These Terms and Conditions (“Terms”) govern your access as a user (“User” or “You”) to and use of the website operated by ERMBC Advisors, LLC (“Company,” “we,” “us,” or “our”). By accessing or using this website, you agree to be bound by these Terms. If you do not agree, you must discontinue use of the website.
Nature of Services
ERMBC Advisors, LLC is a consulting firm. We are not a mortgage lender, mortgage servicer, or real estate broker. We provide, including, but not limited to: (1) Consulting and informational services related to residential and commercial financing; (2) Referral and coordination services for residential mortgage loans arranged through InstaMortgage Inc., NMLS ID 1035734; and (3) Commercial loan consulting involving third-party lenders, private lenders, or financial institutions. We do not make credit decisions, set loan terms, underwrite loans, or fund loans.
No Offer to Lend or Guarantee of Financing
Nothing on this website constitutes: (1) An offer to lend; (2) A solicitation for credit; (3) A loan application; (4) A commitment to lend; (5) A loan approval or pre-approval; (6) A guarantee of loan terms or funding. All residential mortgage loans are subject to credit approval, property approval, lender requirements, and applicable laws.
Residential Mortgage Loans
Residential mortgage loans referenced on this website are arranged exclusively through InstaMortgage Inc., NMLS ID 1035734. Licensed Mortgage Loan Officer: Erasmo R. Menchaca, NMLS ID 2130676 All mortgage approvals, underwriting, interest rates, fees, terms, and funding decisions are made solely by InstaMortgage Inc. and its lending partners. Not all applicants will qualify.
Commercial Loan Consulting
Commercial loan consulting services are provided on an informational and advisory basis only. Commercial loans are not consumer mortgage loans and may: (1) Carry higher risk; (2) Involve different underwriting standards; and (3) Provide fewer consumer protections than residential mortgage loans. ERMBC Advisors, LLC does not guarantee commercial loan approval, terms, or funding.
No Agency, Fiduciary, or Advisory Relationship
Use of this website does not create a lender-borrower, broker-client, fiduciary, financial advisory, or agency relationship. Any consulting relationship must be established through a separate written agreement.
User Responsibilities
You agree to: (1) Provide accurate and truthful information; (2) Use the website for lawful purposes only; (3) Refrain from submitting false or misleading information; and (4) Not attempt to interfere with website security or functionality. You are responsible for verifying any information before relying on it.
Intellectual Property
All content on this website, including text, graphics, logos, images, and software, is the property of ERMBC Advisors, LLC or its licensors and is protected by intellectual property laws. You may not copy, reproduce, distribute, modify, or create derivative works without prior written consent.
Third-Party Websites and Services
This website may contain links to third-party websites or services. ERMBC Advisors, LLC does not control and is not responsible for the content, policies, or practices of any third party. Use of third-party services is at your own risk.
Disclaimer of Warranties
This website and its content are provided on an “as is” and “as available” basis. ERMBC Advisors, LLC makes no representations or warranties, express or implied, regarding: (1) Website availability or functionality; (2) Accuracy or completeness of content; and (3) Suitability of information for any purpose.
Limitation of Liability
To the fullest extent permitted by law, ERMBC Advisors, LLC shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising from or related to your use of the website or reliance on its content.
Indemnification
You agree to indemnify and hold harmless ERMBC Advisors, LLC, its members, managers, affiliates, and representatives from any claims, losses, damages, liabilities, or expenses arising out of your use of the website or violation of these Terms.
Compliance With Laws
You agree to comply with all applicable federal, state, and local laws when using this website, including consumer protection and advertising laws.
Governing Law and Venue
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State in which ERMBC Advisors, LLC is organized, without regard to its conflict of law principles. Any dispute, claim, or controversy arising out of or relating to these Terms, the website, or the services provided by ERMBC Advisors, LLC shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules then in effect, except as otherwise required by applicable law.
Arbitration Procedure – The arbitration shall be conducted by a single neutral arbitrator. At the election of either party, arbitration may be conducted remotely by video conference (including Zoom or similar platforms), by telephone, or through written submissions, unless an in-person hearing is required by the AAA Consumer Arbitration Rules. For administrative purposes only, the place of arbitration shall be the state in which ERMBC Advisors, LLC is organized, unless otherwise required by the AAA Consumer Arbitration Rules or agreed upon by the parties. Arbitration costs and fees shall be allocated in accordance with the AAA Consumer Arbitration Rules. Each party shall bear its own attorneys’ fees unless otherwise required by law or awarded by the arbitrator. Either party may bring an individual claim in small-claims court if the claim qualifies and remains in that court, without waiving the right to arbitration for any other claim. You and ERMBC Advisors, LLC agree that any dispute resolution proceeding shall be conducted on an individual basis only and not as a class, collective, consolidated, or representative action. Nothing in this section shall prevent either party from seeking temporary or injunctive relief in a court of competent jurisdiction to preserve rights or prevent irreparable harm pending arbitration. The arbitrator’s decision shall be final and binding on the parties, and judgment on the arbitration award may be entered in any court of competent jurisdiction.
Changes to Terms
ERMBC Advisors, LLC reserves the right to modify these Terms at any time. Updates will be effective upon posting with a revised “Last Updated” date.
Severability
If for any reason any portion of these Terms is held to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible and the remainder of the Terms will remain in full force and effect. User agrees that each provision to these Terms shall be construed independent of any other provision of the Terms. The invalidity or unenforceability of any particular provision of these Terms shall not affect the other provisions hereof.
Entire Agreement
These Terms and Conditions, together with any other policies or legal notices posted on this website, including the Privacy Policy, Accessibility Statement, and any applicable disclosures, constitute the entire agreement between you and ERMBC Advisors, LLC regarding your use of the website and related services. They supersede and replace any prior or contemporaneous agreements, communications, representations, or understandings, whether written or oral, relating to the subject matter herein. Any waiver, modification, or amendment to these Terms must be in writing and executed by an authorized representative of ERMBC Advisors, LLC.
Survival
All provisions of these Terms and Conditions which by their nature should survive termination or expiration of these Terms shall survive, including but not limited to provisions relating to arbitration, limitation of liability, disclaimers, indemnification, intellectual property, governing law, and dispute resolution.
No Reliance
You acknowledge and agree that you have not relied upon any statement, representation, warranty, forecast, illustration, or example, whether oral or written, other than those expressly set forth in these Terms and Conditions, in deciding to use this website or any services referenced herein. Any information, examples, or scenarios provided on this website or in marketing or advertising materials are for general informational purposes only and do not constitute guarantees, commitments, or assurances of any outcome.
Contact Information
Questions regarding these Terms and Conditions may be directed to:
ERMBC Advisors, LLC
Email: info@ermbcadvisors.com
Website: www.ermbcadvisors.com