Please read these SMS/Text Messaging Terms and Conditions carefully. These terms and conditions govern the use of SMS/text messaging services (“Services”) provided by eMortgage Funding LLC (“eMortgage”). To subscribe to the Services, you must opt-in by providing your mobile telephone number. By subscribing to the Services, you agree to be bound by these terms and conditions and expressly consent to receive non-marketing and marketing SMS/text messages (“text messages”) from eMortgage, including text messages made with an autodialer, at the mobile telephone number(s) you provide.
You may opt-out of the Services at any time by replying STOP to any text message from eMortgage. You may then receive a final text message from eMortgage confirming your opt-out of the Services. You can receive help at any time by replying HELP to any text message from eMortgage. Consent to receive text messages is not required to purchase any products or services from eMortgage.
Messaging and data rates may apply to each text message sent or received in connection with the Services, as provided in your mobile telephone service rate plan. eMortgage does not impose a separate fee for sending eMortgage text messages. eMortgage is not responsible for any charges you may incur by subscribing to the Services.
The number of eMortgage text messages that you receive may vary depending on your communication with eMortgage.
The Services should be available through your equipment or mobile device when the equipment or device is within the operating range of your wireless service provider. The Services may not be available on all equipment/mobile devices, or through all wireless carriers, and not all functionalities of the Services are available on all equipment/mobile devices, or through all wireless carriers. eMortgage may, from time to time, in its discretion and without notice to you, limit the carriers that support the Services. Certain other carriers may not support the Services.
The Services are subject to transmission limitation or interruption. You understand and acknowledge that mobile network services are outside of eMortgage’s control.
You represent that you are the account holder for the mobile telephone number(s) that you provide and that you will not initiate text messages to the mobile telephone of any other person or entity. You agree to notify eMortgage immediately if you change, or cease being the regular user of, your mobile telephone number. You may notify eMortgage of a telephone number change by contacting 844-253- 3673 or help@emtg.com. You agree to indemnify eMortgage in full for all claims, expenses, damages, and costs, including reasonable attorneys’ fees, related to or caused in whole or in part by your failure to notify eMortgage if you change your mobile telephone number, including, but not limited to, all claims, expenses, damages, and costs related to or arising under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq.
To receive eMortgage text messages or subscribe to the Services, you must be a resident of the United States and 18 years of age or older. eMortgage reserves the right to require you to prove that you are at least 18 years of age.
eMortgage may revise, modify, or amend these SMS/Text Messaging Terms and Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to eMortgage’s website. You agree to review these SMS/Text Messaging Terms and Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive eMortgage text messages will indicate your acceptance of those changes.
eMortgage may suspend or terminate your receipt of eMortgage text messages if we believe you are in breach of these SMS/Text Messaging Terms and Conditions. Your receipt of eMortgage text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. eMortgage reserves the right to modify or discontinue, temporarily or permanently, all or any part of eMortgage text messages and the Services, for any reason, with or without notice to you.
To the fullest extent permissible pursuant to applicable law, eMortgage is not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees.
Except as otherwise provided herein, your use of the Services under the SMS/Text Messaging Terms and Conditions is governed by the laws of the State of Michigan.
If any provision of these SMS/Text Messaging Terms and Conditions is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.
