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Terms of Service

This Terms of Service Agreement (this “Agreement”) is a binding agreement between you and ZeroDownCA.com and its affiliated companies (collectively, “we,” “us,” or “our”) providing the terms and conditions for your use of our Services.

By “Services,” we mean all the products and services owned and operated by us, including the content, features, data, and software made available through www.zerodownca.com (the “Web Site”), our mobile applications, and other websites or applications we operate.

Please review this Agreement carefully.  By accessing and using our Services, you agree to all the terms and conditions of this Agreement.  Please be sure to also review our Privacy Policy, which is incorporated and made a part of this Agreement.

This Agreement contains warranty and liability disclaimers.

We may modify this Agreement from time to time and will post the amended agreement at www.zerodownca.com/terms. You will be deemed to have accepted this Agreement as amended if you continue to access our Services after any amendments are posted.

1. General Terms

1.1 Using Our Services

1.1.1 General Requirements

By accessing our Services, you agree to abide by all applicable local, state, national, and international laws and regulations in your use of our Services.

Our Services are intended only for personal, non-commercial use by U.S. residents aged 18 years and over. If you do not meet this criteria, you agree to immediately discontinue use of our Services. We reserve the right to refuse to provide our Services to anyone at any time.

1.1.2 Registered Users

We reserve the right to restrict certain of our Services to registered users. In the event that any of our Services requires you to register prior to our granting you access, you agree to provide accurate, current, and complete account information, including but not limited to your name, address, telephone number, and email address, and to update this information as necessary to keep it accurate, current, and complete.

You may not sell, transfer, or assign your account with us to anyone else. You are responsible for maintaining the confidentiality of your account name and password, and for all activities that occur while logged in under your account. You agree to notify us immediately at [email protected] of any actual or suspected unauthorized use of your account.

1.1.3 License

ZeroDownCA grants to you a limited, non-exclusive, non-transferable license to access and use our Services in accordance with the terms and conditions set forth in this Agreement. ZeroDownCA reserves all right, title and interest not expressly granted under this license to the fullest extent permitted by law. Any use of our Services not expressly permitted under this Agreement is strictly prohibited.

You agree not to sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.

1.1.4 Copyrights, Trademarks and Other Intellectual Property

The intellectual property rights in all content and materials available through our Services, including, but not limited to text, images, audio, video, interfaces, information, data, and computer code, are the property of ZeroDownCA or licensed to us by third-party providers (collectively, our “Content”).

You are permitted to access our Content only through our Services and you may not copy, modify, sell, reproduce, distribute, republish, display, post, create derivative or collective works from, or transmit in any form our Content, in whole or in part, without our prior written consent, which may be subsequently revoked at our sole discretion. You may not reverse engineer or reverse compile any of our Services or the technology used to operate our Services.  Nothing in this Agreement grants you any license or right to use our Content except as expressly stated in this Agreement.

1.1.5 Infringement

You agree that you will not use our Services in any manner that infringes the rights of any third party. If you are a copyright holder and believe your work has been used in our Services in a way that constitutes copyright infringement, please send a notice of infringement under the Digital Millennium Copyright Act (“DMCA”) to:

ZeroDownCA, c/o Legal Team1110 N Virgil Ave #92422Los Angeles, CA 90029Email: [email protected]

To find out what to include in the notice, click here to read the DMCA.

1.1.6 Other Restrictions

You agree that you will not use our Services to: (a) impersonate any person or entity or misrepresent your affiliation with any person or entity; (b) engage in spamming, flooding, harvesting of email addresses or other personal information, spidering, screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or any other information, including specifically, property listings available through our Services; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the computer code comprising or in any way making up a part of our Services; (d) violate any applicable local, state, national or international law; (e) send chain letters or pyramid schemes via our Services; or (f) attempt to gain unauthorized access to other computer systems through our Services.

You agree that you will not use our Services in any manner that could damage, disable, overburden, or impair our Services or interfere with any other party’s use and enjoyment of our Services.

1.2 Disclaimers

1.2.1 No Warranty

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. ZERODOWNCA, ON BEHALF OF ITSELF, ITS AFFILIATES, AND THE PROVIDERS, DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE.

1.2.2 Assumption of Risk

YOU USE OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES, AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING ANY COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH OUR SERVICES), OR THE LOSS OF DATA THAT MAY RESULT FROM THE USE OF OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES.

ADDITIONALLY, YOU VISIT ZERODOWNCA’S REAL PROPERTY AND SURROUNDING PREMISES (COLLECTIVELY, THE “PREMISES”) 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 PREMISES.

1.2.3 Not a Lender, or a Legal or Professional Advisor

You Acknowledge and Agree that we are not a lending institution, insurance provider or other service provider. Instead, we, through our offerings, may help to connect you with lenders or service providers that might meet your needs based on information provided by you. We do not, and will not, make any coverage or credit decision. We do not issue mortgages, credit cards, insurance coverage or any other financial products.

You acknowledge and agree that ZeroDownCA is not engaged in rendering legal, tax or other professional services.  If legal, tax or other professional assistance is required, including but not limited to the review of agreements and forms made available to you through our Services, the services of a competent professional should be sought. You further acknowledge and agree that ZeroDownCA is not engaged in rendering real estate or construction/development services, and is not a real estate broker, agent, advisor, or contractor.  If real estate or construction/development services are required, the services of a competent professional should be sought.

1.3 Limitation of Liability

You agree that neither ZeroDownCA, nor its affiliates, nor any of their respective employees, or agents involved in the creation, production and distribution of our Services or our Content, is liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, special, punitive, direct or indirect), injury, claim, liability or other cause of action based upon or resulting from the use or attempted use of our Services or our Content, including but not limited to any claim or damage arising from failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation, computer virus, system failure, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials accessed through our services.  Additionally, you agree that ZeroDownCA is not liable or responsible for any defamatory, offensive or illegal conduct of third parties.

NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, NOTHING IN THIS AGREEMENT SHALL AFFECT WARRANTIES OR LEGAL RIGHTS, INCLUDING BUT NOT LIMITED TO RIGHTS TO DAMAGES, WHICH ARE INCAPABLE OF EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.

1.4 Indemnification

You agree to indemnify, defend, and hold harmless ZeroDownCA, its officers, directors, employees, affiliates, agents, and licensors from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of or in any way related to (i) any violation or alleged violation by you of the terms and conditions of this Agreement or any applicable law; (ii) your access, use, or misuse of our Services or our Content; and/or (iii) any infringement by you of the copyright or intellectual property rights of any third party.  You must not settle any such claim or matter without the prior written consent of ZeroDownCA. We reserve the right, at our own expense, to assume the exclusive defense and control of any claim subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.

1.5 Governing Law

This Agreement will be governed by the laws of the state of California, without regard to its provisions relating to conflict of laws.

1.6 Enforceability

Our failure to enforce any of our rights or to act with respect to a breach by you or others of this Agreement does not constitute a waiver of any rights and will not limit our rights with respect to that breach or any subsequent breaches. No waiver by ZeroDownCA of any of the provisions in this Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of ZeroDownCA.

If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

We may assign this Agreement, or certain of our rights or obligations under this Agreement, to any party at any time without notice to you. You may not assign your rights or obligations under this Agreement, by operation of law or otherwise, without the prior written consent of ZeroDownCA.

1.7 Consent to be Contacted; Notices

If you provide, or have provided, a telephone number to us, you expressly agree that we may contact you at that number in order to provide you with informational and service messages, including via text message and/or by using automated telephone technology. Standard message and data rates may apply. You can opt-out of text messages by replying “STOP” to the sender. You represent and warrant that you are the authorized subscriber for the telephone number(s) you have provided.  Please be aware that we may record or monitor telephone calls for quality assurance.

If you provide, or have provided, an email or mail address to us, you agree that we may provide notices to you through such means. Unless otherwise stated in the notices, the notices will become effective immediately.

2. ZeroDownCA Service

Certain terms and conditions are specific to certain of our Services.  We’ve broken those out below.

2.1 Requesting Pre-Approval for a ZeroDownCA mortgage

ZeroDownCA helps its users find and obtain mortgages from our third-party partners, but we are not a lender. You understand that by accepting this Agreement and using the Service, you are providing “written instructions” to ZeroDownCA, its contracted data providers, agents, and its employees, agents, subsidiaries, affiliates, contractors, third party data sources and suppliers, and all other credit reporting agencies under the Fair Credit Reporting Act (FCRA), as amended, to access your credit files from each national credit reporting agency and to exchange information about you with each such national credit reporting agency in order to verify your identity and to provide Services to you. You agree and hereby authorize ZeroDownCA, its contracted data providers, agents, and employees, to provide your personally identifiable information (or, if applicable, information about your child you have enrolled) to third parties as provided in our Privacy Policy as may be amended from time to time. You waive all claims against ZeroDownCA, its contracted data providers, agents, employees, affiliates, and shareholders for the acts or omissions of these third parties with regard to the use or disclosure of such information. While enrolling for the Services, we will ask you for the following types of information: contact information (such as name, address, phone number, and e-mail address); sensitive information (such as date of birth or part of your social security number); personal information to verify your identity and financial information (such as a cell phone number). This information is required to verify your identity, and to fulfill our obligation to provide our products and services to you, including communicating with third parties as necessary to provide such products and services, such as identification verification companies, consumer reporting agencies, credit bureaus, or others. You agree that you will use the Services to protect against or prevent actual fraud, unauthorized transactions, claims or other liabilities.

Consumer Disclosures

The Fair Credit Reporting Act allows you to obtain a disclosure from every credit reporting agency of the nature and substance of all information in your file at the time of the request. Full disclosure of information in your file at TransUnion® must be obtained directly from TransUnion by logging on to https://www.transunion.com/personal-credit/customer-support/faqs/credit-reports-and-disclosures.page#freeAnnualReport. The credit report you are requesting from us is not intended to constitute the disclosure of TransUnion information required by the Fair Credit Reporting Act or similar state laws.

  1. You are entitled to receive a disclosure directly from each of the consumer reporting agencies free of charge under the following circumstances:
    • You have been denied credit, insurance or employment within the past sixty (60) days as a result of your credit report;
    • You certify in writing that you are unemployed and intend to apply for employment in the 60-day period beginning on the date on which you made the certification;
    • You are a recipient of public welfare assistance;
    • You have reason to believe that your file at the agency contains inaccurate information due to fraud;
    • Annually at www.annualcreditreport.com.
      • Otherwise, the consumer reporting agency may impose a reasonable charge for the disclosure.
  2. The Fair Credit Reporting Act permits you to dispute inaccurate or incomplete information in your credit file. You understand that accurate information cannot be changed.
  3. You do not have to use our services to dispute inaccurate or incomplete information in your TransUnion file or to receive a copy of your TransUnion consumer credit report.
  4. TransUnion provides a proprietary consumer disclosure that is different from the consumer credit report utilized by ZeroDownCA and its affiliates. The disclosure report must be obtained directly from TransUnion. Consumers residing in the States of Colorado, Massachusetts, Maryland, New Jersey, and Vermont may receive a free copy of their consumer credit report once per year and residents of the State of Georgia may receive two copies per year.
  5. By creating an account, you are providing written instructions to ZeroDownCA under the Fair Credit Reporting Act to obtain information from your personal credit profile from TransUnion. You authorize ZeroDownCA to obtain such information to confirm your identity and if you are a member of this website, provide you with credit information, a credit score, educational materials, and offers and recommendations for credit or other service options. If at any time you desire to terminate this authorization you may do so with no further obligations. Enrollment in this service is completely free.

2.2 Current ZeroDownCA Promotions

Please note that, from time to time, we may advertise estimates of what customers can receive pursuant to a given ZeroDownCA promotion.  However, the final amounts you will receive, if eligible, will depend on factors like the final price of the home you buy or sell, as well as other associated costs like agent commissions.  Consult with your ZeroDownCA representative for more details as to how these promotions apply to your home sale or purchase. Unless otherwise stated, ZeroDownCA promotions may not be combined.

This Agreement was last modified on February 26, 2024.

© 2023 ZeroDownCA

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