Terms of Use

Terms of Use between you and Excelerate Capital

Your use of our website and any transaction you conduct with us in connection with our website are subject to the following terms as conditions (“Terms of Use”).  Accessing pages of our website beyond our homepage is your consent to acceptance of and agreement to the information provided below.  You agree to our Terms of Use whether or not you complete a transaction with us, you complete a transaction on our website, by phone, email, or other form of communication.  If you do not wish to be bound by the terms provided below, you may not access or use this website.  Please read the Terms of use carefully before accessing or using our website. Our website is only applicable to persons aged 18 years of age or older.  Use or access of our website by anyone under the age of 18 is strictly prohibited.

Privacy

Please see our Privacy Policy.  It also governs your use of our website.

Use of Our Website

You acknowledge and agree that you have sole responsibility and sole liability for your use of our website and for providing or obtaining, and for maintaining, all hardware, software, telecommunications, internet services, and other products or services required for you to access and use this website.  We may, at any time and for any reason, in our sole and absolute discretion and without providing any notice to you, to deny your access and use of this website. 

We grant you a limited license to access and personally use our website and you agree not to download or modify any portion of our website without our prior express written permission.  The limited license granted to you does not include any resale or commercial use of our site or the content of our site.  You are specifically prohibited from downloading or copying any account information for the benefit of another party, data mining, data gathering or extraction tools.  You may not reproduce, copy, sell, resell, or otherwise exploit for commercial purposes any portion of our website.  You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our prior express written consent.  Your use of our website shall immediately and automatically terminate any permissions you have to use our site upon the violation of the provisions and limitations in the use of our website.

Feedback: you acknowledge and agree that all feedback submitted to us that contains suggestions, comments, improvements, or ideas about this website will become and remain our exclusive property, including any potential future rights connected to any such submission, even where the provisions of our Terms of use are later amended.  You forever disclaim any proprietary rights in such submissions, and you acknowledge our unrestricted and unlimited right to use and publish any submission or related ideas resulting from your submission, now and in the future, in any form or medium, and without any compensation or any other obligation to you or any other person. 

Testimonials: you acknowledge and agree that any testimonial you submit to us shall become and remain the exclusive property of Excelerate Capital.  By submitting your testimonial, you irrevocably grant us the unrestricted right (at any time, without notice, payment, or any obligation to you or another person) to use your testimonial, likeness, image(s), in any medium or form, in connection with any publicity related purpose.  This irrevocable grant includes using any portion of the information provided as we see fit and we may use your name or a fictitious name for our purposes in connection therewith. 

Inappropriate Content and Prohibited Uses

You may not post content on our website that is illegal, obscene, defamatory, threatening, invasive of the privacy of another, infringe on the intellectual property of another, or is otherwise harmful.  We possess the sole and absolute discretion over what is posted on our website.  No spam, commercial solicitations, or misleading information may be posted.  You agree to indemnify us, our subsidiaries, affiliates, officers, employees, agents, successors and assigns for any and all claims resulting from any content you submit.  We are not responsible for and assume no liability for any information posted by you or any third party to our website and we have the right, but are not obligated, to monitor, review, and edit any information submitted by you or a third-party to our website. 

Except as expressly allowed by us, you may not modify, copy, transmit, display, perform, distribute, reproduce, license, create derivative works from, publish, use on any other website transfer or sell any information, software, list of users, databases or other lists, products or services obtained from our website.  If and when requested by us, you agree to provide true, accurate, and complete user information and to refrain from impersonating or falsely representing your affiliate or relationship with any person or entity.  You agree to refrain from accessing or attempting to access password protected, secure or non-public areas of our website unless you are given authorization to do so.  Individuals who, without authorization from us, attempt to access prohibited areas of this website will be held accountable and may be subject to prosecution as determined by appropriate law enforcement agencies.

You agree that you will not use any robot, spider, other automatic device of a similar nature, or manual process to monitor or copy the pages of our website or the content of our website without our prior express written permission.  You agree that you will not use any device, software, or routine to interfere with or attempt to interfere with the proper operation of our website or any transaction being conducted through our website. 

You agree that we may terminate your password, account, or use of our website in our sole and absolute discretion at any time and for any reason, without notice.  All notices you give to us shall be in writing and shall be made either through email or conventional mail.  In addition, we may also post notices or links to notices through our website to inform you of changes to the applicable terms of use, our website, or other matters of importance. 

Information Provided on our Website

Excelerate Capital attempts to be as accurate as possible when providing information on our website.  However, the information on our website is for general informational purposes only and we do not warrant that any descriptions or information provided is reliable, complete, current, or error-free. 

Proprietary Rights

Any and all material on our website, which includes the visual appearance, layout, and structure are either owned or licensed by us.  All rights are reserved and except where we provide express written authorization, no unauthorized reproduction, distribution, or transmission of the content or information from our website is permitted. 

Our website or any portion of our website may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the prior express written permission of Excelerate Capital. 

Links to Other Sites

Clicking on links to other websites from our website will navigate your web browser to other websites and display information from websites different from ours for which we are not responsible and cannot control.  These websites contain information and governing provision different from those on this website.  We provide links to other websites only for your convenience.  We do not endorse any service or website, the content provided thereby, or any organization connected thereto, by providing a link to such website. 

EXCELERATE CAPITAL AND ITS CORPORATE PARENTS, AFFILIATES, AND SUBSIDIARIES ASSUME NO RESPONSIBILITY OR LIABILITY IN ANY CAPACITY WHATSOEVER FOR THE ACCURACY, CONTENT, RELIABILTY OR OPIONINS EXPRSSED IN A WEBSITE, TO WHICH OUR WEBSITE IS LINKED AND THESE LINKED SITES ARE NOT MONITORED, INVESTIGATED, EVALUATED, OR CHECKED FOR ACCURACY OR COMPLETENESS BY US.  IT IS YOUR SOLE RESPONSIBILITY TO EVALUATE AND DETERMINE THE ACCURACY, RELIABILITY, TIMELEINESS AND COMPLETENESS OF ANY INFORMATION AVAILABLE OR PROVIDED ON ANY LINKED WEBSITE.  ALL INFORMATION, PRODUCTS, SERVICES AND CONTENT OBTAINED FROM A WEBSITE LINKED BY US IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITIY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. 

Disclaimers

THE WEB PAGE CONTENT ACCESSIBLE THROUGH OUR WEBSITE IS PROVIDED TO YOU ON AN “AS IS” BASIS AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILIYT, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  WE MAKE NO REPRESENTATION OR WARRANTY REGARDING ANY WEBSITE CONTENT OR ITS USE THEREOF.  THE WEBSTIE CONTENT ON OR AVAILABLE THROUGH OUR WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERROS AND COULD BECOME INACCURATE BECAUSE OF DEVELOPMENTS OCCURRING AFTER SUCH CONTENT’S RESPECTIVE DATE OF PUBLICATION.  WE HAVE NO OBLIGATION TO MAINTAIN THE ACCURACY OF ANY WEB PAGE CONTENT AVAILABLE THROUGH OUR WEBSITE.

YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT, AND SHALL NOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECT(S) THAT MAY EXIST OR COME TO EXIST IN OUR WEBSITE OR IN THE OPERATION OF OUR WEBSITE.  REGARDING THE OPERATION OF OUR WEBSITE, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHTHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  WE MAKE NO REPRESENTATION OR WARRANTY THAT (A) THE OPERATION OF OUR WEBSITE WILL MEET YOUR OR ANY OTHER USER’S REQUIREMENTS; (B) ACCESS TO OUR WEBSITE WILL BE UNINTERRUPTED, SECURE, TIMELY, FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) ANY DEFECTS IN OUR WEBSITE WILL BE CORRECTED.  YOU AGREE THAT YOU, AND NOT US, WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS OR COMPUTER EQUPIMENT BECAUSE OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF ACCESSING OR VISITING OUR WEBSITE. 

Neither Company nor its subsidiaries, affiliates, vendors, or licensors (or any of their employees, agents, officers or directors) shall be held liable for any direct, indirect, punitive, incidental, special or consequential damages or other injury, harm, or damage arising out of or in any way connected with the use or the inability to use the Websites or with the delay or inability to use the Websites, or for any information, software, products and services obtained through the Websites, including but not limited to reliance by you on any information obtained through or from the Websites, or that result from mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses, worms, trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to our records, programs or services, or otherwise arising out of the use of the Websites, whether resulting in whole or in part, from breach of contract, tortious conduct, negligence, strict liability or otherwise, even if Company and/or our affiliates, vendors and/or licensors have been advised of the possibility of damages.

Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall the collective total liability of Company and its subsidiaries, affiliates, vendors, or licensors (or any of their employees, agents, or directors) to you for damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, in accessing, interacting with, or using the Websites or any Content thereon in the 12 months preceding the event giving rise to the claim.

In no way does this Agreement require New Jersey consumers to waive any rights otherwise protected under the Truth-in-Consumer Contract, Warranty and Notice Act.

Indemnification

Under no circumstances will we be liable for any direct, indirect, incidental, special, punitive or consequential losses, damages, or expenses of any kind whether the claimed damages or losses are based in tort, contract, or any other theory of law, arising in any way or in connection with this website or use thereof, including, but no limited to failure of performance, omission, error, defect, interruption, failure to process, delay, computer virus, system failure, even if we are made aware of the alleged damages or losses including all third party claims.  You agree to indemnify and hold us harmless for any and all damages and losses as described above relating to our use of our website.

Reasonable Efforts

While Company will use commercially reasonable efforts to have your application fully processed and closed on or before any applicable rate lock expiration date (if any) and/or anticipated closing date, some processes are not under our reasonable control. For instance, and without limitation, Company cannot be responsible for delays in loan approval or closing due to any of the following: the untimely receipt of an acceptable appraisal; the untimely receipt of required documentation; your existing home not selling; or matters disclosed by a title commitment or survey.

Electronic Delivery Consent

Through this Terms of Use, you specifically agree to receive and/or obtain any and all disclosures, notices, information and communications via email, posting on our website or other electronic delivery method instead of delivery through paper documents.  This shall include, but is not limited to, any and all current and future notices and/or disclosures that various federal and/or state laws or regulation require that we provide to you, as well as such other documents, statements, data, records and any other communications regarding your use of our website.  You acknowledge that, for purposes of your recordkeeping, that you are able to use our website to retain these communications by printing and/or downloading and saving these Terms of Use and any other agreements and electronic communications , documents, or records that you agree to while using our website.  You accept electronic communication provided from us as reasonable and proper notice, for the purpose of any and all laws, rules, and regulations, and agree that such electronic form fully satisfies any requirement that such communications be provided to you in writing or in a form that you may keep.  If you would like to request a paper documents for any of the above, please contact us at: Excelerate Capital, Website Disclosures, 4000 MacArthur Blvd., Suite 4000, Newport Beach, CA 92660.

Governing Law

By accessing our website, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any nature which may arise between you and us and or our subsidiaries and affiliates.  You further agree than any action at law or in equity arising out of or relating to these Terms of Use or our website shall be filed only the state or federal courts located in Orange County, California, and you hereby consent and submit to the personal jurisdiction of such course for the purposes of litigating any such action. 

Mandatory Arbitration Notice, Waiver of Jury Trial, and Waiver of Class Action

To the extent allowed by applicable law, you agree that you or Excelerate Capital may require any claim or controversy arising out of or related to the use of our website, to services provided by us, or to any acts or omissions with us (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory), including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration on an individual (non-class) basis.  However, both parties retain the right to seek relief in a small claims court (or a state court equivalent) for a Dispute within the scope of its jurisdiction so long as the small claims action does not seek to certify a class, combine the claims of multiple persons, recover damages in excess of the limit for a small claim under applicable state law or is not transferred, removed, or appealed from small claims court to any different court.  Additionally, if you are a California resident you retain the right to obtain public injunctive relief from any court with proper jurisdiction. 

You are aware that there is no judge or jury in arbitration and the ability of a court to review an arbitration aware is extremely limited.  Any arbitration of a Dispute will be on an induvial basis, and, therefore, you understand and agree that you are waiving the right to participate as a class representative or class member in a class action lawsuit.  As part of this waiver, you agree that you waive the right to act as a private attorney general in an arbitration; that except as otherwise provided in this arbitration agreement, disputes brought by or against you may not be joined or consolidated with disputes brought by or against any other person; and the arbitrator shall have no authority to conduct a class-wide arbitration, private attorney general arbitration or multiple-party arbitration. 

You and we agree that your use of the websites and our services involves interstate commerce, and that this arbitration agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act (FAA) set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Disputes at issue. The arbitrator must follow, to the extent applicable: (1) the substantive law of the state in which we entered into the transaction giving rise to this arbitration agreement; (2) the applicable statutes of limitations; and (3) claims of privilege recognized at law. The arbitrator will not be bound by federal, state or local rules of procedure and evidence or by state or local laws concerning arbitration proceedings.

If either you or we elect to arbitrate a Dispute, it shall be resolved by binding arbitration administered under the applicable rules of the American Arbitration Association (“AAA”). Either you or we may elect to resolve a particular Dispute through arbitration, even if the other party has already initiated litigation in court related to the Dispute, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court.

If this is a consumer-purpose transaction, the applicable rules will be the AAA’s Consumer Arbitration Rules. The applicable AAA rules and other information about arbitrating a claim under AAA, including how to submit a dispute to arbitration, may be obtained by visiting its website at https://www.adr.org/ or by calling 1-800-778-7879. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the parties shall agree on an arbitrator mutually agreeable to both parties, but in the event the parties cannot agree, each shall select one AAA arbitrator and the two selected arbitrators shall select a separate AAA arbitrator to preside over the arbitration. Should the AAA decline to accept a matter submitted for individual (non-class) arbitration under this Agreement, the parties shall jointly select another arbitrator. In the event the parties are unable to agree on a neutral arbitrator, each shall select one arbitrator and the two selected arbitrators shall select a separate arbitrator to preside over the arbitration. However, we will abide by the applicable AAA rules regardless of the forum. Arbitration shall be conducted in the county and state where you accepted this Agreement, you reside, or another reasonably convenient place to you as determined by the arbitrator but only in jurisdictions in the United States and the District of Columbia where Company is licensed to provide mortgage related services, unless applicable laws require another location. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed. The parties will have the option to request and receive a statement of reasons for the arbitration award.

If you elect to file the arbitration, and this is a consumer-purpose transaction, you will pay the filing fee to the extent required by AAA’s Consumer Arbitration Rules but not to exceed the cost of filing a lawsuit. Any amount above what it would cost you to file a lawsuit, we will pay. All other arbitration fees and expenses shall be allocated to us according to AAA rules. Except for the arbitration fees and expenses, each party shall pay its own costs and fees incurred (including attorneys’ fees), unless the arbitrator allocates them differently in accordance with applicable law. This paragraph applies only if this is a consumer-purpose transaction.

If any part of this arbitration provision is invalid, all other parts of it remain valid. However, if the class action limitation is invalid, then this arbitration provision is invalid in its entirety, provided that the remaining terms and conditions of this Agreement shall remain in full force and effect. This arbitration provision will survive the termination of your use of the website, our services, and any other actions with us.

You may reject this arbitration provision within thirty (30) days of accepting the Agreement by emailing us at [email protected] and including in the subject line “Rejection of Arbitration Provision.”

Without waiving the foregoing arbitration agreement, this Agreement and its provisions shall be construed, interpreted, governed, and applied in accordance with the laws of the State of California, excluding its conflict of law principles.

Questions and Updates to Website

If you have any questions regarding our policies, please send us an email to [email protected]. 

Terms and Conditions were last updated on June 8, 2021.  Please check this webpage periodically for any changes.