Terms of Service

1. Acceptance of Terms

By accessing or using the website, mobile application, or services provided by ClearMark, LLC ("ClearMark," "we," "us," or "our"), you ("you," "your," or "User") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our services.

These Terms apply to all visitors, users, and customers of clearmarkhome.com and our related services, including homeowners seeking PMI removal assistance.

2. Eligibility

You must be at least 18 years old and a legal resident of the United States to use our services. By using our services, you represent that you are the borrower or co-borrower on the mortgage for the property in question, or that you have legal authority to act on behalf of the borrower(s).

3. Service Description

ClearMark provides PMI (Private Mortgage Insurance) cancellation coordination services. Our services include:

• Property valuation analysis using third-party automated valuation models (AVMs)
• Eligibility screening based on loan type, payment history, and estimated property value
• Preparation and submission of a formal PMI cancellation request to your mortgage servicer via USPS Certified Mail
• Preparation of an Authorization for Third-Party Representation for your mortgage servicer
• Coordination of your property appraisal, including paying the appraisal fee on your behalf
• Monitoring the servicer's response and following up as necessary
• Notification of outcomes and next steps

ClearMark does NOT:

• Guarantee that your servicer will approve PMI cancellation
• Modify, refinance, or renegotiate any loan terms
• Make mortgage payments or access escrow funds on your behalf
• Provide legal, tax, or financial advice
• Act as a mortgage broker, lender, or loan servicer
• Access your credit report or financial accounts (unless separately disclosed and consented to)

The ultimate decision regarding PMI cancellation rests solely with your mortgage servicer and/or loan investor, based on their guidelines and your specific loan terms.

4. Important Disclosures

Even if you accept this offer and use our service, your lender may not agree to change your loan, including by cancelling your PMI.

ClearMark, LLC is not associated with the government, and our service is not approved by the government or your lender.

You may stop doing business with ClearMark at any time. You may accept or reject the outcome of our service. If PMI is not successfully removed, you do not have to pay us. If PMI is successfully removed, you will have to pay the service fee described in your Service Agreement.

You are not required to use our service. You have the right to contact your mortgage servicer directly to request PMI cancellation at no cost under the Homeowners Protection Act (12 U.S.C. Section 4901 et seq.). ClearMark's service is optional, and your rights under the Homeowners Protection Act exist independently of any agreement with ClearMark.

5. No Affiliation

ClearMark, LLC is not affiliated with your lender, mortgage servicer, mortgage insurer, any government-sponsored enterprise (GSE), or any government agency. We are an independent service provider. References to federal regulations (such as the Homeowners Protection Act) are for informational purposes and do not imply any government endorsement or affiliation.

6. Fee Structure

• Service Fee: $1,500 (or $1,400 if the pay-in-full option is selected at the time of contracting).
• When Charged: Only after your mortgage servicer confirms that PMI has been removed from your loan ("Confirmed PMI Removal"). No advance fee is collected.
• Payment Method: Your payment method is saved securely via Stripe at the time of contracting. No charges are processed until Confirmed PMI Removal.
• Appraisal Costs: ClearMark pays for the property appraisal (typically $350–$500). This cost is included in the service fee — you pay nothing additional for the appraisal.
• Credit Card Surcharge: If you select a credit card as your payment method for monthly installments, a 3% processing surcharge is applied to each payment, as disclosed at the time of payment method selection. Credit card surcharges are prohibited in Connecticut, Massachusetts, and Maine; if you reside in one of these states, no surcharge will be applied. In Colorado, surcharges are limited to 2%. ClearMark will comply with all applicable state surcharge laws.
• No Hidden Fees: There are no fees, charges, or costs beyond what is described above.

Full fee details, payment terms, and refund provisions are set forth in the Service Agreement signed at the time of contracting.

7. Estimates and Projections

All savings estimates, property valuations, loan-to-value calculations, and timeline projections provided by ClearMark are for informational purposes only and are not guaranteed. Estimates are based on third-party data sources, automated valuation models, and information you provide. Actual results may differ based on:

• Your servicer's specific guidelines and investor requirements
• Formal appraisal results (which may differ from AVM estimates)
• Changes in property value, interest rates, or market conditions
• Your payment history and loan standing
• Loan type, seasoning requirements, and other eligibility factors

Estimates are informational and not guaranteed.

8. User Responsibilities

By using our services, you agree to:

• Provide accurate, complete, and truthful information about yourself, your property, and your mortgage
• Maintain current mortgage payments throughout the PMI removal process
• Respond to ClearMark communications within a reasonable timeframe
• Provide access to your property for the appraisal inspection
• Notify ClearMark promptly of any changes to your loan terms, servicer, property ownership, or other material circumstances
• Forward any correspondence you receive from your servicer regarding your PMI cancellation request to ClearMark within five (5) business days
• Not misuse our services or attempt to defraud any party
• Comply with all applicable laws and regulations

9. Account and Authentication

Access to certain features requires creating an account through our authentication provider, Clerk. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorized use.

10. Intellectual Property

All content on clearmarkhome.com — including text, graphics, logos, and software — is the property of ClearMark, LLC or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from our content without prior written permission.

11. Limitation of Liability

To the maximum extent permitted by applicable law:

• ClearMark's total liability for any claims arising from these Terms or your use of our services shall not exceed the amount you have actually paid to ClearMark for the services giving rise to the claim.
• ClearMark shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of our services.
• ClearMark is not liable for servicer delays, denials, errors, or changes in policy, or for changes in property value, interest rates, or loan terms that occur during the process.

Nothing in this section limits liability for fraud, willful misconduct, or gross negligence by ClearMark, or for any liability that cannot be limited under applicable law.

12. Dispute Resolution

12.1 Good Faith Negotiation. The parties agree to attempt to resolve any dispute arising under these Terms through good faith negotiation for a period of thirty (30) days from written notice of the dispute.

12.2 Binding Arbitration. If the dispute cannot be resolved through negotiation, it shall be settled by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall take place in Salt Lake City, Utah, or, at your option, in the federal judicial district where you reside. ClearMark shall pay all arbitration filing fees and arbitrator compensation to the extent they exceed the cost you would have incurred to file the dispute in court. The arbitrator may award any remedy that a court of competent jurisdiction could award.

12.3 Class Action Waiver. Both parties waive the right to participate in a class action, class arbitration, or other representative proceeding. If this waiver is found unenforceable as to a particular claim, the entire arbitration provision (Section 12.2) shall be void as to that claim only.

12.4 Small Claims. Either party retains the right to bring claims in small claims court for disputes within the applicable jurisdictional limits.

12.5 Attorneys' Fees. Each party shall bear its own attorneys' fees and costs, unless the arbitrator or court determines otherwise.

13. Governing Law

These Terms shall be governed by the laws of the State of Utah, without regard to its conflict of law provisions. To the extent any provision of these Terms conflicts with the mandatory consumer protection laws of the state where you reside, the more consumer-protective provision shall apply.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be posted on our website with an updated "Last Updated" date. We will notify active customers of material changes via email at least thirty (30) days before the changes take effect. Your continued use of our services after the effective date of any changes constitutes acceptance of the modified Terms. If you do not agree to the changes, you may terminate your use of our services before the changes take effect.

15. Termination

We may suspend or terminate your access to our services if you violate these Terms, provide materially false information, or engage in fraudulent conduct. You may stop using our services at any time. Termination does not affect obligations that have already accrued, including payment obligations arising from Confirmed PMI Removal.

16. Severability

If any provision of these Terms is found to be unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, Refund Policy, Disclosures, and any Service Agreement signed by you, constitute the entire agreement between you and ClearMark regarding your use of our services. In the event of a conflict between these Terms and your signed Service Agreement, the Service Agreement shall control.

18. Contact Information

For questions about these Terms of Service, please contact us at:

ClearMark, LLC
7533 S Center View Ct #5755, West Jordan, UT 84084
Email: support@clearmarkhome.com

19. SMS/Text Messages and Communications

By providing your mobile phone number and using our services, you consent to receive transactional and service-related text messages from ClearMark, including case status updates, appointment reminders, and important notices about your PMI cancellation request. These messages are sent via our messaging provider (Twilio).

• Message frequency: You may receive up to 10 messages per month related to your case.
• Opt-out: You may opt out of text messages at any time by replying STOP to any message or by contacting support@clearmarkhome.com. Opting out of text messages will not affect your service.
• Message and data rates: Standard message and data rates from your mobile carrier may apply.
• Not required: Consent to receive text messages is not a condition of purchasing or receiving our services. If you prefer not to receive text messages, we will communicate with you via email.
• Marketing messages: We will not send you marketing or promotional text messages unless you separately opt in.

20. Electronic Communications

By using our services, you consent to receive communications from ClearMark electronically, including via email, text message (see Section 19), and through your account on clearmarkhome.com. Electronic communications may include case updates, payment confirmations, legal notices, and policy changes.

You may opt out of marketing communications at any time by clicking "unsubscribe" in any marketing email or by contacting support@clearmarkhome.com. Opting out of marketing communications does not affect transactional or service-related messages necessary to provide our services.

All commercial email communications from ClearMark include our physical mailing address and a functioning opt-out mechanism, as required by the CAN-SPAM Act (15 U.S.C. § 7701 et seq.).

21. International Visitors

Our services and website are intended for use by residents of the United States only. We do not knowingly collect information from or provide services to individuals outside the United States. If you access our website from outside the United States, you do so at your own risk and are responsible for compliance with your local laws.

22. Accessibility

ClearMark is committed to ensuring digital accessibility for people with disabilities. We aim to conform to Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards for our website. If you experience any difficulty accessing our website or services, or if you have suggestions for improvement, please contact us at support@clearmarkhome.com and we will work to accommodate your needs.