Terms Of Use

/Terms Of Use

Terms of Use
Updated December 18, 2019
Welcome and thank you for your interest in this website (operated by ATXAI, LLC
“Company”;). By clicking the submission button, or by otherwise using Company; websites,
networks, mobile applications, or other services provided by Company (collectively, the
“Services”), or accessing any content provided by Company through the Services, you agree to
be bound by the following terms of use, as updated from time to time (“Terms of Use”).
1. Company’s Role. COMPANY AND ITS AFFILIATES DO NOT, AND THE SERVICES
ARE NOT INTENDED TO, PROVIDE FINANCIAL OR REAL ESTATE ADVICE. All
content is for informational purposes only. You understand and agree that the Services may
include advertisements, and that these are necessary to support the Services. To help make the
advertisements relevant and useful to you, Company may serve advertisements based on the
information we collect through the Services. See the Privacy Policy herein for more details.
Company does not: (a) act as a real estate agent or loan officer for you or any other user; (b)
represent you or another user in the purchase, sale, or exchange of real property, including any
negotiation thereof; (c) lease or rent, offer to lease or rent, or negotiate the lease of real property
or otherwise aid or assist in the lease of real property; or (d) provide any insurance related
services. Company 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.
2. Eligibility. You must be at least 18 years of age to use the Service. By agreeing to these
Terms of Use, you represent and warrant that: (a) you are at least 18 years of age; (b) you have
not previously been suspended or removed from the Services; and (c) your registration and your
use of the Services is in compliance with all applicable laws and regulations. To access some
features of the Services, you may be required to register for an account or submit an inquiry
form. When you register for an account or submit an inquiry, you may be required to provide us
with some information about yourself, such as email address or other contact information. You
agree that the information you provide is accurate and that you will keep it accurate and up-to-
date at all times. When you register, you may be asked to provide a password. You are solely
responsible for maintaining the confidentiality of your account and password, and you are
responsible for all actions taken via your account. You may not share your user account(s) with
others. You may only use the Services for transactions on your own behalf, and not on behalf of
any other person.
3. Use of the Services; Restrictions.
A. Use of the Services. As long as you comply with these Terms of Use, Company may in its
sole discretion grant you a non-exclusive, limited, revocable, personal, non-transferable license
to use the Services.
B. Prohibited Use. BY USING THE SERVICES, YOU AGREE NOT TO:
 use information provided by Company through the Services in making any loan-related
decisions;

 reproduce, modify, distribute, display or otherwise provide access to, create derivative works
from, decompile, disassemble, or reverse engineer any portion of the Services;
 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 Company, its service providers,
Affiliate, 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 Web site,
any data or content available through 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 Company 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 Company's trademarks as part of your screen name or email address on the
Services; or
 attempt to, or permit or encourage any third party to, do any of the above.
4. Third-Party/Linked Services/Sent information.
A. Generally. The Services may include functionality that allows for the distribution of your
personal information (including information submitted in any inquiry form) (collectively, your
“User Information”) to third parties not under Company’s or its Affiliate’s 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. Company does not endorse, and takes 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 Company may transfer the applicable User Information or other information to the
applicable third-parties, which are not under the control of Company. If you submit a contact
form or otherwise indicate your interest in contacting a Third-Party Provider, you may receive

telemarketing calls, emails, or text messages 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. Company is 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. Third-Party Services.
(i) Financial Products. If you choose to contact a bank, lender, financial institution, originator,
loan broker, or other mortgage professional through the Services by filling out an inquiry,
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
Company and its Affiliate (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”) 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. Company is only providing an
administrative service to consumers and participating Lenders. Decisions regarding Lenders
contacting consumers are made by participating Lenders and not Company or its Affiliate. 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. Company and its Affiliate: (a) are not
Lenders, loan originators, loan processors or underwriters; (b) do not aid or assist borrowers in
obtaining loans, solicit borrowers or Lenders for loans, offer or negotiate terms of loans; (c) do
not take mortgage applications, make loans or credit decisions or pre-approve borrowers for
loans; (d) are not an agent of either any consumer or any Lender; (e) do not endorse, refer or
recommend any Third-Party Provider that pays Company or its Affiliate or the products of any
Third-Party Provider that pays Company or its Affiliate; (f) are not responsible for any errors or
delays caused by consumers or any Third-Party Provider in the loan process; and (g) do 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) Real Estate Agent, Insurance Products and Aggregators. If you choose to contact a bank,
lender, financial institution, originator, loan broker, or other mortgage professional through the
Services by filling out an inquiry, contact, other request form or otherwise indicating your
interest in contacting (or being contacted by) a Third-Party Provider on the Services, you
authorize Company and its Affiliate to also provide your User Information to other Third-Parties
that include real estate agents, real estate brokerages, and insurance providers. Certain Third-
Party Providers that work with Company and its Affiliate may also offer third party
products and services to help throughout the moving and real estate transaction process,
such as mortgage companies, moving companies, internet services providers, or real
estate agents. When you submit an inquiry, contact or request form through the Services,
Company may share your personal information (such as your name, address, telephone
number and e-mail) to allow third-party and affiliate providers to contact you (even if

you are previously listed on any state, federal or corporate do-not-call list) regarding
their products or services.
5. Intellectual Property. The Services are owned and operated by Company. The user
interfaces, design, information, data, code, products, software, graphics, and all other elements of
the Services (“Company Materials”) provided by Company are protected by intellectual property
and other laws and are the property of Company or Company’s third-party licensors. Except as
expressly allowed by these Terms of Use, you may not make use of the Company Materials, and
Company reserves all rights to the Company Materials and Services not granted expressly in
these Terms of Use.
6. DMCA; Claims of Copyright Infringement. Company 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 Company through its registered agent then on file with the Texas
Secretary of State by providing the following information in writing via certified mail with return
receipt:
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.
7. OPT OUT – Termination/Changes to Agreement. Except as stated in separate product-
specific agreements, you may terminate your account at any time by
contacting todd@atxaitech.com. If you terminate your account, you remain obligated to pay all
outstanding fees, if any, incurred prior to termination relating to your use of the Services. If you
violate any provision of these Terms of Use, your permission from Company to use the Services
will terminate automatically. In addition, Company may in its sole discretion terminate your
account on the Services or suspend or terminate your access to the Services at any time for any
reason, with or without notice. Company may alter, suspend or discontinue the Services or any
portion of the Services without notice. Company will not be liable whatsoever for any change to
the Services or any suspension or termination of your access to or use of the Services. Company
reserves the right to change these Terms of Use at any time in its sole discretion on a going-
forward basis. We will make commercially reasonable efforts to notify you of any material
changes to these Terms of Use. Your continued use of the Services after updates are effective
will represent your agreement to the revised version of these Terms of Use. Your continued use
of the Services after the effectiveness of such changes will constitute acceptance of and
agreement to any such changes. You further waive any right you may have to receive specific

notice of such changes to these Terms of Use. You are responsible for regularly reviewing these
Terms of Use.
8. Privacy Policy/Other Terms.
A. Privacy Policy. Company will collect, use, store, and disclose personal information in
accordance with its Privacy Policy. Please consult the Privacy Policy for more information,
which is incorporated into, and made a part of, these Terms of Use.
9. Indemnification. You agree to indemnify, defend, and hold harmless Company, its affiliates,
and their respective directors, officers, employees, and agents from any and all claims and
demands made by any third party due to or arising out of: (a) your access to or use of the
Services; (b) your breach of these Terms of Use; (c) your violation of any law or the rights of a
third party; (d) any dispute or issue between you and any third party; (e) any User Materials you
upload to, or otherwise make available through, the Services; (f) your willful misconduct; and (g)
any other party’s access to and/or use of the Services using your account and password.
Company reserves the right, at its own expense, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you, and in that case, you agree to corporate
with Company’s defense of that claim.
10. No Warranties. COMPANY PROVIDES THE SERVICES "AS IS," "WITH ALL
FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY
QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS
SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS,
EXPRESS OR IMPLIED. COMPANY AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY
AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED,
INCLUDING WITHOUT LIMITATION: (A) WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE
EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS
AND NON-INFRINGEMENT; (B) WARRANTIES OR CONDITIONS ARISING THROUGH
COURSE OF DEALING OR USAGE OF TRADE; AND (C) WARRANTIES OR
CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH
THE SERVICES OR ANY MATERIALS AVAILABLE THROUGH THE SERVICES WILL
CREATE ANY WARRANTY REGARDING ANY COMPANY ENTITY OR THE SERVICES
THAT IS NOT EXPRESSIVELY STATED IN THESE TERMS OF USE. YOU ASSUME ALL
RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO
THE SERVICES, YOUR DEALING WITH ANY OTHER USER, AND ANY MATERIALS,
INCLUDING ALL USER AND COMPANY MATERIALS, AVAILABLE THROUGH THE
SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES,
AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINMENT OF MATERIALS
THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR SERVICES, ARE AT
YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM
OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES), OR THE LOSS OF
DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR

USE OF THOSE MATERIALS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER
OR WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM
JURISDICTION TO JURISDICTION.
11. Limitation of Liability/Exclusive Remedy. IN NO EVENT WILL COMPANY OR ANY
OF ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL,
INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF
PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF,
BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OR
ACCESS, OR INABILITY TO USE OR ACCESS, THE SERVICES OR ANY MATERIALS
ON THE SERVICES, WHETHER BASED ON (A) BREACH OF CONTRACT, (B) BREACH
OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, EVEN IF
COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY ASSUMES NO
LIABILITY OR RESPONSIBILITY FOR ANY (IE) ERRORS, MISTAKES, OR
INACCURACIES OF MATERIALS; (F) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF
THE SERVICES; (G) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (H)
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE
SERVICES; (I) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE
TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (J) ANY
ERRORS OR OMISSIONS IN ANY MATERIALS OR FOR ANY LOSS OR DAMAGE
INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES;
AND/OR (K) USER MATERIALS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL
CONDUCT OF ANY THIRD PARTY. THE AGGREGATE LIABILITY OF COMPANY AND
ANY OF ITS AFFILIATES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING
TO THE USE OF OR INABILITY TO USE ANY PORTION OF THE SERVICES OR
OTHERWISE UNDER THESE TERMS OF USE, WHETHER IN CONTRACT, TORT, OR
OTHERWISE, IS LIMITED TO THE GREATER OF: (L) THE AMOUNT YOU HAVE PAID
TO COMPANY FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENTS OR
CIRCUMSTANCES GIVING RISE TO THE CLAIMS; ANDI (B) $100. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES
FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION
OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE
PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF
THE AGREEMENT OF THE PARTIES. THE LIMITATIONS IN THIS SECTION WILL
APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE.
12. Choice of Law; Disputes. These Terms of Use are governed by the laws of the State of
Texas, without giving effect to its conflict of laws provisions. You agree to submit to the
personal and exclusive jurisdiction and venue in the state and federal courts sitting in Travis
County, Texas for any and all disputes, claims and actions arising from or in connection with the
Services and/or these Terms of Use. Company operates the Services from its offices in Texas,

and we make no representation that the Services are appropriate or available for use in other
locations.
13. General. You agree not to export from anywhere any part of the Services provided to you, or
any direct product thereof, except in compliance with, and with all licenses and approvals
required under, applicable export laws, rules and regulations. All Services used by the U.S.
Government are provided with the commercial license rights described herein. These Terms of
Use may only be amended by a written agreement signed by authorized representatives of the
parties to these Terms of Use. If any part of these Terms of Use is determined to be invalid or
unenforceable, then the invalid or unenforceable provision will be replaced with a valid,
enforceable provision that most closely matches the intent of the original provision and the
remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use
are solely used for the convenience of the parties and have no legal or contractual significance.
Company may assign this Agreement, in whole or in part, at any time with or without notice to
you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any,
in the Services. Company's failure to act with respect to a breach by you or others does not waive
its right to act with respect to subsequent or similar breaches. Except as expressly stated herein,
these Terms of Use, and all expressly incorporated terms and agreements, constitute the entire
agreement between you and Company with respect to the Services and supersede all prior or
contemporaneous communications of any kind between you and Company with respect to the
Services. The following sections of these Terms of Use shall survive any termination of these
Terms of Use: 3-13.
14. Consent to Communications. By using the Services, you consent to receiving certain
electronic communications from Company as further described in the Privacy Policy. Please read
the Privacy Policy to learn more. You agree that any notices, agreements, disclosures, or other
communications that Company sends to you electronically will satisfy any legal communication
requirements, including that those communications be in writing.
The Services may provide web forms, links, or contact information, including phone numbers,
that can connect you with Company or third parties, such as real estate agents and Lenders.
Communications through these methods may be routed through a third-party service
("Communications Service"). Calls may be recorded or monitored for quality assurance and
customer service purposes. You will be notified at the beginning of a call if it may be recorded or
monitored. You consent to such recording and monitoring by Company or the Communications
Service. Company also uses the Communications Service to track phone calls and text messages
between you and real estate professionals so that Company and the real estate professional can
access certain details about the contact.  As part of this process, Company and the
Communications Service will receive in real time, and store, data about your call or text
message, including the date and time of the call or text message, your phone number, and the
content of the text message. You consent to these practices by Company and the
Communications Service. The information is subject to the Privacy Policy.
15. 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.
16. Contact Information and License Disclosures. The Services are offered by ATXAI, LLC
and its affiliates. You may contact Company by sending emailing todd@atxaitech.com.