Terms of Service

Version 4.1 — Effective April 15, 2026 (Beta)

Last Updated: April 10, 2026

IMPORTANT — PLEASE READ CAREFULLY

These Terms of Service ("Terms") include an agreement to resolve disputes through binding arbitration (Section 18), a class action waiver, and a jury trial waiver that affect your legal rights. Please review Section 18 carefully before using the Platform.

HomeTurf Mortgage Marketplace ("HomeTurf") is NOT a mortgage broker, lender, loan banker, mortgage servicer, or financial advisor. We are a technology platform that facilitates connections between borrowers and independent, licensed mortgage lenders through a reverse-auction system. We do not make lending decisions, issue loan approvals, lock interest rates, guarantee any specific loan terms or rates, verify borrower creditworthiness, recommend or endorse any lender or loan product, or provide financial, legal, or tax advice. All lending decisions, rate locks, and loan commitments are made solely by participating lenders based on their own underwriting criteria and applicable regulations. All lender offers are presented neutrally. Your decision to contact any lender is entirely your own.

BETA PERIOD NOTICE

HomeTurf is currently in a free beta period. During beta, all platform features are available at no cost to borrowers and lenders. The beta period will last a minimum of six (6) months. After beta, lenders will transition to a paid SaaS subscription model. No user will ever be automatically charged — any future subscription requires explicit opt-in consent. The Platform is currently available in 5 states (Colorado, North Carolina, Texas, Wisconsin and Florida). Features, availability, and functionality may change during the beta period.

1. Acceptance of Terms

By accessing, browsing, or using the HomeTurf website located at www.hometurfus.com (the "Site") and all associated services, tools, features, and functionality (collectively, the "Platform" or "Services"), you ("User," "you," or "your") acknowledge that you have read, fully understand, and agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, our Lender Code of Conduct (for lender users), and any other policies, agreements, or terms incorporated by reference (collectively, the "Agreement"). If you do not agree to this Agreement, you may not use the Platform.

For purposes of this Agreement: "HomeTurf," "we," "us," or "our" refers to HomeTurf Mortgage Marketplace and its affiliates. "Lender" or "Provider" refers to any licensed mortgage professional, lender, or lending institution registered on the Platform. "Borrower" refers to any individual seeking mortgage financing through the Platform.

We reserve the right to modify these Terms at any time at our sole discretion. Material changes will be communicated via email and/or prominent notice on the Platform at least thirty (30) days before taking effect. Non-material changes (such as corrections, formatting, or clarifications) may take effect immediately upon posting. Your continued use of the Platform after changes become effective constitutes acceptance of the modified Terms. It is your responsibility to review these Terms periodically. The most current version is always available at hometurfus.com/terms.

The Platform and Services are intended for individuals at least eighteen (18) years old accessing the internet from a physical location within the United States. By using the Platform, you represent and warrant that you meet these requirements.

2. Platform Role & Disclaimer

HomeTurf operates a reverse-auction technology platform where borrowers post anonymized mortgage financing needs and licensed lenders compete by submitting bids. The Platform supports four auction modes: Purchase, Refinance, Pre-Approval, and Beat My Rate. HomeTurf is a technology matchmaking service — we connect parties but do not participate in, control, or influence the lending transaction itself.

The Services are for general informational purposes and to facilitate connections between borrowers and lenders. They are not a substitute for professional financial, legal, investment, or tax advice from a licensed professional. The information and services offered on the Platform are provided with the understanding that HomeTurf is not engaged in rendering financial, legal, or other professional services or advice.

Not a Loan Application

Creating an auction or submitting any information on HomeTurf does NOT constitute a mortgage loan application under the Equal Credit Opportunity Act (ECOA), the Truth in Lending Act (TILA), the Real Estate Settlement Procedures Act (RESPA), or any applicable state law. HomeTurf does not take formal mortgage loan applications as defined under applicable federal or state law. Your submission is an inquiry to receive competing offers from independently licensed lenders. You will need to complete a formal loan application directly with the lender you choose before that lender will extend an unconditional offer or commitment.

What HomeTurf Provides

  • • A technology platform connecting borrowers with licensed mortgage lenders
  • • A reverse-auction system across four modes: Purchase, Refinance, Pre-Approval, and Beat My Rate
  • • Verification of lender NMLS credentials and state licensing status
  • • Secure, encrypted document upload and sharing tools (where applicable by auction mode)
  • • Communication facilitation between borrowers and their selected lender
  • • Performance tracking and transparency metrics for lenders
  • • Optional AI-powered document verification (with explicit opt-in consent)
  • • Anonymized borrower data presentation to protect privacy during auctions

What HomeTurf Does NOT Provide

  • • Loan origination, underwriting, processing, funding, or approval
  • • Guarantee of any rates, terms, fees, or loan approval
  • • Rate locks or rate commitments (these are provided solely by lenders)
  • • Financial, legal, tax, or investment advice
  • • Endorsement or recommendation of any particular lender or loan product
  • • Credit decisions, credit checks, or credit reporting
  • • Verification of borrower-provided information (credit scores, income, assets)
  • • Any form of lending, brokerage, or mortgage banking services
  • • Guarantee that the Platform will match you with a lender or that any lender will make you a loan offer

You should rely on your own judgment in deciding which available loan product, terms, and lender best suits your needs and financial situation. You are free to compare offers from lenders on HomeTurf with offers from other lenders not on the Platform.

3. Electronic Communications Consent

Consent to Electronic Disclosures

By creating an account or using the Platform, you consent to receive all current and future notices, disclosures, communications, and other information from HomeTurf electronically, including via email at the address you provide or via notices posted on the Platform. You agree that all communications we provide electronically satisfy any legal requirement that such communications be in writing.

Electronic communications may include:

  • • Auction status updates, bid notifications, and lender contact authorizations
  • • Account-related notices (security alerts, password resets, verification)
  • • Changes to these Terms, our Privacy Policy, or other Platform policies
  • • Responses to questions, requests, or customer support inquiries
  • • Marketing communications (only with your consent; you may opt out at any time)

Electronic Signature Consent (E-SIGN Act)

By clicking any button indicating acceptance, agreement, acknowledgment, or submission on the Platform — including but not limited to creating an auction, accepting a disclosure, or authorizing lender contact — you provide your electronic signature under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.) and applicable state law. Your electronic signature shall have the same legal force and effect as a manual, handwritten signature.

You may withdraw your consent to receive electronic communications by contacting us at support@hometurfus.com. However, withdrawing consent may limit your ability to use the Platform, as electronic communication is essential to the auction process.

4. Eligibility

All Users must:

  • • Be at least eighteen (18) years old (or the age of majority in your state of residence, whichever is greater)
  • • Be a natural person (not a business entity) for borrower accounts, or an authorized representative of a licensed lending institution for lender accounts
  • • Be a legal resident of the United States
  • • Have the legal capacity to enter into binding contracts
  • • Provide accurate, current, and complete registration information
  • • Use the Platform only for lawful purposes and in compliance with all applicable laws
  • • Not have been previously removed from the Platform by HomeTurf

Additional Requirements for Lenders:

  • • Maintain a valid, active NMLS registration
  • • Hold current licensure in all states where you submit bids
  • • Be in good standing with all applicable regulatory authorities
  • • Complete HomeTurf's lender verification process
  • • Agree to and comply with the Lender Code of Conduct
  • • Maintain adequate errors and omissions (E&O) insurance

State Availability:

The Platform is currently available in 5 states during the beta period: Colorado, North Carolina, Texas, Wisconsin and Florida. Borrowers may only create auctions for properties located in available states (Purchase and Refinance) or for target states that are available (Pre-Approval and Beat My Rate). Lenders may only bid on auctions in states where they hold active licensure. The list of available states is published on our Licensing & Disclosures page and may be updated periodically. HomeTurf enforces state restrictions both on the frontend and through server-side validation.

5. Account Registration & Security

To access Platform features, you must create an account ("Account"). Your Account is personal to you, and you are responsible for all activity that occurs under it. By creating an Account, you agree to:

  • • Provide accurate, current, and complete registration information
  • • Maintain and promptly update your Account information to keep it accurate
  • • Maintain the security and confidentiality of your login credentials
  • • Notify us immediately of any unauthorized access or use of your Account
  • • Accept full responsibility for all activities that occur under your Account, whether or not you authorized them
  • • Not share, transfer, sell, or assign your Account to any other person or entity
  • • Not create multiple Accounts for the same person or entity
  • • Not create an Account on behalf of another person without their authorization

We reserve the right to suspend or terminate Accounts that violate these Terms, provide false information, engage in fraudulent activity, or for any other reason at our sole discretion. We may also require you to verify your identity as a condition of maintaining your Account.

You acknowledge that HomeTurf uses Firebase Authentication for account management and that your password is stored in encrypted form. We never have access to your plaintext password. We strongly recommend using a unique, strong password for your HomeTurf Account and enabling any available multi-factor authentication.

6. Borrower Terms

Auction Participation Agreement

By creating an auction on the Platform in any mode, you represent, warrant, and agree that:

  • Accurate Information: All information you provide about your financial situation, property transaction (if applicable), and loan requirements is truthful, accurate, and complete to the best of your knowledge. For Pre-Approval and Beat My Rate modes, this includes accurate financial range/band selections. You understand that lender bids are calculated based on the information you provide and that inaccurate information may result in significantly different terms during underwriting.
  • Good Faith Intent: You are creating the auction with genuine intent to obtain financing. For Purchase and Refinance, this means genuine intent for the disclosed property. For Pre-Approval, genuine intent to purchase a home. For Beat My Rate, genuine interest in obtaining better terms than your current rate.
  • Document Authenticity: All documents you upload are authentic, unaltered, and you have the legal right to share them.
  • Active Participation: You will review bids received during your auction period and take action promptly after your auction ends.
  • Required Auction Closure: You will close every auction by selecting one of the following outcomes: Request Lender Contact, Secured Financing Elsewhere, Deal Fell Through, or Not Ready to Proceed.
  • Independent Decision: Your decision to contact any lender is made independently. HomeTurf does not recommend or endorse any lender or bid. All offers are presented neutrally.
  • Prompt Response: After authorizing lender contact, you will respond promptly to the lender to facilitate timely processing. The lender will contact you within thirty-six (36) hours of your authorization.

Mode-Specific Terms

Purchase & Refinance Auctions

You must provide a valid property address and required documents (signed purchase agreement for Purchase; current mortgage statement for Refinance). Your auction will be reviewed before going live. Lenders see anonymized property information (city, state, and the first three digits of your ZIP code) along with financial ranges. Your full address is shared only with the lender you choose to contact.

Pre-Approval Auctions

No property address or documents are required. You provide financial information in broad ranges (bands) — not exact figures. Your auction goes live immediately after creation. Because no exact property or verified financials are involved, all bids are estimates subject to change upon verification.

Beat My Rate Auctions

You provide your existing interest rate as a benchmark for lenders to beat. No property address is required. Your existing lender's name is never collected or stored by HomeTurf. Lenders see the benchmark rate and your financial bands, and bid to offer better terms.

Account Standing

Your account standing affects your platform privileges. Standing is determined by your history of properly completing auctions:

New:First-time users may have 1 active auction at a time
Good Standing:After completing 1 auction properly, up to 2 active auctions
Excellent Standing:After 3+ completed auctions, up to 5 active auctions
Limited:Repeated auction abandonment may result in restricted access

Important Understanding

  • • Receiving bids does NOT guarantee loan approval in any auction mode
  • • All bids are conditional estimates based on your self-reported information, subject to full underwriting
  • • Final terms may vary based on verification of your information, appraisal, and lender underwriting criteria
  • • Authorizing lender contact creates no legally binding commitment until you sign formal loan documents with the lender
  • • Rate locks are issued by lenders, not by HomeTurf
  • • Respond promptly to your selected lender to secure your quoted rate
  • • For Pre-Approval and Beat My Rate, bids are estimates based on financial bands and may change upon verification of exact figures
  • • HomeTurf does not guarantee that any lender will make you an offer, that you will receive any bids, or that any particular rate or terms will be available
  • • HomeTurf does not recommend or endorse any lender or bid — all offers are presented neutrally

7. Lender Terms

Bid Commitment Agreement

By submitting a bid on any auction mode, you represent, warrant, and certify that:

  • Proper Licensing: You are properly licensed in the state where the subject property is located (Purchase/Refinance) or the borrower's target state (Pre-Approval/Beat My Rate), and your license is current and in good standing.
  • Quote Validity: Your quoted rate represents a good-faith estimate valid for thirty-six (36) hours after the borrower authorizes contact. This validity window obligates you to contact the borrower, verify their information, and proceed toward formal rate lock in accordance with your standard procedures.
  • Fee Accuracy: All closing costs and fees are accurate good-faith estimates based on the information provided. Final fees will comply with TILA-RESPA Integrated Disclosure (TRID) tolerance requirements.
  • Good Faith Intent: You intend to honor your quoted terms if the borrower qualifies through your standard underwriting process.
  • 36-Hour Response Commitment: You will contact the borrower within thirty-six (36) hours after the borrower authorizes contact to begin the application and rate lock process. Failure to respond within this window is a violation.
  • Rate Lock Responsibility: You are solely responsible for formally locking the borrower's rate. HomeTurf does not lock rates.
  • Regulatory Compliance: You will comply with all applicable federal and state lending regulations including RESPA, TILA, ECOA, the Fair Housing Act, and all state-specific requirements.
  • Independent Selection: You understand that the borrower's decision to contact you was made independently. HomeTurf did not recommend or endorse your bid.
  • Code of Conduct: You agree to abide by the HomeTurf Lender Code of Conduct, which is incorporated into these Terms by reference.

Performance Accountability

Your performance on the Platform is tracked and may be displayed to borrowers:

  • • Percentage of connections that successfully close
  • • How often final terms match quoted terms
  • • Average response time after borrower authorization (target: within 36 hours)
  • • Borrower ratings and reviews

Enforcement

Violations of bid commitments or the Code of Conduct may result in:

  • Warning: First-time or minor violations
  • Probation: Repeated violations; visible badge and bid limits
  • Suspension: Pattern of misrepresentation (up to 90 days)
  • Permanent Removal: Fraud, material misrepresentation, or regulatory violations; may include reporting to applicable regulatory authorities

8. Auction Rules

General Rules (All Modes)

Duration

Auctions may last 12, 24, 36, or 48 hours, selected by the borrower. Auctions are limited to 48 hours maximum because mortgage rates change daily and longer auctions produce less accurate and less competitive quotes.

Required Closure

All auctions must be closed by the borrower with a valid outcome. You cannot create a new auction until your previous auction is properly closed.

Borrower Privacy

During auctions, only anonymized, range-based information is shared with lenders. Your full contact information is shared only with the lender you choose to contact. No lender may pay for preferential access to your information.

Fair Competition & Neutrality

All lenders compete on equal footing. No lender may pay for preferential placement, visibility, or ranking in auctions. Auction results are determined by borrower choice, not by any payment from lenders to HomeTurf. HomeTurf does not rank, recommend, or endorse any bid or lender. All offers are presented neutrally. Lenders may not contact borrowers outside the Platform before the borrower authorizes contact.

Mode-Specific Rules

Purchase & Refinance

These auctions require document verification before going live. Lenders see anonymized property-level data including city, state, and the first three digits of the ZIP code.

Pre-Approval

No documents or property information are required. These auctions go live immediately. Borrower data is shared in broad bands/ranges only. All bids are estimates subject to change upon verification.

Beat My Rate

The borrower provides an existing rate as a benchmark. No property information is required. The existing lender's name is never collected or stored. These auctions go live immediately. Lenders must offer terms that improve upon the benchmark.

9. Credit Inquiries & Reporting

No Credit Check by HomeTurf

HomeTurf does not perform any credit checks, credit inquiries (soft or hard), or credit reporting. Creating an auction and receiving bids on HomeTurf does not involve any inquiry to any credit bureau and will not affect your credit score.

After authorizing lender contact: Once you choose a lender and authorize contact, that lender may perform a credit inquiry as part of their standard application and underwriting process. Any such credit inquiry is performed by the lender — not by HomeTurf — and is governed by the lender's own terms and applicable law (including the Fair Credit Reporting Act).

Self-reported credit scores: The credit score ranges you provide when creating an auction are self-reported and not verified by HomeTurf. Lenders base their initial bids on these self-reported ranges. If your actual credit score differs from what you reported, the lender's final terms may be different from their initial bid.

10. AI & Automated Processing

AI Document Verification (Opt-In Only)

HomeTurf offers optional AI-powered document verification for Purchase and Refinance auctions. This feature uses automated analysis to extract information from uploaded documents to facilitate faster verification and auto-fill of loan details.

Opt-in required: AI document processing is always opt-in and defaults to off. You must explicitly enable AI verification before uploading documents. You may disable AI processing at any time.

How it works: If you opt in, your uploaded document is analyzed using Google's Gemini Vision API to extract relevant information (loan balance, interest rate, payment amounts, servicer details). Your document is encrypted in transit and at rest.

Accuracy disclaimer: AI analysis is provided for convenience and may not be fully accurate. You are responsible for reviewing and correcting any auto-filled information before launching your auction. HomeTurf does not guarantee the accuracy of AI-extracted data.

Without AI: If you decline AI verification, your document will be queued for manual review by our team, which typically takes 12–24 hours. Your auction will remain in a pending state until review is complete.

Data retention: Uploaded documents and the data extracted from them are retained for up to ninety (90) days and then deleted. No document content is used to train AI models. You may request deletion of your AI processing records at any time by contacting privacy@hometurfus.com.

11. Rate Quotes & Rate Locks

Critical Distinction

Understanding the difference between a rate quote (lender bid on HomeTurf) and a rate lock (formal lender commitment) is essential for all users across all four auction modes.

Rate Quote (Lender Bid)

  • • A good-faith estimate based on borrower-disclosed information
  • • Valid for 36 hours after borrower authorizes contact
  • • Subject to verification of all borrower-provided information
  • • Not a binding rate commitment or rate lock
  • • May change based on underwriting findings, appraisal, or market conditions

Rate Lock (Lender Commitment)

  • • A formal commitment from the lender to honor a specific rate
  • • Issued by the lender after verifying borrower information
  • • Typically valid for the lock period specified (e.g., 30–60 days)
  • • Subject to the lender's standard lock terms and conditions
  • • HomeTurf does NOT issue, facilitate, or guarantee rate locks

Timeline & Responsibilities

Borrower Authorizes Lender Contact

36-hour offer validity window begins

Lender Contacts Borrower (within 36 hours)

Lender initiates application process

Borrower Provides Documentation

Borrower submits application and required documents

Lender Verifies & Locks Rate

Lender issues formal rate lock after verification

Important: Market rates change daily. Both borrowers and lenders should act promptly to protect the quoted terms. Delays may result in rate changes due to market movement.

12. User Content & Submissions

"User Content" means any information, documents, data, text, or other materials that you submit, upload, or provide to the Platform, including auction details, financial information, documents, reviews, and communications.

Ownership: You retain ownership of your User Content. HomeTurf does not claim any ownership rights in your User Content.

License: By submitting User Content, you grant HomeTurf a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, modify, display, and distribute your User Content solely for the purposes of operating, improving, and providing the Platform and Services. This license terminates when you delete your User Content or close your Account, except as required for legal compliance or as otherwise described in our Privacy Policy.

Representations: You represent and warrant that you have all necessary rights to submit your User Content, that it does not infringe any third-party rights, and that it does not contain unlawful, fraudulent, or misleading information.

Responsibility: You are solely responsible for the accuracy, legality, and appropriateness of your User Content. HomeTurf is not responsible for the accuracy or legality of User Content submitted by any user.

13. Third-Party Sites & Services

The Platform may contain links to websites or services operated by third parties ("Third-Party Sites"). These links are provided for your convenience and reference only. We do not operate, control, endorse, or assume responsibility for any Third-Party Sites.

Your use of Third-Party Sites is at your own risk and subject to the terms and conditions of those sites. We are not responsible for the content, accuracy, privacy practices, or availability of Third-Party Sites. When you leave HomeTurf, our Terms and Privacy Policy no longer govern.

The Platform uses third-party services for infrastructure and functionality, including Google Cloud Platform / Firebase (hosting, authentication, database, storage) and Stripe (future payment processing). Your use of these underlying services is subject to their respective terms of service.

15. Prohibited Conduct

You may NOT use the Platform to:

  • • Violate any applicable local, state, federal, or international laws or regulations
  • • Submit false, misleading, inaccurate, or fraudulent information
  • • Impersonate any person or entity, or misrepresent your identity or affiliations
  • • Engage in discriminatory practices based on race, color, religion, sex, national origin, familial status, disability, or any other protected characteristic
  • • Harvest, collect, scrape, or store personal data of other users without authorization
  • • Transmit viruses, malware, or other malicious code
  • • Interfere with, disrupt, or compromise Platform operations, security, or integrity
  • • Circumvent Platform fees, payment obligations, or technical restrictions
  • • Use automated systems (bots, scrapers, crawlers, spiders) without express written permission
  • • Reverse engineer, decompile, or disassemble any part of the Platform
  • • Use the Platform or any content to train artificial intelligence or machine learning models without express written consent
  • • Engage in bait-and-switch tactics (lenders)
  • • Intentionally delay rate locks to capture market rate increases (lenders)
  • • Create auctions without genuine intent to obtain financing (borrowers)
  • • Contact users outside the Platform before a borrower authorizes contact (lenders)
  • • Use the Platform for any commercial purpose not expressly permitted by these Terms
  • • Frame, mirror, or replicate any portion of the Platform

16. Fees & Payments

Borrowers: HomeTurf is and always will be free for borrowers. We do not charge any fees to create auctions, receive bids, or contact lenders. This applies to all four auction modes. HomeTurf does not charge borrowers directly or indirectly, and lenders are not permitted to pass any HomeTurf-related fees to borrowers.

Lenders — Beta Period: During the current beta period, all lender platform access and features are provided at no cost across all four auction modes. The beta period will last a minimum of six (6) months from platform launch.

Lenders — Post-Beta: After the beta period, HomeTurf will transition to a paid SaaS subscription model for lenders. This is a flat platform access fee — not a per-referral, per-lead, or per-closing fee. No lender receives preferential placement, visibility, or ranking based on their subscription tier. Commitments:

  • • Pricing will be announced well before the beta period ends
  • • Lenders will never be automatically charged — subscription requires explicit opt-in consent
  • • Lenders will receive advance written notice before the transition takes effect
  • • Lenders may opt out at any time during or after the transition without penalty
  • • No lender will lose access to the Platform without at least thirty (30) days' notice

When post-beta payments are introduced, they will be processed through Stripe or another third-party payment processor. By making future payments, you agree to the applicable payment processor's terms of service.

17. Intellectual Property

All Platform content, features, functionality, design, text, graphics, logos, icons, images, software, code, data compilations, trademarks, and service marks (collectively, "Platform Content") are owned by or licensed to HomeTurf and are protected by copyright, trademark, patent, and other intellectual property laws. The Platform Content may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, modified, or used in any way without our prior express written permission, except as expressly permitted by these Terms.

Nothing in these Terms grants you any right, title, or interest in the Platform Content beyond the limited right to access and use the Platform in accordance with these Terms. All rights not expressly granted are reserved by HomeTurf.

18. Dispute Resolution & Arbitration

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS

This section includes an agreement to resolve disputes through binding individual arbitration, a waiver of any right to participate in a class action lawsuit or class-wide arbitration, and a waiver of the right to a jury trial.

Informal Resolution First

Before filing any formal claim, you agree to contact us at legal and attempt to resolve the dispute informally for at least thirty (30) days. Most concerns can be resolved quickly through direct communication.

Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Platform ("Dispute") that is not resolved informally shall be resolved through final and binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules (for individual consumers) or Commercial Arbitration Rules (for businesses), as applicable. The arbitration shall be conducted in Broward County, Florida, or at another mutually agreed location. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Arbitration Costs

HomeTurf will pay all AAA filing, administration, and arbitrator fees for any arbitration we initiate. For arbitrations you initiate, we will pay these fees if your claim is for less than $10,000, unless the arbitrator determines the claim is frivolous. Each party bears its own attorney's fees unless the arbitrator awards fees to the prevailing party as permitted by applicable law.

CLASS ACTION WAIVER

YOU AND HOMETURF 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, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

JURY TRIAL WAIVER

YOU AND HOMETURF WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHT TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY.

Statute of Limitations

No action, regardless of form, arising out of or related to these Terms or the Platform may be brought by either party more than one (1) year after the cause of action arose. This limitation applies to all causes of action, in the aggregate, including breach of contract, breach of warranty, negligence, strict liability, misrepresentation, and any other torts.

Exceptions

Notwithstanding the above, either party may: (a) bring an individual action in small claims court for disputes within the court's jurisdiction; or (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent intellectual property infringement or other irreparable harm.

Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to support@hometurfus.com within thirty (30) days of first accepting these Terms. Your notice must include your name, Account email address, and a clear statement that you wish to opt out of arbitration. If you opt out, you and HomeTurf may litigate Disputes in court, subject to the governing law and venue provisions in Section 20.

19. Disclaimers & Limitation of Liability

Disclaimers

THE PLATFORM AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING:

  • • WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
  • • WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF PLATFORM CONTENT
  • • WARRANTIES REGARDING THE AVAILABILITY OR QUALITY OF ANY LOAN TERMS OR RATES
  • • WARRANTIES REGARDING THE QUALIFICATIONS, COMPETENCE, OR RELIABILITY OF ANY LENDER
  • • WARRANTIES REGARDING UNINTERRUPTED OR ERROR-FREE PLATFORM OPERATION
  • • WARRANTIES REGARDING THE SECURITY OF YOUR DATA OR TRANSMISSIONS
  • • WARRANTIES REGARDING THE ACCURACY OF AI-GENERATED DOCUMENT ANALYSIS

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOMETURF AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS (COLLECTIVELY, THE "HOMETURF PARTIES") SHALL NOT BE LIABLE FOR:

  • • Any indirect, incidental, special, consequential, or punitive damages
  • • Loss of profits, revenue, data, business opportunities, or goodwill
  • • The conduct, actions, or omissions of any Platform user (including lenders)
  • • Any lending decisions, loan terms, or loan outcomes
  • • Failure to obtain a loan or desired loan terms
  • • Rate changes due to market movement or lender processing delays
  • • Lender failure to contact borrowers or issue rate locks
  • • Unauthorized access to your data or Account
  • • Any errors, inaccuracies, or omissions in Platform content or AI analysis
  • • Any loss or damage arising from your reliance on information provided through the Platform

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED DOLLARS ($100), OR (B) THE TOTAL FEES YOU PAID TO HOMETURF IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Indemnification

You agree to indemnify, defend, and hold harmless the HomeTurf Parties from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the Platform; (b) your violation of these Terms or any applicable law; (c) your violation of any third-party rights; (d) any User Content you submit; (e) your lending practices, rate lock decisions, or lending decisions (for lenders); or (f) any dispute between you and another user of the Platform.

20. General Provisions

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions in Section 18.

Venue

Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Broward County, Florida, and you consent to personal jurisdiction in such courts.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

Entire Agreement

These Terms, together with the Privacy Policy, Lender Code of Conduct, and any other policies incorporated by reference, constitute the entire agreement between you and HomeTurf regarding the Platform and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.

No Waiver

Our failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or of the right to enforce it at a later time. Any waiver must be in writing and signed by HomeTurf to be effective.

Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.

Force Majeure

HomeTurf shall not be liable for any failure or delay in performing its obligations where such failure or delay results from events beyond our reasonable control, including natural disasters, acts of government, pandemics, internet or telecommunications failures, cyberattacks, or other force majeure events.

Termination

We may terminate or suspend your Account immediately, without prior notice or liability, for any reason, including violation of these Terms. You may terminate your Account at any time by contacting support@hometurfus.com. Upon termination, your right to use the Platform ceases immediately, pending auctions may be canceled, and your data will be retained as required by law and our Privacy Policy. Provisions that by nature should survive termination (including Sections 12, 17, 18, 19, and 20) shall survive.

21. State-Specific Disclosures

Colorado

HomeTurf does not take residential mortgage loan applications as defined under Colorado law (CRS 12-10-701 et seq.). HomeTurf provides a generic referral of borrower interest to multiple licensed lenders simultaneously and does not offer or negotiate loan terms.

North Carolina

HomeTurf informs borrowers of the availability of licensed mortgage lenders as permitted under NCGS 53-244.030(21). HomeTurf does not accept formal mortgage loan applications, negotiate loan terms, or issue commitments. Information such as credit scores and income is collected in broad ranges only and is self-reported by borrowers.

Texas

HomeTurf does not originate residential mortgage loans as defined under Texas Finance Code Chapter 156. Consumers wishing to file a complaint against a mortgage company should contact: Texas Department of Savings and Mortgage Lending, 2601 North Lamar, Suite 201, Austin, TX 78705.

Wisconsin

HomeTurf is not a mortgage broker or mortgage lender as defined under Wisconsin Statute 224.72. HomeTurf operates as a technology platform connecting borrowers with licensed lenders.

Florida

HomeTurf is headquartered in Florida and operates as a technology platform connecting borrowers with mortgage lenders licensed in Florida. Florida residents with questions or complaints may contact the Florida Office of Financial Regulation, 200 East Gaines Street, Tallahassee, FL 32399.

California Residents

Under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), California residents have additional rights regarding their personal information, including the right to know, delete, correct, and opt out of the sale of personal information. We do not sell your personal information. For details, see our Privacy Policy. California residents may also be entitled to specific disclosures required by Cal. Civ. Code §1789.3. If you have a complaint, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, CA 95834.

New Jersey Residents

If you are a New Jersey resident, certain provisions of these Terms may not apply to you to the extent they are unenforceable under New Jersey law, including the limitation of liability for certain types of damages.

Other States

If you are a resident of a state with consumer protection laws that provide rights beyond those described in these Terms, those additional rights shall apply to the extent required by applicable law.

22. Contact Information

For questions about these Terms of Service, please contact us:

Legal Inquiries: support@hometurfus.com

Privacy Inquiries: privacy@hometurfus.com

General Support: support@hometurfus.com

Compliance Reports: support@hometurfus.com

Location: Fort Lauderdale, FL 33312

By using HomeTurf, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, our Privacy Policy, and (for lender users) the Lender Code of Conduct.

We use essential cookies to keep you signed in and operate the platform. With your permission we also use advertising cookies (Meta) to measure how well our ads work. We never share your financial details. See our Privacy Policy.