Terms of Use

Terms of Use

Updated 04/06/2018

Your use of this website and any transactions conducted with Residential Wholesale Mortgage, Inc. dba Pacific Capital Mortgage (RWM) in connection with this website are subject to the following terms and conditions. Any access to and use of this site and any information, tools, and materials found on this site is subject to these terms of use. Accessing, linking, referencing, browsing, interacting with, or otherwise using this site constitutes an agreement to the terms of use, as is the use of any goods, facilities, or services provided through the site. If you do not agree to the terms of service, you are not authorized to use this site.

Website Ownership

This website (rwmloans.com) is owned and operated by Residential Wholesale Mortgage Inc. dba Pacific Capital Mortgage (RWM), 11234 El Camino Real Suite 100, San Diego, CA 92130.

Access to this Website

RWM reserves the right to deny your access to and use of this website at its sole discretion without notice to you for any reason.

Permitted and Restricted Use

You may only use the site for purposes expressly permitted in this agreement. You agree that you will not use or attempt to use the site for any purpose other than conducting mortgage banking related business with us as a bona fide client, prospective client, business partner, or real estate agent.

By using, interacting with, or accessing this website, you agree that:

  • Your use of this website is subject to the Terms of Use.

  • You are 18 years of age or older.

  • You reside within the United States and the District of Columbia and are seeking to do business where RWM is licensed to provide mortgage services.

  • You will use this site solely for its services offered in a normal course of business.

  • You will always act in accordance with the law, custom, and in good faith.

  • You will comply with the Terms of Use as they appear on the site on each and every visit.

  • Use of the website indicates and confirms your agreement to be bound to these Terms of Use.

  • These Terms of Use are a legally binding agreement between you and RWM that will be enforceable against you.

You agree not to use the site for any purpose that:

  • Breaks federal, state, and/or local law.

  • Interferes with or breaches contractual relationships between RWM and its employees

  • Uses the site in any unlawful, harmful, or destructive way.

  • Transmits ads, solicitations, schemes, spam, flooding, or unsolicited emails.

  • Transmits unsolicited emails to this site or anyone whose email address includes this domain.

  • Transmits harmful or disabling computer codes or viruses.

  • Harvests email addresses from this site.

  • Suggests express or implied affiliation or relationship with RWM without written permission from the company.

  • Impairs or limit anyone’s ability to access, use, or operate the website.

  • Use any methods, means, or devices to click on the site to cause a visit for search engine manipulation purposes.

  • Unlawfully impersonates or misrepresents your relationship with a person or entity.

  • Harms minors in any way including but not limited to transmitting or uploading content that violates child pornography laws, child exploitation laws, and laws prohibiting the depiction of minors engaged in sexual conduct

  • Transmits or uploads pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images.

  • Harms, threatens, harasses, abuses, intimidates another persona in any way or involving images or content that depicts, promotes, encourages, indicates, advocates, or tends to incite the commission of crime or other unlawful activities.

  • Dilutes, devalues, defames, depreciates our name or reputation.

  • Transmits or uploads content or images that infringe on copyright law.

  • Unlawfully transmits or uploads any confidential, proprietary, or trade secret information.

  • Interferes with our network services.

  • Attempts to gain unauthorized access to network services.

Username and Password Registration

You may be required to register an account to access certain features of this website. In doing so, you agree to provide correct, current, and complete information to the best of your ability. If you choose, or are provided with, a username, password, or any other piece of identifying information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this site or portions of it using your username, password or other identifying information. You agree to notify RWM immediately if you believe your username, password, or other identifying information has been lost, stolen or otherwise compromised. You also agree to ensure that you fully exit your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

You 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 username, 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 username, password or other identifying information has been lost, stolen or otherwise compromised.

Intellectual Property

All content, images, logos, intellectual property, and any other material (including but not limited to all text, graphics, images, video, audio, data compilations, software, and the design, selection, and arrangement thereof) found on rwmloans.com is owned by RWM, its affiliates, partners, licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

All content, graphics, web pages, source code, calculations, products, materials, data, information, text, screens, photos, music and sound, functionality, services, design, layout, screen interfaces, “look and feel”, design, functionality, and operation of this site is the proprietary information of RWM, its affiliates, partners, licensors, or other providers of such material and is protected by intellectual property laws, including but not limited to copyrights, patents, trade secrets, trademarks, and service marks. All rights associated with the content are owned by RWM, its affiliates, partners, licensors, or other providers of such material. RWM prohibits copying, redistributing, retransmitting, publicize, and commercial or non-commercial exploitation of content found on this site without express, authorized written permission from RWM or other copyright owner or as permitted by copyright law.

You are permitted to view or download material on this website for informational or internal business use only. The availability of any content through this site does not constitute transfer of copyright, license, or ownership rights to you. You do not acquire any license or ownership rights by downloading or viewing content or by any other means. You will not copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, transmit, modify, adapt, reverse engineer, frame in any web page, or alter the appearance of any content on this site.

Any and all submissions containing comments, improvements, suggestions, or ideas regarding this site will become and remain our exclusive property, including any rights or future associated rights with the submission, even if the provisions of this agreement are later modified or terminated. This means that you forever disclaim proprietary rights or any other rights or claims in such submissions. You acknowledge and agree that we have the unrestricted, unencumbered 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. Notwithstanding the foregoing, you remain solely responsible for the content of your submissions, and you acknowledge and agree that neither RWM nor any third party affiliate of RWM will assume any liability related to any action or inaction by RWM or such third party with respect to your submissions.

All testimonials submitted to RWM will become and remain our exclusive property, including any rights or future associated rights with the testimonial, even if the provisions of this agreement are later modified or terminated. This means that now and in the future, you irrevocably grant us the unrestricted right (without notice, compensation, or any obligation to you or any other person) to use your statement, likeness, and/or image as they may be used in any medium in connection with an advertisement or for any other publicity purpose. You further agree that we may use any percentage or part of your testimonial, image, likeness and/or works, in any way that we see fit, and may exclude your name or use a fictional name or other identifier at our sole discretion.

Application of Additional Terms

You acknowledge that certain features of this website, as well other products and services of RWM, 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.

Third-Party Links

This website contains links to third party sites. RWM provides these links solely for your convenience and reference and does not endorse, sponsor, approve, or control any such website’s contents or its sponsoring organization. Upon going from rwmloans.com to another website, please note that RWM is not responsible for the accuracy or content of the information provided by that website, nor are we liable for any direct or indirect technical or system issues arising out of your access to or use of third party technologies or programs available through that website.

We do not permit third-party advertising on the site without express written permission from RWM. You will not create links from any website or web page to the site or any web page therein without our prior written permission.

Disclaimer of Warranty

ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ON THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. RWM DOES NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THIS CONTENT AND INFORMATION AND EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, AND FREEDOM FROM COMPUTER VIRUSES. WITHOUT LIMITATION, RESIDENTIAL WHOLESALE MORTGAGE INC. MAKES NO WARRANTY OR GUARANTEE THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE IN CONJUNCTION WITH ANY CONTENT OR INFORMATION FOUND ON THIS SITE.

YOU UNDERSTAND AND AGREE THAT RESIDENTIAL WHOLESALE MORTGAGE, INC., ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THEIR SERVICES OR THE SITE WILL BE UNINTERRUPTED OR ERROR FREE AND THEY CANNOT MAKE ANY WARRANTY ON THE RESULTS OF THE USE OF THE SITE, OR TO THE SEQUENCE, TIMELINESS, RELIABILITY, ACCURACY, COMPLETENESS, OR CONTENT OF ANY INFORMATION, MERCHANDISE, OR SERVICE PROVIDED THROUGH THE SITE. RWM DOES NOT ENDORSE PRODUCTS OR SERVICES APPEARING ON LINKED SITES OR PURCHASED VIA LINKED SITES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES. IF YOU ARE A PART OF THESE JURISDICTIONS, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

YOU AGREE THAT YOUR ACCESS TO AND USE OF WEBSITES OWNED BY RESIDENTIAL WHOLESALE MORTGAGE, INC. AND THE CONTENT THEREOF IS AT YOUR RISK. IN NO EVENT WILL RESIDENTIAL WHOLESALE MORTGAGE, INC. BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY USE OF THIS WEBSITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF RESIDENTIAL WHOLESALE MORTGAGE, INC. IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT LAW, OR ANY OTHER LEGAL THEORIES.

Modification of the Terms of Use

You acknowledge and agree that RWM may revise, update or otherwise change these Terms of Use at any time without notice to you, at our sole discretion, and 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 acknowledge and agree that all other content, services, products and materials on or available through this website are subject to updating and revision without notice to you. Your continued use of this website will be deemed acceptance of the most current Terms of Use.

Indemnification

You agree to defend, indemnify and hold harmless RWM, its affiliates, vendors and all directors, officers, its employees and agents, and its affiliates and vendors from and against any claim, demand, damages, liabilities, suit, expenses, costs or proceeding, including attorney’s fees and court costs, that relates to or is based on your violation of these Terms of Use or misuse of the site, or any services available from RWM through the site, including such violation or misuses conducted by your employee or agent, if applicable.

Waiver and Severability

No waiver by RWM of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition. Any failure of RWM to assert a right or provision under these terms does not constitute a waiver of such right or position.

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.

Governing Law

All matters and any dispute or claim relating to this website and these Terms of Use shall be governed by and construed in accordance with the internal laws of California without giving effect to any principle of conflicts of law. Any action at law or in equity shall be brought only in state or federal courts within San Diego County or the Southern District of California regardless of where you may be physically located or where you may have accessed the site governed by the Terms of Use. You hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigation.

Privacy Policy

For our privacy policy, please visit https://www.pcmcommercial.com/pages/privacy-policy.

Licenses

For our licensing information, visit https://www.pcmcommercial.com/pages/state-licensing-disclosure.

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