Terms of Service

These Terms of Service (“Terms”) form a binding agreement between
you and ShopDPA LLC, a Texas limited liability company doing business as
ShopDPA® (“ShopDPA,” “we,” “us,” or
“our”), governing your access to and use of
shopdpa.com and any related subdomains, brand sites,
mobile experiences, calculators, forms, and services we operate (collectively, the
“Site” or “Service”).

By using the Site or submitting any form on the Site, you agree to these Terms, our
Privacy Policy, and our TCPA Consent
(presented at the lead form). If you do not agree, do not use the Site.

1. About ShopDPA — what we are and what we are not

ShopDPA is a Texas home loan referral and matching service. We help Texas
homebuyers learn about and apply for state down payment assistance programs — including
programs run by the Texas State Affordable Housing Corporation (TSAHC) and the Texas
Department of Housing and Community Affairs (TDHCA), the federal Mortgage Credit Certificate
(MCC), and other state and federal homeownership programs — and we connect qualified
buyers with licensed mortgage professionals in our partner network.

ShopDPA is not a licensed mortgage broker, lender, or loan officer. We do
not originate, fund, underwrite, approve, deny, or service mortgage loans. We are not a
government agency. We are not affiliated with the U.S. Department of Veterans Affairs, the
U.S. Department of Housing and Urban Development, the Texas State Affordable Housing
Corporation, the Texas Department of Housing and Community Affairs, the Texas General Land
Office, the Texas Veterans Land Board, or any city, county, or government agency.

Information about government programs is provided for educational purposes only
and is verified at the relevant agency’s official website on the date noted on each page.
All program details, eligibility, dollar amounts, income limits, and availability are
subject to change at any time without notice.

2. Eligibility

You must be at least 18 years old and a resident of one of the 50 United
States to use the Site. By using the Site, you represent and warrant that you meet these
requirements. If you are using the Site on behalf of an organization, you represent and
warrant that you are authorized to bind that organization to these Terms.

3. License to use the Site

Subject to your compliance with these Terms, we grant you a personal, non-exclusive,
non-transferable, revocable, limited license to access and use the Site for your own
personal, non-commercial purposes. We reserve all rights not expressly granted in these Terms.

4. Account registration (when applicable)

Some features of the Site may require you to create an account or submit a form. You agree
to provide accurate, current, and complete information; to keep that information up to date;
and to safeguard any password or other access credentials you receive. You are responsible
for all activity that occurs under your account, except to the extent caused by our error.

5. Information you submit

You may submit information through forms, contact requests, calculators, or other Site
features. You represent and warrant that:

• The information you submit is true, accurate, current, and complete to the best of your knowledge.
• You have the right to submit the information.
• The information does not violate any third party’s rights or any law.

We are entitled to rely on the information you submit. Submitting false or misleading
information may result in suspension of your access to the Site and may give us a claim for
any harm we suffer as a result.

When you submit information through a lead form, you understand and agree that we will share
that information with one or more licensed mortgage professionals in our partner network, as
further described in our Privacy Policy.

6. Prohibited conduct

You agree not to:

1. Use the Site in violation of any applicable law, regulation, court order, or these Terms.
2. Submit false, misleading, or fraudulent information.
3. Impersonate another person or entity, or misrepresent your affiliation with any person or entity.
4. Use the Site to harass, threaten, or harm any other person.
5. Scrape, mirror, frame, harvest, or otherwise collect content from the Site by automated or manual means without our prior written permission.
6. Use any robot, spider, web crawler, scraper, or similar automated means to access the Site, except for the limited purpose of indexing the Site for general public search engines.
7. Reverse engineer, decompile, or attempt to derive the source code of any software made available through the Site.
8. Probe, scan, or test the vulnerability of the Site or its underlying systems, or attempt to circumvent any security or access control mechanism.
9. Interfere with, disrupt, or place an unreasonable load on the Site or its underlying infrastructure.
10. Upload or transmit viruses, worms, trojans, or other malicious code.
11. Use the Site to send unsolicited commercial communications (“spam”).
12. Republish, sell, lease, sublicense, or commercially exploit any content from the Site.
13. Use the Site to compete with us or to solicit business from individuals or partners listed on the Site.
14. Remove any copyright, trademark, or other proprietary notice from any content on the Site.
15. Use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use of the Site.

We reserve the right to investigate suspected violations and to cooperate with law enforcement authorities.

7. Intellectual property

All content on the Site — including ShopDPA®, our logos, trade dress, brand marks,
text, graphics, photographs, illustrations, calculators, forms, software, source code, and
the design and arrangement of the Site — is owned by ShopDPA or its licensors and is
protected by United States and international copyright, trademark, and other intellectual
property laws.

ShopDPA® and any associated logos and brand marks are trademarks of
ShopDPA LLC. Other names, logos, and marks shown on the Site (including TSAHC, TDHCA, HUD,
the VA, Fannie Mae, Freddie Mac, partner lender names, and program names) are the property
of their respective owners and are used for descriptive and educational purposes only.

8. Third-party content, links, and services

The Site contains links to third-party websites, resources, and services (including TSAHC.org,
TDHCA.texas.gov, IRS.gov, partner mortgage professionals’ websites, and others). We provide
these links and references for your convenience and information only.

ShopDPA does not endorse, sponsor, or assume responsibility for any third-party site,
content, product, or service. We have no control over and are not responsible for the
availability, content, accuracy, privacy practices, or security of any third-party site or
service. Your use of any third-party site or service is at your own risk and subject to that
party’s terms and policies.

9. Estimates, not commitments — important

All down payment assistance amounts, MCC tax credit amounts, monthly payment estimates,
savings estimates, eligibility estimates, and program-benefit dollar figures shown on the
Site are estimates based on program rules and assumed buyer fact patterns
at the time the page was last verified. Your actual eligibility and benefit depend on your
individual financial situation, your county, your loan amount and program structure, your
federal tax liability (for MCC), program funding availability, and program rules in effect
at the time you close.

No estimate or calculator output on the Site is a commitment to lend, a quote, an
offer of credit, or a guarantee of any specific benefit. No content on the Site is
legal, tax, or financial advice. You should consult your own qualified mortgage professional,
tax preparer, or attorney before making any decision based on information from the Site.

10. RESPA and compensation disclosure

ShopDPA earns revenue by introducing buyer leads to licensed mortgage professionals in our
partner network. ShopDPA does not receive compensation from any lender or loan officer
that is contingent on any specific loan closing, loan amount, or interest rate. Our
compensation structure is designed to comply with the Real Estate Settlement Procedures Act
(RESPA) Section 8 and applicable state law.

Please review our License Information page for the
current list of partner mortgage professionals, their NMLS license numbers (verifiable at
NMLS Consumer Access), and
the entities they are sponsored by.

11. Disclaimer of warranties

THE SITE AND ALL CONTENT, FEATURES, FUNCTIONALITY, AND SERVICES MADE AVAILABLE THROUGH THE
SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, SHOPDPA AND ITS AFFILIATES, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS,
AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT,
AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:

• THE SITE OR ANY CONTENT WILL BE ACCURATE, RELIABLE, COMPLETE, OR CURRENT.
• THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
• ANY DEFECTS WILL BE CORRECTED.
• THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
• THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
• ANY MORTGAGE LOAN, GRANT, DOWN PAYMENT ASSISTANCE PROGRAM, OR OTHER BENEFIT REFERENCED ON THE SITE WILL BE AVAILABLE TO YOU OR WILL BE APPROVED, FUNDED, OR HONORED BY ANY LENDER, GRANTOR, OR OTHER PARTY.

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

12. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SHOPDPA OR ANY OF
ITS AFFILIATES, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR
ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES
(including, without limitation, damages for lost profits, lost data, lost business
opportunities, lost use, or business interruption) ARISING OUT OF OR IN CONNECTION WITH THESE
TERMS, THE SITE, OR ANY CONTENT OR SERVICE PROVIDED THROUGH THE SITE, REGARDLESS OF THE
THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STATUTE, OR OTHERWISE), EVEN IF SHOPDPA HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO
THESE TERMS, THE SITE, OR ANY CONTENT OR SERVICE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS
($100).

The limitations in this Section 12 apply even if any limited remedy fails of its essential
purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so
some of the above limitations may not apply to you. Nothing in these Terms limits any
liability that cannot be limited under applicable law.

13. Indemnification

You agree to indemnify, defend, and hold harmless ShopDPA and its affiliates, officers,
members, managers, employees, agents, and licensors from and against any and all claims,
demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’
fees) arising out of or relating to: (a) your use or misuse of the Site; (b) your violation
of these Terms; (c) your violation of any third-party right (including intellectual property
and privacy rights); (d) any information you submit or content you upload; or (e) your
violation of any applicable law.

We reserve the right, at our own expense, to assume the exclusive defense and control of any
matter for which you are obligated to indemnify us, in which case you agree to cooperate with
our defense.

14. Binding arbitration; class action waiver

14.1 Agreement to arbitrate

You and ShopDPA agree that any dispute, claim, or controversy arising out of
or relating to these Terms, the Site, the Services, your interactions with our partner
network, or any communication you receive from ShopDPA or our partners will be resolved
exclusively by binding individual arbitration, except as described in
Sections 14.6 and 14.7.

This agreement to arbitrate is governed by the Federal Arbitration Act
(9 U.S.C. §§ 1–16). The arbitrator, not any court or agency, has exclusive authority to
resolve any dispute arising out of or relating to the interpretation, applicability,
enforceability, or formation of this arbitration agreement, except that a court has authority
to decide whether the class-action waiver in Section 14.4 is enforceable.

14.2 Arbitration procedure

Arbitration will be administered by the American Arbitration Association (AAA)
under its Consumer Arbitration Rules, available at
adr.org. The arbitration will take place in
Tarrant County, Texas, or, at your option, in the U.S. county where you
reside, and will be conducted in English. The arbitrator will follow applicable substantive
law and may award any relief that a court could award (other than class or representative
relief).

The arbitrator’s decision will be final and binding. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

14.3 Fees

For claims totaling less than $10,000, ShopDPA will pay all AAA filing, administrative, and
arbitrator fees, except that you must pay the consumer share of the AAA filing fee (currently
$200 or as set by AAA). For larger claims, fees will be allocated under the AAA Consumer
Rules. If the arbitrator finds your claim is frivolous, you may be required to reimburse
some fees.

14.4 Class action waiver

YOU AND SHOPDPA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS,
COLLECTIVE, OR REPRESENTATIVE PROCEEDING. Unless you and ShopDPA agree otherwise,
the arbitrator may not consolidate more than one person’s claims and may not preside over
any form of representative or class proceeding.

If a court decides this class-action waiver is unenforceable as to any claim or any request
for particular relief, then that claim or request will be severed from arbitration and may
proceed in court — but the rest of the dispute, and the agreement to arbitrate, will
remain in effect.

14.5 Jury trial waiver

YOU AND SHOPDPA EACH WAIVE ANY RIGHT TO A JURY TRIAL in any court proceeding
involving any claim covered by this agreement to arbitrate.

14.6 Exceptions

Either party may bring an individual action in small-claims court for any
dispute that qualifies for that court’s jurisdiction. Either party may also seek
injunctive or equitable relief in court for infringement of
intellectual property rights, misappropriation of trade secrets, or actual or
threatened violation of the prohibited-conduct provisions of these Terms. Neither party
waives any right to seek injunctive relief, even if a related claim is being arbitrated.

14.7 30-day right to opt out of arbitration

You can opt out of this arbitration agreement by sending written notice to
legal@shopdpa.com with the subject line
“Arbitration Opt-Out” within 30 days of the date you
first accept these Terms. Your notice must include your full name, the email address
you used on the Site, and a statement that you wish to opt out of arbitration. If you opt
out, neither you nor ShopDPA will be bound by Sections 14.1 through 14.5 with respect to
claims that arise after your opt-out, but the rest of these Terms will remain in effect.
Opting out has no other effect on your relationship with ShopDPA.

14.8 Survival

This Section 14 survives termination of these Terms and your relationship with ShopDPA.

15. Governing law and venue

These Terms are governed by the laws of the State of Texas, without regard
to its conflict-of-laws principles. The Federal Arbitration Act governs the agreement
to arbitrate in Section 14.

Subject to Section 14, the exclusive venue for any claim, action, or
proceeding that is not subject to arbitration is in the state and federal courts
located in Tarrant County, Texas. You and ShopDPA each consent to the personal
jurisdiction of those courts and waive any objection to venue.

16. Termination

We may suspend or terminate your access to the Site at any time, for any reason, with or
without notice. Upon termination, the provisions of these Terms that by their nature are
intended to survive will survive (including Sections 7, 9, 10, 11, 12, 13, 14, 15, 17, 18,
and 19).

17. Modifications to these Terms

We may modify these Terms from time to time. When we make material changes, we will update
the “Last updated” date at the top of this page and, where appropriate, provide
additional notice (such as a banner on the Site or an email notice).

Your continued use of the Site after the effective date of a modified version of
these Terms constitutes your acceptance of the modified Terms. If you do not agree
to a modified version, your sole remedy is to stop using the Site.

18. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that
provision will be enforced to the maximum extent permissible, and the remaining provisions
will continue in full force. The class-action waiver in Section 14.4 is severable from the
rest of these Terms only as expressly described in that Section.

19. Miscellaneous

• Entire agreement. These Terms, together with the Privacy Policy and the TCPA Consent presented at the lead form, constitute the entire agreement between you and ShopDPA regarding the Site and supersede all prior agreements on the subject.
• No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in whole or in part to any successor in interest in connection with a merger, acquisition, reorganization, or sale of assets, without notice or consent.
• Notices. Notices to ShopDPA must be sent in writing to the email address in Section 21. Notices to you may be sent to the email address in your most recent submission or posted on the Site.
• Force majeure. Neither party is liable for any delay or failure to perform caused by circumstances beyond its reasonable control.
• Relationship. Nothing in these Terms creates a partnership, joint venture, agency, fiduciary, or employment relationship between you and ShopDPA.
• Headings. Section headings are for convenience only and do not affect interpretation.

20. Special provisions for California, Texas, and other state-law residents

If you are a California resident, California Civil Code Section 1789.3 requires us to provide
you with the following notice: The Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs may be contacted in writing at
1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at
(800) 952-5210.

If you are a Texas resident, you may submit consumer complaints to the
Texas Attorney General Consumer Protection Division at
texasattorneygeneral.gov/consumer-protection
or 1-800-621-0508.

21. Contact us

ShopDPA LLC
Attn: Legal
Email: legal@shopdpa.com