Terms of Service

1. Acceptance of Terms

Welcome to BidYourLoan. By accessing or using our website at www.bidyourloan.com (the "Site"), mobile applications, or any services provided by Brightfound LLC ("BidYourLoan," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our services.

These Terms constitute a legally binding agreement between you and BidYourLoan. We reserve the right to modify these Terms at any time. Your continued use of the Site following any changes constitutes your acceptance of the new Terms.

2. Description of Service

BidYourLoan is a technology platform and advertising marketplace that connects borrowers seeking mortgage loans with independent mortgage loan officers ("MLOs") and mortgage professionals. Our platform allows:

• Borrowers to post loan requests and receive competitive quotes from multiple MLOs
• MLOs to browse loan requests and submit bids to potential borrowers
• Both parties to communicate through our secure messaging system
• Users to rate and review their experiences

IMPORTANT: BidYourLoan does NOT originate, underwrite, approve, or fund loans. We are NOT a lender, mortgage broker, or mortgage loan originator in any state. All loan transactions are conducted directly between borrowers and the independent mortgage professionals they choose to work with.

3. User Accounts and Registration

To access certain features of our platform, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

For MLOs: You represent and warrant that you hold all necessary licenses and certifications required to operate as a mortgage loan officer in the states where you conduct business. You agree to maintain valid NMLS registration and comply with all applicable federal and state regulations.

We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our sole discretion.

4. User Conduct and Prohibited Activities

You agree NOT to:

• Violate any applicable laws, regulations, or third-party rights
• Provide false, misleading, or fraudulent information
• Create multiple accounts for fraudulent purposes
• Manipulate ratings or reviews through fake accounts or other deceptive means
• Harass, abuse, or harm other users
• Use the platform for any unlawful purpose
• Attempt to gain unauthorized access to our systems or other users' accounts
• Use automated scripts, bots, or scrapers to access the platform
• Interfere with the proper functioning of the platform
• Circumvent any security measures or access restrictions

6. Disclaimers

6.1 No Verification of MLOs

BidYourLoan does NOT verify the accuracy, licensing status, credentials, qualifications, or information of mortgage professionals listed on the platform. Borrowers are solely responsible for independently verifying the qualifications, licenses, and information of any mortgage professional before engaging their services.

6.2 No Guarantee of Rates or Approval

All information, bids, rates, and estimates displayed on this platform are provided solely by third-party mortgage professionals for informational purposes and do NOT constitute loan offers or guarantees of approval or terms. Actual rates and terms may vary.

6.3 "As Is" Service

THE SITE AND ALL CONTENT AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIDYOURLOAN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES.

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

8. Indemnification

You agree to indemnify, defend, and hold harmless Brightfound LLC and its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site.

9. Termination

We may terminate or suspend your account and access to the Site immediately, without prior notice or liability, for any reason, including breach of these Terms.

Upon termination, your right to use the Site will cease immediately. Sections 5 (Intellectual Property), 6 (Disclaimers), 7 (Limitation of Liability), 8 (Indemnification), and 10 (Dispute Resolution) shall survive termination.

9.1 MLO Record Retention Policy

For Mortgage Loan Officers: When your MLO account is terminated or deleted, your bid history, ratings, reviews, and associated records are permanently retained and linked to your NMLS ID. This policy exists to:

• Protect borrowers by ensuring accurate and complete MLO track records
• Prevent MLOs from escaping poor reviews by deleting and re-registering
• Maintain the integrity and trustworthiness of our rating system
• Ensure fair competition based on genuine service quality

If you re-register with the same NMLS ID in the future, your complete history (including all bids, ratings, and reviews) will be automatically restored to your new account. By registering as an MLO on BidYourLoan, you acknowledge and accept this record retention policy.

10. Dispute Resolution

10.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

10.2 Arbitration

Any dispute arising out of or relating to these Terms or the Site shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Los Angeles County, California.

10.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

11. Privacy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your information.

12. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and BidYourLoan regarding the Site.
• Severability: If any provision is found unenforceable, the remaining provisions will continue in effect.
• Waiver: Our failure to enforce any right or provision shall not be considered a waiver of those rights.
• Assignment: You may not assign these Terms without our prior written consent. We may assign our rights and obligations without restriction.

13. Contact Information

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