawful purpose, and that we retain all right, title, and interest in Aggregate Data. Please see our Privacy Policy for additional information on our use and disclosure of Aggregate Data.

No Review of Collected Information. We have no obligation to pre-screen or review, and we do not approve, control or endorse, any Collected Information. However, we reserve the right to refuse, remove or modify Collected Information for any reason.

  1. Consent for Communications

Telephone Calls and Other Communications. When you contact us, when we contact you, or when you communicate with a User through the Services, we may monitor and/or record those communications for quality assurance, customer satisfaction and other purposes. By providing your telephone number to us, you consent to this monitoring and recording.

Your Consent to Receive Automated Calls/Texts. By providing your telephone number(s), you consent to receive autodialed, pre-recorded or artificial voice calls and text (SMS) messages even if your number(s) is registered on any state or federal Do Not Call list from us and our partners. Agreeing to receive marketing calls or text (SMS) messages is not a condition of purchasing any goods or services. We may also contact you for servicing your account, addressing complaints, billing or other account-related matters, or other purposes reasonably related to the Services.

You agree to be contacted at any email or mailing address or telephone number that you or anyone acting on your behalf provides to Smart Choice or that we obtain through other lawful means.

  1. Privacy

For complete details on our use of your information, including Collected Information (as defined above), and how to opt out of receiving our marketing communications, please see our Privacy Policy.

  1. User Conduct

We prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Services, you may not:

Remove, alter or obscure any copyright, trademark or proprietary rights notice incorporated in the Content or accompanying the Services;

Reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or architectural framework for the Services (except to the extent specifically permitted by applicable law);

Access, download, monitor, or copy any Content contained on or in the Properties or otherwise in the Services through automated or artificial means (including screen and database scraping, spiders, robots, crawlers, deep-link, or any similar or equivalent automatic or manual process), or in any way obtain or attempt to obtain any Content through any means that Smart Choice does not intentionally make available through the Services. However, general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Services are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent that adheres to all limitations set forth in any applicable robots.txt file. You may not harvest information about Users or Providers for any purpose;

Frame any part of the Services, without Smart Choice’s consent;

Use, or attempt to use, the Services through any means not explicitly and intentionally made available, provided or intended with respect to the Services (including attempting to gain unauthorized access to any portion of the Properties, the Services, or any other systems connected to the Properties and Services);

Use or access the Properties or the Services in any manner that could damage, disable, overburden, or impair the Services or that could interfere with the rights of or otherwise harm Smart Choice, companies that provide business services to Smart Choice, Providers, other Users or any other person;

Directly or indirectly direct persons to another online or offline location that provides products or services similar to the Services;

Engage in any form of harassment or offensive behavior, including making abusive, threatening, defamatory, racist, obscene, or offensive statements or deceptive or fraudulent behavior;

Infringe or violate the privacy rights, property rights or any other rights of any person or entity; or

Violate any applicable law, rule or regulation. 

  1. Suggestions

If you elect to provide or make available to Smart Choice any suggestions, comments, ideas, improvements or other feedback relating to the Services or otherwise (“Suggestions”), we will be free to use, disclose, reproduce, have made, modify, license, transfer and otherwise utilize and distribute your Suggestions and Collected Information in any manner, without credit or compensation to you.

  1. Accounts

Account registration is required for Users to receive or use certain Services. You are solely responsible for keeping your Account information confidential. You may not transfer, sell, assign, or sublicense your Account to any third party without our prior written approval. You are solely responsible for all usage or activity on the Services that occurs under your Account, including, but not limited to, Use of the Services by any person who uses your Account, with or without authorization. You agree to notify us immediately of any unauthorized use or any other breach of security on your Account. We will not be liable for losses incurred as a result of an unauthorized use of a password or account.

If you knowingly provide false information, including any name, telephone number or other contact information that is not yours (whether it’s someone else’s or just made up), or if you fail to keep the information in your Smart Choice account current and correct, you agree to fully indemnify and be liable to Smart Choice and each other party who relies on that false or incorrect information for any claims (including claims under the federal Telephone Protection Act or its state law equivalents), losses, liabilities, damages (direct, punitive, consequential or other), fines, penalties, and costs and expenses (including reasonable attorneys’ fees) incurred by the affected parties in connection with the false or incorrect information. We have the exclusive right to choose counsel, at your expense, to defend any such claims.

  1. Third-Party Intellectual Property

The Services may contain links to third party websites, advertisements, services, offers, activities or other content (collectively, “Third-Party Materials”), and Third-Party Materials may be provided on the Properties as part of the Services. These Third-Party Materials are not owned or controlled by Smart Choice. These Third-Party Materials are provided for your reference and convenience only, and do not imply any endorsement, sponsorship or recommendation by Smart Choice. All non-Smart Choice trademarks, product names and logos appearing on our Services are property of their respective owners.

  1. Claims of Copyright Infringement

In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to properly reported claims of copyright or trademark infringement. If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest, (ii) identification of the copyrighted work claimed to have been infringed, (iii) a description of where the material that you claim is infringing is located within the Services, (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address, (v) a signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (vi) a signed statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the owner. Notification pursuant to the DMCA should be submitted to:

Smart Choice Realty & Mortgage Finance, Inc

7725 Gateway Blvd #2507

Irvine, California 92618

legal@smartchoicerealtyinc.com

This email address is for DMCA notification only. If you have other questions about the Terms, please contact legal@smartchoicerealtyinc.com.

  1. Modification of Services

We reserve the right to modify, restrict access to, or discontinue the Services (or any portion of the Services), temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Services. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms.

  1. Termination; No Right to Services

We reserve the right to refuse service to anyone. We reserve the right, with or without notice, and in our sole discretion, to terminate your or anyone else’s right to use the Services, in whole or in part, and to terminate, limit or prevent your or anyone else’s future access to and use of the Services, at any for any reason (including those specifically described in the Terms).

  1. Warranty Disclaimer

The Services are provided on an “as is” basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, Smart Choice, its affiliates, and their respective officers, directors, employees, contractors, shareholders, agents, representatives, licensors, licensees and suppliers (collectively, the “Smart Choice Parties”) disclaim all warranties, express, implied, statutory, and otherwise, in connection with the Services and your use of or transactions with Smart Choice, Users, Providers, or other third parties, including any implied warranties of title, merchantability, fitness for a particular purpose, satisfactory quality, security, accuracy, availability, use of reasonable care and skill, and non-infringement, as well as warranties arising by usage of trade, course of dealing, and course of performance. We make no representation or warranty about the accuracy or suitability of the Content, the Collected Information or other information displayed on the Properties or provided through the Services. We do not have any obligation to contact you to update or correct any information previously accessed by or provided to you through the Services.

  1. Limitation of Liability

In no event will the Smart Choice Parties be liable to you or any third party for any cost of cover, lost profits, incidental, direct, indirect, special, punitive, or consequential damages whatsoever arising out of, based on, or resulting from your use of the Services and your use of, or transactions with, Smart Choice, Users, Providers, or other third parties, whether based on warranty, contract, tort, negligence or any other legal theory, whether or not such damages are foreseeable and whether or not Smart Choice is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. In no event will the collective liability of the Smart Choice Parties arising out of or in connection with the Terms, the Services, and your use of, or transactions with, Smart Choice, Users, Providers, or other third parties exceed the lesser of (a) the amount you have paid to Smart Choice for use of the applicable Services in the preceding 12-month period or (b) if you have not had any payment obligations to Smart Choice, one hundred dollars. Any claims relating to the Services or the Terms must be brought within one (1) year from the date the cause of action arose. Claims brought after such period will be VOID.

  1. Indemnification

In addition to your indemnification obligations with respect to false or incorrect information (described above), you agree to indemnify, defend and hold harmless the Smart Choice Parties from and against any claims, disputes, demands, losses, obligations, liabilities, expenses, damages and costs (including attorneys’ fees) due to or arising out of (1) your transactions with Users, Providers, or other third parties, or (2) any violation by you of any of the Terms or applicable laws. Smart Choice reserves the right, at its own cost and sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Smart Choice in asserting any available defenses.

  1. Release

You agree that you bear all risk and, in consideration of the Services provided by Smart Choice, you hereby release the Smart Choice Parties from all claims, demands, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Services and your use of, or transactions with, Smart Choice, Users, Providers, or other third parties (including any claims under the federal Telephone Consumer Protection Act, Truth In Caller ID Act or Telemarketing Sales Rule and any state equivalents, and any federal or state tort or consumer protection laws). You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the civil code of the state of California or any similar provision of the statutory or non-statutory law of any other jurisdiction to the full extent that you may lawfully waive all such rights and benefits. Under the laws of the state of California, a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

  1. Disputes

Binding Arbitration. You agree that any dispute or claim arising out of or relating in any way to the Terms, your access to or use of the Services or the Properties or any relationship between us, including the validity, applicability or interpretation of the Terms (any of these, a “Dispute”) will be resolved by binding arbitration rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, you and Smart Choice may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect intellectual property rights, whether in aid of, pending or independently of the resolution of any Dispute pursuant to the arbitration procedures set forth below.

The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in King County, Washington or the city within the United States in which you reside. Without limiting the jurisdiction of any other court, you admit and further irrevocably agree to submit to the personal jurisdiction of the courts located within King County, Washington for the purpose of entering judgments on arbitral awards.

Class Action Waiver. Any Dispute will be conducted only on an individual basis and not in a class, consolidated or representative action or arbitration or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. Your access and continued use of the Properties and/or the Services signifies your explicit consent to this waiver.

Venue. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree that such claim shall be brought only in courts of competent jurisdiction located in King County, Washington. You hereby submit to the personal jurisdiction and venue of such courts and waive any objection on the grounds of venue, forum non conveniens or any similar grounds with respect to any such proceeding.

Governing Law. You agree that the Terms and any Dispute will be governed solely by United States and Washington state law, without regard to conflict of law provisions.

Attorneys’ Fees. If any of the Smart Choice Parties take legal action against you as a result of your violation of these Terms, the Smart Choice Parties will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to the Smart Choice Parties.

  1. General

Assignment. The Terms, and any rights and licenses granted hereunder, may be transferred or assigned by you only with Smart Choice’s prior written consent, but may be assigned by Smart Choice without restriction and without notice to you.

Entire Agreement and Severability. The Terms (which, as noted above, include any applicable Additional Terms) constitute the entire agreement between you and Smart Choice concerning the Services and supersede all prior or contemporaneous communications of any kind between you and Smart Choice with respect to the Services. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, and the remainder of these Terms shall remain in full force and effect.

Waiver. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Third Party Beneficiaries. Nothing in the Terms create any right of action on the part of any third party, except (i) for the Smart Choice Parties and suppliers or others who are party to written agreements with us explicitly giving them third party beneficiary rights and (ii) as expressly provided in the applicable Additional Terms.

Export Control. Software and the transmission of applicable technical data, if any, in connection with the Services may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.

Contact Us. If you have questions about these Terms, please contact us by email at legal@smartchoicerealtyinc.com or in writing at 7725 Gateway Unit 2507 Irvine, CA 92618.

 

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