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Terms of Use and Disclaimer

Last updated: March 19, 2014

By accessing or using our Services you agree to be bound by the terms and conditions in these Terms of Use and Disclaimer (“Agreement”), our Privacy Policy, and our Content Disclaimer. The terms “we,” “us,” and “our” mean ZA Systems, Inc. a Delaware Corporation, doing business as Zumption, and its domestic affiliates. The term “Services” shall mean various websites including Zumption.com, applications, widgets, email notifications and other mediums operated by us. Our Services are only available to residents of the United States. If you do not agree to these terms, you are not authorized to use the services and must cease doing so immediately.

THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE AND CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILTY.

Compliance and Ability to be Bound. You acknowledge that this Agreement is supported by valuable consideration, including your ability to visit our website, use and submit information, and otherwise use our Services. Receipt and reasonableness of such consideration is hereby acknowledged by you. Your represent that you have the capacity to be bound by this Agreement and if you are acting on behalf of a company or another entity you have the authority to bind such company or entity. In order to determine your compliance with this Agreement and the Privacy Policy we may monitor your access and use of Services. Our Services are not intended for use by minors. We do not knowingly collect data on anyone under the age of 13 and you should not provide us with information regarding anyone under the age of 13.

Access to and Use of our Services. Your right to access our Services is personal to you and may not be transferred to any other entity. You may only use our Services for legal purposes and must not violate our Privacy Policy. Your access to our Services may be terminated at any time for any reason we in our sole discretion determine appropriate, including but not limited to maintenance, upgrade, repair, or operational necessity. We reserve the right to suspend or discontinue all or part of our Services without prior notice at any time. Any action by you that we in our sole secretion determine a) violates this Agreement or our Privacy Policy is not permitted and may result in your loss of the right to use our Services, b) restricts, prevents, or diminishes any other person’s or entity’s use of our services, or c) defames, abuses, offends, harasses, or threatens us or any other user of our Services is not permitted. You agree not to modify, embed, or frame our services.

Your duty to maintain accurate information and secure passwords. To use certain Services you may be required to provide us with information about you. If you provide us information about yourself, you agree to provide true, accurate, current, and complete information and you agree not to misrepresent your identity. You also agree to keep your information current and to update your information if your circumstances change. If our Services require you to create a password to use certain of our Services it is your responsibility to maintain the security of that password. You agree that we are not liable for any loss that may result from either authorized or unauthorized use if your password by a third party. You agree to notify us immediately of any unauthorized use of your password.

Fees and Payments. Unless you are a Service Provider entering into a separate agreement with us, access and use of our Services is free. However, at any time we may choose to charge fees for various features and services, including but not limited to premium features and services. We will notify of the charges at the time we offer a new service and/or charge a new fee. If we notify you of a new fee for a service and you begin to use or continue to use that service you agree to pay the fee and applicable taxes for that service. Service Providers may pay us a fees for services and/or to be matched with users of our Services. Your hereby acknowledge and accept this arrangement. We are not involved in and are not responsible for any fee or separate agreement that you enter into with a Service Provider.

Third-Party Services. Through our Services we may provide a venue through which you can obtain information on or can connect with third-party service providers such as realtors, real estate agents, brokers or financial institutions (“Service Providers”). We do not endorse or recommend and products or services from Service Providers. We are not an agent nor an advisor to you nor any Service Providers. We do not validate the licenses, certifications, legal or other requirements or qualifications that Service Providers may have or be required to have before providing products or services. It is your responsibility to evaluate Service Providers including their ability and capability to provide you with products and services. You acknowledge that Service Providers and not us are responsible for products and services provided by the Service Providers. We do not make any warranties or representations regarding quotes, fees, terms, rates, coverage, or products and services offered by Service Providers. You hereby release us from any and all losses, costs, damages, or claims that arise out of your use of a Service Provider’s products or services whether or not you were introduced to the Service Provider through our Services. You are solely responsible for complying with all applicable laws and regulations in connection with your use of any services provided by us or Service Providers. You acknowledge that we are not a Service Provider and that you are responsible for your own financial decisions. We recommend that you obtain the advice of financial advisors, attorneys, real estate agents, and/or other qualified professionals who are fully aware of your individual situation before you make any financial or real estate related decisions.

Request for quotes, offers, or services. Our Services may give you the opportunity to request or be matched with and receive quotes, offers, products, or services from Service Providers (“Request”). We make no guarantee that you will be matched with a Service Provider if you make a Request. Whether you make a complete or an incomplete Request you agree that your information may be used and disclosed in accordance with our Privacy Policy to Service Providers, their affiliates, or third-party service providers whom you authorize to conduct all necessary research and investigation with your information including checking your credit history if applicable for purposes of providing products or services associated with your Request. If you make a Request then you specifically authorize us or Service Providers to contact you by telephone, mail, email, at the numbers and/or addresses you provide to us. You consent to receive phone calls from us at the numbers you provide even if your number is on any “Do Not Call” list.

Submissions of content or information to our Services. If you transmit, post, or otherwise submit content or information (“Submissions”) to our Services that is not protected by Federal Trademarks or Copyrights you automatically grant us and our assigns a royalty free right to use, copy, adapt, make derivative works, and/or incorporate you Submissions into Services or any other public or private media without limitation. You shall not transmit, post, or otherwise submit information or content that a) infringes on our or any third party’s intellectual property rights, b) violates any law, statute, or regulation, c) is libelous, threatening, harassing, defamatory, obscene, or offensive, d) interferes with any party’s right to privacy or publicity, e) contains viruses, worms, Trojan horses, trap doors, time bombs, or contains any computer code that could be destructive to our Services or third party’s products or services, data, or information, d) commercial advertisements, solicitation, or offers without our express permission, e) is false, inaccurate, or misleading, f) constitutes or contains spam, chain letters, political correspondence, or mass mailings, e) contains code intended or in effect interferes with or intercepts our or other users data, or f) violates our Privacy Policy. We reserve the right but not the obligation to edit, delete, refuse, post, or remove any Submissions for any reason whatsoever including but not limited to violations of this agreement. You shall not solicit users of our Services for any purpose, commercial or otherwise, without our express written permission.

Intellectual Property Rights. Our names, graphics, logos, icons, scripts, service names are our trademarks or trade dress in the United States. You may not use these marks without our express written permission. We make no proprietary claim to any third-party marks contained within our Services. You are solely responsible for damages arising out of your infringement of any third party’s intellectual property. The information, data, content, and software viewable on or contained in our Services including pictures, text, charts, graphics, images, videos, drawings, icons (“Content”) are copyrighted or licensed by us or copyrighted or licensed by the Service Providers. We own a copyright for the collective work which involves the selection, arrangement, and presentation, display and enhancement of the Content.

Use of Content. We grant you a limited license to access, print, download and make personal use of the content and collective works embodied by the services. This license is limited to making one machine readable copy, one backup copy, and one hardcopy printed copy of content. Use of content is permitted only for personal non-commercial use unless specifically authorized by use. You shall not delete or interfere with any proprietary notices contained in the content. You may not modify the content, transfer or distribute it to any other person or entity, or utilize it for public display.

We make no representations nor warranties regarding content or Services. THESE SERVICES ARE OFFRED “AS IS.” WE DO NOT MAKE ANY AND WE EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION, ACCURACY, OR CORRECTNESS OF OUR SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED IN OUR SERVICES. WE DO NOT MAKE ANY AND WE EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES IS AT YOUR OWN RISK.

WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE CONTENT AVAILABLE FOR DOWNLOADING THROUGH OUR SERVICES IS FREE OF INFECTIONS OF VIRUSES, TROJAN HORSES, BACK DOORS, TRAP DOORS, TIME BOMBS, OR ANY OTHER MALISCIOUS OR DESTRUCTIVE CODE, OR ANY CODE DESIGNED TO MISAPPROPRIATE DATA.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability. YOU ACKNOWLEDGE THAT WE ARE NOT A FINANCIAL INSTUTION NOR A REAL ESTATE AGENT OR BROKER. YOU ACKNOWLEDGE THAT WE ARE SOLELY AN INTERMEDIARY BETWEEN YOU AND SUCH SERVICE PROVIDERS, AND THEREFOR WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY BY SUCH SERVICE PROVIDERS. WE ARE NOT LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE OUR SERVICES OR FOR ANY INFORMATION OBTAINED THROUGH OUR SERVICES OR THAT RESULT FROM MISTAKES OR OMISSIONS.

YOU ACKNOWLDGE THAT WE DO NOT HAVE ANY CONTROL OVER THE QUALITY, CORRECTNESS, COMPLETENESS, TIMELINESS, SAFETY, TRUTH OR LEGALITY OF USER GENERATED CONTENT. YOU MAY FIND THIS CONTENT TO BE OFFENSIVE, HARMFUL, INACCURATE, OR DECEPTIVE. YOU ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR USER GENERATED CONTENT THAT IS OFFENSIVE, DEFAMATORY, OR ILLEGAL WITH RESPECT TO YOU OR ANY THIRD PARTY. THE RISK OF USE OF SUCH CONTENT LIES ENTIRELY WITH YOU.

Limitations on Services. The content is provided to you to assist in your learning about assumable mortgages. It does not take into account your own financial situation and before you make any decisions you should consult your own legal, financial, and other professionals whom have knowledge of your own circumstances. You are responsible for your own decisions. You hereby acknowledge that we have no responsibility for any result or consequence related directly or indirectly to any action of inaction that you or any other party take based on the Services.

Role of Zumption. We are not a lender, mortgage broker, loan originator, loan processor, or underwriter. We do not aid or assist borrowers in obtaining loans, solicit borrowers or lenders for loans. We do not take applications for credit. Nothing contained in the Services should be construed as an offer to loan or provide financing. We do not offer or guarantee any specific terms on new loans or on assumable loans. We are not an agent for either buyer, sellers, or Service Providers. We are only providing an administrative services to buyers, sellers, and Service Providers.

Limitations on Information. We make no representations nor warranties concerning the correctness, accuracy, or timeliness of any number, value, balance, term, rate, price, savings, payment, formula, age, feature, attribute, description, summary, estimate, summation, collection, calculation, picture, drawing, graph, location, information, or any other data (“Information”) we publish through our Services. In many instances we rely on Information provided by third parties, including public and private databases, governments, other websites, public domain, and other users. The Information on our Services may be aged, inaccurate, or entirely incorrect. We make no representations nor warranties on the readiness or availability for assumption of any mortgage on any home that appears on our Services. These loans might not be assumable at all. We do not imply that the owner of any home appearing on our website desires or is willing to have his or her mortgage assumed. Information, including the potential availability of an assumable loan, is provided for your convenience only. It is meant to be a starting point for your own investigation. You hereby acknowledge that we have no responsibility for any result or consequence related directly or indirectly to any action of inaction that you or any other party take based on the Information. We recommend that you perform your own due diligence and consult professional advisors before making any decision or taking any actions concerning your finances.

Links to Other Websites. Our website may contain a number of links to other websites and online resources that are not owned or controlled by us. Having a link to a third party website on our Services does not constitute endorsement of those parties, nor the products and services of those parties. We has no control over, and therefore cannot assume responsibility for, the content or general practices of any of these third party sites and/or services. Therefore, we strongly advise you to read the entire terms and conditions and privacy policy of any site that you visit as a result of following a link that is posted on our site.

Copyright Infringement. It is our policy to comply with the Digital Millennium Copyright Act. Title 17, United States Code, Section 512, including without limitation responding to notices of alleged copyright infringement and other applicable intellectual property laws. We shall in appropriate cases disable and/or terminate the accounts of users who may infringe the intellectual property of our and others. Notices of alleged copyright infringement should be sent to our designated contact vial registered or express mail at the following address:

  • Scott W. Celley, Esq.
  • ZA Systems, Inc.
  • 5 East Main Street
  • Clinton, NJ 08809
  • Email:

Access to Services and interference. You will not use any a) automated queries including but not limited to robots, spiders, scrapes, b) data gathering or extraction techniques except for those provided by us as part of our Services, c) tools, programs or methodology to monitor our Services, users, or data. You will not take any action that a) creates a disproportionately large load on our infrastructure, b) interferes with or attempts to interfere with the normal execution of our Services, c) bypasses any security, access, or traffic management mechanism included in our Services, d) removes any headers or notices affixed to our content. You shall not collect any personally identifiable information contained in our Services. You will not use and Posting or communication mechanisms provided by our Services for commercial or solicitation purposes. Notwithstanding the above we grant operators of public search engines the right to search through automated queries our content for the sole purpose of making indices that enable public search request to find our content and Services.

Electronic communications. When you use our Services you are communicating with us electronically and you consent to receive communications electronically including via email and by posting message through our Services. From time to time we may choose to communicate with you by mail, but your consent to receive electronic communications will survive. You agree that electronic communications will satisfy all notice and legal requirements for agreements, notices, and disclosures including those that must be in writing.

Responsibility for equipment and costs. You are responsible for obtaining and maintaining all telephone, network, computer hardware, software, and access services necessary to access the Services and all costs necessary to access the Services will be paid by you. In particular, if you access our Services via a mobile device your carrier may charge you additional rates and fees that will be paid by you.

Injunctive Remedy. You acknowledge that we may be irreparably damaged if this Agreement is no specifically enforced and damages at law would be an inadequate remedy. Therefore, notwithstanding the mutual requirement to arbitrate, in the event of a breach or threatened breach by you we shall be entitled in addition to all other rights and remedies, to and injunction retraining such a breach or threatened breach without being required to show any actual damage or to post a bond. For the purposes of this section you agree that any action or proceeding regarding such injunction shall be brought in the courts of Hunterdon County or the United States District Court for the District of New Jersey. You consent to the jurisdiction of such courts and waive any objection to their venue.

Governing law and limitations of claims. This Agreement is governed and interpreted in accordance with the laws of the state of New Jersey. Regardless of any statute or law to the contrary, any claim or cause of action arising out of your use of the Services must be filed within one (1) year from the date on which the claim or cause of action arose or else the claim or cause of action will be barred forever. This Agreement together with our Privacy Policy do not create any private right of action for any third party.

Arbitration. Any controversy of claim arising out of or related to your use of the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.

Prohibition against class actions, representative actions, and other non-individualized relief. YOU AND WE EACH AGREE THAT WE MAY ONLY BRING CLAIMS AGAINST EACH OTHER ON AN INDIVIDUAL BASIS AND NOT PART OF A CLASS ACTION, REPRESENTATIVE ACTION, OR NON-INDIVIDUALIZED PURSUIT FOR RELIEF.

Indemnification of us. You agree to defend, indemnify, and hold us harmless from and against any claims, damages, costs, liabilities, and expenses (including but not limited to reasonable attorney’s fees) arising out of any content that you post, store, or otherwise transmit through or to the Services.

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.

Survivability. If any portion of this Agreement is deemed unlawful, void, or unenforceable by any court of competent jurisdiction or by any arbitrator, that portion of this Agreement shall be deemed stricken or deleted and all other portions and the remainder of this Agreement shall be enforced by mutual agreement of the parties.

Headings. Headings are provided in this Agreement for convenience and reference only. They have no meaning and are not to be considered part of this Agreement, nor shall they limit or otherwise affect in any way the meaning of this Agreement.

Entire Agreement. This Agreement and our Privacy Policy represent the entire understanding, agreement, and terms and conditions between you and us regarding our Services. They supersede all previous agreements, understandings, or representations between us.

Modification to Services. We reserve the right to modify or discontinue completely or in part the Services or any Content appearing within. We will not be liable to you or anyone else for exercising this right.

Modification of this Agreement. We reserve the right to change or modify these Terms of Use and Disclaimer, or any policy or guideline associated with the Services at any time and within our sole discretion. Any changes or modification will have immediate effect on the Services. You waive any right to receive specific notice of such changes or modifications. Your continued use of the Services following such changes will confirm your acceptance of them. We recommend that you check the Agreement periodically and note version and dates for changes.

Contact. If you have any questions comments, concerns, or suggestions regarding this Agreement please contact us at