Our Terms of Service

Last Updated: January 31, 2025

Please read these Terms of Service (the “Terms”) and our Privacy Policy  (“Privacy Policy”) carefully because they govern your use of the website located at https://www.transfer-mortgage.com (the “Site”) and the services accessible via the Site offered by TransferMortgage. (“TM”, “We” or “Us”). To make these Terms easier to read, the Site and our services are collectively called the “Services.”

 

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND TM (INCLUDING, WITHOUT LIMITATION, RELATED TO ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THESE TERMS) THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE REVIEW CAREFULLY THE SECTION TITLED “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.

 

  1. Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.

 

  1. Privacy Policy. Please review our Privacy Policy which also governs your use of the Services, for information on how we collect, use and share your information.

 

  1. Changes to these Terms or the Services. We may update the Terms from time to time in our sole discretion. If We do, We’ll let you know by posting the updated Terms on the Site and/or send other communications. It’s important that you review the Terms whenever We update them, or you use the Services. If you continue to use the Services after We have posted updated Terms, it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because the TM Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

 

  1. Access to the Services. You may use the Services only for personal, non-commercial purposes and only if you are 18 years or older, a U.S. resident, capable of forming a binding contract with TM and not otherwise barred from using the Services under applicable law. If you do not meet these 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. 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 also volunteer additional information to help Us provide the Services to you. 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 dean.sheaffer@transfer-mortgage.com of any actual or suspected unauthorized use of your account.

 

  1. Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that We are free to use it without any restriction or compensation to you.

 

  1. Fees.TM charges fees for certain aspects of the Services (the “Fees”). Such Fees will be subject to a separate agreement between you and TM.

 

  1. Intellectual Property; Usage Data. The intellectual property rights in all content and materials available through our Services, including without limitation text, images, audio, video, interfaces, information, data, and computer code, are the property of TM or licensed to us by third-party providers. TM may derive from the use and operation of the Services volumes, frequencies, bounce rates, performance metrics and other data that does not directly or indirectly identify you or any natural person (“Usage Data”) and may use and disclose Usage Data to analyze and improve the Services and for other lawful business purposes.

 

  1. General Prohibitions and TM’s Enforcement Rights. You agree not to do any of the following:

(a) Use the Services in a manner that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

(b) Copy, modify, sell, reproduce, distribute, republish, display, post, create derivative or collective works from, or transmit in any form the content on the Services, in whole or in part, without our prior written consent, which may be subsequently revoked at our sole discretion.

(c) Use, display, mirror or frame the Services or any individual element within the Services, TM’s name, any TM trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without TM’s express written consent;

(d) Access, tamper with, or use non-public areas of the Services, TM’s computer systems, or the technical delivery systems of TM’s providers;

(e) Attempt to probe, scan or test the vulnerability of any TM system or network or breach any security or authentication measures;

(f) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by TM or any of TM’s providers or any other third party (including another user) to protect the Services;

(g) Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by TM or other generally available third-party web browsers;

(h) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

(i) Use any meta tags or other hidden text or metadata utilizing a TM trademark, logo URL or product name without TM’s express written consent;

(j) Use the Services, or any portion thereof, for any commercial or non-personal purpose or for the benefit of any third party or in any manner not permitted by these Terms;

(k) Access or use any of the Services to develop competitive products or services;

(l) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;

(m) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;

(n) “Crawl,” “scrape,” or “spider” any page, data, or portion of or relating to the Services (or any information, data or content made available through the Services), whether through use of manual or automated means.

(o) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

(p) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

(q) Impersonate or misrepresent your affiliation with any person or entity;

(r) Violate any applicable law or regulation; or

(s) Encourage or enable any other individual to do any of the foregoing.

TM is not obligated to monitor access to or use of the Services or to review or edit any content. However, We have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content at any time and without notice, including without limitation if We, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

 9. DMCA/Copyright Policy. TM respects copyright law and expects its users to do the same. It is TM’s policy to terminate, in appropriate circumstances, account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see TM’s Copyright Dispute Policy for further information.

  1. Links to Third-Party Websites or Resources. The Services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party resources.

 

  1. Consent to be Contacted. 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 and training purposes.

 

  1. Home Data on the Services. The data accessible for each home via the Services (each, a “Home”) are estimates calculated using publicly available information and TM proprietary data matching and validation models. Each estimate is not binding on any party and is provided for informational purposes only.

 

  1. TM Platform.TM makes available an online platform that enables real estate agents and potential buyers and sellers of residential real estate to assess which properties may have an existing FHA or VA mortgage which may be assumable by a purchaser, without participation in any such transaction between seller or buyer by TM. Optionally, prospective buyers may enter into a separate agreement for services related to the facilitation and fulfillment of the assumption of an existing FHA or VA mortgage.  The terms of the agreement between TM and the buyer will apply to TM’s participation in such transactions. You understand and agree that TM is not a party to any agreements entered into between buyers and sellers of real property (or their lenders), nor does TM have any control over the conduct of buyers, sellers, lenders or other users of this site. TM is not an owner of real property, agent, property manager, insurer or operator of properties, nor a mortgage loan servicer or mortgage loan originator.

The information regarding any property on the site is provided by third parties not under the control of TM. Data and information about any property are published on the site to offer prospective buyers a reasonable notion regarding the potential value of the property assumable mortgage. You understand that TM does not represent or warrant the accuracy of any such data or information.

TM is not responsible for and disclaims any and all liability related to any and all listings or property information contained on the site. TM has no agency relationship with you and therefore owes no fiduciary or other duties to you.  Accordingly, any and all transactions are made at your own risk, and you retain the duty to do due diligence, investigation, retain counsel or engage a real estate agent, or other steps that may be advisable for a party to a real estate transaction to take.

 

  1. Termination. We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at dean.sheaffer@transfer-mortgage.com. Upon any termination of the Services or your account, provisions that by their nature should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

 

  1. Warranty Disclaimers. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services.  We have no obligation to make any disclosures relating to any real property as may be required by state or federal law.

 

  1. Indemnity. You will indemnify and hold TM and its officers, directors, employees and agents harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.

 

  1. Assumption of Risk. YOU VISIT REAL PROPERTY OF HOMES LISTED ON THE TM PLATFORM 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.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY SELLERS, BUYERS OR LENDERS. YOU UNDERSTAND THAT TM DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW OR VISIT ANY REAL PROPERTY. TM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY SELLERS, BUYERS OR LENDERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY TM OR NOT. TM EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.

 

  1. Not a Legal or Professional Advisor. You acknowledge and agree that TM 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.  TM does not participate in negotiations of any transactions between buyers, sellers, or originations of any loans from lenders, with TM’s sole role, if agreed to pursuant to a separate written agreement, to be to provide services to facilitate an assumption of an existing loan.

 

  1. Limitation of Liability.

(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER TM NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TM OR ITS SERVICE PROVIDERS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

(b) TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL TM’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO TM FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO TM, AS APPLICABLE.

(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TM AND YOU.

 

  1. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Delaware, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in the section titled “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and TM are not required to arbitrate will be the state and federal courts located in the State of Delaware, and you and TM each waive any objection to jurisdiction and venue in such courts.

 

  1. Dispute Resolution.

(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and TM agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and TM are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

(b) Exceptions. As limited exceptions to the subsection titled “Mandatory Arbitration of Disputes” of this section: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.

(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.

Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

(d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

(e) Injunctive and Declaratory Relief. Except as provided in the subsection titled “Exceptions” of this section, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory 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. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

(f) Class Action Waiver. YOU AND TM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding.  If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

(g) Jury Trial Waiver. YOU AND TM HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and TM are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 23(b) above.  An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would.  However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

(h) 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Section 23 by sending written notice of your decision to opt out to the following address: TransferMortgage, LLC, 70 Stephanie Rd., Birdsboro, PA 19508, or by email to dean.sheaffer@transfer-mortgage.com within 30 days after first becoming subject to this Section 23.  Your notice must include your name and address, your TM username (if any), the email address you used to set up your TM account (if you have one), and an unequivocal statement that you want to opt out of this Section 23.  If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you.  Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

(i) Severability. With the exception of any of the provisions in the subsection titled “Class Action Waiver” of this section (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

(j) Survival. This Section 23 will survive the termination of your relationship with TM.

 

  1. General Terms.

(a) Reservation of Rights. TM and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

(b) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between TM and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between TM and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

(c) Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without TM’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. TM may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

(d) Notices. Any notices or other communications provided by TM under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

(e) Waiver of Rights. TM’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of TM. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

  1. Contact Information. If you have any questions about these Terms or the Services, please contact dean.sheaffer@transfer-mortage.com.