Please read these Terms of Use carefully before using this site. By accessing this site, you agree to be bound by the Terms of Use below.
Each time you access or use PorchPass' online and/or mobile services and websites, including but not limited to any PorchPass mobile application and browser extension or plugin (collectively the “PorchPass Apps”), regardless of where it is downloaded from, and any software, service, feature, product, program and element provided by or on behalf of PorchPass on or in connection with such services or websites (collectively, the “Site”), including, but not limited to, any products, programs, and services described in these Terms of Use, (a) you represent that you have read and understand the Cookie Policy and Privacy Policy; and (b) you are agreeing to the terms and conditions of these Terms of Use (the “Agreement”) then in effect with PorchPass.
PorchPass maintains the Site to provide you with information about products and services related to the buying, selling of land, and construction of mobile homes, facilitate communication with PorchPass, and permit you to engage in transactions for your account with PorchPass.
“Loan Inquiry” refers to your application to PorchPass to be approved for any of the products and services that you may be connected to through the Site.
“Loan” includes, but may not be limited to, any of the credit and related products and services which you inquire about by using the Site.
“PorchPass” means PorchPass, LLC, a Texas limited liability company, its U.S. affiliates and subsidiaries and service providers (collectively, “PorchPass”, “we”, “our” and “us”).
“Provider(s)” includes, but may not be limited to, the banks, lenders, financial institutions, insurers, service providers, real estate companies, dealers, agents, brokers and other entities offering products and services through the Site.
“You/your” includes, but may not be limited t, customers, consumers, land and home buyers, land sellers, dealerships, employees, applicants, contractors, and visitors (including their agents and representatives) of the entity or party you are acting on behalf of.
From time to time we may revise these Terms of Use. The revisions will not be retroactive, and the most current version of the Terms of Use, which will always be on the Site, will govern our relationship with you. Other than for changes addressing new functions or made for legal reasons, we will notify you in advance of making effective changes to these Terms that impact the rights or obligations of any party to these Terms, for example via a service notification or an email to the email associated with your account. Such revisions will be effective ten (10) days following notification to you of the revised Terms on the Site, and your continued use of the Site thereafter means that you accept those revisions.
You must be the age of majority or older to use the Site. By using the Site, you represent and warrant to PorchPass that you have the right, authority, and capacity to enter into, and abide by, the Terms of Use and PorchPass' Privacy Policy.
Not all the products or services described on the Site are available in all geographic areas. You may not be eligible for all the products or services described. PorchPass reserves the right to determine the eligibility for any such product or service as permitted by law.
When you open an account with PorchPass by means of the Site, you agree to provide true, accurate, current and complete information about yourself as required by the account application and other documentation made available on the Site. If any information provided by you is untrue, inaccurate, not current, incomplete or misleading, PorchPass may immediately close your account and terminate your right to use the Site, among other remedies that may be available to PorchPass.
You may access and use this Site and all text, graphics, images, photographs and other information and materials made available on this Site (collectively, “Site Content”), and print Site Content and copy such printed Site Content, for your personal and informational use only. You are not permitted to remove from any printed Site Content any copyright, trademark or other notice or attribution as it appears on the Site Content. Except as expressly set forth in these Terms of Use, Site Content may not otherwise be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of PorchPass.
In addition, nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any Site Content through the use of framing, “deep linking,” use of a “robot,” “bot,” “spider,” “data mining” or similar automated method, or otherwise, except: (i) as expressly permitted by these Terms of Use; or (ii) with the prior written permission of PorchPass. This restriction does not apply to robots, bots, spiders or other similar automated methods to index the content of the Sites for use in connection with leading search engines and internet directories.
You are prohibited from using the Site and the Site Content in any manner that would violate any applicable law, rule or regulation in any jurisdiction. You shall not use the Site in any way that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or is otherwise objectionable, as determined by PorchPass in its sole discretion.
You agree that you are not permitted to submit or otherwise transmit any software or other material that contains a virus or other harmful code or device. You may not use the Site to transmit or otherwise facilitate the transmission of spam or other multiple mailings.
You agree to immediately notify PorchPass of any unauthorized use of the Site of which you know or suspect. You agree that any violation of the Terms of Use may result in termination of your privilege to access and use the Site and the Site Content, and legal action may also be taken.
PorchPass reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, the Site Content or any other portion of the Site, with or without notice and without cost or penalty to PorchPass. Furthermore, the Site may become unavailable due to maintenance or malfunction of computer equipment or other reasons. You agree that PorchPass will not be liable to you or to any third party for any modification, suspension, malfunction or discontinuance of the Site.
By using this Site, you agree that certain information will be shared within PorchPass and may be shared with non-affiliated third parties. Please refer to PorchPass Privacy Policy for details.
Copyright in these pages, screens, texts, and images appearing in the Site and in their arrangement is owned by PorchPass or others as indicated. The information and materials contained in the Site may not be copied, displayed, distributed, licensed, modified, published, sold, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of PorchPass or such third party that may own the marks.
All text, graphics, photographs, videos, sound, trademarks, logos, artwork, interfaces and computer code, including but not limited to the design, coordination, “look and feel” and arrangement of elements contained on the Site (collectively “Intellectual Property”) is owned or licensed by or to PorchPass. The Intellectual Property is protected by trademark, copyright, and patent laws, and other intellectual property rights and unfair competition laws. Except as expressly stated herein, no part of the Site, Site Content or Intellectual Property may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, transmitted or distributed in any way, including the use of framing or mirrors, to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the prior written permission of PorchPass. Nothing on the Site should be construed as granting any license or right to use any Intellectual Property.
THE SITE AND THE SITE CONTENT, INCLUDING, WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES MADE AVAILABLE BY MEANS OF THE SITE, ARE PROVIDED “AS IS.” SPECIFICALLY, BUT WITHOUT LIMITATION, PORCHPASS DOES NOT WARRANT THAT: (i) THE SITE OR THE SITE CONTENT IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE SITE OR THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE SITE OR THE SERVER(S) THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, PORCHPASS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND THE SITE CONTENT, INCLUDING, WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES MADE AVAILABLE BY MEANS OF THE SITE. WITHOUT LIMITING THE FOREGOING, PORCHPASS DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
ADDITIONALLY, THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY US. ALL SUCH INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.
PorchPass will use our best efforts to include accurate and up-to-date information on the Site, but we make no warranties or representations as to the accuracy or completeness of the information. You agree that your access and use of this Site and its contents is at your own risk.
BY USING THIS SITE, YOU ACKNOWLEDGE THAT PORCHPASS SPECIFICALLY DISCLAIMS ANY LIABILITY (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, UNSOLICITED OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING OUT OF YOUR ACCESS TO OR USE OF THIS SITE (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY IMPACT A USERS EQUIPMENT.
You agree to defend, indemnify and hold PorchPass and their respective officers, directors, employees, representatives, successors and assigns, harmless from any and all claims, damages, losses, liabilities, costs and expenses, including reasonable attorneys fees, arising in any way from (a) your access, use or misuse of the Site and the Site Content, including, without limitation, your failure to provide true, accurate, current and complete information to PorchPass in connection with obtaining any products or services by means of this Site; or (b) your acts or omissions, including without limitation, those resulting in injuries and property damage. PorchPass reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with PorchPass in asserting any available defense.
Any dispute, claim, or controversy relating in any way to these Terms (including interpretation or application of this section and questions of arbitrability), to your use of the Site, or to any products or services sold or distributed by PorchPass or through the Site will be resolved by binding arbitration, rather than in court, except each party retains the right to bring an individual action in small claims court or to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a partys copyrights, trademarks, trade secrets, patents, or other intellectual property rights. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award all remedies (except for class, consolidated, or representative action remedies) to which a party is entitled under applicable law, and which would otherwise be available in a court of law (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
It is agreed any dispute resolution proceedings will be conducted on an individual basis only, and not in a class, consolidated, or representative action. YOU ACKNOWLEDGE AND AGREE THAT YOU AND PORCHPASS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS.
Action or Representative Proceeding. Unless you and PorchPass otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely based on documents you and PorchPass submit to the arbitrator, unless you request a hearing, or the arbitrator determines a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the American Arbitration Association (“AAA”) Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitration Process. As specified in the AAAs rules, to begin an arbitration proceeding, you must send a written Demand for Arbitration that describes your claim and the relief you seek to our registered agent at Cogency Global Inc. 1601 Elm St., Suite 4360, Dallas, TX, 75201. Payment of all filing, administration, and arbitrator fees will be governed by the AAAs rules.
Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of that right or provision or any other rights or provisions included within the Terms.
You agree that your use of this Site shall be governed by all applicable federal laws and the law of the state of Texas.
All information you submit to us via this Site or internet electronic mail is the property of PorchPass, and may be used by us in a manner consistent with our Privacy Policy
We provide services that enable potential mobile home buyers to connect with Providers for the purchase of their dream homes (“Services”).
By submitting any prequalification or preapproval request for a loan (“Loan Inquiry”)through the Site, and separately for each such request you submit, you are indicating that you desire to be contacted by Providers, and you are providing express written consent that PorchPass, a third party on PorchPass behalf, with whom you are matched, may deliver calls or text messages to you, including for marketing purposes, using an automatic telephone dialing system or an artificial or prerecorded voice to the phone number you have provided. You understand that you are providing this consent to receive such telephone calls even if your telephone number is currently listed on any federal, state, local, internal, or corporate Do-Not-Call (“DNC”) Lists. You understand that you are not required to consent to receive these communications as a condition of using PorchPass Services.
Consent to Electronic Communications. By submitting any Loan Inquiry or clicking on any button indicating an acceptance or agreement to terms, a continuance of processing or submission (collectively, a “submission”) you understand that you are consenting, acknowledging and agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry for a Service to PorchPass, or through PorchPass to each of the Providers to whom your inquiry is transmitted. You are also indicating that you are consenting, acknowledging and agreeing to receive notices, disclosures and other communications in electronic form (either by email or via the internet) from PorchPass and its Providers. You hereby consent to any such email, so it will not be considered spam or unauthorized by any local, state or federal law or regulation. You agree that the consents described herein shall remain valid and in effect until you revoke them by opting out as described below.
You may opt out of receiving communications from PorchPass at any time by engaging in any of the following reasonable means: (1) emailing [email protected] to expressly state in writing that you no longer wish to be contacted by PorchPass and are revoking your consent to be contacted; (2) notifying a PorchPass customer service representative that you no longer wish to be contacted by PorchPass and are revoking your consent to be contacted; or (3) responding to any SMS, mobile, or text message you receive from PorchPass in accordance with the express written instructions of that particular messaging program. At any time, you may update your preferred method of contact by calling 1-210-670-5553. You agree to notify any particular Provider directly if you no longer want to receive communications from them. You further agree that PorchPass is not responsible for a Providers failure to follow your or our instructions to stop contacting you.
PorchPass is not an agent of either you or any Provider. Except as otherwise provided for in your state, PorchPass is not acting as your agent or as the agent of any Provider. PorchPass Services are only administrative. You agree you will rely on your own judgment and research independent of any communications or information you receive from PorchPass in deciding which available product, terms and Provider best suits your needs and financial situation.
Any request for pre-qualification you submit is not an application for credit. Rather, it is an inquiry to be matched with Providers that may be able to present conditional offers. The Provider is solely responsible for its services to you, and you agree that PorchPass shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such services or your interactions with any Provider
For any Service, by saving your information with PorchPass or submitting a Loan Inquiry, you represent that all the information you have provided is true, accurate, current and complete. You further acknowledge that you alone will use your account to access the Services. You must not sell, transform or assign your account to anyone else. You agree to keep your login information confidential, to employ reasonable and appropriate safeguards to prevent unauthorized access to your account, and to not share your account credentials with any third party or allow anyone else to log into our Services as you. You are responsible for all activities that occur under your member account. If you believe that your account is no longer secure, you agree to notify us immediately.
When you “submit” information, create an account or otherwise register for Services through our Site, you understand and agree that you have established a business relationship between you and PorchPass. Accordingly, PorchPass may send your information to certain affiliates and third parties as provided in our Privacy Policy and you agree that PorchPass, its affiliates, and persons calling on PorchPass' behalf may contact you using information you provided with information and offers of services available through PorchPass and the Site. You also give PorchPass permission to retain all such provided information and to make live or recorded calls to discuss, provide or remind you of any information regarding your submission, including incomplete Loan Inquiry information, the identification of matched Providers, deadlines, quality of services or other matters in connection with your Customer Qualification Form.
In addition, certain state and federal laws require that the information you provide us is housed and securely maintained and cannot be removed, purged, or destroyed until the expiration of certain prescribed periods. Providers may also from time-to-time be required to share the information you submit to them with PorchPass to adhere to applicable laws. Providers and PorchPass may also maintain and share information provided by you and about you by third parties for internal marketing and analytics. You are providing express written consent for the retention of this information upon completion of an inquiry form for PorchPass and the selected Provider to share this information for these purposes.
By submitting a Loan Inquiry, you are providing express written instructions under the Fair Credit Reporting Act for PorchPass and Provider partners with whom you are matched to obtain your consumer credit report from your credit profile or other information from contracted Credit Bureau(s) for the purpose of matching you to a Provider, product, or service through the PorchPass network. This information could include, but might not be limited to, your credit report, credit score, and other credit information. PorchPass will obtain a limited credit report (“soft inquiry”) regardless of whether you provide your Social Security Number. To help the government fight identity theft, the funding of terrorism and money laundering activities, and to help attempt to verify your identity, PorchPass and its Providers may obtain, verify and record information that identifies each person who opens an account with us and Providers. PorchPass and its Providers may ask for your name, Social Security Number, address, telephone number, date of birth and other important information including, but not limited to, information received from your credit file, that may allow us and Providers to properly identify you. It is possible that a Provider may perform a soft inquiry on your credit at the same time for the same or similar purposes, but the soft inquiry into your credit does not impact your credit score. Not all Providers will receive your Social Security Number and, for those that do, not all will perform the soft inquiry of credit. PorchPass does not perform hard inquiries into credit, though certain lenders on its network will perform a hard inquiry to evaluate you for a firm offer of credit. From time-to-time PorchPass is examined by state and federal regulators and as such is required to maintain your Personal Information to adhere to certain jurisdictions' data retention requirements. Your information may also be obtained from Providers after you are matched to adhere to state and federal reporting and record retention requirements. You authorize PorchPass and its participating Providers to share such information as required.
If you have any questions about these Terms of Use or PorchPass' Privacy Policy, you may address any inquiries or questions to PorchPass by visiting https://www.porchpass.com/contact, calling us at 1-210-670-5553, or writing us at:
