California – Coming Soon

Florida – Licensed as a Mortgage Broker by the Department of Banking and Finance No. MBR4065

Georgia – Georgia Residential Mortgage Broker Licensee – Finance No. 2066797

Tennessee – Tennessee Department of Financial Institutions – License Number 2066797

Texas –  Department of Savings and Mortgage Lending – License Number 2066797

CONSUMERS WISHING TO FILE A COMPLAINT AGAINST A COMPANY OR A RESIDENTIAL MORTGAGE LOAN ORIGINATOR SHOULD COMPLETE AND SEND A COMPLAINT FORM TO THE TEXAS DEPARTMENT OF SAVINGS AND MORTGAGE LENDING, 2601 NORTH LAMAR, SUITE 201, AUSTIN, TEXAS 78705. COMPLAINT FORMS AND INSTRUCTIONS MAY BE OBTAINED FROM THE DEPARTMENT’S WEBSITE AT WWW.SML.TEXAS.GOV. A TOLL-FREE CONSUMER HOTLINE IS AVAILABLE AT 1-877-276-5550.THE DEPARTMENT MAINTAINS A RECOVERY FUND TO MAKE PAYMENTS OF CERTAIN ACTUAL OUT OF POCKET DAMAGES SUSTAINED BY BORROWERS CAUSED BY ACTS OF LICENSED RESIDENTIALMORTGAGE LOAN ORIGINATORS. A WRITTEN APPLICATION FOR REIMBURSEMENT FROM THE RECOVERY FUND MUST BE FILED WITH AND INVESTIGATED BY THE DEPARTMENT PRIOR TO THE PAYMENT OF A CLAIM. FOR MORE INFORMATION ABOUT THE RECOVERY FUND, PLEASE CONSULT THE DEPARTMENT’S WEBSITE AT WWW.SML.TEXAS.GOV.

ELCAP MORTGAGE, INC (“Elcapmortgage.com”, “WE” OR “US”)

Internet web site Terms of Use

THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND ELCAPMORTGAGE.COM AND GOVERN YOUR ACCESS TO, AND USE OF, THE ELCAPMORTGAGE.COM WEBSITE LOCATED AT THE URL: WWW.ELCAPMORTGAGE.COM, TOGETHER WITH THE SERVICES AVAILABLE THROUGH THIS SITE (THE “SITE”). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. ELCAPMORTGAGE.COM MAY MAKE CHANGES TO THE CONTENT AND SERVICES OFFERED ON THIS SITE AT ANY TIME. ELCAPMORTGAGE.COM CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THIS SITE WITH A CHANGE NOTICE AND MAY SEND REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE.

General Use Restrictions.

Elcapmortgage.com provides content and directory services through this Site. Certain information, documents, products, tools and services provided on and through this Site, including content, logos, graphics, widgets and images (together, the “Materials”) that are not Submissions (as defined below) are provided to you by Elcapmortgage.com and are the copyrighted and/or trademarked work of Elcapmortgage.com or Elcapmortgage.com’s contributors or providers.

Elcapmortgage.com grants you a limited, personal, non-exclusive and non-transferable license to (i) use and to display and to make one copy of the Materials (other than the widgets available on this Site) and to use the services and this Site solely for your personal use and (ii) use, reproduce, distribute, publicly perform and publicly display the widgets available on this Site on your website. Except for the licenses set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner.

This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of these limited licenses, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site or any Materials.

Password Restricted Areas of this Site.

You may need a password to login to this Site and to use certain functions and areas within this Site. You are responsible for maintaining the confidentiality of your password and account and agree to notify Elcapmortgage.com if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under your account. You agree to immediately notify Elcapmortgage.com of any unauthorized use of your account or any other breach of security in relation to this Site known to you.

Privacy Policy.

Your use of this Site is governed by the Elcapmortgage.com Privacy Policy, which is available at /privacy (the “Privacy Policy”).

Third Party Content.

Certain information and other content that are not Submissions may be provided by third party licensors and suppliers to Elcapmortgage.com (“Third Party Content”). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. ELCAPMORTGAGE.COM DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Links to Third Party Sites.

This Site may be linked to other sites that are not Elcapmortgage.com sites. Elcapmortgage.com is providing these links to you only as a convenience, and Elcapmortgage.com is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites.

Submissions.

You acknowledge that you are responsible for the information (including, without limitation, rates, APR, and other loan information), opinions, comments and other content or material that you submit, upload, post or otherwise make available on or through the Site, such as in forums, blogs or directories (each a “Submission”) and through the services available in connection with this Site, and that you, and not Elcapmortgage.com, have full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark and copyright ownership. Unless otherwise explicitly stated herein or in the Elcapmortgage.com Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You hereby assign, transfer and convey to Elcapmortgage.com all your worldwide right, title and interest in and to your Submissions, and the complete right to exploit or otherwise use the Submissions or any portion thereof, in any form of medium, expression or technology now known or hereafter known or developed, and all contract and licensing rights. However, Elcapmortgage.com agrees to use all of your Submissions in accordance with Elcapmortgage.com’s Privacy Policy applicable to personally identifiable information.

You further agree that you will not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission that you make.

You represent and warrant that: (i) you own all Submissions posted by you on or through this Site or otherwise have the right to grant the ownership to Elcapmortgage.com set forth in this section, and (ii) the posting of your Submissions on or through this Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.

When submitting Submissions to or otherwise using this Site and/or the Materials available on or through this Site, you agree not to, without limitation:

• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Post any false, inaccurate or misleading information.
• Use racially, ethnically, or otherwise offensive language.
• Discuss or incite illegal activity.
• Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
• Post anything that exploits children or minors or that depicts cruelty to animals.
• Post any copyrighted or trademarked materials without the express permission from the owner.
• Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
• Use any robot, spider, scraper or other automated means to access the Site.
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
• Alter the opinions or comments posted by others on this Site.
• Engage in link spamming or spamdexing of any kind.

This list of prohibitions provides examples and is not complete or exclusive. Elcapmortgage.com reserves the right to (a) terminate your access to your account, your ability to post to this Site (or the services), (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Elcapmortgage.com determines is inappropriate or disruptive to this Site or to any other user of this Site and/or services, and (c) terminate or revoke your license to use the widgets at any time for any reason or for no reason. Elcapmortgage.com may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Elcapmortgage.com’s discretion, Elcapmortgage.com will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet. On termination or revocation of your license to use the widgets, you shall remove the widgets from your website.

These prohibitions do not require Elcapmortgage.com to monitor, police or remove any Submissions or other information submitted by you or any other user. Please note that there are commercially available services and software to limit access to material that you may find objectionable.

Unauthorized Activities.

Submissions and unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations. You agree to indemnify and hold Elcapmortgage.com and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Elcapmortgage.com or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or the use of this Site by any person using your username and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.

Proprietary Rights.

Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images, and icons, as well as the arrangement thereof, are the sole property of Elcap Mortgage, Inc. and are Copyright © 2021. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted or registered material or intellectual property is strictly prohibited without the express written consent of the owner or licensee of same. If you use the materials in a way that is not clearly allowed by the terms of these Terms, you are violating your contract with us and may be violating copyright, trademark, and other laws. In this case, we automatically revoke your permission to use the materials and you must immediately destroy any copies you have made.

Elcapmortgage.com Registered Service Mark.

The “Elcapmortgage.com” logo, service-name and product-name is the registered service mark of Mortgage Loan Directory and Information, LLC, or one of its affiliated companies (the “Service Mark”) and our exclusive right to use and display the Service Mark is protected by the United States and foreign trademark and other laws. Other trademarks, names, and logos on this Site are the property of their respective owners. By visiting our Site you agree not to display or use the Service Mark in any manner without our express prior written permission. To request permission to use the Service Mark, please contact us through our contact form.

Copyright and Trademark Infringements.

Notification:
Elcapmortgage.com respects the intellectual property rights of others, and we ask you to do the same. Elcapmortgage.com may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Elcapmortgage.com’s designated agent the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted and/or trademarked work claimed to have been infringed, or if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit Elcapmortgage.com to locate the material.
• Information reasonably sufficient to permit Elcapmortgage.com to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Elcapmortgage.com’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:

By mail:
Elcap Mortgage, Inc
800 Battery Ave SE
Suite 100
Atlanta, GA 30339

By phone:
(404) 671-9460

By e-mail:
[email protected]

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Disclaimer of Warranties.

Your use of this Site and/or the services is at your own risk. Neither the Materials, Submissions nor the Third Party Content have been verified or authenticated in whole or in part by Elcapmortgage.com, and they may include inaccuracies or typographical or other errors. Elcapmortgage.com does not warrant the accuracy of timeliness of the Materials, Submissions or the Third Party Content contained on this Site. Elcapmortgage.com has no liability for any errors or omissions in the Materials, Submissions and/or the Third Party Content, whether provided by Elcapmortgage.com or our licensors.

ELCAPMORTGAGE.COM, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, ANY MATERIALS, SUBMISSIONS OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE THIRD PARTY CONTENT AND THE SUBMISSIONS OF OTHER USERS OF THIS SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT, SUBMISSIONS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ELCAPMORTGAGE.COM DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

Limitation of Liability.

Elcapmortgage.com SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM (X) YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS, THIRD PARTY CONTENT OR SUBMISSIONS TO OR FROM THIS SITE OR (Y) FROM ANY THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR UNLAWFUL USE OF YOUR PERSONAL INFORMATION, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. IN NO EVENT SHALL ELCAPMORTGAGE.COM BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF Elcapmortgage.com KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

Local Laws; Export Control.

Elcapmortgage.com controls and operates this Site from its headquarters in the United States of America and the Materials, Submissions and/or Third Party Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.

General.

If you violate these Terms, Elcapmortgage.com may terminate and/or suspend your access to this Site without notice. Elcapmortgage.com prefers to advise you of your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by Elcapmortgage.com, may result in immediate termination of Florida state law and U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or this Site will be heard in the courts located in Florida state. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Elcapmortgage.com’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Elcapmortgage.com and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Elcapmortgage.com about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

ELCAP MORTGAGE, INC (“Elcapmortgage.com”, “WE” OR “US”)

Internet web site Terms of Use

THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND ELCAPMORTGAGE.COM AND GOVERN YOUR ACCESS TO, AND USE OF, THE ELCAPMORTGAGE.COM WEBSITE LOCATED AT THE URL: WWW.ELCAPMORTGAGE.COM, TOGETHER WITH THE SERVICES AVAILABLE THROUGH THIS SITE (THE “SITE”). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. ELCAPMORTGAGE.COM MAY MAKE CHANGES TO THE CONTENT AND SERVICES OFFERED ON THIS SITE AT ANY TIME. ELCAPMORTGAGE.COM CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THIS SITE WITH A CHANGE NOTICE AND MAY SEND REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE.

General Use Restrictions.

Elcapmortgage.com provides content and directory services through this Site. Certain information, documents, products, tools and services provided on and through this Site, including content, logos, graphics, widgets and images (together, the “Materials”) that are not Submissions (as defined below) are provided to you by Elcapmortgage.com and are the copyrighted and/or trademarked work of Elcapmortgage.com or Elcapmortgage.com’s contributors or providers.

Elcapmortgage.com grants you a limited, personal, non-exclusive and non-transferable license to (i) use and to display and to make one copy of the Materials (other than the widgets available on this Site) and to use the services and this Site solely for your personal use and (ii) use, reproduce, distribute, publicly perform and publicly display the widgets available on this Site on your website. Except for the licenses set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner.

This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of these limited licenses, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site or any Materials.

Password Restricted Areas of this Site.

You may need a password to login to this Site and to use certain functions and areas within this Site. You are responsible for maintaining the confidentiality of your password and account and agree to notify Elcapmortgage.com if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under your account. You agree to immediately notify Elcapmortgage.com of any unauthorized use of your account or any other breach of security in relation to this Site known to you.

Privacy Policy.

Your use of this Site is governed by the Elcapmortgage.com Privacy Policy, which is available at /privacy (the “Privacy Policy”).

Third Party Content.

Certain information and other content that are not Submissions may be provided by third party licensors and suppliers to Elcapmortgage.com (“Third Party Content”). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. ELCAPMORTGAGE.COM DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Links to Third Party Sites.

This Site may be linked to other sites that are not Elcapmortgage.com sites. Elcapmortgage.com is providing these links to you only as a convenience, and Elcapmortgage.com is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites.

Submissions.

You acknowledge that you are responsible for the information (including, without limitation, rates, APR, and other loan information), opinions, comments and other content or material that you submit, upload, post or otherwise make available on or through the Site, such as in forums, blogs or directories (each a “Submission”) and through the services available in connection with this Site, and that you, and not Elcapmortgage.com, have full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark and copyright ownership. Unless otherwise explicitly stated herein or in the Elcapmortgage.com Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You hereby assign, transfer and convey to Elcapmortgage.com all your worldwide right, title and interest in and to your Submissions, and the complete right to exploit or otherwise use the Submissions or any portion thereof, in any form of medium, expression or technology now known or hereafter known or developed, and all contract and licensing rights. However, Elcapmortgage.com agrees to use all of your Submissions in accordance with Elcapmortgage.com’s Privacy Policy applicable to personally identifiable information.

You further agree that you will not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission that you make.

You represent and warrant that: (i) you own all Submissions posted by you on or through this Site or otherwise have the right to grant the ownership to Elcapmortgage.com set forth in this section, and (ii) the posting of your Submissions on or through this Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.

When submitting Submissions to or otherwise using this Site and/or the Materials available on or through this Site, you agree not to, without limitation:

• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Post any false, inaccurate or misleading information.
• Use racially, ethnically, or otherwise offensive language.
• Discuss or incite illegal activity.
• Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
• Post anything that exploits children or minors or that depicts cruelty to animals.
• Post any copyrighted or trademarked materials without the express permission from the owner.
• Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
• Use any robot, spider, scraper or other automated means to access the Site.
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
• Alter the opinions or comments posted by others on this Site.
• Engage in link spamming or spamdexing of any kind.

This list of prohibitions provides examples and is not complete or exclusive. Elcapmortgage.com reserves the right to (a) terminate your access to your account, your ability to post to this Site (or the services), (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Elcapmortgage.com determines is inappropriate or disruptive to this Site or to any other user of this Site and/or services, and (c) terminate or revoke your license to use the widgets at any time for any reason or for no reason. Elcapmortgage.com may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Elcapmortgage.com’s discretion, Elcapmortgage.com will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet. On termination or revocation of your license to use the widgets, you shall remove the widgets from your website.

These prohibitions do not require Elcapmortgage.com to monitor, police or remove any Submissions or other information submitted by you or any other user. Please note that there are commercially available services and software to limit access to material that you may find objectionable.

Unauthorized Activities.

Submissions and unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations. You agree to indemnify and hold Elcapmortgage.com and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Elcapmortgage.com or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or the use of this Site by any person using your username and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.

Proprietary Rights.

Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images, and icons, as well as the arrangement thereof, are the sole property of Elcap Mortgage, Inc. and are Copyright © 2021. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted or registered material or intellectual property is strictly prohibited without the express written consent of the owner or licensee of same. If you use the materials in a way that is not clearly allowed by the terms of these Terms, you are violating your contract with us and may be violating copyright, trademark, and other laws. In this case, we automatically revoke your permission to use the materials and you must immediately destroy any copies you have made.

Elcapmortgage.com Registered Service Mark.

The “Elcapmortgage.com” logo, service-name and product-name is the registered service mark of Mortgage Loan Directory and Information, LLC, or one of its affiliated companies (the “Service Mark”) and our exclusive right to use and display the Service Mark is protected by the United States and foreign trademark and other laws. Other trademarks, names, and logos on this Site are the property of their respective owners. By visiting our Site you agree not to display or use the Service Mark in any manner without our express prior written permission. To request permission to use the Service Mark, please contact us through our contact form.

Copyright and Trademark Infringements.

Notification:
Elcapmortgage.com respects the intellectual property rights of others, and we ask you to do the same. Elcapmortgage.com may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Elcapmortgage.com’s designated agent the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted and/or trademarked work claimed to have been infringed, or if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit Elcapmortgage.com to locate the material.
• Information reasonably sufficient to permit Elcapmortgage.com to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Elcapmortgage.com’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:

By mail:
Elcap Mortgage, Inc
800 Battery Ave SE
Suite 100
Atlanta, GA 30339

By phone:
(404) 671-9460

By e-mail:
[email protected]

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Disclaimer of Warranties.

Your use of this Site and/or the services is at your own risk. Neither the Materials, Submissions nor the Third Party Content have been verified or authenticated in whole or in part by Elcapmortgage.com, and they may include inaccuracies or typographical or other errors. Elcapmortgage.com does not warrant the accuracy of timeliness of the Materials, Submissions or the Third Party Content contained on this Site. Elcapmortgage.com has no liability for any errors or omissions in the Materials, Submissions and/or the Third Party Content, whether provided by Elcapmortgage.com or our licensors.

ELCAPMORTGAGE.COM, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, ANY MATERIALS, SUBMISSIONS OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE THIRD PARTY CONTENT AND THE SUBMISSIONS OF OTHER USERS OF THIS SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT, SUBMISSIONS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ELCAPMORTGAGE.COM DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

Limitation of Liability.

Elcapmortgage.com SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM (X) YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS, THIRD PARTY CONTENT OR SUBMISSIONS TO OR FROM THIS SITE OR (Y) FROM ANY THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR UNLAWFUL USE OF YOUR PERSONAL INFORMATION, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. IN NO EVENT SHALL ELCAPMORTGAGE.COM BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF Elcapmortgage.com KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

Local Laws; Export Control.

Elcapmortgage.com controls and operates this Site from its headquarters in the United States of America and the Materials, Submissions and/or Third Party Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.

General.

If you violate these Terms, Elcapmortgage.com may terminate and/or suspend your access to this Site without notice. Elcapmortgage.com prefers to advise you of your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by Elcapmortgage.com, may result in immediate termination of Florida state law and U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or this Site will be heard in the courts located in Florida state. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Elcapmortgage.com’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Elcapmortgage.com and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Elcapmortgage.com about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

Privacy Policy

At Elcap Mortgage, Inc., we collect and manage user data according to the following Privacy Policy.

Data Collected

We collect information you provide directly to us. For example, we collect information when you create an account, subscribe, participate in any interactive features of our services, fill out a form, request customer support or otherwise communicate with us. The types of information we may collect include your name, email address, postal address, credit card information and other contact or identifying information you choose to provide. We collect anonymous data from every visitor of the Website to monitor traffic and fix bugs. For example, we collect information like web requests, the data sent in response to such requests, the Internet Protocol address, the browser type, the browser language, and a timestamp for the request.

We also use various technologies to collect information, and this may include sending cookies to your computer. Cookies are small data files stored on your hard drive or in your device memory that helps us to improve our services and your experience, see which areas and features of our services are popular and count visits. We may also collect information using web beacons (also known as “tracking pixels”). Web beacons are electronic images that may be used in our services or emails and to track count visits or understand usage and campaign effectiveness.

Use of the Data

We only use your personal information to provide you the COMPANY services or to communicate with you about the Website or the services.

We employ industry standard techniques to protect against unauthorized access of data about you that we store, including personal information.

We do not share personal information you have provided to us without your consent, unless:
•Doing so is appropriate to carry out your own request
•We believe it’s needed to enforce our legal agreements or that is legally required
•We believe it’s needed to detect, prevent or address fraud, security or technical issues

Sharing of Data

We don’t share your personal information with third parties. Aggregated, anonymized data is periodically transmitted to external services to help us improve the Website and service.

We may allow third parties to provide analytics services. These third parties may use cookies, web beacons and other technologies to collect information about your use of the services and other websites, including your IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information.

We also use social buttons provided by services like Twitter, Google+, LinkedIn and Facebook. Your use of these third-party services is entirely optional. We are not responsible for the privacy policies and/or practices of these third-party services, and you are responsible for reading and understanding those third-party services’ privacy policies.

Opt-Out, Communication Preferences

You may modify your communication preferences and/or opt-out from specific communications at any time. Please specify and adjust your preferences.

Security

We take reasonable steps to protect personally identifiable information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, you should keep in mind that no Internet transmission is ever completely secure or error-free. In particular, email sent to or from the Sites may not be secure.

Changes to the Privacy Policy

We may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make major changes in the way we collect or use information, we will notify you by posting an announcement on the Website or sending you an email.