Terms of Service

FirstLienHELOC Terms of Service Agreement

Terms of Service (“Terms”)

Our Terms of Service were last updated on November 22, 2024.

Please read these terms and conditions carefully before using Our Service.

TABLE OF CONTENTS:

I. Introduction
II. Interpretation and Definitions
III. Acknowledgment
IV. Free Educational Content
V. Paid Learning Courses
VI. User Accounts and Profiles
VII. Content
VIII. User Conduct and Banning Policy
IX. Use of the FirstLienHELOC.com Calculator
X. Ownership and Use of Data
XI. Storage of Personally Identifiable Information
XII. Copyright Policy
XIII. Intellectual Property
XIV. Your Feedback to Us
XV. Links to Third Party Websites
XVI. Termination 
XVII. Limitation of Liability
XVIII. “As-Is” and “As-Available” Disclaimer
XIX. Governing Law
XX. Disputes Resolution
XXI. For European Union (EU) Users
XXII. United States Legal Compliance
XXIII. Severability and Waiver & Indemnity
XXIV. Other Provisions
XXV. Changes to Terms of Service
XXVI. Contact Us

I. Introduction

Welcome to FirstLienHELOC.com. By accessing or using our platform, you agree to abide by these Terms of Service. If you do not agree with these terms, please do not use our platform.

FirstLienHELOC.com is not a lender or a loan broker or financial institution and only operates in the capacity of a service provider. Rather, it is independently owned, and is managed and operated by Concinnity LLC.

II. Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms of Service:

• “Affiliate” means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• “Account” means a unique account created for You to access our Service or parts of our Service.
• “Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to FirstLienHELOC.
• “Country” refers to the United States of America.
• “Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
• “Device” means any device that can access the Service such as a computer, a cell phone or a digital tablet.
• “Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
• “Service” refers to the Website, www.FirstLienHELOC.com, and all business activities related to said website.
• “Terms of Service” (also referred as “Terms“) mean these Terms of Service that form the entire agreement between You and the Company regarding the use of the Service.
• “Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
• “Website” refers to FirstLienHELOC.com, accessible from http://www.firstlienheloc.com/
• “You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
  
  III. Acknowledgment
  

These are the Terms of Service governing the use of this Service and the agreement that operates between You and the Company. These Terms of Service set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users and others who access or use the Service.

By accessing or using the Service, You agree to be bound by these Terms of Service. If You disagree with any part of these Terms of Service, then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

IV. Free Educational Content

FirstLienHELOC.com offers free educational content available to all users. This content is for informational purposes only, and while we strive for accuracy, we cannot guarantee its completeness or current relevance.

V. Paid Learning Courses

Some courses or content on FirstLienHELOC.com require payment. Access to such content will be granted upon successful completion of payment. All sales are final, and no refunds will be provided unless otherwise specified.

VI. User Accounts & Profiles

Users of Our Service may choose to become members of FirstLienHELOC.com’s community. By doing so, You may access specific features, forums, and content not available to general users. Membership may come with additional responsibilities and expectations.

Upon registration or membership sign-up, you may be required to create a profile. When You create an account or profile with Us, You must provide Us information that is up to date, accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in suspension or immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

VII. Content

Your Right to Post Content to Forums and Threads

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

Users are encouraged to post and engage in forums and threads. By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

While You are encouraged to post and engage in forums and threads, You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

• Unlawful or promoting unlawful activity.
• Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
• Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
• Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
• Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
• Impersonating any person or entity including the Company and its employees or representatives.
• Violating the privacy of any third person.
• False information and features.

FirstLienHELOC.com reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

VIII. User Conduct and Banning Policy

Users are expected to adhere to our policies and terms. Any user found infringing on our policies, sharing hate speech, pornography, or other prohibited content will face immediate account suspension or termination. FirstLienHELOC.com retains the sole discretion to ban or restrict users as deemed necessary.

IX. Use of the FirstLienHELOC.com Calculator

The calculator provided by FirstLienHELOC.com is for informational purposes only. While we strive to ensure its accuracy, we cannot guarantee its results, and users are encouraged to seek professional advice before making financial decisions. The calculator collects data from its users, including personally identifiable information (PII) as defined in Section XI of this Agreement. By using the FirstLienHELOC.com Calculator, you the User consent and agree to said data being collected.

Disclosure on Information and Advice

FirstLienHELOC.com’s services, including but not limited to the calculator, should not be construed as substitutes for professional services, such as legal or financial services. FirstLienHELOC acknowledges that it conducts research to make sure the information on its site is correct. However, its service should not be considered as medical, legal, or financial advice. The website and the information contained on the website are not a replacement for obtaining professional legal and financial advice. You should consult trained legal and financial professionals as to any document covering these topics.

The website is intended for personal use by individuals related to financial options. You agree not to provide any personal information of any third party or to create profiles on behalf of any other person unless you are the parent or legal guardian of an individual seeking the services of FirstLienHELOC.

Accuracy of Information

Although FirstLienHELOC makes it looks to ensure that the information provided to this website is current and accurate, the company makes no representations or warranties as to the accuracy, reliability, completeness or timeliness of such information on the website or entered into the calculator, and the company makes no commitment and disclaims any duty to update such information. All information is provided “as is” without any representation, warranty or condition as to its accuracy or reliability.

X. Ownership and Use of Data

By sharing data and information with FirstLienHELOC.com, you grant FirstLienHELOC ownership of said data. We retain the right to use this data within the confines of the laws of the United States of America. This includes but is not limited to the analysis, sharing, and commercial use of the data.

XI. Storage of Personally Identifiable Information

FirstLienHELOC.com stores personally identifiable information (PII) provided by its users. This storage is in compliance with our Privacy Policy and all applicable laws and regulations, including all relevant data breach notification laws. PII collected by the Company includes but is not limited to a User’s: name, email address, phone number, physical address, and financial information. This information is used to provide the Services to the Users, including options to replace their mortgages and access to loans, equity, and cashflow strategies.

Data Breach Notification

In the event of a security breach, the Company shall take prompt corrective action to cure any such deficiencies and any action pertaining to such unauthorized disclosure required by applicable federal and state laws and regulations. The Contractor shall report to the proper Authority staff in writing any use or disclosure of PII, whether suspected or actual, within one (1) business day of becoming aware of such use or disclosure.

For California Users:

FirstLienHELOC’s policies and procedures related to data collection, collection of PII, and data breach notifications are in compliance with the California Online Privacy Protection Act (CalOPPA).

For Colorado Users:

FirstLienHELOC’s policies and procedures related to data collection, collection of PII, and data breach notifications are in compliance with the Colorado Privacy Act (Colo Rev. Stat. 6-1-1301).

For Connecticut Users:

FirstLienHELOC’s policies and procedures related to data collection, collection of PII, and data breach notifications are in compliance with the Connecticut Personal Data Privacy and Online Monitoring Act (2022 S.B. 6).

For Montana Users:

FirstLienHELOC’s policies and procedures related to data collection, collection of PII, and data breach notifications are in compliance with the Montana Consumer Data Privacy Act (effective 10/1/2024).

For Oregon Users:

FirstLienHELOC’s policies and procedures related to data collection, collection of PII, and data breach notifications are in compliance with the Oregon Consumer Privacy Act (effective 7/1/2024).

For Texas Users:

FirstLienHELOC’s policies and procedures related to data collection, collection of PII, and data breach notifications are in compliance with the Texas Data Privacy and Security Act (effective 7/1/2024).

For Utah Users:

FirstLienHELOC’s policies and procedures related to data collection, collection of PII, and data breach notifications are in compliance with the Utah Consumer Privacy Act (2022 S.B. 227) (effective 12/31/2024).

For Virginia Users:

FirstLienHELOC’s policies and procedures related to data collection, collection of PII, and data breach notifications are in compliance with the Virginia Consumer Data Protection Act (2021 H.B. H.B. 2307 / 2021 S.B. 1392).

For Users under the jurisdiction of the European Union (EU):

FirstLienHELOC’s policies and procedures related to data collection, collection of PII, and data breach notifications are in compliance with the General Data Protection Regulation (GDPR).

For Users under the jurisdiction of Canada:

FirstLienHELOC’s policies and procedures related to data collection, collection of PII, and data breach notifications are in compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA).

XII. Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at [email protected] and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
• A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
• Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
• Your address, telephone number, and email address.
• A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our copyright agent via email at [email protected]. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

XIII. Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

XIV. Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

XV. Links to Third-Party Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

XVI. Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

XVII. Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You have not purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

XVIII. “AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

XIX. Governing Law

Except to the extent expressly provided in the following paragraph or to the extent required by applicable law, this Agreement and the relationship between you and The Company, and all Transactions on the Services shall be governed by the laws of the United States. Your use of the Application may also be subject to other local, state, national, or international laws.

If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth in this Agreement, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:

If you are a citizen of any European Union country or the United Kingdom, Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

XX. Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

XXI. For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

XXII. United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

XXIII. Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Waiver & Indemnity

By using the Services, You agree, to the extent permitted by law, to indemnify and hold FirstLienHELOC.com, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of this Agreement, your use of the services, or any action taken by the Company as part of its investigation a suspected violation of this Agreement or as a result of its finding or decision that a violation of this agreement has occurred. You agree that you shall not sue or recover any damages from the Company, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or deny access to any information or content, to suspend or terminate your access to the services, or to take any other action during the investigation of a suspected violation or as a result of the Company’s conclusion that a violation of this Agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this Agreement.

Statutory Exceptions for Public Institutions:

If you are a qualified public educational or government institution and any part of this Agreement, such as, by way of example, all or part of the indemnification section, is invalid or unenforceable against you because of applicable local, national, state or federal law, then that portion shall be deemed invalid or unenforceable, as the case may be, and instead construed in a manner most consistent with applicable governing law.

XXIV. Other Provisions

This Agreement constitutes the entire agreement between you and FirstLienHELOC.com and governs your use of the Services, superseding any prior agreements with respect to the same subject matter between you and The Company. You also may be subject to additional terms and conditions that may apply when you make Transactions or use affiliate services, third-party content, third-party software, or additional services such as the Volume Purchase Program. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The Company’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. The Company will not be responsible for failures to fulfill any obligations due to causes beyond its control.

You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Services. Your use of the Services may also be subject to other laws. Risk of loss for all electronically delivered Transactions pass to the acquirer upon electronic transmission to the recipient. No Company employee or agent has the authority to vary this Agreement.

The Company may notify you with respect to the Services by sending an email message to your email address or a letter via postal mail to your mailing address, or by a posting on the Services. Notices shall become effective immediately. The Company may also contact you by email or push notification to send you additional information about the Services.

You hereby grant the Company the right to take steps the Company believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that FirstLienHELOC.com has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party, as The Company believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to the Company’s right to cooperate with any legal process relating to your use of the Services and/or Content, and/or a third-party claim that your use of the Services and/or Content is unlawful and/or infringes such third party’s rights).

XXV. Changes to These Terms of Service

FirstLienHELOC.com reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, the Company will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. The date at the top of this Agreement will reflect the last update. Users are encouraged to review the terms periodically.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

XXVI. Contact Us

If you have any questions about these Terms of Service, You can contact us:

• By visiting this page on our website: http://www.FirstLienHELOC.com
• By calling us at: 615-551-4427