Terms of Use
HSH.COM LLC doing business as eMortgage.com ("emortgage.com" or "we" or "our"), owns and operates the website located at www.eMortgage.com, (the "Site"). eMortgage.com provides and maintains this site for your information, conditioned on your acceptance, without modification, of the terms, conditions and notices contained in these Terms of Use. By accessing and using the Site, you accept and agree, without limitation, to the following:
PRODUCTS AND SERVICES
You understand and agree that eMortgage.com is not a lender and is not the creditor for or issuer of the products featured on the Site. Any products or services advertised at this site or made available to you after you receive a financial product from an issuer are by and remain the sole responsibility of the respective product vendors and service providers.
LOAN REQUEST POLICY
A loan request is not an application for credit, an application for a loan or a request for a loan pre-qualification. It is an inquiry to be matched with lenders and other related service providers (“Service Providers”). We do not make any decisions regarding the products and services offered by the Service Providers and do not make any underwriting, loan or credit decisions.
Your receipt of an electronic or other form of order confirmation does not signify any acceptance of your loan request request, nor does it constitute confirmation of any offer. eMortgage.com reserves the right at any time after receipt of your loan request to accept or decline your loan request for any reason. eMortgage.com may require additional verifications or information before accepting any loan request. We are not responsible for requests that cannot be serviced or unsuccessful loan requests arising from an individual's ineligibility to qualify for the service. The Site acts solely as a paid marketing service that connects borrowers seeking a loan with Service Providers. We may receive a marketing fee from the Service Providers. You should rely on your own judgment in deciding which available product or service best suits your needs.
We cannot and do not guarantee that you will be matched to any Service Provider, that any Service Provider will make a loan or offer to you, or that any program terms including any specific loan terms or rates, offered by the Service Providers are the best terms or lowest rates available in the market. A Service Provider’s offer may be subject to market conditions, approval and qualification. The rates and fees you actually achieve may be higher or lower depending on your complete credit and financial profile. Your ability to secure any loan or consummate any transaction with any Service Provider is solely a matter to be resolved between you and such Service Provider. You may have to complete an application with, and pay an application fee to, the Service Provider before they extend an offer to you or provide that Service Provider with additional information to enable them to further verify your income.
In submitting a loan request on the Site, you agree to allow us to transfer all of your information in connection with your request to matching Service Providers, whether or not you have specifically selected such Service Providers. If any Service Provider(s) wish to provide information to you in connection with your request, you will be contacted regarding the offerings and related pricing. Please notify the Service Providers directly if you no longer wish to receive communications from them. The Service Provider(s) may keep your request information and any other information provided by us in connection with your request whether or not they offer you a product or service.
CREDIT CHECK - FCRA COMPLIANCE
By submitting your information to eMortgage.com you are providing your express written consent under the Fair Credit Reporting Act for eMortgage.com and selected Service Providers, and affiliates with whom you are connected to obtain your consumer credit profile or other information from contracted Credit Bureau's associated with your inquiry. In submitting your information, you agree to allow us to transfer this information, including your social security number, in connection with your loan request to matching Service Providers, whether or not you have specifically selected such Service Provider. You further expressly authorize any Service Providers with whom you are matched to share among its affiliates, loan servicers, and bank partners any transaction history related to your financial products or services received or serviced through such Service Provider for the limited purpose of evaluating you for credit.
NO ENDORSEMENTS OR RECOMMENDATIONS
In working with Service Providers, we seek to work with companies that are reputable and professional; however, we strongly recommend that you perform your own due diligence on each potential Service Provider prior to selecting and/or entering into any type of agreement or other arrangement with any particular Service Provider. In addition, once we refer your loan request to the Service Providers, we have no further involvement in any transactions that occur between you and the Service Provider(s).
We are not responsible or liable for any Service Provider’s acts or omissions including for any quotes or services that any such Service Provider may provide, for any Service Provider’s contacting or failure to contact you, for any Service Provider’s performance or failure to perform any services, or for any agreement or transaction between you and any Service Provider.
E-CONSENT
By using the services available through the Site, you consent to receive electronically all disclosures, notices or other records that we, our lending partners, or our third-party partners are required by law to disclose to you in writing regarding your loan request or the making of your loan request (e.g., written disclosures required under the Truth in Lending Act and the Equal Credit Opportunity Act) (the “Disclosures”). Each time you submit a loan request through eMortgage.com, you consent to the receipt of electronic Disclosures with respect to that specific loan request and the resulting service, if any. Your consent does not apply to any future transactions between us, our lending partners, or our third-party partners. Our lending partners or third-party partners may ask you to agree an additional electronic consent agreement (or similar agreement). You are responsible for reading and understanding the terms of these additional consent agreements.
RESTRICTIONS
You must be 18 years or older and be a legal resident of the United States to submit a loan request. You agree not to use this Site or any content contained in it for any illegal or inappropriate activities.
COMPLIANCE WITH LAWS
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and your purchase of products or services through the Site's third party affiliates. eMortgage.com may, in its sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. If eMortgage.com becomes aware, through a complaint or otherwise, of any potential or suspected violation of these Terms of Use or of its privacy policy ("Privacy Policy"), eMortgage.com may (but is not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation eMortgage.com may suspend services to any customer being investigated and/or remove any material from eMortgage.com's servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Terms of Use or the Privacy Policy could be subject to criminal or civil penalties.
INTELLECTUAL PROPERTY
The trademarks, titles, characters, trade names, graphics, designs and other properties, including all software, text and images appearing on this site are protected intellectual properties owned by eMortgage.com, its licensees, or other third parties who have authorized use of such properties on the Site.
eMortgage.com grants you permission to view and make copies of documents, pages, images or other materials or content on this site for the purposes of obtaining a loan. eMortgage.com reserves all other rights in this Site and its contents. You may not distribute, display, transmit or disseminate any such documents, pages, images, materials or content without the prior written consent of eMortgage.com. Except as expressly provided on this Site, nothing contained on this Site shall be construed as conferring any right or license under any trademark, copyright or other intellectual property right.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
eMortgage.com uses reasonable efforts to ensure that the information on this site is accurate but cannot guarantee such accuracy. eMortgage.com makes no representations regarding the use or results of any content on the Site as to its accuracy, reliability or any other matter.
NEITHER EMORTGAGE.COM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS SITE. EVERYTHING ON THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. These exclusions and limitations are applied to the fullest extent permitted by law.
THIRD PARTY CONTENT
The Site may contain links to sites maintained by third parties. eMortgage.com is not responsible for the content or privacy policies of those sites, and the existence of such links should not be considered an endorsement or recommendation of those sites or of any product or service offered on those sites or of any party that is associated with those sites.
PRIVACY
eMortgage.com's Privacy Policy, which is incorporated herein by reference, is applicable to any data supplied through the Site in accordance with the Privacy Policy available at https://emortgage.com/privacy-policy. The Privacy Policy sets out your rights and eMortgage.com's responsibilities with regard to your personal information. eMortgage.com will not use your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy. You agree that eMortgage.com, in its sole discretion, may modify the Privacy Policy, and you further agree that, by using the Site after such modifications become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you will terminate use of the Site.
SECURITY
eMortgage.com utilizes secure technology to protect your personal information. Although eMortgage.com has taken reasonable measures to provide for the security of certain information that you submit to the Site, eMortgage.com cannot guarantee that this information will not be intercepted or decrypted by others. eMortgage.com accepts no responsibility for such interception or decryption.
SITE USE
eMortgage.com is not your agent, nor is it the agent of the issuer of any loan service or any supplier with respect to your decision to obtain a loan or other financial offering. eMortgage.com may receive compensation for third parties for goods, facilities or services that eMortgage.com provides to third parties under separate contact. Specifically, eMortgage.com typically receives a fee from lending partners that you may be connected with and/or obtain loan offers from. Such goods, facilities or services may or may not relate in any way to your use of the Site. You agree to any such compensation arrangement whether or not related in any way to your use of the Site.
LAW AND VENUE
By your use of the eMortgage.com website you consent to the laws and jurisdiction of Nevada as it relates directly or indirectly to your use of this website. You agree that any legal action brought against us shall be governed by the laws of Nevada.
MANDATORY AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and eMortgage.com or eMortgage.com's employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or eMortgage.com may take claims to small claims court if the dispute qualifies for hearing by such a court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND EMORTGAGE.COM ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
Arbitration shall be subject to the U.S. Federal Arbitration Act and federal arbitration law, and shall be conducted by Judicial Arbitration Mediation Services, Inc. (“JAMS ”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at https://www.jamsadr.com/consumer-minimum-standards/.
You and eMortgage.com must abide by these rules: (a) the arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action and the arbitrator shall not award class-wide relief; (b) eMortgage.comwill pay its arbitration costs as required by JAMS rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, eMortgage.com will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorneys' fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law.
With the exception of subpart (a) in the paragraph above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in the paragraph above is found invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or U.S. federal court in Clark County Nevada.
MODIFICATION
eMortgage.com reserves the right to modify these Terms of Use from time to time. Your use of the Site after such a modification will constitute your acceptance of, and your agreement to, any new or amended terms and conditions.
INDEMNIFICATION
By using the Site, you agree to indemnify and hold eMortgage.com, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use or attempted use of the Site, including providing a link to another site or uploading any content to the Site.
VIOLATION OF THE TERMS OF USE
By using the Site, you understand and agree that eMortgage.com, at its sole discretion and without prior notice, may terminate your access to the Site and to any services offered on the Site, and may remove any content you have provided if eMortgage.com believes that such content violates or is inconsistent with these Terms of Use or the Privacy Policy or their intent, that your conduct is disruptive, or you have violated the law or the rights of eMortgage.com or another user.
MISCELLANEOUS
All rights not expressly granted are reserved to eMortgage.com. The headings used in these Terms of Use are intended for convenience only and shall not affect the construction and interpretation hereof or thereof. A party's failure to insist upon or enforce strict performance of any provision of the Terms of Use shall not be construed as a waiver of such or any future provision or right. If any provision of these Terms of Use is held to be invalid or unenforceable, such determination shall not affect such provision in any other respect or any other provision of these Terms of Use, which shall remain in full force and effect. These Terms of Use and the Privacy Policy constitute the entire agreement and understanding between the parties with respect to the subject matter contained herein and therein and supersedes and replaces any and all prior written or oral agreements related to the subject matter hereof.
CONTACT INFORMATION:
833-878-5115
1391 W 5th Ave #103
Columbus OH, 43212
eMortgage.com understands the importance of protecting consumers' personal information and the proper use of their personal information. It is Our policy to not send unsolicited e-mails to consumers and we hope the following information will eliminate any concerns that Your company may have regarding Our practices of consumers' personal information.
eMortgage.com and its affiliated sites use only an opt-in or opt-out method of obtaining customer information. All personal information from consumers is obtained voluntarily from the consumer. We obtain personal information from third parties that follow the same set of policies.
All e-mail communications sent by us to consumers include information about the origin of the e-mail and include easily identifiable instructions on how consumers can unsubscribe from receiving future e-mail messages from us. Below is an example of e-mail communications sent by us to subscribers.
--------------------------------
This e-mail is not sent unsolicited. This is a eMortgage.com emailing. Offers are sent to subscribers ONLY.
To be removed from Our list, click here.
View Our Privacy Policy. ISPs view Our policies.
--------------------------------
In some instances, eMortgage.com will enter into a Privacy Policy with a third-party website to allow consumers to opt-in to our marketing program on those third party websites. When this occurs, we make certain that the third-party websites represent and warrant to us that the consumer data was collected voluntarily by consumer registration and/or co-registrations. We also require that the third-party websites have a right under any applicable privacy policy to transfer the consumer data to us, and that eMortgage.com has the right to send marketing offers to the consumer.
We hope this information satisfies any questions or concerns you may have as an ISP regarding our e-mail practices. If you have additional questions or wish to discuss the matter further, please contact us at support@emortgage.com.