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Terms of Service

Last updated: January 1, 2025

Please read these Terms of Service ("Terms") carefully before using the Mend Solutions, Inc. ("Mend," "we," "us," or "our") website and services. By accessing or using our services, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using our website, submitting an application, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our services.

2. Description of Services

Mend provides Home Equity Agreements ("HEAs") that allow homeowners to access the equity in their homes in exchange for a share of the home's future value. Our website provides information about our services, allows you to check eligibility, and facilitates the application process.

3. Eligibility

To use our services, you must:

  • Be at least 18 years of age
  • Be a legal resident of the United States
  • Own a residential property in an eligible location
  • Have the legal authority to enter into binding agreements
  • Meet our eligibility requirements for a Home Equity Agreement

4. User Accounts

You may be required to create an account to access certain features of our services. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

5. Accuracy of Information

You agree to provide accurate, current, and complete information when using our services and to update such information as necessary. Providing false or misleading information may result in the denial of your application or termination of your investment agreement.

6. Website Content

The content on our website, including text, graphics, images, and other materials, is for informational purposes only and does not constitute financial, legal, or tax advice. The information provided is not a commitment to invest or an offer of specific terms. All Home Equity Agreements are subject to underwriting approval and specific terms will be provided in your investment agreement.

7. Intellectual Property

All content, trademarks, logos, and intellectual property on our website are owned by Mend or our licensors. You may not copy, reproduce, distribute, or create derivative works from our content without our express written permission.

8. Prohibited Uses

You agree not to:

  • Use our services for any unlawful purpose
  • Provide false or misleading information
  • Interfere with or disrupt our services or servers
  • Attempt to gain unauthorized access to our systems
  • Use automated systems to access our services without permission
  • Transmit viruses, malware, or other harmful code
  • Infringe on the rights of others

9. Third-Party Services

Our services may include links to third-party websites or integrate with third-party services. We are not responsible for the content, privacy practices, or terms of use of these third parties. Your use of third-party services is at your own risk.

10. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OUR SERVICES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless Mend and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of our services or your violation of these Terms.

13. Dispute Resolution

Any disputes arising from these Terms or your use of our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You agree to waive your right to a jury trial and to participate in class action lawsuits.

14. 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.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of our services after any changes constitutes acceptance of the updated Terms.

16. Termination

We may terminate or suspend your access to our services at any time, with or without cause, and with or without notice. Upon termination, your right to use our services will immediately cease.

17. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

18. Contact Information

If you have questions about these Terms, please contact us:

Mend Solutions, Inc.

Attn: Legal Department

Email: support@mend-solutions.com

Phone: (877) 799-2519