Website Terms and Conditions
This website, and the information, content, and the services it makes available (collectively, the “Website”), is provided to you by Workforce Resource LLC (“Workforce”). The Website Terms and Conditions (the “Terms and Conditions”) set forth the terms governing your use of the Website. In the Terms and Conditions, the words “I,” “you” and “your” refer to each individual or entity using the Website; “Down Payment Resource®,” “DPR,” “we,” “us” and “our” refer to Workforce, and any of our affiliates, agents, independent contractors, designees, service providers or assignees (collectively, the “Company”).
- Acceptance of Terms and Conditions.
- Changes to the Terms and Conditions.
We may revise and update the Terms and Conditions and Agreements from time to time at our sole discretion. All changes are effective immediately upon posting and apply to all access to and use of the Website.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.
You are responsible for maintaining the confidentiality of your account and password, including but not limited, to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portion of it using your username, password or other security information. You agree to immediately notify us, in writing, of any unauthorized access to or use of your username or password or any other breach of security. We reserve the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.
You may not use as a username the name of another person or entity or that is not lawfully available for use, or a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.
Workforce and you are independent contractors with respect to all activities under the Terms and Conditions, and nothing in the Terms and Conditions may be construed to create any employment, joint venture, agency, partnership or other relationship other than independent contractors. Neither Workforce nor you, or any of their respective employees, consultants, contractors, or agents has any authority to bind the other party. Each party is responsible for its own costs and expenses in executing, implementing, and performing under the Terms and Conditions and Agreement.
Some services provided through the Website are billed on a subscription basis (“Subscription(s)”). If you use the Website pursuant to a Subscription, you are referred to as a “Subscriber” for purposes of these Terms and Conditions.
A Subscriber will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, a Subscription will automatically renew under the exact same conditions unless the Subscriber or Workforce cancels it. A Subscriber may cancel a Subscription renewal either through the online account management page or by contacting the Workforce customer support team.
A valid payment method, including by credit card, is required to process the payment for a Subscription. A Subscriber shall provide Workforce with accurate and complete billing information, including full name, billing zip code, telephone number, and a valid payment method information. By submitting such payment information, a Subscriber automatically authorizes Workforce to charge all Subscription fees incurred to any such payment instruments.
Should automatic billing fail to occur for any reason, Workforce may suspend access to your account until the full payment corresponding to the billing period is made.
Workforce, in its sole discretion and at any time, may modify fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Workforce will provide a Subscriber with reasonable prior notice of any change in Subscription fees to give the Subscriber an opportunity to terminate the Subscription before such change becomes effective.
A Subscriber’s continued use of the Website after the Subscription fee change comes into effect constitutes an agreement to pay the modified Subscription fee amount.
Except when required by law, the paid Subscription fees are non-refundable. Access to the Website will terminate upon cancellation.
Unless your use is subject to a Subscription, and subject to the Terms and Conditions and Agreements, Workforce grants you a limited, non-assignable, royalty-free, non-exclusive license to access and use the Website for your own personal, family or household use only. Unless subject to a Subscription, you are prohibited from making any business or commercial use of the Website whatsoever.
If you have a Subscription, and subject to the Terms and Conditions and Agreements, Workforce grants you a limited, non-assignable, non-exclusive license to use the Website for your internal business purposes.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Workforce, 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.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of these Terms and Conditions, your right to use the Website will cease 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 Website, or any content on the site is transferred to you, and all rights not expressly granted are reserved by Workforce. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
This Website is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Website and to prevent any unauthorized copying of the Website. Except as explained in these Terms and Conditions, we do not grant any express or implied right to you under any patents, trademarks, copyrights, or trade secret information.
On all copies of any Materials downloaded by you, you must retain all copyright, trademark and other proprietary notices contained in the Materials, or if no such legends or notices appear on such Materials, then the following copyright notice must appear on all such copies: “Copyright © WORKFORCE RESOURCE, LLC.”
The Workforce name, DOWNPAYMENT RESOURCE®, the Down Payment Resource logo, and all related product and service names, images, logos, designs, and slogans are trademarks of Workforce or its affiliates or licensors. You must not use such marks without the prior written permission of Workforce. All other names, images, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website in any way that violates any applicable federal, state, or local law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries). Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website;
- Use any robot, spider, or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
- Use any manual process to monitor or copy any of the material on the Website, or for any other unauthorized purpose without our prior written consent;
- Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
- Use any device, software, or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website;
- Use the Website, or data derived from it, to directly or indirectly compile, store, or maintain the data or derivative data obtained from the Website, to develop your own source or database of such services or data;
- Permit non-authorized users to use your access rights for the Website;
- Modify or translate the Website;
- Reverse engineer, disassemble, or decompile the Website for any purpose, or attempt to derive a source code language version of the Website;
- Create derivative works based on the Website in whole or in part;
- Merge the Website with another product;
- Sell, assign, sub-license, distribute or otherwise dispose of the Website in whole or in part to any third party;
- Mirror, embed, or archive any part of the Website or any material contained on the Website on any server or computer, without Workforce’s written permission; or
- Remove or obscure any proprietary rights notices or labels on the Website.
All rights not expressly granted to you herein are expressly reserved by the Workforce.
Furthermore, you understand and agree that:
- Secondary use or re-use of the search results, information, and other data produced by this product is not permitted;
- Search results, information, and other data produced by this product can only be for one-time transactional uses;
- Search results, information, and other data produced by this product may not be downloaded for reuse or for sale;
- Search results, information, and other data may not be used by a Subscriber for bait and switch purposes, e.g., when you are using this product only to attract consumers with the offer of down payment help and have no intention of helping a consumer locate down payment assistance for the purpose of buying a home, or are unable to participate in down payment programs;
- The licensed use of the Website consists of access, retrieval, and on-screen viewing that does not compete with Workforce’s business;
- The Website is not designed to solicit individuals under the age of 13. In accordance with the Children’s Online Privacy Protection Act (“COPPA”), we do not knowingly collect information from children under the age of 13. If you are a parent or guardian and believe Workforce may have inadvertently collected personal information from your child under age 13, please notify Workforce immediately by sending an email to firstname.lastname@example.org including the specific details to which your request pertains.
Subscriber Representation and Warranties
- A Subscriber represents and warrants that Subscriber has faithfully followed any and all compliance measures required by their lending institution and the State(s) for which they are licensing this product.
- A Subscriber represents and warrants that the Subscriber possesses the necessary professional licenses and has met all legal and compliance requirements necessary to operate in the State(s) for which the Subscriber is licensing this product.
- A Subscriber represents and warrants that the Subscriber has sought and received any necessary approvals from their employer to use this product before publicly deploying the Website.
- A Subscriber represents and warrants that the Subscriber will always act in the best interest of the consumer including making their best commercially reasonable efforts to secure down payment help for consumers with whom they interact in the course of using this product.
- A Subscriber holding a NMLS license must use the tools and features found in this product to limit the down payment programs that will be displayed in the search results to only those for which you have a legitimate reason to believe that the Subscriber’s lending institution has approved or will approve for origination.
The Website allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Website, including its legality, reliability, and appropriateness.
By posting Content on or through the Website, you represent and warrant that:
- The Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms and Conditions; and
- That the posting of your Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity.
We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post, or display on or through the Website and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Website. However, by posting Content using the Website, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content. You agree that this license includes the right for us to make your Content available to other users of the Website, who may also use your Content.
Workforce has the right but not the obligation to monitor and edit all Content provided by users.
You will not upload, post, or transmit to the Website any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law, including violations of the intellectual property rights or any other rights of a third party.
In addition, the Content found on or through this Website is the property of Workforce or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
You acknowledge that Workforce may use an electronic communication system to send you messages quickly and efficiently. Periodically, you will receive notifications from Workforce via email, phone call/voicemail or text. As a condition of your use of the Website, you authorize and agree that Workforce may send you voice, text, email, or other mobile service commercial messages to any email address or any phone number you provide, now or in the future, including a number for a cellular or mobile phone or other wireless device, regardless of whether you incur charges as a result. This authorization and consent includes, but is not limited to, contact by manual calling methods, prerecorded or artificial voice messages, text messages, emails and/or automatic telephone dialing systems. If any of your information changes over time, you agree to immediately provide updated information so that Workforce always has your most current contact information. You understand that you may be charged by your mobile/wireless carrier for receipt of these messages.
The Website may provide you the option to electronically enter into agreements with us. However, if you enter into any such transaction via this Website, you consent to doing so by electronic form, and to providing an electronic signature, which is any electronic action acknowledging agreement, in the form specified on this Website, rather than a handwritten signature. In addition, you understand and acknowledge that all consents, applications, and transactions that you enter into via this Website will be legally binding on you, just as if they were done on paper, and that your electronic acceptance in the form specified on this Website will be binding as though you had physically signed a paper document by hand.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to email@example.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”.
You may be held accountable for damages, including costs and attorneys’ fees, for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Website.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Website where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at firstname.lastname@example.org.
Links to Other Websites
Our Website may contain links to third party web sites or services that are not owned or controlled by Workforce. Workforce does not operate or control in any way any information, software, products, or services available on such third party websites. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such third party websites.
Workforce has no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Workforce shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such content, goods, or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Website immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to, a breach of the Terms and Conditions or applicable law.
Unless subject to a Subscription, you may terminate your account by discontinuing use of the Website.
All provisions of the Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
You agree to defend, indemnify, and hold harmless Workforce and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, including but not limited to attorneys’ fees, resulting from or arising out of:
- Your use and access of the Website, by you or any person using your account and password;
- A breach of these Terms and Conditions; or
- Content posted on the Website.
Disclaimers and Limitation of Liability
THIS WEBSITE AND THE INFORMATION, PRODUCTS AND SERVICES OF THE WEBSITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY.
THE MATERIALS IN THIS SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK.
Workforce, its subsidiaries, affiliates, and its licensors do not warrant that:
- The Website will function uninterrupted, secure or available at any particular time or location;
- Any errors or defects will be corrected;
- The Website is free of viruses or other harmful components; or
- The results of using the Website will meet your requirements.
Workforce does not represent or warrant that any programs identified in the Website meet Fannie Mae, Freddie Mac, FHA, VA, Ginnie Mae or USDA seller guidelines when layered in combination with an underlying first mortgage product to be sold to any of these agencies. You are solely responsible for determining agency eligibility.
Workforce is not a source of funding, a lender, or a broker. This is not an advertisement for credit. The information provided by you to Workforce is not an application for a grant or mortgage loan, nor is it used to pre-qualify you with any lender or broker or source of funding. Workforce is not an agent or representative of any assistance program, funding source, lender or broker referenced in this Website. Workforce does not endorse, warrant, or guarantee service or products of any assistance program, funding source, lender or broker, and does not guarantee and makes no representations of any kind regarding the services of any funding source, lender, or broker.
In no event shall Workforce, the Company, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use the Website;
- Any conduct or content of any third party on the Website;
- Any content obtained from the Website; and
- Unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damages, and even if a remedy set forth herein is found to have failed of its essential purpose.
YOU AND WE AGREE TO RESOLVE DISPUTES ONLY BY FINAL AND BINDING ARBITRATION as follows:
- ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THIS AGREEMENT OR FROM ANY OTHER AGREEMENT BETWEEN YOU AND US, OR SERVICES OR BENEFITS YOU RECEIVE OR CLAIM TO BE OWED FROM US, WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION BY ONE OR MORE ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), OR ANOTHER ARBITRATION ADMINISTRATOR THAT WE MUTUALLY AGREE UPON. Arbitration will apply not only to claims against us, but also claims against the officers, directors, managers, employees, agents, affiliates, insurers, contractors, successors or assigns of us, as well as the administrator, service agreement administrator, issuer or Provider. Arbitration and this paragraph shall apply to claims that arose at any time, including claims arising before this paragraph became binding on the parties. The Federal Arbitration Act (9 U.S.C. §1 et seq.) and not any state law applies to this arbitration agreement.
- For claims of $10,000 or less, the party bringing the claim can choose the AAA’s rules for binding arbitration or, alternatively, can bring an individual action in small claims court.
- YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. This means that you may not be a representative or member of any class of claimants with respect to any claim. Notwithstanding any other provision of this agreement, the arbitrator shall not have the power to determine that class arbitration is permissible. The arbitrator shall not have the power to preside over class or collective arbitration, or to award any form of class-wide or collective remedy. Instead, the arbitrator shall have power to award money 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. No class or representative or private attorney general theories of liability or prayers for relief may be maintained in any arbitration held under this agreement.
- If for some reason the prohibition on class arbitrations set forth in Subsection C cannot be enforced, then the agreement to arbitrate will not apply.
- IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE AGREE THAT THERE WILL NOT BE A JURY TRIAL.
These Terms and Conditions shall be governed and construed in accordance with the laws of the State of Georgia, United States, without regard to its conflict of law provisions. Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions or the Website shall be instituted exclusively in a court of competent jurisdiction located in the State of Georgia. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Our failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights. If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court, the remaining provisions of these Terms and Conditions will remain in effect. The Agreements constitutes the entire agreement between us regarding our Website, and supersede and replace any prior agreements we might have had between us regarding the Website.
You may not assign or transfer these Terms and Conditions or your rights or obligations under these Terms and Conditions without the prior written consent of Workforce, and any assignment or transfer in violation of this provision shall be null and void. There are no third party beneficiaries to these Terms and Conditions.
Last updated: December 13, 2021