Please read this agreement carefully.
By accessing or using this website, you agree to be bound by these Terms and Conditions, including the liability disclaimers below. If you do not agree with these terms, do not use this website or download information from it.
Section 01
Use of This Website
Materials on this website may be accessed, downloaded, and printed only for personal and non-commercial use. By using this website, you agree that you will not use any materials or information found on this website for any purpose that is unlawful or prohibited by this Agreement, including, but not limited to, using this website from locations outside the United States of America or if you are under 18 years of age.
Your permission to use this website is automatically terminated if you violate any of the terms contained in this Agreement.
Section 02
Copyright and Trademark Rights
The contents of E Mortgage Capital are owned and copyrighted by E Mortgage Capital and are protected by the laws of the United States, its treaty countries, and other jurisdictions. All rights are reserved. No reproduction, distribution, or transmission of copyrighted materials from this website is permitted without the written permission of E Mortgage Capital.
All trademarks, logos, and service marks are the property of E Mortgage Capital or their respective owners.
Section 03
Subscription and Auto-Renewal Terms
If you enroll in a subscription service with E Mortgage Capital, your subscription will automatically renew at the end of each subscription period unless you cancel before the end of the current subscription period.
We will send you a reminder notice before each renewal. The notice will inform you of the renewal date, renewal price, and cancellation deadline.
Section 04
Cancellation and Opt-Out Rights
You may cancel your subscription at any time. To cancel, please use the same method you used to sign up for the subscription. For example, if you signed up online, you may cancel online.
Upon cancellation, your subscription will not renew, and you will not be charged for future subscription periods. You will continue to have access to the service until the end of your current subscription period.
Section 05
State Privacy Law Compliance
E Mortgage Capital is committed to complying with applicable state privacy laws. This section outlines rights that may be available under the Kentucky Consumer Data Protection Act, Indiana Consumer Data Protection Act, and Rhode Island Data Transparency and Privacy Protection Act.
Your Rights
Subject to applicable law and any available exemptions, you may have the right to:
- Access the personal data we have collected about you.
- Correct inaccuracies in your personal data.
- Delete your personal data.
- Obtain a copy of your personal data in a portable format.
- Opt out of the sale or sharing of personal data, targeted advertising, and profiling used for certain automated decisions.
To exercise an applicable privacy right, contact us at pcollins@emortgagecapital.com.
Section 06
California Privacy Rights (CCPA/CPRA)
If you are a California resident, you may have rights under the California Consumer Privacy Act and California Privacy Rights Act, subject to applicable limitations and exemptions.
Global Privacy Control
We recognize and honor the Global Privacy Control signal as a valid request to opt out of the sale or sharing of personal data where required by law. If you use a browser or browser extension that supports the Global Privacy Control signal, your preference will be applied as required.
Opt-Out Confirmation
You can review additional information about opt-out requests by visiting our Privacy Policy.
Data Access
You may have the right to request access to personal information collected about you on or after January 1, 2022, subject to applicable law.
Section 07
Artificial Intelligence and Machine Learning Disclosure
We may use data to improve services, develop products, and support artificial intelligence or machine learning systems. Such data may include personal information as defined by applicable privacy law. For a high-level summary of how data may be used, please review our Privacy Policy.
Section 08
Consent
By using this website, you consent to the collection, use, and sharing of personal information as described in this Agreement and our Privacy Policy.
You agree to allow E Mortgage Capital to contact you about its business by telephone, email, and/or standard mail using the contact information you provide. You consent to such contact even if your phone number appears on a federal or state Do-Not-Call list, to the extent permitted by law. Consent is not a condition of obtaining goods or services.
Section 09
SMS Terms
By enrolling in the E Mortgage Capital Inc. (“EMC”) text message program, you certify that you are the account holder for the enrolled phone number or have the account holder’s permission, and that you are at least 18 years old. EMC does not charge a fee for its text message program, but message and data rates may apply.
By submitting your contact information, you expressly consent to receive transactional and marketing calls, texts, and emails from E Mortgage Capital Inc., doing business as EMC or E Mortgage Capital, using manual or automated technology and/or prerecorded messages, even if your number appears on a federal or state Do-Not-Call list. Your consent is not required as a condition of doing business with E Mortgage Capital, and you may revoke consent at any time.
Message frequency varies. You may receive recurring transactional or marketing messages related to your loan or financing application, the status of your application, educational information, and E Mortgage Capital products, services, or promotions. Some messages may be sent using an automated system or from different telephone numbers if you interact with different loan officers or educators.
Messages may include limited personal information related to your loan or financing application. Anyone with access to your mobile device or carrier account may be able to see this information. Text messages are not encrypted and may present security risks.
You may opt out at any time by replying STOP to a message, contacting customer service at 949-787-2662, or emailing Patrick Collins at pcollins@emortgagecapital.com. You may opt back in by texting START. For assistance, reply HELP or contact customer service.
Participating carriers include U.S.-based mobile carriers. EMC is not responsible for delayed or undelivered messages, and the program may not be compatible with all mobile devices or service plans.
Section 10
Liability Disclaimer
E MORTGAGE CAPITAL STRIVES TO MAKE SURE THAT INFORMATION ON ITS WEBSITE IS ACCURATE, BUT INACCURACIES OR ERRORS MAY OCCUR. YOU USE THIS WEBSITE AT YOUR OWN RISK. E MORTGAGE CAPITAL RESERVES THE RIGHT TO CHANGE OR MODIFY WEBSITE CONTENT AT ANY TIME, WITH OR WITHOUT NOTICE. YOUR CONTINUED USE OF THE WEBSITE CONSTITUTES ACCEPTANCE OF THE MODIFIED TERMS.
THIS WEBSITE AND ALL INFORMATION CONTAINED ON IT ARE PROVIDED “AS IS.” E MORTGAGE CAPITAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS WEBSITE OR INFORMATION PROVIDED THROUGH IT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, E MORTGAGE CAPITAL IS NOT LIABLE FOR DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM USE OF THIS WEBSITE OR ITS CONTENT, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANOTHER THEORY. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS OR LIABILITY LIMITATIONS, SO PORTIONS OF THIS SECTION MAY NOT APPLY TO YOU.
Section 11
Indemnification and Legal Relief
You agree to indemnify and hold E Mortgage Capital harmless from any loss, cost, damage, claim, liability, or expense, including reasonable attorneys’ fees, arising from your breach of this Agreement, misuse of the website, or violation of applicable law or the rights of another person.
Section 12
Governing Law and Venue
This Agreement is governed by the laws of the State of California, without regard to conflict-of-law principles.
You consent and voluntarily submit to personal jurisdiction in California state courts located in San Diego County and the United States District Court for the Southern District of California for actions involving this Agreement. You agree that process may be served by hand delivery, courier, overnight delivery service, or certified or registered mail with return receipt requested.
To the fullest extent permitted by law, you waive objections to venue or forum convenience for an action or claim concerning this Agreement brought in those courts.
Section 13
Miscellaneous
This Agreement embodies the entire agreement between the parties concerning use of this website and supersedes prior or contemporaneous oral or written agreements or understandings concerning that subject.
No representation, promise, inducement, or statement of intention not contained in this Agreement will bind you or E Mortgage Capital. A printed version of this Agreement may be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as business documents and records originally generated and maintained in printed form.
Each provision of this Agreement will be construed independently. If a provision is found invalid or unenforceable, the remaining provisions will continue in effect. An unenforceable provision will be replaced, to the extent permitted by law, by an enforceable provision that most closely reflects the original intent.
