Terms & Conditions

Terms & Conditions

These Terms & Conditions ("Terms") cover your use of and access to the sites, templates, products, applications, tools, and features (collectively, the "Services") provided by Opus Dei Mortgage Corporation, Inc. (together with its officers, directors, employees, agents, subsidiaries, and affiliates, "Opus Dei Mortgage Corporation").

Our Privacy Policy explains what personal information we collect and how it is used and shared, and our Acceptable Use Policy outlines some of your responsibilities when using the Services. By using or accessing the Services, you are agreeing to these Terms, our Privacy Policy, and our Acceptable Use Policy (collectively, this "Agreement").

Creating an Account

1.1 Signing Up

To use the Services, you must first create an account. You agree to provide us with accurate, complete, and updated information for your account. We may need to use this information to contact you.

1.2 Staying Safe

Please safeguard your account and make sure others do not have access to your account or password. You must immediately notify us of any actual or suspected loss, theft, or unauthorized use of your account or password. You are solely responsible for any activity on your account. We are not liable for any acts or omissions by you in connection with your account.

1.3 Age Requirement

The Services are not intended for and may not be used by children under the age of 13. By using the Services, you represent that you are at least 13 years old. If you are under the age of 18, you must have your parent or guardian's consent to this Agreement.

Your Content

2.1 Your User Content Stays Yours

Users of the Services may provide us with content, including without limitation text, photos, images, audio, video, code, and any other materials ("User Content"). Your User Content remains yours. These Terms do not give us any rights to User Content, except for the limited rights that enable us to provide, improve, promote, and protect the Services as described herein.

2.2 Your License to Us

When you provide User Content via the Services, you grant Opus Dei Mortgage Corporation a non-exclusive, worldwide, perpetual, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of, communicate, publish, publicly display, publicly perform, and distribute User Content for the limited purposes of allowing us to provide, improve, promote, and protect the Services.

2.3 Featuring Your Site

We may use, in perpetuity, worldwide and free of charge, any version of your sites, or any portion thereof, for the limited purpose of Opus Dei Mortgage Corporation marketing and promotional activities. If you do not want your sites featured, you can opt out at any time via the Services or by contacting us.

Your Responsibilities

3.1 Only Use Content You Are Allowed to Use

You represent that you own all rights to your User Content, or otherwise have all rights and permissions to legally use, share, display, transfer, and license your User Content via the Services. Content on the Services may be protected by others' intellectual property rights, so please do not copy, upload, download, or share content unless you have the right to do so.

3.2 Follow Our Rules

You are responsible for your conduct and User Content, and you must comply with our Acceptable Use Policy. We are not responsible for User Content.

3.3 Follow the Law

You represent that your use of the Services is not contrary to law, including without limitation applicable US export controls, regulations, and sanctions.

3.4 Share Responsibly

The Services allow you to share User Content with others, including on social media and the open web. Please think carefully about what you share. We are not responsible for what you share via the Services.

3.5 Your Sites and Your End Users Are Your Responsibility

You are solely responsible for compliance with any laws or regulations related to your sites and your end users, including without limitation the posting of your own privacy policy. We are not liable for, and will not provide you with any legal advice regarding, your sites or your end users.

Third-Party Services, Sites & User Content

4.1 Third-Party Services

The Services are integrated with various third-party services, applications, and sites. These third-party services may have their own terms and policies, and your use of them will be governed by those terms and policies. We do not control third-party services, and we are not liable for them or for any transaction you may enter into with them.

4.2 Third-Party Sites

The Services may contain links to third-party sites. When you access third-party sites, you do so at your own risk. We do not control and are not liable for those sites.

4.3 User Content

We have not reviewed and cannot review all of the User Content made available via the Services. We are not a publisher of, and we are not liable for, any User Content uploaded, posted, published, or otherwise made available via the Services.

Our Intellectual Property

5.1 Opus Dei Mortgage Corporation Owns Its Platform

The Services are protected by copyright, trademark, and other US and foreign laws. These Terms do not grant you any right, title, or interest in the Services, our trademarks, logos, or other brand features or intellectual property, or others' content in the Services.

5.2 We Can Use Your Feedback for Free

We welcome your feedback, ideas, or suggestions, but you agree that we may use your feedback without any restriction or obligation to you, even after this Agreement is terminated.

5.3 Demo Content Is for Private Use Only

We may provide templates or other products featuring demo content to provide you with ideas or inspiration. Demo Content is for private use only unless we tell you otherwise.

5.4 Beta Products

We may release products and features that we are still testing and evaluating. Those Services may not be as reliable as our other services.

5.5 Open Source Software

Some of the software used in the Services may be offered under an open source license. There may be provisions in the open source license that override some of these Terms.

Our Rights

6.1 Important Things We Can Do

We reserve the right, at any time and in our sole discretion, and without liability or notice to you (except where prohibited by law), to: change the Services and their functionality; restrict access to or use of parts or all of the Services; suspend or discontinue parts or all of the Services; terminate, suspend, or restrict your access to or use of the Services; or change our eligibility criteria to use the Services.

6.2 Ownership Disputes

We reserve the right, at any time and in our sole discretion, and without notice to you, to determine rightful account or site ownership and to transfer an account or site to the rightful owner. We may request documentation such as a government-issued photo ID, a credit card invoice, or a business license to help determine the rightful owner.

6.3 HTTPS Encryption

We may offer HTTPS encryption for your sites. By registering a custom domain via the Services, or pointing a custom domain to the Services, you authorize us to create and maintain a certificate for the limited purpose of providing HTTPS.

Privacy & Copyright

7. Privacy

Our Privacy Policy explains how we collect, use, and share your information and your end users' information. By using the Services, you agree to our collection, use, and sharing of information as set forth in the Privacy Policy.

8. Copyright

We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts of repeat infringers without any refunds.

Paid Services & Fees

9.1 Fees

You can access certain portions of the Services by submitting a fee payment. We will tell you about fees for paid services before charging you. If you do not pay for paid services on time, we reserve the right to suspend or cancel your access.

9.2 Taxes

All fees are exclusive of applicable federal, state, local, or other taxes. You are responsible for all applicable taxes, and we will charge taxes in addition to the fees for the Services when required to do so.

9.3 Automatic Subscription Renewals

To ensure uninterrupted service, we will automatically bill you for certain paid services from the date you submit your initial payment and on each renewal period thereafter until cancellation. You can disable auto-renewal at any time by contacting us.

9.4 Refunds

While you may cancel any paid services at any time, you will not be issued a refund except in our sole discretion, or if legally required.

9.5 Fee Changes

We may change our fees at any time. When applicable, we will give you advance notice of these fee changes via the Services. New fees will not apply retroactively.

9.6 Chargebacks

If you contact your bank or credit card company to decline, chargeback, or otherwise reverse the charge of any payable fees to us, we may automatically terminate your account. We encourage you to contact us before filing a chargeback. We reserve our right to dispute any chargeback.

9.7 Our Payment Processor

We use a third-party payment processor to bill you through a payment account linked to your account. Our current payment processor is PayPal, and your payments are processed by PayPal in accordance with PayPal's Terms of Service and Privacy Policy. We do not control and are not liable for the security or performance of the payment processor.

Termination, Disclaimers & Liability

11. Term and Termination

This Agreement will remain in effect until terminated by either you or us. We reserve the right to suspend or terminate the Services at any time at our sole discretion and without notice. All sections of this Agreement that by their nature should survive termination shall survive termination.

12. Warranty Disclaimers

To the fullest extent permitted by law, Opus Dei Mortgage Corporation makes no warranties, either express or implied, about the Services. The Services are provided "as is." Opus Dei Mortgage Corporation also disclaims any warranties of merchantability, fitness for a particular purpose, and non-infringement.

13. Limitation of Liability

To the fullest extent permitted by law, in no event will Opus Dei Mortgage Corporation be liable for any indirect, special, incidental, exemplary, punitive, or consequential damages; any loss of profits, revenue, data, goodwill, or other intangible losses; or any damages related to your access to or inability to access or use the Services. To the fullest extent permitted by law, in no event shall the aggregate liability of Opus Dei Mortgage Corporation exceed the greater of twenty dollars ($20) or the amounts paid by you to Opus Dei Mortgage Corporation in the twelve (12) months immediately preceding the event that gave rise to such claim.

14. Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold harmless Opus Dei Mortgage Corporation from and against all damages, losses, and expenses of any kind arising out of or related to: (a) your breach of this Agreement; (b) your User Content, your sites, and your eCommerce; (c) any claims from your end users; and (d) your violation of any law or regulation or the rights of any third party.

Dispute Resolution

15.1 Informal Resolution

Before filing a claim against Opus Dei Mortgage Corporation, you agree to try to resolve the dispute by first emailing [email protected] with a description of your claim. We will try to resolve the dispute informally within thirty (30) days of receipt of your first email.

15.2 Arbitration Agreement

You and Opus Dei Mortgage Corporation agree to resolve any claims arising from or relating to the Services or this Agreement through final and binding arbitration, and you expressly waive trial by jury, except as set forth below. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit.

15.3 Arbitration Opt-Out

You can decline this agreement to arbitrate by emailing us at [email protected] within thirty (30) days of the date that you first agree to this Agreement. Your email must be sent from the email address you use for your account and must include your full name, residential address, and a clear statement that you want to opt out of arbitration.

15.5 Arbitration Procedures

JAMS, Inc. will administer the arbitration in accordance with the JAMS Streamlined Arbitration Rules & Procedures in effect at the time of the dispute. Any arbitration hearings will take place in New York, New York, in English, and shall be settled by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.

15.7 Exceptions to Arbitration

Either party may assert claims in small claims court in San Jose, California, or any United States county where you live or work. Either party may also bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement, without first engaging in arbitration.

15.9 No Class Actions

Additional Terms

16.1 Entire Agreement

This Agreement constitutes the entire agreement between you and Opus Dei Mortgage Corporation regarding the subject matter of this Agreement, and supersedes and replaces any other prior or contemporaneous agreements or terms and conditions applicable to the subject matter of this Agreement.

16.2 Controlling Law

This Agreement and the Services shall be governed in all respects by the laws of the State of New York, without regard to its conflict of law provisions.

16.3 Waiver, Severability, and Assignment

Our failure to enforce any provision of this Agreement is not a waiver of our right to do so later. You may not assign any of your rights under this Agreement. We may assign our rights under this Agreement to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

16.4 Modifications

We may modify this Agreement from time to time and will always post the most current version on our site. If a modification meaningfully reduces your rights, we will notify you in advance. Modifications will never apply retroactively.

16.5 Translation

This Agreement was originally written in English (US). In the event of a conflict between a translated version and the English version, the English version will control.

SMS Terms & Conditions

• SMS Consent Communication: Phone numbers obtained as part of the SMS consent process will not be shared with third parties for marketing purposes.
• Types of SMS Communications: If you have consented to receive text messages, you may receive messages related to responding to inquiries, providing support on the mortgage application, updating your loan status, and following up regarding required documents.
• Message Frequency: Message frequency may vary. You may receive up to 5 weekly SMS messages related to your loan transaction.
• Potential Fees: Standard message and data rates may apply depending on your carrier's pricing plan. Fees may vary for domestic versus international messages.
• Opt-In Method: You may opt in to receive SMS messages by submitting an online form.
• Opt-Out Method: Reply STOP to any SMS message at any time to opt out.
• Help: Reply HELP to any message, or contact us at (858) 289-0000.