Terms of Use

1. Acceptance

By accessing or using our services in any way — including by submitting our application form, communicating with our loan officers via email, SMS, or telephone, or browsing our public marketing pages — you agree to these Terms and to our Privacy Policy. If you do not agree, do not use our services.

2. Eligibility

You may use our services only if:

• You are at least 18 years of age
• You are a U.S. resident or otherwise legally authorized to obtain a U.S. mortgage
• You are seeking mortgage financing for property located in one of the 21 U.S. states where Mbanc holds a mortgage-lender license
• You provide accurate, complete, and current information
• You have the legal authority to make financial commitments on your own behalf or on behalf of any entity you represent

3. The application process

Our services are designed to facilitate mortgage origination. By submitting information through our application form or otherwise providing information to us, you understand and agree that:

• Submission is not approval. Submitting an application does not constitute approval of any loan or financial commitment by Mbanc.
• Underwriting determines outcome. All applications are subject to Mbanc's underwriting standards, applicable state and federal lending law, property and borrower verification, and other conditions of credit approval.
• State licensure is enforced. Mbanc only originates mortgages on property located in the states where we hold the appropriate license. Submissions for property in non-licensed states will be declined regardless of borrower qualifications.
• Information accuracy is your responsibility. You represent that information you provide is true, accurate, and complete to the best of your knowledge. Material misrepresentations may constitute fraud and may be reported to law enforcement.

4. Communications and consent

By submitting our application form, you affirmatively consent to:

• Receiving email communications from Mbanc and our loan officers regarding your application and Mbanc mortgage products and services
• Mbanc capturing, hashing, and retaining the disclosure text you agreed to, the timestamp of your agreement, and your IP address — as a TCPA-defensible audit trail per 47 CFR 64.1200

You may additionally and separately consent to:

• Receiving SMS/text messages from Mbanc, including via automated systems
• Receiving telephone calls or ringless voicemail messages from Mbanc, including via automated/prerecorded systems

SMS and telephone consent are separate, optional checkboxes. You can revoke any consent at any time by replying STOP to text messages, clicking unsubscribe in any email, or asking to be removed during a call. Standard message and data rates may apply.

5. Acceptable use

You agree NOT to:

• Use our services for any unlawful, fraudulent, or deceptive purpose
• Submit false or misleading information about your identity, income, employment, or property
• Submit applications on behalf of others without their authorization
• Reverse-engineer, decompile, scrape, or attempt to derive source code from any part of our services
• Interfere with the security, integrity, or availability of our services (DDoS, brute-force, credential stuffing, etc.)
• Use our services to harass, abuse, or impersonate another person
• Attempt to access information you are not authorized to access
• Send unsolicited mail or other communications through our services
• Use bots, scripts, or other automated means to interact with our services without our prior written consent

6. Intellectual property

All content on our services, including text, graphics, logos, code, the "Mbanc" word mark, and the visual design of our application form and dashboard, is the property of Mbanc or its licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws. You may view and use our services solely for the purpose of evaluating and applying for our mortgage products. No other use is permitted without our prior written consent.

7. Disclaimers

Our services are provided "as is" and "as available" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that our services will be uninterrupted, error-free, or secure, or that defects will be corrected.

8. Limitation of liability

To the fullest extent permitted by law, Mbanc and its officers, employees, loan officers, agents, and service providers shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including lost profits, lost data, or business interruption — arising out of or related to your use of our services, even if we have been advised of the possibility of such damages. Our total aggregate liability for any claim arising out of or related to these Terms or our services shall not exceed one hundred U.S. dollars ($100) or the amount you have paid us in the 12 months preceding the claim, whichever is greater.

Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, our liability is limited to the smallest amount permitted by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless Mbanc and its officers, employees, loan officers, agents, and service providers from any claims, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to: (a) your violation of these Terms; (b) your violation of any law or third-party right; (c) any content or information you submit through our services; or (d) your use of our services for any purpose other than as expressly permitted.

10. Governing law and jurisdiction

These Terms are governed by the laws of the State of Florida (where Mbanc maintains its principal place of business) and applicable U.S. federal law, without regard to conflict-of-laws principles. Any dispute arising out of or related to these Terms or our services that is not subject to the arbitration provision below shall be brought exclusively in the state or federal courts located in Palm Beach County, Florida.

11. Dispute resolution and arbitration

Except for claims that may be brought in small-claims court, any dispute arising out of or related to these Terms or our services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be conducted in Palm Beach County, Florida, in English, before a single arbitrator. The arbitrator's decision is final and may be entered as a judgment in any court of competent jurisdiction.

Class-action waiver: You and Mbanc agree that any arbitration shall be conducted in your individual capacity, and not as a plaintiff or class member in any purported class action or representative proceeding. The arbitrator may not consolidate more than one party's claims.

You may opt out of this arbitration provision by sending a written notice to legal@mbanc.com within 30 days of first agreeing to these Terms. Your opt-out notice must include your name, address, and a clear statement that you wish to opt out of arbitration.

12. Termination

We may suspend or terminate your access to our services at any time for any reason, with or without notice, including if we believe you have violated these Terms. You may stop using our services at any time. Sections 6 through 13 of these Terms survive termination.

13. Changes to these Terms

We may update these Terms from time to time. The "Last updated" date at the top of this page will reflect when changes took effect. We will notify you of material changes by email if we have your address on file. Your continued use of our services after the effective date of any change constitutes your acceptance of the updated Terms.

14. Miscellaneous

• Severability: if any provision of these Terms is held unenforceable, the remaining provisions remain in full force.
• No waiver: our failure to enforce any provision is not a waiver of our right to enforce it later.
• Assignment: you may not assign these Terms without our consent. We may assign these Terms to a successor in connection with a merger, acquisition, or sale of business assets.
• Entire agreement: these Terms (together with the Privacy Policy) constitute the entire agreement between you and Mbanc regarding our services.
• Headings: are for convenience only and do not affect interpretation.

15. Contact

For questions about these Terms:

Mortgage Bank of California Inc. dba Mbanc
Attn: Legal
101 Plaza Real South, Suite 203
Boca Raton, FL 33432
legal@mbanc.com
844-918-1886

NMLS #38232 · Equal Housing Opportunity Lender · MLO of record on cold-outbound campaigns: Mayer Dallal NMLS #42394