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 Amerify are owned and copyrighted by Amerify 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 Amerify. All trademarks, logos and service marks are the property of Amerify.

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 Amerify As a result you agree to allow Amerify 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 Amerify harmless from and against any and all loss, cost, damage, or expense including, but not limited to, reasonable attorneys' fees incurred by Amerify 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.

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 Amerify. No representation, promise, inducement or statement of intention has been made by you and Amerify that is not embodied in this Agreement. You and Amerify 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.

SMS Terms of Service

1. When you opt-in to the service, we will send you an SMS message to confirm your signup.
2. This service is used to send you notifications about your account with Amerify powered by EMC such as fraud alerts or other account alerts. This service is also used to send you notifications about your mortgage loan inquiry with Amerify powered by EMC such as status alerts about your mortgage loan inquiry, invitations to continue the mortgage loan inquiry process, or information about loan offers with Amerify powered by EMC that you may be eligible for.
3. You can cancel this service at any time, reply “STOP” to the message. After you send the message “STOP” to us, we will send you a reply message to confirm that you have been unsubscribed. If you wish to opt back in again, you can text “YES” to start receiving SMS again or request an opt in message be sent to you.
4. If at any time you forget what keywords are supported, text “HELP” to the message for help. After you send the message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
5. Carriers are not liable for delayed or undelivered messages.
6. As always, Message and Data Rates May Apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this SMS program, you can send an email toinfo@amerify.com
7. Amerify powered by EMC will not transfer or assign your consent to receive marketing messages under this service, if any, to a third party or share information gathered solely from the SMS program with third parties for them to market to you. To learn more about how Amerify powered by EMC uses your information, please review our privacy notice.

Children’s Online Privacy Notice

This notice accurately summarizes our policies and practices regarding the Children’s Online Privacy Protection Act (COPPA) and the Federal Trade Commission’s implementing regulations of 16 C.F.R. Part 312 that establishes a number of requirements applicable to businesses that operate internet websites.

Please be aware that our website is not directed to children under the age of 13. We do not knowingly solicit data from persons under the age of 13 and we do not knowingly market to persons under the age of 13. By submitting an E-mail and any other correspondence, form, and etc. to the Bank using the Bank’s E­ mail address or E-mail Contact Us address, as provided on this website, and any E-mail address of a Bank employee that you obtained by any means, you agree and acknowledge that you are not under the age of 13.

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

Agreement to Arbitrate: This agreement to arbitrate is referred to and these Terms of Use as the “Arbitration Agreement.” You agree that any and all disputes, claims or controversies arising out of or relating to this Arbitration Agreement or the relationship between me, on the one hand, and Amerify powered by EMC, subsidiaries or affiliates (collectively “COMPANY”), on the other hand, whether based in contract, tort, statute (including the Telephone Consumer Protection Act and similar federal and state laws and regulations), fraud, misrepresentation or any other legal theory – including, but not limited to, claims relating to my account, Amerify powered by EMC products and services and communications from or on behalf of Amerify powered by EMC. (“Disputes”) – shall be submitted to American Arbitration Association (“AAA”), or its successor, for confidential, final and binding arbitration to be resolved by a single arbitrator in accordance with the terms of this Arbitration Agreement. You further agree that the arbitration will take place on an individual basis, and that by entering this Arbitration Agreement, you and the Company agree to waive any right to a trial by jury and to participate in any class action. For avoidance of doubt, you agree to give up the ability to bring a lawsuit in court (except small claims discussed below); and you are giving up the ability bring or participate in a class action in any form or forum, even if your Dispute is determined not to be subject to arbitration. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

• Prohibition of Class and Representative Actions and Non-Individualized Relief:

YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION. THIS ARBITRATION AGREEMENT DOES NOT PRECLUDE YOU FROM BRINGING ISSUES TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL AGENCIES, AND SUCH AGENCIES CAN, IF THE LAW ALLOWS, SEEK RELIEF AGAINST COMPANY ON YOUR BEHALF.

• Arbitration Procedures. Arbitration shall be in accordance with AAA Streamlined Rules for Arbitration (“Rules”) and will comply with the AAA Consumer Minimum Standards (which are incorporated by reference), including as to costs for the arbitration. The AAA arbitrator shall resolve the Dispute and is empowered with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or the formation of this Agreement, including the arbitrability of any dispute and any contention that all or any part of this Agreement is unconscionable, void or voidable. If there is any inconsistency between any term of the AAA Consumer Minimum Standards and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. Any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C.§§ 1–16). Notwithstanding the foregoing, you understand that you may instead litigate a Dispute in small claims court if the Dispute meets the requirements to be heard in small claims court.

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held in your hometown.

You understand that upon initiating the arbitration in accordance with AAA rules, You must send a copy of the Demand for Arbitration via U.S. Mail to Emortgage Capital DBA Amerify 170 S Green Valley PKWY, Ste. 300, HENDERSON NV 89012

• Governing Law. The formation, existence, construction, performance, and validity of this agreement shall be governed by the laws of the State of Illinois and the United States, without reference to choose or conflict of law principles.
• Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply.