Please carefully read this agreement (“Agreement”) before accessing or using this Internet Web site (“Web Site”). When you access or use the Web Site, you are agreeing to be bound by this Agreement, including the liability disclaimers contained below. If you do not agree to the terms contained herein, do not use this Web Site or download any information from it. Materials on this Web Site may be accessed, downloaded and printed only for personal and non-commercial use. By using this Web Site, you agree that you will not use any materials or information found on this Web Site for any purpose that is unlawful or prohibited by this Agreement, including, but not limited to, the use of this Web Site from locations outside of the United States of America or if you are under 18 years of age. Your permission to use the Web Site is automatically terminated if you violate any of the terms contained in this Agreement.

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 and no reproduction, distribution, or transmission of the copyrighted materials at this Web Site is permitted without the written permission of E Mortgage Capital. All trademarks, logos and service marks are the property of E Mortgage Capital.

CONSENT

You hereby understand and agree that by using this Web Site, you automatically and without any further action have established a business relationship between you and E Mortgage Capital. As a result you agree to allow E Mortgage Capital to contact you about its business via telephone, e-mail and /or standard mail using the contact information you have provided. You hereby consent to such contact even if your phone number is on any Do Not Call list.

LIABILITY DISCLAIMER

E MORTGAGE CAPITAL STRIVES TO MAKE SURE THAT THE INFORMATION ON ITS WEB SITE IS ACCURATE, BUT INACCURACIES OR ERRORS CAN OCCUR. YOU USE THIS WEB SITE AT YOUR OWN RISK. E MORTGAGE CAPITAL RESERVES THE RIGHT TO CHANGE OR MODIFY THE CONTENT OF ITS WEB SITE AT ANY TIME WITH OR WITHOUT NOTICE. YOUR CONTINUED USE OF THE WEB SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH MODIFIED TERMS. THIS WEB SITE AND ALL OF THE INFORMATION CONTAINED THEREIN ARE PROVIDED “AS IS.” E MORTGAGE CAPITAL DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANYTHING WHATSOEVER RELATING TO THIS WEB SITE AND ANY INFORMATION PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. E MORTGAGE CAPITAL IS NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY THE USE OF THIS WEB SITE AND/OR THE CONTENT LOCATED THEREON, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION / LEGAL RELIEF

You agree to indemnify and hold E Mortgage Capital harmless from and against any and all loss, cost, damage, or expense including, but not limited to, reasonable attorneys’ fees incurred by E Mortgage Capital arising out of any action at law or other proceeding necessary to enforce any of the terms, covenants or conditions of the Agreement or due to your breach of this Agreement.

GOVERNING LAW AND VENUE

This Agreement shall be governed by the laws of the State of California. You hereby consent and voluntarily submit to personal jurisdiction in the State of California, in and by the courts of the State of California in San Diego County and the United States District Court for the Southern District of California, in any action in which a claim is brought with respect to this Agreement and you agree that it may be served with process in any such action by hand delivery, courier, overnight delivery service, or certified or registered mail, return receipt requested. You irrevocably and unconditionally waive and agree not to plead, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of venue or the convenience of the forum of any action or claim with respect to this Agreement brought in the United States District Court for the State of California or the courts of San Diego County.

SMS Terms

By enrolling in the E Mortgage Capital INC. (“EMC”) text message program you agree to the following Terms and Conditions.  When you enroll, you certify that (A) you are the account holder for the phone number enrolled to receive text messages, and consent to enroll or have account holder’s consent to enroll, and (B) you are age 18 or older. The EMC text message program is a subscription service. There is no charge from EMC for this service.

By clicking “Submit” and sharing your contact information, you expressly consent to receive transactional and marketing calls, texts, and emails from E Mortgage Capital INC. d/b/a EMC or E Mortgage Capital using a manual or automated system and/or prerecorded messages, even if you are on a State or Federal Do-Not-Call List. Your consent is not required for doing business with E Mortgage Capital INC. d/b/a EMC or E Mortgage Capital, and you can revoke your consent at any time. Message frequency varies and message and data rates may apply. To speak with someone at E Mortgage Capital INC d/b/a EMC or E Mortgage Capital.

You may receive multiple, recurring marketing and transactional messages from EMC including messages related to the progress or status of your loan or financing application and information about EMC products, services and promotions. Some messages may come from an automated system. You might receive messages from different phone numbers if you interact with different loan officers or educators. You agree that these messages may include limited personal information about your loan or loan/financing application, and whoever has access to the mobile phone or carrier account will also be able to see this information. You acknowledge and understand that messages are sent without encryption, which presents some security risk, phone numbers if you interact with different EMC loan officers or educators. You agree that these messages may include limited personal information about your loan or loan/financing application, and whoever has access to the mobile phone or carrier account will also be able to see this information. You acknowledge and understand that messages are sent without encryption, which presents some security risk.

You may opt out at any time by texting STOP to the message, contacting customer service at 626-772-6780, or contacting Patrick Collins at pcollins@emortgagecapital.com. , Attn: Legal/Customer Service, 18071 Fitch Irvine, Ca. 92614. You may opt back in to receive messages by texting START. For help, text HELP to a message or call customer service at 626-772-6780 to adjust your preferences.  Participating carriers include all US-based mobile carriers.  EMC is not liable for delayed or undelivered messages. Products are not compatible with all cell phone models. You can access our Privacy Policy here. 

MISCELLANEOUS

This Agreement embodies the entire agreement between the parties and may not be amended, modified, altered or changed in any respect whatsoever except by a writing duly executed by the parties hereto. This Agreement supersedes any and all prior and contemporaneous oral or written agreements or understandings between you and E Mortgage Capital. No representation, promise, inducement or statement of intention has been made by you and E Mortgage Capital that is not embodied in this Agreement. You and E Mortgage Capital shall not be bound by, or liable for, any alleged representation, promise, inducement, or statement of intention not contained in this Agreement. A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that each provision to this Agreement shall be construed independent of any other provision of this Agreement. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof. In the event any provision of this Agreement is deemed unenforceable, including, but not limited to, the liability disclaimers above, the unenforceable provision shall be replaced with an enforceable provision that most closely reflects the intent of the original provision.