Last updated: January 15, 2024
1. Acceptance of Terms
By accessing and using DownFund.com ("the Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.
2. Description of Service
DownFund is a platform that connects homebuyers with down payment assistance programs and qualified lenders. We provide matching services, educational resources, and facilitate connections between homebuyers and financial service providers.
3. User Accounts
For Homebuyers
- You must provide accurate and complete information
- You are responsible for maintaining the confidentiality of your account
- You must be at least 18 years old to use our service
- You agree to receive communications from us and our partners
For Partners (Lenders)
- You must be a licensed mortgage professional in good standing
- You must comply with all applicable laws and regulations
- You are responsible for all activities under your account
- You must maintain current licensing and insurance
4. Lead Purchase Terms
When purchasing leads through our platform:
- Leads are sold on a first-come, first-served basis
- All sales are final - no refunds for purchased leads
- You must contact leads within 24 hours of purchase
- You may not resell or transfer leads to third parties
- You must comply with all applicable marketing laws (TCPA, CAN-SPAM, etc.)
5. Prohibited Uses
You may not use our service:
- For any unlawful purpose or to solicit others to perform unlawful acts
- To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
- To submit false or misleading information
- To upload or transmit viruses or any other type of malicious code
6. Intellectual Property
The service and its original content, features, and functionality are and will remain the exclusive property of DownFund and its licensors. The service is protected by copyright, trademark, and other laws.
7. Privacy Policy
Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the service, to understand our practices.
8. Disclaimers
The information on this service is provided on an "as is" basis. To the fullest extent permitted by law, DownFund excludes all representations, warranties, conditions and terms relating to our service and the use of this service.
9. Limitation of Liability
In no event shall DownFund, 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 use of the service.
10. Indemnification
You agree to defend, indemnify, and hold harmless DownFund 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 attorney's fees).
11. Termination
We may terminate or suspend your account and bar access to the service 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.
12. Governing Law
These Terms shall be interpreted and governed by the laws of the State of Texas, without regard to its conflict of law provisions.
13. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect.
14. Contact Information
If you have any questions about these Terms of Service, please contact us at:
- Email: legal@downfund.com
- Phone: 1-800-DOWNFUND
- Address: DownFund, Inc., 123 Main St, Austin, TX 78701
