Terms of use

ECP Mortgage Website Terms of Use

Effective Date: 01/08/2025

1. Acceptance of Terms

By accessing or using the ECP Mortgage website (www.ecpmortgage.com) (the "Site"), you agree to be bound by these Terms of Use. If you do not agree to these terms, please do not use the Site. These Terms of Use constitute a legally binding agreement between you and ECP Mortgage.

2. Use of the Site

Eligibility: You must be at least 18 years old and legally competent to enter into this agreement to use the Site.

Permitted Use: You may use the Site for lawful purposes only, including obtaining information about mortgage products and services, contacting ECP Mortgage, and accessing resources.

Prohibited Activities: You may not:

Use the Site for any illegal activity or in violation of any applicable laws or regulations.

Infringe on the intellectual property rights of ECP Mortgage or any third party.

Impersonate any person or entity or misrepresent your affiliation with any person or entity.

Interfere with or disrupt the Site or servers or networks connected to the Site.

Use any data mining, robots, or similar data gathering or extraction methods.

Attempt to gain unauthorized access to any portion of the Site, user accounts, or computer systems or networks connected to the Site.

3. User Content

Responsibility: You are solely responsible for any content you submit, post, or display on the Site.

License Grant: By submitting content, you grant ECP Mortgage perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt, translate, publish, publicly perform, publicly display, and distribute such content.

Representations and Warranties: You represent and warrant that you have all necessary rights to submit the content and that the content does not violate any third-party rights.

4. Intellectual Property

Ownership: The Site and its content, including but not limited to text, graphics, logos, images, and software, are the property of Equitable Capital Partners LLC dba ECP Mortgage or its licensors and are protected by copyright, trademark, and other intellectual property laws.

Limited License: ECP Mortgage grants you a limited, non-exclusive, non-transferable license to access and use the Site for its intended purposes.

5. Disclaimers

No Warranties: The Site and its content are provided "as is" without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

Accuracy of Information: ECP Mortgage strives to provide accurate and up-to-date information on the Site, but we make no representations or warranties as to the accuracy, completeness, or reliability of any information.

Financial Advice: The information on the Site is for general informational purposes only and does not constitute financial, legal, or other professional advice. You should consult with a qualified professional for advice tailored to your specific situation.

Third-Party Links: The Site may contain links to third-party websites. ECP Mortgage is not responsible for the content or privacy practices of these websites.

6. Limitation of Liability

Exclusion of Damages: To the fullest extent permitted by law, ECP Mortgage will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the Site or its content.

Cap on Liability: In no event shall ECP Mortgage's total liability to you for all damages, losses, and causes of action arising out of or relating to these Terms of Use or your use of the Site exceed the amount paid by you, if any, to access the Site.

7. Indemnification

You agree to indemnify and hold harmless ECP Mortgage, its affiliates, officers, directors, employees, and agents from any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your use of the Site, your violation of these Terms of Use, or your violation of any rights of a third party.

8. Governing Law and Venue

Governing Law: These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles.

Venue: Any legal action or proceeding arising out of or relating to these Terms of Use or the Site shall be instituted exclusively in the state or federal courts located in Miami Dade, Florida.

9. Dispute Resolution

Informal Resolution: Before initiating any arbitration or legal action, you agree to first contact ECP Mortgage to attempt to resolve the dispute informally.

Binding Arbitration: Any dispute arising out of or relating to these Terms of Use or the Site that cannot be resolved informally shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be held in Miami, FL.

10. Electronic Communications

By using the Site, you consent to receiving electronic communications from ECP Mortgage.

These communications may include notices about your account and information concerning or related to our services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

11. Severability

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

12. Waiver

No waiver of any term or condition of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

13. Entire Agreement

These Terms of Use constitute the entire agreement between you and ECP Mortgage relating to the use of the Site and supersede all prior or contemporaneous communications and proposals, whether oral or written.

14. Changes to these Terms of Use

ECP Mortgage reserves the right to modify these Terms of Use at any time. We will post any changes on the Site and update the Effective Date at the top of this page. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes.

15. Contact Us

If you have any questions about these Terms of Use, please contact us at:

[email protected]