Terms of Use

Last updated: June 1, 2025

1. INTRODUCTION

When you access link.concordapps.com, our mobile applications, and our other online services and Platforms (collectively, the "Platform") you are agreeing to be bound by the following Terms of Use, the Privacy Policy, and the Copyright and Intellectual Property Policy on your own behalf and on behalf of any organization you represent (collectively, "you" or "your"). Please review them carefully.

These Terms of Use (also referred to as the "Agreement") are the terms and conditions of a legal contract agreement between you and Concord Servicing LLC ("Concord", "we," "us," and "our"). By accessing, browsing and/or using this Platform at https://link.concordapps.com ("Platform"), You acknowledge that You have read, understood, and agree to be bound, by this Agreement, and that You will comply with all applicable U.S., foreign and international laws and regulations, including but not limited U.S. export and re-export control laws and regulations and U.S. and international Copyright laws. If you do not agree to the terms and conditions of this Agreement, you are prohibited from using the Platform and must immediately cease Accessing and using the Platform.

Concord may modify this Agreement at any time, and such modifications shall be effective immediately upon either posting of the modified agreement or notifying you. You agree to review the Agreement periodically to be aware of such modifications and your continued Access or Use of the services shall be deemed your conclusive acceptance of the modified agreement and all terms and conditions therein.

This Platform is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Platform, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use or register for an account on the Platform. You also represent and warrant that you (a) have not previously been suspended or removed from the Platform; and (b) that you have full power and authority to agree to all terms and conditions of this Agreement, and in doing so will not violate any other agreement to which you are a party.

We may update the content on the Platform from time to time, but its content is not necessarily complete or up-to-date. The materials and services at the Platform may be out of date, and Concord Servicing makes no commitment to update the materials and services at this Platform.

This Platform is controlled and operated by Concord from its offices within the United States. Concord makes no representation that materials on the Platform are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Platform from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

2. DEFINITIONS

"Access" or "Accessing" means accessing, using, viewing the content or otherwise obtaining information on, the Platform.

"Agreement" or "Terms" refers to these Terms of Use and any subsequent modifications.

"User" refers to any person or entity that Accesses the Platform. If You are Accessing the Platform as an employee or agent of another, "User" refers to You and Your employer or principal.

"You" or "Your" refers to the User. If You are Accessing the Platform as an employee or agent of another, "You" or "Your" refers to the User and the User's employer or principal.

3. MODIFICATIONS OF TERMS

Concord reserves the right, at any time and without prior notice, to change, modify, alter or update (collectively, "modify" or "modifications") the terms and conditions of this Agreement. Modifications shall become effective immediately upon being posted at the Platform. Except as provided for in this paragraph, this Agreement may not be modified or amended.

4. USE LICENSE

4.1

Concord grants to the User a limited, non-exclusive, non-sublicensable, non-transferable and revocable license to Access the Platform subject to the terms and conditions in this Agreement. You may temporarily download one copy of the materials on the Platform for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title or ownership.

4.2

Access and Use of this Platform is subject to all applicable international, federal, state and local laws and regulations. Copyright laws protect all information and content in this Platform. Unless expressly permitted, Users of the Platform are prohibited from modifying, copying, displaying, distributing or transmitting, selling, licensing, or creating derivative works from any content in this Platform.

4.3

User expressly agrees to refrain from doing, either personally or through an agent, any of the "Prohibited Conduct" listed below. Concord reserves the right to monitor use of the Platform and reserves the right to revoke or deny Access to the Platform or Service to any person or entity whose use of the Platform or Service indicates Prohibited Conduct. Access of the materials available at the Platform beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the Platform or Service and will result in revocation or denial of Access to the Platform and Service. The terms "normal patterns" and "abuse" shall be solely determined by Concord. The following are nonlimiting examples of Prohibited Conduct:

• Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Platform that in any way affects the use, enjoyment or service of the Platform or adversely affects Concord' computers, servers or databases.
• Capture, download, save, upload, print or otherwise retain information and content available on the Platform other than what is expressly allowed by these Terms.
• Copy, modify, reverse engineer, disassemble, decompile, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Platform.
• Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Platform.
• Transfer the Platform content to another person, "frame," "mirror," "in-line link," or employ similar navigational technology to the Platform content, or "deep link" to the Platform content.
• Violate or attempt to violate Concord' security mechanisms, access any data or server You are not authorized to access, or otherwise breach the security of the Platform or corrupt the Platform in any way.
• Engage in any other conduct which violates the Copyright Act or other laws of the United States or other countries, including any U.S., foreign or international software or technology export laws and regulations, including without limitation the U.S. Export Administration Regulations.
• Use any device (such as a "web crawler" or other automatic retrieval mechanism) or other means to harvest information about other Users, the Platform or Concord.
• Use the Platform to violate a third party's intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party's intellectual property rights.
• Misrepresent Your identity or personal information when Accessing the Platform, or forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by Concord or any other entity or person.
• Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Platform, or post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.

4.4

The license granted pursuant to this Agreement:

5. AUTHORIZED ACCESS AND SECURITY

5.1

Access to password-protected and secure areas of the Platform is limited exclusively to authorized users. Concord reserves the right to pursue legal action against any unauthorized individuals who attempt to access restricted areas of the Platform.

5.2

Users are prohibited from obtaining or attempting to obtain unauthorized access to protected portions of the Platform or any other confidential materials or information through any means not expressly provided by Concord for such user's authorized use.

5.3

Concord maintains physical, electronic, and procedural safeguards in compliance with applicable federal standards to protect clients' non-public personal information, as detailed in our Privacy Policy.

6. PASSWORD RESPONSIBILITY AND ACCOUNT SECURITY

6.1

If you have been provided with password credentials for accessing non-public areas of the Platform, you bear sole responsibility for maintaining the confidentiality and proper use of such password and all associated security data, methods, and devices. You are fully responsible and liable for all activities occurring in connection with your password, including all instructions transmitted electronically and any use of data, information, or services accessed through your password and security credentials.

6.2

Concord shall have no obligation to verify the authority or propriety of any instructions received from you or through your password credentials and is authorized to act upon any such instructions. Concord shall not be liable for any loss, cost, expense, or other liability arising from reliance upon such instructions.

6.3

You must take appropriate measures to protect the confidentiality of your password. As an authorized user, you accept full responsibility for monitoring your account, including regularly reviewing account information, transaction history, and all correspondence, statements, and confirmations received from Concord. You must notify Concord immediately upon becoming aware of any unauthorized activity, disclosure, loss, theft, or unauthorized use of your password. You agree to cooperate fully with Concord in any investigation and to implement corrective measures to prevent further unauthorized account activity.

6.4

You represent and warrant that all information provided to Concord during account registration through our website or mobile applications is true, accurate, current, and complete.

7. COMMUNICATIONS WITH CONCORD

7.1

In connection with the Platform or actions necessary for Platform application and use, you may receive notifications, alerts, emails, or other communications regarding the Platform, including but not limited to two-factor verification messages, suspicious activity alerts, and transaction confirmations. When logged into your account, you may customize, modify, and in certain cases deactivate alerts through your account settings.

7.2

Concord will never include your password in any communications but may include your name, email address, and account information. Any person with access to your email or mobile device will be able to view these communications.

7.3

It is your responsibility to update or change the contact information registered with Concord as appropriate. If you become aware of any unauthorized use of your information, please contact us immediately.

7.4

Concord may send you communications that you are required to read. You may customize these communications according to your preferences. You may unsubscribe from marketing-oriented emails at any time.

7.5

When you access the Platform through a mobile network, your network or roaming provider's messaging, data, and other rates and fees may apply. You are solely responsible for any carrier charges incurred as a result of phone and/or text communications from Concord. Concord is not liable for delayed or undelivered messages.

7.6

Authorized employees or agents of Concord may monitor and record all or portions of your telephone calls, emails, text messages, chats, and other communications with Concord for quality control, customer service, employee training, security, legal, compliance, and other lawful purposes. You hereby consent to such recording. This consent is ongoing and need not be confirmed prior to, or during, such monitoring or recording, except to the extent applicable law expressly requires otherwise. Concord may also archive your communications with Concord for regulatory and other lawful purposes.

8. WARRANTIES AND LIMITATIONS OF LIABILITY

8.1

All information and materials on the Platform are provided "as is", and Concord makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Concord does not warrant or make any representations concerning the accuracy, completeness, likely results, or reliability of the use of the materials on its Platform or otherwise relating to such materials or on any Platforms linked to this Platform. Concord may make changes to the materials contained on the Platform at any time without notice. Concord does not, however, make any commitment to update the materials.

8.2

In no event shall Concord be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on the Platform, even if Concord or its authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

9. DIRECT OR INDIRECT LINKS TO OTHER SITES

The inclusion of any link does not imply endorsement by Concord of any linked site. Use of any such linked sites is at the User's own risk. Because third-party sites are owned and operated independently, Concord is not responsible or liable for the practices, actions or policies of these third-party sites even if the Concord Platform contains a link to the third-party site(s). Any time you elect to leave our Platform to visit a third-party site, Concord is not responsible or otherwise liable for any issues or damage that you may incur, and you are solely responsible for complying with the terms and conditions of the third-party site(s).

10. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Concord (and its officers, directors, agents, employees, subsidiaries, successors, assigns and affiliates (collectively the "Indemnified Parties")) harmless from and against any claim or demand and all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement or any activity related to your Use of the Platform (including but not limited to negligent or wrongful conduct or violation of any intellectual property right of any person or entity). This indemnification obligation will survive the termination of these Terms of Use.

11. DISPUTE RESOLUTION

In the event that a dispute cannot be resolved by the informal procedure described above, then You and Concord agree that the dispute (including but not limited to any claim or controversy, whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims) shall be resolved by mandatory binding arbitration.

YOU AND CONCORD BOTH AGREE TO ARBITRATE any claims relating to these Terms of Use (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims) through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Concord's intellectual property rights (copyrights, trademarks, patents or trade secret rights). If you have violated or threatened to violate any of Concord's intellectual property rights, then you agree and understand that Concord may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Platform, or intellectual property infringement without first engaging in arbitration or the informal dispute resolution procedure described above.

APPLICABLE LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, excluding its conflict of law rules. You and Concord expressly agree that any arbitration or court action shall be held in Maricopa County, Arizona, and you and Concord expressly consent and agree to submit to the exclusive jurisdiction of a court of competent jurisdiction located in Maricopa County, Arizona.

WHAT IS ARBITRATION?

Arbitration seeks to resolve disputes more quickly than a lawsuit in a court of law. Arbitration is usually more informal than a lawsuit in court. Instead of a judge or a jury deciding all or part of the case, an arbitration case will be decided by a neutral arbitrator who has the power to award the same monetary damages and non-monetary remedy or relief that a court can. If any provision of this agreement to arbitrate is found to be unenforceable, the unenforceable provision shall be severed from the agreement, and the remaining arbitration terms shall be enforced. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Concord.

NO CLASS ACTIONS

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

WAIVER OF JURY TRIAL

THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court.

In the event any litigation should arise between you and Concord in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND CONCORD EACH WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

OPT-OUT OF AGREEMENT TO ARBITRATE

You can decline this agreement to arbitrate by sending an email to Concord at legal@concordservicing.com that provides all of the following information: (1) Your Name; (2) Your Address; (3) Your Phone Number; (4) the URL of this Terms of Use Agreement; and (5) a clear statement that you wish to opt out of this arbitration provision in the Terms of Use. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using the Platform.

PROCEDURE FOR ARBITRATION

• The Federal Rules of Evidence shall apply in all cases;
• The parties shall be entitled to all discovery rights permitted by the Federal Rules of Civil Procedure;
• The parties shall be entitled to bring motions under Rules 12 and/or 56 of the Federal Rules of Civil Procedure;
• The arbitration shall occur within one hundred-twenty (120) days from the date on which the arbitrator is appointed, and shall last no more than five (5) business days;
• The parties shall be allotted equal time to present their respective cases, including cross-examinations.

The arbitrator shall not have the power to alter, modify, amend, add to or subtract from any provision of this Terms of Use Agreement, or to rule upon or grant any extension, renewal or continuance of the Agreement. Moreover, the arbitrator shall not have the power to award special, incidental, indirect, punitive, exemplary, or consequential damages of any kind or nature, however caused.

All communications, whether verbal, written or electronic, in any negotiation, mediation or arbitration action shall be treated as confidential and those made in the course of negotiation or mediation, including any offer, promise or other statement, whether made by any of the parties, their agents, employees, experts, or attorneys, or by the mediator or any AAA employee or contractor, shall also be treated as compromise and settlement negotiations for purposes of applicable rules of evidence and shall be inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in negotiation or mediation.

The costs of negotiation, mediation, and arbitration, including fees and expenses of any mediator, arbitrator, the American Arbitration Association, or other persons independent of all parties acting with the consent of the parties to facilitate settlement, shall be shared in equal measure by the User of the Platform, on the one hand, and Concord and any Related Parties involved, on the other. The parties shall bear their own legal fees and expenses of negotiation, mediation and arbitration.

Although the Agreement is made and entered into between a User of the Platform and the Concord, Concord' affiliates, owners, members, managers and employees ("Related Parties") are intended third-party beneficiaries of the Agreement, including this agreement to negotiate, mediate and arbitrate. The parties acknowledge that nothing in these policies is intended to create any involvement by, responsibility of, or liability of the Related Parties with respect to any dealings between a User of the Platform and Concord, and the parties further acknowledge that no provision of the Agreement shall be argued by any party to constitute any waiver by the Related Parties of any defense which the Related Parties may otherwise have concerning whether they can properly be made a party to any dispute between a User of the Platform and Concord.

Any party may seek specific performance of this Section, and any party may seek to compel each other party to comply with the provisions of this Section by petition to a court of competent jurisdiction in the State of Arizona.

12. CLASS ACTION WAIVER

You understand and agree that You will waive your right to have an dispute or claim brought, heard or arbitrated as a class action, collective action or representative action (the "Class Action Waiver"). Notwithstanding any other clause contained in this Agreement or the rules of the American Arbitration Association, any claim that all or part of this Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable must be determined only by a court of competent jurisdiction and may not be determined by an arbitrator.

13. MISCELLANEOUS PROVISIONS

13.1 Period of Limitation

Should you bring a claim against Concord for any alleged act or omission of Concord relating to or arising from this Agreement, such action must be brought within one year from the date of the alleged conduct giving rise to the cause of action. Failure to bring such action within such time shall bar all claims against Concord for such act or omission. You hereby relinquish and waive all claims permissible by any other applicable statutes of limitation.

13.2 Waiver

The failure of Concord to partially or fully exercise any rights or remedies that may be available to it, or the waiver of the Concord of any breach of this Agreement by You shall not prevent a subsequent exercise of such rights by Concord and shall not be deemed a waiver by Concord of any subsequent breach by You of the same or any other provision of this Agreement. Concord rights and remedies under this Agreement and any other applicable agreement between you and Concord shall be cumulative, and the exercise of any such right or remedy shall not limit Concord' ability to exercise a different or additional right or remedy.

13.3 Entire Agreement

This Agreement constitutes the entire agreement of the parties with respect to this subject matter and Your use of the Platform. There are no verbal or written collateral representations, agreements or understandings relevant to this subject matter except as specifically set forth in this Agreement.

13.4 Severability

In the event any provision of these Terms of Use is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between You and Concord that such modification or restriction may be accomplished by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms of Use without affecting the validity, legality or enforceability of any of the remaining provisions.

13.5 Survival

If any provision of this Agreement in its current form or as may be modified or amended is found to be invalid or unenforceable for any reason, only the invalid portion of the provision shall be severed and the remaining terms, conditions and provisions of the Agreement shall remain in full force and effect. The severed provision, or portion thereof, shall be reformed to reflect the purpose of the provision as closely as possible.

13.6 Survivability

The provisions of paragraphs 4.3 (Prohibited Conduct), 8 (Warranties, Limitation of Liability), 9 (Links to other Sites), 10 (Indemnification), 11 (Dispute Resolution), 12 (Class Action Waiver) and 13 (Misc.) shall survive termination or expiration, if any, of this Agreement.