Terms and Conditions

Welcome to Swoop, operated by Swoop, Inc. (collectively, with its wholly owned subsidiary, Swoop Inc. , a Philippine corporation) is part of Swoop Inc., (with all of its subsidiaries, “Swoop Inc.”). By using Swoop Inc.’s websites (defined to include all properties (mobile, Web or otherwise) owned and operated by Swoop Inc.), related data, and/or related services (collectively, “Services”), you agree to be bound by the following terms of use, as updated from time to time (“Terms of Use”).

  1. Permissible Use. Unless you are a real estate or lending professional acting in your professional capacity, you agree to use the Services for your personal use, and your commercial use is limited to transactions done on your own behalf. The commercial use of real estate and lending professionals is limited to providing information to consumers via the Services or, where authorized, taking actions on behalf of a consumer client (e.g., post a home for sale). Without limitation, lending professionals and institutions are prohibited from using information provided by Swoop Inc. through the Services in making any loan-related decisions. The Services may be used only for transactions in residential real estate and may not be used for transactions in commercial real estate, which includes, without limitation, commercially zoned properties, timeshares, and vacation rentals. Subject to the restrictions set forth in the following paragraphs, you may copy information from the Services only as necessary for your personal use to view, save, print, fax and/or e-mail such information. You agree otherwise not to reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble or reverse engineer any portion of the Services. In addition, you agree not to provide/post/authorize a link to any of the Services (including but not limited to your agent profile page) from a third party website that is not a real estate related website owned or operated by a real estate or lending professional or institution. Notwithstanding the foregoing, the aggregate level data provided on the Swoop Local-Info Pages, and available at swoop.ph, (the “Aggregate Data”) may be used for non-personal uses, e.g., real estate market analysis. You may display and distribute derivative works of the Aggregate Data (e.g., within a graph), so long as Swoop Inc. is cited as a source.
  2. Restrictions and Additional Terms. You agree not to remove or modify any copyright or other intellectual property notices that appear in the Services. You will not use the Services for resale, service bureau, time-sharing or other similar purposes. Further:
    1. Acceptable Use. You agree not to use the Services in any way that is unlawful, or harms Swoop Inc., its service providers, suppliers or any other user. You agree not to use the Services in any way that breaches the Good Neighbor Policy, the Listing Quality Policy, the Swoop Inc. Mortgages Terms of Use, the Video Walkthrough Guidelines, the Swoop Rentals Terms or any other policy or notice on the Services. You agree not to distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services. You agree not to impersonate another person or misrepresent your affiliation with another person or entity. Except as expressly stated herein, these Terms of Use do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party Web sites or otherwise. Except as expressly stated herein and without limitation, you agree that you will not, nor will you permit or encourage any third party to, reproduce, publicly display, or otherwise make accessible on or through any other Web site, application, or service any reviews, ratings, and/or profile information about real estate, lending, or other professionals, underlying images of or information about real estate listings, or other data or content available through the Services.
    2. Automated Queries. Automated queries (including screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) are strictly prohibited on the Services, unless you have received express written permission from Swoop Inc.. As a limited exception, publicly available search engines and similar Internet navigation tools (“Search Engines”) may query the Services and provide an index with links to the Services’ Web pages, only to the extent such unlicensed “fair use” is allowed by applicable copyright law. Search Engines are not permitted to query or search information protected by a security verification system (“captcha”) which limits access to human users.
    3. Windows Live Virtual Earth. Windows Live Virtual Earth imagery is supplied by Microsoft Corporation, and use is subject to the Microsoft MapPoint Terms of Use
    4. Google Maps. Some of the Services implement the Google Maps web mapping service. Your use of Google Maps is subject to Google’s terms of use.
    5. Calls. If you, as a consumer, choose to contact a real estate agent or a Lender (as defined below) through the Services by filling out a contact or other request form on the Services, you authorize Swoop Inc. (specifically Swoop Inc. in connection with information provided to a Lender) to provide your name and contact information and other identifying information you provide to the applicable real estate agent or Lender. Further, if you elect to request pre-approval from a Lender (as defined below) in connection with your contact with a real estate agent, you authorize Swoop Inc. to provide your name and contact information and other identifying information you provide to the participating Lender. You acknowledge that, by submitting your contact request or other request form on the Services or by electing to request pre-approval, you may receive telemarketing calls from or on behalf of the real estate agent or Lender at the telephone number(s) you provide.
    6. The Services may provide phone numbers that can connect you with Swoop Inc., its service providers, or other third parties, such as real estate agents and Lenders. Some of the numbers listed may be routed through a third party service (“Calling Service”). Calls through the Calling Service may be recorded or monitored for quality assurance and customer service purposes. In the event that you make a call to Swoop Inc. or through a Calling Service, you consent to such recording and monitoring. Swoop Inc. will treat recorded calls in accordance with its Privacy Policy.
  3. Materials You Provide; Account Use; Privacy; Third Party Web Sites. For materials you post or otherwise provide to Swoop Inc. in connection with the Services (your “Submission”), you grant Swoop Inc. an irrevocable, perpetual, royalty-free worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your Submission, in connection with the Services or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law. Swoop Inc. will not pay you for your Submission or to exercise any rights related to your Submission set forth in the preceding sentence. Swoop Inc. may remove or modify your Submission at any time. For each Submission, you agree to provide accurate and complete information and represent that you have all rights necessary to grant Swoop Inc. the rights in this paragraph, that Swoop Inc.’s use of the Submission will not infringe any third party rights and that the Submission complies with Section 2(a) above. You are solely responsible for all Submissions made through your user account(s) on the Services or that you otherwise make available through the Services.
  4. Swoop Inc. will not use client contact information that is uploaded by agents into the Swoop Agent Hub portal for any purpose.
  5. You may not share your user account(s) with others. You are responsible for all actions taken via your account. Swoop Inc. will treat your use of the Services in accordance with its Privacy Policy. Certain Swoop Inc. functionalities may involve the distribution of your Submission to third party websites over which Swoop Inc. has no control. Swoop Inc. is not responsible for and makes no warranties or representations pertaining to these third party Web sites, including but not limited to the content, availability, or functionality of such Web sites. You are responsible for ensuring that your Submission complies with the terms of use associated with any such third party Web site and you understand that your Submission and your use of a third party Web site will be treated in accordance with that third party Web site’s own privacy policy.
  6. Advertising. Swoop Inc.’s business is primarily funded through advertising. You understand and agree that the Services may include advertisements, and that these are necessary to support the Services. To help make the advertisements relevant and useful to you, Swoop Inc. may serve advertisements based on the information we collect from you or in relation to your interaction on our site. See the Privacy Policy for more details. In the event that you have entered into a separate agreement (“Diverse Solutions Agreement”) with Swoop Inc. under which you are granted the right to use certain of Swoop Inc.’s Diverse Solutions products (the “Diverse Solutions Products”), Swoop Inc. will not serve advertising on the Diverse Solutions Products unless otherwise provided in the Diverse Solutions Agreement.
  7. Mortgage Information Services. These terms apply specifically to the Services offered by Swoop Inc.:
    1. Mortgages. Swoop Inc., specifically Swoop Inc. , allows consumers to provide anonymous information to banks, lenders, financial institutions, originators, loan brokers, other mortgage professionals and their employees (collectively, the “Lenders”) to request quotes on terms for home loans. Lenders may elect to respond to consumer requests with non-binding customized quotes of the terms they would offer to a borrower fitting the consumer’s anonymous profile, as well as their contact information. These non-binding quotes are not intended to be official Loan Estimates as defined in the Real Estate Settlement Procedures Act. Swoop Inc., through Swoop Inc. , also allows consumers to provide certain information to Lenders and receive Lender contact information or request that Lenders pre-approve them for home loans. Swoop Inc. does NOT take mortgage applications. Swoop Inc. does NOT make loans or credit decisions in connection with loans. Any loan inquiry you submit is NOT an application for credit. Swoop Inc. does not pre-approve borrowers for loans. Swoop Inc. lists Lenders who may conduct a preliminary review to determine your loan qualifications based on their guidelines. To receive a pre-approval letter, you must complete a short online questionnaire that asks for personal information including income, credit score, and monthly debt. After completing the questionnaire, you may see an estimated pre-approval amount based on the information you provided. To continue the process of requesting a pre-approval letter, a Lender will require more details, such as pulling your credit report (at your request). If you meet the Lender’s guidelines based on preliminary review of your responses to the questionnaire and your credit report, you may receive an online pre-approval letter. A pre-approval letter is not an offer to lend, a commitment to make a loan, or a guarantee of specific rates or terms. Even if you receive a pre-approval letter, you may not get a loan from a Lender or a loan at a specific rate or subject to particular terms. A Lender may require income and asset verification, as well as satisfaction of other conditions, before they commit to extending a loan. Swoop Inc. does not guarantee acceptance into any particular loan program or specific loan terms or conditions with any Lender—loan approval standards are established and maintained solely by individual Lenders. Swoop Inc. does not guarantee that the loan terms or rates offered and made available by Lenders are the best terms or lowest rates available in the market.
    2. When consumers submit the required information for a Lender to contact them or when consumers request pre-approval from a participating Lender, Lenders may elect to respond based on parameters established by the Lender and Swoop Inc. will create a contact for the selected Lender based on parameters established by the Lender. If you, as a consumer, choose to contact a Lender through the Services offered by Swoop Inc., by filling out a contact request or other request form or by completing a questionnaire on websites associated with these Services, you authorize Swoop Inc., to provide your name, contact information and other information you provide to a Lender, along with your quote or pre-approval request (if any). You acknowledge that, by submitting your contact request, other request form or by completing a questionnaire on the Services, you may receive telemarketing calls from or on behalf of a Lender at the telephone number(s) you provide. By submitting your name, contact information and other information, your identity will no longer be anonymous. Any loan or other business conducted is between you and the Lender.
    3. By submitting personal information through Services offered through Swoop Inc., you authorize, Lenders (or a third party designated by a Lender) to request from one or multiple credit bureaus / reporting agencies, your credit bureau report including any ancillary credit scores or ratings.
    4. The Role of Swoop Inc.; Disclaimer. Swoop Inc. is not a Lender, loan originator, loan processor, or underwriter. Swoop Inc. does not aid or assist borrowers in obtaining loans, solicit borrowers or Lenders for loans, offer or negotiate terms of loans, or make loans or credit decisions in connection with loans. Swoop Inc. does not take applications for credit or issue pre-approval letters. Your submission of information and any request for quotes or pre-approval is not an application for credit. Swoop Inc. does not endorse, refer or recommend any Lender or the products of any Lender. Consumers should rely on their own judgment in deciding which available loan product, terms and Lender best suit their needs and financial means. Nothing contained in the Services is an offer to lend or a commitment for a loan, and Swoop Inc. does not guarantee any specific loan terms and conditions offered to consumers by a Lender will be granted, or that consumers will be offered any type of loan by any Lender. Swoop Inc. is not an agent of either any consumer or any Lender. Swoop Inc. is only providing an administrative service to consumers and participating Lenders. Decisions regarding Lenders contacting consumers or pre-approval requests are made by participating Lenders and not Swoop Inc. Swoop Inc. assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that consumers take based on the Services, including Swoop, Inc., and any other information available there. Interest rates provided through the Services are for information purposes only, and actual interest rates may vary. Lenders may keep consumer loan request information and any other information provided by Swoop Inc. or received by Lenders in processing a contact or pre-approval request, whether or not a consumer is qualified for a loan with a Lender.
    5. Fees. The Services offered by Swoop Inc. are free to consumers. Swoop Inc., a wholly owned subsidiary of Swoop, Inc. is paid an advertising fee by Lenders for the goods, facilities and services provided through the Services offered by Swoop Inc.
    6. Participating Lenders. The Lenders participating on the Services are solely responsible for their services to consumers. Swoop Inc. shall not be liable for any damages or costs of any type arising out of or in any way connected with any consumers’ use of the Services or the services offered by Lenders. Swoop Inc. is not responsible for any errors or delays caused by consumers or any Lenders in the loan process. Swoop Inc. reserves the right, at any time and in its sole discretion, to discontinue, suspend, or terminate the participation of any Lender or other user from using or participating in any of the Services offered by Swoop Inc.
    7. Privacy. Swoop Inc. may use personally identifying information provided by a consumer to improve the relevance of advertising shown to consumers. Please consult the Privacy Policy for more information.
    8. Lender Terms. Lenders participating in Services offered by Swoop Inc. are further subject to the Swoop Inc. Terms of Use.
    9. Licenses. Swoop Inc. is a wholly-owned corporation and has its headquarters at Deveron House, Bo. Trapiche, Oton, Iloilo City Philippines
    10. Disclosures and Consent. By using this website and Services, the disclosures and consent required under certain state laws are deemed to be provided, received, and agreed to.
  8. Software. The Services may include software for use in connection with the Services. If such software is accompanied by an end user license agreement (“EULA”), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then Swoop Inc. grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the Services and in accordance with these Terms of Use (for example, Sections 1, 2, 11, and 12).
  9. Linked Materials and Third-Party Materials. The Services include links to third-party products, services and Web sites, as well as materials provided by third parties. Swoop Inc. does not endorse, and takes no responsibility for such products, services, websites, and materials. You understand that Swoop Inc. has no obligation to, and generally does not, approve or monitor materials provided by third parties through the Services. Your dealings with any third party arising in connection with the Services are solely between you and such third party, and Swoop Inc. takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.
  10. Claims of Copyright Infringement. Swoop Inc. respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify Swoop Inc.’s copyright agent in accordance with Title 17, Philippines Code, Section 512(c)(2), by providing the following information:
    1. Identification of the copyrighted work that you claim has been infringed;
    2. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
    3. Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
    4. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
  11. If you give notice of copyright infringement by text e-mail, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
  12. If you give notice of copyright infringement by text e-mail, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
  13. Intellectual Property. The Services are the property of Swoop Inc., and subject to the intellectual property rights of Swoop Inc. and its licensors. You may not use any of Swoop Inc.’s trademarks as part of your screen name or email address on the Services. The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
  14. Swoop Inc. does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided through the Services. Any use of these images and descriptions is subject to the copyright owner’s permission and/or the requirements of applicable law.
  15. One or more patents apply to this site and to the features and services accessible via the site, including without limitation: (Patent Nos. and all corresponding foreign counterparts to follow).
  16. NO WARRANTY. SWOOP INC. PROVIDES THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SWOOP INC. AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SWOOP INC. AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
  17. LIABILITY LIMITATION; EXCLUSIVE REMEDY. IN NO EVENT WILL SWOOP INC. OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST SWOOP INC. OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
  18. Changes; Discontinuance. Swoop Inc. reserves the right to change these Terms of Use at any time in its sole discretion. Any changes will be effective immediately upon posting the revised version of these Terms of Use to Swoop Inc.’s properties. Your continued use of the Services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use. Swoop Inc. may alter, suspend or discontinue the Services at any time to you and/or to others, without notice.
  19. Indemnification. You agree to defend and hold Swoop Inc., its affiliates, and their respective directors, officers, employees, and agents harmless from any and all claims and demands made by any third party due to or arising out of your breach of these Terms of Use, your use of the Services, your violation of any law or the rights of a third party, or any Submission made through your user account on the Services or that you otherwise make available through the Services.
  20. Release. You release Swoop Inc., its affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services.
  21. General. You agree not to export from anywhere any part of the Services provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. All Services used by the Philippine Government are provided with the commercial license rights described herein. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. Swoop Inc. may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Service. Swoop Inc.’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use constitute the entire agreement between you and Swoop Inc. with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and Swoop Inc. with respect to the Services. The following sections of these Terms of Use shall survive any termination of these Terms of Use: 3, 11, 12, 13, 15 through 18.

–Updated June 2016