THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
We reserve the right, at our sole discretion, to modify, discontinue, or terminate the Site, or to modify the Agreement, at any time and without prior notice. If we modify the Agreement, we will post the modification on the Site or provide you with notice of the modification at the last email address you gave us. Unless otherwise stated, such modification will be effective ten (10) days following posting on the Site. By continuing to access or use the Site after such modification is effective, you are indicating that you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to cease using the Site.
The Site is available for individuals aged 18 years or older. If you are 18 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understands it. We reserve the right, in our sole and absolute discretion, to deny you access to the Site or any portion thereof, without notice and without reason.
We provide Visitors and Applicants with access to our Site. “Visitors,” as the term implies, are people who visit the public areas of the Site only and do not submit an application to become a Qualified Customer of the Program. “Applicants” are people who fill out an online pre-qualifying application (each, an “Application”) to become a Qualified Customer of the Program. Applicants will be required to create an account on the Site, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Applicant, and such Applicant’s designee. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Site using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason. Achieve will not be liable for any loss or damage caused by any unauthorized use of your account.
Once you have registered with the Site as an Applicant, you will have the opportunity to fill out our Program Application. The Application will require you to (i) provide us with certain sensitive Personal Information about yourself and information about the property or properties you are interested in purchasing (the “Property”), (ii) permit us to access Third-Party Accounts (as defined below) on your behalf in order to retrieve data about you, which may include additional Personal Information, and (iii) permit us to perform one or more background checks, all in accordance with all applicable federal, state, and local laws, rules, and regulations (“Applicable Laws”). You agree to provide current, complete, and accurate information about yourself in the Application. You agree that you will not, in connection with any Application or the Program, should you qualify to participate, misrepresent your identity, or describe, present, or portray yourself as a person other than yourself. You agree to cooperate in the Application process (including submitting all required documentation in a timely manner). In addition, you agree to promptly notify us of any changes in any information submitted in connection with your Application.
By submitting an Application, Applicants expressly authorize Achieve, and its third-party service providers, including, without limitation, Corelogic, to perform an initial background check (and subsequent periodic follow-up background checks) on you to help us determine your eligibility for the Program. Each background check may, without limitation, include a review of: (i) the information you provided to us in your Application; (ii) your credit history; (iii) information that is publicly available about you; (iv) information that we obtain from Third-Party Accounts; and (v) whether you have ever been declared bankrupt. In connection with such background checks, we may obtain information about you from sources or references named in your Application, consumer credit reporting agencies, Third-Party Accounts, and other resources and third parties, as permitted by Applicable Law. By submitting an Application, you hereby agree to cooperate with Achieve with respect to background checks, and you shall promptly, upon request from Achieve, provide (or sign) any information, documentation and/or consent that we may require to perform a background check. You acknowledge that your failure to provide the foregoing consent, information, and cooperation as requested by Achieve may preclude you from pre-qualifying to participate in the Program. By submitting an Application, you hereby expressly authorize Corelogic to provide your information to various government entities, law enforcement entities, and any consumer reporting agencies.
IN CONNECTION WITH YOUR INTEREST IN PARTICIPATING IN THE PROGRAM, ACHIEVE REQUESTS YOUR AUTHORIZATION TO ACCESS YOUR CREDIT REPORT. BY SUBMITTING AN APPLICATION, YOU ARE PROVIDING “WRITTEN INSTRUCTIONS” TO ACHIEVE UNDER THE FAIR CREDIT REPORTING ACT, WHICH AUTHORIZE ACHIEVE TO OBTAIN INFORMATION FROM YOUR PERSONAL CREDIT PROFILE OR OTHER INFORMATION FROM ONE OR MORE CONSUMER REPORTING AGENCIES. THE INFORMATION OBTAINED FROM YOUR CREDIT REPORT, AS WELL AS OTHER INFORMATION THAT WE OBTAIN ABOUT YOU IN ACCORDANCE WITH THIS AGREEMENT, WILL BE USED FOR A LEGITIMATE BUSINESS NEED, IN CONNECTION WITH A BUSINESS TRANSACTION INITIATED IN WRITING BY YOU (i.e., YOUR PROGRAM APPLICATION), WHICH SHALL BE LIMITED TO APPLICANT SCREENING FOR RESIDENCY PURPOSES, IN ORDER TO DETERMINE YOUR ELIGIBILITY FOR THE PROGRAM.
Achieve reserves the right to reject any Application, for any reason or no reason, at our discretion. If Achieve determines, in its sole discretion, that your Application pre-qualifies you to participate in the Program, you will be notified by us via your Achieve account dashboard on the Site and/or by other means, that you have pre-qualified, and you shall be deemed a Qualified Customer for purposes hereunder. In addition, Achieve shall notify you of the Purchase Limit associated with your account. Your “Purchase Limit” is the maximum dollar amount that Achieve may be willing to make available to you under the applicable Customer Agreement, and is not tied to a specific Property. For the avoidance of doubt, the Purchase Limit is not necessarily equivalent to the maximum offer price that Achieve will provide in connection with an offer to purchase a specific Property based on Achieve’s automated valuation modeling determination of such Property’s value (or the AVM Amount, as that term is defined in a Customer Agreement), which amount may, and in many cases will, be lower than the Purchase Limit. Achieve may change or withdraw your Purchase Limit at any time, and from time to time, upon notice to you through your account dashboard on the Site, at its sole and exclusive discretion. Your pre-qualification for the Program does not guarantee that Achieve will execute a Customer Agreement with you, or will provide you with any back-up home purchase services, all of which shall be done (or not done) at Achieve’s sole and exclusive discretion.
Once you become a Qualified Customer, your participation in the Program shall be governed by those Customer Agreements between you and Achieve, if any. Notwithstanding the foregoing, your use of the Site, including your account dashboard to receive notifications from Achieve about your Program participation or otherwise, shall continue to be governed by this Agreement.
As an Applicant, Achieve may provide you with information relating to the Program electronically from time to time. However, we are required by law to give you certain information “in writing” – which means you are entitled to receive it on paper. As a result, to provide you with this information electronically instead, we need your consent. We also need your general consent to use electronic records and signatures in our relationship with you. Please carefully review our Esign Consumer Consent Disclosure found here. Your affirmative consent to the Esign Consumer Consent Disclosure is a prerequisite to becoming a Qualified Customer.
By accessing and/or using the Site, whether as a Visitor or an Applicant, you hereby agree to comply with the following guidelines:
We reserve the right, in our sole and absolute discretion, to deny you (or any device) access to the Site, or any portion thereof, without notice.
You may view all content on the Site, including Applications (the “Content”) for your own personal use and not for any other use, including any commercial use, without the prior written consent of Achieve. We, and our licensors, retain all right, title, and interest, including all intellectual property rights, in and to the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access the Site automatically terminates and you must immediately destroy any copies you have made of the Site. In addition, we reserve the right to decline to enter into any Customer Agreements with you, without any liability to you.
The trademarks, service marks, and logos of Achieve (the “Achieve Trademarks”) used and displayed on the Site are registered and unregistered trademarks or service marks of Achieve. Other company, product, and service names located on the Site may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Achieve Trademarks, the “Trademarks”). Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any website is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Achieve Trademarks inures to our benefit.
Elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Site and our services (“Feedback”). Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to any Feedback you provide, we shall be free to use and disclose any ideas, concepts, know-how, techniques, or other materials contained in your Feedback for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation or attribution to you.
THE SITE, THE APPLICATION, THE PROGRAM, AND OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND NEITHER ACHIEVE NOR ITS AFFILIATES MAKE ANY WARRANTIES WITH RESPECT TO THE SAME OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, AND ACHIEVE HEREBY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. TO THE EXTENT THAT ACHIEVE AND ACHIEVE’S AFFILIATES MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
YOU HEREBY ACKNOWLEDGE THAT NEITHER ACHIEVE’S DECISION TO PRE-QUALIFY YOU FOR THE PROGRAM, NOR THE PURCHASE LIMIT ASSIGNED TO YOU BY ACHIEVE, IS MEANT TO, AND THEY DO NOT, INDICATE OR CONFIRM YOUR CREDITWORTHINESS OR SOLVENCY, AND THEY MAY NOT BE RELIED UPON BY YOU OR ANY THIRD PARTY TO MAKE ASSESSMENTS ABOUT YOUR FINANCIAL STABILITY OR OTHERWISE. ANY SUCH ASSESSMENTS OR DECISIONS, INCLUDING, WITHOUT LIMITATION, MORTGAGE, CREDIT, OR INSURANCE UNDERWRITING DECISIONS, ARE MADE AT YOUR, OR SUCH THIRD PARTY’S, SOLE DISCRETION AND RISK. BY PRE-QUALIFYING YOU FOR THE PROGRAM, AND BY ASSIGNING YOU A PURCHASE LIMIT, ACHIEVE MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOU WILL SECURE FINANCING FOR ANY PROPERTY, OR THAT ACHIEVE WILL ENTER INTO ANY CUSTOMER AGREEMENT WITH YOU WITH RESPECT TO ANY PROPERTY OR PROPERTIES. NOTHING IN THIS AGREEMENT SHALL OBLIGATE ACHIEVE TO EXECUTE ANY CUSTOMER AGREEMENT WITH YOU, EVEN IF YOU ARE A QUALIFIED CUSTOMER.
ACHIEVE DOES NOT OPERATE AS A BROKER, LENDER, REAL ESTATE PROFESSIONAL, OR AN ACCOUNTING, FINANCIAL, OR INVESTMENT PLANNER OR ADVISOR. ACHIEVE DOES NOT PROVIDE REAL ESTATE, FINANCIAL, BUSINESS, ACCOUNTING, SECURITIES, TAX, OR LEGAL ADVICE. YOUR USE OF THE SITE, THE APPLICATION, THE PROGRAM, AND OUR SERVICES IS AT YOUR SOLE DISCRETION AND RISK.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST OPPORTUNITY (INCLUDING LOSS OF BIDS ON PROPERTIES), OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SITE, THE APPLICATION, THE PROGRAM, OR ANY RELATED SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITE, THE APPLICATION, THE PROGRAM, OR ANY RELATED SERVICES SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100) EXCEPT AS PROVIDED IN ANY CUSTOMER AGREEMENT BETWEEN YOU AND ACHIEVE.
The Site may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
You will indemnify, defend, and hold Achieve, its Affiliates (as defined below), and our and their respective shareholders, members, officers, directors, employees, agents, and representatives (collectively, “Achieve Indemnitees”) harmless from and against any and all damages, liabilities, losses, costs, and expenses, including reasonable attorney’s fees (collectively, “Losses”) incurred by any Achieve Indemnitee in connection with a third-party claim, action, or proceeding (each, a “Claim”) arising from (i) your use of the Site, the Application, the Program, or related services in violation of this Agreement; (ii) your breach of any of your representations and warranties hereunder; or (iii) your gross negligence or willful misconduct; provided, however, that the foregoing obligations shall be subject to our: (i) promptly notifying you of the Claim; (ii) providing you, at your expense, with reasonable cooperation in the defense of the Claim; and (iii) providing you with sole control over the defense and negotiations for a settlement or compromise. “Affiliate” means, with respect to any entity, any other entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with, such entity. The term “control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting securities, by contract, or otherwise.
The Site is based in the United States. We make no claims concerning whether the Site may be viewed or be appropriate for use outside of the United States. If you access the Site from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the Applicable Laws of your specific jurisdiction.
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability.
In the event of a dispute arising under or relating to this Agreement or the Site (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 14 below, nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New York, Borough of Manhattan for purposes of any such action by us.
The Agreement and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions.
Achieve does business in accordance with the Fair Housing Act. Thus, in connection with its activity under the Program, Achieve will not discriminate against any person on the basis the person’s race, color, religion, sex, handicap, familial status (having one or more children), or national origin.
If the Agreement is terminated in accordance with the termination provision in Section 11 above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “Feedback,” “No Warranties; Limitation of Liability,” “Indemnification,” “Compliance with Applicable Laws,” “Termination of the Agreement,” “Controlling Law; Exclusive Forum,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, the Agreement constitutes the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.