The rules of the Park

These terms are an agreement between you and The Shop Park LLC, a New Mexico limited liability company (in formation), at 2201 Menaul Blvd NE Ste A, Albuquerque, NM 87107. They govern theshoppark.com, every page and email that belongs to it, and every account in the Park. By creating an account, joining the early-access list or using the Park in any way, you agree to them and to our Privacy policy, which is part of this agreement.

The company is in formation. Until its registration is complete, the founder operates the Park on its behalf. On registration, the company assumes this agreement and every right and obligation under it, with no further action from you. Nothing you have agreed to changes.

If you do not agree to these terms, do not create an account or use the Park.

To create an account you must:

• Be at least eighteen years old.
• As a loan originator, hold an active mortgage loan originator license or be registered to originate under a bank or credit union, or work in mortgage origination today.
• As a leader, work at a company that originates mortgage loans and have the authority to describe its compensation, its team and its practices on its behalf.
• Not have been removed from the Park before, unless we have agreed in writing that you may return.

The Park is a United States service for the United States mortgage industry. We may refuse or close any account that does not meet these conditions.

One email address is one account with one role, chosen at signup and fixed. A person who is both a loan originator and a leader uses two emails. Keep your password private, choose one that is not on a public list of breached passwords, and tell us at once if you believe someone else has used your account. You are responsible for what happens under your login until you tell us.

Some actions ask for a one-time code sent to your account email: deleting your account, and, for a loan originator, sharing your details to book a meeting. Those codes are for you alone. We never ask for your password by email, and no one on our team will ask you to read a code aloud.

You must give us accurate information and keep it current. You may not create an account for anyone else, impersonate anyone, or register a license number that is not yours.

Loan originators

You build an anonymous profile, send it with documents for our team to verify, and once verified you can read storefronts, see what each leader would pay on your book, shortlist shops, start conversations and book meetings. You decide when a leader learns your name. The Park is free for loan originators.

Leaders and shops

A shop is a company. The first leader to claim it is its owner; the owner invites other leaders, hands ownership over, and controls the company sections of the storefront. Each leader has their own storefront page, their own conversations and their own bookings. A leader’s conversations belong to that leader alone: no owner, no other leader and no editor may read them, in the app or anywhere else, during or after that leader’s time at the shop. Owners see counts per leader and nothing more.

Shops receive conversations. They never start them. A shop sees a loan originator only as an anonymous card, and only after that loan originator has written or booked.

When you build your profile and send your documents you promise that:

• Your name, NMLS number and licensed states are your own and correct.
• Your production figures are truthful and describe loans you originated. Where a figure is annualised or covers a partial year, you say so.
• Every document you upload is genuine, unaltered, describes your own production and is yours to share with us. You remove or black out other people’s personal information before you upload.
• The two texts in your words describe you truthfully and, as the scan asks, name no person, phone number, company or other detail that would identify you or anyone else.
• You will keep your production and licensed states current through re-verification when they change in a way that moves your production range.

Verification is a human check of your documents against your claims. It confirms that what shops see about you is honest; it is not an endorsement of you and does not guarantee that any shop will hire you.

When you build a storefront you promise, for yourself and for your company, that:

• You have the authority to represent the company and to describe its compensation, support and practices.
• Every comp plan you post is a plan the company offers today and would honour for a loan originator who joins on it, with its tiers, fees, draws, guarantees and bonus terms stated truthfully.
• Compensation varies by loan volume only. No plan, tier or claim in the Park pays a loan originator differently by the product, the terms or the conditions of a loan. This is the rule of Regulation Z (12 CFR 1026.36(d)), and the Park refuses any plan built otherwise.
• Every other claim on your storefront, about turn times, support, scenarios you close, the people who thrive with you and your results, is truthful and current.
• You hold the rights to every photo, logo, banner, video and story you post, or have permission from whoever does.
• Every person who appears in a photo, video or story has given you their consent to appear in the Park, and you record that consent where the Park asks for it. You take it down when they ask.
• A video testimonial comes from a real loan originator who worked with you, recorded by them through the link the Park gives you, without a script you wrote for them and without anything of value given in return.
• You will keep your storefront current and remove anything that stops being true.

A shop with a published storefront carries a “Verification pending” label until our team has confirmed the company, and “Verified” once it has. We may ask for evidence of any claim at any time.

The Park works because a loan originator is in control of who learns their name. Everyone who uses it agrees to protect that. In particular, you will not:

• Try to identify an anonymous loan originator, by any means, from anything you learn in the Park: their handle, their card, their texts, their production range, their states, their scenarios, their messages, their writing style or the timing of their activity.
• Contact a loan originator outside the Park using information learned inside it, unless that loan originator has shared their details with you by booking a meeting, and then only for the purpose of that meeting and the hiring conversation it opens.
• Share, forward, screenshot or republish a loan originator’s card, messages, texts or shared details outside the Park, or inside it to anyone who is not on that conversation.
• Ask a loan originator, directly or through hints, to reveal their name, employer or contact details in chat.
• Scrape, crawl, copy or harvest storefronts, cards, comp plans, messages or any other content, by hand or by program, or build a dataset from them.
• Use another person’s account, share your login, or let anyone outside the conversation read a leader’s threads.

A leader who receives a loan originator’s details through a booking may use them for that meeting and the hiring conversation that follows, and for nothing else. Every read of those details is logged and visible to the loan originator.

You own what you post: your profile, your texts, your messages, your storefront, your photos, videos and stories. You give us a non-exclusive, worldwide, royalty-free licence to store, copy, resize, transcode, display and transmit it as needed to run the Park: to show a storefront to loan originators, to show a card to the leaders you contact, to deliver messages and files, to make video and images play on every screen, and to keep backups. The licence lasts while the content is in the Park and for the retention periods in the Privacy policy, and ends when you remove the content or delete your account, except for copies kept for the other side of a conversation for the period that policy states and for backups that expire on their own schedule.

We never sell or license your content to anyone else, never use a loan originator’s anonymous card in marketing, and show a shop’s storefront in our own marketing only with that shop’s written agreement.

You give us the same licence for suggestions and feedback you send us, and you agree we may use them without any obligation to you.

Beyond the rules in section 7, you will not:

• Post anything false, misleading, defamatory, harassing, discriminatory, obscene or unlawful, or anything that infringes someone’s rights.
• Discriminate against any loan originator, in a storefront, a message or a hiring decision, on a ground protected by federal, state or local law.
• Post a comp plan, bonus or other term that violates Regulation Z, the SAFE Act, RESPA, state licensing law or any other law that governs mortgage lending or compensation.
• Use the Park for anything other than recruiting and being recruited in mortgage origination, including selling products or services to its members.
• Send spam, repeated unsolicited messages, or messages to a loan originator who has blocked or reported you.
• Upload malware, probe or test our systems for weaknesses, bypass access controls or rate limits, or interfere with how the Park works for anyone else.
• Reverse engineer the Park, copy its design, code or data, or build a competing service from anything you learn inside it.
• Misrepresent your identity, your license, your production, your company or your authority.

Our team verifies loan originators by reading their documents against their claims and checking their license on NMLS Consumer Access. Our team verifies shops by checking the company and the person who claimed it. We may approve, decline with a stated reason, or ask for more. You may dispute a decision from your dashboard, and a person reads every dispute.

We may decline, hide, edit the display of, or remove any content, and may pause, hide or remove any storefront, card or account, when we believe in good faith that it breaks these terms, the law or the trust the Park depends on, or that it puts someone at risk. We do this when a report, a scan or our own review gives us reason to. Where we can, we tell you what we did and why, and how to respond. In urgent cases we act first and tell you after.

Loan originators and leaders can report and block each other from a conversation. A block hides each side from the other across the Park until we lift it.

We are a venue. We do not employ loan originators, do not act as a recruiter, broker or agent for either side, and are not party to any employment relationship or offer made through the Park. Verification confirms that stated facts are supported by documents; it does not make us responsible for a hiring decision, a comp plan, or how either side behaves after a meeting.

The Park is free for loan originators and will stay free for them. For shops, the Park is free during beta. Paid licenses for shops will be announced before they apply, with their price, what they include and the date they start, and no shop is charged for anything it did not agree to in advance. Founding or promotional licenses are governed by their own written agreement, which takes precedence over this section where the two differ.

A paid plan never changes what a loan originator sees about a shop, how a shop ranks in matching or what a shop may learn about a loan originator.

Parts of the Park run on services operated by others: hosting and the database, email delivery, video storage and streaming, calendar booking through Calendly, usage analytics, domain and bot protection, and the password breach list. The Privacy policy names each one and what it receives. Your use of Calendly, or of any link that leaves the Park, is also governed by that service’s own terms. We are not responsible for a third party’s service, outages or decisions, though we choose our providers with care and will help you where we can.

A leader who connects a Calendly account authorises us to create bookings in it and to receive booking notices from it, and may disconnect it at any time from Settings.

The Shop Park name, logo and tagline, the design of the Park, its software, its matching, its calculators, its reports and its text, images and video that are not yours, belong to us or our licensors and are protected by copyright, trademark and other laws. We give you a limited, revocable, non-transferable right to use the Park as these terms allow. You may not use our name or marks to suggest a relationship we have not agreed to in writing. A leader may say that their shop is in the Park and link to their storefront.

You may delete your account at any time from Settings. The Privacy policy describes what is removed and what is retained, and when. A shop owner with other active leaders hands ownership to one of them first.

We may suspend or close your account, with notice where we can, if you break these terms, if your license lapses or your verification fails, if the law requires it, or if your account has been inactive for a long time. Where we close an account for a breach of section 7 or section 9, we may also refuse any new account for the same person or company.

Sections 7, 8, 13 and 15 to 18 survive the end of your account, as does any obligation that by its nature should.

The Park is provided as it is and as it is available. To the fullest extent the law allows, we disclaim every warranty, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranty arising from course of dealing or usage of trade.

We do not warrant that the Park will be uninterrupted or error-free, that any storefront, comp plan, card or claim is accurate or complete, that a verification caught every misstatement, or that any conversation, meeting or hire will result. The estimate of what a loan originator would make at a shop is calculated from the comp plan the shop posted and the figures the loan originator entered; it is an illustration, not an offer, a promise or financial advice. Every hiring decision, offer and employment relationship is between the loan originator and the shop alone.

Some states do not allow some of these disclaimers, so some may not apply to you.

To the fullest extent the law allows, The Shop Park LLC, its members, managers, officers, employees, contractors and providers are not liable to you for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profit, revenue, business, data or goodwill, arising out of or related to these terms or the Park, however caused and under any theory of liability, even if we were told such damages were possible.

Our total liability to you for all claims arising out of or related to these terms or the Park is limited to the greater of one hundred dollars and the amount you paid us in the twelve months before the event that gave rise to the claim.

These limits do not apply to liability that the law does not allow us to limit, including liability for our own fraud or wilful misconduct. Some states do not allow some of these limits, so some may not apply to you.

You will defend, indemnify and hold harmless The Shop Park LLC and its members, managers, officers, employees and contractors from any claim, demand, loss, liability, damage, cost or expense, including reasonable attorneys’ fees, that arises from your content, your use of the Park, your breach of these terms, your violation of any law or of anyone’s rights, or, for a shop, any employment relationship, offer or compensation dispute with a loan originator you met in the Park. We may take over the defence of any claim at our own expense, and you will cooperate with us if we do.

If you have a problem, write to us first at [email protected]. Most disputes end there. Each side agrees to try in good faith for thirty days to resolve any dispute informally before starting a lawsuit.

Governing law and venue

These terms and any dispute arising out of or related to them or the Park are governed by the laws of the State of New Mexico, without regard to its conflict-of-law rules, and by applicable federal law. Any lawsuit must be brought in the state or federal courts sitting in Bernalillo County, New Mexico, and each side consents to the personal jurisdiction of those courts and waives any objection to venue there.

No class actions

Each side may bring a claim against the other only in its own individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. A court may not consolidate one person’s claims with another’s or preside over any form of representative proceeding. If this paragraph is found unenforceable for a particular claim, that claim alone proceeds in court on an individual basis and the rest of this section still applies.

Costs

Each side bears its own attorneys’ fees and costs in any dispute, unless a court orders otherwise.

Time to bring a claim

To the extent the law allows, any claim arising out of or related to these terms or the Park must be filed within one year after it arose, or it is permanently barred.

We may change these terms. When we do, we update the date at the top. If a change materially reduces your rights or adds to your obligations, we email account holders at least fourteen days before it takes effect, and the change applies to you only from that date. Using the Park after the effective date means you accept the new terms. If you do not, delete your account before then. A change that makes the Park free or adds a feature may take effect at once.

• These terms, the Privacy policy and any written license agreement with a shop are the entire agreement between you and us about the Park, and replace any earlier agreement.
• If any part of these terms is found unenforceable, the rest stays in force, and the unenforceable part is enforced to the extent the law allows.
• Our not enforcing a term is not a waiver of it.
• You may not assign these terms. We may assign them to the company on its registration, as section 1 describes, and to a successor in a merger, acquisition or sale of substantially all of our assets, with notice to you.
• Neither side is liable for delay or failure caused by events outside its reasonable control.
• Notices to you go to your account email. Notices to us go to the address in section 21.
• Nothing in these terms creates a partnership, joint venture, agency or employment relationship between you and us.

Questions about these terms go to [email protected], or by post to The Shop Park LLC, 2201 Menaul Blvd NE Ste A, Albuquerque, NM 87107. When you are signed in, the Help page reaches the same team.

Our Privacy policy explains how we handle your information.