https://missionloans.com/terms/
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THIS SITE OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT ACCESS THIS SITE.
These Terms of Use apply to your access to, and use of, all or part of any website or mobile application of Mission Loans, LLC. or its subsidiaries and affiliated companies (collectively, “Mission Loans”), including missionloans.com and any other site, mobile application or online service where these Terms of Use are posted (collectively, the “Website”). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Mission Loans for products, services or otherwise.
These Terms of Service affect your legal rights, including an agreement to resolve disputes that may arise between us by arbitration on an individual basis instead of by class actions or jury trials.
- Changes to the Website and Terms of Use
Mission Loans reserves the right to change or modify content, materials or information appearing on or in connection with this Website, including these Terms of Use, at any time without notice to you. Mission Loans may at any time revise these Terms of Use by updating this posting. You are bound by such revisions and should therefore visit these pages to review the current Terms of Use from time to time.
- Eligibility/User Obligations
By installing, accessing, or using this Website, you represent that you are at least eighteen (18) years of age and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on this Website, including, without limitation, when you provide information via a Website form. Additionally, you agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or representative of Mission Loans, when using this Website. Moreover, you agree not to use the site in any way incompatible with requesting Mission Loans services, including, but not limited to, manufacturing litigation claims. Finally, you may not access or use the Mission Loans website in any way that could or is intended to damage or impair the Mission Loans Website, or any server or network underlying the Mission Loans Website, or interfere with anyone else’s use and enjoyment of the Website.
If you provide any false, inaccurate, untrue, or incomplete information, use the site in any way other than to avail yourself of Mission Loans products or services, or cause damage to or impair the Mission Loans Website, Mission Loans reserves the right to terminate your access and use of this Website, as well pursue any other legal remedies available to Mission Loans.
Use of the Internet and this Website is solely at your own risk. While Mission Loans has endeavored to create a secure and reliable Website, you should understand that the confidentiality of any communication or material transmitted to/from the Website over the Internet or other global communication network cannot be guaranteed. Moreover, you understand that the technical processing and transmission of the Website may involve transmission over various networks. Accordingly, Mission Loans is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information.
- Intellectual Property Rights
Unless otherwise indicated, the Website Content is protected by applicable intellectual property laws and all content is owned by Mission Loans or used by Mission Loans under a license or with permission. All text, formatting (including without limitation the selection, coordination and arrangement of materials on the Mission Loans Website, and the images, graphics, animation, tools, widgets, applications, commercials, videos, music, sounds, articles, copy, creative materials, photos, trademarks, service marks, trade names, and logos, and other materials and information on this Website) are subject to the intellectual property rights of Mission Loans, its subsidiaries and affiliates, and their respective licensors and licensees (collectively “Content”). The Content may not be copied, imitated, or used, in whole or in part, without the prior written permission of Mission Loans or the applicable trademark holder. The Website and the Content are protected by copyright, trademark, patent, trade secret, international treaties, state and federal laws, and other proprietary rights and also may have security components that protect digital information only as authorized by Mission Loans or the owner of the Content. All rights not expressly granted are reserved.
Any unauthorized commercial use of these materials will violate Mission Loans’s intellectual property rights and will be subject to Mission Loans’s full legal rights and remedies.
- License Grant
Mission Loans is granting you a limited, nonexclusive, revocable license for you to view, share, print or download any Content, as defined below, from the Mission Loans Website for your own personal use. You are not granted the right to license, republish, distribute, copy, assign, sublicense, transfer, sell, prepare of derivative works or other non-personal use any Content on the Mission Loans Website. No part of any Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use. You are also granted a limited, revocable, and nonexclusive right to create a hyperlink to the Website or its any Content therein so long as the link does not portray Mission Loans, or its products or services in a false, misleading, derogatory, or otherwise offensive matter or imply a sponsorship or endorsement of your Website, page or content by Mission Loans.
You may not use automated systems (e.g., robots, spiders, etc.) to access the Website. You agree not to collect personally identifiable information of other users of the Website or to sell or otherwise exploit that information.
Except for the limited rights expressly granted herein, all right, title and interest in and to the Mission Loans Website and all Content contained therein are reserved and owned by Mission Loans.
MISSION LOANS RETAINS THE RIGHT TO DENY ACCESS TO THIS WEBSITE TO ANYONE WITHOUT NOTICE AT ITS COMPLETE DISCRETION FOR ANY REASON, INCLUDING FOR VIOLATION OF ANY OF THESE TERMS OF USE, INCLUDING ANY USE RIGHTS.
- User Submissions or Feedback
From time to time, we may ask that you for your feedback on Mission Loans’s Website and products and/or services. Any communication or material you transmit or post will be (a) treated as non-confidential and non-proprietary by Mission Loans, (b) become the property of Mission Loans and Mission Loans shall exclusively now and hereinafter own all rights, title and interest therein, and (c) used without restriction by Mission Loans licensees and affiliates at its sole discretion without any obligation, compensation or other liability to you. Such use may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner, now known or later developed, on this Website or otherwise. Mission Loans shall be under no obligation to respond to any such communication.
- Third-Party Content and Links to Other Web Websites
The Mission Loans Website may contain third party content and links to other websites that are completely independent of this Website. Third-party content and links are included solely for the convenience of users and do not constitute any approval, endorsement or warranty by Mission Loans. Moreover, Mission Loans is not responsible for the accuracy, completeness, or reliability of third-party information, or the products or services offered or sold through any linked website and you assume sole responsibility for the use of third-party information. Any agreements, transactions, or other arrangements made between you and such third party are made solely at your own risk. When you click on a third-party link, you will leave the Mission Loans Website. Any personal information you submit on the resulting website will not be collected or controlled by Mission Loans but will be subject to the privacy notice or terms of use of the resulting website. Please review the privacy policy and terms of use of the resulting website for more information on its privacy practices.
- Indemnification
You agree to defend, indemnify, and hold harmless Mission Loans (and all of its direct and indirect subsidiaries) and each of their respective directors, officers, employees, agents, successors, and assigns from and against all losses, liabilities, damages, claims and expenses, including attorneys’ fees, arising out of, relating to, or resulting from your violation of these Terms of Use or misuse of the Website or Mission Loans services, including such violation or misuses conducted by your employee or agent.
- Disclaimer of Warranties
WHILE MISSION LOANS WILL USE REASONABLE EFFORTS TO ENSURE THAT ALL INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, SERVICES, AND MATERIALS AVAILABLE ON THIS WEBSITE IS ACCURATE, UP-TO-DATE AND RELIABLE, THE MISSION LOANS WEBSITE AND ALL INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, SERVICES, AND MATERIALS CONTAINED HEREIN ARE PROVIDED TO YOU “AS IS,” AND “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, TITLE/NONINFRINGEMENT, QUALITY OF INFORMATION, OR FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION OBTAINED BY YOU FROM MISSION LOANS THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITATION, MISSION LOANS DISCLAIMS ALL WARRANTIES REGARDING THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SERVICES, AND MATERIALS DESCRIBED ON OR AVAILABLE THROUGH THIS WEBSITE FOR ANY PURPOSE. MISSION LOANS ALSO DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK, ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS WEBSITE IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY DATA LOSS THAT MAY RESULT FROM YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, DAMAGE RESULTING FROM COMPUTER VIRUSES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- Disclaimer of Damages and Limitation of Liability
IN NO EVENT SHALL MISSION LOANS OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, LOSS OF USE, LOSS OF BUSINESS, ECONOMIC LOSS, LOSS OF DATA OR LOSS OF PROFITS, WITHOUT REGARD TO THE FORM OF ACTION (INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS OF THE MISSION LOANS WEBSITE OR ITS CONTENT, EVEN IF MISSION LOANS OR ITS BUSINESS PARTNERS, EMPLOYEES, REPRESENTATIVES OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL MISSION LOANS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR ONE HUNDRED DOLLARS ($100) (WHICHEVER IS LESS), FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY MISSION LOANS WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- Dispute Resolution and Arbitration; Class Action Waiver
Please Read This Provision Carefully. It Affects Your Legal Rights.
YOU AND MISSION LOANS AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Any dispute between you and Mission Loans, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, “Mission Loans”) arising from or relating to these Terms of Use and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms of Use, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, “Covered Disputes”) will be settled by binding arbitration. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advanced written notice of its intent to file for arbitration by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). Mission Loans’s address for Notice is: Mission Loans LLC, Attn: General Counsel, 18200 Von Karman, Suite 550 Irvine, CA 92612. The Notice must (1) include your name and address, (2) describe the nature and basis of the claim or dispute; and (3) set forth the specific relief sought (“Demand”).
During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will conduct any arbitration proceedings by telephone or videoconference unless in-person appearances are requested by you or Mission Loans and approved by the arbitrator. Any in-person appearances will be held at a location mutually agreed upon by you and Mission Loans, or, in the absence of such agreement, at a location determined by the arbitrator. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Arbitrator will apply applicable law and the provisions of these Terms of Use and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review.
Mission Loans and you agree that any Covered Dispute hereunder will be submitted to arbitration on an individual basis only. Neither Mission Loans nor you are entitled to arbitrate any Covered Dispute as a class, representative, or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative, or private attorney general basis. If any provision of the agreement to arbitrate in this section is found illegal or unenforceable, the remaining arbitration terms shall continue to be fully valid, binding, and enforceable (but in no case will there be a class, representative or private attorney general arbitration). These Terms of Use and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA) and, where otherwise applicable, by the laws of the State of California.
- Privacy Policy
Please read the Privacy Policy carefully to understand how Mission Loans collects, uses and discloses personally identifiable information from its users. By accessing or using the Website, you consent to all actions that we take with respect to your data consistent with our Privacy Policy.
- Use of Websites and Content outside of the United States
Mission Loans makes no claims regarding access or use of the Website outside of the United States. If you use or access the Website outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.
- Notice
Mission Loans may provide you with notices by e-mail, regular mail or postings on any website. Notice will be deemed given twenty-four hours after e-mail is sent, unless Mission Loans is notified that the e-mail address used is invalid. Alternatively, Mission Loans may give you legal notice by mail to a postal address, if provided by you through any website. In such case, notice will be deemed given three (3) calendar days after the date of mailing.
All notices to Mission Loans must be made in writing and mailed to:
Mission Loans, LLC
18200 Von Karman Avenue, Suite 550
Irvine, CA 92612
Attn: General Counsel
- Governing Law and Jurisdiction
These Terms of Use shall be construed, interpreted and performed exclusively according to the laws of the State of California, United States of America, without giving effect to any principles of conflicts of law. You expressly agree that any action at law or in equity arising out of or directly or indirectly relating to these Terms of Use or this Website shall be filed only in the federal or state courts sitting in the Southern District of California and/or Orange County, California. You hereby consent and submit to personal jurisdiction of such courts for the purposes of any action related to the Mission Loans Website, your access or use thereof, or these Terms of Use, and to extra-territorial service of process.
- Assignment
These Terms of Use may not be assigned by you. Mission Loans may assign its rights and obligations set forth in these Terms of Use at any time.
- Severability
Should any part or provision of these Terms of Use be held unlawful, void, invalid or unenforceable, that portion shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
- Entire Agreement
Except as provided herein, these Terms of Use constitute the entire agreement between you and Mission Loans pertaining to their subject matter. Certain provisions of these Terms of Use may be superseded or added to by designated legal notices or terms located on particular pages, applications, tools or other materials that you may access within this Website.
- Waiver
Mission Loans’s failure to enforce any provision of these Terms of Use or any additional terms shall not be deemed a waiver of such provisions nor of its right to enforce such provision.
- Electronic Form
These Terms of Use and any related documents may be accepted in electronic form (e.g., by an electronic or other means of demonstrating assent) and your acceptance will be deemed binding between you and Mission Loans.
- Term and Termination
These Terms of Use will take effect at the time you begin using the Website. Mission Loans reserves the right, with or without notice, at any time and for any reason to deny you access to the Website or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with the terms set forth herein. You may terminate these Terms of Use at any time by ceasing to use the Mission Loans Website, but Sections 2, 3, 5, 7, 8, 9, 10, 12, 14, and 18 will survive such termination. Upon termination, you must destroy all copies of any portion of the Website in your possession.
- Customer Service and Contact Information
Mission Loans, LLC
18200 Von Karman Avenue, Suite 550
Irvine, CA 92612
Phone: (844) 735-0098
eSign Disclosure and Consent
This eSign Disclosure and Consent (the “Consent”) provides the person(s) giving his/her consent below (“you” and “your”) with information relating to your electronic receipt of disclosures and notices (collectively, the “Disclosures”) in connection with your residential mortgage loan application (the “Loan”) pending with the Lender identified in the Disclosures. By providing your consent, you agree that the Lender may send you any and all Disclosures (which are described below) relating to the Loan in an electronic form so that you may view, download, upload, approve, sign (if requested) and return documents electronically. When the Lender wishes to send you Disclosures electronically, a notice to the electronic mail (“e-mail”) address that you have designated below as the e-mail address for the receipt of Disclosures will be sent to you. This notice will direct you to a website where you will be able to access the Disclosures and view, download, upload, approve, sign (if requested) and return documents electronically.
The Disclosures will be available on this website for at least 90 days from the date that the Disclosures are placed on the website or the date of the notice sent to your designated e-mail address, whichever is later. The Lender reserves the right, in its sole discretion, to send you any of the Disclosures in paper form instead of, or in addition to, electronic form.
Types of Disclosures and Notices that will be Provided in Electronic Form.
The Disclosures may include, without limitation, disclosures and notices under the Federal Equal Credit Opportunity Act and Regulation B, the Federal Truth-in-Lending Act and Regulation Z, the Federal Home Mortgage Disclosure Act and Regulation C, the Internal Revenue Code, the Federal Homeowners Protection Act of 1998, the Federal Real Estate Settlement Procedures Act of 1974 and Regulation X, the Federal Fair Credit Reporting Act, the Federal Fair Housing Act, the National Flood Insurance Act of 1968, the Federal Flood Disaster Protection Act of 1973, the Federal Electronic Fund Transfer Act and Regulation E, the Federal Home Ownership and Equity Protection Act of 1994, the Federal USA PATRIOT Act of 2001 and Title V of the Federal Gramm-Leach-Bliley Act, together with all rules and regulations that implement the same, as well as all other disclosures that are required by applicable federal, state and local laws, rules, regulations and ordinances during the mortgage loan origination process. The Disclosures also include any other information, agreements, disclosures and notices that we wish to provide you in connection with the Loan in an electronic form, even if the information, agreements, disclosures and notices are not required by these laws, rules, regulations or ordinances.
Your Right to Receive Paper Copies of the Disclosures.
You are not required to provide your Consent in order to submit an application for the Loan. If you prefer not to provide your Consent, all of the Disclosures will be provided to you in paper form. If you decide to provide your Consent, you may receive paper copies of the Disclosures as described in Section 7 below.
Your Right to Withdraw Your Consent.You have the right to withdraw your Consent at any time. You will not be charged any fees as a result of the withdrawal of your Consent. If you withdraw your Consent, any Disclosures provided to you after the effective date of the withdrawal will be provided in paper form. You may also receive paper copies of any Disclosures that were previously provided to you electronically as described in Section 7 below.
Scope of Your Consent.
Your Consent applies only to your electronic receipt of Disclosures and electronic signature (if requested) in connection with the origination, closing and servicing of the Loan. Your Consent does not apply to other transactions that you may wish to enter into with us or any of our affiliates.
Procedures to Withdraw Your Consent.
You can withdraw your Consent by logging into the eSign Dashboard and then selecting “Withdraw Consent” from the drop-down menu in the top right-hand corner where your name is located. Your withdrawal of Consent will be effective as of the end of the following Business Day. For purposes of this Consent, a “Business Day” means any day from Monday through Friday, excluding Saturdays, Sundays and federal holidays.
Change Of Your Designated E-Mail Address.
If you wish to change your designated e-mail address, you must notify us by logging into the eSign Dashboard and then selecting “Change Email Address” from the drop-down menu in the top right-hand corner where your name is located. Your change of designated e-mail address will be effective as of the end of the following Business Day.
How to Receive Paper Copies.
After you provide your Consent, you may receive, without charge, a paper copy of any Disclosures that have been provided to you electronically by requesting paper copies in one of several ways. First, once you have consented to this Consent and are in the signing view that displays your Disclosures, you may print copies of the Disclosures from your computer if your computer is connected to a printer. Second, while in the eSign Dashboard, you may click on the small paper icon with a green arrow on top of it that appears in the upper, right-hand corner of the status bar of your Dashboard. Finally, if you are reading this Consent in PDF format, please log into the eSign Dashboard and then click on the small paper icon with a green arrow on top of it that appears in the upper, right-hand corner of the status bar of your eSign process to request your copies.
Computer Hardware, Software and Other Requirements.
You must have the following listed items and features in order to receive
Disclosures electronically, to print copies of the Disclosures, and to retain electronic copies of the Disclosures:
- A personal computer capable of accessing the Internet and sending and receiving e-mail
- An Internet connection
- A browser, which is the latest stable release, or one prior release (except where noted), as of the date of consent:
- Chrome
- Edge
- Firefox ESR (latest)
- Firefox
- Safari (Mac only)
- On mobile devices, the default browser is supported.
- A valid e-mail address
- A printer
If we change the computer hardware or software requirements, we will provide you with advance notice of the new requirements. You may withdraw your Consent as described in Section 5 above, and you will not be charged any fees as a result of the withdrawal of your Consent
Electronic Confirmation of Your Consent and Your Designated E-Mail Address.
After you provide your Consent below, a confirmation notice will be sent to your designated e-mail address. The confirmation notice will include, among other things, a copy of this Consent.