Terms of Use.

01Binding Effect

This is a binding agreement. By using this Internet site (the “Website” or “Site”) or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use, as they may be amended by Mortgage Bank of California (“Company”) from time to time in its sole discretion. Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. You agree that by using the Service you represent that you are at least 18 years old and that you are legally able to enter into this agreement.

02Privacy Policy

Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Mbanc’s current privacy policy can be found on our Privacy Policy page, which is expressly incorporated into this Agreement by reference. When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing complete and accurate information. You are entirely responsible for maintaining the confidentiality of your password, and you may not use the account, username, or password of someone else. You agree to notify Company immediately of any unauthorized use of your account. Company shall not be liable for any loss you incur as a result of someone else using your password, and you may be held liable for losses incurred by Company due to someone else’s use of your account or password.

03Use of Software

Company may make certain software available to you from the Site. If you download software from the Site, the software — including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) — is deemed licensed to you by Company for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to the Software, and retains full and complete title as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.

04User Content

You grant Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you grant Company and its affiliates a license to use User Content in connection with the operation of its business, including a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. By posting User Content, you warrant and represent that you own the rights to it or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute it.

05Website Content

This website may provide general information about our products and services. Your eligibility for particular products and services is subject to our final determination, restrictions, and acceptance. We may discontinue or make changes to the information, products, licenses, or services described on this website at any time. Any dated information is published as of its publication date only, and we do not undertake any obligation to update it.

This website may contain links to third-party websites which we do not own or control but which are provided for your convenience. If you visit a link to another website, you do so at your own risk subject to the terms established by that website’s operator. The fact that we provide a link does not mean we endorse, authorize, or sponsor that third-party website. We reserve the right to terminate a link at any time.

Although we try to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. For these reasons we cannot warrant the accuracy, completeness, or timeliness of the information, text, graphics, links, or other items on this website.

06Compliance with Intellectual Property Laws

When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. You agree not to upload, download, display, perform, transmit, or otherwise distribute any content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights, and you shall be solely responsible for any violations.

This website’s content — including all sounds, images, icons, text, software, logos, expressions, and ideas — is copyrighted and protected by U.S. and worldwide copyright laws and treaty provisions, as well as patent and trademark laws and the laws of privacy and publicity. You are not authorized to post on or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, immoral, or profane material. Any commercial use of this website or its content is prohibited. You may print a copy of the information for your personal use only; this right may be revoked at any time.

07Inappropriate Content

You shall not make available any content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your use of the Service and to delete any such material from its servers, and intends to cooperate fully with any law enforcement officials in the investigation of any violation of these Terms of Use or any applicable laws.

08Copyright Infringement

Company has adopted a policy providing for the immediate suspension and/or termination of any user found to have infringed on the rights of Company or of a third party. If you believe your rights or those of a third party have been violated, you must provide Company’s designated agent with: a physical or electronic signature of the authorized person; identification of the copyrighted work; identification of the infringing material and its location; your contact information; a statement of good-faith belief that the use is not authorized; and a statement, under penalty of perjury, that the information is accurate and that you are authorized to act.

09Alleged Violations

Company reserves the right to terminate your use of the Service and/or the Site. To ensure a high-quality experience, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses. Company reserves the right to terminate your account or access immediately, with or without notice and without liability to you, if it believes you have violated any of the Terms of Use, furnished false or misleading information, or interfered with use of the Site or Service by others.

10Accessing the Website

You acknowledge sole responsibility for your use of this website and for maintaining all hardware, software, electrical power, telecommunications, and Internet services necessary to access it. The website may at times be unavailable due to maintenance, malfunctions, unusual transaction volume, or similar reasons, and you agree that we shall not be responsible for any loss arising from such unavailability or from your inability to access the site.

We may at any time, with or without cause and without prior notice, deny you access to the website. The website is not intended for use by persons outside states where Company is approved to offer mortgage products. To protect the security of your information, we may require you to authenticate your identity. If you believe information you submitted has been used without your permission, call us immediately at (844) 918-1886.

11SMS Consent

Providing your telephone contact information to us means you have consented in writing to receive SMS communications (text messages) from us. You authorize Company and its servicing agents to send SMS Notifications to any phone number you provide in connection with your account, application, loan, and closing. “SMS Account Notifications” means any text communications pertaining to your account or loan transaction, including application processing status, account and loan information, information and document requests, due dates, delinquent accounts, closings, and program updates.

12How to Unsubscribe

You may withdraw your consent to receive SMS Account Notifications by replying “STOP, END, CANCEL, UNSUBSCRIBE, or QUIT” or by calling (844) 918-1886 at any time. We may treat an invalid mobile number as a withdrawal of consent. There is no service fee for SMS Account Notifications, but you are responsible for any charges imposed by your communications provider. Message frequency depends on account status. All SMS Account Notifications in electronic format will be considered “in writing.”

13Prohibited Uses

You are prohibited from violating or attempting to violate any security features of the Site or Service, including (a) accessing content or data not intended for you; (b) probing, scanning, or testing the vulnerability of the Service or Site; (c) interfering with service to any user, host, or network, including via virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail; (e) forging any TCP/IP packet header; or (f) attempting to reverse-engineer any source code used by Company. Any violation of system or network security may subject you to civil and/or criminal liability.

14Your Information

Please review our Privacy Policy to understand how we use the information you provide. We do not claim ownership of the materials you provide. However, by posting, uploading, inputting, providing, or submitting your information, you grant us, our affiliated companies, and any vendors necessary to your transaction permission to use it to fulfill your request for services and for purposes defined in our privacy policy.

15Consent to Verifications

By providing us with your information you are providing written consent permitting us to contact third parties as we deem necessary to provide our services to you.

16Affiliated Sites

Company has no control over, and no liability for, any third-party websites or materials. Because neither Company nor the Site controls the content and performance of partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites and assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on them.

17No Warranties

Company hereby disclaims all warranties. Company is making the Site available “as is” without warranty of any kind. You assume the risk of any and all damage or loss from use of, or inability to use, the Site or the Service. To the maximum extent permitted by law, Company expressly disclaims any and all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or noninfringement. Company does not warrant that the Site or Service will meet your requirements or that operation will be uninterrupted or error-free.

18Limited Liability

Mbanc’s liability to you is limited. To the maximum extent permitted by law, in no event shall Company be liable for damages of any kind (including special, incidental, or consequential damages, lost profits, or lost data) arising out of or in connection with your use of the Site or any other materials or services. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages; in such jurisdictions, our liability is limited to the greatest extent permitted by law. We assume no responsibility for any viruses that may infect your computer equipment as a result of your use of this website.

19Indemnity

You agree to indemnify, defend, and hold harmless Company and its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement of any intellectual property or other right of any person or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

20Other Terms & Conditions

Copyright

All contents of Site or Service are Copyright © 2020 Company, 1141 Highland Ave. Suite C, Manhattan Beach, CA 90266. All rights reserved.

Governing Law

These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of New Jersey, without reference to conflicts-of-law rules. You irrevocably consent to the exclusive jurisdiction of the state or federal courts in Essex County, New Jersey, USA in all disputes arising out of or related to the use of the Site or Service.

Severability; Waiver

If a court of competent jurisdiction finds any term unenforceable, all other terms remain in full force and effect. No waiver of any breach shall constitute a waiver of any prior, concurrent, or subsequent breach, and no waiver shall be effective unless made in writing and signed by an authorized representative.

No License

Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or any third party.

Modifications

Company may, in its sole discretion and without prior notice, revise these Terms of Use, modify the Site and/or Service, and discontinue the Site and/or Service at any time. Any revision is effective immediately on posting. By continuing to use or access the Site following notice of any revision, you agree to abide by it.