Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and NMLSApproved ("Company," "we," "us," or "our") governing your access to and use of the website nmlsapproved.com, including any content, functionality, and services offered on or through the website (the "Site").

By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Site.

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.

2. Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site and its content solely for your personal, non-commercial use and solely in accordance with these Terms.

Restrictions

You must not:

• Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Site
• Use any content for commercial purposes without our prior written consent
• Attempt to decompile or reverse engineer any software contained on the Site
• Remove any copyright or other proprietary notations from the materials
• Transfer the materials to another person or "mirror" the materials on any other server

Trademarks

The Company name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

3. User Accounts

Certain features of the Site may require you to register for an account.

Account Registration

When you register for an account, you agree to:

• Provide accurate, current, and complete information about yourself
• Maintain and promptly update your account information to keep it accurate, current, and complete
• Keep your account credentials secure and confidential
• Accept responsibility for all activities that occur under your account
• Immediately notify us of any unauthorized use of your account or any other breach of security

Account Termination

We reserve the right to terminate or suspend your account at any time and for any reason, including, without limitation, if we believe that you have violated these Terms. Upon termination, your right to use the Site will immediately cease.

You may also terminate your account at any time by contacting us or using the account cancellation feature if available. Upon termination, your data may be deleted from our active servers, though certain information may be retained for legal, accounting, or legitimate business purposes.

4. Subscriptions and Payments

We offer both free and premium subscription services. By subscribing to our premium services, you agree to the following terms:

Subscription Plans

Details of our subscription plans, including pricing, billing frequency, and features, are available on our Site. We reserve the right to modify our subscription plans at any time. Changes to subscription plans will not affect existing subscribers until their next billing cycle.

Payment Terms

When you subscribe to our premium services:

• You authorize us to charge the payment method you provide for the subscription fee at the then-current rate
• You agree to maintain valid and updated payment information
• For recurring subscriptions, you authorize us to charge your payment method on a recurring basis for the subscription period you select
• All payments are non-refundable. We do not provide refunds under any circumstances.

Free Trials

We may offer free trials of our premium services. Unless otherwise stated, free trials will automatically convert to paid subscriptions at the end of the trial period unless you cancel before the trial ends.

Cancellation

You may cancel your subscription at any time through your account settings or by contacting us. Upon cancellation, you will continue to have access to premium features until the end of your current billing period. We do not provide refunds for the remaining unused portion of any subscription period.

You may cancel your subscription at any time through your account settings or by contacting us. Upon cancellation, you will continue to have access to premium features until the end of your current billing period. No refunds will be issued for any reason, including for the remaining unused portion of any subscription period.

Price Changes

We reserve the right to change our subscription fees at any time. If we change the fees for your subscription, we will provide notice of the change on the Site or by email, at least 30 days before the change takes effect. Your continued use of the subscription after the fee change becomes effective constitutes your agreement to pay the changed amount.

Refunds

All payments are final. We do not offer any refunds for any reason, including but not limited to dissatisfaction with the service, unused subscription time, or accidental purchases. By subscribing, you acknowledge and agree that no refunds will be provided under any circumstances.

5. $110 Pass Guarantee

To be eligible for the Pass Guarantee, you must:

• Hold an active eligible paid plan (the guarantee does not apply to the 1-Week Cram or free access);
• Have purchased your plan at full retail price — the guarantee does not apply to any purchase made with a promotion, coupon, discount, or other reduced-price offer; using such an offer waives the guarantee;
• Attempt all full-length practice exams available in your plan;
• Achieve an average score of 85% or higher across your five most recent full-length practice exams;
• Sit for the official SAFE MLO national exam within 30 days of meeting the score threshold; and
• Submit a claim with proof of your failing official score report within 30 days of taking the exam.

Refunds under this guarantee are capped at the lesser of $110 or the total amount you paid us for your plan, and are limited to a single refund per customer, issued to your original payment method. In no event will the refund exceed what you actually paid. The guarantee applies only to plans purchased at full retail price; any purchase made with a promotion, coupon, or discount code is not eligible. We may update the guarantee terms for future purchases; the terms in effect at the time of your purchase apply to you.

6. User-Generated Content

The Site may allow you to post, submit, publish, display, or transmit content such as comments, feedback, or other materials ("User Content").

Content Standards

Any User Content you post to the Site must comply with these Terms and must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property rights of any third party
• Violate the legal rights (including rights of publicity and privacy) of others or contain any material that could give rise to civil or criminal liability under applicable laws
• Be likely to deceive any person
• Promote any illegal activity or advocate, promote, or assist any unlawful act
• Impersonate any person or misrepresent your identity or affiliation with any person or organization
• Involve commercial activities or sales, such as contests, sweepstakes, and other promotions, barter, or advertising
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case

License to User Content

By posting User Content on the Site, you grant us a non-exclusive, perpetual, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content on and through the Site. This license continues even if you stop using our Site.

Monitoring and Enforcement

We have the right to:

• Remove or refuse to post any User Content for any reason
• Take any action with respect to User Content that we deem necessary or appropriate
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site
• Terminate or suspend your access to all or part of the Site for any violation of these Terms

No Obligation to Monitor

We do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.

7. Prohibited Activities

In addition to the restrictions set forth elsewhere in these Terms, you agree that you will not:

• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site
• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site
• Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent
• Use any device, software, or routine that interferes with the proper working of the Site
• Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack
• Otherwise attempt to interfere with the proper working of the Site

8. Third-Party Websites and Content

The Site may contain links to third-party websites or services that are not owned or controlled by NMLSApproved. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that we 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 use of or reliance on any such content, goods, or services available on or through any such websites or services.

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

9. Disclaimer of Warranties

THE SITE AND ALL CONTENT, FUNCTIONS, AND MATERIALS PROVIDED THROUGH THE SITE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, OR USEFULNESS OF CONTENT, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE.

WE DO NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES, OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS' REQUIREMENTS.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NMLSAPPROVED, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your User Content, any use of the Site's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.

12. Term and Termination

These Terms shall remain in full force and effect while you use the Site or maintain an account with us.

We may terminate or suspend your account and bar access to the Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Site will immediately cease. If you wish to terminate your account, you may simply discontinue using the Site or follow the instructions for account termination.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Dispute Resolution

Informal Resolution

If you have any concerns or disputes about the Site, you agree to first try to resolve the dispute informally by contacting us.

Arbitration

All disputes arising under or relating to these Terms or your use of the Site that cannot be resolved informally shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules for consumer-related disputes. The arbitration will be conducted in New York, New York, unless you and we agree otherwise in writing.

Class Action Waiver

Any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity.

Governing Law

These Terms and your use of the Site are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

14. General Provisions

Entire Agreement

These Terms, our Privacy Policy, and any other agreements expressly incorporated by reference herein constitute the sole and entire agreement between you and NMLSApproved regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

No Waiver

No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction.

Force Majeure

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control.

15. Contact Us

If you have any questions about these Terms, please contact us at:

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