Terms of Service

These Terms of Service ("Terms," "Agreement") govern your access to and use of the website, applications, and services (collectively, the "Services") provided by Ashlar Lending Inc. ("Ashlar Lending," "Company," "we," "us," or "our"), a California-licensed mortgage broker, NMLS #2699657, located at 1100 Melody Lane, Ste 1028, Roseville, CA 95678.

1. Eligibility

You must be at least 18 years of age and legally capable of entering into a binding contract to use our Services. By using our Services, you represent and warrant that you meet these eligibility requirements. If you are using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms.

2. Description of Services

Ashlar Lending operates as a mortgage broker licensed in the State of California and operates throughout the United States in accordance with applicable federal and state laws. Our Services may include, but are not limited to:

• Providing mortgage loan information, educational content, and program details
• Accepting pre-qualification and loan application inquiries
• Facilitating the mortgage loan origination process by connecting borrowers with third-party lenders
• Providing rate quotes, estimates, and loan program comparisons
• Communicating with you via phone, email, SMS, and other channels regarding your inquiry or application

2.1 Broker Disclosure

Ashlar Lending acts as a mortgage broker, not a direct lender. We do not make mortgage loans or credit decisions. We facilitate loan transactions between borrowers and third-party lending institutions. All loan approvals, terms, conditions, interest rates, and funding decisions are made solely by the applicable lender and are subject to that lender's underwriting guidelines, credit policies, and investor requirements. Ashlar Lending does not guarantee loan approval, specific terms, or interest rates.

3. No Guarantee of Results

While we strive to match you with the most suitable mortgage products available, we make no guarantees, representations, or warranties regarding:

• Loan approval or pre-qualification
• Specific interest rates, loan terms, or loan amounts
• Closing timelines or transaction completion
• The availability of any particular loan program or product
• Property values, appraisal results, or market conditions
• Future changes in interest rates or loan program guidelines

All loan programs, rates, and terms are subject to change without notice and are determined by third-party lenders based on their current guidelines, investor requirements, and your individual qualifications.

4. Accuracy of Information

You agree to provide accurate, complete, current, and truthful information in all forms, applications, and communications with Ashlar Lending. You understand that:

• Providing false, misleading, or incomplete information may result in denial of your application and may constitute mortgage fraud under federal and state law.
• Mortgage fraud is a serious criminal offense that may result in fines, imprisonment, and other penalties under 18 U.S.C. § 1014, 18 U.S.C. § 1343, and applicable state laws.
• You are responsible for promptly updating any information that changes during the loan process.
• We rely on the accuracy of the information you provide and are not liable for consequences resulting from inaccurate or incomplete information supplied by you.

5. Consent to Communications

By providing your contact information (phone number, email address) through our website, forms, or by any other means, you expressly consent to receiving communications from Ashlar Lending and its agents, partners, and service providers, including:

• Phone Calls: Including calls made using automated dialing systems and/or prerecorded or artificial voice messages, to any phone number you provide, including mobile phone numbers.
• Text Messages (SMS/MMS): Including automated text messages regarding your inquiry, loan application, or marketing communications. Message and data rates may apply. Message frequency varies. Reply STOP to opt out.
• Emails: Including transactional, service-related, and marketing emails.

Your consent to receive communications is not a condition of purchasing any goods or services. You may revoke your consent at any time by contacting us at [email protected], calling us at (279) 900-6256, or by replying STOP to any text message.

6. Consent to Obtain Credit Report

By submitting a loan inquiry or application through our website or by any other means, and by providing your Social Security Number (SSN) or other identifying information for the purpose of obtaining a credit report, you authorize Ashlar Lending and/or its third-party lending partners to:

• Obtain consumer credit reports and credit scores from one or more consumer reporting agencies
• Verify the information you have provided, including employment, income, assets, and identity
• Share your information with third-party lenders, investors, and service providers as necessary to process your loan application

You understand that this authorization may result in one or more inquiries appearing on your credit report. A "hard" credit inquiry may temporarily affect your credit score.

7. Website Content and Disclaimers

7.1 Informational Purposes Only

The content on our website, including but not limited to articles, blog posts, rate information, loan program descriptions, calculators, and marketing materials, is provided for general informational and educational purposes only. It does not constitute financial, legal, tax, or investment advice. You should consult with qualified professionals (including attorneys, tax advisors, and financial planners) before making any financial decisions.

7.2 Rate and Program Information

Any interest rates, Annual Percentage Rates (APR), loan amounts, payment estimates, or loan program details displayed on our website are for illustrative and informational purposes only. Actual rates, terms, and availability are subject to change without notice and will vary based on your individual financial situation, creditworthiness, property details, lender requirements, and market conditions.

7.3 No Professional Relationship

Browsing our website, reading our content, or submitting an inquiry does not establish a client, borrower, broker, or fiduciary relationship between you and Ashlar Lending. A professional relationship is established only when you formally engage our services and we agree to act on your behalf, as documented in a signed loan application and disclosure package.

8. Intellectual Property

All content, materials, text, graphics, logos, trademarks, images, software, code, and other intellectual property displayed on our website are owned by or licensed to Ashlar Lending and are protected by United States and international copyright, trademark, and other intellectual property laws. You may not:

• Reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any content from our website without our prior written consent
• Use our trademarks, logos, or brand elements without our prior written authorization
• Remove or alter any copyright, trademark, or other proprietary notices

9. Prohibited Conduct

When using our website and Services, you agree not to:

• Violate any applicable federal, state, or local law or regulation
• Provide false, misleading, or fraudulent information
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Interfere with or disrupt the integrity or performance of our website, servers, or networks
• Attempt to gain unauthorized access to our systems, accounts, or data
• Use any automated means (bots, scrapers, crawlers) to access our website without our prior written consent
• Transmit any viruses, malware, or other harmful code
• Use our website for any unlawful, fraudulent, or malicious purpose
• Harvest, collect, or store personal information of other users
• Engage in any conduct that could damage, disable, or impair our website or Services

10. Third-Party Links and Services

Our website may contain links to third-party websites, services, or content that are not owned or controlled by Ashlar Lending. We do not endorse, guarantee, or assume responsibility for any third-party website, service, product, or content. Your interactions with third-party websites are governed by those third parties' terms and privacy policies. We strongly recommend that you review the terms and privacy policies of any third-party site you visit.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

• ASHLAR LENDING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF (OR INABILITY TO USE) OUR WEBSITE OR SERVICES.
• OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OUR WEBSITE OR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO ASHLAR LENDING DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
• WE ARE NOT LIABLE FOR ANY DELAYS, ERRORS, OR FAILURES CAUSED BY THIRD-PARTY LENDERS, SERVICE PROVIDERS, OR OTHER PARTIES INVOLVED IN YOUR MORTGAGE TRANSACTION.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such cases, our liability shall be limited to the maximum extent permitted by law.

12. Disclaimer of Warranties

OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF OUR WEBSITE AND SERVICES IS AT YOUR OWN RISK.

13. Indemnification

You agree to indemnify, defend, and hold harmless Ashlar Lending, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of or access to our website or Services
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Any information you provide to us that is false, misleading, or inaccurate
• Your infringement of any third-party rights
• Any claim by a third party arising from your actions or omissions

14. Dispute Resolution and Governing Law

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. For any matters not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Sacramento County, California.

14.2 Arbitration Agreement

You and Ashlar Lending agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of our website or Services (except for claims related to intellectual property or injunctive relief) shall be resolved through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. You agree that:

• Arbitration shall take place in Sacramento County, California, or at another mutually agreed location.
• The arbitrator's decision shall be final and binding and may be enforced in any court of competent jurisdiction.
• YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION. All claims must be brought individually.

14.3 Exceptions

Notwithstanding the arbitration agreement, either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent or restrain infringement of intellectual property rights or to address imminent harm. Small claims court actions may also be filed in the appropriate jurisdiction.

15. Termination

We reserve the right to suspend or terminate your access to our website and Services at any time, with or without cause and with or without notice, at our sole discretion. Upon termination, your right to use our website and Services will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 11, 12, 13, and 14.

16. Modifications to Terms

Ashlar Lending reserves the right to modify, amend, or update these Terms at any time. When we make material changes, we will update the "Last Updated" date at the top of these Terms and may provide additional notice via email or on our website. Your continued use of our website or Services after any modification constitutes your acceptance of the revised Terms. If you do not agree with any changes, you must stop using our website and Services.

17. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving the parties' original intent.

18. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published on our website, constitute the entire agreement between you and Ashlar Lending with respect to your use of our website and Services, and supersede all prior or contemporaneous communications, whether oral or written, with respect to such subject matter.

19. Assignment

You may not assign or transfer your rights or obligations under these Terms without Ashlar Lending's prior written consent. Ashlar Lending may assign its rights and obligations under these Terms without restriction.

20. Waiver

The failure of Ashlar Lending to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Ashlar Lending.

21. Force Majeure

Ashlar Lending shall not be liable for any failure or delay in performing its obligations under these Terms due to causes beyond its reasonable control, including but not limited to natural disasters, pandemics, government actions, acts of terrorism, civil unrest, utility or communication failures, cyberattacks, or third-party service outages.

22. Equal Housing and Fair Lending

Ashlar Lending is committed to fair lending practices and complies with all applicable fair housing and equal credit opportunity laws, including the Fair Housing Act and the Equal Credit Opportunity Act. We do not discriminate on the basis of race, color, religion, national origin, sex, familial status, disability, marital status, age, sexual orientation, gender identity, ancestry, source of income, or any other characteristic protected by applicable law.

23. Licensing Disclosures

Ashlar Lending Inc. is a California-licensed mortgage broker. Our services may be subject to licensing requirements in the states in which we operate. For licensing information, please visit the Nationwide Multistate Licensing System (NMLS) Consumer Access website at www.nmlsconsumeraccess.org.

24. Contact Information

For questions, concerns, or feedback regarding these Terms of Service, please contact us: