TERMS OF USE
Effective Date: January 1, 2024
TERMS OF USE
Your access to and use of the ZYNG Mortgage / Josh Borba (“Company”) website and the information, documents, tools, and/or other material made available through this website (“Services”), are subject to the Terms and Conditions of use set forth herein (this “Agreement”) together with any applicable addenda attached herewith. By accessing, browsing, interacting with, or otherwise using the Company website (individually, collectively, and interchangeably referred to as our “Websites” or “Website”) through any means, or by making use of any mobile or web applications accessible or downloadable through the Websites and/or through any third-party mobile or web application marketplace (the “Applications”, “App”, or “Apps”), or by using the goods, facilities or services offered in or through the Websites through any method (including, without limitation, by telephone, mail, text, email or facsimile), you accept and agree to be bound by this Agreement. For purposes of this Agreement, (i) the terms “Website” and “Websites” include the Apps; and, (ii) “you” or “your” means the person accessing the Website, and includes any persons that allow others to provide information about themselves to Company.
YOUR USE OF THIS WEBSITE AND YOUR TRANSACTIONS CONDUCTED WITH THE COMPANY IN CONNECTION WITH THIS WEBSITE ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS, ALSO REFERRED TO AS “TERMS OF USE”. CLICKING ONTO PAGES BEYOND THE WEBSITE ‘S HOMEPAGE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT WITH THE TERMS OF USE WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH THE COMPANY AND WHETHER OR NOT YOU COMPLETE YOUR TRANSACTION ON THE WEBSITE OR THROUGH OTHER CHANNELS, SUCH AS BY PHONE, BY Email, FACSIMILE OR OTHERWISE. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU MAY NOT USE THIS WEBSITE.
Website Ownership
This website is owned and operated by Josh Borba and ZYNG Mortgage, 215 Maple St, Auburn, CA 95603, which is referred to below as “ZYNG Mortgage” or “we” or “us” or “Company” or “our.”
Permitted Use
You agree that:
1. your use of this website is subject to and governed by these Terms of Use,
2. you will only access or use this website and transact business with us if you are at least 18 years old,
3. you will comply with and be bound by these Terms of Use as they appear on this website each time you access and use this website,
4. each use of this website by you indicates and confirms your assent to and agreement to be bound by these Terms of Use, and
5. these Terms of Use are a legally binding agreement between you and ZYNG Mortgage that will be enforceable against you.
You agree that you will not use or attempt to use this website for any purpose other than conducting mortgage related business with
ZYNG Mortgage as a bona fide client of ZYNG Mortgage; you may not use or attempt to use this website or any part of this website for any purpose:1. that interferes with or induces a breach of the contractual relationships between ZYNG Mortgage and its employees,
2. that is any way unlawful or prohibited, or that is harmful or destructive to anyone or their property,
3. that transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited Email, unsolicited commercial communications,
4. that transmits any harmful or disabling computer codes or viruses,
5. that harvests Email addresses from this website,
6. that transmits unsolicited Email to this website,
7. that interferes with our network services
8. that attempts to gain unauthorized access to our network services,
9. that suggests an express or implied affiliation with ZYNG Mortgage(without the express written permission of ZYNG Mortgage),
10. that impairs or limits our ability to operate this website or any other person’s ability to access and use this website, and/or
11. that unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;
12. that harms minors in any way, including, but not limited to, transmitting or uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
13. that transmits or uploads pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;
14. that harms, threatens, harasses, abuses or intimidates another person in any way or involves images or content that depicts, promotes, encourages, indicates, advocates or tends to incite the commission of a crime or other unlawful activities;
15. that dilutes or depreciates the name and reputation of ZYNG Mortgage or any of its affiliates;
16. that transmits or uploads any content or images that infringes any third party’s intellectual property rights or infringes any third party’s right of privacy; or
17. that unlawfully transmits or uploads any confidential, proprietary or trade secret information.
Access To This Website
ZYNG Mortgage reserves the right at all times, in its sole discretion and without notice to you, to deny your access to and use of this website.
Use Of This Website
You agree and acknowledge that you have the sole responsibility and liability for your use of this website and for providing or obtaining, and for maintaining, all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary or desirable for you to access and use this website.
Intellectual Property Rights
The following marks appearing on this website, including, but not limited to:
ZYNG Mortgage; and the respective logos, emblems, slogans and designs are trademarks and/or service marks of ZYNG Mortgage.All other marks used on this website are the property of their respective owners. Website Content: You acknowledge and agree that:
all content, pages, source code, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, “look and feel”, and the operation of this website (collectively “Website Content”) are protected by various intellectual property laws, including, but not limited to, copyrights, patents, trade secrets, trademarks, and service marks; and all rights associated with the website Content are owned by ZYNG Mortgage, its licensors, or content providers.
Furthermore, you acknowledge and agree that you do not acquire any ownership rights by downloading or viewing any Website Content. You further acknowledge and agree that you will not in any way copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, transmit, modify, adapt, reverse engineer, frame in any page, or alter the appearance of any Website Content.
You may not use Website Content, domain names (in whole or in part), or Email addresses related to or derived from this website, nor any data, trademarks, functionality, service marks, trade names, brand names and/or logos contained within or derived from this website, for any purpose; meaning that you may not, among other prohibited uses, use any Website Content, domain names, Email addresses, data, trademarks, service marks, trade names, brand names and/or logos on or derived from this website:
- in or as any meta-tag or hidden text;
- in or as part of any contextual marketing directory, index, or triggering term;
- as content or advertising related to any other website including, but not limited to, comparative/informational websites; and/or
- as a variable or data element in any algorithm that causes another Internet browser to appear on, over, or at the same time as the Company’s website or controls the content of any other website.
Submissions: You acknowledge and agree that all submissions to ZYNG Mortgage containing any comments, improvements, suggestions, and ideas regarding this website will become and remain our exclusive property, including any future rights associated with such submissions, even if the provisions of these Terms of Use are later modified or terminated. This means that you forever disclaim any proprietary rights in such submissions, and you acknowledge ZYNG Mortgage’s unrestricted right to use, publish, and commercially exploit, identical, similar, or derivative ideas originating from your submission, in any medium, now and in the future, without notice, compensation or other obligation to you or any other person.
Testimonials: You acknowledge and agree that all testimonials submitted to ZYNG Mortgage will become and remain our exclusive property, even if the provisions of these Terms of Use are later modified or terminated. This means that you irrevocably grant to ZYNG Mortgage the unrestricted right (now and in the future, without notice, compensation or other obligation to you or any other person) to use your statement, image, likeness, as they may be used, in any medium, in connection with an advertisement or for any other publicity purpose. You further agree that ZYNG Mortgage may use any percentage of your testimonial, image, likeness and/or works, in any way that it sees fit, and may exclude your name or use a fictions name herewith.
Linking
Not Responsible For Links to Other websites: For your convenience, this website may provide links to other websites on the World Wide Web. Unless expressly stated otherwise on this website, ZYNG Mortgage does not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, services, calculations, information, products or materials available at or through any websites to which this website may provide a link. By using this website you acknowledge and agree that ZYNG Mortgage will not be responsible or liable to you or any other person for any damages or claims that might result from your use of such content, services, calculation, information, products or materials.
No Advertising / No Links. ZYNG Mortgage does not permit third-party advertising on this website. Except with the written permission of
Zyng Mortgage, you agree that you will not create links from any website or Web page to this website or any Web page within this website.
Revisions and Modifications
You agree and acknowledge that we may revise or change these Terms of Use at any time, without notice to you, and you agree that you will be bound by the provisions of these Terms of Use as they appear on this website at the time you access this website. Because these Terms of Use may change, we encourage you to refer back often to these Terms of Use. In addition, you agree and acknowledge that all other content, services, products and materials on or available through this website are subject to updating and revision without notice to you. You further acknowledge and agree that individual modifications to the Terms of Use may not be altered by contract, unless expressly permitted in writing by the President of
ZYNG Mortgage.
Location
You understand and acknowledge that ZYNG Mortgage controls and operates this website from within the United States of America. This website provides information regarding services and products that are made available in the United States only. We make no representation that the services or products about which information may be provided on this website will be available (a) anywhere outside of the United States or (b) in every state within the United States. You acknowledge and agree that you are responsible for compliance with all federal, state and local laws applicable to your access to and use of this website.
User IDs And Passwords
Certain areas or features of this website may be restricted to users who have obtained a user identification and password by completing a registration process described on this website. Please be sure to protect and maintain the confidentiality of any user identification, password or other identifying information you may obtain in connection with your use of this website. You agree to notify ZYNG Mortgage
immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this website by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this website that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.
Privacy and Security
For information on how ZYNG Mortgage uses and protects the personal information that you may provide through this website, please visit: https://zyng.com/privacy-policy.
Indemnification
If you make any unauthorized use of this website or violate the Terms of Use: (a) you may be in violation of copyright and other laws of the United States, as well as applicable state laws, and may be subject to penalties, and (b) you may be responsible for damages caused to the Company. You agree to indemnify ZYNG Mortgage and its affiliates, vendors and licensors, and all of the employees, officers, directors, agents and representatives of ZYNG Mortgage and its affiliates, vendors and licensors, against, and to hold all of them harmless from, all costs, claims, damages, expenses or other losses, including attorney’s fees and court costs, that arise from or are related to your use of this website and/or your breach/violation of or failure to comply with the Terms of Use.
Disclaimers
THE WEBSITE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ZYNG MORTGAGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ZYNG MORTGAGE MAKES NO REPRESENTATION OR WARRANTY REGARDING THE WEBSITE CONTENT OR ITS USE THEREOF. THE WEBSITE CONTENT ON OR AVAILABLE THROUGH THIS APPLICATION COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND COULD BECOME INACCURATE BECAUSE OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES OF PREPARATION OR PUBLICATION. ZYNG MORTGAGE HAS NO OBLIGATION TO MAINTAIN THE CURRENCY OR ACCURACY OF ANY WEBSITE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE.
YOU ACKNOWLEDGE AND AGREE THAT ZYNG MORTGAGE IS NOT, AND SHALL NOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS WEBSITE OR ITS OPERATION. AS TO THE OPERATION OF THIS WEBSITE, ZYNG MORTGAGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ZYNG MORTGAGE MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE OPERATION OF THIS WEBSITE WILL MEET YOUR OR ANY OTHER USER’S REQUIREMENTS; (B) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) ANY DEFECTS IN THIS WEBSITE WILL BE CORRECTED. YOU AGREE THAT YOU, AND NOT
Zyng Mortgage, WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS WEBSITE.
Limitation of Liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL ZYNG MORTGAGE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES OR INJURY CAUSED BY ERROR, INACCURACY, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, TELECOMMUNICATIONS FAILURE OR COMPUTER VIRUS OR OTHER PROBLEM, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE WEBSITE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE, WHETHER IN AN ACTION ALLEGING BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY WEBSITE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE. YOU AGREE THAT ZYNG MORTGAGE SHALL NOT BE LIABLE EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL ZYNG MORTGAGES’S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN ACCESSING OR USING THIS WEBSITE OF WEBSITE CONTENT THEREON.
Communications With Company
Email: For information regarding our Email policy, please visit: https://mlsreversemortgage.com/email-policy
Time Sensitive Instructions: When communicating with us through this website, chat or via Email, do not use the website, chat or Email to communicate any time-sensitive instructions that are in any way related to or affect your loan, loan application or closing (such as interest rates locks, cancellation of a closing, rescissions, or the like). Such instructions may not be honored. All transactions conducted on this website, chat or via Email, must be confirmed in writing by us to be accepted by and binding upon us.
Credit Reports: By applying for credit, you are authorizing ZYNG Mortgage to obtain a copy of your credit report. As a result, a “hard” inquiry may appear on your credit report. A hard inquiry may negatively affect your credit score.
E-Signature: General communications through this website, chat or via Email are not intended by us to constitute either an electronic record or an electronic signature, or to constitute any agreement by the sender to conduct a transaction by electronic means, unless a specific statement to the contrary is included in the message and specific e-signature procedures are employed. However, your assent to a “click to accept” button or box is binding upon you.
Recording & Monitoring of Communications: Your communications with us via the website, chat, Email, and telephone may be recorded or monitored and by using such communications methods you are consenting to the recording or monitoring of the same.
Contact Methods and Opt-Out
Agreement to calls and information sharing: If you submit to ZYNG Mortgage through this website or otherwise you are making an inquiry as to lending programs and services available through and brokered by ZYNG Mortgage. You understand and agree that if you submit an inquiry, we may share the information that you provide, including, but not limited to, your full name, birth date, address, telephone number, and social security number with our affiliates so that they may respond to your inquiry. You authorize ZYNG Mortgage to share your information, either as provided by you or as corrected by us. You acknowledge that ZYNG Mortgage is not a party to any agreement that you may make with an affiliate, and that the affiliate is solely responsible for its services to you. You understand that requirements for a particular product or service, including a mortgage, are determined by the affiliates and that ZYNG Mortgage does not endorse, warrant, or guarantee the products or services of any of its affiliates. Nothing in these Terms of Use or on this website constitutes an offer for a loan commitment or interest rate lock agreement. You agree that ZYNG Mortgage shall not be liable for any damages or costs which arise from your use of the affiliates’ goods or services.
By submitting your contact request, you are consenting to be contacted by telephone (on a recorded line), automated calling, pre-recorded calling, text message, email, fax, telephone or any means, even if you have opted in to the National Do Not Call List, any state equivalent Do Not Call List or the internal Do Not Call List of any company. You understand that the 3rd party Partners may maintain the information you submitted to us even if you decide not to use their services. In the event you no longer want to receive communications from a 3rd party Partner, you agree to notify the 3rd party Partner directly. You can opt-out of various contact methods from ZYNG Mortgage here: https://zyng.com/opt-out/
Application of Additional Terms
You acknowledge that certain features of this website, as well other products and services of ZYNG Mortgage, including those that may be available through this website, may be subject to terms, conditions and disclaimers in addition to these Terms of Use, and you agree that your use of such products and services will be subject to such additional terms, conditions and disclaimers.
ZYNG Mortgage partners with companies such as Go High Level and Arive to allow you to apply and upload documents. You understand and agree that if you participate, we may share the information that you provide, including, but not limited to, your full name, birth date, address, telephone number, and social security number with our partners so that they may provide these service.
Agreement To Provide Accurate Information
In making a loan inquiry, application or in entering into any other transaction or request for information on this website, you agree to provide accurate, true, current, and complete information upon which ZYNG Mortgage may rely.
Your Cooperation Needed
ZYNG Mortgage generally begins processing your application (which may include ordering an appraisal, credit report, title commitment and other necessary items) upon the submission of a full and complete application. If you submit an application, you agree to cooperate in the application process (including submitting all required documentation in a timely manner) and if needed, to obtain information
ZYNG Mortgage may need from third parties such as your bank, employer, current mortgage company, etc. In addition, you agree to notify
ZYNG Mortgage of any changes in any information submitted in connection with your application.
Reasonable Efforts
While ZYNG Mortgage is a mortgage broker and will use all of its reasonable efforts to have your application fully processed and closed on or before any applicable rate lock expiration date (if any) and/or anticipated closing date, some process are not under our control. For instance, ZYNG Mortgage cannot be responsible for delays in loan approval or closing due to: the untimely receipt of an acceptable appraisal; the untimely receipt of required documentation; your existing home not selling; matters disclosed by a title commitment or survey; any other matters beyond ZYNG Mortgage’s reasonable control.
Deposit/Refund Policy
When you submit a loan application, ZYNG Mortgage will begin to process your application and, as a result, will advance on your behalf costs for certain third party expenses. If you do not fully cooperate in or complete the application process (including submitting all required documentation in a timely manner), choose to withdraw your application, or choose not to close the transaction for any reason, you may be required to pay for some or all of ZYNG Mortgage third party costs. Please review your deposit agreement for details specific to your loan application.
Governing Law
You agree that these Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You understand and agree to resolve through final and binding arbitration the following claims, disputes, or controversies arising between you and ZYNG Mortgage: all claims, disputes, or controversies arising from the Telephone Consumer Protection Act of 1991 (“TCPA”), or state law claims similar to the TCPA. You will arbitrate TCPA claims between you and ZYNG Mortgage at a location the arbitrator will determine in compliance with ZYNG Mortgage’s Governing Law provision. The arbitrator, not the court, will resolve the issue of arbitrability. Any state or federal court having jurisdiction thereof may enter judgment of any award the arbitrator renders. This arbitration contract is made under a transaction in interstate commerce, and the Federal Arbitration Act (“FAA”) will govern its interpretation, application, enforcement, and proceedings. As the Governing Law provision indicates, the laws of the State of
California govern the enforceability of this arbitration provision as a contract, but not the scope of this provision. Neither you nor ZYNG Mortgage are entitled to join or consolidate claims in arbitration by or against other consumers or to arbitrate any claim as a representative or member of a class or in a private attorney general capacity. The parties voluntarily and knowingly waive any right they have to a jury trial for TCPA-related matters which, based on the above, will be arbitrated. You agree that any other action(s) at law or in equity arising out of or relating to these Terms of Use or the use of this website shall be filed only in the state or federal courts located in Placer County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating.
Severability
You agree that if any provision of these Terms of Use shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of such other provisions.
Copyright Infringement
ZYNG Mortgage is committed to protecting copyrights and expects you to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on the ZYNG Mortgage infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe that any material on this website infringes a copyright, or any valid intellectual property right, please provide the following information to ZYNG Mortgage’s DMCA Agent.
A physical or electronic signature that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on this website are intended to be covered by a single notification, a complete list of such works and details or descriptions as to their locations within the website;
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, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party 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 owner, its agent, or the law; and
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.
Please provide this information to ZYNG Mortgage’s DMCA Agent, who can be reached as follows:
By Mail:
ZYNG Mortgage
Attn: Legal Team
215 Maple St
Auburn, CA 95603
