Terms of Use
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Welcome to RetroRate (www.retrorate.com). This website, our Chrome Browser Extension and the RetroRate Applications (as defined below)(the “Sites”), together with the services provided through the Sites (collectively the Sites and services are the “Services”) are owned and operated by Assumable Technologies Inc., a mortgage technology company headquartered in San Diego (“RetroRate”). These Terms of Use which include the RetroRate Privacy Policy, serve as the “Agreement” between you and RetroRate regarding the Services, and provide important information to you, including information about your obligations about content and our limitation of liability to you. By accessing, downloading, or using any portion of the Services, you signify that you accept the terms of the Agreement. If you do not accept, then please do not use the Services.
RetroRate Home LLC, a subsidiary of Assumable Technologies Inc., is a licensed real estate brokerage in the State of Colorado. License #EC.100109448. RetroRate assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that you or any consumer takes based on the Services or any other information available through or in connection with the Services or the Sites.
1. Who Can Use the RetroRate Services
You must be: a) at least the age of majority in the state where you live to use the Sites, and b) a resident of the United States. If you are under 18 years old, do not use the Sites.
2. Intellectual Property Ownership and License
A. Copyright. All materials (including source code, data, images, and other content) contained in the Services, including the selection and arrangement of the materials, are owned by RetroRate or are licensed by RetroRate for use on the Sites.
The Services use the following third-party materials under their respective licenses:
- Google Maps, embedded on property detail pages. Please review Google’s privacy policy, legal notices and terms of use. Portions of those pages are modifications based on work created and shared by Google and used according to terms described in the Creative Commons 3.0 Attribution License.
- PT Serif (ParaType) and Source Sans 3 (Adobe), the typefaces used across the Sites, under the SIL Open Font License.
- Simple Icons, the social media brand marks shown in our footer, released under CC0.
B. Trademarks. RetroRate, the RetroRate logos and other RetroRate trademarks, service marks, graphics, and logos used in connection with RetroRate are trademarks or registered trademarks of RetroRate in the U.S. and/or other countries.
The Services refer to, and in places display the marks of, third parties whose products they work alongside: consumer real estate portals the RetroRate VHS extension runs on, multiple listing services and their technology vendors, and brokerages. Those marks belong to their respective owners and are used only to identify those products. Their use does not indicate any affiliation with, sponsorship by, or endorsement from those owners. Other trademarks and logos used in connection with RetroRate may be the trademarks of their respective owners.
C. Other Intellectual Property. RetroRate also owns trade secrets and know-how that contribute to the functionality of the Services.
D. License Granted. The RetroRate Services are available for your personal use, and we grant you permission to access, view, and use the Services so long as your use complies with these Terms of Use and any other applicable RetroRate policies.
E. Automated Access and Crawling. What is permitted depends on which part of the Services you are accessing.
- www.retrorate.com. Crawling our public marketing pages and blog is permitted, including by search engines and AI crawlers, on the terms set out in the robots.txt file published on that site.
- app.retrorate.com and the RetroRate VHS extension. Webscraping, downloading, webcrawling, AI crawling and other automated extraction are prohibited. These surface our proprietary database and the values we calculate from it, including assumability status, down payment amounts, interest rates and personal savings calculations.
- api.retrorate.com. Automated access is permitted only on the terms agreed with you as part of your access to that API, and is negotiated per user.
Except as stated above, webscraping, downloading or webcrawling of any content or data for inclusion in other mortgage search sites, content aggregators, or for any other purpose, is forbidden without prior written consent from RetroRate.
F. Restrictions. Except as enabled and directed on the Services, you may not modify, decompile, reproduce, redistribute, attempt to commercially gain from your use, or misuse of the Services or any of their components. You may not use any meta-tags or other hidden text using the RetroRate name or trademarks without our specific permission. We may revoke your permission to access and use the Sites, and we may block or prevent you from accessing the Sites, at our discretion without notice. If you violate the Terms of Use, your permission to access and use the Sites is automatically revoked.
G. Reservation of Rights. Except for the limited license granted above, RetroRate reserves all of its intellectual property rights in the Sites. This Agreement does not grant you any right or license with respect to any trademarks and logos.
H. Information Aggregation. RetroRate does not verify the authenticity of home listing data and is not responsible for any inaccuracies or misrepresentations. Users are encouraged to conduct their own due diligence before entering into any agreements. RetroRate is not responsible for any errors in displayed information or delays in displaying information. All information on the Sites is either transmitted to RetroRate from other entities or persons or was obtained through publicly available sources. Issues of data accuracy may be brought to the attention of RetroRate by sending feedback but it is likely that such information accuracy cannot be corrected by RetroRate and the entity or person that generated the information must be appealed to.
I. Interest Rate Information. Non-personalized interest rates used in publicly available calculators and tools are derived from a variety of data sources and are provided for informational purposes only, without representations, warranties or conditions, express or implied.
Where a listing carries the RetroRate Verified badge, the rate and loan details shown for it have been cross-referenced against the seller’s mortgage statement rather than derived, and are reported as accurate as of the date of that verification. RetroRate does not guarantee them, and they may change after that date. No guarantee of an individual interest rate is provided by using these tools. Users should consult with a licensed real estate agent, a qualified financial advisor or lender for personalized and accurate interest rate information.
3. Registration
Some features require a RetroRate account. You may create one yourself, or an account may be created for you the first time you sign in through your MLS or brokerage single sign-on provider. Either way, by using a RetroRate account you are agreeing to these Terms of Use.
You are responsible for all activities related to the Services that occur through your account. Where you sign in through a single sign-on provider, your credentials are issued and managed by that provider rather than by RetroRate, and you should follow their guidance on keeping them secure. Where you hold a password with RetroRate directly, you agree to keep it confidential. In either case, do not use others’ accounts, and do not permit others to use yours. It is your responsibility to keep your RetroRate profile information accurate. RetroRate reserves the right to terminate accounts at its discretion.
4. Equal Housing Opportunity
We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.
5. Professional Advice
If the Service provides professional information, such information is for informational purposes only and should not be construed as professional advice. Financial information is one such example. In particular, any information regarding mortgages, financial products or services, or real estate or financial professionals is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
6. Brokerage Representation and Referrals
(a) Assumable Technologies Inc. (dba RetroRate) is the parent company of certain real estate brokerages, including RetroRate Home LLC. Your use of RetroRate Applications does not create any agency or fiduciary relationship. Any such relationship must be created only through a separate written agreement and not by virtue of your use of RetroRate applications.
These brokerages have contractual relationships with certain multiple listing services (“MLSs”) that allow them to show consumer photos and data related to listed and previously listed properties. Unless you are a licensed agent, you agree:
- to use this data only for personal use, and not for commercial uses;
- that you will not redistribute or otherwise use the data except in connection with your consideration of the purchase or sale of an individual property; and
- that the MLS that supplies the data owns such data and has proprietary rights and copyright to such data.
(b) Working with a RetroRate Partner Agent. At your request, a RetroRate Brokerage can refer you to a third-party agent that can represent you in your home purchase (“RetroRate Partner Agent”), and you may be eligible for promotions for working with that agent. Should you choose to work with that agent, the referring brokerage will receive a referral fee. However, we never require you to choose any particular agent to buy a home.
(c) RetroRate Platform. RetroRate makes available an online platform that enables buyers, sellers and other real estate professionals to assess which properties may have an existing FHA or VA mortgage, or such other mortgage as may be assumable by a purchaser, without participation in any such transaction between seller or buyer by RetroRate. You understand and agree that RetroRate is not a party to any agreements entered into between buyers and sellers of real property (or their lenders), nor does RetroRate have any control over the conduct of buyers, sellers, lenders or other users of this site. RetroRate 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 RetroRate, including the photographs themselves. Photographs of, and information about, any property are published on the site to offer prospective buyers, sellers and their agents a reasonable notion regarding the potential quality and characteristics of the property. Photographs are not necessarily accurate visual representations of the property nor its features and decor. You understand that RetroRate does not represent or warrant the accuracy of any such information or photographs.
RetroRate is not responsible for and disclaims any and all liability related to any and all listings or property information contained on the site. RetroRate has no agency relationship with you and therefore owed 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.
7. Security
Company uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings and guard your non-public information. Such measures include using HTTP over SSL encryption on our website to securely transmit any sensitive information. Despite such safeguards, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes.
8. How RetroRate May Communicate with You
For purposes of responding to you and providing you with information and notices about your account or the Services (such as information about homes you might be interested in), you agree that RetroRate may communicate with you through the contact information associated with your RetroRate account or RetroRate Applications, including your device ID, email, mobile number, telephone, or the postal address you provided (if any). RetroRate has no liability arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services.
If you’ve shared your phone number with us, you’re giving us permission to reach out to you, including by text or calls using automated technology, to send important updates or service-related messages. Standard message and data rates may apply. If you ever want to stop receiving texts, just reply “STOP.” By providing your number, you confirm that you’re the owner or have permission to use it. And just a heads-up: we may record or monitor calls for quality and training purposes.
9. Third Party Sites
RetroRate may include links to third party websites (“Third Party Sites”) in its Services. You should review any applicable terms or privacy policy of a Third Party Site before using it or sharing any information with it, because you may give the third-party permission to use your information in ways we would not. RetroRate is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites.
10. RetroRate Applications
RetroRate offers services through applications built using the RetroRate platform (“RetroRate Applications”). RetroRate Applications include, without limitation, the RetroRate VHS browser extension and the mobile-responsive web application at app.retrorate.com. RetroRate does not publish native mobile applications. You acknowledge you are responsible for all charges and necessary permissions related to accessing RetroRate through your mobile access provider.
11. Data Collection through the Extension
By installing and using the RetroRate VHS browser extension, you acknowledge and agree that, while the Extension is active on the real estate websites it supports, currently Zillow, Redfin, Compass and Realtor.com, we collect information about your use of the Extension and observe your interactions with those websites, as described in our Privacy Policy. We use this information to operate the Extension, calculate savings, and generate aggregated, de-identified insights for our own internal and business development purposes. The Extension is only available to users 18 years of age or older.
12. Termination
You may deactivate your account at any time. After you deactivate your account, you will no longer have access to the Services. If you’d like to deactivate your account, please contact RetroRate Support or uninstall the RetroRate browser extension. RetroRate may terminate this Agreement or your account at any time, with or without notice.
13. Indemnification
You agree to indemnify RetroRate and hold RetroRate harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any content or information you provide to the Services, and/or (c) any activity in which you engage on the RetroRate Sites or using the RetroRate Services.
14. Disclaimers
RETRORATE PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. RETRORATE DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, RETRORATE AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY RETRORATE OR ANYTHING RELATED TO RETRORATE, YOU MAY DEACTIVATE YOUR RETRORATE ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 12 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. RETRORATE IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH RETRORATE TO ANYONE. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE SITES MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. RETRORATE DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, RETRORATE DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. RETRORATE DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. RETRORATE DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, RETRORATE DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SITES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
15. Limitation of Liability
IN NO EVENT WILL RETRORATE OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST RETRORATE OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
16. Dispute Resolution
Any claim or controversy arising out of or relating to the use of the Sites, to the goods or services provided by RetroRate, or to any acts or omissions for which you may contend RetroRate is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitration shall be venued in San Diego, CA. The arbitrator shall be selected pursuant to the AAA rules or from a list of arbitrators provided by RetroRate. Filing and other non-award costs will be paid for, in equal shares, by both parties except that the fee to the arbitrator will be paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand. Should any State or Federal law conflict with the above rules for resolving disputes or the AAA rules, such conflicting rules shall be severed from the enforceable rules and the enforceable rules shall survive and control the dispute resolution process. Any gaps left in the process due to severed rules shall be resolved at the discretion of the selected arbitrator. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in San Diego, California. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and RetroRate, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in San Diego, California. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys’ fees.
17. Additional Legal Terms
A. Severability: If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision.
B. Notices: You may contact our legal department here.
C. Entire Agreement: You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and RetroRate regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other RetroRate services.
D. Amendments to This Agreement: We reserve the right to modify, supplement, or replace the terms of this Agreement, effective prospectively upon posting at www.retrorate.com or notifying you otherwise. For example, we may present a notification on the Services when we have materially amended this Agreement or the Privacy Policy so that you may access and review the changes prior to your continued use of the Services. If you do not want to agree to changes to this Agreement, you can terminate this Agreement at any time per Section 12 (Termination).
E. No Waiver: Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
F. No Injunctive Relief: In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services.
G. Assignment and Delegation: You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, RetroRate for any third party that assumes our rights and obligations under this Agreement.
H. Alpha and Beta Testing: The Services include any alpha or beta testing or other evaluation or use of products and services, features, functionality, and all components thereof (whether in final or prerelease form) that we may conduct (“Testing”). Except to the extent otherwise provided in another agreement between you and RetroRate, your participation in any Testing and use of any content, information, or other materials in connection with such Testing shall be subject to this Agreement.
I. Potential Other Rights and Obligations: You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.
J. Complaints Regarding Content Posted on the RetroRate Website: For non-copyright complaints, you may notify us here.
K. International Matters: RetroRate is controlled and operated from the RetroRate United States offices in California. We make no representation that the Services are appropriate or available for use in any particular location. Those who choose to access RetroRate do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Services, including software from RetroRate, is further subject to United States export controls. No Services, including software from RetroRate, may be downloaded or otherwise exported or re-exported in violation of any applicable law, rule or regulation.
L. DMCA Notice: If you are a copyright holder and believe your work has been used on the Sites in a way that constitutes copyright infringement, please contact our Copyright Agent with the following information:
- Your name, address, phone number, and email address, so that we can reach you;
- Identification of the copyrighted work(s) you believe to be infringed;
- Identification of the material on the Sites you believe is infringing, including a location description (e.g., a URL);
- A statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf, and that the information you provided is accurate;
- A statement that you have a good-faith belief the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic signature; and
- Send your infringement notices via email to:
- Subject: Copyright Infringement Complaint
- Email: legal@retrorate.com
If your content is removed or access to it is disabled and you believe in good faith that a claim has been wrongly made against you, you may submit a counter-notification to RetroRate. Your counter-notification must be in writing and sent to our Copyright Agent, whose address is above. Your counter-notification must contain the following information:
- Your electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located, or if you are outside of the United States, for any judicial district in which RetroRate may be found, and that you will accept service of process from the person who notified RetroRate of the alleged infringement or an agent of such person.